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Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations for FY2025
The Evolution of P.L. 86-272’s State Income Tax Immunity for Income Derived from Interstate Commerce
Joint Congressional Committee on Inaugural Ceremonies: History, Membership, and Inaugural Activities
Department of Defense-Minority Business Development Agency November 2024 Memorandum of Understanding
Democracy and Human Rights in U.S. Foreign Policy: Evolution, Tools, and Considerations for Congress
Tax-Exempt Organizations Under Internal Revenue Code Section 501(c): Political Activity Restrictions
Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations for FY2024
Military Memorials, Monuments, and Museums: Selected Resources for Federal, State, and Local Funding
Mission Critical: Restoring National Security as the Focus of Defense Production Act Reauthorization
The Appointment of Hispanic U.S. Circuit and District Court Judges: Historical Overview and Analysis
Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations for FY2023
SCOTUS Considers Federal Court Jurisdiction Over Constitutional Challenges to Pending Agency Actions
Trade-Related Agencies: FY2022 Appropriations, Commerce, Science, Justice and Related Agencies (CJS)
Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations for FY2022
Removal of Nazi Symbols and Inscriptions on Headstones of Prisoners of War in VA National Cemeteries
Congressional Court Watcher: Recent Appellate Decisions of Interest to Lawmakers (May 2–May 8, 2022)
U.S. Army Corps of Engineers Civil Works Infrastructure Financing Program (CWIFP): Status and Issues
ACA Connects v. Bonta: Ninth Circuit Upholds California’s Net Neutrality Law in Preemption Challenge
General State and Local Fiscal Assistance and COVID-19: Eligible Purposes, Allocations, and Use Data
U.S. Global Family Planning and Reproductive Health Programs: Funding Trends and Issues for Congress
Congressional Court Watcher: Recent Appellate Decisions of Interest to Lawmakers (Sept. 20–26, 2021)
OSHA Jurisdiction Over Public Schools and Other State and Local Government Entities: COVID-19 Issues
Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations for FY2021
Postal Reform Legislation in the 117th Congress: Operational Transparency and Performance Provisions
What Is an Autodialer (Part II)? The Supreme Court (Mostly) Resolves a Robocall Enforcement Question
The Application of Internal Revenue Code Section 280E to Marijuana Businesses: Selected Legal Issues
Trade-Related Agencies: FY2021 Appropriations, Commerce, Science, Justice and Related Agencies (CJS)
The Community Development Block Grant’s Disaster Recovery (CDBG-DR) Component: Background and Issues
Individual Tax Provisions (“Tax Extenders”) Expiring in 2020: In Brief
Six temporary individual income tax provisions were extended or reinstated by the Further Consolidated Appropriations Act, 2020 (P.L. 116-94). In the past, Congress has regularly acted to extend expired or expiring temporary tax provisions. These provisions are often referred to as “tax extenders.” Of the six provisions that were extended through 2020, three had expired in 2017 and were extended retroactively. They are the tax exclusion for canceled mortgage debt, the mortgage insurance premium deduction, and the above-the-line deduction for qualified tuition and related expenses. Two of...
Condition of Highway Bridges Continues to Improve
A construction-industry group recently estimated that more than one-third of all U.S. highway bridges need major repairs or replacement, construction work that could cost federal, state, and local governments about $164 billion. When compared to total bridge capital spending of about $17 billion per year, of which roughly $7 billion is federal support, some might consider this bridge investment “backlog” to be a significant budgetary challenge. Others say the situation is probably not as dire as this analysis suggests. The data used in that estimate, published every year by the Federal...
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136), signed into law on March 27, 2020, included direct payments to individuals—referred to in the law as “2020 recovery rebates.” The Internal Revenue Service (IRS) refers to the payments issued in 2020 as economic impact payments (EIPs), whereas some media reports call them “stimulus payments.” The recovery rebates are tax credits administered by the IRS. For more information on these payments, see CRS Insight IN11282, COVID-19 and Direct Payments to Individuals: Summary of the 2020 Recovery Rebates/Economic...
COVID-19: Summary of the Direct Payments Proposed in the HEROES Act (H.R. 6800)
The Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES Act; H.R. 6800), as passed by the House on May 15, 2020, proposes new direct payments to individuals, which the bill text refers to as “additional recovery rebates to individuals.” Direct payments were included in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136), which was signed into law on March 27, 2020. This Insight provides a brief overview of the additional direct payments included in the HEROES Act. (The HEROES Act would also modify the direct payments in the CARES Act. These...
Coronavirus Disease 2019 (COVID-19) Pandemic: CRS Experts
On December 31, 2019, the World Health Organization (WHO) was informed of a cluster of pneumonia cases in Wuhan, China. Illnesses have since been linked to a new strain of coronavirus, designated Coronavirus disease 2019, or COVID-19. The disease has spread to many other countries, including the United States. The situation is rapidly changing, and both WHO and the U.S. Centers for Disease Control and Prevention (CDC) post frequent updates. CRS products on the outbreak are available under the “Coronavirus Resources” banner at https://www.crs.gov/.
Suspension of the Rules: House Practice in the 115th Congress (2017-2018)
Suspension of the rules is the most commonly used procedure to call up measures on the floor of the House of Representatives. As the name suggests, the procedure allows the House to suspend its standing and statutory rules in order to consider broadly supported legislation in an expedited manner. More specifically, the House temporarily sets aside its rules that govern the raising and consideration of measures and assumes a new set of constraints particular to the suspension procedure.
The suspension of the rules procedure has several parliamentary advantages: (1) it allows non-privileged...
The respective House and Senate Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriations subcommittees are charged with providing annual appropriations for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and certain related agencies. This report describes action on FY2020 annual appropriations for THUD, including detailed tables for each major agency, and including the effect of the CARES supplemental appropriations act, signed into law on March 27, 2020, on DOT and HUD budget authority.
The 2020 Renewable Fuel Standard (RFS): COVID-19 Impacts
Ongoing COVID-19 mitigation measures may impact the Renewable Fuel Standard (RFS)—a mandate requiring U.S. transportation fuel to contain renewable fuel. Since the beginning of the pandemic, transportation fuel demand has dropped significantly, compared to January through early March 2020 and to projections made when the 2020 volume requirements were finalized. Significant changes in fuel demand and other effects of the pandemic could affect both the implementation of the RFS and the impacts of compliance with the 2020 standard, particularly given the present-day uncertainties with...
Congress includes measures in annual appropriations legislation requiring the Secretary of State to bar certain foreign corrupt officials (kleptocrats) and human rights violators and their immediate family members from entry into the United States. Following a brief introduction, this CRS report provides a chronological list of such publicly designated individuals under Section 7031(c) of annual appropriations for the Department of State, Foreign Operations, and Related Programs (SFOPS). A complete list of public designations pursuant to Section 7031(c) may be relevant as Congress...
Child Support Enforcement-Led Employment Services for Noncustodial Parents: In Brief
The Child Support Enforcement (CSE) program is a federal-state partnership that seeks to ensure child support is a regular source of income for families. The program transfers financial support from a noncustodial parent (NCP) to a child’s primary caretaker (usually a custodial parent). Nearly two-thirds of participating custodial families report having incomes below 200% of the federal poverty threshold. The CSE program collects about two-thirds of the current support that is due each year, with the remainder that is unpaid becoming arrears (i.e., past-due support).
Many NCPs who do not...
Judiciary Appropriations, FY2020
Funds for the judicial branch are included annually in the Financial Services and General Government (FSGG) appropriations bill. The bill provides funding for the U.S. Supreme Court; the U.S. Court of Appeals for the Federal Circuit; the U.S. Court of International Trade; U.S. courts of appeals and district courts; the Administrative Office of the U.S. Courts; the Federal Judicial Center; the U.S. Sentencing Commission; federal defender organizations that provide legal representation to defendants financially unable to retain counsel in federal criminal proceedings; security and protective...
Bribery, Kickbacks, and Self-Dealing: An Overview of Honest Services Fraud and Issues for Congress
As the trials of state legislators Sheldon Silver and Dean Skelos illustrate, corruption among high-profile public officials continues to be a concern in the United States. Likewise, recent examples abound of powerful executives and others in roles of authority abusing positions of trust for personal gain. Faced with this reality, Congress has shown consistent interest in policing public- and private-sector corruption, enacting a number of criminal provisions aimed at holding corrupt officials accountable for their actions under federal law. However, one of federal prosecutors’ most potent...
COVID-19 Alternate Care Sites (ACSs): Role and Activities of the U.S. Army Corps of Engineers
The U.S. Army Corps of Engineers (USACE) provides engineering services and capabilities in support of national interests. As part of its overall mission, USACE prepares for and responds to national emergencies in support of the Department of Defense and other federal agencies and efforts. In response to the Coronavirus Disease 2019 (COVID-19) pandemic emergency, the Federal Emergency Management Agency (FEMA) had assigned USACE missions totaling $1.8 billion as of mid-May 2020, which have led to USACE
assessing over 1,000 sites for potential use as alternate care sites (ACSs, also called...
COVID-19: Defense Production Act (DPA) Developments and Issues for Congress
The White House is employing the Defense Production Act of 1950 (DPA) in response to the Coronavirus Disease 2019 (COVID-19) pandemic to facilitate the production and availability of essential goods, supplies, and services. This Insight considers recent DPA actions and associated policy considerations for Congress. It is a companion to CRS Insights IN11337, IN11280, and IN11231. See CRS Report R43767 for a more in-depth discussion of DPA history and authorities.
New DPA Actions in Response to COVID-19
Since April 15, eight DPA actions have been made public:
According to Federal...
FY2020 Defense Appropriations Act: P.L. 116-93 (H.R. 2968, S. 2474, H.R. 1158)
The FY2020 Defense Appropriations Act, enacted as Division A of H.R. 1158, the Consolidated Appropriations Act for FY2020, provides a total of $687.8 billion in discretionary budget authority, all to fund activities of the Department of Defense (DOD), except for $1.1 billion for certain activities of the intelligence community. As enacted, the bill provides 99.6% of the funding requested by President Trump requested for programs falling within the scope of this bill.
FY2020 RequestHouse-passed H.R. 2968Senate Committee-Reported S. 2474Enacted P.L. 116-93 Division A Base Budget$526.6...
Tax Cuts and Economic Stimulus: How Effective Are the Alternatives?
The economic effects of the Coronavirus Disease 2019 (COVID-19) pandemic has led Congress to enact general fiscal stimulus in the form of tax cuts and spending increases. Further stimulus may be considered. This report discusses tax cuts enacted during the Great Recession, as well as those recently enacted and those under consideration.
In response to the Great Recession several types of tax cuts were debated as possible fiscal stimulus—with fiscal stimulus legislation enacted in February 2008 (P.L. 110-185) and a much larger one in February 2009 (P.L. 111-5). Both bills included...
Establishment and History
The Office of the Attending Physician (OAP) was established in 1928, after the House agreed to a resolution on December 5, 1928, requesting the Secretary of the Navy detail a medical officer to the House (H.Res. 253, 70th Congress).
On April 7, 1930, the Senate agreed to a concurrent resolution (S.Con.Res. 14, 71st Congress) extending the services of the Attending Physician to both chambers. Although the House never considered the concurrent resolution, the OAP began serving both the House and the Senate at that time.
Since the initial appointment in 1928, the...
Congressionally Mandated Reports: Overview and Considerations for Congress
Congress frequently requires the President, departments, agencies, and other entities of the federal government to transmit reports, notifications, studies, and other information on a specified timeline. Reporting requirements may direct agency officials to notify Congress or its committees of forthcoming actions or decisions, describe actions taken on a particular matter, establish a plan to accomplish a specified goal, or study a certain problem or concern.
Reporting requirements may be designed to serve a range of purposes that facilitate congressional oversight of the executive branch...
Novel Coronavirus 2019 (COVID-19): Q&A on Global Implications and Responses
In December 2019, hospitals in the city of Wuhan in China’s Hubei Province began seeing cases of pneumonia of unknown origin. Chinese health authorities ultimately connected the condition, later named coronavirus disease 2019 (COVID-19), to a previously unidentified strain of coronavirus. The disease has spread to almost every country in the world, including the United States. WHO declared the outbreak a Public Health Emergency of International Concern on January 30, 2020; raised its global risk assessment to “Very High” on February 28; and labeled the outbreak a “pandemic” on March 11....
COVID-19 and Public Water Service Continuity
The Coronavirus Disease 2019 (COVID-19) pandemic has increased attention to several issues regarding the provision of public water services. These include long-standing water-rate affordability concerns, the importance of clean water to public health, and the financial sustainability of some public water systems (whether publicly or privately owned). The spread of COVID-19 has raised specific concerns regarding the continuity of residential water services needed to support hand-washing and other public health measures—particularly as more customers may become unable to pay water bills...
How Social Security Benefits Are Computed: In Brief
Social Security, the largest program in the federal budget (in terms of outlays), provides monthly cash benefits to retired or disabled workers and their family members as well as to the family members of deceased workers. In 2019, benefit outlays were approximately $1,048 billion, with roughly 64 million beneficiaries and 178 million workers in Social Security-covered employment. Under current law, Social Security’s revenues are projected to be insufficient to pay full scheduled benefits after 2035.
Monthly benefit amounts are determined by federal law. Social Security is of ongoing...
Hazard Pay and the COVID-19 Pandemic: Issues and Options
A number of policymakers have expressed interest in providing essential workers at risk of exposure to COVID-19 with additional compensation, or hazard pay. The Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act (H.R. 6800), introduced on May 12, 2020, would create a fund for “pandemic premium pay” for essential workers. This Insight highlights some of the policy considerations should a hazard pay policy be pursued, as well as federal government options for supporting hazard pay.
What is Hazard Pay?
Hazard pay is a type of premium pay for individuals performing work...
CDBG-DR Funding and Oversight: Puerto Rico
In March 2020, the Department of Housing and Urban Development’s (HUD’s) Office of the Inspector General (OIG) released a report of findings from its audit of the Puerto Rico Department of Housing’s (PRDOH; also known as Departamento de la Vivienda, or Vivienda) capacity to administer funds under the Community Development Block Grant program for disaster recovery (CDBG-DR). The audit assessed (1) PRDOH’s compliance with HUD regulations and requirements in administering CDBG-DR funds, and (2) the existence of financial and procurement policies and procedures consistent with federal...
COVID-19: U.S. Economic Effects
This Insight discusses the current and projected effects of the Coronavirus Disease 2019 (COVID-19) pandemic on the U.S. economy. For effects on the world economy, see CRS Report R46270, Global Economic Effects of COVID-19, coordinated by James K. Jackson.
The economic impacts of COVID-19 since March 2020 have been large and dramatic, with impact disparities between various sectors and regions. In the United States, fear of infection, social distancing, and various states’ stay-at-home orders prompted business closures and severe declines in U.S. demand for travel, accommodations,...
Domestic Public Health Response to COVID-19: Current Status
The Coronavirus Disease 2019 (COVID-19) pandemic is affecting communities throughout the United States, with total case counts growing daily. More than 1.3 million cases, including more than 82,000 deaths, have been reported in the United States. Containment and mitigation efforts by federal, state, and local governments have been undertaken to “flatten the curve”—that is, to slow widespread transmission that could overwhelm the nation’s health care system. Currently, “social distancing” restrictions that have been in place for almost two months are being eased in some jurisdictions as...
The Impact of COVID-19-Related Forbearances on the Federal Mortgage Finance System
One of the major economic impacts of the Coronavirus Disease 2019 (COVID-19) pandemic has been loss of income, which has left many Americans unable to repay their financial obligations—including their mortgage payments. In response, regulators have encouraged financial institutions to work with customers to allow them to defer payments on mortgages through a process known as forbearance. Provisions in the CARES Act (P.L. 116-136) require mortgage servicers to provide several months of forbearance to borrowers (at the borrowers’ requests, after they demonstrate a COVID-19-related financial...
Attempt: An Abbreviated Overview of Federal Criminal Law
Attempt is the incomplete form of some other underlying offense. Unlike state law, federal law does not feature a general attempt statute. Instead, federal law outlaws the attempt to commit a number of federal underlying offenses on an individual basis. Occasionally, federal law treats attempt-like conduct as an underlying offense; outlawing possession of drugs with intent to traffic, for instance. One way or another, it is a federal crime to attempt to commit nearly all of the most frequently occurring federal offenses.
Attempt consists of two elements. One is the intent to commit the...
National Park Service Deferred Maintenance: Frequently Asked Questions
This report addresses frequently asked questions about the National Park Service’s (NPS’s) backlog of deferred maintenance—maintenance that was not performed as scheduled or as needed and was put off to a future time. NPS’s deferred maintenance, also known as the maintenance backlog, was estimated for FY2018 (the most recent year available) at $11.920 billion. More than half of the NPS backlog is in transportation-related assets. Other federal land management agencies also have maintenance backlogs, but NPS’s is the largest and has drawn the most congressional attention.
During the past...
COVID-19 and China: A Chronology of Events (December 2019-January 2020)
In Congress, multiple bills and resolutions have been introduced related to China’s handling of a novel coronavirus outbreak in Wuhan, China, that expanded to become the coronavirus disease 2019 (COVID-19) global pandemic. This report provides a timeline of key developments in the early weeks of the pandemic, based on available public reporting. It also considers issues raised by the timeline, including the timeliness of China’s information sharing with the World Health Organization (WHO), gaps in early information China shared with the world, and episodes in which Chinese authorities...
The Strategic Petroleum Reserve: Background, Authorities, and Considerations
Crude oil price volatility has consequences for the U.S. and global economy. The Strategic Petroleum Reserve (SPR), the U.S. stockpile of petroleum, has played a role in U.S. energy policy for over 40 years. The need for a stockpile of petroleum to help protect against supply disruptions became apparent after the 1973-1974 Arab oil embargo, during which time the average price of imported crude oil tripled.
The oil embargo also fostered the establishment of the International Energy Agency (IEA), an intergovernmental organization, and the development of coordinated plans and measures among...
CRS Products and Experts on North Korea
North Korea has posed one of the most persistent U.S. foreign policy challenges of the post-Cold War period. With recent advances in its nuclear and missile capabilities under leader Kim Jong-un, North Korea (officially the Democratic People’s Republic of Korea, or DPRK) has become a grave security threat to the United States and its allies. U.S.-DPRK relations became particularly tense in 2016 and 2017, when North Korea conducted scores of missile tests and three nuclear weapons tests, prompting the United States to expand unilateral sanctions and to lead the United Nations to expand...
U.S. Postal Service Financial Condition and Title VI of the CARES Act
In its latest response to concerns about the financial condition of the United States Postal Service (USPS), Congress added a provision to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136, Section 6001) expanding USPS’s authority to borrow from the Treasury. This comes at a time when USPS is delivering important information and products in connection with the ongoing COVID-19 pandemic, including economic impact payments, census mailings, mail-in election ballots, and vital medicines.
The CARES Act borrowing authority raises new questions about USPS’s fiscal...
Intellectual Property Rights and International Trade
This report provides background on intellectual property rights (IPR) and discusses the role of U.S. international trade policy in enhancing IPR protection and enforcement abroad. IPR are legal rights granted by governments to encourage innovation and creative output by ensuring that creators reap the benefits of their inventions or works. They may take forms such as patents, trade secrets, copyrights, trademarks, or geographical indications (GIs). Congress has constitutional responsibility for legislating and overseeing IPR and international trade policy. Responsibility for developing IPR...
COVID-19: The Employee Retention Tax Credit
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) includes an employee retention payroll tax credit intended to help businesses retain employees during the Coronavirus disease 2019, or COVID-19, public health emergency. Employee retention remains a policy concern, as a number of economic sectors have announced layoffs resulting from the COVID-19 induced economic fallout. Unemployment insurance claims have surged following these widespread layoffs. This Insight summarizes the employee retention tax credit in the CARES Act, makes comparisons to previous employee...
Business Interruption Insurance and COVID-19: State Legislative Initiatives
One of the most significant challenges currently facing businesses is the loss of revenue as a result of the coronavirus (COVID-19) pandemic and subsequent stay-at-home orders. Businesses across all sectors are incurring losses, and those with business interruption insurance (BI) are submitting claims to their insurers. However, both individual insurance carriers and the industry as a whole have asserted that BI claims related to COVID-19 are not covered, either because there has been no physical damage to the property or because the policy expressly excludes coverage for viruses, or both....
Low Oil Prices May Trigger Certain Tax Benefits, but Not Others
Benchmark crude oil prices—such as U.S. West Texas Intermediate (WTI)—have steeply declined since January 2020. Oil market oversupply, the result of COVID-19 travel restrictions and increased global supply levels in March and April, has exerted downward pressure on prices. Although the duration of low oil prices is uncertain, price levels for the remainder of 2020 may largely be a function of demand recovery, supply adjustments, and return to a balanced market. Energy Information Administration (EIA) price forecasts, as of April 2020, indicate that WTI spot prices may average just over $29...
Business Interruption Insurance and COVID-19: Federal Legislative Initiatives
Many businesses across all sectors are experiencing disruption and incurring losses from the Coronavirus Disease 2019 (COVID-19) pandemic. The pandemic has stirred a debate among insurers, policyholders, and other stakeholders about who will be responsible for the losses that companies face from widespread shutdowns. This Insight will focus on efforts at the federal level to address business interruption (BI) insurance coverage for COVID-related shutdown losses. Insurance is primarily regulated at the state level, and there are efforts in a number of states providing for coverage of BI...
Community Bank Leverage Ratio (CBLR): Background and Analysis of Bank Data
Capital allows banks to withstand losses (to a point) without failing, and regulators require banks to hold certain minimum amounts. These requirements are generally expressed as ratios between balance sheet items, and banks (particularly small banks) indicate that reporting those ratios can be difficult. Capital ratios fall into one of two main types—simpler leverage ratios and more complex risk-weighted ratios. A leverage ratio treats all assets the same, whereas a risk-weighted ratio assigns assets a risk weight to account for the likelihood of losses.
In response to concerns that small...
COVID-19: Overview of FY2020 LHHS Supplemental Appropriations
The legislative response to the global pandemic of Coronavirus Disease 2019 (COVID-19) has included the enactment of laws to provide authorities and supplemental funding to prevent, prepare for, and respond to the pandemic. This report focuses on supplemental FY2020 discretionary appropriations provided to programs and activities traditionally funded by the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) appropriations bill.
As of the date of this report, LHHS supplemental appropriations for COVID-19 response have been provided in four separate...
Funding and Financing Highways and Public Transportation
For many years, federal surface transportation programs were funded almost entirely from taxes on motor fuels deposited in the Highway Trust Fund. The tax rates, which are fixed in terms of cents per gallon, have not been increased at the federal level since 1993. Meanwhile, motor fuel consumption is projected to decline due to improved fuel efficiency, increased use of electric vehicles, and slow growth in vehicle miles traveled. In consequence, revenue flowing into the Highway Trust Fund has been insufficient to support the surface transportation program authorized by Congress since...
U.S.-Iran Conflict and Implications for U.S. Policy
Since May 2019, U.S.-Iran tensions have heightened significantly, and evolved into conflict after U.S. military forces killed Qasem Soleimani, the commander of the Iran’s Islamic Revolutionary Guard Corps-Quds Force (IRGC-QF) and one of Iran’s most important military commanders, in a U.S. airstrike in Baghdad on January 3, 2020. The United States and Iran have appeared to be on the brink of additional hostilities since, as attacks by Iran-backed groups on bases in Iraq inhabited by U.S. forces have continued.
The background to the U.S.-Iran tensions are the 2018 Trump Administration...
COVID-19, U.S. Agriculture, and USDA’s Coronavirus Food Assistance Program (CFAP)
As COVID-19 has spread throughout the United States, it has reduced domestic economic activity and disrupted domestic and international supply chains for goods and services, including food and agricultural products. These disruptions have produced an immediate and very strong demand shock on the U.S. food supply chain that has sent many commodity prices sharply lower.
The food supply chain refers to the path that raw agricultural commodities take from the farm where they are produced, through the food processing and distribution network to the consumer where they are used. Supply chain...
Military Funding for Border Barriers: Catalogue of Interagency Decisionmaking
The Department of Defense (DOD, or the Department) has contributed $6.1 billion to the construction of new and replacement barriers along the U.S.-Mexico border in support of the Department of Homeland Security (DHS) by invoking a mixture of statutory and nonstatutory authorities. Congressional concerns surrounding the use of these authorities and the further possibility that DOD’s actions may jeopardize legislative control of appropriations has generated interest about the decisionmaking process that drove the Department’s funding decisions.
DOD has not generally made internal and...
COVID-19: Supply Chain Disruptions in the U.S. Fruit and Vegetable Industry: In Brief
In mid-March 2020, the foodservice industry, which accounts for a substantial share of the produce industry’s sales, was largely shut down as most states closed all but essential businesses in response to the coronavirus (COVID-19) public health emergency. This situation resulted in major supply chain disruptions for the U.S. produce industry.
Unauthorized Immigrants’ Eligibility for COVID-19 Relief Benefits: In Brief
This report discusses unauthorized immigrants’ (aliens’) eligibility for federal benefits generally and for COVID-19-related relief programs specifically. After a brief discussion of Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-193), this report explores unauthorized immigrants’ access to selected programs in the Families First Coronavirus Response Act (FFCRA; P.L. 116-127) and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136), both passed in March 2020 in response to the COVID-19 pandemic. This...
Medicaid Recession-Related FMAP Increases
Medicaid is jointly financed by the federal government and the states. States incur Medicaid costs by making payments to service providers (e.g., for doctor visits) and performing administrative activities (e.g., making eligibility determinations), and the federal government reimburses states for a share of these costs. The federal government’s share of a state’s expenditures for most Medicaid services is called the federal medical assistance percentage (FMAP). The FMAP varies by state and is inversely related to each state’s per capita income. For FY2020, FMAP rates range from 50% (13...
Mortgage Servicing Rights and Selected Market Developments
After a single-family mortgage has been originated, a mortgage servicer receives a fee to perform various administrative tasks—collecting and remitting the principal and interest payments to the mortgage lender; managing the borrower’s escrow account; processing the loan title once paid in full; and administering loss mitigation (e.g., forbearance plans) or foreclosure resolution on behalf of the lender if the borrower falls behind or fails to make full payment. Just as a mortgage is an asset for a lender, the right to earn income for servicing a mortgage is an asset for the mortgage...
The global carbon cycle is the process by which the element carbon moves between the air, land, ocean, and Earth’s crust. The movement of increasing amounts of carbon into the atmosphere, particularly as greenhouse gases, is the dominant contributor to the observed warming trend in global temperatures. Forests are a significant part of the global carbon cycle, because they contain the largest store of terrestrial (land-based) carbon and continuously transfer carbon between the terrestrial biosphere and the atmosphere. Consequently, forest carbon optimization and management strategies are...
Transportation Spending Under an Earmark Ban
In the 112th Congress (2011-2012), the House and Senate began observing a moratorium on earmarks. Earmarks—formally known as congressionally directed spending—directed a significant amount of federal transportation spending prior to the ban. This report discusses how federal highway, transit, rail, and aviation funding were distributed before and after the earmark ban, and how Members of Congress might influence the distribution with a ban in place.
House Rule XXI uses the term “congressional earmark” while Senate Rule XLIV uses the term “congressionally directed spending,” but they...
Patient Protection and Affordable Care Act (ACA): Resources for Frequently Asked Questions
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) had numerous provisions affecting private health insurance and public health coverage programs. This report provides resources to help congressional staff respond to constituents’ frequently asked questions (FAQs) about the ACA. It lists selected resources regarding consumers, employers, and other stakeholders, with a focus on federal sources. It also lists Congressional Research Service (CRS) reports that summarize the ACA’s provisions.
The Coronavirus Disease 2019 (COVID-19) pandemic has raised questions among...
North Korea: A Chronology of Events from 2016 to 2020
This report provides a detailed chronology of events relevant to U.S. relations with North Korea from January 2016, when North Korea conducted its fourth nuclear test, through the end of March 2020. (For background, the chronology includes a number of milestone events before 2016.) That nuclear test launched a new period of concentrated attention on North Korea (officially the Democratic People’s Republic of Korea, or DPRK). The Obama and Trump Administrations made denuclearization of North Korea one of their top foreign policy priorities, and Congress has devoted considerable attention to...
Congress is considering federal funding for infrastructure to revive an economy damaged by Coronavirus Disease 2019 (COVID-19). Congress previously provided infrastructure funding for economic stimulus in the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5). Enacted on February 17, 2009, ARRA was a response to the “Great Recession” that officially ran from December 2007 through June 2009. This report discusses the economic impact of the transportation infrastructure funding in ARRA.
ARRA provided $48.1 billion for programs administered by the U.S. Department of...
COVID-19: Role of the International Financial Institutions
The international financial institutions (IFIs), including the International Monetary Fund (IMF), the World Bank, and regional and specialized multilateral development banks, are mobilizing unprecedented levels of financial resources to support countries responding to the health and economic consequences of the COVID-19 pandemic.
More than half of the IMF’s membership has requested IMF support, and the IMF has announced it is ready to tap its total lending capacity, about $1 trillion, to support governments responding to COVID-19.
The World Bank has committed to mobilizing $160 billion...
Noncitizens and Eligibility for the 2020 Recovery Rebates
Some policymakers have expressed concern that certain individuals, including some immigrants (referred to as noncitizens, foreign nationals, or aliens in law and throughout this Insight), are ineligible for direct payments under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136). The statute refers to these payments as 2020 recovery rebates. The Internal Revenue Service (IRS) refers to these payments issued in 2020 as Economic Impact Payments. For more detailed information on these payments, see CRS Insight IN11282, COVID-19 and Direct Payments to Individuals:...
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) created PPP loans to provide short-term, economic relief to
businesses eligible to participate in the SBA’s 7(a) loan guarantee program, and
any business (including self-employed individuals or independent contractors), 501(c)(3) nonprofit organization, 501(c)(19) veteran’s organization, or tribal business not currently eligible that has not more than 500 employees or, if applicable, the SBA’s size standard for the industry in which it operates.
PPP loans can be used to cover payroll expenses and other...
Federal Response to COVID-19: Department of Veterans Affairs
The Department of Veterans Affairs (VA) provides a range of benefits to eligible veterans and their dependents. The department carries out its programs nationwide through three administrations and the Board of Veterans’ Appeals (BVA).
The Veterans Health Administration (VHA) is responsible for health care services and medical and prosthetic research programs.
The Veterans Benefits Administration (VBA) is responsible for, among other things, providing disability compensation, pensions, and education assistance.
The National Cemetery Administration (NCA) is responsible for maintaining...
COVID-19 and the Indian Health Service
The Indian Health Service (IHS) within the Department of Health and Human Services (HHS) is the lead federal agency charged with improving the health of American Indians and Alaska Natives. In FY2019, IHS provided health care to approximately 2.6 million eligible American Indians/Alaska Natives. Its total FY2020 annual appropriation was $6.2 billion. As of April 30, IHS has seen more than 3,000 positive tests for coronavirus among its service population. In particular, the Navajo Nation has experienced one of the largest outbreaks nationally.
IHS Is a Three-Tiered System with Resource...
The Prior Practice of Proxy Voting in House Committee
In order to increase physical distancing in response to the COVID-19 pandemic, the House scheduled consideration of a resolution during the week of April 20, 2020, that would have temporarily authorized the use of “proxy” voting on the chamber floor. Speaker Nancy Pelosi subsequently indicated that consideration of the resolution was postponed pending an examination by a bipartisan task force of options to facilitate remote participation by Representatives in committee and floor business.
The recent focus on proxy voting has led to interest in the history of the practice in the House....
U.S. Funding to the World Health Organization (WHO)
On April 14, 2020, President Donald Trump announced that the United States would suspend funding to the World Health Organization (WHO), pending a 60- to 90-day review, because of WHO’s “role in severely mismanaging and covering up the spread of the coronavirus.” The United States, the largest government contributor to WHO, is currently assessed 22% of the organization’s core budget (an estimated $122.6 million for FY2020). The United States also provides voluntary funding to WHO, with amounts varying per year depending on U.S. priorities and global health needs. U.S. voluntary...
Veto Threats and Vetoes in the George W. Bush and Obama Administrations
The Framers checked congressional legislative power by providing the President the power to veto legislation and, in turn, checked the President’s veto power by providing Congress a means to override that veto. Over time, it has become clear that the presidential veto power, even if not formally exercised, provides the President some degree of influence over the legislative process. Most Presidents have exercised their veto power as a means to influence legislative outcomes. Of 45 Presidents, 37 have exercised their veto power.
This report begins with a brief discussion of the ways...
Federal Health Centers and COVID-19
Federal health centers are outpatient health facilities that are required to be located in Health Professional Shortage Areas (HPSAs) and are required to provide care to all residents of their service area regardless of their ability to pay. The health center program is administered by the Health Resources and Services Administration (HRSA), within the Department of Health and Human Services, and is authorized in Section 330 of the Public Health Service Act. The program helps to support more than 1,400 community-based health centers operating over 12,000 delivery sites across the country....
Temporary Deferment of Import Duty Payments
On April 18, 2020, President Donald J. Trump issued Executive Order 13916 to provide the Secretary of the Treasury temporary emergency authority under Section 318(a) of the Tariff Act of 1930 (19 U.S.C. 1318(a), as amended) to extend deadlines for certain estimated payments of taxes, duties, and fees “for importers suffering significant financial hardship because of COVID-19.” Section 318(a) allows the President to authorize the Secretary of the Treasury to extend payment deadlines during a period of national emergency proclaimed pursuant to the National Emergencies Act.
Following the...
SBA EIDL and Emergency EIDL Grants for COVID-19
Congress increased eligibility for certain businesses and organizations for Small Business Administration (SBA) economic injury disaster loans (EIDL) and established an Emergency EIDL Grant program under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) to provide short-term, economic relief to certain small businesses and nonprofits affected by COVID-19. This Insight provides a brief overview of EIDL, including eligibility and loan terms. It also provides an overview of Emergency EIDL Grants, and describes how EIDL can be used in conjunction with Paycheck...
COVID-19 Disrupts U.S. Meat Supply; Producer Prices Tumble
U.S. livestock and poultry producers entered 2020 with an optimistic outlook for prices and income. Then in mid-March the food service sector, which accounts for a substantial share of meat consumption, was largely shut down as most states closed all but essential businesses. A temporary surge in retail meat purchases offset some of the reduction in food service demand. However, in early April, the situation worsened for producers as COVID-19 outbreaks began spreading in meatpacking plants around the United States, disrupting meat processing and leading to some shortages of meat products...
The Office of Technology Assessment: History, Authorities, Issues, and Options
Congress established the Office of Technology Assessment (OTA) as a legislative branch agency by the Office of Technology Assessment Act of 1972 (P.L. 92-484). OTA was created to provide Congress with early indications of the probable beneficial and adverse impacts of technology applications. OTA’s work was to be used as a factor in Congress’ consideration of legislation, particularly with regard to activities for which the federal government might provide support for, or management or regulation of, technological applications.
The agency operated for more than two decades, producing...
The Renewable Electricity Production Tax Credit: In Brief
The renewable electricity production tax credit (PTC) is a per-kilowatt-hour (kWh) tax credit for electricity generated using qualified energy resources. The credit expires at the end of 2020, so that only projects that began construction before the end of 2020 qualify for tax credits. Since the PTC is available for the first 10 years of production at a qualified facility, PTCs will continue to be claimed after the PTC’s stated expiration date. Whether the PTC should be extended, modified, or allowed to expire as scheduled is an issue Congress may choose to consider.
Most recently, the...
Selected Health Provisions in Title III of the CARES Act (P.L. 116-136)
The global pandemic of Coronavirus Disease 2019 (COVID-19) is affecting communities around the world and throughout the United States, with the number of confirmed cases and fatalities growing daily. Containment and mitigation efforts by U.S. federal, state, and local governments have been undertaken to “flatten the curve”—that is, to slow the widespread transmission that could overwhelm the nation’s health care system.
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act, P.L. 116-136) was enacted on March 27, 2020. It is the third comprehensive law enacted in 2020 to address...
Health Care-Related Expiring Provisions of the 116th Congress, Second Session
This report describes selected health care-related provisions that are scheduled to expire during the second session of the 116th Congress (i.e., during calendar year [CY] 2020). For purposes of this report, expiring provisions are defined as portions of law that are time-limited and will lapse once a statutory deadline is reached, absent further legislative action. The expiring provisions included in this report are those related to Medicare, Medicaid, the State Children’s Health Insurance Program (CHIP), and private health insurance programs and activities. The report also includes...
Fintech: Overview of Financial Regulators and Recent Policy Approaches
New technologies in the financial services sector can create challenges for the various federal agencies responsible for financial regulation in the United States. As these regulators address the potential benefits and risks of innovation, policymakers have demonstrated significant interest in understanding the types of technologies that may benefit consumers and financial markets while identifying the risks that new financial services may present. As Congress considers the potential tradeoffs of financial technology or fintech, it can be useful to understand how the financial system...
The Pandemic Response Accountability Committee: Organization and Duties
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) created a new federal entity, the Pandemic Response Accountability Committee (PRAC), to “conduct and support oversight” of the federal government’s response to the COVID-19 pandemic and promote transparency.
This Insight provides an introduction to the organization and duties of the PRAC.
Organization
Section 15010(b) of the CARES Act establishes the PRAC within the Council of Inspectors General on Integrity and Efficiency (CIGIE), the oversight and coordination body for the inspector general community. The...
Fintech: Overview of Innovative Financial Technology and Selected Policy Issues
Advances in technology allow for innovation in the ways businesses and individuals perform financial activities. The development of financial technology—commonly referred to as fintech—is the subject of great interest for the public and policymakers. Fintech innovations could potentially improve the efficiency of the financial system and financial outcomes for businesses and consumers. However, the new technology could pose certain risks, potentially leading to unanticipated financial losses or other harmful outcomes. Policymakers designed many of the financial laws and regulations...
The Federal Contraceptive Coverage Requirement: Past and Pending Legal Challenges
When Congress enacted the Patient Protection and Affordable Care Act (ACA) in 2010, it required employment-based health plans and health insurance issuers to cover certain preventive health services without cost sharing. Those services, because of agency guidelines and rules, would soon include contraception for women. The “contraceptive coverage requirement,” or “contraceptive mandate” as it came to be known, was heavily litigated in the years to follow, and exemptions from the requirement are currently the subject of a pending Supreme Court case.
The various legal challenges to the...
President Trump Criticizes VOA Coverage of China’s COVID-19 Response
The President’s Criticism of VOA’s Coverage of China
On April 10, 2020, the White House included in its online “1600 Daily” summary of key news and events a statement entitled “Voice of America Spends Your Money to Speak for Authoritarian Regimes.” The statement referred to a Voice of America (VOA) story and two posts that, it asserted, “amplified Beijing’s propaganda” about Coronavirus Disease 2019 (COVID-19). The statement criticized VOA for running an Associated Press article on its website on April 7, 2020, which referred to Wuhan’s lockdown as a “model” for other countries battling...
Congress is considering a number of proposals that seek to mitigate the economic effects of the COVID-19 pandemic. One such proposal, the Coronavirus Aid, Relief, and Economic Security (CARES) Act (S. 3548), was introduced in the Senate on March 19, 2020. On March 22, 2020, an updated version of the CARES Act was circulated, as a proposed amendment to H.R. 748. A cloture vote on a motion to proceed, which was designed to allow consideration of the CARES Act, was rejected on March 22. A third version of the CARES Act was released on March 25, 2020. On March 25, the Senate voted 96-0 to pass...
Honduras: Background and U.S. Relations
Honduras, a Central American nation of 9.3 million people, has had close ties with the United States for many years. The country served as a base for U.S. operations designed to counter Soviet influence in Central America during the 1980s, and it continues to host a U.S. military presence and cooperate on various security concerns today. Trade and investment linkages are also long-standing and have grown stronger since the implementation of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) in 2006. Instability in Honduras—including a 2009 coup and...
Flood Risk Reduction from Natural and Nature-Based Features: Army Corps of Engineers Authorities
The U.S. Army Corps of Engineers (USACE) is the primary federal agency involved in federal construction to help reduce community flood risk. Congressional direction on USACE flood risk reduction activities has evolved from primarily supporting levees, dams, and engineered dunes and beaches. Since 1974, Congress has required that USACE evaluate nonstructural alternatives, such as elevation of structures and acquisition of floodplain lands, during its planning of projects. Since the mid-2010s, Congress also has directed the consideration of natural and nature-based features (NNBFs). Examples...
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) created the Small Business Administration’s (SBA’s) Paycheck Protection Program (PPP). On April 16, 2020, the SBA reported that it had exhausted all funding provided by the CARES Act for the PPP.
On April 24, 2020, President Trump signed the Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139), which contains lending set asides for smaller lenders. These set asides appear to be motivated by media coverage claiming that some big banks benefited from issuing large volumes of PPP loans and...
Forest Service Announces Timber Sale Contract Relief
On April 15, 2020, the Forest Service (FS) announced options for timber purchasers to extend the terms of their contract to harvest timber from the National Forest System (NFS). (Read the announcement here.) The FS, within the Department of Agriculture (USDA), sells timber to willing buyers in the private sector (timber purchasers) pursuant to specified contract terms. Although timber sales generally must be completed in a set amount of time, the FS may extend that time if it finds a “substantial overriding public interest” (referred to as a SOPI finding) in doing so. The SOPI finding...
President Donald Trump signed the Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139) on April 24, 2020. The act provides supplemental appropriations for the Paycheck Protection Program, the Public Health and Social Services Emergency Fund to support health care providers and expand testing for COVID-19, and Small Business Administration disaster loans and grants.
This legislation is the fourth relief act addressing the COVID-19 pandemic. As was the case for the Coronavirus Preparedness and Response Supplemental Appropriations Act (P.L. 116-123), the Families First...
Transatlantic Relations: U.S. Interests and Key Issues
For the past 70 years, the United States has been instrumental in leading and promoting a strong U.S.-European partnership. Often termed the transatlantic relationship, this partnership has been grounded in the U.S.-led post-World War II order based on alliances with like-minded democratic countries and a shared U.S.-European commitment to free markets and an open international trading system. Transatlantic relations encompass the North Atlantic Treaty Organization (NATO), the European Union (EU), close U.S. bilateral ties with most countries in Western and Central Europe, and a massive,...
The Child Support Federal Tax Offset of CARES Act Economic Impact Payments
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136, enacted March 27, 2020) includes direct payments to individuals in 2020—referred to by the Internal Revenue Service (IRS) as “economic impact payments” ($1,200 per adult/$2,400 per couple filing a joint return; $500 for dependent children). These payments are structured as tax credits automatically advanced to households that meet certain criteria. Receiving a recovery rebate in 2020 will not affect a taxpayer’s 2020 income tax liability or tax refund, and taxpayers will generally not need to repay the rebate....
The Internet of Things: CRS Experts
“Internet of Things” (IoT) refers to networks of objects that communicate with other objects and with computers through the Internet. “Things” may include virtually any object for which remote communication, data collection, or control might be useful, such as meters, vehicles, appliances, medical devices, electric grids, transportation infrastructure, manufacturing equipment, or building systems. Although the full extent and nature of the IoT’s impacts remain uncertain, economic analyses predict that it will contribute trillions of dollars to economic growth over the next decade. Sectors...
Fourth COVID-19 Relief Package (P.L. 116-139): In Brief
On April 23, 2020, Congress passed its fourth measure including supplemental appropriations to respond to the COVID-19 pandemic. The Paycheck Protection Program and Health Care Enhancement Act (the act; P.L. 116-139) includes enhancements for the Small Business Administration’s Paycheck Protection Program (PPP), Economic Injury Disaster Loans (EIDL), and Emergency EIDL grants, and emergency supplemental appropriations for the Department of Health and Human Services (HHS) and Small Business Administration (SBA). The President signed the bill into law on April 24, 2020.
The Congressional...
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law (P.L. 116-136). The CARES Act includes $3.5 billion in supplemental appropriations for the Child Care and Development Block Grant (CCDBG). These funds are to be used to “prevent, prepare for, and respond to coronavirus.”
The CCDBG Act (42 U.S.C. §§9858 et seq.) is the main federal law supporting child care programs for low-income working families. The CCDBG is administered by the U.S. Department of Health and Human Services (HHS). HHS allocates CCDBG funds to states, territories, and...
COVID-19: Financial Relief and Assistance Resources for Consumers
This CRS Insight presents links to websites of selected federal agencies and other organizations potentially relevant to consumers affected by the Coronavirus Disease 2019 (COVID-19) pandemic. These links provide information on mortgage and other consumer payment relief, credit score protection, and consumer-targeted frauds and scams.
For analysis of consumer-related financial concerns about COVID-19, see CRS Insight IN11244, COVID-19: The Financial Industry and Consumers Struggling to Pay Bills, by Cheryl R. Cooper. For a list of all CRS products related to COVID-19, see the CRS COVID-19...
Interaction of International Tax Provisions with Business Provisions in the CARES Act
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) included two general tax benefits for business: net operating losses (NOLs) and interest deductions, which reduce taxable income and tax liability. These provisions may interact with existing international tax provisions enacted in the 2017 tax revision, popularly known as the Tax Cuts and Jobs Act, or TCJA (P.L. 115-97). The TCJA also decreased tax rates, including reducing the corporate rate from 35% to 21%.
International Provisions in the TCJA
In transitioning from the prior international tax regime that...
Mail Voting and COVID-19: Developments and Potential Challenges
Most voters reported voting in person in 2018, but the onset of the COVID-19 pandemic has complicated in-person voting for certain subsequent elections in 2020. Health risks associated with close contact have prompted concerns about some of the standard interactions involved in preparing for and conducting in-person voting.
States have taken various steps to address such concerns for some of their 2020 elections, including postponing election dates, offering curbside voting, and relocating polling places. One common response has been to expand mail voting, in which voters receive ballots...
Older Children, Adult Dependents, and Eligibility for the 2020 Recovery Rebates
Some policymakers have expressed concern that certain individuals including older children and adult dependents are not eligible for direct payments enacted as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136). The statute refers to these payments as 2020 recovery rebates. The Internal Revenue Service (IRS) refers to these payments issued in 2020 as economic impact payments. Receiving a recovery rebate in 2020 will not affect a taxpayer’s 2020 income tax liability or tax refund, and taxpayers will generally not need to repay the rebate.
There are...
Federal Prisoners and COVID-19: Background and Authorities to Grant Release
There is concern that coronavirus disease 2019 (COVID-19) could quickly spread among federal prisoners and prison staff because of the nature of the prison environment. Prisons are places where hundreds of prisoners and staff are living and working in close proximity to each other and where they are forced to have regular contact. Prisons are generally not conducive to social distancing. Also, prison infirmaries typically do not have the resources available to most hospitals, such as isolation beds, that would help prevent the spread of the disease. There are also concerns that if prison...
The coronavirus (COVID-19) has caused a sudden decline in economic output and surge in unemployment, and it has significantly altered the fiscal outlook for state and local governments. State and local governments use taxes and receipts, debt issuances, and intergovernmental transfers to support spending programs. And, unlike the federal government, states and local governments are generally required to balance their operating budgets every one or two years. Even before the pandemic, a 2019 Government Accountability Office report on state and local governments’ fiscal outlook suggested...
Crude Oil Futures Prices Turn Negative
What Happened?
On April 20, 2020, the futures contract price for the immediate month (May) of West Texas Intermediate (WTI), the U.S. benchmark crude, went negative (see Figure 1). The May futures contract price fell $55.90 during the day, to close at negative $37.62 per barrel. The futures price is a contract, usually monthly, for delivery of a certain amount of crude oil, on a specified date in the future, and at a particular location (Cushing, OK for WTI). WTI crude oil futures contracts are traded on the New York Mercantile Exchange (NYMEX). According to data from the U.S. Energy...
Reauthorization of Federal Highway Programs
Federal highway construction and safety programs are currently authorized through September 30, 2020, under the five-year Fixing America’s Surface Transportation Act (FAST Act; P.L. 114-94). For the 1,027,849-mile system of federal-aid highways, the FAST Act provided an average of $45 billion annually. Although there are exceptions, federally funded projects are generally limited to this system that includes roughly 25% of all U.S. public road mileage. Of these funds, nearly 93% are distributed to the states via formula. The states have nearly complete control over the use of these funds,...
Stafford Act Declarations for COVID-19 FAQ
On March 13, 2020, President Donald J. Trump declared an emergency under Section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; 42 U.S.C. §§5121 et seq.) in response to coronavirus disease 2019 (COVID-19). The declaration authorized assistance to all U.S. states, territories, tribes, and the District of Columbia. Specifically, the Stafford Act emergency declaration authorized one form of Federal Emergency Management Agency (FEMA) assistance: Public Assistance emergency protective measures (as authorized under Stafford Act Section 502)....
Status of Latin America’s Anti-corruption Fight amid Health and Political Challenges
Background
After sweeping across the region, anti-corruption activism in Latin America appears to have stalled. Populist leaders in Brazil and Mexico campaigned on fighting public corruption during their 2018 elections. However, after more than a year in office, both presidents have demonstrated little progress on significant corruption prosecutions or substantial governmental reform. Elsewhere, in 2019 and early 2020, governments in Central America shut down notable anti-corruption institutions that were approved by wide majorities of their citizens and long supported by U.S. policy and...
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) includes numerous provisions to assist employers and employees during the COVID-19 economic downturn. This Insight compares (1) the Small Business Administration’s (SBA’s) Paycheck Protection Program (PPP); (2) the Employee Retention Tax Credit (ERTC); and (3) Unemployment Insurance (UI). Firms that receive a PPP loan cannot also claim the ERTC. Additionally, when employees are retained due to a firm’s receiving a PPP loan or claiming an ERTC, employees are generally ineligible for UI during the period of...
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) includes numerous provisions to assist employers and employees during the COVID-19 economic downturn. This Insight compares (1) SBA’s Paycheck Protection Program; (2) the employee retention tax credit; and (3) Unemployment Insurance. A companion Insight, CRS Insight IN11329, CARES Act Assistance for Employers and Employees—The Paycheck Protection Program, Employee Retention Tax Credit, and Unemployment Insurance Benefits: Assessment of Alternatives (Part 2), coordinated by Molly F. Sherlock, highlights factors...
The CARES Act and Required Minimum Distributions (RMDs): Options for Certain Individuals
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) includes a provision that suspends Required Minimum Distributions (RMDs) from certain retirement accounts for 2020. Some individuals may have already taken this distribution prior to the enactment of the CARES Act; this Insight discusses an option that might be available to them.
Required Minimum Distributions
RMDs are annual withdrawals that individuals with certain retirement accounts may be required to make under specified conditions, such as after (1) reaching a certain age or (2) inheriting a retirement...
Air Force KC-46A Pegasus Tanker Aircraft Program
On February 24, 2011, the Department of Defense (DOD) announced the Boeing Company as the winner of a competition to build 179 new KC-46A aerial refueling tankers for the Air Force, a contract valued at roughly $35 billion. Prior to the announcement, the program had been known as KC-X. The first four KC-46s were delivered in January 2019.
The KC-46A acquisition program is a subject of congressional interest because of the dollar value of the contract, the number of jobs it would create, the importance of tanker aircraft to U.S. military operations, and because previous attempts to acquire...
The President makes appointments to certain positions within the federal government, either using authorities granted to the President alone or with the advice and consent of the Senate. There are some 151 full-time leadership positions on 34 federal regulatory and other collegial boards and commissions for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate for full-time positions on these 34 boards and commissions during the 115th Congress.
Information for each board and commission is presented in profiles and tables. The profiles...
Bank Exposure to COVID-19 Risks: Business Loans
The COVID-19 (coronavirus) pandemic has caused financial hardship across the country. If COVID-19 causes borrowers to miss loan payments, it could have negative consequences for banks. This Insight examines the exposure banks have to business loan repayments, such as commercial and industrial (C&I) loans and commercial real estate (CRE) loans. For exposure to household debt, such as mortgages and consumer loans, see CRS Insight IN11336, Bank Exposure to COVID-19 Risks: Mortgages and Consumer Loans, by David W. Perkins and Raj Gnanarajah.
The main business of a bank is to make loans and buy...
Federal Jury Trials and COVID-19
This Insight provides information and analysis related to federal jury trials and how such trials have been impacted by Coronavirus disease 2019, or COVID-19. Given the rapidly changing situation surrounding COVID-19, the information provided in this Insight may be superseded by new information that differs from what is described in the text below. If there are any questions regarding whether such changes have occurred, congressional staff may contact the author of this Insight.
Background
The Jury Selection and Service Act of 1968 specifies the qualifications a person must meet in order...
Bank and Credit Union Regulators’ Response to COVID-19
Once it became clear that the coronavirus (COVID-19) outbreak would have serious financial ramifications, the federal agencies that regulate banks and credit unions—the Federal Reserve, the Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), and Consumer Financial Protection Bureau (CFPB) (collectively referred to as the bank regulators), and the National Credit Union Administration (NCUA)—responded using existing authorities in two broad ways:
taking measures to encourage banks to work with customers affected by COVID-19; and
making...
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136), which was signed into law by President Trump on March 27, 2020, includes direct payments to individuals—referred to in the law as “2020 recovery rebates.” The Internal Revenue Service (IRS) refers to the payments issued in 2020 as economic impact payments, whereas some media reports call them “stimulus payments.” This Insight provides a brief overview of these direct payments.
The 2020 recovery rebates equal $1,200 per eligible individual ($2,400 for married taxpayers filing a joint tax return) and $500 per...
Defense Primer: A Guide for New Members
CRS has developed a series of short primers to give Members of Congress an overview of key aspects of the Department of Defense and how Congress exercises authority over it. A consolidated list of these primers is contained in this report, along with links to each document
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Department of Health and Human Services: FY2021 Budget Request
This report provides information about the FY2021 budget request for the U.S. Department of Health and Human Services (HHS). Historically, HHS has been one of the larger federal departments in terms of budgetary resources. Estimates by the Office of Management and Budget (OMB) indicate that HHS has accounted for at least 20% of all federal outlays in each year since FY1995. Most recently, HHS is estimated to have accounted for 27% of all federal outlays in FY2019. (FY2019 funding levels are generally considered final, whereas some FY2020 funding levels remain estimates.)
The FY2021...
Low Oil Prices: Prospects for Global Oil Market Balance
Reduced travel, slowing economic activity, and petroleum-product demand suppression related to the COVID-19 outbreak, combined with announced plans to increase crude oil supplies, created expectations of an imbalanced and significantly oversupplied near-term petroleum market. Oversupply expectations have contributed to oil prices declining nearly 60% since January. Some regional oil prices have been less than $10 per barrel. While low oil prices are generally positive for consumers, current price levels are causing financial stress for the U.S. oil sector and several policy options could...
The Federal Judiciary and the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or “the Act”) to address the nationwide impact of Coronavirus disease 2019 (COVID-19). The portions of the CARES Act directed at the federal courts seek to support the federal judiciary in two key ways. First, the Act expands courts’ ability to conduct criminal proceedings by video or audio conference. Second, the Act provides funding for the federal judiciary to respond to the pandemic.
Video and Audio Conferencing
Federal Rule of Criminal Procedure 53 (“Rule 53”) constrains federal...
COVID-19 and Short-Run Federal Deficits
The COVID-19 outbreak and ensuing economic shock may have major effects on future federal budget deficits (the amounts by which annual outlays exceed annual revenues). The latest federal budget baselines from the Congressional Budget Office (CBO) and Office of Management and Budget (OMB) use economic forecasts produced before the COVID-19 outbreak; baselines with updated forecasts would typically not be expected for several months, though agencies could decide to provide updates sooner. This Insight briefly discusses the effects that recent economic and legislative developments may have on...
FCC Draft Rule Seeks to Limit Space Debris
On April 2, the Federal Communications Commission (FCC) published notice of a proposed rule intended to reduce the risk that active satellites will be damaged by space debris. The proposed rule, which is scheduled for an FCC vote on April 23, has been sharply criticized by some aerospace and telecommunications groups, and leaders of a House committee have asked that it be delayed.
The FCC licenses U.S. commercial communications satellites and the radio frequencies needed to control them. In 2004, it issued an order directing satellite operators applying for FCC licenses to submit plans...
Health Care Provisions in the Families First Coronavirus Response Act, P.L. 116-127
The global pandemic of Coronavirus Disease 2019 (COVID-19) is affecting communities around the world and throughout the United States, with case counts growing daily. Containment and mitigation efforts by federal, state, and local governments have been undertaken to “flatten the curve”—that is, to slow widespread transmission that could overwhelm the nation’s health care system.
The Families First Coronavirus Response Act (FFCRA, P.L. 116-127) was enacted on March 18, 2020. It is the second of three comprehensive laws enacted in March specifically to support the response to the pandemic....
Securities and Exchange Commission (SEC) Actions to Mitigate the Impact of COVID-19
The U.S. Securities and Exchange Commission (SEC) has broad regulatory authority over significant parts of the securities industry, including stock exchanges, mutual funds, investment advisers, bonds, publicly traded companies, and brokerage firms. The coronavirus (COVID-19) pandemic has affected various areas within the SEC’s regulatory ambit. This Insight highlights selected tools that the agency has used to help mitigate those impacts.
Disclosure Relief
A foundational goal of federal securities laws is protecting investors, an objective significantly addressed through required periodic...
SBA’s Paycheck Protection Program (PPP) Loans and Self-Employed Individuals
To provide short-term, economic relief to certain small businesses and nonprofits, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) created the Small Business Administration’s (SBA’s) Paycheck Protection Program (PPP).
On April 14, 2020, SBA issued an Interim Final Rule (IFR) detailing how the PPP will be applied in the case of self-employed individuals (e.g., sole proprietors and partnerships, with and without employees, and independent contractors). The IFR supplements SBA’s previously issued PPP rules and guidance that have been coordinated with the...
U.S. Military Electronic Warfare Program Funding: Background and Issues for Congress
Congress, in the FY2019 National Defense Authorization Act, and the Department of Defense (DOD) has identified electronic warfare (EW) as a critical capability supporting military operations to fulfil the current National Defense Strategy. Collectively, DOD considers procurement appropriations and research, development, test and evaluation (RDT&E) appropriations as part of its investment accounts. Using programs identified by the EW Executive Commission (EW EXCOM), this report traces funding for three of the military services (Air Force, Army, and Navy) along with several defense agencies...
COVID-19: Selected Capital Markets Segments Supported by Federal Government Liquidity Interventions
The spread of Coronavirus Disease 2019 (COVID-19) induced heavy capital markets selloffs in March 2020. In response, the Federal Reserve (Fed)—sometimes with support from the Treasury Department—has established several emergency lending facilities to provide liquidity to key capital markets segments. As of the publication of this Insight, some markets that have announced Fed liquidity support appear to have begun to stabilize. This Insight discusses the changing capital markets conditions (Figure 1) using as examples, corporate bonds, money market mutual funds (MMFs), and municipal bonds....
Overview
The National Cemetery Administration (NCA), part of the Department of Veterans Affairs (VA), is responsible for providing interment benefits to eligible veterans and dependents and for administering America’s national veterans’ cemeteries. Veteran benefits for interment in a national cemetery include the gravesite and grave liner, opening and closing of the grave, government headstone or marker, U.S. burial flag, Presidential Memorial Certificate, and the perpetual care of the gravesite. These benefits are provided at no cost to the family.
NCA operates 142 national cemeteries...
In response to the COVID-19 pandemic, the Administration invoked the Defense Production Act of 1950 (DPA) on multiple occasions to facilitate the manufacture and distribution of medical equipment and supplies. The full extent of DPA implementation is unclear—to date, there have been six public announcements describing official DPA implementation actions.
This Insight describes recent DPA actions and reported implementation with regard to the COVID-19 pandemic, and discusses policy considerations for Congress. It is intended as a companion to CRS Insights IN11280 and IN11231. See CRS Report...
House Select Committee on the Modernization of Congress: Structure and Procedures
On January 4, 2019, the House established the Select Committee on the Modernization of Congress by adopting Title II of H.Res. 6, the House rules package for the 116th Congress (2019-2020), on a 418-12 vote. The purpose of the select committee as stated in its authorizing resolution is “to investigate, study, make findings, hold public hearings, and develop recommendations on modernizing Congress.”
Twelve Members, six from each party, have been selected by their leadership to serve on the select committee during its year-long investigation. The committee’s authorizing resolution requires...
Mortgage Provisions in the Coronavirus Aid, Relief, and Economic Security (CARES) Act
The COVID-19 pandemic has had wide-ranging impacts. With many households experiencing income disruptions, some may have difficulty making their mortgage or rent payments on their homes. An inability of tenants to pay rent can, in turn, impact the ability of landlords to remain current on any mortgage on the rental property.
On March 27, 2020, the President signed the CARES Act (P.L. 116-136) into law. Among many other provisions, it includes some intended to provide temporary relief for certain affected mortgage borrowers:
Section 4022 provides for forbearance and a foreclosure moratorium...
COVID-19’s Effect on Interior Immigration Enforcement and Detention
In response to the Coronavirus Disease 2019 (COVID-19) pandemic, immigration authorities have altered interior immigration enforcement activities including arrests, detention, and immigration court proceedings. The Department of Homeland Security (DHS) claims these efforts “have facilitated a speedy, whole-of-government response in confronting COVID-19, keeping Americans safe, and helping detect and slow the spread of the virus.” This Insight considers how the COVID-19 pandemic has impacted interior immigration enforcement.
Background
DHS’s Immigration and Customs Enforcement (ICE), and...
Bank Exposure to COVID-19 Risks: Mortgages and Consumer Loans
The COVID-19 (coronavirus) pandemic has caused financial hardship across the country. If COVID-19 causes borrowers to miss payments, it could have negative consequences for banks. This Insight examines the exposure banks have to household repayments, such as mortgages, credit cards, auto loans, and other consumer debt.
The main business of a bank is to make loans and buy securities using funding it raises by taking deposits. A bank earns money largely through borrowers making payment on those loans and securities issuers making payment on securities, along with charging fees for certain...
U.S. Environmental Protection Agency Funding in the CARES Act (P.L. 116-136)
Enacted March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) provides supplemental appropriations for the Department of the Interior, Environment and Related Agencies, which includes the U.S. Environmental Protection Agency (EPA). Title VII in Division B provides a total of $7.23 million within four of EPA’s 10 appropriations accounts to “prevent, prepare for, and respond to coronavirus, domestically or internationally.” The appropriation supplements EPA’s total FY2020 enacted appropriations of $9.36 billion included in the Further Consolidated...
Special Inspector General for Pandemic Recovery: Responsibilities, Authority, and Appointment
The Coronavirus Aid, Recovery, and Economic Security (CARES) Act was enacted on March 27, 2020 (P.L. 116-136). The CARES Act provides over $2 trillion in relief to individuals; businesses; state, local, and tribal government; federal agencies; and industry sectors impacted by the COVID-19 pandemic.
In addition to these relief programs, Congress included a variety of provisions to facilitate transparency and oversight in the implementation of the CARES Act. Among these actions was the creation of a Special Inspector General for Pandemic Recovery (SIGPR). The SIGPR is similar in purpose and...
Federal Reserve: Monetary Policy Actions in Response to COVID-19
The Federal Reserve (Fed) has taken a number of steps to promote economic and financial stability in response to the coronavirus pandemic (COVID-19). This Insight covers actions related to monetary policy—actions intended to lower interest rates or increase overall liquidity. Due to the severity of economic disruption, actions that increase overall liquidity have not been sufficient to maintain financial stability, and the Fed has also directly lent to firms and purchased private securities. Direct Fed lending and other financial assistance in response to COVID-19 is covered in CRS Insight...
COVID-19: Commercial Paper Market Strains and Federal Government Support
What Is Commercial Paper and Why Is It Important?
As COVID-19 spread rapidly in the United States, fears of its economic effects led to strains in the commercial paper (CP) market, one of the main funding sources for many firms and for providers of credit to individuals. Commercial paper is short-term debt issued primarily by corporations and generally is unsecured. The CP market is an important source of short-term credit for a range of financial and nonfinancial businesses, who may rely on it as an alternative to bank loans—for example, in making payroll or for other short-term funding...
Overview
The spread in Iran of COVID-19 (the disease caused by the virus SARS-CoV-2) has raised questions about the possible effects of U.S. policy on the capacity of Iran to cope with the outbreak. Since May 2018, when the Trump Administration withdrew the United States from the 2015 multilateral Iran nuclear agreement (Joint Comprehensive Plan of Action, JCPOA), the Administration has reimposed all U.S. sanctions that were in place prior to that agreement and added further sanctions. The U.S. sanctions target virtually every economic sector in Iran, but at least technically exempt...
Domestic Violence in the Context of COVID-19
Domestic violence (DV), also referred to as intimate partner violence, affects approximately one-third of women and men over their lifetimes in the United States. Empirical research and anecdotal information from organizations that serve DV victims indicate that disasters and emergencies can heighten the frequency and severity of abuse. This Insight provides background about DV in the context of COVID-19 and the current federal response to supporting victims, primarily through the Family Violence Prevention and Services Act (FVPSA), Violence Against Women Act (VAWA), and Victims of Crime...
Effects of COVID-19 on the Federal Research and Development Enterprise
The federal research and development (R&D) enterprise is a large and complex system that includes government facilities and employees as well as federally funded work in industry, academia, and the nonprofit sector. The nation’s response to the Coronavirus Disease 2019 (COVID-19) pandemic is affecting the federal R&D enterprise, and the federal government and others are trying to address those effects. A number of congressional and other policy issues may arise as the situation develops.
Implementation of social distancing guidelines had led many laboratories and R&D projects to close....
Federal Communications Commission: Progress Protecting Consumers from Illegal Robocalls
The number of robocalls continues to grow in the United States, and the figures tend to fluctuate based on the introduction of new government and industry attempts to stop them and robocallers’ changing tactics to thwart those attempts (see Figure). In 2019, U.S. consumers received 58.5 billion robocalls, an increase of 22% from the 47.8 billion received in 2018, according to the YouMail Robocall Index. In 2016, the full first year the Robocall Index was tabulated, that figure was 29.1 billion calls—half the number of calls in 2019. Further, the Federal Communications Commission (FCC)...
Pandemic Weakening Milk Prices; Industry Calls for Policy Action
Milk price prospects for U.S. dairy producers in 2020 have weakened as the U.S. economy deteriorates under the expanding Coronavirus 2019 (COVID-19) pandemic. The year began with a positive outlook for the dairy industry that included higher milk prices and increased income for dairy producers in 2020, according to the U.S. Department of Agriculture (USDA). The dairy industry has gone through several years of relatively low milk prices, leading some dairy farms to exit the industry and two large dairy processors to file for bankruptcy. In 2019, according to USDA, the number of licensed...
Federal Telework During the COVID-19 Pandemic: Cybersecurity Issues in Brief
The novel coronavirus outbreak and subsequent pandemic has led government and industry to take significant actions in order to protect their workers and the population. One of those actions is encouraging the use of social distancing to stymie infections (e.g., being six feet apart from another person). One way individuals are accomplishing that order is through working outside the office. [To Suppress] Search Terms: Telework Remote work Cybersecurity Federal Information Security Modernization Act FISMA Virtual Private Network VPN SPAM Phishing Malware Cybersecurity and Infrastructure...
U.S. Travel and Tourism and COVID-19
With the spread of the Coronavirus Disease 2019 (COVID-19) pandemic, many flights have been canceled, widespread travel bans have been put in place, and more quarantine and stay-at-home orders are in effect. This has sharply reduced domestic and international travel, prompting businesses across the U.S. travel sectors to ask the U.S. government for financial assistance. For Congress, this raises questions about the likely economic effects of COVID-19 on travel and tourism and the level of support warranted for some industry segments that may quickly recover once the pandemic subsides and...
Department of State, Foreign Operations, and Related Programs: FY2020 Budget and Appropriations
Each year, Congress considers 12 distinct appropriations measures, including one for the Department of State, Foreign Operations, and Related Programs (SFOPS), which includes funding for U.S. diplomatic activities, cultural exchanges, development and security assistance, and U.S. participation in multilateral organizations, among other international activities. On March 11, 2019, the Trump Administration submitted to Congress its SFOPS budget proposal for FY2020, which totaled $42.72 billion in discretionary funds ($42.88 billion when $158.9 million in mandatory retirement funds are...
Cryptocurrency: The Economics of Money and Selected Policy Issues
Cryptocurrencies are digital money in electronic payment systems that generally do not require government backing or the involvement of an intermediary, such as a bank. Instead, users of the system validate payments using certain protocols. Since the 2008 invention of the first cryptocurrency, Bitcoin, cryptocurrencies have proliferated. In recent years, they experienced a rapid increase and subsequent decrease in value. One estimate found that, as of March 2020, there were more than 5,100 different cryptocurrencies worth about $231 billion. Given this rapid growth and volatility,...
COVID-19: The Drug Enforcement Administration’s Regulatory Role
The Coronavirus Disease 2019 (COVID-19) pandemic has caused strain on many health care and medical facilities around the country, and some doctors and pharmacists have altered conventional practice to accommodate the needs of patients during this public health emergency. Changed practices include maintaining increased supplies of Schedule II controlled substances needed for intubation at hospitals and increasing the use of telemedicine as an alternative to in-person patient visits with a provider. Such changes require the Drug Enforcement Administration (DEA) to make exceptions to...
Funding for HUD in the CARES Act
Division B of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) provided $12.4 billion in additional FY2020 funding for several Department of Housing and Urban Development (HUD) programs and activities. The funds are generally for one of three broad purposes: to provide additional resources to meet emerging needs, to support existing rental assistance programs, or to provide additional administrative capacity and oversight. Three-quarters of the funding can be considered new resources to meet emerging needs, with most of the remaining funding supporting...
COVID-19: Support for Mortgage Lenders and Servicers
The coronavirus (COVID-19) pandemic has affected the economy in numerous ways. Many states have issued some variation of a lockdown, restricting when citizens can leave their home and limiting business operations to critical services, such as groceries or pharmacies. Many businesses have closed operations, while others have reduced their workforce considerably. As a result, jobless claims have increased since the outbreak, leaving many consumers struggling to meet their financial obligations. One of the most significant financial obligations consumers are struggling to meet is their...
Bureau of Reclamation Rural Water Projects
Congress has authorized projects and programs through various federal agencies to address water supply needs. Since 1980, Congress has authorized the Bureau of Reclamation (Reclamation), among other agencies, to develop municipal and industrial (M&I) water supply projects in rural areas and on tribal lands. Congress has authorized these projects, known as rural water supply projects, for several locations throughout the West.
From 1980 through 2009, Congress authorized Reclamation to undertake the design and construction, and sometimes the operations and maintenance (O&M), of specific...
The COVID-19 pandemic has disrupted business operations nationwide, leading to dramatic job losses that threaten the ability of many to meet their financial obligations, including housing rental payments. To aid individuals and businesses harmed by the pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136).
Section 4024 of the CARES Act provides a temporary moratorium on eviction filings as well as other protections for tenants in certain rental properties with federal assistance or federally related financing. These protections are designed...
Prize competitions are a tool for incentivizing the achievement of scientific and technological innovation by offering monetary and nonmonetary benefits (e.g., recognition) to competition participants. Prize competitions have a long history of use in both the public and private sectors, but have gained popularity in recent years. Experts view federal prize competitions as an alternative policy instrument for spurring innovation, not a substitute for more traditional methods of federal support for research and innovation such as competitive research grants and procurement contracts.
The use...
GSA’s Federal Supply Schedule: Programs for State and Local Governments
Under certain circumstances, state and local governments may use the Federal Supply Schedule (FSS), established and maintained by the General Services Administration (GSA), to purchase goods or services. One such circumstance is the declaration of a public health emergency by the Secretary of Health and Human Services, which occurred on January 31, 2020, regarding COVID-19. The four supply-schedule-related purchasing programs available to state and local governments are the Cooperative Purchasing Program, the Disaster Purchasing Program, the Public Health Emergencies Program, and the 1122...
Business Deductions for Entertainment and Meals
Congress has passed several laws in response to the COVID-19 pandemic, including, most recently, the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136), which—among its many purposes—provides tax relief to individuals and businesses. Several of the CARES Act’s business tax relief provisions were accomplished by temporarily rolling back restrictions on net operating losses and interest deductions that were enacted as part of P.L. 115-97 (sometimes referred to as the Tax Cuts and Jobs Act or TCJA). As Congress continues to assess the need for further responses, it may...
Are Start-ups Eligible for the SBA’s New Paycheck Protection Program (PPP) Loans?
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136), among other provisions, created the Paycheck Protection Program (PPP). Under the PPP, a lender may provide “covered loans” to assist small businesses (defined as either businesses that have 500 or fewer employees or that meet the general size standards under the Small Business Act), small 501(c)(3) nonprofit organizations, and small 501(c)(19) veterans organizations that have been adversely affected by COVID-19. These covered loans—also known as PPP loans—have
a 100% Small Business Administration (SBA) loan...
Access to high-speed internet, known as broadband, is becoming increasingly essential to daily life as more applications and activities move online. This has become particularly apparent during the coronavirus (COVID-19) pandemic, as employers in some sectors transitioned their workers from on-site work to telework and schools migrated their students from classrooms to distance learning. These shifts may seem clear-cut, but many areas of the United States—particularly rural areas—have either limited or no access to broadband infrastructure. Additionally there are citizens in areas with...
Federal Conspiracy Law: A Brief Overview
Zacarias Moussaoui, members of the Colombian drug cartels, members of organized crime, and some of the former Enron executives have at least one thing in common: they all have federal conspiracy convictions. The essence of conspiracy is an agreement of two or more persons to engage in some form of prohibited conduct. The crime is complete upon agreement, although some statutes require prosecutors to show that at least one of the conspirators has taken some concrete step or committed some overt act in furtherance of the scheme. There are dozens of federal conspiracy statutes. One, 18 U.S.C....
Federal Conspiracy Law: An Abbreviated Overview
Zacarias Moussaoui, members of the Colombian drug cartels, members of organized crime, and some of the former Enron executives have at least one thing in common: they all have federal conspiracy convictions. The essence of conspiracy is an agreement of two or more persons to engage in some form of prohibited conduct. The crime is complete upon agreement, although some statutes require prosecutors to show that at least one of the conspirators has taken some concrete step or committed some overt act in furtherance of the scheme. There are dozens of federal conspiracy statutes. One, 18 U.S.C....
U.S. Gasoline Prices: No Driving, No Benefits to Consumers
Prices Plummet
The collapse of crude oil prices is having consequences throughout the U.S. and global economies. For consumers, the effects of the price decline are felt nowhere more than in the price of gasoline. Gasoline is made from crude oil through the refining process, and the current decline in crude oil prices are a significant factor to the decrease in gasoline prices (Figure 1). There are four main components to retail gasoline prices according to the U.S. Energy Information Administration (EIA): 51% comes from crude oil prices, 20% from taxes, 18% from marketing and distribution...
COVID-19 and Stock Market Stress
Induced by the Coronavirus Disease 2019 (COVID-19) pandemic, the longest U.S. stock market bull run of 11 years ended in mid-March, the quickest drawdown on record (Figure 1). The market subsequently rebounded, responding to the $2 trillion coronavirus relief package (P.L. 116-136). The swing of stock prices has created unprecedented volatility, a risk metric that measures the degree of price dispersion. This Insight explains the function of the U.S. stock market, the different ways to view stock pricing, and how certain pandemic-induced conditions could affect policymaking. The Securities...
Multiemployer Defined Benefit (DB) Pension Plans: A Primer
Multiemployer defined benefit (DB) pension plans are private-sector pensions sponsored by more than one employer and maintained as part of a collective bargaining agreement. In 2017, about 3% of all DB pension plans, covering 29% of all DB pension plan participants, were multiemployer plans. Nearly all of the remaining DB pension plans were maintained by a single employer. A few DB pension plans were maintained by more than one employer but were not maintained under a collective bargaining agreement. In DB pension plans, participants receive a monthly benefit in retirement that is based on...
Direct Federal Support of Individuals Pursuing Training and Education in Non-degree Programs
Recent Administrations and Congress have demonstrated bipartisan support for increasing federal assistance to individuals pursuing training and education in postsecondary non-degree programs, sometimes referred to as short-term programs. Non-degree programs are postsecondary training and education programs that are most often shorter in duration than a bachelor’s or associate’s degree program. They generally provide work-based learning or educational instruction to individuals who are beyond the typical age for secondary education to prepare them for a particular occupation. Examples of...
The National Consortium of Telehealth Resource Centers: COVID-19 Assistance
On January 31, 2020, the Secretary of the Department of Health and Human Services (HHS) declared Coronavirus Disease 2019 (COVID-19) a Public Health Emergency (PHE). During this public health emergency, the Secretary of HHS has taken action to encourage the use of telehealth. Telehealth generally refers to a health care provider’s use of information and communication technology in the delivery of clinical and nonclinical health care services. The use of telehealth during public health emergencies can assist health care professionals with, for example, reserving in-person care for patients...
Bureau of Reclamation: History, Authorities, and Issues for Congress
The Bureau of Reclamation (Reclamation), an agency within the Department of the Interior (DOI), is responsible for the management and development of many of the large federal dams and water diversion structures in the 17 conterminous states west of the Mississippi River. Reclamation is the country’s largest wholesaler of water and the country’s second-largest producer of hydropower (behind the U.S. Army Corps of Engineers). Reclamation facilities store up to 140 million acre-feet of water, which serves more than 10 million acres of farmland and 31 million municipal and industrial...
COVID-19: The Basics of Domestic Defense Response
As the COVID-19 pandemic has unfolded, Congress has considered how the Department of Defense (DOD) might support the U.S. government’s domestic response. Below are the funding, authorities, and descriptions of potential ways DOD might further contribute. Links in this product connect to more detailed information on the highlighted subjects.
President Donald J. Trump declared a U.S. national emergency on March 13, 2020. On Friday, March 20, the Federal Emergency Management Agency assumed the lead agency role in the Coronavirus Task Force under the National Response Framework (NRF) for...
The Economic Development Administration and the CARES Act (P.L. 116-136)
States and communities will be able to apply for funding from the U.S. Department of Commerce Economic Development Administration (EDA) to plan and implement economic recovery strategies in response to the coronavirus pandemic. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) includes $1.5 billion for EDA to administer grants through its established Economic Adjustment Assistance (EAA) program. For years the EAA has been used to address ongoing economic restructuring needs. In FY2018 and FY2019, Congress used the EAA to fund economic recovery and resiliency...
COVID-19: Defense Support of Civil Authorities
The U.S. military has a long history of providing support to civil authorities, particularly in response to disasters or emergencies (examples include responding to yellow fever epidemics in 1873 and 1878). The Department of Defense (DOD) defines defense support of civil authorities as “Support provided by U.S. Federal military forces, DOD civilians, DOD contract personnel, DOD Component assets, and National Guard forces (when the Secretary of Defense, in coordination with the Governors of the affected States, elects and requests to use those forces in Title 32, U.S.C., status) in response...
The CARES Act (P.L. 116-136) Section 4008: FDIC Bank Debt Guarantee Authority
Section 4008 of the Coronavirus Aid, Relief, and Economic Security Act (CARES; P.L. 116-136) authorizes the Federal Deposit Insurance Corporation (FDIC) to guarantee certain deposits that are not eligible for regular FDIC deposit insurance due to the existing $250,000 per account insurance limit. This broadens FDIC authority from Section 1105 of P.L. 111-203 (Dodd-Frank Act) to establish a program that would guarantee bank debt in the event of a financial liquidity crisis. Section 4008 also preemptively grants the requisite congressional approval for any such program needed to respond to...
U.S. Indictment of Top Venezuelan Officials
On March 26, 2020, Attorney General William Barr announced the indictment of Venezuela’s leader, Nicolás Maduro (whom the United States does not recognize as Venezuela’s legitimate president), and other current and former high-ranking Venezuelan officials. As charged, Maduro allegedly participated in the Cartel of the Suns drug trafficking organization in conspiracy with the Colombian terrorist organization, the Revolutionary Armed Forces of Colombia (FARC), to produce and traffic illicit drugs to the United States.
Maduro’s indictment marks an escalation in U.S. efforts since January...
Title IV Provisions of the CARES Act (P.L. 116-136)
Economic conditions have deteriorated rapidly in the past few weeks, as the Coronavirus Disease 2019 (COVID-19) pandemic has caused many businesses and public institutions to limit or close their operations, increasing financial hardship for many Americans due to layoffs or time off of work due to illness. COVID-19’s effect on the airline industry has been one of many areas of interest for Congress.
On March 27, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law as P.L. 116-136. The act contains a number of provisions aimed broadly at stabilizing the economy...
Low Oil Prices and U.S. Oil Producers: Policy Considerations
Global oil prices have declined nearly 60% since January 2020 (see Figure 1). Following a brief period of geopolitically-driven upward price pressure resulting from events in Iraq and Libya, world oil supply/demand balances were projected to be oversupplied by the second quarter of 2020. Reduced travel and other economic impacts related to the evolving COVID-19 outbreak are suppressing near-term oil demand. Oversupply expectations were amplified when the Organization of the Petroleum Exporting Countries (OPEC) and a group of non-OPEC countries (OPEC+), including Russia, failed to agree on...
Senior Nutrition Programs’ Response to COVID-19
Many older adults rely on federally funded programs that provide nutrition and other supportive services in order to live independently in their communities. Amidst the ongoing Coronavirus Disease 2019 (COVID-19) pandemic, older adults as well as those with certain chronic conditions are at higher risk for severe illness if infected with the virus. Guidance from the Centers for Disease Control and Prevention (CDC) recommends that older adults stay home, among other precautions. Some state and local officials have issued more stringent guidance that older adults self-isolate at home or...
Support for Homeless Youth in the Context of COVID-19: A Brief Overview
The federal government provides targeted support for homeless teens and young adults primarily through the Runaway and Homeless Youth (RHY) program, administered by the U.S. Department of Health and Human Services (HHS). As part of the federal response to COVID-19, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act, P.L. 116-136) includes provisions relevant to the RHY program. The CARES Act also includes provisions for the U.S. Department of Housing and Urban Development’s (HUD’s) Youth Homelessness Demonstration Grant and for Department of Education (ED) supports for...
Coronavirus Aid, Relief, and Economic Security (CARES) Act: CRS Experts
The following two tables provide points of contact for CRS’s congressional clients with specific questions regarding the particular authorities and appropriations in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136). This report is intended as a companion to other CRS products on the COVID-19 response efforts, many of which can be found on the CRS Coronavirus Disease 2019 resource page.
Separate tables are provided for each division of the CARES Act: Division A, which includes significant expansions in small business lending, unemployment insurance, tax...
“Technical Corrections” to Tax Reform
For some in Congress, “technical corrections” to the 2017 tax revision (commonly known as the “Tax Cuts and Jobs Act,” or TCJA; P.L. 115-97) have been a legislative priority. It is not always clear, however, what is strictly a “technical correction.” This Insight highlights provisions that have been widely discussed as “technical corrections” to the 2017 tax revision, starting with provisions in former Ways and Means Committee Chairman Kevin Brady’s 2019 “technical corrections” discussion draft. It then highlights other “fixes” to the 2017 tax revision that might be considered, even if...
DHS Budget Request Analysis: FY2021
On February 10, 2020, the Donald J. Trump Administration released their budget request for FY2021, including a $75.84 billion budget request for the Department of Homeland Security (DHS).
DHS is the third largest agency in the federal government in terms of personnel. The appropriations bill that funds it—providing $70 billion in FY2020—is the seventh largest of the twelve annual funding measures developed by the appropriations committees, and is the only appropriations bill that funds a single agency in its entirety and nothing else.
This report provides an overview of the FY2021 budget...
U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) programs are often part of emergency response efforts, providing program flexibilities, foods for distribution, and benefits for redemption. Emergencies generate different FNS responses, which can vary with states’ requests. During the COVID-19 pandemic, access to food—particularly in light of school closures—has been a concern for many. Some also view the Supplemental Nutrition Assistance Program (SNAP) as a force for economic stimulus. This Insight discusses related provisions of the second and third COVID-19...
COVID-19: The Financial Industry and Consumers Struggling to Pay Bills
A growing number of cases of Coronavirus Disease 2019 (COVID-19) have been identified in the United States, significantly impacting many communities. For background on the coronavirus, see CRS In Focus IF11421, COVID-19: Global Implications and Responses, by Sara M. Tharakan et al. While this situation is evolving rapidly, the economic impact may be large due to illnesses, quarantines, and other business disruptions.
Consequently, many Americans may lose income and face financial hardship due to the coronavirus outbreak. This Insight focuses on regulatory and policy responses relating to...
Federal Reserve: Recent Actions in Response to COVID-19
Coronavirus (COVID-19) has created significant economic disruption. In response, the Federal Reserve (Fed) has taken a number of steps to promote economic and financial stability involving the Fed’s monetary policy and “lender of last resort” roles. Some of these actions are intended to stimulate economic activity by reducing interest rates and others are intended to provide liquidity to financial markets so that firms have access to needed funding.
Actions to Lower Interest Rates
Federal Funds Rate
Traditionally, the Fed conducts monetary policy by changing the federal funds rate, the...
Public Transportation and Amtrak Funding in the CARES Act (P.L. 116-136)
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act (P.L. 116-136) was signed into law. Included in the act is a $25 billion appropriation from the general fund of the U.S. Treasury for public transportation agencies and another $1 billion for Amtrak. This emergency funding would support agencies in the midst of an unprecedented decline in ridership due to the COVID-19 pandemic. For example, the Washington Area Metropolitan Transit Authority has reported that in late March 2020 its rail ridership is down about 90% on a daily basis compared with equivalent...
COVID-19 and the Defense Industrial Base: DOD Response and Legislative Considerations
The Department of Defense (DOD) relies on a defense industrial base (DIB) for the products and services that enable DOD’s warfighting capabilities. The DIB includes private-sector commercial companies ranging in size from small businesses to some of the world’s largest enterprises—all of which have been impacted by the economic pressures associated with the Coronavirus Disease 2019 (COVID-19) pandemic. For additional related resources, see the CRS COVID-19 homepage.
Critical Infrastructure and the DIB
The DIB is considered essential to U.S. national security, and to be part of U.S....
Federal Reserve: Emergency Lending
The 2007-2009 financial crisis led the Federal Reserve (Fed) to revive an obscure provision found in Section 13(3) of the Federal Reserve Act (12 U.S.C. 344) to extend credit to nonbank financial firms for the first time since the 1930s. Section 13(3) provides the Fed with greater flexibility than its normal lending authority. Using this authority, the Fed created six broadly based facilities (of which only five were used) to provide liquidity to “primary dealers” (certain large investment firms) and to revive demand for commercial paper and asset-backed securities. More controversially,...
Fostering Behavior Change During Disease Outbreaks: Insights from Ebola Response in Africa
The COVID-19 pandemic has prompted governments worldwide to seek to change behaviors on a mass scale to stem new infections. (Click here for CRS resources on COVID-19.) The challenges and successes of analogous efforts during the two largest Ebola outbreaks to date—in West Africa (2014-2016), and in eastern Democratic Republic of Congo (DRC), starting in 2018 and now seemingly waning—may offer lessons for current efforts to contain COVID-19, even though the two viruses differ in significant ways.
Dubbed by some a “disease of social intimacy,” Ebola is transmitted through direct contact...
Freedom of Information Act (FOIA) Processing Changes Due to COVID-19: In Brief
As federal agencies adjust their operations in light of the COVID-19 pandemic, activities related to the processing and release of government information are also changing. Agencies such as the Federal Bureau of Investigation within the Department of Justice, the U.S. Postal Service, and the Centers for Disease Control and Prevention within the Department of Health and Human Services, among others, have announced changes to their processing of Freedom of Information Act (FOIA) requests due to the pandemic.
Government information requests through FOIA may be impacted by COVID-19 in two...
COVID-19: State and Local Shut-Down Orders and Exemptions for Critical Infrastructure
Since the onset of the Coronavirus Disease 2019 (COVID-19) pandemic in the United States, public officials have issued numerous emergency directives closing non-essential businesses and facilities and instructing non-essential workers to stay home. However, these directives have generally included exemptions for essential businesses and other facilities if they are part of a critical infrastructure sector or provide essential services.
Some business leaders have invoked federal authorities and guidelines when contesting state or local orders that would affect their operations....
H.R. 748 (CARES Act), as passed by the Senate on March 25, 2020, includes many provisions designed to provide emergency relief to the economy in response to the effects of the COVID-19 pandemic. One such provision of H.R. 748 is the “2020 recovery rebate,” a direct payment made to individuals. Similar “recovery rebates” were sent to individuals in response to the 2001 and 2008 recessions. Several Members of Congress have recently proposed varying forms of direct payment, and two earlier versions of the CARES Act (S. 3548 and a draft circulated on March 22, 2020) also included a direct...
COVID-19 and Regulation of Public Drinking Water
During infectious disease outbreaks, questions regarding public water supplies may emerge, as a safe and adequate water supply is a key component to protecting public health. As the United States and other countries respond to the outbreak of coronavirus disease 2019 (COVID-19), questions may arise regarding the potential for the COVID-19 virus to be present in public water supplies.
The Centers of Disease Control and Prevention (CDC) reports that the COVID-19 virus has not been detected in drinking water. The U.S. Environmental Protection Agency (EPA) has announced that “Americans can...
Voting and Quorum Procedures in the Senate
The Constitution states that “a Majority of each [House] shall constitute a quorum to do business.” The Senate presumes that it is complying with this requirement and that a quorum is always present unless and until the absence of a quorum is suggested or demonstrated. This presumption allows the Senate to conduct its business on the floor with fewer than 51 Senators present until a Senator “suggests the absence of a quorum.”
Except when the Senate has invoked cloture, the presiding officer may not count to determine if a quorum is present. When the absence of a quorum is suggested,...
Agriculture and Related Agencies: FY2020 Appropriations
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the U.S. Forest Service. It also funds the Food and Drug Administration (FDA) and—in even-numbered fiscal years—the Commodity Futures Trading Commission (CFTC).
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development. The largest discretionary spending items are the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); agricultural research; rural development; FDA;...
The Employment-Based Immigration Backlog
Currently in the United States, almost 1 million lawfully present foreign workers and their family members have been approved for, and are waiting to receive, lawful permanent resident (LPR) status (a green card). This employment-based backlog is projected to double by FY2030. It exists because the number of foreign workers whom U.S. employers sponsor for green cards each year exceeds the annual statutory green card allocation. In addition to this numerical limit, a statutory 7% per-country ceiling prevents the monopolization of employment-based green cards by a few countries.
For...
Demographic and Social Characteristics of Persons in Poverty: 2018
This report provides a snapshot of the characteristics of the poor in the United States in 2018. It shows that people from families whose income falls below the federal poverty thresholds represent a diverse subset of the overall population.
There were 38.1 million people living below the federal poverty level in 2018, representing 11.8% of the total population.
Nearly half (45.3%) of all people in poverty lived in deep poverty (with income below 50% of the poverty threshold).
The largest share of people in poverty were non-Hispanic white (41.2%) but the majority were not. Almost all...
Data Flows, Online Privacy, and Trade Policy
“Cross-border data flows” refers to the movement or transfer of information between computer servers across national borders. Such data flows enable people to transmit information for online communication, track global supply chains, share research, provide cross-border services, and support technological innovation.
Ensuring open cross-border data flows has been an objective of Congress in recent trade agreements and in broader U.S. international trade policy. The free flow of personal data, however, has raised security and privacy concerns. U.S. trade policy has traditionally sought to...
Cloud Computing: Background, Status of Adoption by Federal Agencies, and Congressional Action
Cloud computing is a new name for an old concept: the delivery of computing services from a remote location, analogous to the way electricity, water, and other utilities are provided to most customers. Cloud computing services are delivered through a network, usually the internet. Utilities are also delivered through networks, whether the electric grid, water delivery systems, or other distribution infrastructure. In some ways, cloud computing is reminiscent of computing before the advent of the personal computer, where users shared the power of a central mainframe computer through video...
In the early months of 2020, the federal government began to express concern over the global outbreak of Coronavirus Disease 2019 (COVID-19). COVID-19 is a viral respiratory illness caused by a novel coronavirus. By late January, the Secretary of the U.S. Department of Health and Human Services (HHS) had invoked certain authorities to direct existing funds to respond to the COVID-19 outbreak. The HHS Secretary declared COVID-19 to be a Public Health Emergency, effective January 27, 2020.
On February 24, 2020, the Trump Administration submitted an initial emergency supplemental...
Resolving Subpoena Disputes Between the Branches: Potential Impacts of Restricting the Judicial Role
COVID-19 and Corporate Debt Market Stress
U.S. companies are carrying record levels of debt to finance their operations and growth (Figure 1). Corporate debt largely consists of bonds and, to a lesser extent, leveraged loans, bank loans, and other liabilities. The Securities and Exchange Commission (SEC) is the primary regulator overseeing the debt capital markets. In recent years, financial authorities have become increasingly vocal about the buildup of the higher-risk portions of the corporate debt market. This Insight explains the market’s composition and risks in the context of the current coronavirus (COVID-19)-induced...
Comparison of the FY2020 and FY2021 Precision-Guided Munitions Procurement Requests
Precision-guided munitions (PGMs) have become an important capability for the Department of Defense (DOD). Recent operations, including counter-insurgency and counterterrorism missions, have demonstrated a high demand for all types of PGMs, which DOD defines as a “guided weapon intended to destroy a point target and minimize collateral damage.” Some analysts argue a high-intensity conflict would require large stockpiles of such weapons, in addition to the demand from operations in the Middle East. Then-Secretary of Defense James Mattis stated that PGMs are required to help rebuild...
COVID-19: Industrial Mobilization and Defense Production Act (DPA) Implementation
On March 18, President Trump issued Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID–19, which announced the President’s invocation of the Defense Production Act of 1950 (DPA) in response to the COVID-19 pandemic. The administration has yet to publicly provide direction to the private sector under this authority.
This Insight considers possible future DPA implementation processes, industrial mobilization, and congressional considerations concerning the COVID-19 pandemic, and is a companion to CRS Insight IN11231. See CRS...
Congressional Oversight Provisions in P.L. 116-127, the Families First Coronavirus Response Act
President Donald Trump signed P.L. 116-127 (H.R. 6201), the Families First Coronavirus Response Act, on March 18, 2020. The act provides supplemental appropriations for nutrition assistance programs and public health services and authorizes the Internal Revenue Service to implement tax credits for paid emergency sick leave and expanded family medical leave that the act requires certain employers to provide. In addition, the law adjusts the unemployment insurance program to waive temporarily certain eligibility requirements and provide more federal financial support to the states.
P.L....
On March 22, 2020, the Senate released an updated version of the Coronavirus Aid, Relief, and Economic Security (CARES) Act containing a provision for suspending the penalty for failure to make the required minimum distribution (RMD) from retirement accounts for 2020. A similar provision was included in a proposal in the House released on March 23, the Take Responsibility for Workers and Families Act.
What Are Required Minimum Distributions?
Under current law, required minimum distributions must be withdrawn from individual retirement plans to avoid a 50% penalty on the required minimum...
FY2020 Defense Reprogrammings for Wall Funding: Backgrounder
On February 13, 2020, the Department of Defense (DOD) transferred $3.8 billion from defense procurement programs to the Army Operation and Maintenance account for use by the U.S. Army Corps of Engineers (USACE) for the construction of 31 additional barrier projects along the southern border of the United States. Table 1. Summary of FY2020 DOD Reprogramming Action to Support the Border Wall ($ in thousands) Base or OCO / Appropriation Amount Percentage
Base $2,202,000 57.48%
Aircraft Procurement, Air Force
$532,000
24.16%
Aircraft Procurement, Navy
$558,000
...
Department of Veterans Affairs: Caregiver Support
The conflicts in Iraq and Afghanistan have presented a new challenge for the United States as servicemembers returned from combat with serious injuries that may have been fatal in previous conflicts. These servicemembers require ongoing personal care services, which are often provided by family members and loved ones. In recognition of this significant challenge, Congress enacted the Caregivers and Veterans Omnibus Health Services Act of 2010 (P.L. 111-163), which required the Department of Veterans Affairs (VA) to establish specific supports for caregivers of veterans.
The Veterans...
The Take Responsibility for Workers and Families Act (H.R. 6379), introduced in the House on Monday, March 23, 2020, proposes direct payments to individuals and families—referred to as “2020 economic assistance payments to individuals.” This Insight provides a brief overview of these proposed payments.
Generally, for individuals and families that filed an income tax return, the economic assistance payment would be an advanced refundable tax credit that they would automatically receive in 2020 as a direct deposit or check by mail. Most recipients of Social Security or Supplemental Security...
The Take Responsibility for Workers and Families Act: Division T—Revenue Provisions
A number of recently introduced legislative proposals seek to alleviate the adverse economic effects of the COVID-19 outbreak. One such proposal, the Take Responsibility for Workers and Families Act (H.R. 6379), was introduced in the House on March 23, 2020. The proposal includes a number of provisions that would make changes to the tax system, including modifications that would
provide a one-time payment to households;
temporarily expand the earned income tax credit, child tax credit, and dependent care tax credit;
provide employer payroll tax credits for certain hospital expenses and...
Responding to the COVID-19 Outbreak with Community Development Block Grant (CDBG) Authorities
In response to the economic impact of the COVID-19 pandemic, some in Congress have suggested using the Community Development Block Grant (CDBG) program as a vehicle for providing financial relief to states and communities. Congress has regularly instituted a special variant of CDBG for long-term disaster recovery, known as CDBG-Disaster Recovery (CDBG-DR). This Insight considers the potential role of CDBG and CDBG-DR as economic development countermeasures to the coronavirus outbreak. For more information on the health and epidemiological aspects of COVID-19, see CRS products R46219 and...
Legislative text of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, circulated on Sunday, March 22, 2020, proposes direct payments to individuals and families—“2020 recovery rebates.” This Insight provides a brief overview of the proposed 2020 recovery rebates included in the text circulated on March 22, which differ from those included in the legislation introduced on March 19.
The proposed 2020 recovery rebates equal $1,200 per person ($2,400 for married taxpayers filing a joint tax return) and $500 per child. These amounts would phase down for higher-income taxpayers....
Emergency Funding for Public Transportation Agencies Due to COVID-19
Public Transportation Agency Budgets
The COVID-19 pandemic has reportedly resulted in a swift and large loss of public transportation ridership and fare revenue. Examples in the early days of the crisis include an 88% loss of ridership for New Jersey Transit, a 60% loss of subway ridership for New York’s Metropolitan Transportation Authority, a 60% loss for Denver’s Regional Transportation District, and a 90% loss for Bay Area Rapid Transit in San Francisco. Many transit agencies, including the Washington Metropolitan Area Transit Authority, have responded by cutting service, encouraging...
COVID-19 and Funding for Civil Aviation
The COVID-19 pandemic has created headwinds for the airline industry. Out of health concerns, customers were canceling international air travel to China and other affected countries in Asia as early as January 2020. Since then, travel restrictions imposed by governments around the world as well as suspension of nonessential travel by businesses and organizations have led to a sharp drop in air travel. These developments could also have significant implications for civil aviation programs.
The International Air Transport Association, an airline industry group, projected on March 17 that the...
COVID-19 Economic Stimulus: Business Payroll Tax Cuts
The economic fallout from coronavirus disease (COVID-19) has accelerated rapidly. Policymakers continue to evaluate tax policy economic relief options. Payroll tax cuts for businesses are one option that would provide economic assistance to business activities.
Business Payroll Taxes
Payroll taxes are collected to finance certain entitlement programs, including Social Security, parts of Medicare, and Unemployment Compensation (UC). Social Security’s old age, survivors, and disability insurance (OASDI) payroll tax is paid by both employers and employees, and it finances the Social Security...
COVID-19 and Passenger Airline Travel
The COVID-19 global pandemic presents particular risks and challenges to commercial passenger airline travel. Taking a passenger flight involves numerous interpersonal interactions, transiting through often crowded airport terminals, and sitting in close proximity to others for extended periods, both onboard aircraft and at airport gates. These activities may increase the probability of exposure to infectious disease.
Curtailing infectious disease spread through airline travel is challenging, in part because the passenger airline system in the United States is highly concentrated around 30...
Federal Research and Development (R&D) Funding: FY2020
President Trump’s budget request for FY2020 included approximately $134.1 billion for research and development (R&D). Several FY2019 appropriations bills had not been enacted at the time the President’s FY2020 budget was prepared; therefore, the President’s budget included the FY2018 actual funding levels, 2019 annualized continuing resolution (CR) levels, and the FY2020 request levels. On February 15, 2019, Congress enacted the Consolidated Appropriations Act, 2019 (P.L. 116-6). This act included each of the remaining appropriations acts, completing the FY2019 appropriations process. The...
Targeted Tax Relief for Industries Impacted by the Coronavirus: Selected Policy Issues
One of the policy options being considered to minimize the damage to the U.S. economy from the domestic spread of the coronavirus is tax relief targeted at industries that have experienced substantial drops in revenue. To date, growing numbers of cruise lines, airlines, hotels, restaurants, retailers, and energy producers seem to have been hit the hardest by the economic impact of the virus. Depending on what happens to the spread of the coronavirus within the United States in coming weeks, other industries could be similarly affected. The prospect of a prolonged domestic coronavirus...
H.R. 6201: Paid Leave and Unemployment Insurance Responses to COVID-19
This Insight provides summary information on the paid leave and unemployment insurance (UI) provisions in the House-passed version of H.R. 6201, the Families First Coronavirus Response Act, including the technical corrections made by H.Res. 904. For a general discussion of current workplace leave policies and UI programs and benefits, including considerations related to COVID-19, see CRS Insight IN11233, Workplace Leave and Unemployment Insurance for Individuals Affected by COVID-19. For additional legislation introduced related to UI and COVID-19, see CRS Report R45478, Unemployment...
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (S. 3548) proposes direct payments of up to $1,200 per person ($2,400 for married taxpayers filing a joint tax return) and $500 per child—“2020 recovery rebates.” Similar to the 2008 recovery rebates, these payments are structured as tax credits advanced to households that file an income tax return. Taxpayers that filed a 2018 income tax return would have this credit advanced to them in 2020, generally in the form of a direct deposit or check by mail. Thus, these taxpayers do not need to wait until 2020 tax returns are filed in...
Several Members of Congress and the Trump Administration have proposed direct cash payments as part of a fiscal response to the economic impacts of the COVID-19 pandemic. Direct cash payments have previously been part of the federal government’s response to economic downturns, most recently in 2001 and 2008. In general, the purpose of direct payments is twofold: (1) they allow families to spend more, and through a multiplier effect help to stimulate the economy; and (2) they provide resources to help meet basic needs for those whose income has decreased due to COVID-19 infection or...
Department of Veterans Affairs’ Potential Role in Addressing the COVID-19 Outbreak
The Department of Veterans Affairs (VA) provides a range of benefits to eligible veterans and their dependents. The department carries out its programs nationwide through three administrations and the Board of Veterans’ Appeals (BVA). The Veterans Health Administration (VHA) is responsible for health care services and medical and prosthetic research programs. The Veterans Benefits Administration (VBA) is responsible for, among other things, providing disability compensation, pensions, and education assistance. The National Cemetery Administration (NCA) is responsible for maintaining...
Military Child Development Program: Background and Issues
The Department of Defense (DOD) operates the largest employer-sponsored child care program in the United States, serving approximately 200,000 children of uniformed servicemembers and DOD civilians, and employing over 23,000 child care workers, at an annual cost of over $1 billion. DOD’s child development program (CDP) includes accredited, installation-based, government-run, full-time pre-school and school-aged care in its Child Development Centers (CDCs), and subsidized care in Family Care Centers (FCCs). DOD also subsidizes care in private child care centers outside of military...
Presidential Declarations of Emergency for COVID-19: NEA and Stafford Act
This Insight provides an overview of the presidential declarations of emergency made under the National Emergencies Act (NEA; 50 U.S.C. §§1601 et seq.) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; 42 U.S.C. §§5121 et seq.) in response to the novel coronavirus 2019 (COVID-19). Table 1 describes select differences between these types of declarations and their authorities. This Insight does not discuss other actions mentioned by the President, or federal agencies (other than the Department of Health and Human Services (HHS)) that have been, or may be,...
Policy Topics and Background Related to Mining on Federal Lands
The 116th Congress is considering multiple proposed changes to U.S. mineral policy. Currently certain types of mineral production on federal lands provide the federal government and some states and industries with sources of revenue, while other production does not generate similar revenue. Proposed changes to federal mineral policy could impact these revenue streams, industries, and states in a variety of ways.
The processes and requirements to mine on federal lands vary by mineral category, surface/subsurface management agencies, and estate ownership. Three main statutes create the three...
COVID-19 and Direct Payments to Individuals: Historical Precedents
Members of Congress and the Trump Administration have signaled their support for making direct payments to individuals to address the economic fallout from the COVID-19 outbreak. In current discussions, these payments are sometimes framed in terms of “universal basic income” or UBI proposals. In the past when these proposals were made—and sometimes enacted—they were framed in terms of providing economic stimulus.
Historical Precedents
There are historical precedents for such payments; most of these were done through the federal income tax code. The Internal Revenue Service (IRS) sent...
COVID-19 and Direct Payments to Individuals: How Did the 2008 Recovery Rebates Work?
In response to concerns about an economic slowdown stemming from the COVID-19 pandemic, policymakers have been considering a broad array of policy options. Some are targeted directly toward individuals and industries that may be most affected. Others would more broadly seek to stimulate the economy. Among this latter category of policies, some have proposed direct cash payments sent to virtually all U.S. households.
In 2008 Congress enacted direct cash payments—the 2008 recovery rebates—that were tax credits advanced to households that had filed an income tax return. A portion of these...
COVID-19: Cybercrime Opportunities and Law Enforcement Response
Opportunistic criminals and other malicious actors exploit the internet and rapidly evolving technology to their advantage. Criminals can compromise financial assets; hacktivists can flood websites with traffic, effectively shutting them down; and spies can steal intellectual property and government secrets. And, they capitalize on ever changing world events. Federal officials have cautioned about scams relating to the outbreak of disease caused by a previously unidentified strain of coronavirus, designated Coronavirus Disease 2019, or COVID-19. They have noted that “[c]yber actors may...
Federal Assistance to Troubled Industries: Selected Examples
Serious disruptions for certain industries caused by the COVID-19 (coronavirus) pandemic have led to calls for federal government assistance to affected industries. Direct federal financial assistance to the private sector on a large scale is unusual, except for geographically narrow assistance following natural disasters. Nonetheless, assistance to business sectors affected by COVID-19 would not be the first occasion on which the federal government has aided troubled or financially distressed industries. Historically, aid—sometimes popularly referred to as “government bailouts”—has taken...
In response to the COVID-19 outbreak, on March 13, 2020, the Department of Transportation (DOT) issued a national emergency declaration to exempt from the Hours of Service (HOS) rule through April 12, 2020, commercial drivers providing direct assistance in support of relief efforts related to the virus. This includes transport of certain supplies and equipment, as well as personnel. Drivers are still required to have at least 10 consecutive hours off duty (eight hours if transporting passengers) before returning to duty.
It has been estimated that up to 20% of bus and large truck crashes...
This CRS Insight provides information related to initial responses to Coronavirus disease 2019, or COVID-19, by the Administrative Office of U.S. Courts and select courts within the federal judiciary. Consequently, this Insight is not intended to provide a comprehensive overview of the policies and practices adopted by each federal court or judicial entity. Additionally, given the rapidly changing situation surrounding COVID-19, the information provided in this Insight may be superseded by new information from that which is described in the text below. If there are any questions regarding...
The Palestinians and Amendments to the Anti-Terrorism Act: U.S. Aid and Personal Jurisdiction
Two recent amendments to the Anti-Terrorism Act (ATA, 18 U.S.C. §§ 2331 et seq.) have significant implications for U.S. aid to the Palestinians and U.S. courts’ ability to exercise jurisdiction over Palestinian entities. They are the Anti-Terrorism Clarification Act of 2018 (ATCA, P.L. 115-253) and the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA, § 903 of the Further Consolidated Appropriations Act, 2020, P.L. 116-94).
Congress passed ATCA after a U.S. federal lawsuit (known in various incarnations as Waldman v. PLO and Sokolow v. PLO) against the...
The Defense Production Act (DPA) and COVID-19: Key Authorities and Policy Considerations
As the coronavirus (COVID-19) pandemic evolves, the United States faces drug and medical supply scarcities due to disrupted supply chains and increased demand. In response, the President may exercise emergency authorities under the Defense Production Act of 1950 (DPA; 50 U.S.C. §§4501 et seq.) to address supply shortages and economic development impacts. During a press conference on March 18, 2020, the President indicated that he would invoke the DPA to address domestic essential goods and materials shortages caused by the pandemic. This Insight considers the various DPA authorities that...
COVID-19 and Stimulus Payments to Individuals: How the 2009 Economic Recovery Payment Worked
In response to concerns about an economic slowdown due to the Coronavirus Disease 2019 (COVID-19) outbreak, some lawmakers have expressed interest in providing direct cash payments to Americans. One option to provide such payments would be to establish a new advanced refundable tax credit, as was done in 2008 with “recovery rebates.” Although this option would disburse payments to the vast majority of Americans relatively quickly, it would not directly help those who do not file a federal income tax return. A 2017 study found that “nonfilers” were more likely to be seniors or recipients of...
SBA Economic Injury Disaster Loans for COVID-19
The current COVID-19 pandemic may have significant economic implications for businesses and nonprofit organizations, including negative impacts on imports, global supply chains, and tourism. Furthermore, if COVID-19 becomes increasingly widespread or prolonged it may slow global growth, and some businesses may be forced to furlough or lay off workers. One potential form of assistance to small businesses is Small Business Administration (SBA) economic injury disaster loans (EIDLs).
EIDL Overview
EIDLs provide eligible small businesses and nonprofit organizations up to $2 million to help...
What If the Philippines Ends the Visiting Forces Agreement?
On February 10, 2020, the Government of the Philippines submitted to the U.S. Embassy in Manila a “notice of termination” of the Philippines-U.S. Visiting Forces Agreement (VFA). The VFA governs the legal status of U.S. military forces operating in the Philippines and establishes rules by which U.S. troops, vessels and aircraft may enter the country. The notification started a 180-day review period; the agreement itself will expire at the end of that time. The VFA has been in effect since 1999, eight years after the Philippines rejected a treaty that would have extended the U.S. lease of...
In response to concerns about an economic slowdown stemming from the COVID-19 pandemic, policymakers have been considering a broad array of policy options. Some are targeted directly toward the individuals and industries that may be most affected. Others would more broadly seek to stimulate the economy. Among this latter category of policies, some have suggested a payroll tax cut, while others have proposed direct cash payments—“recovery rebates”—to virtually all households. One mechanism to provide cash payments relatively quickly is to create a new refundable tax credit and then advance...
The Families First Coronavirus Response Act (H.R. 6201) includes an employer tax credit for the paid sick and family leave required as part of this legislation. This tax credit is intended to cover the cost to businesses of providing paid leave to address the coronavirus disease (COVID-19) pandemic. This Insight provides an overview of the tax credits, including the corrections included in H.Res. 904, as passed by the House on March 16, 2020.
Tax Credits for Paid Leave
The employer payroll tax credit is for wages paid to fulfill the new leave requirements. The Emergency Paid Sick Leave...
Workplace Leave and Unemployment Insurance for Individuals Affected by COVID-19
This Insight provides a brief overview of the current availability of job-connected assistance to individuals, which may be relevant to the outbreak of coronavirus disease 2019 (COVID-19). Specifically, this product discusses workplace leave, paid and unpaid, that may be available to workers affected by the virus, as well as unemployment insurance (UI) benefits. It also discusses policy options to amend or expand existing UI programs to be more responsive to the effects of COVID-19.
Workplace Leave
Workers affected by COVID-19 may seek to use paid or unpaid workplace leave for their own...
COVID-19 and the Cruise Ship Industry
The cruise ship industry has been heavily impacted by coronavirus disease 2019 (COVID-19). Major cruise lines have canceled trips from U.S. ports over the next month. In recent weeks, several cruise ships have been quarantined offshore and U.S government health officials have advised against cruise ship travel for the time being. These events have raised questions about government oversight over the cruise industry, the potential economic harm the coronavirus could have on the industry, and whether the industry is largely America- or foreign-based.
Employment in the Cruise Ship...
Power Generation and Electric Reliability in the U.S. Virgin Islands
Two and a half years after Hurricanes Irma and Maria damaged 80% to 90% of the power transmission and distribution systems across the U.S. Virgin Islands (USVI), financial and infrastructure issues continue to challenge the U.S. Virgin Islands Water and Power Authority (WAPA). A combination of infrastructure needs and cash flow challenges has impacted electricity rates. As of February 1, 2020, electricity rates were approximately $0.40 per kilowatt-hour (kWh) for residential customers (for the first 250 kWh) and approximately $0.47/kWh for commercial customers. In 2017, prior to the...
COVID-19: Potential Role of Net Operating Loss (NOL) Carrybacks in Addressing the Economic Effects
A number of industries may suffer losses in 2020 as a result of the coronavirus disease 2019 (COVID-19) outbreak. The travel and tourism industry, and restaurant industry, appear particularly susceptible at the moment due to an uptick in canceled reservations and a reduction in bookings. Other industries are likely to be impacted as well by a drop-off in consumer spending and a resulting reduction in profits, with the impacts likely increasing if COVID-19 continues to spread.
Before 2018, businesses with losses could “carry back” net operating losses (NOL) and use them to receive a refund...
The Stafford Act Emergency Declaration for COVID-19
This Insight provides an overview of emergency declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (hereinafter the Stafford Act, P.L. 93-288, as amended; 42 U.S.C. §§5121 et seq.). It describes the forms of assistance authorized pursuant to President Donald J. Trump’s March 13, 2020 emergency declaration under the Stafford Act in all U.S. states and territories in response to the coronavirus disease 2019 (COVID-19) pandemic.
Stafford Act Emergency Declaration for COVID-19
The President’s emergency declaration, pursuant to Stafford Act Section 501(b),...
Coronavirus Disease 2019 (COVID-19) Poses Challenges for the U.S. Blood Supply
The current Coronavirus Disease 2019 (COVID-19) outbreak may pose significant challenges for the United States’ blood supply. Mitigation strategies to prevent the spread of COVID-19, such as closures of schools and workplaces, have led to blood drive cancellations, resulting in a critical blood supply shortage in the Pacific Northwest (specifically, western Washington and Oregon). School closures, event cancellations, and other mitigation strategies in other areas of the country may provide challenges for maintaining a sufficient blood supply. The management and distribution of the U.S....
Business Tax Provisions Expiring in 2020, 2021, and 2022 (“Tax Extenders”)
Thirteen temporary business tax provisions are scheduled to expire at the end of 2020. Four other temporary business tax provisions are scheduled to expire in 2021 or 2022. In the past, Congress has regularly acted to extend expired or expiring temporary tax provisions. Collectively, these temporary tax provisions are often referred to as “tax extenders.”
This report briefly summarizes and discusses the economic impact of the 17 business-related tax provisions that are scheduled to expire in 2020, 2021, or 2022. The provisions discussed in this report are listed below, grouped by type and...
This report provides an overview of the Fiscal Year (FY) 2020 budget request and appropriations for the International Trade Administration (ITA), the U.S. International Trade Commission (USITC), and the Office of the United States Trade Representative (USTR). These three trade-related agencies are funded through the annual Commerce, Justice, Science, and Related Agencies (CJS) appropriations. This report also provides a review of these trade agencies' programs.
The Administration's FY2020 Budget Request
The President submitted his budget request to Congress on March 11, 2019. For FY2020,...
Sunshine Week: Selected Issues for Congress
Coinciding with former President James Madison’s birthday, Sunshine Week recognizes the importance of transparency in government operations, and the work of Freedom of Information Act (FOIA; 5 U.S.C. §552) professionals across the federal government. Considered a defender of open government, Madison wrote, “A popular Government without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance; And the people who mean to be their own Governors, must arm themselves with the power, which knowledge...
COVID-19 and Broadband: Potential Implications for the Digital Divide
According to the Federal Communications Commission’s (FCC) 2019 Broadband Deployment Report, approximately 21.3 million Americans lack a broadband connection speed of at least 25 megabits per second (Mbps) download/3 Mbps upload, which is the FCC’s benchmark for high-speed broadband. In the midst of the coronavirus (COVID-19) pandemic, federal, local, and state governments, in addition to large and small businesses, are considering remote working or distance learning options to help abate the spread of the virus. As these decisions are made, some portion of the population will likely have...
The Abandoned Mine Reclamation Fund: Reauthorization Issues in the 116th Congress
Coal mining and production in the United States during the 20th century contributed to the nation meeting its energy requirements and left a legacy of unreclaimed lands. Title IV of the Surface Mining Control and Reclamation Act of 1977 (SMCRA, P.L. 95-87) established the Abandoned Mine Reclamation Fund. The Office of Surface Mining Reclamation and Enforcement (OSMRE) administers grants from the Abandoned Mine Reclamation Fund to eligible states and tribes to reclaim affected lands and waters resulting from coal mining sites abandoned or otherwise left unreclaimed prior to the enactment of...
Telehealth and Telemedicine: Frequently Asked Questions
The use of information and communication technology (ICT) in the health care industry is an emergent issue for Congress. The health care industry is using telehealth and telemedicine in two major ways: (1) to supplement in-person care for underserved populations who experience barriers to in-person care and (2) to supplant in-person care for patients who like the convenience of using technology to access their health care services.
This report provides responses to frequently asked questions about telehealth and telemedicine. This report serves as a quick reference to provide easy access...
President Donald Trump signed H.R. 6074, the Coronavirus Preparedness and Response Supplemental Appropriations Act, on March 6, 2020. It provides a total of $8.3 billion in supplemental funding to support the response of the United States to Coronavirus Disease 2019 (COVID-19).
Prior to the passage of H.R. 6074, Congress had already begun to oversee the federal government’s response to COVID-19 with committee hearings in both the House and the Senate. Other committees are planning additional hearings in the coming weeks, and the Trump Administration has also been providing regular...
Tax Cuts as Fiscal Stimulus: Comparing a Payroll Tax Cut to a One-Time Tax Rebate
The Trump Administration and certain Members of Congress have expressed interest in a temporary payroll tax reduction as a fiscal stimulus response to economic concerns resulting from the coronavirus disease 2019 (COVID-19). Other lawmakers have emphasized that, with respect to tax-relief proposals, “everything’s on the table.” This sentiment reflects potential uncertainty in both the current economic outlook and what tax policy options might be most effective as the coronavirus outbreak evolves. An alternative to a temporary payroll tax reduction that might be considered, and has been...
FY2019 State Grants Under Title I-A of the Elementary and Secondary Education Act (ESEA)
The Elementary and Secondary Education Act (ESEA), most recently comprehensively amended by the Every Student Succeeds Act (ESSA; P.L. 114-95), is the primary source of federal aid to K-12 education. The Title I-A program is the largest grant program authorized under the ESEA and was funded at $15.9 billion for FY2019. It is designed to provide supplementary educational and related services to low-achieving and other students attending elementary and secondary schools with relatively high concentrations of students from low-income families.
Under current law, the U.S. Department of...
COVID-19: Potential Economic Effects
This Insight discusses the potential economic effects of the coronavirus (COVID-19) on the U.S. economy. For background on the coronavirus, see CRS In Focus IF11421, COVID-19: Global Implications and Responses, by Sara M. Tharakan et al.
Channels Through Which the Virus Could Affect the Economy
Although the COVID-19 outbreak presently is most widespread abroad, it will directly affect foreign demand for U.S. exports of goods and services. As discussed in this CRS In Focus, the coronavirus could also disrupt U.S. companies’ international supply chains. If COVID-19 becomes widespread in the...
Advance Appropriations for the Indian Health Service: Issues and Options for Congress
The Indian Health Service (IHS) within the Department of Health and Human Services (HHS) is the lead federal agency charged with improving the health of American Indians and Alaska Natives. In FY2019, IHS provided health care to approximately 2.6 million eligible American Indians/Alaska Natives through a system of programs and facilities located on or near Indian reservations, and through contractors in certain urban areas.
Current IHS Funding: Continuing Resolutions and Shutdowns
IHS is the only major federal provider of health care that is solely funded through regular appropriations on...
Senate Floor Privileges: History and Current Practice
Senate Standing Rule XXIII, Privilege of the Floor, designates those afforded access to the Senate floor while the Senate is in session. In addition to sitting Senators, the rule lists several eligible positions, including certain current and former congressional, executive, and judicial officials; state and territorial governors; the mayor of the District of Columbia; members of foreign national legislatures; the nation’s highest ranking military leaders; and, under specified circumstances, congressional staff members assisting Senators on the floor.
Over its history, the Senate has...
Haiti’s Political and Economic Conditions
Since the fall of the Duvalier dictatorship in 1986, Haiti has struggled to overcome its centuries-long legacy of authoritarianism, disrespect for human rights, underdevelopment, and extreme poverty. Widespread corruption remains an impediment to changing that legacy. Haiti made significant progress in improving governance prior to the 2010 earthquake, but recovery since then has been slow. Democratic institutions remain weak and stability fragile. Poverty remains massive and deep, and economic disparity is wide. Due to its proximity to the United States and its chronically unstable...
Payroll Tax Cuts as an Economic Stimulus Response to Coronavirus Disease (COVID-19)
The current coronavirus disease (COVID-19) outbreak has increased concerns that the U.S. economy could be affected as part of a global economic downturn. A range of fiscal and monetary policy tools have been used to address prior times of economic weakness. One option for fiscal stimulus is a temporary payroll tax cut for employees. This option was used to address economic weakness in 2011 and 2012. On March 2, 2020, President Trump and others expressed interest in a one-year payroll tax cut to help bolster the economy.
What Are Payroll Taxes?
Payroll taxes are collected to finance certain...
Health Resources and Services Administration (HRSA): Maternal Health Programs
The Health Resources and Services Administration (HRSA) of the Department of Health and Human Services (HHS) is one of the federal agencies charged with addressing U.S. maternal health outcomes. HRSA’s Improving Maternal Health in America initiative aims to address U.S. maternal health issues by, among other approaches, improving maternal health data, increasing maternal health research, and prioritizing quality improvement in maternal health care services.
The FY2019 appropriations report language for the Department of Defense and Labor, Health and Human Services, and Education...
International Food Assistance: FY2020 Appropriations
U.S. international food assistance programs provide food, or the means to purchase food, to people around the world at risk of hunger. Congress funds these programs through two appropriations bills: the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act—also known as the Agriculture appropriations bill—and the Department of State, Foreign Operations, and Related Programs (SFOPS) Appropriations Act. The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the Forest Service. The SFOPS appropriations...
Committee Jurisdiction and Referral in the House
When legislation is introduced in the House or received from the Senate, it is referred to one or more committees primarily on the basis of the jurisdictional statements contained in clause 1 of House Rule X. These statements define the policy subjects on which each standing committee may exercise jurisdiction on behalf of the chamber. The statements themselves tend to address broad policy areas rather than specific departments, agencies, or programs of the federal government. Because committee jurisdiction often is expressed in general policy terms, it is possible for more than one...
Health Care for Veterans: Answers to Frequently Asked Questions
The Veterans Health Administration (VHA) of the Department of Veterans Affairs (VA), operates one of the nation’s largest integrated health care delivery systems. The VHA estimates that in FY2020 it would provide care to about 6.33 million unique veteran patients. In the same year, VHA estimates that it would employ a staff of about 347,000 full-time equivalent employees at approximately, 1,456 VA sites of care, with an appropriation of approximately $80.6 billion. VA health care is a discretionary program; therefore, the provision of health care is dependent on available appropriations....
Because the Constitution gives Congress the power over spending of federal tax dollars, nearly every federal agency is influenced by the House and Senate appropriations committees. The congressional budget process is a complex series of legislative activities that includes budget resolutions, reconciliation to set tax levels and mandatory spending, and the annual approval of the 12 appropriations bills. In addition to these annual bills, appropriations committees regularly consider supplemental and emergency spending packages, as well as continuing resolutions (CRs) when final approval of...
Office of Science and Technology Policy (OSTP): History and Overview
Congress established the Office of Science and Technology Policy (OSTP) through the National Science and Technology Policy, Organization, and Priorities Act of 1976 (P.L. 94-282). The act states, “The primary function of the OSTP Director is to provide, within the Executive Office of the President [EOP], advice on the scientific, engineering, and technological aspects of issues that require attention at the highest level of Government.” Further, “The Office shall serve as a source of scientific and technological analysis and judgment for the President with respect to major policies, plans,...
U.S. Farm Income Outlook: February 2020 Forecast
This report uses the U.S. Department of Agriculture’s (USDA) farm income projections (as of February 5, 2020) to describe the U.S. farm economic outlook for 2020. Two major indicators of U.S. farm well-being are net farm income and net cash income. Net farm income represents an accrual of the value of all goods and serviced produced on the farm during the year—similar in concept to gross domestic product. In contrast, net cash income uses a cash flow concept to measure farm well-being: Only cash transactions for the year are included. Thus, crop production is recorded as net farm income...
International Trade: Rules of Origin
Rules of origin (ROO) are laws, regulations, and procedures used to determine the country of origin of an imported product. They are a significant part of international trade policy because ROO are needed to properly assess tariffs, enforce trade remedies (such as antidumping and countervailing duties) or quantitative restrictions (tariff quotas), and statistical purposes. Other commercial trade policies are also linked with country of origin determinations, such as labeling and government procurement regulations. Given Congress’ authority to regulate foreign commerce, it may consider how...
Overview of U.S. Domestic Response to Coronavirus Disease 2019 (COVID-19)
This report discusses selected actions taken by the federal government to quell the introduction and spread of Coronavirus Disease 2019 (COVID-19) in the United States. COVID-19 is causing the third serious outbreak of novel coronavirus in modern times, following severe acute respiratory syndrome (SARS) in 2002 and Middle East Respiratory Syndrome (MERS) in 2012. The global health community is closely monitoring COVID-19 because of the severity of symptoms (including death) among those infected, and the speed of its spread worldwide. At this time, U.S health officials say the general...
Federal Land Management Agencies and Programs: CRS Experts
Congress faces multiple issues regarding the ownership and management of federal lands and related resources. The following table provides access to names and contact information of CRS experts on general policy issues related to federal land management, as well as the CRS experts on the specific agencies charged with management of those lands. These agencies include the Bureau of Land Management, U.S. Fish and Wildlife Service, and National Park Service in the Department of the Interior, and the U.S. Forest Service in the Department of Agriculture. For an overview of these issues, see...
The Renewable Fuel Standard (RFS): Frequently Asked Questions About Small Refinery Exemptions (SREs)
In the Energy Policy Act of 2005 (P.L. 109-58; EPAct05), Congress required the U.S. Environmental Protection Agency (EPA) to implement the Renewable Fuel Standard (RFS)—a mandate that requires U.S. transportation fuel to contain a minimum volume of renewable fuel. Since expansion of the RFS in 2007 under the Energy Independence and Security Act (P.L. 110-140; EISA), Congress has had interest in the RFS for various reasons (e.g., limited cellulosic biofuel production, EPA’s use of programmatic waiver authority, and RFS compliance costs). Over the last several months, Congress has expressed...
COVID-19: Federal Economic Development Tools and Potential Responses
The current coronavirus disease (COVID-19) outbreak has led to tens of thousands of cases and thousands of deaths worldwide. In addition to the disease’s mortality and public health effects, it may have potentially significant economic implications, including productivity losses, supply chain disruptions, labor dislocation, and potential financial pressure on businesses and households. Relatively few federal programs are available to provide timely economic relief to affected businesses. This Insight considers the outbreak’s economic development implications and policy considerations for...
U.S.-EU Trade Agreement Negotiations: Trade in Food and Agricultural Products
The Office of the U.S. Trade Representative (USTR) officially notified the Congress of the Trump Administration’s plans to enter into formal trade negotiations with the European Union (EU) in October 2018. In January 2019, USTR announced its negotiating objectives for a U.S.-EU trade agreement, which included agricultural policies—both market access and non-tariff measures. However, the EU’s negotiating mandate, released in April 2019, stated that the trade talks would exclude agricultural products.
U.S.-EU27 Agricultural Trade, 1990-2019/
Source: CRS from USDA data for “Total...
ESEA: Title I-A Standards, Assessments, Accountability, Report Cards, and Frequently Asked Questions
The Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA; P.L. 114-95), provides federal aid for elementary and secondary education. The largest ESEA program is Title I-A, Improving the Academic Achievement of the Disadvantaged. As a condition of receiving Title I-A funds, states and local educational agencies (LEAs) must meet requirements related to academic standards, assessments, accountability, and reporting.
Academic Standards
Each state must adopt (1) challenging academic content standards in reading/language arts (RLA), mathematics, and...
Major Agricultural Trade Issues in 2020
Sales of U.S. agricultural products to foreign markets absorb about one-fifth of U.S. agricultural production, thus contributing significantly to the health of the farm economy. Farm product exports, which totaled $136 billion in FY2019 (see chart), make up about 8% of total U.S. exports and contribute positively to the U.S. balance of trade. The economic benefits of agricultural exports also extend across rural communities, while overseas farm sales help to buoy a wide array of industries linked to agriculture, including transportation, processing, and farm input suppliers.
U.S....
European Energy Security: Options for EU Natural Gas Diversification
As a major energy consuming region, Europe faces a number of challenges in addressing its future energy needs. For member states of the European Union (EU), challenges include rapidly rising global demand and competition for energy resources from countries such as China and India, tensions with Russia, efforts to integrate the EU’s internal energy market, and a growing need to shift fuels in keeping with the EU’s climate change policy goals. As a result, energy supply security has become a key concern for the EU. European energy security is also of significant interest to the United...
The Committee on Foreign Investment in the United States (CFIUS)
The Committee on Foreign Investment in the United States (CFIUS) is an interagency body comprised of nine Cabinet members, two ex officio members, and other members as appointed by the President, that assists the President in reviewing the national security aspects of foreign direct investment in the U.S. economy. While the group often operated in relative obscurity, the perceived change in the nation’s national security and economic concerns following the September 11, 2001, terrorist attacks and the proposed acquisition of commercial operations at six U.S. ports by Dubai Ports World in...
Federal Freight Policy: In Brief
This report provides an overview of federal planning and funding for freight transportation infrastructure, namely for trucks, railroads, and vessels. The report also discusses the relative performance of these modes in carrying the freight burden and examines the decline in the waterborne share. Congestion is a concern to different degrees for the three modes. freight, cargo, truck, rail, maritime, barge, shipping, port, congestion, infrastructure, RRIF, train, locks, inland waterways, army corps, dredging, harbor, surface transportation board, STB, jones act, cabotage, railroad, highway,...
U.S. Trade Deficit and the Impact of Changing Oil Prices
Exports and imports of petroleum products and changes in their prices have long had a large impact on the U.S. balance of payments, often serving as a major component in the U.S. trade deficit. Over the past decade, however, this has changed. Currently, petroleum prices are having less of an impact on the U.S. balance of payments primarily due to the growth in U.S. exports of petroleum products; in the last four months of 2019, U.S. exports of petroleum products exceeded imports. While this represents a major step in achieving energy independence, the United States remains a major net...
FY2020 LHHS Appropriations: Status
On December 20, 2019, the President signed into law the Further Consolidated Appropriations Act, 2020 (P.L. 116-94). This law contains full-year FY2020 appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) in Division A. The FY2020 LHHS annual appropriations total more than $1 trillion, when accounting for both mandatory and discretionary funding. Previously, FY2020 LHHS funding had been provided on a temporary basis by two continuing resolutions (P.L. 116-59, P.L. 116-69).
Scope of the Bill
The LHHS bill provides the annually...
Foreign Assistance for International Conservation
The United States provides foreign assistance to support myriad global objectives, including the conservation of wildlife and ecosystems. The United States provides foreign assistance in the form of financial, programmatic, and technical support to address international conservation activities. International conservation activities include those relating to species protection, habitat restoration, and forest recovery, among other priorities. Several federal agencies administer these programs, including the U.S. Fish and Wildlife Service (FWS), the U.S. Forest Service, the U.S. Department...
The 2020 Census: Frequently Asked Questions
April 1, 2020, will mark the official date of the 24th U.S. decennial census. Mandated by the Constitution and federal law, the census is considered a cornerstone of the nation’s representative democracy. Nevertheless, an enumeration that is complete and accurate is difficult to achieve. Among other challenges, the census is often misunderstood, mischaracterized, feared, or avoided. This report addresses common questions concerning the 2020 census. The report is intended to provide information about the census, including clarifying various aspects of the census process. Among the topics...
Selected Agency Budget Justifications for FY2021
This report provides a convenient listing of online FY2021 agency budget justification submissions for all 15 executive branch departments and 9 selected independent agencies. In most cases, budget justifications contain more detailed descriptions of the proposals and programs that are provided in the President’s budget submissions. This report is updated each year after the agencies release their budget justifications to accompany the President’s budget submission.
Federal Land Ownership: Overview and Data
The federal government owns roughly 640 million acres, about 28% of the 2.27 billion acres of land in the United States. Four major federal land management agencies administer 606.5 million acres of this land (as of September 30, 2018). They are the Bureau of Land Management (BLM), Fish and Wildlife Service (FWS), and National Park Service (NPS) in the Department of the Interior (DOI) and the Forest Service (FS) in the Department of Agriculture. A fifth agency, the Department of Defense (excluding the U.S. Army Corps of Engineers), administers 8.8 million acres in the United States (as of...
Rural Development Provisions in the 2018 Farm Bill (P.L. 115-334)
The U.S. Department of Agriculture’s (USDA) Rural Development agency (RD) administers programs to support rural infrastructure and economic development. This includes programs focused on rural housing, rural business development, rural water and energy infrastructure, and, more recently, rural broadband deployment. Congress considers reauthorizing these programs in periodic omnibus farm bills. In December 2018, President Trump signed the 2018 farm bill (Agriculture Improvement Act of 2018, P.L. 115-334) into law. This legislation reauthorizes and amends RD programs, establishes new rural...
FY2021 Defense Budget Request: An Overview
The FY2021 President’s budget request includes $753.5 billion in budget authority for national defense. National defense is one of 20 major functions used by the Office of Management and Budget (OMB) to aggregate budget dataand the largest in terms of discretionary spending. The national defense budget function (identified by the numerical notation 050) comprises three subfunctions: Department of Defense (DOD)–Military (051); atomic energy defense activities primarily of the Department of Energy (053); and other defense-related activities (054), such as FBI counterintelligence...
Workers’ Compensation: Overview and Issues
Workers’ compensation provides cash and medical benefits to workers who are injured or become ill in the course of their employment and provides cash benefits to the survivors of workers killed on the job. Benefits are provided without regard to fault and are the exclusive remedy for workplace injuries, illnesses, and deaths. Nearly all workers in the United States are covered by workers’ compensation. With the exception of federal employees and some small groups of private-sector employees covered by federal law, workers compensation is provided by a network of state programs. In general,...
FERC Directs PJM to Expand Minimum Offer Price Rule
On December 18, 2019, the Federal Energy Regulatory Commission (FERC) issued an order directing the PJM regional transmission organization (RTO) to expand its Minimum Offer Price Rule (MOPR) as a move to address subsidies to electric power generation resources by states, with certain exemptions. FERC stated that it acted “to protect the competitive capacity market administered by PJM” by requiring PJM to expand its MOPR to apply to any new or existing power generation resource that receives, or is entitled to receive, a state subsidy, unless a FERC-determined exemption applies. FERC...
Electric Vehicles: A Primer on Technology and Selected Policy Issues
The market for electrified light-duty vehicles (also called passenger vehicles; including passenger cars, pickup trucks, SUVs, and minivans) has grown since the 1990s. During this decade, the first contemporary hybrid-electric vehicle debuted on the global market, followed by the introduction of other types of electric vehicles (EVs). By 2018, electric vehicles made up 4.2% of the 16.9 million new light-duty vehicles sold in the United States that year. Meanwhile, charging infrastructure grew in response to rising electric vehicle ownership, increasing from 3,394 charging stations in 2011...
Accomplices, Aiding and Abetting, and the Like: An Abbreviated Overview of 18 U.S.C. § 2
Virtually every federal criminal statute has a hidden feature; primary offenders and even their most casual accomplices face equal punishment. This is the work of 18 U.S.C. § 2, which visits the same consequences on anyone who orders or intentionally assists in the commission of a federal crime.
Aiding and abetting means assisting in the commission of someone else’s crime. Section 2(a) demands that the defendant embrace the crime of another and consciously do something to contribute to its success. An accomplice must know the offense is afoot if he is to intentionally contribute to its...
Liberia: Background and U.S. Relations
Introduction. Congress has shown enduring interest in Liberia, a small coastal West African country of about 4.8 million people. The United States played a key role in the country’s founding, and bilateral ties generally have remained close despite significant strains during Liberia’s two civil wars (1989-1997 and 1999-2003). Congress has appropriated considerable foreign assistance for Liberia, and has held hearings on the country’s postwar trajectory and development. In recent years, congressional interest partly has centered on the immigration status of over 80,000 Liberian nationals...
Accomplices, Aiding and Abetting, and the Like: An Overview of 18 U.S.C. § 2
Virtually every federal criminal statute has a hidden feature; primary offenders and even their most casual accomplices face equal punishment. This is the work of 18 U.S.C. § 2, which visits the same consequences on anyone who orders or intentionally assists in the commission of a federal crime.
Aiding and abetting means assisting in the commission of someone else’s crime. Section 2(a) demands that the defendant embrace the crime of another and consciously do something to contribute to its success. An accomplice must know the offense is afoot if he is to intentionally contribute to its...
Management of Mild Traumatic Brain Injury (mTBI) in the Military
On January 7, 2020, the Department of Defense (DOD) reported that the Islamic Republic of Iran launched a number of ballistic missiles at certain Iraqi military bases hosting U.S. and coalition military forces. These forces utilize Iraqi military bases to support counter-terrorism operations within the region, including military actions against the Islamic State under Operation Inherent Resolve. DOD initially reported no U.S. or coalition casualties, then later stated that 34 U.S. servicemembers assigned to these locations were subsequently diagnosed with mild traumatic brain injury (mTBI)...
Currency Manipulation and Countervailing Duties
On February 4, 2020, the Commerce Department issued a final rule that paves the way for imposing tariffs on imports from countries determined by the U.S. government to be undervaluing their currency relative to the U.S. dollar. Various Members of Congress have debated such a policy for years, including in 2013 and 2015, but Congress has refrained from legislating it due to a variety of concerns.
Currency Manipulation
For more than a decade, some policymakers and analysts have expressed concerns that U.S. exports and jobs have been harmed by unfair exchange rate policies of other countries...
The United Kingdom (UK) formally withdrew from membership in the European Union (EU) on January 31, 2020. Under the withdrawal agreement negotiated by the two sides, the UK is to continue applying EU rules during a transition period scheduled to run through the end of 2020. During the transition period, the UK and the EU are expected to begin negotiating the terms of their future relationship, including trade and economic relations as well as cooperation on foreign policy, security, and a range of other issues.
Overview of Developments
After the 2016 referendum in which 52% of voters in...
Recent Developments in the Russia-Ukraine Conflict
On January 31, 2020, U.S. Secretary of State Michael Pompeo met with Ukrainian President Volodymyr Zelensky in Kyiv. The meeting occurred during the Senate’s presidential impeachment trial and almost two months after the relaunch of international talks on resolving the conflict in eastern Ukraine. Pompeo expressed the United States’ commitment to Ukraine’s sovereignty and territorial integrity and stated that the United States would continue to provide security assistance to Ukraine.
Pompeo also acknowledged Zelensky’s efforts to invigorate a relatively dormant conflict-resolution process...
Economic and Fiscal Conditions in the U.S. Virgin Islands
Fiscal and economic challenges facing the U.S. Virgin Islands (USVI) government raise several issues for Congress. Congress may choose to maintain oversight of federal policies that could affect the USVI’s long-term fiscal stability. Congress also may consider further legislation that would extend or restructure long-range disaster assistance programs to mitigate those challenges and promote greater resiliency of infrastructure and public programs. Federal responses to the USVI’s fiscal distress could conceivably affect municipal debt markets more broadly. Greater certainty in federal...
Legislative Branch: FY2020 Appropriations
The legislative branch appropriations bill provides funding for the Senate; House of Representatives; Joint Items; Capitol Police; Office of Congressional Workplace Rights (formerly Office of Compliance); Congressional Budget Office (CBO); Architect of the Capitol (AOC); Library of Congress (LOC), including the Congressional Research Service (CRS); Government Publishing Office (GPO); Government Accountability Office (GAO); Open World Leadership Center; and the John C. Stennis Center.
The legislative branch budget request was submitted on March 11, 2019. Following hearings in the House and...
Department of Housing and Urban Development (HUD): FY2021 Budget Request Fact Sheet
Overview of FY2021 President’s Budget request for the Department of Housing and Urban Development (HUD).
Drug Pricing and Pharmaceutical Patenting Practices
Intellectual property (IP) rights in pharmaceuticals are typically justified as necessary to allow manufacturers to recoup their substantial investments in research, development, and regulatory approval. IP law provides exclusive rights in a particular invention or product for a certain time period, potentially enabling the rights holder (e.g., a brand-name drug manufacturer) to charge higher-than-competitive prices. If rights holders are able to charge such prices, they have an incentive to lengthen the period of exclusive rights as much as possible. Indeed, some commentators allege that...
Congress May Consider Options to Extend Expiring Funds for Primary Care
The Affordable Care Act (ACA), enacted in March 2010, appropriated mandatory funds to support three programs focused on expanding access to primary care services for populations that are typically underserved. These three programs are the Health Centers program, the National Health Service Corps (NHSC), and payments to support medical residents training at teaching health centers—outpatient health facilities that primarily provide care to underserved populations.
The mandatory ACA funds for these programs were initially provided for five years. Funding for each of these three programs had...
The National Bioengineered Food Disclosure Standard: Overview and Select Considerations
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In July 2016, Congress enacted P.L. 114-216 (2016 Act), comprehensive legislation to govern the labeling of bioengineered foods. The 2016 Act required the U.S. Department of Agriculture (USDA) to establish the National Bioengineered Food Disclosure Standard (the Standard). The Standard regulates labeling of bioengineered foods, a term defined in the 2016 Act. The act does not address or define other terms that some members of the public might associate with bioengineered foods, such as genetically engineered (GE), genetically modified, and genetically modified organism (GMO). The...
Illicit Drug Smuggling Between Ports of Entry and Border Barriers
Policy discussions around border security often involve questions about how illicit drugs flow into the United States. These include questions about the smugglers, types and quantities of illicit drugs crossing U.S. borders, primary entry points, and methods by which drugs are smuggled. Further, these discussions often center on the shared U.S.-Mexico border, as it is a major conduit through which illicit drugs flow.
There are no comprehensive data on the total quantity of foreign-produced illicit drugs smuggled into the United States at or between official ports of entry (POEs) because...
The Army’s Modernization Strategy: Congressional Oversight Considerations
In October 2019, the Army published a new modernization strategy aimed at transforming the Army in order to conduct Multi-Domain Operations (MDO) which are intended to address the current and future actions of near-peer competitors Russia and China. The Army’s Modernization Strategy is part of a hierarchy of strategies designed, among other things, to inform the Service’s respective modernization plans. These strategies include the National Security Strategy (NSS), the National Defense Strategy (NDS), the National Military Strategy (NMS), and the Army Strategy.
The Army’s Modernization...
The Patient Protection and Affordable Care Act of 2010 (ACA, P.L. 111-148, as amended) authorized the establishment of a private, nonprofit, tax-exempt corporation called the Patient-Centered Outcomes Research Institute (PCORI) at Social Security Act (SSA) Section 1181. This built on provisions in prior law that expanded the federal government’s role in comparative effectiveness research (CER). The American Reinvestment and Recovery Act of 2009 (ARRA, P.L. 111-5) provided a total of $1.1 billion for CER and required an Institute of Medicine report with recommendations on national CER...
U.S. international family planning activities stem from a provision of the Foreign Assistance Act of 1961 (Section 104, P.L. 87-195; as amended), which authorized research on family planning issues, among many other things. In 1965, Congress authorized the U.S. Agency for International Development (USAID) to create contraceptive distribution programs. Originally, international family planning programs focused on distributing contraceptives and related commodities. Over time, such programs evolved to also address reproductive health issues, such as female genital mutilation (FGM) and...
Monetary Policy and the Federal Reserve: Current Policy and Conditions
Congress has delegated responsibility for monetary policy to the Federal Reserve (the Fed), the nation’s central bank, but retains oversight responsibilities for ensuring that the Fed is adhering to its statutory mandate of “maximum employment, stable prices, and moderate long-term interest rates.” To meet its price stability mandate, the Fed has set a longer-run goal of 2% inflation.
The Fed’s control over monetary policy stems from its exclusive ability to alter the money supply and credit conditions more broadly. Normally, the Fed conducts monetary policy by setting a target for the...
Federal Spending on Benefits and Services for People with Low Income: FY2008-FY2018 Update
The Congressional Research Service (CRS) regularly receives requests about federal benefits and services targeted to low-income populations. This report is the latest update in a series of CRS reports that attempt to identify and provide information about federal spending targeted to this population. The report series does not discuss social insurance programs such as Social Security, Medicare, or Unemployment Insurance, but includes only programs with an explicit focus on low-income people or communities. Tax provisions, other than the refundable portion of two tax credits, are excluded....
Oil Market Effects from U.S. Economic Sanctions: Iran, Russia, Venezuela
Economic sanctions imposed by the United States—through enacted legislation and executive action—on Iran, Russia, and Venezuela aim to pressure the ruling governments to change their behavior and policies. Currently, these sanctions aim to either eliminate (Iran) or restrict (Venezuela) crude oil trade of as much as 3.3 million to 4.0 million barrels per day (bpd), roughly 3%-4% of global petroleum supply. Estimated oil production volumes affected to date have been approximately 1.7 million bpd from Iran. Venezuela oil production has also likely been affected, although accurately...
Over the 1979-2018 period, real wages at the 10th percentile of the hourly wage distribution grew by 1.6%, whereas wages at the 50th percentile grew by 6.1% and wages at the 90th percentile grew by 37.6%. These patterns varied by sex, race, and ethnicity. Most of the increase in wage inequality at the bottom of the distribution occurred by 1990 and leveled off by 2000, whereas inequality continued to grow at the top of the distribution after 2000. Lower wages are associated with less education, and the college wage premium (the ratio of earnings of those with a college degree over those...
Egypt: Death of American Citizen and Congressional Response
Overview
On January 13, 2020, Mustafa Kassem, a dual U.S.-Egyptian citizen who had been detained in Egypt since 2013, died of heart failure in an Egyptian prison after a two-year hunger strike. The Egyptian government has defended its treatment of Kassem, claiming that he received adequate medical care and legal rights. Secretary of State Michael R. Pompeo called Kassem’s death “pointless and tragic.”
Some Members of Congress had long been concerned for Kassem, arguing that Egyptian authorities unlawfully detained and wrongfully convicted him. Kassem’s death has upset some in Congress,...
National Security Space Launch
The United States is making significant efforts to pursue a strategy that ensures continued access to space for national security missions. The current strategy is embodied in the National Security Space Launch (NSSL) program. The NSSL supersedes the Evolved Expendable Launch Vehicle (EELV) program, which started in 1995 to ensure that National Security Space (NSS) launches were affordable and reliable. For the same reasons, policymakers provide oversight for the current NSSL program and encourage competition, as there was only one provider for launch services from 2006 to 2013. Moreover,...
The Current State of Federal Information Technology Acquisition Reform and Management
The Government Accountability Office (GAO) has reported that the federal government budgets more than $90 billion each year on information technology (IT) investments. Historically, the projects supported by these investments have often incurred “multi-million dollar cost overruns and years-long schedule delays.” In addition, GAO has reported that these projects may contribute little to mission-related outcomes and, in some cases, may fail altogether. These undesirable results, according to GAO, “can be traced to a lack of disciplined and effective management and inadequate executive-level...
Advance Refunding Bonds and P.L. 115-97
On January 29, 2020, the chairs of the House Transportation and Infrastructure, Energy and Commerce, and Ways and Means Committees released the Moving Forward Framework, which would invest roughly $760 billion in infrastructure projects over a five-year period. Among other things, the draft would reinstate the ability to issue federally tax-exempt advance refunding bonds, whose issuance authority was repealed by the 2017 tax revision (P.L. 115-97; sometimes referred to as the Tax Cuts and Jobs Act, or TCJA). This Insight briefly describes advance refunding bonds, summarizes recently...
Lebanon Forms New Government Amid Economic Crisis, Ongoing Protests
On January 21, Lebanese Prime Minister Hassan Diab announced the formation of a new Lebanese government, 85 days after nationwide protests triggered the resignation of former Prime Minister Saad Hariri. The new cabinet is comprised entirely of parties allied with the March 8 political bloc—headed by the Christian Free Patriotic Movement (FPM), Hezbollah, and the Amal Movement—leading some to describe it as one-sided. The new government faces significant challenges, including ongoing protests and an escalating economic crisis. However, the political composition of the new government—and the...
FY2020 Disaster Supplemental and Tax Legislation: CRS Experts
The House Appropriations Committee has introduced H.R. 5687, legislation that includes supplemental appropriations and tax provisions responding to a series of natural disasters. Table 1 lists CRS materials and points of contact for congressional clients seeking background on the contents of the legislation.
For those seeking context for this measure by comparing it to previous disaster supplemental appropriations measures, please see CRS Report R45844, FY2019 Disaster Supplemental Appropriations: Overview; and CRS Report R45084, 2017 Disaster Supplemental Appropriations: Overview.
Israel and the Palestinians: U.S. Peace Plan and Possible Israeli Annexation
President Trump released a long-promised “Peace to Prosperity” plan for Israel and the Palestinians on January 28, 2020, after obtaining support from Israeli Prime Minister Binyamin Netanyahu and Netanyahu’s main political rival Benny Gantz. The release and Netanyahu’s announced intention to annex parts of the Israeli military-controlled West Bank might affect a closely-contested Israeli election scheduled for March 2—the third in the past year pitting Netanyahu (who has been indicted on corruption charges) and Gantz against one another. Members of Congress have had mixed reactions to the...
Regulation Best Interest (Reg BI): The SEC’s Rule for Broker-Dealers
On June 5, 2019, the Securities and Exchange Commission (SEC) voted to adopt Regulation Best Interest (Reg BI) under the Securities and Exchange Act of 1934 (P.L. 73-291). Reg BI reforms requirements for broker-dealers when they make investment recommendations to retail customers. According to the SEC, Reg BI is meant to “enhance the broker-dealer standard of conduct beyond existing ... obligations [by] requiring broker-dealers ... to: (1) act in the best interest of the retail customer at the time the recommendation is made, without placing the financial or other interest of the...
Competition on the Edge of the Internet
Edge providers are individuals and entities that provide content, applications, services, and devices accessed over the internet. An edge provider can be a personal blog created by an individual or a website created by a billion-dollar company. Some edge providers sell products or subscriptions, while others sell consumer data or use it for digital advertising. Edge provider activities, conducted on the “edge” of the internet—hence the name—are not regulated by the Federal Communications Commission (FCC).
Edge providers rely on internet service providers (ISPs) and mobile carriers to...
Indo-Pacific Strategies of U.S. Allies and Partners: Issues for Congress
China’s growing confidence in asserting itself regionally and internationally, combined with longstanding concerns about whether the United States has the capacity or commitment to remain the region’s dominant actor, is leading U.S. allies and partners to adjust their strategic posture. This report seeks to outline some of these changes and to outline the perspectives of Indo-Pacific nations seeking to navigate a changing geopolitical environment, including by recasting their conception of the region to draw in new potential counterweights to China such as India, prioritizing new defense...
The United Nations Framework Convention on Climate Change (UNFCCC) has been the principle forum for cooperation among nations on greenhouse gas (GHG)-induced climate change since its adoption in 1992. Its objective is “to stabilize greenhouse gas concentrations in the atmosphere at a level that will prevent dangerous human interference with the climate system, in a time frame which allows ecosystems to adapt naturally and enables sustainable development.”
Stabilizing GHG concentrations in the atmosphere requires that the balance of “gross” emissions of GHG minus the removals of GHG from...
Escalating U.S. Tariffs: Affected Trade
The trade practices of U.S. trading partners and the U.S. trade deficit are a focus of the Trump Administration. Citing these and other concerns, the President has imposed tariff increases under three U.S. laws:
(1) Section 201 of the Trade Act of 1974 on U.S. imports of washing machines and solar products, due to concerns over their injurious effects on domestic U.S. industry;
(2) Section 232 of the Trade Expansion Act of 1962 on U.S. imports of steel and aluminum, and potentially motor vehicles and titanium sponge, due to concerns that imports threaten to impair the national security;...
Energy and Water Development: FY2020 Appropriations
The Energy and Water Development and Related Agencies appropriations bill provides funding for civil works projects of the U.S. Army Corps of Engineers (USACE); the Department of the Interior’s Bureau of Reclamation (Reclamation) and Central Utah Project (CUP); the Department of Energy (DOE); the Nuclear Regulatory Commission (NRC); the Appalachian Regional Commission (ARC); and several other independent agencies. DOE typically accounts for about 80% of the bill’s funding.
Overall Funding Totals
President Trump submitted his FY2020 detailed budget proposal to Congress on March 18, 2019...
Another Coronavirus Emerges: U.S. Domestic Response to 2019-nCoV
The Emergence of 2019-nCoV
On December 31, 2019, the World Health Organization (WHO) was informed of a cluster of pneumonia cases in Wuhan, China. Illnesses have since been linked to a previously unidentified strain of coronavirus, designated 2019 novel Coronavirus, or 2019-nCoV. To date, thousands have been infected, mostly in China, and over 100 have died. The disease has spread to several other countries, including the United States. As the scope of the epidemic widened in China, the U.S. Centers for Disease Control and Prevention (CDC) stated on January 27, 2020, that “the immediate...
Overview of FY2020 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)
This report describes actions taken by the Trump Administration and Congress to provide FY2020 appropriations for Commerce, Justice, Science, and Related Agencies (CJS) accounts. The annual CJS appropriations act provides funding for the Department of Commerce, which includes bureaus and offices such as the Census Bureau, the U.S. Patent and Trademark Office (USPTO), the National Oceanic and Atmospheric Administration (NOAA), and the National Institute of Standards and Technology (NIST); the Department of Justice (DOJ), which includes agencies such as the Federal Bureau of Investigation...
Escalating U.S. Tariffs: Timeline
The trade practices of U.S. trading partners and the U.S. trade deficit are a focus of the Trump Administration. Citing these and other concerns, the President has imposed tariff increases under three U.S. laws:
(1) Section 201 of the Trade Act of 1974 (Table 1) on U.S. imports of washing machines and solar products due to concerns over their injurious effects on domestic U.S. industry;
(2) Section 232 of the Trade Expansion Act of 1962 (Table 2) on U.S. imports of steel and aluminum, and potentially motor vehicles/parts and titanium sponge due to concerns that imports threaten to impair...
Research and development (R&D) has played a central role in the national security of the United States and its allies. R&D creates the foundation for new and improved technologies that underpin a wide range of applications.
Research, development, RDT&E, R&D, GBARD, government budget allocations for research and development, GDP, Defense, United States, OECD, research, development, RDT&E, R&D, GBARD, government budget allocations for research and development, GDP, Defense, United States, OECD, research, development, RDT&E, R&D, GBARD, government budget allocations for research and...
The U.S. Export Control System and the Export Control Reform Initiative
Difficulty with striking an appropriate balance between national security and export competitiveness has made the subject of export controls controversial for decades. Through the Arms Export Control Act (AECA), the International Emergency Economic Powers Act (IEEPA), the Export Controls Act of 2018 (ECA), and other authorities, the United States restricts the export of defense articles; dual-use goods and technology; certain nuclear materials and technology; and items that would assist in the proliferation of nuclear, chemical, and biological weapons or the missile technology used to...
On December 9, 2019, the Washington Post published a series of documents termed “the Afghanistan Papers.” The Papers comprise two sets of documents: about 1,900 pages of notes and transcripts of interviews with more than 400 U.S. and other policymakers that were carried out between 2014 and 2018 by the Special Inspector General for Afghanistan Reconstruction (SIGAR), and approximately 190 short memos (referred to as “snowflakes”) from former Secretary of Defense Donald Rumsfeld, dating from 2001 to 2004. The documents, and the Washington Post stories that accompany them, suggest that U.S....
Internet Regimes and WTO E-Commerce Negotiations
From retail to agriculture or healthcare, digitization has affected all sectors and allowed more industries to engage with customers and partners around the globe. Many U.S. companies thrived in the initial online environment, which lacked clear rules and guidelines, quickly expanding their offerings and entering foreign markets. As the internet has evolved, however, governments have begun to impose national laws and regulations to pursue data protection, data security, privacy, and other policy objectives. The lack of global rules and norms for data and digital trade is leading to...
Recent Slower Economic Growth in the United States: Policy Implications
The current economic expansion is the longest in recorded U.S. history, but it has not been characterized by rapid economic growth. From the beginning of the current economic expansion in the third quarter of 2009 to the second quarter of 2017, this expansion had the lowest economic growth rate of any expansion since World War II, averaging 2.2%. For the next five quarters, growth accelerated to 3.1%. However, growth has slowed since, averaging 2.1% over the next four quarters beginning in the fourth quarter of 2018. The slower growth rate has been widespread, but has been particularly...
Burma Ordered to Prevent Genocide Against Rohingya
The International Court of Justice (ICJ) on January 23, 2020, ordered Burma to undertake four “provisional measures” to prevent genocidal acts against the Rohingya and “prevent the destruction and ensure the preservation of evidence related to allegations of [genocidal] acts.”
The ICJ order comes two days after Burma’s Independent Commission of Enquiry (ICOE) submitted its final report to Burma’s President Win Myint, indicating that while it had obtained evidence that “war crimes and serious human rights violations” may have occurred during the 2017 “clearance operations” in Rakhine...
Social Security is a work-based federal insurance program that provides income support to workers and their eligible family members in the event of a worker’s retirement, disability, or death. About 6% of workers in paid employment or self-employment in 2019 were not covered by Social Security. A quarter of state and local government employees and most permanent civilian federal employees hired before January 1, 1984, were not covered, and these groups constituted the majority of noncovered workers.
For workers whose entire careers are covered by Social Security, the Social Security...
Federal Income Tax Treatment of the Family Under the 2017 Tax Revisions
The federal income tax treatment of the family is affected by several major structural elements applicable to all taxpayers: amounts deductible from taxable income through standard deductions, personal exemptions, and itemized deductions; the rate structure (which varies across taxpayer types); the earned income credit and the child credit; and the alternative minimum tax. Some of these provisions only affect high-income families and some only low-income families, but they are the tax code’s fundamental structural features. They lead to varying tax burdens on families depending on whether...
Multilateral Development Banks: U.S. Contributions FY2000-FY2020
This report shows in tabular form how much the Administration requested and how much Congress appropriated for U.S. payments to the multilateral development banks since 2000.
Multilateral development banks provide financial assistance to developing countries in order to promote economic and social development. The United States belongs to several multilateral development banks, including the World Bank and four regional development banks (the African Development Bank, the Asian Development Bank, the Inter-American Development Bank, and the European Bank for Reconstruction and...
Petitions for Rulemaking: An Overview
The Administrative Procedure Act (APA), enacted in 1946, is known primarily for its procedural requirements for notice-and-comment rulemaking. Those requirements state that when issuing regulations, agencies must generally give public notice (i.e., issue a proposed rule), hold a public comment period, and publish a final rule.
A lesser known provision in the APA is a petition mechanism through which any interested party can request an agency to issue, amend, or repeal a rule (Section 553(e)). Such petitions are sometimes referred to as 553(e) petitions, petitions for rulemaking, petitions...
On January 19, 2020, Honduran President Juan Orlando Hernández allowed the mandate of the Organization of American States (OAS)-backed Mission to Support the Fight Against Corruption and Impunity in Honduras (MACCIH) to expire. The U.S. Congress had provided significant financial and political support for the MACCIH throughout its four-year mandate as the mission helped Honduran institutions deter and investigate high-level corruption. A bipartisan group of Members had also repeatedly called on President Hernández to extend the mission’s mandate. The MACCIH’s closure could negatively...
U.S. Trade in Services: Trends and Policy Issues
Trade in “services” refers to a wide and growing range of economic activities. These activities include transport, tourism, financial services, use of intellectual property, telecommunications and information services, government services, maintenance, and other professional services from accounting to legal services. Compared to goods, the types and volume of services that can be traded are limited by factors such as the requirement for direct buyer-provider contact, and other unique characteristics such as the reusability of services (e.g., professional consulting) for which traditional...
FY2020 Appropriations for Agricultural Conservation
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the Forest Service. The FY2020 Further Consolidated Appropriations Act (P.L. 116-94, Division B) includes funding for conservation programs and activities at USDA, among other departments.
Agricultural conservation programs include both mandatory and discretionary spending. Most conservation program funding is mandatory and is authorized in omnibus farm bills. Other conservation programs—mostly technical assistance—are discretionary spending funded through annual appropriations. The FY2020...
FDA Regulation of Cannabidiol (CBD) Consumer Products: Overview and Considerations for Congress
Cannabidiol (CBD), a compound in the Cannabis sativa plant, has been promoted as a treatment for a range of conditions, including epileptic seizures, post-traumatic stress disorder, anxiety, inflammation, and sleeplessness. However, limited scientific evidence is available to substantiate or disprove the efficacy of CBD in treating these conditions. In the United States, CBD is marketed in food and beverages, dietary supplements, cosmetics, and tobacco products such as electronic nicotine delivery systems (ENDS)—products that are primarily regulated by the Food and Drug Administration...
Department of Homeland Security Appropriations: FY2020
This report provides an overview and analysis of FY2020 appropriations for the Department of Homeland Security (DHS). The primary focus of this report is on the funding provided to DHS through the appropriations process. It includes an Appendix with definitions of key budget terms used throughout the suite of Congressional Research Service reports on DHS appropriations. It also directs the reader to other reports providing context for specific component appropriations.
As part of an overall DHS budget that the Office of Management and Budget (OMB) estimated to be $92.08 billion, the Trump...
U.S. Signs Phase One Trade Deal with China
President Trump on January 15, 2020, signed a phase one trade agreement with the Chinese government that is intended to resolve some of the trade and investment issues the Administration raised in March 2018, pursuant to Section 301 of the U.S. Trade Act of 1974. Including appendices, the agreement is 96 pages and covers some aspects of intellectual property (IP) (Chapter 1), technology transfer (Chapter 2), agriculture (Chapter 3), financial services (Chapter 4), macroeconomic policies and exchange rates (Chapter 5), trade purchases (Chapter 6), and dispute resolution (Chapter 7)....
International Trade and Finance: Overview and Issues for the 116th Congress
The U.S. Constitution grants authority to Congress to lay and collect duties and regulate foreign commerce. Congress exercises this authority in numerous ways, including through oversight of trade policy and consideration of legislation to implement trade agreements and authorize trade programs. Policy issues cover areas such as U.S. trade negotiations, U.S. trade and economic relations with specific regions and countries, international institutions focused on trade, tariff and nontariff barriers, worker dislocation due to trade liberalization, enforcement of trade laws and trade agreement...
Special Diabetes Programs Expire in FY2020: Policy Considerations and Extension Proposals
Under the Balanced Budget Act of 1997 (P.L. 105-33), Congress amended the Public Health Service Act (PHSA) to create two special diabetes programs. The first—the Special Diabetes Program for Type I Diabetes (PHSA §330B; U.S.C. 42 §254c-2)—provides funding for the National Institutes of Health (NIH) to award grants to study type I diabetes. The second—the Special Diabetes Program for Indians (PHSA §330C; U.S.C. 42 §254c-3)—provides funding to the Indian Health Service (IHS) to award grants for activities related to preventing and treating diabetes for American Indians and Alaska Natives at...
The Effectiveness of the Community Reinvestment Act
The Community Reinvestment Act (CRA; P.L. 95-128, 12 U.S.C. §§2901-2908) addresses how banking institutions meet the credit needs of the areas they serve, particularly in low- and moderate-income (LMI) neighborhoods. The federal banking regulatory agencies—the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC)—currently implement the CRA. The regulators issue CRA credits, or points, where banks engage in qualifying activities—such as mortgage, consumer, and business lending; community...
Possible Use of FY2020 Defense Funds for Border Barrier Construction: Context and Questions
On January 13, 2020, the Washington Post reported that the Trump Administration plans to reallocate $7.2 billion in Department of Defense (DOD) appropriations to construct barriers along the U.S.-Mexico border. Of this amount, $3.7 billion would reportedly come from deferring congressionally approved military construction (MILCON) projects. An additional $3.5 billion would be redirected through DOD’s Drug Interdiction and Counter-Drug Activities account (hereinafter counter-drug transfer account). If the Administration were to carry out the actions as described by the Washington Post, DOD...
Social Security and Vulnerable Groups—Policy Options to Aid Widows
As Congress actively considers Social Security reform options, one area of interest is Social Security policy levers to aid vulnerable groups—widows, low earners, caregivers, older beneficiaries, spouses, and never-married individuals. In the context of widows, researchers and policymakers have raised concerns about both benefit adequacy and benefit equity. In 2017, about 18% of all individuals aged 60 or older were widows; however, nearly 26% of individuals aged 60 or older living in poverty were widows.
Benefit adequacy concerns stem from the facts that the widow has outlived the spouse,...
The Kiddie Tax and Military Survivors’ Benefits
Some military families discovered that they owed higher taxes for 2018 and 2019 on distributions from their military survivors’ benefits than they had in previous years. This change in tax treatment was related to temporary changes to the “kiddie tax” in the 2017 tax revision (P.L. 115-97). However, Congress enacted language in the Further Consolidated Appropriations Act, 2020 (P.L. 116-94) that repealed those temporary changes to the kiddie tax beginning in 2020. In addition, P.L. 116-94 enables taxpayers to retroactively elect to be taxed as if the kiddie tax changes in P.L. 115-97 did...
Federal Crop Insurance: Record Prevent Plant (PPL) Acres and Payments in 2019
U.S. agricultural production got off to a late start in 2019 due to prolonged cool, wet springtime conditions throughout the major growing regions, particularly in states across the northern plains and eastern Corn Belt. Saturated soils prevented many farmers from planting their intended crops—such acres are referred to as “prevent plant (PPL)” acres. As of November 1, 2019, the U.S. Department of Agriculture (USDA) reported that farmers were unable to plant a record 19.6 million acres in 2019—including 11.4 million acres of corn and 4.5 million acres of soybeans. The previous record for...
Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions
On May 8, 2018, President Donald Trump signed National Security Presidential Memorandum 11, “ceasing U.S. participation in the JCPOA [Joint Comprehensive Plan of Action] and taking additional action to counter Iran’s malign influence and deny Iran all paths to a nuclear weapon.” The action set in motion a reestablishment of U.S. unilateral economic sanctions that affect U.S. businesses and include secondary sanctions that target the commerce originating in other countries that engage in trade with and investment in Iran.
U.S.-Iran bilateral relations continued to deteriorate from this...
Presidential Pardons: Overview and Selected Legal Issues
Article II, Section 2 of the U.S. Constitution authorizes the President “to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” The power has its roots in the king’s prerogative to grant mercy under early English law, which later traveled across the Atlantic Ocean to the American colonies. The Supreme Court has recognized that the authority vested by the Constitution in the President is quite broad, describing it as “plenary,” discretionary, and largely not subject to legislative modification. Nonetheless, there are two textual limitations...
U.S. Killing of Qasem Soleimani: Frequently Asked Questions
The January 2, 2020, U.S. killing in Iraq of Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF) Commander Qasem Soleimani, generally regarded as one of the most powerful and important officials in Iran, has potentially dramatic implications for the United States. For Congress, it raises possible questions about U.S. policy in the Middle East, broader U.S. global strategy, U.S. relations with partners and allies, the authorization and legality of U.S. military action abroad, U.S. measures to protect its servicemembers and diplomatic personnel, and congressional oversight of these and...
Kashmir: Background, Recent Developments, and U.S. Policy
In early August 2019, the Indian government announced that it would make major changes to the legal status of its Muslim-majority Jammu and Kashmir (J&K) state, specifically by repealing Article 370 of the Indian Constitution and Section 35A of its Annex, which provided the state “special” autonomous status, and by bifurcating the state into two successor “Union Territories” with more limited indigenous administrative powers. The changes were implemented on November 1, 2019. The former princely region’s sovereignty has been unsettled since 1947 and its territory is divided by a military...
Copyright Act and Communications Act Changes in 2019 Related to Television
On December 20, 2019, President Donald J. Trump signed the Satellite Television Community Protection and Promotion Act of 2019, and the Television Viewer Protection Act of 2019 (Titles XI and X of Division P, respectively, of the Further Consolidated Appropriations Act, 2020, P.L. 116-94). The act permanently extends some legal provisions governing the retransmission of distant network broadcast signals, while repealing others. In addition, the act permanently extends and changes rules for retransmission consent negotiations between television station owners and operators of satellite and...
H.R. 1865 and the Look-Through Treatment of Payments Between Related Controlled Foreign Corporations
Potential Effect of FCC Rules on State and Local Video Franchising Authorities
Local and state governments have traditionally played an important role in regulating cable television operators, within limits established by federal law. In a series of rulings since 2007, the Federal Communications Commission (FCC) has further limited the ability of local governments (known as local franchise authorities) to regulate and collect fees from cable television companies and traditional telephone companies (known as telcos) offering video services.
In August 2019, in response to a ruling by a federal court of appeals, the FCC tightened restrictions on municipalities’ and—for...
The Higher Education Act of 1965 (HEA; P.L. 89-329, as amended) authorizes programs and activities to provide support to individuals who are pursuing a postsecondary education and to institutions of higher education (IHEs). During the 116th Congress, the House Committee on Education and Labor marked up and ordered to be reported the College Affordability Act (H.R. 4674), which would provide for the comprehensive reauthorization of most HEA programs.
This report organizes the changes proposed by H.R. 4674 into seven themes:
Expanding the availability of financial aid to postsecondary...
FDIC Proposes Changes to Brokered Deposit Regulation
On December 12, 2019, the Federal Deposit Insurance Corporation (FDIC) proposed changes to current rules that restrict banks that are not well capitalized from accepting brokered deposits, a perennial point of contention between banks and regulators. Recently, banks and financial technology companies have developed or begun using new arrangements that may qualify as brokered deposits. This development has refocused attention on the issue.
Background
Core deposits are the funds individuals or companies directly place in checking and savings accounts, primarily to utilize the safekeeping,...
Comparing DHS Component Funding, FY2020: In Brief
(TO BE SUPPRESSED)
Generally, the homeland security appropriations bill includes all annual appropriations for the Department of Homeland Security (DHS), providing resources to every departmental component. The Tables and Figure show DHS’s new discretionary budget authority enacted for FY2019 and requested by the Administration for FY2020, as well as proposed by the House and Senate Appropriations Committees in their reported legislation for FY2020, and ultimately enacted in P.L. 116-93, Division D. Analysis is of various funding streams at the component level.
Department of Homeland...
The Cable Franchising Authority of State and Local Governments and the Communications Act
Companies that provide cable television service (cable operators) are subject to regulation at the federal, state, and local levels. Under the Communications Act of 1934, the Federal Communications Commission (FCC or Commission) exercises regulatory authority over various operational aspects of cable service. At the same time, a cable operator must obtain a franchise from the state or local franchising authority for the area in which it wishes to provide cable service. The franchising authority often negotiates various obligations as a condition of granting the franchise.
Under the Cable...
Campaign and Election Security Policy: Overview and Recent Developments for Congress
In the United States, state, territorial, and local governments are responsible for most aspects of selecting and securing election systems and equipment. Foreign interference during the 2016 election cycle—and widely reported to be an ongoing threat—has renewed congressional attention to campaign and election security and raised new questions about the nature and extent of the federal government’s role in this policy area.
This report provides congressional readers with a resource for understanding campaign and election security policy. This includes discussion of the federal...
FY2020 National Defense Authorization Act: P.L. 116-92 (H.R. 2500, S. 1790)
The Administration’s FY2020 NDAA request would have authorized $568.1 billion designated as base budget funds to cover the routine, recurring costs to man, train, and operate U.S. forces. The request would have authorized an additional $173.8 billion designated as Overseas Contingency Operations (OCO) funds, of which $97.9 billion was requested for base programs. As enacted, the FY2020 NDAA authorizes a total of $729.9 billion for national defense-related activities, which is $12.0 billion (1.6%) less than the Administration requested.
Administration’s FY2020 National Defense Authorization...
Nature-Based Infrastructure: NOAA’s Role
The National Oceanic and Atmospheric Administration (NOAA) currently supports natural, nature-based, or green infrastructure and other related types of features (hereinafter referred to as nature-based infrastructure) as part of its statutory mandates to support, research, restore, and conserve natural resources. NOAA’s nature-based activities primarily fall under three line offices: the National Marine Fisheries Service, National Ocean Service, and Office of Oceanic and Atmospheric Research.
NOAA uses the term nature-based infrastructure and other related terms interchangeably to describe...
The Office of Federal Student Aid as a Performance-Based Organization
The Office of Federal Student Aid (FSA), within the U.S. Department of Education (ED), is established as a performance-based organization (PBO) pursuant to Section 141 of the Higher Education Act (HEA). FSA is a discrete management unit “responsible for managing the administrative and oversight functions supporting” the HEA Title IV federal student aid programs, including the Pell Grant and the Direct Loan programs. As such, it is the largest provider of postsecondary student financial aid in the nation. In FY2019, FSA oversaw the provision of approximately $130.4 billion in Title IV aid...
The Power of Congress and the Executive to Exclude Aliens: Constitutional Principles
Supreme Court precedent establishes that inherent principles of sovereignty give Congress “plenary power” to regulate immigration. The core of this power—the part that has proven most impervious to judicial review—is the authority to determine which non-U.S. nationals (aliens) may enter the United States and under what conditions. The Court has also established that the executive branch, when enforcing the laws concerning alien entry, has broad authority to do so mostly free from judicial oversight.
Two principles frame the scope of the political branches’ power to exclude aliens. First,...
Legal Authority to Repurpose Funds for Border Barrier Construction
President Trump has prioritized the construction of border barriers along the U.S.-Mexico border. Over the course of negotiations for FY2019 appropriations, the Administration asked Congress to appropriate $5.7 billion to the Department of Homeland Security (DHS) for that purpose. When Congress appropriated $1.375 billion to DHS for border fencing, the President announced that his Administration would fund the construction of border barriers by repurposing funds appropriated to the Department of Defense (DOD) and transferring funds from the Department of the Treasury. The Administration...
Terrorism Risk Insurance: Overview and Issue Analysis for the 116th Congress
Prior to the September 11, 2001, terrorist attacks, coverage for losses from such attacks was normally included in general insurance policies without additional cost to the policyholders. Following the attacks, such coverage became expensive, if offered at all. Some observers feared the absence of insurance against terrorism loss would have a wider economic impact, because insurance is required to consummate a variety of transactions (e.g., real estate). For example, if real estate deals were not completed due to lack of insurance, this could have ripple effects—such as job loss—on related...
Department of Housing and Urban Development (HUD): Funding Trends Since FY2002
The Department of Housing and Urban Development (HUD) administers a number of programs and activities that are primarily designed to address housing problems faced by households with very low incomes or other special housing needs. Most of the funding for HUD’s programs and activities comes from discretionary appropriations provided each year in the Transportation, HUD, and Related Agencies annual appropriations acts.
HUD’s annual budget, as considered by congressional appropriators, is generally comprised of several components, including regular annual appropriations, which fund HUD’s...
The National Flood Insurance Program: Selected Issues and Legislation in the 116th Congress
The National Flood Insurance Program (NFIP) was established by the National Flood Insurance Act of 1968 (NFIA; 42 U.S.C. §4001 et seq.), and was most recently reauthorized until September 30, 2020 (P.L. 116-93). The general purpose of the NFIP is both to offer primary flood insurance to properties with significant flood risk, and to reduce flood risk through the adoption of floodplain management standards. A longer-term objective of the NFIP is to reduce federal expenditure on disaster assistance after floods. The NFIP also engages in many “non-insurance” activities in the public interest:...
The Proposed Equal Rights Amendment: Contemporary Ratification Issues
The proposed Equal Rights Amendment to the U.S. Constitution (ERA) declares that “equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex....” The ERA was approved by Congress for ratification by the states in 1972; the amendment included a customary, but not constitutionally mandated, seven-year deadline for ratification. Between 1972 and 1977, 35 state legislatures, of the 38 required by the Constitution, voted to ratify the ERA. Despite a congressional extension of the deadline from 1979 to 1982, no additional states approved...
“Stage One” U.S.-Japan Trade Agreements
On October 7, 2019, after six months of formal negotiations, the United States and Japan signed two agreements intended to liberalize bilateral trade. One, the U.S.-Japan Trade Agreement (USJTA), provides for limited tariff reductions and quota expansions to improve market access. The other, the U.S.-Japan Digital Trade Agreement, includes commitments pertaining to digital aspects of international commerce, such as cross-border data flows. These agreements constitute what the Trump and Abe Administrations envision as “stage one” of a broader trade liberalization negotiation, which the two...
Iran’s Nuclear Program: Status
Iran’s nuclear program began during the 1950s. The United States has expressed concern since the mid-1970s that Tehran might develop nuclear weapons. Iran’s construction of gas centrifuge uranium enrichment facilities is currently the main source of proliferation concern. Gas centrifuges can produce both low-enriched uranium (LEU), which can be used in nuclear power reactors, and weapons-grade highly enriched uranium (HEU), which is one of the two types of fissile material used in nuclear weapons.
Is Iran Capable of Building Nuclear Weapons?
The United States has assessed that Tehran...
Foreign Interference in NIH Research: Policy Implications
Recent congressional hearings and media reports have raised the issue of foreign interference in research funded by the National Institutes of Health (NIH), the primary federal agency for biomedical research and development (R&D). An NIH investigation, conducted in partnership with the Federal Bureau of Investigation (FBI), uncovered numerous potential violations of laws and policies (some confirmed, others subject to ongoing investigation), including
scientists involved in the NIH peer review process sharing details of research proposals with foreign entities;
failure of scientists to...
U.S. Foreign-Trade Zones: Background and Issues for Congress
U.S. foreign-trade zones (FTZs) are geographic areas declared to be outside the normal customs territory of the United States. This means that, for foreign merchandise entering FTZs and re-exported as different products, customs procedures are streamlined and tariffs do not apply. For products intended for U.S. consumption, full customs procedures are applied and duties are payable when they exit the FTZ.
In 1934, in the midst of the Great Depression, Congress passed the U.S. Foreign Trade Zones Act. It was designed to expedite and encourage international trade while promoting domestic...
Members of Congress are authorized by law to nominate candidates for appointment to four U.S. service academies. These schools are the U.S. Military Academy, the U.S. Naval Academy, the U.S. Air Force Academy, and the U.S. Merchant Marine Academy. The fifth service academy, the U.S. Coast Guard Academy, does not require a congressional nomination for appointment. These institutions prepare college-age Americans to be officers of the U.S. uniformed services. Upon graduation, service academy graduates are commissioned as officers in the active or reserve components of the military or...
U.S. Farm Income Outlook: November 2019 Forecast
This report uses the U.S. Department of Agriculture’s (USDA’s) farm income projections (as of November 27, 2019) and agricultural trade outlook update (as of November 25, 2019) to describe the U.S. farm economic outlook for 2019. According to USDA’s Economic Research Service (ERS), national net farm income—a key indicator of U.S. farm well-being—is forecast at $92.5 billion in 2019, up $8.5 billion (+10.2%) from last year. The forecast rise in 2019 net farm income is largely the result of a 64.0% increase in government payments to the agricultural sector, with a projected total value of...
Flood Resilience and Risk Reduction: Federal Assistance and Programs
Recent flood disasters have raised congressional and public interest in reducing flood risks and improving flood resilience, which is the ability to adapt to, withstand, and rapidly recover from floods. Federal programs that assist communities in reducing their flood risk and improving their flood resilience include programs funding infrastructure projects (e.g., levees, shore protection) and other flood mitigation activities (e.g., nature-based flood risk reduction) and mitigation incentives for communities that participate in the National Flood Insurance Program (NFIP).
Assistance...
Navy Littoral Combat Ship (LCS) Program: Background and Issues for Congress
The Navy began procuring a small surface combatant called the Littoral Combat Ship (LCS) in FY2005, and a total of 35 LCSs have been procured through FY2019, including three in FY2019. The total of 35 LCSs is three more than the 32 the Navy says are required under its 355-ship force-level goal. The Navy wants FY2019 to be the final year of LCS procurement, and it has not requested the procurement of any additional LCSs in its FY2020 budget submission.
The Navy wants to shift procurement of small surface combatants in FY2020 to a new frigate called the FFG(X). The Navy’s proposed FY2020...
Navy Irregular Warfare and Counterterrorism Operations: Background and Issues for Congress
In the years following the terrorist attacks of September 11, 2001, the Navy has carried out a variety of irregular warfare (IW) and counterterrorism (CT) activities. Among the most readily visible of these were operations carried out by Navy sailors serving ashore in the Middle East and Afghanistan, as well as the May 1-2, 2011, U.S. military operation in Abbottabad, Pakistan, that killed Osama bin Laden.
During these years, the Navy took certain actions intended to improve its IW capabilities. For example, the Navy established the Navy Expeditionary Combat Command (NECC) informally in...
Federal Employees’ Retirement System: Budget and Trust Fund Issues
Most of the civilian federal workforce is covered by one of two retirement systems: (1) the Civil Service Retirement System (CSRS) for individuals hired before 1984 or (2) the Federal Employees’ Retirement System (FERS) for individuals hired in 1984 or later. FERS annuities are fully funded by the sum of employee and employer contributions and interest earned by the Treasury bonds held by the Civil Service Retirement and Disability Fund (CSRDF). The federal government makes supplemental payments into the CSRDF on behalf of employees covered by the CSRS because employee and agency...
Surprise Billing in Private Health Insurance: Overview and Federal Policy Considerations
In response to individuals receiving large, unexpected medical bills for out-of-network care, Congress has recently been considering legislation to address surprise billing. As the term is currently being discussed, surprise billing typically refers to situations where consumers are unknowingly, and potentially unavoidably, treated by providers outside of the consumers’ health insurance plan networks and, as a result, unexpectedly receive larger bills than they would have received if the providers had been in the plan networks. In the 116th Congress, federal proposals have sought to...
The Inter-American Treaty of Reciprocal Assistance and the Crisis in Venezuela
On September 11, 2019, the United States and 11 other Western Hemisphere countries invoked the Inter-American Treaty of Reciprocal Assistance (Rio Treaty) to facilitate a regional response to the crisis in Venezuela. As a first step, on September 23, 2019, the countries that have ratified the treaty (states parties) agreed to identify, prosecute, and freeze the assets of certain individuals and entities associated with the government of Nicolás Maduro. On December 3, 2019, the states parties approved an initial list of 29 individuals alleged to have engaged in corruption and/or human...
Demand for Broadband in Rural Areas: Implications for Universal Access
As of 2019, over 20 million Americans—predominantly those living in rural areas—lacked access to high speed broadband service according to the Federal Communications Commission (FCC). Federal subsidies underwritten by taxpayer funds and long-distance telephone subscriber fees have injected billions of dollars into rural broadband markets over the past decade—mostly on the supply side in the form of grants, loans, and direct support to broadband providers.
Yet, adoption rates have leveled off after more than a decade of rapid growth, even as broadband providers have extended service to...
Activities-Based Regulation and Systemic Risk
Past financial crises have shown that systemic risk can emanate from financial firms or activities. It can be caused by the failure of a large firm (hence, the moniker “too big to fail”) or it can be caused by correlated losses among many small market participants. Although historical financial crises have centered on banks, nonbank financial firms were also a source of instability in the 2007-2009 crisis.
The 2010 Dodd-Frank Act (P.L. 111-203) enhanced the regulation of certain financial firms and activities to reduce systemic risk, particularly prudential regulation administered by the...
Medicaid Eligibility: Older Adults and Individuals with Disabilities
Medicaid is a joint federal-state program that finances the delivery of primary and acute medical services, as well as long-term services and supports (LTSS), to a diverse low-income population. In general, individuals qualify for Medicaid coverage by meeting the requirements of a specific eligibility pathway. An eligibility pathway is the federal statutory reference that extends Medicaid coverage to certain groups of individuals.
Each eligibility pathway specifies the group of individuals covered by the pathway (i.e., the categorical criteria). It also specifies the financial...
On November 24, 2019, Uruguayans narrowly elected Luis Lacalle Pou of the center-right National Party in a presidential runoff election. Lacalle Pou’s inauguration, scheduled for March 1, 2020, will end the center-left Broad Front coalition’s 15-year hold on power and could usher in several changes to Uruguay’s economic and security policies. The new government is also likely to align more closely with the United States on some foreign policy issues, such as efforts, supported by Congress, to facilitate the restoration of democracy in Venezuela.
Domestic Context
As much of the Latin...
Trends in the Timing and Size of DHS Appropriations: In Brief
(TO BE SUPPRESSED) Department of Homeland Security DHS budget Appropriations FY2020, FY2019, FY2018, FY2017. FY2016, FY2015, FY2014, FY2013 funding analysis
Misuse of Government Purchase Cards: Background, Legislation, and Analysis
Following their introduction in the mid-1990s, the usage of government purchase cards expanded at a rapid rate. Spurred by legislative and regulatory reforms designed to increase the use of purchase cards for small acquisitions, the dollar volume of government purchase card transactions grew from $527 million in FY1993 to $19.5 billion in FY2011. While the use of purchase cards was credited with reducing administrative costs during that time, audits of agency purchase card programs found varying degrees of waste, fraud, and abuse. One of the most common risk factors cited by auditors was a...
Farm Policy: USDA’s 2018 Trade Aid Package
In early 2018, the Trump Administration—citing concerns over national security and unfair trade practices—imposed increased tariffs on certain imported products in general and on U.S. imports from China in particular. Several of the affected foreign trading partners (including China) responded to the U.S. tariffs with their own retaliatory tariffs targeting various U.S. products, especially agricultural commodities. On July 24, 2018, Secretary of Agriculture Sonny Perdue announced that the U.S. Department of Agriculture (USDA) would be taking several temporary actions to assist farmers in...
Supreme Court Criminal Law Decisions: 2019
In 2019, the Supreme Court issued a sizeable number of criminal law decisions, which addressed several topics, including sentencing, pretrial, statutory construction, and ineffective assistance of counsel. This report discusses the following Supreme Court holdings in greater detail:
Racially Discriminatory Jury Selection: “[T]he trial court at Flowers’ sixth trial committed clear error in concluding that the State’s peremptory strike of [a] black prospective juror ... was not motivated in substantial part by discriminatory intent.” Flowers v. Mississippi, 139 S. Ct. 2228 (2019).
Execution...
Military Families and Intimate Partner Violence: Background and Issues for Congress
Intimate partner violence (IPV) is a national public health issue. IPV is also a crime characterized by recidivism and escalation, meaning offenders are likely to be repeat abusers, and the intensity of the abuse or violence is likely to grow over time. Like the broader phenomenon of domestic violence and abuse, a subset of which includes IPV, associated physical and mental trauma for those who are victims of abuse, as well as for those minor children who witness the abuse, can have both immediate and long-term health effects and significant costs to society. When military servicemembers...
Leveraged Lending and Collateralized Loan Obligations: Frequently Asked Questions
Leveraged lending generally refers to loans made to businesses that are highly indebted or have a low credit rating. Most leveraged loans are syndicated, meaning a group of bank or nonbank lenders collectively funds a leveraged loan made to a single borrower, in contrast to a traditional loan held by a single bank. In some cases, investors hold leveraged loans directly. However, more than 60% of leveraged loans are securitized into collateralized loan obligations (CLOs)—securities backed by cash flow from pools of leveraged loans. These securities are then sold to investors. The largest...
Congressional Subpoenas of Presidential Advisers: The Impact of Committee on the Judiciary v. McGahn
Iraq: Protests, Transition, and the Future of U.S. Partnership
Mass protests and state violence against some protestors have shaken Iraq since October 2019, with at least 400 Iraqis reported dead and thousands more injured in Baghdad and several southern Iraqi cities. After security forces and unidentified gunmen killed 45 protestors on November 27 and 28, Prime Minister Adel Abd Al Mahdi publicly stated his intent to resign, which protestors and some prominent political figures had been demanding for months. Iraqi legislators in the Council of Representatives (COR) acknowledged the prime minister’s offer, but he remains in office until a replacement...
Israel and the Boycott, Divestment, and Sanctions (BDS) Movement
Israeli officials seek to prevent a boycott, divestment, and sanctions (BDS) movement against Israel from gaining strength. The BDS movement is a loose grouping of actors from various countries that advocate or engage in economic measures against Israel or Israel-related individuals or organizations. Defining precisely who may or may not constitute the BDS movement, or what may or may not constitute BDS activity, is subject to debate.
Congress and the executive branch have taken actions to counter BDS measures, and Members of Congress debate how best to do so in light of various...
Amazon Protest of the Department of Defense's JEDI Cloud Contract Award to Microsoft
In September 2017, the Deputy Secretary of Defense issued a memorandum calling for the adoption of a Department of Defense (DOD) enterprise-wide cloud services solution. As part of its ongoing technology modernization efforts, DOD sought to acquire a commercial cloud services solution known as the Joint Enterprise Defense Infrastructure (JEDI) Cloud.
In April 2019, DOD selected Microsoft and Amazon Web Services (henceforth Amazon) to contend for the contract award from qualified proposals submitted by IBM, Amazon, Microsoft, and Oracle. In October 2019, DOD announced it had awarded the...
Voluntary Testimony by Executive Branch Officials: An Introduction
Executive branch officials testify regularly before congressional committees on both legislative and oversight matters. Most committee requests for testimony are accepted, and the officials appear voluntarily without the need to issue subpoenas or use the other tools available to Congress to compel appearance.
Congress’s authority under the Constitution to legislate and investigate, along with its practices in exercising these powers, provide strong incentives for the executive branch to work voluntarily with Congress. Congress’s control over appropriations and the organization and...
Department of Defense First Agency-wide Financial Audit (FY2018): Background and Issues for Congress
The Chief Financial Officers Act of 1990 (CFO Act, P.L. 101-576) requires annual financial audits of federal agencies’ financial statements to “assure the issuance of reliable financial information ... deter fraud, waste and abuse of Government resources ... [and assist] the executive branch ... and Congress in the financing, management, and evaluation of Federal programs.” Agency inspectors general (IGs) are responsible for the audits and may contract with one or more external auditors. Congressional interest in the Department of Defense’s (DOD’s) audits is especially acute because DOD’s...
Farm Policy: USDA’s 2019 Trade Aid Package
On May 23, 2019, Secretary of Agriculture Sonny Perdue announced that the U.S. Department of Agriculture (USDA) would undertake a second trade aid package in 2019 valued at up to $16 billion—similar to a trade aid package initiated in 2018 valued at $12 billion—to assist farmers in response to trade damage from continued tariff retaliation and trade disruptions.
Under the 2019 trade aid package, USDA will use its authority under the Commodity Credit Corporation (CCC) Charter Act to fund three separate programs to assist agricultural producers in 2019 while the Administration works to...
Selected Homeland Security Issues in the 116th Congress
In 2001, in the wake of the terrorist attacks of September 11, “homeland security” went from being a concept discussed among a relatively small cadre of policymakers and strategic thinkers to one broadly discussed among policymakers, including a broad swath of those in Congress. Debates over how to implement coordinated homeland security policy led to the passage of the Homeland Security Act of 2002 (P.L. 107-296), the establishment of the Department of Homeland Security (DHS), and extensive legislative activity in the ensuing years.
Initially, homeland security was largely seen as...
Interior, Environment, and Related Agencies: Overview of FY2020 Appropriations
The Interior, Environment, and Related Agencies appropriations bill contains funding for more than 30 agencies and entities. They include most of the Department of the Interior (DOI) as well as agencies within other departments, such as the Forest Service within the Department of Agriculture and the Indian Health Service within the Department of Health and Human Services. The bill also provides funding for the Environmental Protection Agency (EPA), arts and cultural agencies, and other organizations and entities. Issues for Congress include determining the amount, terms, and conditions of...
Shipping Under the Jones Act: Legislative and Regulatory Background
The Jones Act, which refers to Section 27 of the Merchant Marine Act of 1920 (P.L. 66-261), requires that vessels transporting cargo from one U.S. point to another U.S. point be U.S.-built, and owned and crewed by U.S. citizens. The act provides a significant degree of protection for U.S. shipyards, domestic carriers, and American merchant sailors. It is a subject of debate because some experts argue that it leads to high domestic ocean shipping costs and constrains the availability of ships for domestic use. The Jones Act has come into prominence amid debates over Puerto Rico’s economic...
Is a TSA Screener a “Law Enforcement Officer”? Court Allows Lawsuit Against United States to Proceed
Immigration: Recent Apprehension Trends at the U.S. Southwest Border
Unauthorized migration across the U.S. Southwest border poses considerable challenges to federal agencies that apprehend and process unauthorized migrants (aliens) due to changing characteristics and motivations of migrants in the past few years. Unauthorized migration flows are reflected by the number of migrants apprehended by the Department of Homeland Security’s (DHS’s) Customs and Border Protection (CBP). In FY2000, total annual apprehensions at the border were at an all-time high of 1.64 million, before gradually declining to 303,916 in FY2017, a 45-year low. Apprehensions then...
Liquefied Natural Gas by Rail: Policy Issues
On October 24, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA), in coordination with the Federal Railroad Administration (FRA), published a proposed rule to authorize the transportation of liquefied natural gas (LNG) in rail tank cars. This publication was the latest federal action intended to provide “greater flexibility in the modes of transportation” of LNG to serve domestic and export markets. The proposed rule could conflict with legislation approved by the House of Representatives earlier this year.
Natural gas cooled below -260° F at normal atmospheric...
Homeland Security Research and Development: Homeland Security Issues in the 116th Congress
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Overview
In the Department of Homeland Security (DHS), the Directorate of Science and Technology (S&T) has primary responsibility for establishing, administering, and coordinating research and development (R&D) activities. The Countering Weapons of Mass Destruction Office (CWMDO) is responsible for R&D relating to detection of nuclear and radiological threats. Several other DHS components, such as the Coast Guard, also fund R&D and R&D-related activities associated with their missions. The Common Appropriations Structure that DHS introduced in its FY2017 budget includes an account...
Big Data in Financial Services: Privacy and Security Regulation
Congress has shown interest in data privacy and security issues in the financial services industry, including an upcoming House Financial Services task force hearing. Recent data breaches at large financial institutions and credit reporting agencies have increased concern about the privacy and security of the large amounts of consumer financial information (known increasingly as big data) that companies gather, use, and store. Some of this information is public, whereas other information is considered personal and nonpublic. No single law provides a framework for regulating data privacy in...
Net metering is a policy that allows electricity customers with their own generation capacity to be financially compensated for the energy they produce. Net metering is widely regarded as having an important role in deployment of distributed generation (DG), especially solar energy. State and local governments have authority to establish net metering policies, and some have done so for many years. Congress took action to encourage net metering in the Energy Policy Act of 2005 (EPACT05), and the policy now exists, in some form, in 45 states. Recent state net metering policy modifications,...
Federal Employees’ Retirement System: Benefits and Financing
Most civilian federal employees who were hired before 1984 are covered by the Civil Service Retirement System (CSRS). Federal employees hired in 1984 or later are covered by the Federal Employees’ Retirement System (FERS). Both CSRS and FERS require participants to contribute toward the cost of their pensions through a payroll tax to the Civil Service Retirement and Disability Fund (CSRDF).
The Office of Personnel Management (OPM) estimates CSRS to cost an amount equal to 36.6% of employee pay. Of this amount, the federal government pays 29.6% and employees pay 7.0%. CSRS employees do not...
Applicability of Federal Requirements to Selected Health Coverage Arrangements
Federal health insurance requirements generally apply to health plans sold in the private health insurance market in the United States (i.e., individual coverage, small- and large-group coverage, and self-insured plans). However, not all private health coverage arrangements comply with these requirements. This includes exempted health coverage arrangements and noncompliant health coverage arrangements, as termed for purposes of this report. This report identifies and describes arrangements in these two categories. It is intended to help congressional policymakers better understand the...
Poland Designated into Visa Waiver Program
On November 6, 2019, Acting Secretary of Homeland Security Kevin K. McAleenan announced the designation of Poland into the Visa Waiver Program (VWP). The VWP allows citizens of designated countries to visit the United States without obtaining visas. Poland—one of five EU countries that until now had not been designated into the VWP—had been working with the Department of Homeland Security (DHS) for over a decade to meet the program’s criteria (see list of criteria below). In FY2019, Poland met the requirement of having a nonimmigrant visa refusal rate below 3%. On October 4, 2019,...
U.S. Strategy for Engagement in Central America: Policy Issues for Congress
Central America has received renewed attention from U.S. policymakers over the past few years as the region has remained a major transit corridor for illicit drugs and has surpassed Mexico as the largest source of irregular migration to the United States. These narcotics and migrant flows are the latest symptoms of deep-rooted challenges in several countries in the region, including widespread insecurity, fragile political and judicial systems, and high levels of poverty and unemployment. The U.S. government has worked more closely with partners in Central America to address those...
The Health Resources and Services Administration (HRSA) within the Department of Health and Human Services (HHS) provides health care to individuals who are geographically isolated and/or economically or medically vulnerable. The agency’s programs target specific populations, including pregnant women and their children and individuals with HIV/AIDs.
HRSA is organized into five bureaus: (1) Primary Care; (2) Health Workforce; (3) Maternal and Child Health; (4) HIV/AIDS; and (5) Healthcare Systems. In addition to these bureaus, HRSA has 11 offices. Some offices focus on specific populations...
Congressional Participation in Litigation: Article III and Legislative Standing
Houses, committees, and Members of Congress periodically seek to initiate or participate in litigation for various purposes, such as advancing their legislative objectives, challenging alleged transgressions of their legislative prerogatives, or defending core institutional interests. However, the constitutionally based doctrine of “standing” may prevent legislators from pursuing litigation in federal court. The standing doctrine requires a litigant seeking federal judicial relief to demonstrate (1) a concrete and particularized and actual or imminent injury-in-fact (2) that is traceable...
Poverty in the United States in 2018: In Brief
In 2018, approximately 38.1 million people, or 11.8% of the population, had incomes below the official definition of poverty in the United States. Poverty statistics provide a measure of economic hardship. The official definition of poverty for the United States uses dollar amounts called poverty thresholds that vary by family size and the members’ ages. Families with incomes below their respective thresholds are considered to be in poverty. The poverty rate (the percentage that was in poverty) fell from 12.3% in 2017. This was the fourth consecutive year since the most recent recession...
FY2020 Refugee Ceiling and Allocations
On November 1, 2019, President Donald Trump issued a Presidential Determination setting the FY2020 refugee ceiling at 18,000. The refugee ceiling is the maximum number of refugees that can be admitted to the United States in a fiscal year. From the start of FY2020 until the signing of the Presidential Determination, no refugees could be admitted to the United States.
The FY2020 refugee ceiling of 18,000 is the lowest in the history of the U.S. refugee admissions program. The Trump Administration has reduced the refugee ceiling each year, setting it at 45,000 for FY2018 and 30,000 for...
Canada’s October 2019 Elections
On October 21, 2019, Canadians went to the polls to elect 338 Members of Parliament. Although Prime Minister Justin Trudeau and his Liberal Party secured the most seats in the House of Commons, they lost the majority they had won in 2015. Trudeau’s new minority government will have to seek support from other parties to pass its agenda. This altered balance of power could have implications for U.S.-Canadian relations, including commercial, defense, and energy ties.
2019 Campaign
Prime Minister Trudeau and the Liberals won power in 2015 on a platform pledging to improve economic security for...
Harbor Dredging: Issues and Historical Funding
Congress is debating whether to support increased funding for dredging to better maintain harbor channel depths and widths. A bill passed by the House (H.R. 2440) seeks to boost dredging activity by utilizing more of the collections from a port tax levied to fund harbor maintenance. However, it is not clear whether the additional funding would increase the volume of material dredged from U.S. harbors, as a variety of factors affect the cost and performance of harbor dredging. In contrast to the House bill, in S. 2470 the Senate Committee on Appropriations recommends a Gulf Coast...
Legalization Framework Under the Immigration and Nationality Act (INA)
The population of unlawfully present aliens in the United States numbers between ten million and twelve million, according to recent estimates. The Immigration and Nationality Act (INA) takes three primary approaches to regulating this population: removal, deterrence, and—to a lesser extent—legalization. Legalization, as used here, means the granting of a lawful immigration status to an unlawfully present alien so that he or she is no longer subject to removal under the INA. Put differently, an unlawfully present alien “legalizes” by obtaining lawful permanent resident status (LPR or...
The Emoluments Clauses and the Presidency: Background and Recent Developments
Recent litigation involving the President has raised legal issues concerning formerly obscure constitutional provisions that prohibit the acceptance or receipt of “emoluments” in certain circumstances. First, the Foreign Emoluments Clause (Article I, Section 9, Clause 8 of the Constitution) prohibits any person “holding any Office of Profit or Trust under” the United States from accepting “any present, Emolument, Office, or Title, of any kind whatever” from a foreign government unless Congress consents. Second, the Domestic Emoluments Clause (Article II, Section 1, Clause 7) prohibits the...
Federal Land Management Agencies’ Mandatory Appropriations Accounts
Management of lands and resources is a principal mission for four federal agencies—the Bureau of Land Management (BLM), Fish and Wildlife Service (FWS), Forest Service (FS), and National Park Service (NPS). Most of the appropriations for these agencies come from discretionary appropriations enacted by Congress through annual appropriations laws. However, each of the agencies also receives mandatory appropriations under provisions of authorizing statutes enacted by Congress. Under these laws, the agencies spend money without further action by Congress.
A number of issues arise for Congress...
Unemployment Compensation (UC): Issues Related to Drug Testing
Recent interest in Unemployment Compensation (UC) drug testing has grown at both the federal and state levels. The policy interest in mandatory drug testing of individuals who are applying for or receiving UC benefits parallels two larger policy trends. First, some state legislatures have considered drug testing individuals receiving public assistance benefits. While UC is generally considered social insurance (rather than public assistance), the concept of drug testing UC recipients (who are receiving state-financed benefits from a program authorized under state laws) could be interpreted...
Social Security: Demographic Trends and the Funding Shortfall
The Social Security program pays monthly benefits to retired or disabled workers and their families and to the family members of deceased workers. Social Security, or Old-Age, Survivors, and Disability Insurance (OASDI), is intended to operate primarily as a pay-as-you-go system, where program revenues cover program costs. The OASDI program’s revenues and costs are largely determined by economic and demographic factors. The Social Security program is experiencing rising costs and relatively stable income, a trend that is projected to continue for several decades. Although economic and...
2019 California Wildfires: Brief Overview of FEMA Programs and Resources
Introduction
This Insight provides a brief overview of current Fire Management Assistance Grant (FMAG) declarations and federal assistance programs that may be available.
The National Weather Service (NWS) of the National Oceanic and Atmospheric Administration (NOAA) provides fire weather outlooks intended to delineate areas of the continental United States where “pre-existing fuel conditions, combined with forecast weather conditions during the next eight days, will result in a significant threat for the ignitions and/or spread of wildfires.” These conditions involve combinations of...
Quantum information science (QIS) combines elements of mathematics, computer science, engineering, and physical sciences, and has the potential to provide capabilities far beyond what is possible with the most advanced technologies available today. Although much of the press coverage of QIS has been devoted to quantum computing, there is more to QIS. Many experts divide QIS technologies into three application areas: Sensing and metrology, Communications, and Computing and simulation. The government’s interest in QIS dates back at least to the mid-1990s, when the National Institute of...
Charitable Conservation Contributions: Potential for Abuse?
Taxpayers may be able to claim a charitable deduction for the value of qualified conservation contributions, which include conservation easements. In recent years, deductions for conservation contributions have increased. There are concerns that some of this increase has been driven by syndicated conservation easements, where a pass-through business entity acquires real property on behalf of investors, makes a conservation contribution to a qualified organization, and then allocates the tax benefits among the investors. Conservation contributions made through syndicated conservation...
$7.569 Billion Highway Rescission Approaches
Current funding for the Federal-Aid Highway Program is authorized through September 30, 2020, by the Fixing America’s Surface Transportation Act (FAST Act; P.L. 114-94). However, Section 1438 of the act directs that on July 1, 2020, $7.569 billion of the unobligated balances of highway formula funds apportioned to the states under the law be permanently rescinded.
Rescissions are provisions in law that cancel the availability of previously enacted budget authority before the budget authority would otherwise expire.
Why the Rescission Was Included in the FAST Act
The Highway Trust Fund...
Argentina’s Peronist party (officially known as the Partido Justicialista) returned to power in October 27, 2019, presidential elections. Alberto Fernández of the center-left Peronist Frente de Todos (Front for All) coalition defeated current President Mauricio Macri of the center-right Juntos por el Cambio (Together for Change) coalition by a vote of 48.1% to 40.4% in a six-candidate race. Argentina’s economic crisis—marked by recession, high inflation, and increasing poverty—appeared to be the most important factor in the race. Although Macri’s defeat was not unexpected, most polls had...
U.S. Natural Gas: Becoming Dominant
In the beginning of the 21st century, natural gas prices were increasing and the United States was viewed as a growing natural gas importer. Multiple liquefied natural gas (LNG) import terminals were built while existing ones were recommissioned and expanded. However, the market conditions also drove domestic producers to innovate. As average U.S. prices peaked in 2008, domestic shale gas production was brought to market. Improvements in technologies such as hydraulic fracturing and horizontal drilling made the development of unconventional natural gas resources such as shale and other...
The State Department’s Trafficking in Persons Report: Scope, Aid Restrictions, and Methodology
The State Department’s annual release of the Trafficking in Persons report (commonly referred to as the TIP Report) has been closely monitored by Congress, foreign governments, the media, advocacy groups, and other foreign policy observers. The 109th Congress first mandated the report’s publication in the Trafficking Victims Protection Act of 2000 (TVPA; Div. A of the Victims of Trafficking and Violence Protection Act of 2000, P.L. 106-386).
The number of countries covered by the TIP Report has grown over time. In the 2019 TIP Report, released on June 20, 2019, the State Department...
The National Popular Vote (NPV) Initiative: Direct Election of the President by Interstate Compact
The National Popular Vote (NPV) initiative proposes an agreement among the states, an interstate compact that would effectively achieve direct popular election of the President and Vice President without a constitutional amendment. It relies on the Constitution’s grant of authority to the states in Article II, Section 1 to appoint presidential electors “in such Manner as the Legislature thereof may direct.... ” Any state that joins the NPV compact pledges that if the compact comes into effect, its legislature will award all the state’s electoral votes to the presidential ticket that wins...
The following table provides access to names and contact information for CRS experts on policy concerns relating to wildfires. Policy areas identified include federal wildfire policy; federal forest management; federal firefighting assistance; federal emergency management policy; federal preparedness system and response plan; hazard mitigation; armed forces and national guard assistance; supplemental disaster funding; and disaster insurance.
The following table provides access to names and contact information for CRS experts on policy concerns relating to wildfires. Policy areas identified...
Video Broadcasting from the Federal Courts: Issues for Congress
Members of Congress, along with the legal community, journalists, and the public, have long considered the potential merits and drawbacks of using video cameras to record and/or broadcast courtroom proceedings. The first bill to propose video camera use in the federal courts was introduced in the House of Representatives in 1937, and since the mid-1990s, Members of Congress in both chambers have regularly introduced bills to expand the use of cameras in the federal courts and have sometimes held hearings on the subject.
Video cameras are commonly used in state and local courtrooms...
California Wildfires and Bulk Electric System Reliability
Introduction
Many regions of the United States are susceptible to wildfires during droughts, with lightning being a frequent cause. California has been particularly affected in recent years. Since 2000, California has experienced 15 of the 20 most destructive wildfires in the state’s history. However, according to the California Department of Forestry and Fire Protection, electric utilities in California were responsible for several of these wildfires. In 2007, San Diego Gas and Electric was blamed for several wildfires in San Diego County, and in 2017, Southern California Edison was...
MHS Genesis: Background and Issues for Congress
Since 1968, the Department of Defense (DOD) has developed, procured, and sustained a variety of electronic systems to document the health care services delivered to servicemembers, military retirees, and their family members. DOD currently operates a number of legacy electronic health record (EHR) systems. Each system has separate capabilities and functions as a result of new or changing requirements over the past five decades. The primary legacy systems include the Composite Health Care System (CHCS), Armed Forces Health Longitudinal Technology Application (AHLTA), Essentris, and the...
Congressional Access to Information in an Impeachment Investigation
Committee investigations in the House of Representatives can serve several objectives. Most often, an investigation seeks to gather information either to review past legislation or develop future legislation, or to enable a committee to conduct oversight of another branch of government. These inquiries may be called legislative investigations because their legal authority derives implicitly from the House’s general legislative power. Much more rarely, a House committee may carry out an investigation to determine whether there are grounds to impeach a federal official—a form of inquiry...
2018 Farm Bill (P.L. 115-334) Primer Series: A Guide to Omnibus Farm and Food Legislation
This report summarizes a series of In Focus products prepared by CRS on the enacted Agriculture Improvement Act of 2018 (2018 farm bill; P.L. 115-334). The President signed the 2018 farm bill into law in December 2018. To a large extent, the 2018 farm bill continues the general thrust of prior farm and food policy by reauthorizing many of the existing programs through 2023. In some cases, Congress modified existing programs, while also creating new programs and allowing certain other programs to expire.
Broadband Internet Access and the Digital Divide: Federal Assistance Programs
The “digital divide” is a term that has been used to characterize a gap between those Americans who have access to telecommunications and information technologies and those who do not. One important subset of the digital divide debate concerns access to high-speed internet, also known as broadband. Broadband is provided by a series of technologies (e.g., cable, telephone wire, fiber, satellite, and mobile and fixed wireless) that give users the ability to send and receive data at volumes and speeds that support a number of applications including voice communications, entertainment,...
Overview of Continuing Appropriations for FY2020 (P.L. 116-59)
This report provides an analysis of the continuing appropriations provisions for FY2020 included in Division A (Continuing Appropriations Act, 2020) of H.R. 4378. The legislation also included a separate Division B (Health and Human Services Extenders and Other Matters), which extended multiple federal health care programs that were otherwise set to expire September 30, 2019, and provided for some adjustments to additional health programs. This report examines only Division A, the continuing resolution (CR) portion of the legislation. On September 27, 2019, the President signed H.R. 4378...
Financial Inclusion and Credit Access Policy Issues
Access to basic financial products and services is generally considered foundational for households to manage their financial affairs, improve their financial well-being, and graduate to wealth building activities in the future. Financial inclusion in three domains can be particularly important for households: access to bank and other payment accounts; access to the credit reporting system; and access to affordable short-term small-dollar credit. In the United States, robust consumer credit markets allow most consumers to access financial services and credit products to meet their needs...
U.S. Women’s Soccer Team and Equal Pay
U.S. Women’s National Team’s (USWNT) efforts to obtain pay equal to the pay provided to the U.S. Men’s National Team (USMNT) by the U.S. Soccer Federation rose to prominence during the team’s successful quest for the Women’s World Cup 2019, the team’s fourth such title since 1991. The members of the USWNT and USMNT share the same employer, U.S. Soccer, with whom each team has a collective bargaining agreement (CBA). The USWNT efforts have led to discussions over whether U.S. Soccer has complied with key anti-discrimination laws regarding pay equity.
Recent Developments
On March 30, 2016,...
Turkey Sanctions in Pending Legislation: Issues for Congress
Congress is actively considering a variety of bills that could impose sanctions on Turkey. The pending legislation is largely in response to a Turkish-led incursion into Syria (which Turkey calls Operation Peace Spring, or OPS) that began in early October after the Trump Administration announced that the United States was relocating some U.S. Special Forces away from the Syria-Turkey border area. Sanctions imposed via legislation would add to sanctions that the Administration imposed on Turkey in response to OPS, and many would stand until Turkey withdraws from areas it has already...
Unemployment Insurance: Consequences of Changes in State Unemployment Compensation Laws
This report analyzes recent changes to state Unemployment Compensation (UC) programs. Two categories of UC state law issues are considered: (1) changes in the duration of state UC unemployment benefits, and (2) changes in the UC weekly benefit amount.
In recent years, some states have enacted legislation to decrease the maximum number of weeks of regular state UC benefits. Until 2011, all states paid at least up to 26 weeks of UC benefits to eligible, unemployed individuals. In 2011, however, six states passed legislation to decrease their maximum UC benefit durations: Arkansas, Florida,...
The Outdoor Recreation Economy
Congress plays an overarching role in shaping outdoor recreation throughout the nation through legislation and oversight. As Congress continues to debate outdoor recreation issues—including provision of federal resources, planning efforts, and funding—data on the size, distribution, and relative importance of the outdoor recreation economy may inform these debates. Both historical and recent legislative and executive efforts centered on outdoor recreation have identified the economic importance of outdoor recreation. In 2016, Congress passed the Outdoor Recreation Jobs and Economic Impact...
Deficit Financing, the Debt, and “Modern Monetary Theory”
Explaining persistently low interest rates despite large deficits and rising debt has been one of the central challenges of macroeconomists since the end of the Great Recession. This dynamic has led to increasing attention to Modern Monetary Theory (MMT), presented as an alternative to the mainstream macroeconomic way of thinking, in some fiscal policy discussions. Such discussions are at times restricted by a difficulty, expressed by policymakers and economists alike, in understanding MMT’s core principles and how they inform MMT’s views on fiscal policy. MMT suggests that deficit...
Libra: A Facebook-led Cryptocurrency Initiative
On June 18, 2019, Facebook announced that, with 28 other members, it had founded the Libra Association, which planned to launch a new cryptocurrency, called Libra. The association released a white paper that outlined the characteristics of Libra and described its goal of creating a cryptocurrency that would overcome some of the challenges faced by other cryptocurrencies and deliver the possible benefits of the technology on a large scale.
President Trump and Treasury Secretary Mnuchin raised concerns about the Libra project, as did several Members of Congress during Senate Banking...
House and Senate Restaurants: Current Operations and Issues for Congress
Dining facilities in the Capitol and in House and Senate office buildings provide an essential convenience for Members of Congress and congressional staff, enabling them to easily obtain meals, beverages, and snacks, and quickly return to work. By providing an efficient way to meet congressional dining needs during unpredictable workdays, the restaurant systems help facilitate the legislative and representational work of Congress. These restaurants also provide spaces for constituents and other visitors to meet with staff and Members of Congress, or to purchase refreshments. House and...
The District of Columbia Tuition Assistance Grant (DCTAG) Program
To address concerns about the public postsecondary education offerings available to District of Columbia residents, the District of Columbia College Access Act of 1999 (P.L. 106-98) established the District of Columbia Tuition Assistance Grant (DCTAG) program. The program is meant to provide college-bound DC residents with a greater array of choices among institutions of higher education by providing grants for undergraduate education. Grants for study at public institutions of higher education (IHEs) nationwide offset the difference between in-state and out-of-state tuition and fees, up...
Global Vaccination: Trends and U.S. Role
For more than 50 years, the United States has taken an interest in the eradication of vaccine-preventable diseases (VPDs) in children worldwide, as well as vaccine research and development, particularly since playing a vital role in the global campaign to eradicate smallpox in the 1960s. Since then, vaccinating children against VPDs has been a major U.S. foreign policy effort.
Vaccinations are one of the most cost-effective ways to prevent infectious disease and associated morbidity and mortality. According to UNICEF, immunizations save around 3 million lives per year. As of 2019, VPDs...
Unemployment Insurance: Programs and Benefits
Certain benefits may be available to unemployed workers to provide them with income support during a spell of unemployment. The cornerstone of this income support is the joint federal-state Unemployment Compensation (UC) program, which may provide income support through the payment of UC benefits for up to a maximum of 26 weeks in most states. Other programs that may provide workers with income support are more specialized. They may target special groups of workers, be automatically triggered by certain economic conditions, be temporarily created by Congress with a set expiration date, or...
The Federal Bureau of Investigation (FBI) administers a computer system of systems that is used to query federal, state, local, tribal, and territorial criminal history record information (CHRI) and other records to determine an individual’s firearms transfer/receipt and possession eligibility. This FBI-administered system is the National Instant Criminal Background Check System (NICS). NICS, or parallel state systems, must be checked and the pending transfer approved by the FBI or state point of contact before a federally licensed gun dealer may transfer a firearm to any customer who is...
How Measures Are Brought to the Senate Floor: A Brief Introduction
Two basic methods are used by the Senate to bring legislation to the floor for consideration: (1) The Senate, at the majority leader’s request, grants unanimous consent to take up a matter or (2) it agrees to his motion to proceed to consider it. Because the motion to proceed is subject to debate in most circumstances, it is less frequently used. Both methods are derived from the basic premise that the Senate as a body may decide what matters it considers. The Senate may also use the same two methods to bring up executive business (nominations and treaties).
This report will be updated to...
Kosovo’s Election: Early Results May Signal Major Changes
On October 6, 2019, Kosovo held its fourth parliamentary election since declaring independence from Serbia in 2008 (Serbia does not recognize Kosovo’s independence). Opposition parties’ strong performance may result in the most consequential government turnover since independence, with implications for the future direction of the European Union (EU)-facilitated dialogue to normalize relations between Kosovo and Serbia. The United States has long supported Kosovo’s political and economic development, and U.S. officials and many Members of Congress support and have closely followed the...
Public Transit Ridership Continues to Decline
Despite suggestions that ridership on the nation’s public transportation systems is beginning to grow again, available evidence suggests this optimism is premature. According to data from the American Public Transportation Association (APTA), 2018 marked the fourth straight year of declining ridership, falling by about 2.5% from the year before. Total ridership on transit buses and rail systems, including commuter rail services, and ferries in 2018 was below 10 billion for the first time since 2005. More recent quarterly data from APTA show that second-quarter ridership in 2019 was higher...
“Sense of” Resolutions and Provisions
One or both houses of Congress may formally express opinions about subjects of current national interest through freestanding simple or concurrent resolutions (called generically “sense of the House,” “sense of the Senate,” or “sense of the Congress” resolutions). These opinions expressing the views of one or both chambers may be included in other legislation upon introduction or subsequently added by amendment. This report identifies the various forms these expressions may take and the procedures governing such actions.
Expired and Expiring Tax Provisions (“Tax Extenders”): CRS Resources
Some Members of Congress have expressed interest in extending temporary tax provisions that expired at the end of 2017 and 2018, and possibly extending provisions scheduled to expire at the end of 2019. Collectively, temporary tax provisions that are regularly extended as a group by Congress, rather than being allowed to expire as scheduled, are often referred to as “tax extenders.”
Temporary tax provisions were most recently extended in the Bipartisan Budget Act of 2018 (BBA18; P.L. 115-123). BBA18 extended nearly all of the provisions that had expired at the end of 2016, with most...
Congressional Budget Office: Appointment and Tenure of the Director and Deputy Director
The requirements regarding the appointment and tenure of the Congressional Budget Office (CBO) director are set forth in Section 201(a) of the 1974 Congressional Budget Act, as amended, and codified at 2 U.S.C. 601(a). The Speaker of the House of Representatives and the President pro tempore of the Senate jointly appoint the director after considering recommendations received from the House and Senate Budget Committees. The Budget Committee chairs inform the congressional leaders of their recommendations by letter. The appointment is usually announced in the Congressional Record.
Section...
Senate Rule XIV Procedure for Placing Measures Directly on the Senate Calendar
When a Senator introduces a bill or joint resolution, or a House-passed bill or joint resolution is received in the Senate from the House, the measure is often referred to committee pursuant to provisions of Senate Rules XIV, XVII, and XXV. The Senate may, however, use provisions of Senate Rule XIV to bypass referral of a bill or joint resolution to a Senate committee and have the measure placed directly on the Senate Calendar of Business.
Although placing a bill or joint resolution directly on the calendar does not guarantee that the full Senate will ever consider it, the measure is...
DNS over HTTPS—What Is It and Why Do People Care?
Internet pioneer David Clark said: “It’s not that we didn’t think about security. We knew that there were untrustworthy people out there, and we thought we could exclude them.” Those who created the internet were focused on enabling the utility of the network, and a repercussion of their design decisions is that internet security is not inherent but must be retrofitted. Efforts to change one of the internet’s hardwired insecurities—the Domain Name System (DNS)—are ongoing but will be disruptive.
How We Get to Websites Today
When someone wants to visit a website, they type the web address...
Restitution in Federal Criminal Cases
Restitution endeavors to restore victims to the place where they stood when they became victims of crime. It seeks to make them whole and no more. In the case of a corporate or affluent defendant, victim restitution can be substantial; in some cases its value may be largely symbolic; in yet other cases it is irrelevant. Federal prosecutors collect roughly $1 billion a year for the victims of federal crimes. Yet prosecutors will likely never secure more than $1 out every $10 owed, and federal courts rarely, if ever, order restitution from the defendants convicted of the most commonly...
The Diversity Immigrant Visa Program
The purpose of the diversity immigrant visa program (DV program, sometimes called “the green card lottery” or “the visa lottery”) is, as the name suggests, to foster legal immigration from countries other than the major sending countries of current immigrants to the United States. Current law weights the allocation of immigrant visas primarily toward individuals with close family in the United States and, to a lesser extent, toward those who meet particular employment needs. The diversity immigrant category was added to the Immigration and Nationality Act (INA) by the Immigration Act of...
Restitution in Federal Criminal Cases: A Sketch
Restitution endeavors to restore victims to the place where they stood when they became victims of crime. It seeks to make them whole and no more. In the case of a corporate or affluent defendant, victim restitution can be substantial; in some cases its value may be largely symbolic; in yet other cases it is irrelevant. Federal prosecutors collect roughly $1 billion a year for the victims of federal crimes. Yet prosecutors will likely never secure more than $1 out every $10 owed, and federal courts rarely, if ever, order restitution from the defendants convicted of the most commonly...
On October 4, 2019, the Department of Labor (DOL) published a final rule in the Federal Register on the states’ ability to drug test certain unemployment compensation (UC) applicants. The UC drug testing rule is a reissued version of an Obama Administration rule that was disapproved in the 115th Congress under the Congressional Review Act (CRA; P.L. 115-17). DOL had previously published a proposed version of the rule on November 5, 2018. The rule is set to take effect on November 4, 2019.
Notably, this is the first time an agency has reissued a rule after the original version was...
Turkish Incursion into Syria: U.S. Policy Implications
On October 9, Turkish President Recep Tayyip Erdogan announced the start of “Operation Peace Spring,” which he stated would target both Kurdish and Islamic State (IS, aka ISIL/ISIS) fighters in northern Syria. Turkey then launched an air and ground assault against Kurdish forces. Turkey’s foreign minister has stated that Turkish forces plan to go 18 miles into Syrian territory, and eventually to occupy a corridor along the border. The commander of the Kurdish-led Syrian Democratic Forces (SDF) had stated that the SDF would resist, and fighting has escalated.
The launch of the operation...
The Fair Labor Standards Act (FLSA), enacted in 1938, is the main federal law that establishes general wage and hour standards for most, but not all, private and public sector employees. Among other protections, the FLSA establishes that covered nonexempt employees must be compensated at one-and-a-half times their regular rate of pay for each hour worked over 40 hours in a workweek.
The FLSA also establishes certain exemptions from its general labor market standards. One of the major exemptions to the overtime provisions in the FLSA is for bona fide “executive, administrative, and...
The Congressional Arts Caucus and the Congressional Art Competition: History and Current Practice
Sponsored by the Congressional Arts Caucus, and known in recent years as “An Artistic Discovery,” the Congressional Art Competition is open to high school students nationwide. Begun in 1982, the competition, based in congressional districts, provides the opportunity for Members of Congress to encourage and recognize the artistic talents of their young constituents. Since its inception, more than 650,000 high school students nationwide have been involved in the program.
Each year, the art of one student per participating congressional district is selected to represent the district. The...
Capital Markets: Asset Management and Related Policy Issues
The asset management industry is large and complex. Asset management companies—also known as investment management companies, or asset managers—are companies that manage money for a fee with the goal of growing it for those who invest with them. The most well-known product these companies create are investment funds. Many types of investment funds exist, including mutual funds, exchange-traded funds (ETFs), hedge funds, private equity, and venture capital. Their business practices and the types of regulatory requirements to which they are subject are far from standardized. Investment funds...
CFPB Proposes New Debt Collection Regulation
On May 21, 2019, the Bureau of Consumer Financial Protection (CFPB) issued a Notice of Proposed Rulemaking to implement the Fair Debt Collection Practices Act (FDCPA; 15 U.S.C. §1692). Congress passed the FDCPA in 1977 to “eliminate abusive debt collection practices by debt collectors.” The CFPB’s proposal would clarify how certain debt collectors may communicate with consumers and what information they must disclose.
This Insight begins with an overview of the debt collection market and its regulation. It then analyzes major parts of the CFPB’s proposed rule and reactions to the proposal...
U.S. Offshore Aquaculture Regulation and Development
Regulatory uncertainty has been identified as one of the main barriers to offshore aquaculture development in the United States. Many industry observers have emphasized that congressional action may be necessary to provide statutory authority to develop aquaculture in offshore areas. Offshore aquaculture is generally defined as the rearing of marine organisms in ocean waters beyond significant coastal influence, primarily in the federal waters of the exclusive economic zone (EEZ). Establishing an offshore aquaculture operation is contingent on obtaining several federal permits and...
Federal Reserve: Recent Repo Market Intervention
This Insight examines the Federal Reserve’s (Fed’s) recent intervention in the repo (repurchase agreement) market in response to a sudden and brief spike in repo rates to almost 10% (see Figure 1). Figure 1. Repo Rates 2018-2019 / Source: St. Louis Fed, FRED. Note: As measured by the Secured Overnight Financing Rate. After a short blip, the Fed stabilized financial conditions by offering up to $250 billion in repo markets. This was the first time it has lent in repo markets—although it has regularly borrowed in repo markets—since the financial crisis (see Figure 2). Background In a repo,...
U.S.-China Tariff Actions by the Numbers
Since early 2018, the United States and China have imposed a series of tariffs against one another’s products. These tariffs now affect the majority of trade between the two countries. U.S. tariffs imposed under Section 301 of the Trade Act of 1974 (which followed an investigation on China’s intellectual property rights practices) and China’s retaliatory tariffs affect the largest share of U.S.-China trade. Earlier U.S. tariffs (and Chinese retaliation) on steel and aluminum (Section 232) and solar panels and washing machines (Section 201) also affect U.S.-China trade. The Trump...
The Temporary Assistance for Needy Families Block Grant: Legislative Issues in the 116th Congress
The Temporary Assistance for Needy Families (TANF) block grant was created by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA; P.L. 104-193). That law culminated four decades of debate about how to revise or replace the Aid to Families with Dependent Children (AFDC) program. Most AFDC assistance was provided to families headed by single mothers who reported no work in the labor market, and the debates focused on whether such aid led to dependency on assistance by discouraging work and the formation and maintenance of two-parent families.
TANF provides a...
Executive Privilege and Individuals outside the Executive Branch
White House assertions of executive privilege for presidential communications have historically been confined to individuals who were executive branch employees when those communications occurred. While the idea that executive privilege could extend to individuals outside the executive branch predates the Trump Administration, it appears that recent testimony by Kris Kobach, former Kansas Secretary of State, and Corey Lewandowski, former manager of Donald Trump’s 2016 presidential campaign, are likely the first times the executive branch has actually made such an assertion to Congress.
Use...
Electricity Storage: Applications, Issues, and Technologies
Electricity, as it is currently produced, is largely a commodity resource that is interchangeable with electricity from any other source. Since opportunities for the large-scale storage of electricity are few, it is essentially a just-in-time resource, produced as needed to meet the demand of electricity-consuming customers. Climate change mitigation has increased the focus on the use of renewable electricity. While energy storage is seen as an enabling technology with the potential to reduce the intermittency and variability of wind and solar resources, energy storage resources would have...
Human Rights in China and U.S. Policy: Issues for the 116th Congress
This report examines selected human rights issues in the People’s Republic of China (PRC) and policy options for Congress. U.S. concern over human rights in China has been a central issue in U.S.-China relations, particularly since the Tiananmen crackdown in 1989. In recent years, human rights conditions in China have deteriorated, while bilateral tensions related to trade and security have increased, possibly creating both constraints and opportunities for U.S. policy on human rights.
After consolidating power in 2013, Chinese Communist Party (CCP) General Secretary and State President Xi...
Expedited Removal of Aliens: Legal Framework
The federal government has broad authority over the admission of non-U.S. nationals (aliens) seeking to enter the United States. The Supreme Court has repeatedly held that the government may exclude such aliens without affording them the due process protections that traditionally apply to persons physically present in the United States. Instead, aliens seeking entry are entitled only to those procedural protections that Congress has expressly authorized. Consistent with this broad authority, Congress established an expedited removal process for certain aliens who have arrived in the United...
Individuals may be subject to certain restrictions when leaving the government for private employment or joining the government from the private sector. These restrictions were enacted in response to what is often referred to as the revolving door. Generally, the revolving door is described as the movement of individuals between the public and private sector. Individuals may move because they possess policy and procedural knowledge and have relationships with former colleagues that are useful to prospective employers.
Laws attempting to restrict the movement of individuals between the...
Frequently Asked Questions About Flag Law
The “flag code” is the federal law that sets forth guidelines for the appearance and display of the U.S. flag (“flag”) by private citizens. These guidelines specify times and conditions for display of the flag, manners and methods of display, and buildings where such display should occur. The guidelines for flag display vary based on the context and occasion, and there are detailed specifications for displaying flags at “half-staff.” The flag code also specifies how to deliver the Pledge of Allegiance to the flag and appropriate conduct while watching a performance of the National Anthem....
Attacks Against Saudi Arabia: Ramifications for Natural Gas
The attacks against Saudi Arabia’s oil infrastructure on Saturday, September 14, 2019, poses consequences for natural gas in the region and globally. Qatar, which borders Saudi Arabia and is one of the top two liquefied natural gas (LNG) exporters along with Australia, exported about 25% of the world’s LNG in 2018. All of Qatar’s exports must transit the Strait of Hormuz (see Figure 1), which is a well-known transit chokepoint. Additionally, LNG exports from the United Arab Emirates (UAE), which were less than 2% of global exports, also transit the Strait of Hormuz; Oman’s LNG exports, 3%...
The Annual Sequester of Mandatory Spending through FY2029
The Budget Control Act of 2011 (BCA; P.L. 112-25) included two parts: discretionary spending caps, plus a “Joint Committee process” to achieve an additional $1.2 trillion in budgetary savings over FY2013-FY2021.
For the initial tranche of savings, the BCA placed statutory limits on discretionary spending for each fiscal year from FY2012 through FY2021. At the time of enactment, the BCA discretionary spending caps were projected to save $917 billion.
For the second, and larger, tranche of savings, the BCA established a bipartisan, bicameral Joint Select Committee on Deficit Reduction...
EPA Repeals the Clean Power Plan and Finalizes Affordable Clean Energy Rule
The U.S. Environmental Protection Agency (EPA) finalized its repeal of the Clean Power Plan (CPP) and promulgated new emissions guidelines in the Affordable Clean Energy (ACE) rule. EPA based these actions on its conclusion that the CPP exceeded Clean Air Act (CAA) authority by using measures that applied to the power sector as a whole rather than measures carried out within an individual facility. Among other things, the final ACE rule establishes efficiency improvements as the “best system of emission reduction” (BSER) for existing coal-fired power plant greenhouse gas (GHG) emissions....
U.S. Farm Support: Compliance with WTO Commitments
As a member of the World Trade Organization (WTO) agreements, the United States has committed to abide by WTO rules and disciplines, including those that govern domestic farm policy as spelled out in the Agreement on Agriculture (AoA). Since establishment of the WTO on January 1, 1995, the United States has complied with its WTO spending limits on market-distorting types of farm program outlays (referred to as amber box spending). However, the addition of large, new trade assistance payments to producers in 2018 and 2019, on top of existing farm program support, has raised concerns by some...
The increasing complexity and automation of flight control systems pose a challenge to federal policy regarding aircraft certification and pilot training. Despite significant commercial aviation safety improvements over the past two decades, flight control automation and aircraft complexity have been cited as contributing factors in a number of major airline accidents, including two high-profile crashes overseas involving the recently introduced Boeing 737 Max variant in 2018 and 2019. These crashes have directed attention to Federal Aviation Administration (FAA) oversight of aircraft type...
Millennium Challenge Corporation: Overview and Issues
The Millennium Challenge Corporation (MCC) provides economic assistance through a competitive selection process to developing nations that demonstrate positive performance in three areas: ruling justly, investing in people, and fostering economic freedom. From the outset, Congress has been integrally involved with MCC’s creation, mandate, operations, and budgets.
Established in 2004, MCC provides foreign assistance that differs in several respects from U.S. aid through other agencies, including
a competitive process that rewards countries for past actions measured by objective performance...
On September 17, 2019, under suspension of the rules, the House passed H.R. 2486, the FUTURE Act. H.R. 2486 was subsequently placed on the Senate Legislative Calendar under General Orders. If enacted, H.R. 2486 would amend Title III-F of the Higher Education Act of 1965 (HEA; P.L. 89-329, as amended) to sustain mandatory appropriations for certain programs for Historically Black Colleges and Universities and Minority-Serving Institutions (hereinafter, collectively referred to as MSIs) that would otherwise expire at the end of FY2019. To offset MSI funding, H.R. 2486 would eliminate the...
The Budget Control Act: Frequently Asked Questions
When there is concern with deficit or debt levels, Congress will sometimes implement budget enforcement mechanisms to mandate specific budgetary policies or fiscal outcomes. The Budget Control Act of 2011 (BCA; P.L. 112-25), which was signed into law on August 2, 2011, includes several such mechanisms.
The BCA as amended has three main components that currently affect the annual budget. One component imposes annual statutory discretionary spending limits for defense and nondefense spending. A second component requires annual reductions to the initial discretionary spending limits...
Strategic Petroleum Reserve: Mandated Sales and Reform
The Strategic Petroleum Reserve (SPR), administered by the Department of Energy (DOE), has played a role in U.S. energy policy for over 40 years. Over that time, its primary focus has changed from its original intent as world oil market conditions have changed. Originally intended to offset the market power of cartels and prevent economic damage from oil supply disruption, it has become primarily a tool for combatting the fuel market effects of domestic natural disasters like hurricanes. Most recently, U.S. net imports of oil and petroleum products have decreased as a result of the...
Bahamas: Response to Hurricane Dorian
On September 1-2, 2019, Hurricane Dorian, a Category 5 storm with winds of 180 miles per hour and storm surges of up to 23 feet, caused widespread damage to the islands of Grand Bahama and Abaco in the northwestern Bahamas, a country of some 700 islands off the southeast coast of the United States (see Figure 1). The official death toll is 53 as of September 25 (with the majority on Abaco) but is expected to rise. The number of missing is estimated at around 600 (down from an original estimate of 2,500), according to the Bahamian government’s National Emergency Management Agency (NEMA)....
Attacks on Saudi Oil Facilities: Effects and Responses
September 14, 2019, saw an attack on Saudi Aramco’s, Saudi Arabia’s national oil company, Abqaiq oil processing facility and Khurais oil field and processing plant. The attack, which used both missiles and drones, temporarily disrupted 5.7 million barrels per day (mb/d) of oil production, over half of Saudi Arabia’s oil production and about 5% of global supply. For context, U.S. crude oil production is approximately 12 mb/d.
Abqaiq Facility
Abqaiq is a key processing facility for Saudi Arabia crude. Two important functions provided by Abqaiq include (1) crude oil stabilization, a process...
The Defense Budget and the Budget Control Act: Frequently Asked Questions
Enacted on August 2, 2011, the Budget Control Act of 2011 as amended (P.L. 112-25, P.L. 112-240, P.L. 113-67, P.L. 114-74, P.L. 115-123, and P.L. 116-37) sets limits on defense and nondefense discretionary spending. As part of an agreement to increase the statutory limit on public debt, the BCA aimed to reduce annual federal budget deficits by a total of at least $2.1 trillion from FY2012 through FY2021, with approximately half of the savings to come from defense.
The spending limits (or caps) apply separately to defense and nondefense discretionary budget authority. Budget authority is...
Military Funding for Southwest Border Barriers
The Department of Defense (DOD, or the Department) has played a prominent role in the Trump Administration’s border security strategy because of controversies related to $13.3 billion in defense funding it has sought to use for border barrier construction projects not otherwise authorized by Congress. These defense funds would comprise a complex mix of DOD program savings and unobligated military construction funds from past years ($6.1 billion), as well as a request for new appropriations in FY2020 ($7.2 billion). An additional $2 billion in non-DOD appropriations are often cited as part...
Attacks Against Saudi Oil Rattle Markets
September 14, 2019, saw a successful attack against major oil infrastructure in Saudi Arabia (the largest oil exporter), which temporarily disrupted 5.7 million barrels of daily production (mb/d), over half of Saudi oil production and about 5% of global supply. For context, U.S. crude oil production is approximately 12 mb/d. Global oil markets have responded with an initial price increase and subsequent pullback. The magnitude and duration of the price rise will depend on many factors, such as repair time, additional supplies, the potential confirmation of the perpetrator, and any related...
China’s Retaliatory Tariffs on U.S. Agriculture: In Brief
From 2010 through 2016, China was the top destination for U.S. agricultural exports based on value. In 2017, Canada became the top destination for U.S. agricultural products, and China and Mexico tied for second. However, starting in early 2018 the United States undertook several trade actions against China (and other countries) that precipitated retaliatory trade actions between the two countries. The result of this trade war was a decline in trade between the United States and China. In 2018, U.S. agricultural exports to China declined 53% in value to $9 billion from $19 billion in...
U.S. Payment System Policy Issues: Faster Payments and Innovation
Technological advances in digitization and data processing and storage have greatly increased the availability and convenience of electronic payments. New products and services offer faster, more convenient payment for individuals and businesses, and the numerous options on offer foster competition and innovation among end-user service providers. Currently, many new payment services are layered on top of existing electronic payment systems, which may limit their speed.
Most payments flow through both retail and wholesale payment systems before they are completed. Consumers access retail...
U.N. Peacekeeping Operations in Africa
Many Members of Congress have demonstrated an interest in the mandates, effectiveness, and funding status of United Nations (U.N.) peacekeeping operations in Africa as an integral component of U.S. policy toward Africa and a key tool for fostering greater stability and security on the continent. As of September 2019, there are seven U.N. peacekeeping operations in Africa:
the U.N. Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA);
the U.N. Multidimensional Integrated Stabilization Mission in Mali (MINUSMA);
the U.N. Interim Security Force for...
Health Benefits for Retired United Mine Workers of America Members
Eligible United Mine Workers of America (UMWA) members receive post-retirement health and pension benefits from one of three multiemployer health benefit plans and one multiemployer pension plan. A multiemployer plan is sponsored by employers in the same industry and is maintained as part of a collective bargaining agreement. The three UMWA health plans are the (1) Combined Benefit Fund (CBF), (2) UMWA 1992 Health Benefit Plan (1992 Plan), and (3) UMWA 1993 Health Benefit Plan (1993 Plan). The UMWA 1974 Pension Plan pays pension benefits.
Funding for the UMWA Retiree Health Plans
The...
The Endangered Species Act and Climate Change: Selected Legal Issues
For more than a decade, federal agencies have grappled with how to address climate change effects when implementing the Endangered Species Act of 1973 (ESA). The ESA aims to protect threatened and endangered fish, wildlife, and plants from extinction. As set forth by Congress, one of the main purposes of the ESA is to “provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved.”
The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) have acknowledged that the changing...
U.S. Farm Income Outlook: August 2019 Forecast
This report uses the U.S. Department of Agriculture’s (USDA) farm income projections (as of August 30, 2019) and agricultural trade outlook update (as of August 29, 2019) to describe the U.S. farm economic outlook. According to USDA’s Economic Research Service (ERS), national net farm income—a key indicator of U.S. farm well-being—is forecast at $88 billion in 2019, up $4 billion (+4.8%) from last year. However, the forecast rise in 2019 net farm income is largely the result of a 42.5% increase in government payments to the agricultural sector valued at $19.5 billion (highest since 2005)....
The Coast Guard’s Need for Experienced Marine Safety Personnel
For at least four decades, Congress has been concerned about the Coast Guard’s ability to maintain an adequate staff of experienced marine safety personnel to ensure that vessels meet federal safety standards. The 2015 sinking of the U.S.-flag cargo ship El Faro during a hurricane near the Bahamas with the loss of 33 lives renewed attention to the Coast Guard’s persistent difficulty with hiring and training a marine safety workforce with technical knowledge of vessel construction and accident investigation, as the safety inspections of the vessel were found to have been inadequate. In the...
Air Force T-7A Red Hawk Trainer
NOTE: This report was originally written by Ceir Coral while he was an Air Force Fellow at the Congressional Research Service. Since his departure, it has been maintained by Jeremiah Gertler of CRS.
On September 27, 2018, the United States Air Force (USAF) awarded The Boeing Company a contract, worth up to $9.2 billion, to procure 351 Advanced Pilot Training (APT T-X) aircraft and 46 Ground-Based Training Systems (GBTS) to replace the existing fleet of T-38C jet trainers. The Air Force had originally valued the contract at roughly $19.7 billion. Information on the value of other...
Ground Electronic Warfare: Background and Issues for Congress
Ground electronic warfare (EW) is a group of programs directed by the Army and Marine Corp which are designed to effect ground forces use of the electromagnetic spectrum. The U.S. military has several ground EW programs that are used for different missions. These programs can broadly be categorized into counter-improvised explosive device (C-IED) systems, counter-unmanned aerial systems (C-UAS), and communications and radar jammers. Over the past several years, senior leaders in the Army and Marine Corps have testified about the need to improve EW capabilities.
Role of EW in Ground...
Federal and State Regulation of Student Loan Servicers: A Legal Overview
As the federal government’s role in the student loan industry has expanded over time, the United States has contracted with student loan servicers to help it administer its growing student loan portfolio. These servicers perform a variety of functions, including (1) communicating with borrowers regarding repayment; (2) disclosing information about student loan terms to borrowers; (3) applying payments to outstanding loan balances; (4) processing applications for enrollment in repayment plans; and (5) processing requests for loan forbearance and deferment. Several federal statutes and...
Availability of Unemployment Benefits for Affected Federal Employees During a Government Shutdown
During the last decade (FY2014, FY2018, and FY2019), there have been several periods when appropriations for significant portions of federal agencies and programs lapsed without immediate new budgetary authority. As a result, some federal employees were temporarily furloughed. These “shutdown furloughs” happen when a federal government agency or program lacks budget authority and experiences a “funding gap” under the Antideficiency Act (31 U.S.C. §§1341 et seq.). In general, a funding gap requires that these agencies and programs cease operations, except in certain circumstances when...
The CCC Anomaly in an FY2020 Continuing Resolution
In late August 2019, the Office of Management and Budget (OMB) requested a special provision for the Commodity Credit Corporation (CCC) among its list of appropriations issues for Congress to consider under a continuing resolution (CR). In addition to the general provisions that extend the previous year’s appropriation for a specific term, CRs often include provisions that are specific to certain agencies, accounts, or programs. These “anomalies” are departures from a CR that modify the timing, amount, or purpose for which any referenced funding is extended. OMB cites the need for...
Immigration Detention: A Legal Overview
The Immigration and Nationality Act (INA) authorizes—and in some cases requires—the Department of Homeland Security (DHS) to detain non-U.S. nationals (aliens) arrested for immigration violations that render them removable from the United States. An alien may be subject to detention pending an administrative determination as to whether the alien should be removed, and, if subject to a final order of removal, pending efforts to secure the alien’s removal from the United States. The immigration detention scheme is multifaceted, with different rules that turn on several factors, such as...
Immigration Relief Options for Bahamians After Hurricane Dorian
Hurricane Dorian made landfall as a Category 5 storm over the northern Bahamas on September 1, 2019, causing extensive damage to Abaco and Grand Bahama Islands, with a combined population of almost 70,000 people (the entire country has an estimated population of almost 390,000). The U.S. government, along with international humanitarian entities, is coordinating with the Government of the Commonwealth of the Bahamas in the relief effort. As of September 12, the United States had contributed almost $10.2 million in humanitarian assistance to the Bahamas in response to the hurricane.
As a...
The TIGER/BUILD Program at 10 Years: An Overview
The Transportation Investments Generating Economic Recovery (TIGER) grant program is a discretionary program providing grants to surface transportation projects on a competitive basis, with recipients selected by the U.S. Department of Transportation (DOT). It originated in the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5), where it was called “national infrastructure investment” (as it has been in subsequent appropriations acts); in FY2018 the program was renamed the Better Utilizing Investments to Leverage Development (BUILD) program.
Although the program’s stated...
Retaliatory Tariffs and U.S. Agriculture
Certain foreign nations have targeted U.S. food and agricultural products with retaliatory tariffs since early 2018 in response to U.S. Section 232 tariffs on steel and aluminum imports and Section 301 tariffs levied on U.S. imports from China. Retaliatory tariffs have made imports of U.S. agricultural products relatively more expensive compared to similar products from competitor nations. In the short run, U.S. shipments of products to countries with retaliatory tariffs have declined, reducing overall global demand for affected U.S. agricultural products and driving down the prices of...
Holocaust-Era Insurance Claims: Background and Issues for Congress
In November 1998, U.S. insurance regulators, six European insurers, international Jewish organizations, and the State of Israel agreed to establish the International Commission on Holocaust Era Insurance Claims (ICHEIC). ICHEIC was tasked with identifying policyholders and administering payment of hundreds of thousands of Holocaust-era insurance policies that had never been honored by European insurance companies. It ended its claims process in March 2007, having offered payments totaling about $306 million to 48,263 claimants. An additional $169 million was allocated to a “humanitarian...
Mozambique: Politics, Economy, and U.S. Relations
Mozambique, a significant recipient of U.S. development assistance, is a southeastern African country nearly twice the size of California, with a population of 27.9 million people. It achieved rapid growth following a postindependence civil war (1977-1992), but faces a range of political, economic, and security challenges. These include a political scandal over state-guaranteed, allegedly corrupt bank loans received by state-owned firms, which created public debt that the government did not disclose to the International Monetary Fund (IMF). This placed the country’s relations with the IMF...
Over the past decade, Google, Amazon, Facebook, and Apple (“Big Tech” or the “Big Four”) have revolutionized the internet economy and affected the daily lives of billions of people worldwide. While these companies are responsible for momentous technological breakthroughs and massive wealth creation, they have also received scrutiny related to their privacy practices, dissemination of harmful content and misinformation, alleged political bias, and—as relevant here—potentially anticompetitive conduct. In June 2019, the Wall Street Journal reported that the Department of Justice (DOJ) and...
Household Debt Among Older Americans, 1989-2016
In the past three decades, debt has grown substantially among older Americans. The increase in debt among older Americans has raised concerns about financial security for people near or during retirement, not only because Americans aged 65 and older represent a large and growing proportion of the U.S. population, but also because increases in household debt might require retirees to devote a larger share of their fixed income from Social Security, pensions, or government subsidies toward paying debt. Older people also tend to have limited ability to adjust their labor supply to offset...
Immigration: Nonimmigrant (Temporary) Admissions to the United States
U.S. law provides for the temporary admission of foreign nationals. Nonimmigrants are foreign nationals who are admitted for a designated period of time and a specific purpose. There are 24 major nonimmigrant visa categories, which are commonly referred to by the letter and numeral that denote their subsection in the Immigration and Nationality Act (INA); for example, B-2 tourists, E-2 treaty investors, F-1 foreign students, H-1B temporary professional workers, J-1 cultural exchange participants, or S-5 law enforcement witnesses and informants.
A U.S. Department of State (DOS) consular...
Hong Kong Chief Executive Lam to Withdraw Extradition Bill; Protests Continue
Hong Kong’s Chief Executive Carrie Lam Cheng Yuet-ngor announced on September 4, 2019, that she will formally withdraw the controversial extradition bill that touched off three months of large-scale protests across the city. While acknowledging Lam’s concession, various groups that support the ongoing protests have stated they intend to continue to organize demonstrations until Lam and the Hong Kong government comply with the protesters’ “five demands” in full (see text box). On September 8, 2019, tens of thousands of people gathered outside the U.S. Consulate General in Hong Kong urging...
Congressional Action on FY2019 Appropriations Measures: 115th and 116th Congresses
Congress annually considers 12 regular appropriations measures to provide discretionary funding for federal government activities and operations. For FY2019, appropriations actions spanned two Congresses, between which there was a change in the majority party in the House.
The process of drafting, considering, and enacting FY2019 appropriations began in early 2018 and included the House and Senate Appropriations Committees each marking up and reporting all 12 annual appropriations bills by the end of July. Five appropriations bills in the 115th Congress were enacted into law by the start...
Systemic Risk And The Long-Term Capital Management Rescue
In September 1998, the Federal Reserve Bank of New York coordinated a rescue of Long-Term Capital Management (LTCM), a hedge fund that was on the brink of failure. The survival of a hedge fund, a private investment partnership available only to wealthy individuals and institutions, is normally not a matter of public concern. This case was different: LTCM had used such extensive leverage —it had augmented the size of its investments by borrowing and through use of derivative financial instruments — that its failure seemed to carry a “systemic” risk to financial markets in general and to the...
Suicide Rates and Risk Factors for the National Guard
In the past decade, federal and state governments have made a sustained effort to improve suicide prevention and response for the Armed Forces through funding, oversight, and legislation to enhance mental health and resiliency programs. The Department of Defense’s Suicide Prevention Office (DSPO) has reported that overall military suicide rates for the Active and Reserve Components are generally comparable with those of the general U.S. population when adjusting for demographics (i.e., the military is younger and has a greater percentage of men than the general U.S. population). However,...
Overseas Contingency Operations Funding: Background and Status
Congressional interest in Overseas Contingency Operation (OCO) funding has continued as Members debate ways of funding priorities without breaching discretionary spending limits set in law.
Since the terrorist attacks of September 11, 2001, Congress has appropriated $2 trillion in discretionary budget authority designated as emergency requirements or for Overseas Contingency Operations/Global War on Terrorism (OCO/GWOT) in support of the broad U.S. government response to the 9/11 attacks and for other related international affairs activities. This figure amounts to 9.5% of total...
Hurricane Dorian: FEMA and Additional Storm-Related Resources
Introduction
On September 6, Hurricane Dorian made landfall as a category 1 storm at Cape Hatteras, North Carolina. This Insight provides a brief overview of emergency and major declarations and federal assistance programs potentially available to those affected by Hurricane Dorian. It also lists resources for forecast information, hurricane and flooding information, and selected CRS reports on federal emergency management policy.
The National Oceanic and Atmospheric Administration (NOAA) has issued watches and warnings for Hurricane Dorian, a storm slightly northeast of Cape Hatteras,...
New U.S. Sanctions on Venezuela
In August 2019, the Trump Administration expanded Venezuela-related sanctions by blocking all assets and interests of the Nicolás Maduro government in the United States. It also authorized sanctions against those who materially support the Maduro government or others already designated for sanctions, with exemptions for humanitarian aid.
Since recognizing Juan Guaidó, head of the National Assembly, as interim president of Venezuela in January 2019, the Administration has increased sanctions on the Maduro government in an effort to compel Maduro to leave office so a Guaidó-led transition...
Party Leaders in the United States Congress, 1789-2019
This report briefly describes current responsibilities and selection mechanisms for 15 House and Senate party leadership posts and provides tables with historical data, including service dates, party affiliation, and other information for each. Tables have been updated as of the report’s issuance date to reflect leadership changes.
Although party divisions appeared almost from the First Congress, the formally structured party leadership organizations now taken for granted are a relatively modern development. Constitutionally specified leaders, namely the Speaker of the House and the...
The United States and the People’s Republic of China (PRC or China) are involved in a prolonged stand-off over trade and in competition that is spilling from political and military areas into a growing number of other spheres, including technology, finance, and education, severely straining ties on the 40th anniversary of the two countries’ establishment of diplomatic relations. The two lead the world in the size of their economies, their defense budgets, and their global greenhouse gas emissions. Both countries are permanent members of the United Nations (U.N.) Security Council. In 2018,...
Surface Transportation Reauthorization and the America’s Transportation Infrastructure Act (S. 2302)
Federal rulemaking is an important mechanism through which the federal government implements policy. Federal agencies issue regulations pursuant to statutory authority granted by Congress. Therefore, Congress may have an interest in performing oversight of those regulations, and measuring federal regulatory activity can be one way for Congress to conduct that oversight. The number of federal rules issued annually and the total number of pages in the Federal Register are often referred to as measures of the total federal regulatory burden.
Certain methods of quantifying regulatory...
Congress determines through legislative action both the size and structure of the federal judiciary. Consequently, the creation of any new permanent or temporary U.S. circuit and district court judgeships must be authorized by Congress. A permanent judgeship, as the term suggests, permanently increases the number of judgeships in a district or circuit, while a temporary judgeship increases the number of judgeships for a limited period of time.
Congress last enacted comprehensive judgeship legislation in 1990. Since then, there have been a relatively smaller number of district court...
State Department and Related Agencies FY2000 Appropriations
On February 1, 1999 the President submitted his FY2000 budget request which, after being amended in June, included $6.3 billion for the Department of State and the Broadcasting Board of Governors. This represents a decline of $683 million (or 9.8%) from the FY1999 enacted level which consists of regular appropriations and an emergency supplemental appropriation for embassy security, among other measures. Congress approved the conference report (H.Rept.106-398) on October 20, 1999. The President vetoed the CJS legislation on October 25th, citing the need for hate crime legislation, the...
Greenland, Denmark, and U.S. Relations
In August 2019, President Trump expressed interest in purchasing Greenland—a self-governing part of the Kingdom of Denmark—due to the island’s strategic location in the Arctic and its increasingly accessible natural resources. After Greenlandic and Danish officials asserted that Greenland is “open for business, not for sale,” President Trump canceled a previously scheduled state visit to Denmark in early September and subsequently objected to Danish Prime Minister Mette Frederiksen’s description of his proposal as “absurd.” The incident sparked tensions with Denmark—a close U.S. ally in...
The following table provides access to names and contact information for CRS experts on policy concerns relating to flooding events in the United States. Policy areas identified include disaster assistance and recovery matters, and impacts such as displaced residents and business, losses in agricultural production, disruptions in transportation (river, rail, and highway), problems with water treatment and supply; responses and recovery operations such as disaster declarations and federal assistance, public health provisions, federal flood insurance, agricultural disaster relief and...
The Individuals with Disabilities Education Act (IDEA) Funding: A Primer
Since the enactment of P.L. 94-142, the predecessor legislation to the Individuals with Disabilities Education Act (IDEA), in 1975, the federal government has played a prominent role in encouraging the principle of educational equality for children with disabilities through a permanent, broad-scale federal assistance program. The IDEA is a grants statute that provides federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, that states agree to provide a free appropriate public education (FAPE; i.e., specially designed...
Wild and Scenic Rivers: Designation, Management, and Funding
Congress established the National Wild and Scenic Rivers System (NWSRS) in 1968 through the Wild and Scenic Rivers Act (WSRA; P.L. 90-542) to preserve free-flowing rivers for the benefit and enjoyment of present and future generations and to complement the then-current national policy of constructing dams and other river structures that altered flow. Designated rivers usually are referred to as wild and scenic rivers (WSRs). The WSRA established three classes of WSRs—wild, scenic, and recreational—reflecting the characteristics of the rivers at the time of designation and affecting the...
Domestic Food Assistance: Summary of Programs
Over the years, Congress has authorized and the federal government has administered programs to provide food to the hungry and to other vulnerable populations in this country. This report offers a brief overview of hunger and food insecurity along with the related network of programs. The report is structured around three main tables that contain information about each program, including its authorizing language, administering agency, eligibility criteria, services provided, participation data, and funding information. In between the tables, contextual information about this policy area...
State and Local Financing of Public Schools
The funding of public elementary and secondary schools in the United States involves a combination of local, state, and federal government revenues, in proportions that vary substantially both across and within states. According to the most recent data, state governments provide 47.0% of these revenues, local governments provide 44.8%, and the federal government provides 8.3%. Over the last several decades, the share of public elementary and secondary education revenues provided by state governments has increased, the share provided by local governments has decreased, and the federal share...
Supreme Court October Term 2018: A Review of Selected Major Rulings
The Supreme Court term that began on October 1, 2018, was a term of transition, with the Court issuing a number of rulings that, at times, suggested but did not fully adopt broader transformations in its jurisprudence. The term followed the retirement of Justice Kennedy, who was a critical vote on the Court for much of his 30-year tenure and who had been widely viewed as the Court’s median or “swing” Justice. As a result, the question looming over the October 2018 Term was how the replacement of Justice Kennedy with Justice Kavanaugh would alter the Court’s jurisprudence going...
Missing Adults: Background, Federal Programs, and Issues for Congress
Adults may go missing due to personal choice, an abduction, foul play, a mental or physical disability, or a natural catastrophe, among other reasons. No accurate estimates exist of the number of missing adults; however, approximately 56,000 cases of missing adults (age 18 and older) were pending in the Federal Bureau of Investigation’s (FBI) National Crime Information Center (NCIC) system, a computerized index with data on crimes and locator files for missing and unidentified persons. Certain adults are particularly vulnerable to missing episodes; for example, those with dementia are at...
Payroll Tax Cuts as Economic Stimulus: Past Experience and Economic Considerations
A range of fiscal and monetary policy tools have been used in the past to respond to weak economic conditions and recessions. One of those policy tools, enacted as economic stimulus in December 2010, was a temporary employee payroll tax cut. On August 20, 2019, President Trump expressed interest in proposing a payroll tax cut, although subsequent reports indicate this may not be a policy the Administration intends to actively pursue at this time.
2011-2012 Payroll Tax Cut
Payroll taxes are collected to finance certain entitlement programs, including Social Security, parts of Medicare, and...
This Insight provides a brief overview of the Emergency Food and Shelter Program (EFSP), and funding provided for it through the FY2019 Border Supplemental.
General EFSP Administration
The EFSP provides grants to private nonprofit organizations and local governments to supplement and expand ongoing efforts and local programs to provide shelter, food, and supportive services for individuals and families who are homeless or experiencing economic emergencies. It was first authorized under the Stewart B. McKinney Homeless Assistance Act of 1987 (P.L. 100-77), later renamed the McKinney-Vento...
Norwegian Air International and Low-Cost Long-Haul Flights
Legislation introduced in the House of Representatives in July 2019 would prohibit the U.S. Department of Transportation (DOT) from allowing a foreign airline to serve the United States if it “is established in a country other than the home country of its majority owner or owners in order to avoid regulations of the home country.” The bill, H.R. 3632, is the latest salvo in a prolonged battle over issuance of a foreign air carrier permit that allows Norwegian Air Shuttle, which owns a group of discount carriers, to operate transatlantic flights to U.S. destinations.
Norwegian Air Shuttle...
A Balanced Budget Constitutional Amendment: Background and Congressional Options
One of the most persistent political issues facing Congress in recent decades is whether to require that the budget of the United States be in balance. Although a balanced federal budget has long been held as a political ideal, the accumulation of large annual budget deficits and the associated growth of public debt in recent years has heightened concern that some action to require a balance between revenues and expenditures may be necessary.
The debate over a balanced budget measure actually consists of several interrelated debates. Most prominently, the arguments of proponents have...
International Food Assistance: Food for Peace Nonemergency Programs
The U.S. government provides international food assistance to promote global food security, alleviate hunger, and address food crises among the world’s most vulnerable populations. Congress authorizes this assistance through regular agriculture and international affairs legislation, and provides funding through annual appropriations legislation. The primary channel for this assistance is the Food for Peace program (FFP), administered by the U.S. Agency for International Development (USAID). Established in 1954, FFP has historically focused primarily on meeting the emergency food needs of...
Global Trade Imbalances: Overview and Issues
On July 17, 2019, the International Monetary Fund (IMF) published its annual report on global trade that identifies countries with “excessive” current account balances—both surpluses and deficits—and exchange rates that are “misaligned.” The current account is a broad measure of a country’s global economic engagement and is comprised of trade in goods, services, and official flows. By definition, surpluses or deficits in one country are offset by deficits or surpluses in other countries such that the global current account balance nets to zero (including statistical discrepancy), as...
The Yield Curve and Predicting Recessions
Economists and financial markets closely monitor interest rates in hopes of gleaning information about the path of the economy. One measure of particular interest is the “yield curve.” Recently, the yield curve associated with U.S. Treasuries has been inverted. This Insight discusses possible explanations for the inversion, including whether the inversion is signaling that the economy will enter a recession.
What Is the Yield Curve?
A yield curve plots the interest rates on various short-, medium-, and long-term bonds by the same issuer. Normally, short-term interest rates are lower than...
Federal Personal Property Disposal: Procedures and Reforms
Federal personal property is generally defined as anything the government owns that is not real property. Common examples of personal property include furniture, cars, laptops, scientific equipment, and machinery. Sound management of the government’s personal property inventory—which is valued at more than $1 trillion—is necessary to mitigate the risk of waste, fraud, and loss. Federal statutes and regulations require agencies to regularly survey their personal property inventories and dispose of items they no longer need (excess personal property). When an agency identifies excess...
Small Business Credit Markets and Selected Policy Issues
Small businesses are owned by and employ a wide variety of entrepreneurs—skilled trade technicians, medical professionals, financial consultants, technology innovators, and restaurateurs, among many others. As do large corporations, small businesses rely on credit to purchase inventory, to cover cash flow shortages that may arise from unexpected expenses or periods of inadequate income, or to expand operations. During the Great Recession of 2007-2009, lending to small businesses declined. A decade after the recession, it appears that while many small businesses enjoy increased access to...
Defense Spending Under an Interim Continuing Resolution: In Brief
This report provides a basic overview of interim continuing resolutions (CRs) and highlights some specific issues pertaining to operations of the Department of Defense (DOD) under a CR.
DOD has started the fiscal year under a CR for 13 of the past 18 years (FY2002-FY2019) and every year since FY2010 excluding FY2019. The amount of time DOD has operated under CR authorities during the fiscal year has tended to increase in the past 10 years and equates to a total of more than 39 months since 2010.
As with regular appropriations bills, Congress can draft a CR to provide funding in many ways....
Libya: Conflict Disrupts U.S.-Backed Transition Plan
On April 4, 2019, Khalifa Haftar, the commander of the Libyan National Army (LNA) coalition that has controlled eastern Libya with foreign military and financial support since 2014, ordered forces loyal to him to begin a unilateral military operation to secure the capital, Tripoli. Tripoli is the seat of the Government of National Accord (GNA), an interim body recognized by the United States and United Nations (U.N.) Security Council as Libya’s legitimate governing entity. In response to the pro-LNA offensive, pro-GNA and other anti-Haftar elements in western Libya have mobilized. Fighting...
Words Taken Down: Calling Members to Order for Disorderly Language in the House
Rule XVII, clause 4, of the standing rules of the House of Representatives describes a parliamentary mechanism whereby a Member may call another Member to order for the use of disorderly language. Disorderly, or unparliamentary, remarks are a violation of House rules of decorum. This mechanism, which is referred to as “words taken down,” may be invoked during debate on the House floor, in the Committee of the Whole, or in the standing and select committees of the House.
To call a Member to order for allegedly disorderly remarks, a Member would state the following: “I demand that the...
Bitcoin, Blockchain, and the Energy Sector
The popularity of cryptocurrencies such as Bitcoin and the underlying blockchain technology presents both challenges and opportunities to the energy sector. As interest in Bitcoin and other cryptocurrencies has increased, the energy demand to support cryptocurrency “mining” activities has also increased. The increased energy demand—when localized—can exceed the available power capacity and increase customers’ electricity rates. On the other hand, not all cryptocurrencies require energy-intensive mining operations. Some cryptocurrencies can operate under algorithms that require less energy....
The Administration’s Designation of China as a Currency Manipulator
On August 4, China’s central bank allowed its currency, the yuan, to depreciate to an 11-year low, breaking the politically sensitive threshold of seven yuan to one U.S. dollar (Figure 1). A depreciation of the yuan against the U.S. dollar makes Chinese exports less expensive in global markets. Some analysts speculate the depreciation is designed to offset and retaliate against U.S. tariffs on Chinese imports, coming four days after President Trump announced his intent to impose an additional 10% tariff on $300 billion of Chinese imports on September 1. There are differing views on the...
Since the mid-1970s, Congress’s oversight of the Intelligence Community (IC) has been a fundamental component of ensuring that the IC’s seventeen diverse elements are held accountable for the effectiveness of their programs supporting United States national security. This has been especially true for covert action and clandestine intelligence activities because of their significant risk of compromise and potential long-term impact on U.S. foreign relations. Yet, by their very nature, these and other intelligence programs and activities are classified and shielded from the public....
A New Director for the International Monetary Fund
On July 16, Christine Lagarde announced that she was resigning as International Monetary Fund (IMF) Managing Director following her nomination to succeed Mario Draghi as president of the European Central Bank. She is expected to take up the new post in November. Until a new permanent director is chosen, David Lipton, the IMF’s First Deputy Managing Director, will serve as Acting Managing Director.
Ms. Lagarde’s tenure at the IMF coincided with arguably the most challenging global economic landscape in recent decades. Assuming office in the middle of the global financial crisis and amidst...
Export-Import Bank: Overview and Reauthorization Issues
The Export-Import Bank of the United States (Ex-Im Bank or the Bank)—commonly referred to as the official export credit agency (ECA) of the United States—provides financing and insurance to facilitate the export of U.S. goods and services to support U.S. jobs. Ex-Im Bank, a wholly owned U.S. government corporation, operates pursuant to a renewable statutory charter (Export-Import Bank Act of 1945, as amended; 12 U.S.C. §635 et seq.), and also abides by international rules on ECA financing under the Organization for Economic Cooperation for Development (OECD). The Bank aims to provide...
Real Time Payments Initiatives
Technological advances have made it feasible to create a real time payments (RTP) network between financial institutions in which the recipient of an electronic payment would receive funds in seconds, compared to the current practice of later in the day or the next day. The Federal Reserve’s (Fed’s) recent announcement that it would create a RTP system has been controversial, as it will be directly competing with a privately owned system.
Background
This Insight discusses payment and settlement systems that allow individuals and businesses to complete payments across different financial...
Human Fetal Tissue Research: Frequently Asked Questions
This report provides answers to frequently asked questions concerning the regulation and use of fetal tissue in research, including a description of what constitutes fetal tissue research, uses of fetal tissue for medical purposes, how such tissue is acquired, along with rules and regulations governing the use and acquisition of fetal tissue.
fetal tissue, Planned Parenthood, fetal tissue transplantation research, Common Rule,
Department of Homeland Security Appropriations: FY2019
This report provides an overview and analysis of FY2019 appropriations for the Department of Homeland Security (DHS). The primary focus of this report is on congressional direction and funding provided to DHS through the appropriations process. It includes an Appendix with definitions of key budget terms used throughout the suite of Congressional Research Service reports on homeland security appropriations. It also directs the reader to other reports providing context for specific component appropriations.
As part of an overall DHS budget that the Office of Management and Budget (OMB)...
North Korea: What 18 Months of Diplomacy Has and Has Not Achieved
Overview
Since President Trump agreed in March 2018 to hold a summit with North Korean leader Kim Jong-un to discuss North Korea’s nuclear and missile programs, the Trump Administration’s strategy has appeared to be based on the presumption that developing a leader-to-leader relationship will produce more results than the working-group approaches taken by previous administrations. Trump and Kim have held three meetings: in Singapore (June 2018); Hanoi (February 2019); and Panmunjom (June 2019). Since March 2018, Kim also has met on five occasions with Chinese President Xi Jinping, three...
The Bipartisan Budget Act of 2019: Changes to the BCA and Debt Limit
The Bipartisan Budget Act of 2019 (BBA 2019; P.L. 116-37) was enacted on August 2, 2019. BBA 2019 raised the discretionary spending limits (caps) implemented by the Budget Control Act of 2011 (BCA; P.L. 112-25) for FY2020 and FY2021; made other BCA-related changes, including an extension of the mandatory sequester through FY2029; and suspended the statutory debt limit until August 1, 2021.
Changes to FY2020 and FY2021 Discretionary Spending Caps
The BCA created annual statutory discretionary spending caps for defense and nondefense spending that are in effect through FY2021. If...
Labor, Health and Human Services, and Education: FY2019 Appropriations
This report offers an overview of actions taken by Congress and the President to provide FY2019 appropriations for accounts funded by the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) appropriations bill. This bill includes all accounts funded through the annual appropriations process at the Department of Labor (DOL) and Department of Education (ED). It also provides annual appropriations for most agencies within the Department of Health and Human Services (HHS), with certain exceptions (e.g., the Food and Drug Administration is funded via the...
3D Printing: Overview, Impacts, and the Federal Role
Three-dimensional (3D) printing, also known as additive manufacturing, is a highly flexible manufacturing process that has been used in product development and production for the past 30 years. Greater capabilities, lower prices, and an expanded range of manufacturing materials have vastly expanded adoption of 3D printers over the last decade and a half. The economic and scientific potential of this technology, as well as certain regulatory concerns (such as 3D printing of firearms), have recently increased congressional interest.
3D printers are used in a variety of industries—such as...
The Department of Defense’s JEDI Cloud Program
In September 2017, the Deputy Secretary of Defense issued a memorandum calling for the accelerated adoption of a Department of Defense (DOD) enterprise-wide cloud services solution as a fundamental component of ongoing DOD modernization efforts. As a component of this effort, DOD is seeking to acquire a cloud services solution accessible to the entirety of the Department that can support Unclassified, Secret, and Top Secret requirements, focusing on commercially available cloud service solutions, through the Joint Enterprise Defense Infrastructure (JEDI) Cloud acquisition program.
DOD...
The United States and Soviet Union signed the Intermediate-Range Nuclear Forces (INF) Treaty in December 1987. Negotiations on this treaty were the result of a “dual-track” decision taken by NATO in 1979 in response to concerns about the Soviet Union’s deployment of new intermediate-range nuclear missiles. NATO agreed both to accept deployment of new U.S. intermediate-range ballistic and cruise missiles and to support U.S. efforts to negotiate with the Soviet Union to limit these missiles. In the INF Treaty, the United States and Soviet Union agreed that they would ban all land-based...
Why Is the Federal Reserve Reducing Interest Rates?
On July 31, the Federal Reserve (Fed) reduced the federal funds rate by a quarter of a percentage point. The Fed targets this rate to meet its statutory mandate of maximum employment and stable prices (defined as 2% inflation). Lower interest rates would tend to raise employment and inflation, all else equal.
Fed Rate Cuts Across the Business Cycle
The Fed typically cuts rates during recessions and raises rates during expansions. Since the Fed began using the federal funds rate as its primary instrument to carry out monetary policy (possibly as early as 1982), it has had four periods of...
Trends in the U.S. Poverty Rate after Recessions
poverty, poverty rate, recession, expansion, recovery, business cycle
Behavioral Economics, IRS Letter Campaigns, and Tax Compliance
Research from the fields of behavioral economics and behavioral science suggests there may be cost-effective ways for the Internal Revenue Service (IRS) to increase tax compliance and collections. This Insight discusses one relatively simple approach to potentially increase compliance: carefully crafted letters to taxpayers. The discussion below is also intended to introduce the reader to a small portion of the vocabulary used by behavioral economists.
Classical and Behavioral Theories
According to the most recent estimates, the IRS collects about 84% of the taxes it should be collecting....
The 21st century has seen the operation of elementary, secondary, and postsecondary educational institutions and the education of the students they enroll disrupted by natural disasters, such as hurricanes and floods, and by national emergencies, such as the terrorist attacks of September 11, 2001. This report is intended to inform Congress of existing statutory and regulatory provisions that may aid in responding to future disasters and national emergencies that may affect the provision of or access to education and highlight the actions of previous Congresses to provide additional...
New UK Leadership: Implications for Brexit
On July 24, 2019, Boris Johnson became prime minister of the United Kingdom (UK) after winning the Conservative Party leadership contest that was triggered by the resignation of Theresa May as party leader on June 7. A colorful and polarizing figure who was one of the leading voices in the campaign for the UK to leave the European Union (EU), Johnson previously served as UK foreign secretary from 2016 to 2018 and mayor of London from 2008 to 2016. He inherits a government in which the Conservative Party controls a slim parliamentary majority by virtue of support from the Democratic...
FY2019 Disaster Supplemental Appropriations: Overview
This report provides a legislative history of the Additional Supplemental Appropriations for Disaster Relief Act, 2019 (P.L. 116-20), and provides an overview of some of the issues that often arise with consideration of supplemental disaster assistance appropriations.
In total, 59 major disasters were declared in calendar year 2018, and 27 major disasters were declared in 2019 up to the date the compromise on the disaster supplemental was announced. In addition to these specifically declared incidents, other situations arose that caused disruption to lives, economic resources, and...
Carbon Monoxide Detection Requirements for Military Housing
Carbon monoxide (CO) is a colorless, odorless, and tasteless gas that can cause sudden illness or death if a person is exposed to certain quantities. Often referred to as the “silent killer,” CO poisoning kills over 430 people annually in the United States (U.S.), and approximately 50,000 people seek emergency medical treatment. Most states have enacted statutes or adopted regulations that require CO detectors or alarms in private dwellings. In these states, owners are required to install at least one battery-operated or hard wired CO detector or alarm in a housing unit.
Likewise, the...
Federal Indian Law: Judicial Developments in the October 2018 Supreme Court Term
Each term, the Supreme Court typically hears arguments in one or more cases concerning the rights and status of Indian tribes and their members. Prominent issues addressed by the Supreme Court in recent terms have included (1) tribes’ civil jurisdiction over nonmembers, (2) the scope of tribal sovereign immunity, and (3) termination of Indian parents’ rights in adoption cases.
The October 2018 term likewise featured several Indian law issues: the Court heard arguments in three significant cases, each of which implicated the complex relationships among tribal, state, and federal laws. In...
The Front End of the Nuclear Fuel Cycle: Current Issues
Nuclear power contributes roughly 20% of the electrical generation in the United States. Uranium is the fundamental element in fuel used for nuclear power production. The nuclear fuel cycle is the cradle-to-grave life cycle from extracting uranium ore from the earth through power production in a nuclear reactor to permanent disposal of the resulting spent nuclear fuel.
The front-end of the nuclear fuel cycle considers the portion of the nuclear fuel cycle leading up to electrical power production in a nuclear reactor. The front-end of the nuclear fuel cycle has four stages: mining and...
HUD’s Proposal to End Assistance to Mixed Status Families
On May 10, 2019, the Department of Housing and Urban Development (HUD) released a proposed rule to end eligibility for “mixed status” families in its major rental assistance programs (public housing, Section 8 Housing Choice Vouchers, Section 8 project-based rental assistance). “Mixed status” families comprise both citizens (or eligible noncitizens) and ineligible noncitizens. As reported in the press and reflected in analysis by both CRS and HUD, the rule would likely result in the displacement from HUD-assisted housing of over 25,000 families, including 55,000 children. Additionally, the...
Department of Veterans Affairs (VA): A Primer on Telehealth
The Veterans Health Administration (VHA), of the Department of Veterans Affairs (VA), is leveraging the use of telehealth with the goal of expanding veterans’ access to VA care. Telehealth generally refers to the use of information and communication technology to deliver a health care service. It is a mode of health care delivery that extends beyond the “brick-and-mortar” health care facilities of the VHA. VA telehealth services are generally provided on an outpatient basis and supplement in-person care. Such services do not replace VA in-person care. The VA copay requirements for...
Department of Defense Energy Management: Background and Issues for Congress
The U.S. Department of Defense (DOD) consumes more energy than any other federal agency—77% of the entire federal government’s energy consumption. Energy management is integral to DOD operations. From running bases and training facilities to powering jets and ships, DOD relies on energy to maintain readiness and resiliency for mission operations. Energy efficiency—providing the same or an improved level of service with less energy—over time can reduce agency expenses, particularly at an agency like DOD, where energy represents roughly 2% of the department’s annual budget.
Since the 1970s,...
Ghana: Current Issues and U.S. Relations in Brief
Ghana, a country of 28 million people on West Africa’s Atlantic coast, faces diverse development challenges, but has built a robust democracy notable for consistent peaceful turnovers of executive power since a transition to multiparty rule in the early 1990s. The country also has made progress toward many of the socioeconomic outcomes that successive U.S. administrations have sought to foster in Africa, and U.S. policymakers have tended to view Ghana as a stable U.S. partner in an often volatile region. Substantial U.S. bilateral aid has both been premised on and arguably contributed to...
Federal Disaster Assistance Response and Recovery Programs: Brief Summaries
This report is designed to assist Members of Congress and their staff as they address the needs of their states, communities, and constituents after a disaster. It includes a summary of federal programs that provide federal disaster assistance to individual survivors, states, territories, local governments, and nongovernmental entities following a natural or man-made disaster. A number of federal agencies provide financial assistance through grants, loans, and loan guarantees to assist in the provision of critical services, such as temporary housing, counseling, and infrastructure...
Overview of Recent Administrative Reforms of Fannie Mae and Freddie Mac
Congress chartered Fannie Mae and Freddie Mac, also known collectively as the government-sponsored enterprises (GSEs), to promote homeownership for underserved groups and locations by providing liquidity to the secondary mortgage market. The GSEs specifically facilitate financing for single-family residential mortgages and multifamily (apartment and condominium) construction. After purchasing pools of single-family 30-year fixed rate mortgages, the GSEs retain the credit (default) risks from the whole mortgages and subsequently issue mortgage-backed securities (MBSs), which are bond-like...
Congressional Commissions: Funding and Expenditures
Congressional commissions have been established for a variety of purposes, and can help serve a critical role by informing Congress, providing expert advice on complex or controversial issues, and generating policy recommendations. In general, commissions hold hearings, conduct research, analyze data, and/or make field visits as they carry out their duties. Most complete their work by delivering their findings, recommendations, or advice in the form of a written report to Congress. For example, the National Commission on Terrorist Attacks Upon the United States (the 9/11 Commission) was...
The Legislative Process on the Senate Floor: An Introduction
The standing rules of the Senate promote deliberation by permitting Senators to debate at length and by precluding a simple majority from ending debate when they are prepared to vote to approve a bill. This right of extended debate permits filibusters that can be brought to an end if the Senate invokes cloture, usually by a vote of three-fifths of all Senators. Even then, consideration can typically continue under cloture for an additional 30 hours. The possibility of filibusters encourages the Senate to seek consensus whenever possible and to conduct business under the terms of unanimous...
Vulnerable Youth: Federal Mentoring Programs and Issues
Youth mentoring refers to a relationship between youth—particularly those most at risk of experiencing negative outcomes in adolescence and adulthood—and the adults who support and guide them. The origin of the modern youth mentoring concept is credited to the efforts of charity groups that formed during the Progressive era of the early 1900s to provide practical assistance to poor and juvenile justice-involved youth, including help with finding employment.
Approximately 4.5 million youth today are involved in formal mentoring relationships through mentoring organizations (e.g., Big...
BB&T and SunTrust: The Latest Proposed Merger in a Long-Term Trend of Banking Industry Consolidation
On February 9, 2019, BB&T and SunTrust—the 16th- and 17th-largest U.S. bank holding companies (BHCs) by asset size, respectively—announced they intend to merge, which would create the 8th-largest BHC. The House Financial Services Committee has scheduled a hearing on July 24, 2019, that will examine this merger.
Over the past 35 years, banks are becoming fewer, and industry assets are increasingly concentrated in large banks. Observers have warned that this trend could leave certain markets traditionally served by small banks underserved or unserved. In addition, large, complex banks—or too...
BB&T and SunTrust: Merger Approval Process and Trends
BB&T and SunTrust have proposed a merger that could form the eighth-largest bank holding company (BHC) by assets in the United States (see CRS Insight IN11062, BB&T and SunTrust: The Latest Proposed Merger in a Long-Term Trend of Banking Industry Consolidation). This has focused congressional attention on bank mergers. This Insight examines the bank merger regulatory approval process.
Merger Approval Process
BB&T and Suntrust are both BHCs with state-chartered subsidiary banks. The Suntrust bank is not a member of the Federal Reserve System. As such, the merger must be approved by the...
Job Creation in the Manufacturing Revival
The health of the U.S. manufacturing sector is of ongoing interest to Congress. Numerous bills aimed at promoting manufacturing are introduced in each Congress, often with the stated goal of creating jobs. Implicit in many of these bills is the assumption that the manufacturing sector is uniquely able to provide well-paid employment for workers who have not pursued education beyond high school.
Definitional issues have made it more challenging to assess the state of the manufacturing sector. Lines between manufacturing and other economic sectors are increasingly blurred. Many workers in...
As overall student loan indebtedness in the United States has increased over the years, many borrowers have found themselves unable to repay their student loans. Ordinarily, declaring bankruptcy is a means by which a debtor may discharge—that is, obtain relief from—debts he is unable to repay. However, Congress, based upon its determination that allowing debtors to freely discharge student loans in bankruptcy could threaten the student loan program, has limited the circumstances in which a debtor may discharge a student loan. Under current law, a debtor may not discharge a student loan...
Afghanistan: Background and U.S. Policy
Afghanistan has been a significant U.S. foreign policy concern since 2001, when the United States, in response to the terrorist attacks of September 11, 2001, led a military campaign against Al Qaeda and the Taliban government that harbored and supported it. In the intervening 18 years, the United States has suffered approximately 2,400 military fatalities in Afghanistan, with the cost of military operations reaching nearly $750 billion. Congress has appropriated approximately $133 billion for reconstruction. In that time, an elected Afghan government has replaced the Taliban, and most...
Regular Vetoes and Pocket Vetoes: In Brief
The veto power vested in the President by Article I, Section 7 of the Constitution has proven to be an effective tool in the executive branch’s dealings with Congress. In order for a bill to become law, the President either signs the bill into law, or the President allows the bill to become law without signature after a 10-day period.
Regular vetoes occur when the President refuses to sign a bill and returns the bill complete with objections to Congress within 10 days. Upon receipt of the rejected bill, Congress is able to begin the veto override process, which requires a two-thirds...
FY2019 National Defense Authorization Act (H.R. 5515)
For FY2019, the Trump Administration requested $708.1 billion to fund programs falling under the jurisdiction of the House and Senate Armed Services Committees and subject to authorization by the annual National Defense Authorization Act (NDAA).
The annual National Defense Authorization Act (NDAA) authorizes appropriations for the Department of Defense (DOD) and defense-related atomic energy programs of the Department of Energy. In addition to authorizing appropriations, the NDAA establishes defense policies and restrictions, and addresses organizational administrative matters related to...
Department of Health and Human Services: FY2020 Budget Request
Historically, the U.S. Department of Health and Human Services (HHS) has been one of the larger federal departments in terms of budgetary resources. Estimates by the Office of Management and Budget (OMB) indicate that HHS has accounted for at least 20% of all federal outlays in each year since FY1995. Most recently, HHS is estimated to have accounted for 27% of all federal outlays in FY2018.
Final FY2019 appropriations had not been enacted for a few HHS operating divisions and accounts prior to the development of the FY2020 President’s budget request. As a result, the FY2019 estimates...
Sudan’s future is uncertain in the aftermath of President Omar al Bashir’s ouster as elements of his regime have sought to retain power in the face of a popular uprising and international pressure. The Sudanese military has a history of intervention in politics: the 1989 coup in which Bashir came to power was the country’s fourth. Sudan also has a long history of rebellion and resistance. While the armed uprisings are more widely known, mass protests against military regimes in 1964 and 1985 spurred coups that led to brief periods of civilian rule. The current protest movement is...
The Regional Greenhouse Gas Initiative: Background, Impacts, and Selected Issues
The Regional Greenhouse Gas Initiative (RGGI) was the nation’s first mandatory cap-and-trade program for greenhouse gas (GHG) emissions. RGGI currently involves nine states—Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont. New Jersey is to rejoin the program in 2020. The RGGI cap-and-trade system applies only to carbon dioxide (CO2) emissions from electric power plants with capacities to generate 25 megawatts or more—165 facilities in the region. The RGGI emissions cap took effect January 1, 2009, based on an agreement signed by RGGI...
Section 232 Investigation: Uranium Imports
On July, 12, 2019, President Trump declined to impose quotas or other trade measures on imports of uranium materials under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862). The President did not concur with the U.S. Department of Commerce’s (Commerce’s) findings that “uranium imports threaten to impair the national security of the United States as defined under section 232.” As part of his decision, the President established a Nuclear Fuel Working Group to “examine the current state of domestic nuclear fuel production to reinvigorate the entire nuclear fuel supply chain,”...
The September 11th Victim Compensation Fund (VCF): Background and Potential Reauthorization
The September 11th Victim Compensation Fund (VCF) provides cash benefits to certain persons whose health may have been affected by exposure to debris or toxic substances in the aftermath of the September 11, 2001, terrorist attacks on the Pentagon and the World Trade Center, and the terrorist-related aircraft crash at Shanksville, PA. Congress created the original VCF shortly after the 2001 terrorist attacks to provide compensation to persons injured and to the families of persons killed in the attacks and their immediate aftermath. In 2011, Congress reopened the VCF to provide benefits to...
Federal Highway Traffic Safety Policies: Impacts and Opportunities
In 2017, 37,133 Americans were killed in crashes involving motor vehicles. Motor vehicle crashes are a leading cause of death for Americans overall, and the number one cause of death for teenagers. Millions of people are injured in crashes annually, and motor vehicle crashes are estimated to have cost some $242 billion in 2010 in lost productivity, medical costs, legal costs, property damage, and time lost in congestion caused by crashes. As measured by the number of deaths per mile people are driving, the rate at which people are killed in traffic crashes declined significantly from 1929,...
Tropical Storm Barry: FEMA and Additional Storm-Related Resources
Introduction
This Insight provides a brief overview of emergency and major declarations and federal assistance programs potentially available to those affected by Tropical Storm Barry. It also lists resources for forecast information, hurricane and flooding information, and selected Congressional Research Service reports on federal emergency management policy.
The National Oceanic and Atmospheric Administration (NOAA) has issued watches and warnings for Tropical Storm Barry, a slow-moving storm in the Northern Gulf of Mexico. Current forecasts predict the storm’s landfall to occur along...
Exposed Data Highlights Law Enforcement Use of Selected Technologies
Official use of image capturing and facial recognition technology—particularly by law enforcement—has been the subject of recent congressional attention. Specifically, there is interest in facial recognition’s accuracy, the databases against which faces are compared, which individual data are subject to collection and retention, how agencies ensure data security, and public notification regarding the use of facial recognition and other image capturing technology. Many of these issues were highlighted following a recently acknowledged breach of certain data held by a U.S. Customs and Border...
Spending and Tax Expenditures: Distinctions and Major Programs
Spending programs and tax expenditures are the two primary ways that the federal government provides benefits to the public. Each type of intervention represents a transfer from the government to individuals and firms, though differences in the budget process, saliency, and targeting may have ramifications for usage across different types of services.
Federal expenditures (spending) are transfers from the federal government to individuals, firms, or institutions that do not draw directly from individual or corporate tax liability. Federal spending programs fall into three broad...
FY2019 Disaster Supplemental Appropriations: CRS Experts
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The following list of CRS experts provides points of contact for CRS’s congressional clients with specific questions regarding the particular appropriations and provisions proposed in the various disaster relief supplemental bills considered for FY2019. This report is intended as a companion to other CRS products on the FY2019 disaster relief supplemental appropriations measures.
The appropriations are largely arranged the way they are in the bill itself: they are grouped by subcommittee of jurisdiction, and by department or agency within each subcommittee—some...
Comparing DHS Component Funding, FY2019: In Brief
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Generally, the homeland security appropriations bill includes all annual appropriations for the Department of Homeland Security (DHS), providing resources to every departmental component. The Tables and Figure show DHS’s new discretionary budget authority enacted for FY2018 and requested by the Administration for FY2019, as well as the House and Senate committee-reported response and ultimately enacted FY2019 annual appropriation, broken down by component. They also show information on DHS funding from two enacted supplemental appropriations measures: P.L. 116-20, a...
Resources for Key Economic Indicators
An understanding of economic indicators and their significance is seen as essential to the formulation of economic policies. These indicators, or statistics, provide snapshots of an economy’s health as well as starting points for economic analysis. This report contains a list of selected authoritative U.S. government sources of economic indicators, such as gross domestic product (GDP), income, inflation, and labor force (including employment and unemployment) statistics.
Additional content includes related resources, frequently asked questions (FAQs), and links to external glossaries.
Infantry Brigade Combat Team (IBCT) Mobility, Reconnaissance, and Firepower Programs
Infantry Brigade Combat Teams (IBCTs) constitute the Army’s “light” ground forces and are an important part of the nation’s ability to project forces overseas. The wars in Iraq and Afghanistan, as well as current thinking by Army leadership as to where and how future conflicts would be fought, suggest IBCTs are limited operationally by their lack of assigned transport and reconnaissance vehicles as well as firepower against hardened targets and armored vehicles.
There are three types of IBCTs: Light, Airborne, and Air Assault. Light IBCTs are primarily foot-mobile forces. Light IBCTs can...
Immigration: Alternatives to Detention (ATD) Programs
Since FY2004, Congress has appropriated funding to the Department of Homeland Security’s (DHS’s) Immigration and Customs Enforcement (ICE) for an Alternatives to Detention (ATD) program to provide supervised release and enhanced monitoring for a subset of foreign nationals subject to removal whom ICE has released into the United States. These aliens are not statutorily mandated to be in DHS custody, are not considered threats to public safety or national security, and have been released either on bond, their own recognizance, or parole pending a decision on whether they should be removed...
The Disaster Recovery Reform Act of 2018 (DRRA): A Summary of Selected Statutory Provisions
The Disaster Recovery Reform Act of 2018 (DRRA, Division D of P.L. 115-254) was enacted on October 5, 2018. DRRA is the most comprehensive reform of the Federal Emergency Management Agency’s (FEMA’s) disaster assistance programs since the passage of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2) and the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA, P.L. 109-295). DRRA focuses on improving pre-disaster planning and mitigation, response, and recovery, and increasing FEMA accountability. As such, it amends many sections of the Robert T. Stafford...
Critical Infrastructure: Emerging Trends and Policy Considerations for Congress
Protection of the nation’s critical infrastructure (CI) against asymmetric physical or cyber threats emerged in the late 1990s as a policy concern, which was then further amplified by the 9/11 terrorist attacks. Congress created the Department of Homeland Security (DHS) in the wake of the attacks, and directed the new Department to identify, prioritize, and protect systems and assets critical to national security, the economy, and public health or safety. Identification of CI assets was, and remains, a complex and resource-intensive task.
Many governmental and non-governmental...
Beneficial ownership refers to the natural person or persons who invest in, control, or otherwise reap gains from an asset, such as a bank account, real estate property, company, or trust. In some cases, an asset’s beneficial owner may not be listed in public records or disclosed to federal authorities as the legal owner. For some years, the United States has been criticized by international bodies for gaps in the U.S. anti-money laundering system related to a lack of systematic beneficial ownership disclosure. While beneficial ownership information is relevant to several types of assets,...
Illicit Drug Flows and Seizures in the United States: What Do We [Not] Know?
Policy discussions around issues such as border security, drug trafficking, and the opioid epidemic include questions about illicit drug flows into the United States. While there are numerous data points involved in understanding the trafficking of illicit drugs into the United States, these data are often estimated, incomplete, imperfect, or lack nuance. For example, debates about drug flows and how best to counter drug trafficking into the country often rely on selected drug seizure data from border officials, which do not reflect all drug flows into the United States.
One way of...
Effects of Buy America on Transportation Infrastructure and U.S. Manufacturing
In 1978, Congress began placing domestic content restrictions on federally funded transportation projects that are carried out by nonfederal government agencies such as state and local governments. These restrictions, which have changed over the years, are commonly referred to as the Buy America Act, or more simply, Buy America. Although there has been ongoing congressional interest in domestic preference policy over the years, statements and actions by the Trump Administration about reinvigorating domestic manufacturing and investing in infrastructure have stimulated renewed interest in...
This report is intended to serve as a finding aid for congressional documents, executive branch documents and information, news articles, policy analysis, contacts, and training, for use in policy and legislative research. It is not intended to be a definitive list of all resources, but rather a guide to pertinent subscriptions available in the House and Senate in addition to selected resources freely available to the public. This report is intended for use by congressional staff and will be updated as needed.
Long-Term Budgeting within the Congressional Budget Process: In Brief
Members of Congress, the Administration, and outside groups have expressed concern over long-term projections of deficits and debt levels. The Congressional Budget Office (CBO) has stated that federal deficits and debt held by the public, which are higher than average, are projected to increase sharply over the next 30 years.
Some have argued that the current congressional budget process has created, or at least exacerbated, the projected long-term deficit and debt challenges. It has been said that the current process does not encourage or require the consideration of long-term budgetary...
India’s 2019 National Election and Implications for U.S. Interests
India, a federal republic and the world’s most populous democracy, held elections to seat a new lower house of parliament in April and May of 2019. Estimates suggest that more than two-thirds of the country’s nearly 900 million eligible voters participated. The 545-seat Lok Sabha (People’s House) is seated every five years, and the results saw a return to power of the Bharatiya Janata Party (BJP) led by Prime Minister Narendra Modi, who was chief minister of the west Indian state of Gujarat from 2001 to 2014. Modi’s party won decisively—it now holds 56% of Lok Sabha seats and Modi became...
The Opioid Epidemic: Supply Control and Criminal Justice Policy—Frequently Asked Questions
Over the last several years, lawmakers in the United States have responded to rising drug overdose deaths, which increased four-fold from 1999 to 2017, with a variety of legislation, hearings, and oversight activities. In 2017, more than 70,000 people died from drug overdoses, and approximately 68% of those deaths involved an opioid.
Many federal agencies are involved in domestic and foreign efforts to combat opioid abuse and the continuing increase in opioid related overdose deaths. A subset of those agencies confront the supply side (some may also confront the demand side) of the opioid...
Critical Minerals and U.S. Public Policy
President Trump and various U.S. lawmakers have expressed concerns about U.S. reliance on critical mineral imports and potential disruption of supply chains that use critical minerals for various end uses, including defense and electronics applications. Chinese export quotas on a subset of critical minerals referred to as rare earth elements (REEs) and China’s 2010 curtailment of REE shipments to Japan heightened U.S. vulnerability concern.
In December 2017, Presidential Executive Order 13817, “A Federal Strategy to Ensure Secure and Reliable Supplies of Critical Minerals,” tasked the...
Executive Order to Reduce the Number of Federal Advisory Committees
On June 14, 2019, President Donald Trump issued Executive Order (E.O.) 13875, “Evaluating and Improving the Utility of Federal Advisory Committees.” The E.O. intends to evaluate, reduce, and limit the number of federal advisory committees (FACs) subject to the Federal Advisory Committee Act (FACA; 5 U.S.C. Appendix—Federal Advisory Committee Act; as amended), including statutory committees established by Congress. E.O. 13875 is similar to a previous E.O. issued by President William Clinton. Questions remain, however, about whether President Clinton’s E.O. was effective in reducing the...
Commemorative Days, Weeks, and Months: Background and Current Practice
Typically, each Congress, hundreds of legislative measures are introduced to recognize, support, honor, or acknowledge certain days, weeks, and months. Some scholars have observed that commemorative legislation has universal and patriotic appeal and also provides an opportunity to connect directly with constituents, which can help fulfill representational responsibilities to Members’ districts or states.
Often used to commemorate an individual, group, or event, these measures can be divided into three categories: (1) federal holidays; (2) patriotic and national observances; and (3)...
Biomass: Comparison of Definitions in Legislation
The use of biomass as an energy feedstock has regularly been presented as a potentially viable alternative to address U.S. energy security concerns, foreign oil dependence, and rural economic development, and as a tool to possibly help improve the environment (e.g., through greenhouse gas emission reduction). Biomass (organic matter that can be converted into energy) includes food crops, crops grown specifically to produce energy (e.g., switchgrass or prairie perennials), crop residues, wood waste and byproducts, and animal manure. Biomass may be used to produce heat, electricity, or...
House Rules Changes Affecting Floor Proceedings in the 116th Congress (2019-2020)
As agreed to in the House, H.Res. 6, a resolution adopting the rules of the House of Representatives, provided amendments to the rules, as well as separate orders, that affect floor procedure in the 116th Congress (2019-2010). These amendments changed procedures in the full House and in the Committee of the Whole.
The rules changes altered when a resolution that would cause a vacancy in the Office of Speaker would qualify as a question of privilege. Under a new provision to clause 2 of Rule IX, resolutions declaring a vacancy of the chair are not privileged unless they are offered by...
China’s Economic Rise: History, Trends, Challenges, and Implications for the United States
Prior to the initiation of economic reforms and trade liberalization nearly 40 years ago, China maintained policies that kept the economy very poor, stagnant, centrally controlled, vastly inefficient, and relatively isolated from the global economy. Since opening up to foreign trade and investment and implementing free-market reforms in 1979, China has been among the world’s fastest-growing economies, with real annual gross domestic product (GDP) growth averaging 9.5% through 2018, a pace described by the World Bank as “the fastest sustained expansion by a major economy in history.” Such...
Location of Medication-Assisted Treatment for Opioid Addiction: In Brief
The substantial burden of opioid abuse related to the current opioid epidemic in the United States has resulted in a disparity between the need for substance abuse treatment and the current capacity. Methadone and buprenorphine are two medications used in medication-assisted treatment (MAT) for opioid use disorder (OUD). Methadone and buprenorphine are both opioids; their use to treat opioid use disorders is often called opioid agonist treatment or therapy (OAT) or opioid agonist MAT. As controlled substances, methadone and buprenorphine are subject to additional regulations. Methadone may...
Cuba: Trump Administration Expands Sanctions
Since April 2019, the Trump Administration has imposed a series of increasingly strong economic sanctions against Cuba, effectively ending the previous policy of engagement begun by the Obama Administration in 2014 that had eased some sanctions and moved toward the normalization of relations. As a result, U.S. policy toward Cuba again is centered on economic pressure aimed at influencing the Cuban government’s behavior with regard to not only Cuba’s human rights record but also its support to the Venezuelan regime of Nicolás Maduro. Congress traditionally has played an important role in...
Trade Promotion Authority (TPA): Frequently Asked Questions
Legislation to reauthorize Trade Promotion Authority (TPA)—sometimes called “fast track”—the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015), was signed into law by former President Obama on June 29, 2015 (P.L. 114-26). If the President negotiates an international trade agreement that would reduce tariff or nontariff barriers to trade in ways that require changes in U.S. law, the United States can implement the agreement only through the enactment of legislation. If the trade agreement and the process of negotiating it meet certain requirements, TPA...
Health Care-Related Expiring Provisions of the 116th Congress, First Session
This report describes selected health care-related provisions that are scheduled to expire during the first session of the116th Congress (i.e., during calendar year [CY] 2019). For purposes of this report, expiring provisions are defined as portions of law that are time-limited and will lapse once a statutory deadline is reached absent further legislative action. The expiring provisions included in this report are those related to Medicare, Medicaid, State Children’s Health Insurance Program (CHIP), and private health insurance programs and activities. The report also includes health...
Moldova’s Political Crisis Abates
On June 14, 2019, a political crisis in Moldova ended when leaders of the formerly ruling Democratic Party of Moldova (PDM) agreed to dissolve the outgoing government in favor of a new coalition. The coalition includes a reform-oriented, Western-leaning alliance, ACUM (or “Now”), and the socially conservative, Russian-leaning Party of Socialists, which placed first in Moldova’s February 2019 elections.
Moldova is one of three post-Soviet states that, together with Ukraine and Georgia, have sought greater integration with the West while coping with separatist territories occupied by...
Transformation at the U.S. Agency for International Development (USAID)
The U.S. Agency for International Development (USAID) has initiated a series of major internal reforms, branded as Transformation at USAID. The reforms are largely in response to Trump Administration directives aimed at making federal agencies more efficient, effective, and accountable. Most of the reforms proposed under this initiative do not involve statutory reorganization, but USAID Administrator Mark Green has sought congressional input as the reform process is developed and launched, especially in the area of changes to USAID organizational structure. Congress has the power to shape...
Fiscal Policy Considerations for the Next Recession
Although the United States is currently experiencing its longest economic expansion, history has shown that economic expansions inevitably give way to economic slowdowns. If the next slowdown is significant, the economy could enter a recession, which is typically characterized by falling output and rising unemployment. Short-term forecasts are predicting continued economic expansion, but predicting when the economy may transition from expansion to recession is notoriously difficult, as the ebb and flow of the economy is determined by many different factors, including a number that lie...
Land and Water Conservation Fund: Overview, Funding History, and Issues
The Land and Water Conservation Fund (LWCF) Act of 1965 was enacted to help preserve, develop, and ensure access to outdoor recreation facilities to strengthen the health of U.S. citizens. The law created the Land and Water Conservation Fund in the U.S. Treasury as a funding source to implement its outdoor recreation goals.
The LWCF has been used for three general purposes. First, it has been the principal source of monies for land acquisition for outdoor recreation by four federal agencies—the Forest Service, National Park Service, Fish and Wildlife Service, and Bureau of Land Management....
Exceptions to the Budget Control Act’s Discretionary Spending Limits
The Budget Control Act of 2011 (BCA; P.L. 112-25) established statutory limits on discretionary spending for FY2012-FY2021. There are currently separate annual limits for defense discretionary and nondefense discretionary spending.
The law specifies that spending for certain activities, such as responding to a national emergency or fighting terrorism, will receive special budgetary treatment. This spending is most easily thought of as being exempt from the spending limits. Formally, however, the BCA states that the enactment of such spending allows for a subsequent upward adjustment of...
New Limitations on Federal Research Using Human Fetal Tissue
On June 5, the Department of Health and Human Services (HHS) announced—following an audit and review of all HHS research involving the use of human fetal tissue from elective abortions—that the Administration has decided to discontinue intramural research (i.e., internal) projects involving fetal tissue from elective abortions at the National Institutes of Health (NIH), and will add additional ethics review for new extramural research (i.e., external) involving such tissue. In general, about 10% of NIH funding goes to intramural researchers at NIH-operated facilities and over 80% of NIH...
Livestock Mandatory Reporting Act: Overview for Reauthorization in the 116th Congress
The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) collects livestock and meat price data and related market information from meat packers under the authority of the Agricultural Marketing Act of 1946 (7 U.S.C. §1621 et seq.). This information was collected on a voluntary basis until 2001, when most of it became mandatory. As the livestock industry became increasingly concentrated in the 1990s, fewer animals were sold through negotiated (cash or “spot”) purchases and with increasing frequency were sold under alternative marketing arrangements that were not...
U.S. Trade Friction with China Intensifies
Commercial relations between the United States and China are experiencing an increasing level of tension and uncertainty. In August 2017, the Trump Administration launched a Section 301 investigation of Chinese policies relating to technology transfer, intellectual property, and innovation policies deemed harmful to U.S. economic interests. In March 2018, the Administration announced it would take specified action against China in response to such policies, including increased tariffs. The Administration subsequently raised tariffs on three tranches of import products from China, (with...
The Earned Income Tax Credit (EITC) for Childless Workers
The Earned Income Tax Credit (EITC) is a refundable tax credit available to eligible workers. Because the credit is refundable, a worker need not owe federal income taxes to benefit from it. The EITC is the nation’s largest cash anti-poverty program, with a tax year 2016 (returns filed in 2017) total of $66.7 billion claimed on 27.4 million tax returns. Most of the claimed EITC dollars—$64.7 billion, or 97% of total EITC dollars—were for taxpayers with children compared to $2.1 billion in claimed EITC for taxpayers with no qualifying children.
EITC Rules for Childless Workers Compared...
U.S. Farm Program Eligibility and Payment Limits Under the 2018 Farm Bill (P.L. 115-334)
Under the Agricultural Improvement Act of 2018 (P.L. 115-334; 2018 farm bill), U.S. farm program participants—whether individuals or multiperson legal entities—must meet specific eligibility requirements to receive benefits under certain farm programs. Some requirements are common across most programs, while others are specific to individual programs. In addition, program participants are subject to annual payment limits that vary across different combinations of farm programs. Federal farm support programs and risk management programs, along with their current eligibility requirements and...
FY2020 Agriculture Appropriations: H.R. 3164
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the Forest Service. It also funds the Food and Drug Administration (FDA) and in even-numbered fiscal years the Commodity Futures Trading Commission (CFTC). (In the House, but not the Senate, appropriations jurisdiction for CFTC rests with the Appropriations Subcommittee on Agriculture.)
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development. The largest discretionary spending items are the...
The U.S.-Japan alliance has long been an anchor of the U.S. security role in Asia and arguably a contributor to peace and prosperity in the region. Forged during the U.S. occupation of Japan after its defeat in World War II, the alliance provides a platform for U.S. military readiness in the Pacific. About 54,000 U.S. troops are stationed in Japan and have the exclusive use of 85 facilities. In exchange for the use of these bases, the United States guarantees Japan’s security.
Since the early 2000s, the United States and Japan have improved the operational capability of the alliance as a...
Kazakhstan’s Snap Presidential Election Met with Protests
Overview
Kazakhstan, an important U.S. partner in areas such as nuclear nonproliferation and counterterrorism, has embarked on an unprecedented process of political transition. On March 19, 2019, Nursultan Nazarbayev announced his resignation as president after almost 30 years in office. A former Soviet official, Nazarbayev became Kazakhstan’s first elected president in 1991. He was subsequently reelected four times, most recently in 2015, although none of these elections were deemed free and fair by international observers. His authoritarian government faced criticism for human rights...
The Rebuild America’s Schools Act of 2019 (H.R. 865/S. 266): In Brief
A 2014 study conducted by the National Center for Education Statistics within the U.S. Department of Education (ED) found that 53% of public elementary and secondary schools need to spend money on repairs, renovations, and modernizations to put their onsite buildings in good overall condition. The study estimated that the nationwide spending necessary to reach this standard would be approximately $197 billion, or about $4.5 million per school that needs improvements. This report provides a description of and background for selected provisions in the Rebuild America’s Schools Act of 2019...
Keystone XL Pipeline: The Saga Continues
On March 29, 2019, President Trump issued a new Presidential Permit for the proposed Keystone XL Pipeline, superseding the prior Presidential Permit issued by the U.S. State Department in 2017. By issuing the new permit personally, rather than delegating his permit authority as before, the President pursued a new approach to advance the pipeline project in the face of ongoing legal challenges. The pipeline’s developer, TC Energy (previously named TransCanada), has not yet made major capital commitments to the project as it evaluates changing oil market conditions and seeks “a clear path to...
Funding in annual appropriations acts is for a designated fiscal year unless otherwise specified. Federal agencies that receive funds in those acts may obligate the funds during a period that starts at the beginning of that fiscal year, except where funds are made available for obligation over a different time period (such as one that begins after the start of the fiscal year). Three types of alternate periods are discussed in this report: “advance appropriations,” “forward funding,” and “advance funding.”
Advance appropriations become available for obligation one or more fiscal years...
The Economic Effects of the 2017 Tax Revision: Preliminary Observations
The 2017 tax revision, P.L. 115-97, often referred to as the Tax Cuts and Jobs Act, and referred to subsequently as the Act, substantially revised the U.S. tax system. The Act permanently reduced the corporate tax rate to 21%, made a number of revisions in business tax deductions (including limits on interest deductions), and provided a major revision in the international tax rules. It also substantially revised individual income taxes, including an increase in the standard deduction and child credit largely offset by eliminating personal exemptions, along with rate cuts, limits on...
Congressional Roll Call Votes on the Keystone XL Pipeline
TransCanada’s proposed Keystone XL Pipeline would transport oil sands crude from Canada and shale oil produced in North Dakota and Montana to a market hub in Nebraska for further delivery to Gulf Coast refineries. The pipeline would consist of 880 miles of 36-inch pipe with the capacity to transport 830,000 barrels per day.
The Congressional Research Service (CRS) receives frequent requests for congressional votes taken on Keystone XL Pipeline legislation. This report provides roll call vote data on Keystone XL Pipeline legislation identified by CRS using CQ.com’s Roll Call Vote Report...
Biologics and Biosimilars: Background and Key Issues
A biological product, or biologic, is a preparation, such as a drug or a vaccine, that is made from living organisms. Compared with conventional chemical drugs, biologics are relatively large and complex molecules. They may be composed of proteins (and/or their constituent amino acids), carbohydrates (such as sugars), nucleic acids (such as DNA), or combinations of these substances. Biologics may also be cells or tissues used in transplantation.
A biosimilar, sometimes referred to as a follow-on biologic, is a therapeutic drug that is highly similar but not structurally identical, to a...
President Trump’s Possible Tariffs on Mexican Goods: Potential Economic Effects
On May 30, 2019, President Trump issued a statement that he would be invoking authorities granted to him by the International Emergency Economic Powers Act (IEEPA) “to address the emergency” involving illegal immigration at the U.S.-Mexico border by imposing tariffs on all goods from Mexico beginning on June 10, 2019. The President stated that the tariffs would be removed as soon as “the illegal migration crisis is alleviated” through Mexican action. Mexican officials and numerous Members of Congress are reportedly meeting with the Trump Administration to resolve the issue. Mexico’s...
Under Article 1, Section 8 of the U.S. Constitution, Congress has the authority to raise and support armies; provide and maintain a navy; and provide for organizing, disciplining, and regulating them. Congress has used this authority to establish criteria and standards for individuals to be recruited, to advance through promotion, and to be separated or retired from military service. Throughout the history of the armed services, Congress has established some of these criteria based on demographic characteristics such as race, sex, and sexual orientation. In the past few decades there have...
The 2019 European Parliament Elections
Between May 23 and 26, 2019, the 28 member states of the European Union (EU) held elections for the 751 members of the next European Parliament (EP). The only directly elected EU institution, the EP represents the bloc’s roughly 513 million citizens. The EP has accumulated more power over time within the EU, and through such entities as the Transatlantic Legislators’ Dialogue, Congress is likely to engage the EP, including on certain aspects of U.S.-EU relations. Some analysts suggest that gains for parties considered “euroskeptic”—that is, critical of the EU or anti-EU to varying...
Measles Outbreaks, Vaccine Hesitancy, and Federal Policy Options
As of May 31, 2019, 981 cases of measles across 26 U.S. states have been reported to the Centers for Disease Control and Prevention (CDC)—the highest annual number of measles cases since 1992 (with no deaths reported). Figure 1 shows annual measles cases in the past 10 years.
Measles is a highly contagious viral illness that can lead to pneumonia, encephalitis (infection of the brain), and, rarely, death. Certain groups are at greater risk for complications (e.g., children under 5 and adults over 20 years of age). No specific treatment exists, but it can be prevented with a...
At 120 months in June, the current economic expansion is now tied with the longest in U.S. history. As can be seen in Figure 1, previous expansions vary greatly in length but have recently been longer. Dating back to the 1850s, only five have lasted over five years, including the last three.
This expansion, like all previous ones, will eventually end and be followed by a recession. Few economists are forecasting a recession in 2019, but recessions are notoriously hard to predict even a few months beforehand. For background, see CRS In Focus IF10411, Introduction to U.S. Economy: The...
Vehicle Electrification: Federal and State Issues Affecting Deployment
Most of the 270 million cars, trucks, and buses on U.S. highways are powered by internal combustion engines using gasoline or diesel fuel. However, improvements in technology have led to the emergence of vehicle electrification as a potentially viable alternative to internal combustion engines. Several bills pending in the 116th Congress address issues and incentives related to electric vehicles and charging infrastructure.
Experience with fully electric vehicles is relatively recent: While a few experimental vehicles were marketed in the United States in the 1990s, the first contemporary...
War Legacy Issues in Southeast Asia: Unexploded Ordnance (UXO)
More than 40 years after the end of the Vietnam War, unexploded ordnance (UXO) from numerous conflicts, but primarily dropped by U.S. forces over Cambodia, Laos, and Vietnam during the Vietnam War, continues to cause casualties in those countries. Over the past 25 years, the United States has provided a total of over $400 million in assistance for UXO clearance and related activities in those three countries through the Department of Defense (DOD), Department of State (DOS), and United States Agency for International Development (USAID), as well as funding for treatment of victims through...
Programs Available to Unemployed Workers Through the American Job Center Network
Many federally funded programs that assist unemployed workers are co-located and coordinated through state and locally run American Job Centers (AJCs; also known as One-Stop Career Centers). The specific set of benefits and services available to a worker through the AJC network varies by the worker’s characteristics and reason for unemployment.
Unemployment insurance (UI) is a federal-state system and mandatory AJC partner. UI benefits are available to workers who have involuntarily lost their jobs and have demonstrated a required level of labor force attachment. UI provides weekly cash...
New Round of Farm Trade Aid Proposed by Administration for 2019
On May 23, 2019, the U.S. Department of Agriculture (USDA) announced that it will take several actions in 2019 to assist farmers in response to continued economic damage from trade retaliation and trade disruption in international agricultural markets. These actions are to include a new trade aid package for the U.S. farm sector valued at up to $16 billion.
Building on the 2018 Trade Aid Package
USDA implemented a similar trade aid package in 2018, also in response to trade retaliation against U.S. agricultural products. Secretary of Agriculture Sonny Perdue used authority under the...
Overview
On May 24, 2019, the Trump Administration formally notified Congress of immediate foreign military sales and direct commercial sales of training, equipment, and weapons with a possible value of more than $8 billion, including sales of precision guided munitions (PGMs) to Saudi Arabia and the United Arab Emirates (UAE), and the gift transfer of PGMs by the UAE to Jordan. Other notified sales include, among others: F-15 Engines and Support for Saudi Arabia and AH-64 equipment, Javelin Anti-Tank Missiles, and Patriot Guidance Enhanced Missiles for the UAE.
In making the...
Technological Convergence: Regulatory, Digital Privacy, and Data Security Issues
Technological convergence, in general, refers to the trend or phenomenon where two or more independent technologies integrate and form a new outcome. One example is the smartphone. A smartphone integrated several independent technologies—such as telephone, computer, camera, music player, television (TV), and geolocating and navigation tool—into a single device. The smartphone has become its own, identifiable category of technology, establishing a $350 billion industry.
Of the three closely associated convergences—technological convergence, media convergence, and network...
Youth Transitioning from Foster Care: Background and Federal Programs
While many young people have access to emotional and financial support systems throughout their early adult years, older youth in foster care and those who are emancipated from care often lack such security. This can be an obstacle for them in developing independent living skills and building supports that might ease their transition to adulthood. Older foster youth who return to their parents or guardians may continue to experience poor family dynamics or lack supports, and studies have shown that recently emancipated foster youth fare poorly relative to their counterparts in the general...
The Jobs Report
The Bureau of Labor Statistics’ (BLS’s) monthly Employment Situation Summary—more commonly known as the jobs report—can from time to time report seemingly contradictory figures. For example, the jobs report for April 2019 reports that the unemployment rate decreased from 3.8% to 3.6%, while the employment level fell by 103,000 people. The April jobs report also includes an alternative measure of employment in which employment rose by 263,000 individuals. How can these seemingly contradictory figures be reported side by side? The explanation lies in two quirks in the jobs...
National Volcano Early Warning and Monitoring System Enacted in the 116th Congress
Priority Volcanoes in the United States
In 2018, the U.S. Geological Survey (USGS, a bureau within the Department of the Interior) published a volcanic threat assessment that assigned five threat levels (very high, high, moderate, low, and very low) to 161 volcanoes in 14 states and U.S. territories (Figure 1). The assessment ranked 18 volcanoes as very high and 39 as high. Eleven of the 18 very-high-threat volcanoes are in Washington, Oregon, or California; five are in Alaska; and two are in Hawaii. The study notes that the high- and moderate-threat volcanoes are mostly in Alaska and that...
The Financial Services and General Government (FSGG) appropriations bill includes funding for more than two dozen independent agencies. Among them are the Consumer Product Safety Commission (CPSC), Election Assistance Commission (EAC), Federal Communications Commission (FCC), Federal Election Commission (FEC), Federal Labor Relations Authority (FLRA), Federal Trade Commission (FTC), General Services Administration (GSA), National Archives and Records Administration (NARA), Office of Personnel Management (OPM), Privacy and Civil Liberties Oversight Board (PCLOB), Securities and Exchange...
USDA Domestic Food Assistance Programs: FY2019 Appropriations
The Consolidated Appropriations Act, 2019 (P.L. 116-6) was enacted on February 15, 2019. This omnibus bill included appropriations for the U.S. Department of Agriculture (USDA), of which USDA’s domestic food assistance programs are a part. Prior to its enactment, the federal government had continued to operate for the first six months of the fiscal year under continuing resolutions (CRs). This report focuses on the enacted appropriations for USDA’s domestic food assistance programs and, in some instances, policy changes provided by the omnibus law. CRS Report R45230, Agriculture and...
Education Policy: Resources for Congressional Staff
Education; elementary education; elementary and secondary education; higher education; postsecondary education; Department of Education; education budget; education appropriations; education resources; education statistics; federal education policy; Senate Committee on Health, Education, Labor, and Pensions; House Committee on Education and Labor; education spending; early childhood education; Head Start; IDEA; Individuals with Disabilities Education; Preschool Development Grants; student financial assistance; higher education tax benefits; GI Bill; federal support for institutions of...
USMCA and Mexico’s New Labor Law
The 116th Congress faces policy issues related to labor under the proposed U.S.-Mexico-Canada Agreement (USMCA) (see CRS Report R44981, NAFTA Renegotiation and the Proposed United States-Mexico-Canada Agreement (USMCA)). On May 1, 2019, Mexican President Andrés Manual López Obrador signed into law a labor reform bill aimed at enhancing Mexican worker rights by ensuring that workers can vote for their union representatives by secret ballot, establishing the right of workers to join the union of their choice and establishing independent labor courts to resolve disputes and register...
The Constitution requires that the House and Senate approve the same bill or joint resolution in precisely the same form before it is presented to the President for his signature or veto. To this end, both houses must pass the same measure and then attempt to reach agreement about its provisions.
The House and Senate may be able to reach agreement by an exchange of amendments between the houses. Each house has one opportunity to amend the amendments from the other house, so there can be Senate amendments to House amendments to Senate amendments to a House bill. House amendments to Senate...
Federal Grants to State and Local Governments: A Historical Perspective on Contemporary Issues
The federal government is expected to provide state and local governments about $750 billion in federal grants in FY2019, funding a wide range of public policies, such as health care, transportation, income security, education, job training, social services, community development, and environmental protection. Federal grants account for about one-third of total state government funding, and more than half of state government funding for health care and public assistance.
Congressional interest in federal grants to state and local governments has always been high given the central role...
OMB Issues New CRA Guidance, Potentially Changing Relationship with Independent Agencies
On April 11, 2019, the acting director of the Office of Management and Budget (OMB) issued a memorandum to agencies on implementation of the Congressional Review Act (CRA). The memorandum discussed the types of agency actions covered by the CRA and, for some agencies, established a new process for determining whether rules are “major” under the CRA.
The most noteworthy effects of the memorandum are its apparent changes to rulemaking procedures for statutorily designated independent regulatory agencies, sometimes also referred to as independent regulatory commissions(IRCs). Depending on how...
Farm Commodity Provisions in the 2018 Farm Bill (P.L. 115-334)
The farm commodity program provisions in Title I of the Agricultural Improvement Act of 2018 (P.L. 115-334; the 2018 farm bill) include revenue support programs for major program crops and permanent agricultural disaster assistance programs for producers of most tree crops and livestock. Aside from dairy and sugar, which have their own specific programs, most grain and oilseed crops produced in the United States are eligible for two tiers of revenue support under Title I of the 2018 farm bill—specialty crops such as fruits, vegetables, and tree nuts are not covered. The first tier of...
House Rules Changes Affecting Committee Procedure in the 116th Congress (2019-2020)
As agreed to in the House, H.Res. 6, a resolution adopting the rules of the House of Representatives, provided amendments to the rules, as well as separate orders, that affect committee procedure in the 116th Congress (2019-2020). Several of these changes apply to general committee procedure, while others concern specific committees, such as modifications to the names, jurisdiction, or procedures of certain House committees. The rules package also established, during the 116th Congress, two new select committees.
H.Res. 6 made several changes to committee membership and organization. Most...
Combating Corruption in Latin America: Congressional Considerations
Corruption of public officials in Latin America continues to be a prominent political concern. In the past few years, 11 presidents and former presidents in Latin America have been forced from office, jailed, or are under investigation for corruption. As in previous years, Transparency International’s Corruption Perceptions Index covering 2018 found that the majority of respondents in several Latin American nations believed that corruption was increasing. Several analysts have suggested that heightened awareness of corruption in Latin America may be due to several possible factors: the...
Prisoners’ Eligibility for Pell Grants: Issues for Congress
In 1994, Congress passed and President Clinton signed the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322), which, among other things, made prisoners ineligible for Pell Grants. However, concerns about the financial and social costs of the growing prison population combined with concerns about the recidivism rate of released prisoners have led some policymakers to reconsider whether prisoners should be allowed to use Pell Grants to help cover the cost of postsecondary coursework. Pell Grants are intended to assist in making the benefits of postsecondary education...
Major Agricultural Trade Issues in the 116th Congress
Sales of U.S. agricultural products to foreign markets absorb about one-fifth of U.S. agricultural production, thus contributing significantly to the health of the farm economy. Farm product exports, which totaled $143 billion in FY2018 (see chart below), make up about 9% of total U.S. exports and contribute positively to the U.S. balance of trade. The economic benefits of agricultural exports also extend across rural communities, while overseas farm sales help to buoy a wide array of industries linked to agriculture, including transportation, processing, and farm input suppliers.
U.S....
The Highway Funding Formula: History and Current Status
More than 90% of federal highway assistance is distributed to the states by formula. Between 1916, when Congress created the first ongoing program to fund road construction, and 2012, various formula factors specified in law were used to apportion highway funds among the states. After 1982, these factors were partially overridden by provisions to guarantee that each state received federal funding at least equal to a specific percentage of the federal highway taxes its residents paid.
Since enactment of the Moving Ahead for Progress in the 21st Century Act (MAP-21; P.L. 112-141) in 2012,...
Health Policy: Resources for Congressional Staff
KEYWORDS: Health policy, health insurance, public health, medical research, health workforce, health spending, health expenditures, Medicare, Medicaid, CHIP, SCHIP, state children’s health insurance program, children’s health insurance program.
Federal Preemption in the Dual Banking System: An Overview and Issues for the 116th Congress
Banks play a critical role in the United States economy, channeling money from savers to borrowers and facilitating productive investment. While the nature of lawmakers’ interest in bank regulation has shifted over time, most bank regulations fall into one of three general categories. First, banks must abide by a variety of safety-and-soundness requirements designed to minimize the risk of their failure and maintain macroeconomic stability. Second, banks must comply with consumer protection rules intended to deter abusive practices and provide consumers with complete information about...
Unreimbursed Employee Job Expenses and the Suspension of the Miscellaneous Itemized Deduction
Before the 2018 tax year, employees who incurred certain unreimbursed job-related expenses were allowed to claim a deduction for the amount of those expenses above 2% of a taxpayer’s adjusted gross income (AGI), under Sections 62 and 67 of the federal tax code. (The deduction also applied to certain costs related to the production or collection of income, and to the management, conservation, or maintenance of property held for producing such income, but they are not addressed here.) Guidance issued by the Internal Revenue Service (IRS) for this itemized miscellaneous deduction identified...
Military Sexual Assault: Chronology of Activity in the 113th-114th Congresses and Related Resources
This report focuses on previous activity in Congress regarding high profile incidents of sexual assault in the military during the summer 2013 through 2016. Included are separate sections on the official responses related to these incidents by the Department of Defense (DOD), the Obama Administration, and Congress including legislation during the 113th (2013-2014) Congress and 114th Congress (2015-2016). The last section is a resource guide for sources in this report and related materials on sexual assault and prevention during this period. This report will not be updated and supersedes...
Military Personnel and Extremism: Law, Policy, and Considerations for Congress
While concern about the confluence of Islamist extremist movements and U.S. military personnel rose following the 2009 attack by an Army officer at Fort Hood, Texas, recent events have raised concerns about the potential for violence from other domestic extremist groups. In February 2019, a Coast Guard lieutenant stationed in Washington, DC, was detained on evidence that he was stockpiling weapons and planning attacks on several high-profile individuals and organizations. Court documents indicated that this individual had sought and espoused white supremacist ideologies. Studies by the...
The Antiquities Act: History, Current Litigation, and Considerations for the 116th Congress
Summary
The Antiquities Act authorizes the President to declare, by public proclamation, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest situated on federal lands as national monuments. The act also authorizes the President to reserve parcels of land surrounding the objects of historic or scientific interest, but requires that the amount of land reserved be confined to the smallest area compatible with the proper care and management of the objects to be protected. Since its enactment in 1906, Presidents have used the Antiquities...
Calendars of the House of Representatives
In the House of Representatives, the term calendar has two related meanings. This report, one of series of reports on legislative process, explains calendars and their use in the House of Representatives.
First, calendar refers to five lists of measures and motions that are (or will soon become) eligible for consideration on the House floor. When a House committee reports a measure, it is placed on the Union, House, or Private Calendars. Unreported measures may be placed on the Consensus Calendar if they are cosponsored by at least 290 Members. The signature of 218 Members on a discharge...
From its inception, the United States Intelligence Community (IC) has relied on close relations with foreign partners. These relationships often reflect mutual security interests and the trust each side has of the other’s credibility and professionalism. They are generally strategic and cover a range of national security priorities involving national defense, emerging threats, counterterrorism, counter-proliferation, treaty compliance, cybersecurity, economic and financial security, counter-narcotics, and piracy.
U.S. intelligence relations with foreign counterparts offer a number of...
U.S. Airborne Electronic Attack Programs: Background and Issues for Congress
U.S. airborne electronic warfare (EW) programs involve developing and procuring EW aircraft and EW systems that are mounted on U.S. aircraft. The President’s FY2020 budget request for the Department of Defense (DOD) proposes funding for a number of airborne EW programs.
The Role of Airborne EW in Modern Warfare
EW is a component of modern warfare, particularly in response to threats posed by potential adversaries such as Russia or China. EW refers to operations that use the electromagnetic spectrum (i.e., the “airwaves”) to detect, listen to, jam, and deceive (or “spoof”) enemy radars,...
Land and Water Conservation Fund: Appropriations for “Other Purposes”
The Land and Water Conservation Fund (LWCF) Act of 1965 (P.L. 88-578) created the LWCF in the Treasury as a funding source to implement the outdoor recreation goals set out by the act. The LWCF Act authorizes the fund to receive $900 million annually, with the monies available only if appropriated by Congress (i.e., discretionary appropriations). The fund also receives mandatory appropriations under the Gulf of Mexico Energy Security Act of 2006 (GOMESA). The level of annual appropriations for the LWCF has varied since the origin of the fund in FY1965.
The LWCF Act outlines uses of the...
Marijuana Use and Highway Safety
A growing number of Americans report that they use marijuana. Most states now allow the use of marijuana for treatment of medical conditions. Ten states and the District of Columbia, representing a quarter of the U.S. population, have decriminalized the recreational use of marijuana, and other states are considering following suit.
As the opportunity for legal use of marijuana grows, there is concern about the impact of marijuana usage on highway safety. In a 2018 survey, the majority of state highway safety officers considered drugged driving an issue at least as important as driving...
Overview
U.S.-Iran tensions have escalated in recent weeks as the Trump Administration has taken several additional steps to implement its “maximum pressure” campaign on Iran’s economy and government, and Iranian leaders have announced responses. U.S. steps have included designating Iran’s Islamic Revolutionary Guard Corps (IRGC) as a terrorist organization, ending exceptions for Iran’s oil customers to buy Iranian oil without U.S. penalty, ending sanctions waivers for some assistance to Iran’s nuclear program, and imposing new sanctions on transactions in some Iranian commodities. Iran’s...
The Community Health Center Fund: In Brief
The Health Center Program, which is administered by the Health Resources and Services Administration within the Department of Health and Human Services, awards grants to outpatient health care facilities that provide care to medically underserved populations. The program’s annual funding has more than tripled, from $1.3 billion to $5.5 billion between FY2002 and FY2019, which has, in turn, increased the number of centers operating, the number of patients they see, and the volume and type of services available.
The program’s funding increase occurred partially because of the Community...
The Potential Decline of Cash Usage and Related Implications
Electronic forms of payment have become increasingly available, convenient, and cost efficient due to technological advances in digitization and data processing. Anecdotal reporting and certain analyses suggest that businesses and consumers are increasingly eschewing cash payments in favor of electronic payment methods. Such trends have led analysts and policymakers to examine the possibility that the use and acceptance of cash will significantly decline in coming years and to consider the effects of such an evolution.
Cash is still a common and widely accepted payment system in the United...
FY2018 and FY2019 Appropriations for Agricultural Conservation
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the Forest Service. The FY2018 Consolidated Appropriations Act (P.L. 115-141, Division A), and the FY2019 Consolidated Appropriations Act (P.L. 116-6, Division B) include funding for conservation programs and activities at USDA.
Congress passed the FY2018 Consolidated Appropriations Act on March 23, 2018. FY2019 began with seven appropriations bills, including USDA, unfinished. The House and Senate Appropriations Committees reported Agriculture appropriations bills for FY2019 (H.R. 5961, S....
DOD’s Proposal to Reduce Military Medical End Strength
In accordance with 10 U.S.C. §115, Congress annually authorizes the end strength for active duty and reserve component personnel. End strength is the maximum number of personnel permitted in each military service (e.g., Army, Marine Corps, Navy, Air Force) as of September 30, the last day of the fiscal year. For fiscal year (FY) 2019, Congress authorized a total end strength of 1,338,100 active duty personnel and 824,700 reserve component personnel, including subtotals by force. Each military service then decides how to organize, train, and equip the people who compose its authorized end...
Cyclones Idai and Kenneth in Southeastern Africa: Humanitarian and Recovery Response in Brief
Cyclone Idai, a large and powerful Category 2 tropical storm, came ashore on March 14, 2019, at Beira, a low-lying port city in central Mozambique, causing widespread devastation in southeastern Africa. On April 25, a second strong storm, Cyclone Kenneth, came ashore just north of the coastal town of Pemba in northern Mozambique. A Category 4 storm, Cyclone Kenneth featured even stronger winds than Cyclone Idai, as well as torrential rains, although it affected an area with a smaller population.
The Cyclone Idai system dumped torrents of rain over large parts of Mozambique, Malawi,...
FY2018 and FY2019 Agriculture Appropriations: International Food Aid
The Agriculture appropriations bill—formally known as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act—funds the U.S. Department of Agriculture (USDA) except for the Forest Service. This includes funding for certain U.S. international food aid programs.
In March 2018, President Trump signed the Consolidated Appropriations Act, 2018 (P.L. 115-141), an omnibus appropriations act for FY2018, into law. In February 2019, President Trump signed the Consolidated Appropriations Act, 2019 (P.L. 116-6), an omnibus appropriations act for...
Agriculture and Related Agencies: FY2019 Appropriations
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the Forest Service. It also funds the Food and Drug Administration (FDA) and—in even-numbered fiscal years—the Commodity Futures Trading Commission (CFTC).
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development. The largest discretionary spending items are the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); agricultural research; rural development; FDA; foreign...
Financial Services and General Government (FSGG) FY2019 Appropriations: Overview
The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and more than two dozen independent agencies. The House and Senate FSGG bills fund the same agencies, with one exception. The Commodity Futures Trading Commission (CFTC) is usually funded through the Agriculture appropriations bill in the House and the FSGG bill in the Senate.
President Trump submitted his FY2019 budget request on February 12, 2018. The request included a total of...
Enhanced Prudential Regulation of Large Banks
The 2007-2009 financial crisis highlighted the problem of “too big to fail” financial institutions—the concept that the failure of large financial firms could trigger financial instability, which in several cases prompted extraordinary federal assistance to prevent their failure. One pillar of the 2010 Dodd-Frank Act’s (P.L. 111-203) response to addressing financial stability and ending too big to fail is a new enhanced prudential regulatory (EPR) regime that applies to large banks and to nonbank financial institutions designated by the Financial Stability Oversight Council (FSOC) as...
Terrorism, Violent Extremism, and the Internet: Free Speech Considerations
Recent acts of terrorism and hate crimes have prompted a renewed focus on the possible links between internet content and offline violence. While some have focused on the role that social media companies play in moderating user-generated content, others have called for Congress to pass laws regulating online content promoting terrorism or violence. Proposals related to government action of this nature raise significant free speech questions, including (1) the reach of the First Amendment’s protections when it comes to foreign nationals posting online content from abroad; (2) the scope of...
“Sanctuary” Jurisdictions: Federal, State, and Local Policies and Related Litigation
There is no official or agreed-upon definition of what constitutes a “sanctuary” jurisdiction, and there has been debate as to whether the term applies to particular states and localities. Moreover, state and local jurisdictions have varied reasons for opting not to cooperate with federal immigration enforcement efforts, including reasons not necessarily motivated by disagreement with federal policies, such as concern about potential civil liability or the costs associated with assisting federal efforts. But traditional sanctuary policies are often described as falling under one of three...
Federally Supported Water Supply and Wastewater Treatment Programs
For more than four decades, Congress has authorized and refined several programs to help communities address water supply and wastewater problems. The agencies that administer these programs differ in multiple ways. In terms of funding mechanisms, projects developed by the Bureau of Reclamation (Reclamation) and the U.S. Army Corps of Engineers (USACE) typically require direct, individual project authorizations from Congress.
In contrast, standing program authorizations provide project funding for other agencies, including
the Department of Agriculture (USDA),
the U.S. Environmental...
The Low Income Home Energy Assistance Program (LIHEAP) provides funds to states, the District of Columbia, U.S. territories and commonwealths, and Indian tribal organizations (collectively referred to as grantees) primarily to help low-income households pay home energy expenses. The LIHEAP statute provides for two types of funding: regular funds (sometimes referred to as block grant funds) and emergency contingency funds. Regular funds are allocated to grantees based on a formula, while emergency contingency funds may be released to one or more grantees at the discretion of the Secretary...
Cybersecurity: Legislation and Hearings, 115th-116th Congresses
Most major cybersecurity legislative provisions were enacted prior to 2002, despite many recommendations having been made over the past decade. More recently, in the 115th and 116th Congresses, cybersecurity legislation has received either committee or floor action or final passage, and both chambers have held multiple hearings.
In the 116th Congress, a number of House and Senate bills have received consideration, and hearings have been held by committees in each chamber.
In the 115th Congress, 31 bills received some type of action (committee consideration or passage by one or both...
Many U.S. officials and Members of Congress consider Spain to be an important U.S. ally and one of the closest U.S. partners in Europe. Spain’s April 2019 election returned a fragmented result, but most seated parties favor the continuation of close U.S.-Spain relations.
Socialist Party Wins, But No Majority
The center-left Socialist Workers’ Party (PSOE), led by incumbent Prime Minister Pedro Sánchez, came in first place in Spain’s general election held on April 28, 2019. The PSOE won 123 out of the 350 seats in Spain’s Congress of Deputies (lower house of parliament), with nearly 29% of...
Social Security: The Trust Funds and Alternative Investments
The Old-Age, Survivors, and Disability Insurance (OASDI) program provides monthly benefits to retired or disabled workers and their family members and to the family members of deceased workers. These monthly benefits constitute a substantial portion of income for a large segment of recipients.
The OASDI program is financed primarily by payroll taxes on covered earnings up to an annual limit, as well as federal income taxes paid by some beneficiaries on a portion of their OASDI benefits. OASDI program revenues are invested in federal government securities held by the Federal Old-Age...
Water Infrastructure Financing: The Water Infrastructure Finance and Innovation Act (WIFIA) Program
The Water Infrastructure Finance and Innovation Act (WIFIA) program provides financial assistance for water infrastructure projects, including projects to build and upgrade wastewater and drinking water treatment systems. Congress established the WIFIA program in the Water Resources Reform and Development Act of 2014 (WRRDA 2014, P.L. 113-121).
The WIFIA concept is modeled after a similar program that finances transportation projects, the Transportation Infrastructure Finance and Innovation Act (TIFIA) program. Proponents of the WIFIA approach, including water utility organizations, cite...
Administration Proposal to Reorganize the U.S. Office of Personnel Management (OPM)
The U.S Office of Personnel Management (OPM), the federal government’s central personnel agency, is an independent establishment in the executive branch. Created by the Civil Service Reform Act of 1978, the agency’s statutory authority is codified in 5 U.S.C. Chapter 11. In June 2018, President Donald Trump issued reorganization recommendations that included a proposal to transfer several OPM functions to the Executive Office of the President (EOP) and the General Services Administration (GSA). The President’s FY2020 budget restated the reorganization proposal, including that the entire...
Introduction
On April 30th, the 85-year-old Japanese Emperor, Akihito, is to abdicate after 30 years on the Chrysanthemum throne, becoming the first to do so in over 200 years. The following day his eldest son, Naruhito, is to become the 126th Emperor of Japan. Japanese imperial successions are regarded as times of societal transition and therefore an important political moment. Japan will look to mark the occasion with friends and allies, including at an enthronement ceremony in October to which foreign delegations may be invited. Japanese Prime Minister Shinzo Abe invited President...
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
In response to concerns over the adequacy of firefighter staffing, the Staffing for Adequate Fire and Emergency Response Act, known as the SAFER Act, was enacted by the 108th Congress as Section 1057 of the FY2004 National Defense Authorization Act (P.L. 108-136). The SAFER Act authorizes grants to career, volunteer, and combination local fire departments for the purpose of increasing the number of firefighters to help communities meet industry-minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire-related hazards. Also authorized are grants to...
Base Closure and Realignment (BRAC): Background and Issues for Congress
Since 1977, statutory thresholds have effectively constrained the President’s ability to close or realign major military installations in the United States. Congress has instead periodically granted temporary authorities—known as a Base Realignment and Closure (BRAC)—that have established independent commissions for the review and approval of basing changes submitted by the Secretary of Defense. These unique and transient authorities last expired on April 16, 2006. There have been five rounds of base closures: 1988, 1991, 1993, 1995, and 2005.
Though Congress has periodically adjusted the...
Assistance to Firefighters Program: Distribution of Fire Grant Funding
The Assistance to Firefighters Grant (AFG) Program, also known as fire grants or the FIRE Act grant program, was established by Title XVII of the FY2001 National Defense Authorization Act (P.L. 106-398). Currently administered by the Federal Emergency Management Agency (FEMA), Department of Homeland Security (DHS), the program provides federal grants directly to local fire departments and unaffiliated Emergency Medical Services (EMS) organizations to help address a variety of equipment, training, and other firefighter-related and EMS needs. AFG also supports fire prevention projects and...
Selected Homeland Security Issues in the 116th Congress: CRS Experts
In 2001, in the wake of the terrorist attacks of September 11, “homeland security” went from being a concept discussed among a relatively small cadre of policymakers and strategic thinkers to one broadly discussed among policymakers, including a broad swath of those in Congress. Debates over how to implement coordinated homeland security policy led to the passage of the Homeland Security Act of 2002 (P.L. 107-296), the establishment of the Department of Homeland Security (DHS), and extensive legislative activity in the ensuing years.
Initially, homeland security was largely seen as...
United States Fire Administration: An Overview
The United States Fire Administration (USFA)—which includes the National Fire Academy (NFA)—is currently housed within the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS). The objective of the USFA is to significantly reduce the nation’s loss of life from fire, while also achieving a reduction in property loss and nonfatal injury due to fire.
The Consolidated Appropriations Act, 2019 (P.L. 116-6) provided $45.679 million for USFA, including $1.5 million in the FEMA Procurement, Construction, and Improvements account for the National Emergency...
Ukraine Elects a New President
On April 21, 2019, Ukraine held the second round of its first presidential election since 2014, the year Russia occupied Ukraine’s Crimea region and fostered a separatist conflict in eastern Ukraine. Popular actor-comedian and political novice Volodymyr Zelensky won an overwhelming victory. He defeated incumbent President Petro Poroshenko 73% to 24%. Observers considered the election to be largely free and fair.
The election outcome suggests that Ukraine’s population is highly dissatisfied with politics as usual. Zelensky, 41, ran as an outsider ostensibly untainted by politics or...
Sri Lanka’s 2019 Easter Bombings
The Attack
A series of Easter Sunday bombings in Sri Lanka claimed over 350 lives and left over 500 injured. At least 38 of the dead are foreigners, including four Americans. The bombings targeted churches in the capital Colombo, as well as Negombo, and Batticaloa. The Shangri-la, Cinnamon Grand, and Kingsbury Hotels in Colombo were also targeted. A planned attack on a fourth hotel failed and reportedly helped police identify the perpetrators of the attacks. The attacks were carried out by nine Sri Lankan suicide bombers and are the worst violence to strike Sri Lanka since the 2009 end of...
Community Disaster Loans: Homeland Security Issues in the 116th Congress
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The Community Disaster Loan (CDL) program was developed to help local governments manage tax and other revenue shortages following a disaster. Administered by the Federal Emergency Management Agency (FEMA), CDLs provide financial liquidity to local governments through a structured loan that may be converted to grants when certain financial conditions are met. CDLs are codified in Section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §5184, as amended). Modified “non-traditional” CDL programs were developed in response to Hurricanes Rita and...
Iran Oil Sanctions Exceptions Ended
Overview
On April 22, 2019, the State Department announced that exceptions granted to eight countries enabling them to buy Iranian oil without U.S. penalty would not be renewed when they expire on May 2, 2019. The announcement stated that the global oil market is sufficiently well supplied to permit the move, which “aims to bring Iran’s oil exports to zero, denying the regime its principal source of revenue.” The decision has raised speculation over how effective it will be in reducing Iran’s oil exports, how Iran will react, and potential effects on the global oil market—issues that might...
Child Nutrition Programs: Current Issues
The term child nutrition programs refers to several U.S. Department of Agriculture Food and Nutrition Service (USDA-FNS) programs that provide food for children in institutional settings. These include the school meals programs—the National School Lunch Program and School Breakfast Program—as well as the Child and Adult Care Food Program, Summer Food Service Program, Special Milk Program, and Fresh Fruit and Vegetable Program.
The most recent child nutrition reauthorization, the Healthy, Hunger-Free Kids Act of 2010 (HHFKA; P.L. 111-296), made a number of changes to the child nutrition...
The World Oil Market and U.S. Policy: Background and Select Issues for Congress
The United States, as the largest consumer and producer of oil, plays a major role in the world market. Policy decisions can affect the price of oil and petroleum products (e.g., gasoline) for U.S. consumers and companies operating in U.S. oil production, transportation, and refining sectors. Congress considers policies that can affect the world oil market, including trade, sanctions, protection of trade routes, the Strategic Petroleum Reserve (SPR), and alternative fuel standards.
Technological advancements, supportive policies, and other aspects of the U.S. oil industry have reversed a...
The Violence Against Women Act (VAWA): Historical Overview, Funding, and Reauthorization
The Violence Against Women Act (VAWA; Title IV of P.L. 103-322) was originally enacted in 1994. It addressed congressional concerns about violent crime, and violence against women in particular, in several ways. It allowed for enhanced sentencing of repeat federal sex offenders; mandated restitution to victims of specified federal sex offenses; and authorized grants to state, local, and tribal law enforcement entities to investigate and prosecute violent crimes against women, among other things. VAWA has been reauthorized three times since its original enactment. Most recently, Congress...
Assessing Commercial Disclosure Requirements under the First Amendment
Federal law contains a wide variety of disclosure requirements, including food labels, securities registrations, and disclosures about prescription drugs in direct-to-consumer advertising. These disclosure provisions require commercial actors to make statements that they otherwise might not, compelling speech and implicating the Free Speech Clause of the First Amendment. Nonetheless, while commercial disclosure requirements may regulate protected speech, that fact in and of itself does not render such provisions unconstitutional.
The Supreme Court has historically allowed greater...
Army Corps of Engineers: Water Resource Authorization and Project Delivery Processes
At the direction of Congress, the U.S. Army Corps of Engineers (USACE) in the Department of Defense (DOD) undertakes water resource development activities. USACE develops civil works projects principally to improve navigable channels, reduce flood and storm damage, and restore aquatic ecosystems. Congress directs USACE through authorizations and appropriations legislation. Congress often considers USACE authorization legislation biennially and appropriations annually. USACE attracts congressional attention because its projects can have significant local and regional economic benefits and...
Global Measles Vaccination Trends
Congress has long taken an interest in infectious disease prevention and control. Measles is a highly contagious virus that is transmitted through droplets emitted from an infected person when coughing and sneezing. The virus can live for up to two hours in the airspace or on a surface where an infected person coughed or sneezed. Other people can contract the disease if they breathe contaminated air or touch their eyes, nose, or mouth after touching a contaminated surface. Up to 90% of those in the proximity of an infected person who are not immune to the disease will be infected. Symptoms...
Continuing Resolutions: Overview of Components and Practices
The program activities of most federal agencies are generally funded on an annual basis through the enactment of regular appropriations acts. When those annual appropriations acts are not enacted by the beginning of the fiscal year (i.e., by October 1), one or more continuing appropriations acts (commonly known as continuing resolutions or CRs) may be enacted to provide temporary funding to continue certain programs and activities until action on the regular appropriations acts is completed.
Congress has included six main components in CRs. First, CRs have provided funding for certain...
New Deadline Is End of October 2019
The departure of the United Kingdom (UK) from the European Union (EU), known as “Brexit,” was originally scheduled for March 29, 2019. The UK House of Commons has repeatedly rejected the withdrawal agreement that the UK government negotiated with the EU, however, while also opposing the “no-deal” option of leaving the EU without a withdrawal agreement.
On March 22, EU leaders agreed to extend the UK’s departure date to May 22, 2019, provided the UK could approve the agreement by April 12, 2019. As that deadline drew near, EU leaders at an emergency...
Agricultural Conservation in the 2018 Farm Bill
The Agriculture Improvement Act of 2018 (2018 farm bill, P.L. 115-334, Title II) included a number of changes to agricultural conservation programs, including reauthorizing and amending existing programs, directing existing program activities to specific resource concerns, shifting funds within the title, and authorizing a budget-neutral level of funding.
Debate over the conservation title in the 2018 farm bill focused on a number of issues in the different versions in the House- and Senate-passed bills (H.R. 2). These differences were resolved in a House-Senate conference to create the...
Clean Air Act Issues in the 116th Congress
Review and rollback of Clean Air Act rules to regulate greenhouse gas (GHG) emissions from power plants, cars and trucks, and the oil and gas sector has been a major focus of the Trump Administration since it took office in 2017. On March 28, 2017, President Trump signed Executive Order 13783, to require the review of regulations and policies that “burden the development or use of domestically produced energy resources.” The E.O. directed the U.S. Environmental Protection Agency (EPA) to review the Clean Power Plan (CPP), which set limits on GHG emissions from existing power plants, and...
Netanyahu’s April 2019 Election Victory: Implications for Israel’s Leadership and U.S. Policy
In elections held on April 9, 2019, the Likud party of Israeli Prime Minister Binyamin Netanyahu tied for the most Knesset (parliament) seats. Most observers assess that, in the context of Israel’s political system, Netanyahu will begin a fifth term as prime minister (1996-1999, 2009-present) after assembling a coalition government with his traditional right-leaning and ultra-Orthodox partners (see Figure 1). Netanyahu’s victory came despite a significant challenge from the new Blue and White party—led by former top general Benny Gantz and prominent politician Yair Lapid (a former finance...
The Federal Communications Commission (FCC) is an independent federal agency established by the Communications Act of 1934 (1934 Act, or “Communications Act”). The agency is charged with regulating interstate and international communications by radio, television, wire, satellite, and cable. The mission of the FCC is to make available for all people of the United States, “without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nationwide, and worldwide wire and radio communication service with adequate facilities at reasonable charges.”
The...
Forest Management Provisions Enacted in the 115th Congress
The 115th Congress enacted several provisions affecting management of the National Forest System (NFS), administered by the Forest Service (in the Department of Agriculture), and the lands managed by the Bureau of Land Management (BLM, in the Department of the Interior). The provisions were enacted through two laws: the Stephen Sepp Wildfire Suppression Funding and Forest Management Activities Act, enacted as Division O of the Consolidated Appropriations Act, 2018 (P.L. 115-141, commonly referred to as the FY2018 omnibus), and the Agricultural Improvement Act of 2018 (P.L. 115-334, Title...
DHS Budget v. DHS Appropriations: Fact Sheet
(TO BE SUPPRESSED) Department of Homeland Security DHS budget Appropriations FY2004, FY2005, FY2006, FY2007, FY2008, FY2009, FY2010, FY2010, FY2011, FY2012, FY2013, FY2014, FY2015, FY2016, FY2017, FY2018, FY2019, FY2020 funding analysis non-appropriated funding adjustments under the Budget Control Act supplemental mandatory user fee trust fund
Tax Equity Financing: An Introduction and Policy Considerations
This report provides an introduction to the general tax equity financing mechanism. The term tax equity investment describes transactions that pair the tax credits or other tax benefits generated by a qualifying physical investment with the capital financing associated with that investment. These transactions involve one party agreeing to assign the rights to claim the tax credits to another party in exchange for an equity investment (i.e., cash financing). The exchange is sometimes referred to as “monetizing,” “selling,” or “trading” the tax credits. Importantly, however, the “sale” of...
International Criminal Court: U.S. Response to Examination of Atrocity Crimes in Afghanistan
On April 5, 2019, Secretary of State Mike Pompeo revoked the U.S. travel visa permitting International Criminal Court (ICC) Prosecutor Fatou Bensouda to enter the United States, unless visiting U.N. headquarters in New York, citing legal authority (8 U.S.C. §1182(a)(3)(C)(i)) to restrict entry of persons “whose ... proposed activities in the United States would have potentially serious adverse foreign policy consequences.” Secretary Pompeo explained the reason for the decision was Ms. Bensouda’s possible investigation of allegations of war crimes and crimes against humanity in and related...
U.S. Farm Income Outlook for 2019
This report uses the U.S. Department of Agriculture’s (USDA) farm income projections (as of March 6, 2019) and agricultural trade outlook update (as of February 21, 2019) to describe the U.S. farm economic outlook. According to USDA’s Economic Research Service (ERS), national net farm income—a key indicator of U.S. farm well-being—is forecast at $69.4 billion in 2019, up $6.3 billion (+10%) from last year. The forecast rise in 2019 net farm income is the result of an increase in gross returns (up $8.5 billion or +2%)—including continued payments under the trade aid package announced by...
Presidential Terms and Tenure: Perspectives and Proposals for Change
The President and Vice President’s terms of office are prescribed by the Constitution and four of its amendments.
Article II, Section 1, of the Constitution, which came into effect with the convening of the First Congress and inauguration of the first President and Vice President in 1789, sets the terms of these two officers at four years, and does not prohibit their reelection. Four amendments to the Constitution, ratified between 1804 and 1967, have added further conditions to presidential terms and tenure.
The Twelfth Amendment, ratified in 1804, extended the qualifications for...
Bosnia and Herzegovina: Background and U.S. Policy
Bosnia and Herzegovina (hereafter, “Bosnia”) drew heavily on U.S. support after gaining independence from Yugoslavia in 1992. The United States helped end the Bosnian war (1992-1995), one of the most lethal conflicts in Europe since the Second World War, by leading NATO airstrikes against Bosnian Serb forces, brokering the Dayton Peace Agreement in 1995, and deploying 20,000 U.S. troops. Some Members of Congress became involved in policy debates over these measures, and Congress monitored and at times challenged the Bush and Clinton Administrations’ response through numerous hearings,...
U.S. Military Electronic Warfare Research and Development: Recent Funding Projections
The National Defense Strategy Commission identified Electronic Warfare (EW) as a critical capability to ensure the U.S. military remains competitive. In its FY2019 and FY2020 Defense Budget overview documents, the Department of Defense (DOD) identified EW as a priority to improve platform and network survivability; provide advanced jamming techniques to disrupt radars, communications, and command and control systems; and provide measures to defend the space domain and maintain power projection forces.
Even before the release of the Commission report, Congress showed an interest in EW...
Cyprus: Reunification Proving Elusive
Four months into 2019, unification talks intended to end the division of Cyprus after 55 years as a politically separated nation and 45 years as a physically divided country have remained suspended since July 2017. Attempts by the United Nations to find common ground between the two Cypriot communities to resume the negotiations have not been successful. The talks have fallen victim to the realities of five decades of separation and both sides’ inability to make the necessary concessions to reach a final settlement. As a result, the long-sought bizonal, bicommunal, federal solution for the...
The Global Economy: Is Slower Growth Ahead?
Recent economic forecasts project a mild slowing in global economic growth in 2019, centered mostly in developed economies and Asia, according the International Monetary Fund (IMF) and the Organization for Economic Co-operation and Development (OECD), as indicated in Table 1. The IMF April 2019 forecast of global economic growth in 2019 and 2020 projects a growth rate of 3.3% and 3.6%, respectively, down about 0.2 percentage points (pp) from previous forecasts. It also forecasts global trade growth of about 3.4%, and a fall in energy prices of about 13%. IMF April 2019 forecast for global...
FY2019 Defense Appropriations Act (P.L. 115-245)
The FY2019 Department of Defense Appropriations Act, enacted as Division A of P.L. 115-245, provides $667.3 billion in new budget authority to fund all activities of the Department of Defense (DOD) except for the construction of military facilities and the operation of military family housing complexes.
While the total amount appropriated for DOD for FY2019 was nearly equal to the Administration’s request, the act provides more funding than requested for dozens of weapons acquisition programs, with the gross increase exceeding $10 billion. Those additions are offset by hundreds of...
Title IX of the Education Amendments of 1972 (Title IX) provides an avenue of legal relief for victims of sexual abuse and harassment at educational institutions. It bars discrimination “on the basis of sex” in an educational program or activity receiving federal funding. Although Title IX makes no explicit reference to sexual harassment or abuse, the Supreme Court and federal agencies have determined that such conduct can sometimes constitute discrimination in violation of the statute; educational institutions in some circumstances can be held responsible when a teacher sexually harasses...
The Postsecondary Undergraduate Population: Student Income and Demographics
Since the 1950s and the creation of the first federal student aid programs, one aim of federal higher education policy has been to promote access to postsecondary education, particularly for students with financial need. In recent years, the federal government has annually made available more than $100 billion in federal grants, loans, and work-study funds to millions of students to help cover the cost of higher education. As Congress continues to focus on expanding access to postsecondary education through federal student aid policies, understanding various characteristics of the...
FY2020 Funding for Transit Could Be Decreased Due to Highway Trust Fund Law
Unless legislative action is taken, formula funding for the federal transit program could be decreased by approximately $1 billion in FY2020, roughly 12% from the amount authorized in the Fixing America’s Surface Transportation (FAST) Act (P.L. 114-94). This could lead to reductions in federal grants to local transit agencies for purchases of new buses, railcars, and other facilities, the upkeep of existing facilities, and, in the case of many smaller systems, for operating expenses. In a typical year, almost 80% of federal transit funding is distributed by formula.
The potential funding...
Water Infrastructure Financing: History of EPA Appropriations
The principal federal program to aid municipal wastewater treatment plant construction is authorized in the Clean Water Act (CWA). Established as a grant program in 1972, it now capitalizes state loan programs through the clean water state revolving loan fund (CWSRF) program. Since FY1972, appropriations have totaled $98 billion.
In 1996, Congress amended the Safe Drinking Water Act (SDWA, P.L. 104-182) to authorize a similar state loan program for drinking water to help systems finance projects needed to comply with drinking water regulations and to protect public health. Since FY1997,...
For nearly one year following Hurricane Maria in 2017, some disaster survivors from Puerto Rico were housed in hotels/motels through the Federal Emergency Management Agency’s (FEMA’s) Transitional Sheltering Assistance (TSA) program. This was due to multiple program extensions (including by court order), although TSA was intended to provide short-term (i.e., 5-14 days, extendable for up to 6 months) accommodations. As TSA was ending, some disaster survivors still lacked longer-term housing, causing housing advocacy organizations and Members of Congress (also here and here) to call upon...
Iran’s Revolutionary Guard Named a Terrorist Organization
Overview
On April 8, 2019, President Trump announced his intent to name Iran’s Islamic Revolutionary Guard Corps (IRGC) as a Foreign Terrorist Organization (FTO). Administration officials attributed the designation to the IRGC’s being an “active and enthusiastic participant in acts of terror,” including the 1983 bombing of the U.S. Marine barracks in Beirut and the 1996 bombing of the Khobar Towers complex in Saudi Arabia.
The designation, which is subject to congressional review, represents the first time the United States has designated an official military organization of a foreign...
Pittman-Robertson Wildlife Restoration Act: Understanding Apportionments for States and Territories
The Federal Aid in Wildlife Restoration Act (16 U.S.C. §§669 et seq.), enacted in 1937 and now known as the Pittman-Robertson Wildlife Restoration Act, provides funding for states and territories to support wildlife restoration, conservation, and hunter education and safety programs. The U.S. Fish and Wildlife Service (FWS), within the Department of the Interior, administers Pittman-Robertson. All 50 states (but not the District of Columbia) as well as the 5 inhabited U.S. territories receive Pittman-Robertson funds.
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Funding for FWS to carry out Pittman-Robertson programs comes from...
Multinational Species Conservation Fund: FY2020 Appropriations
International species conservation is addressed by several funds, including those under the Multinational Species Conservation Fund (MSCF) and the Neotropical Migratory Bird Conservation Fund (NMBCF). These funds are implemented by relatively small programs within the Fish and Wildlife Service, yet generate significant constituent interest, chiefly concerning their funding levels. This report describes the funds and summarizes recent and proposed appropriations levels. The MSCF is sub-divided into several smaller funds that address certain species. In particular, the MSCF provides funding...
Civil Rights at School: Agency Enforcement of Title VI of the Civil Rights Act of 1964
Title VI of the Civil Rights Act of 1964 prohibits federally funded programs, activities, and institutions from discriminating based on race, color, or national origin. In its current form, largely unchanged since its adoption, Title VI incorporates a number of unique features. Besides barring federally funded programs from discriminating based on race, Title VI also authorizes and directs all federal funding agencies to promulgate rules effectuating that nondiscrimination mandate. Those rules were also made subject to presidential approval, an authority since delegated to the Attorney...
Drug Pricing and Intellectual Property Law: A Legal Overview for the 116th Congress
Intellectual property (IP) rights play an important role in the development and pricing of pharmaceutical products such as prescription drugs and biologics. In order to encourage innovation, IP law grants the rights holder a temporary monopoly on a particular invention or product, potentially enabling him to charge higher-than-competitive prices. IP rights, if sufficiently limited, are typically justified as necessary to allow pharmaceutical manufacturers the ability to recoup substantial costs in research and development, including clinical trials and other tests necessary to obtain...
Increasing the BCA Spending Limits: Characteristics of Previously Enacted Legislation
The Budget Control Act of 2011 (BCA; P.L. 112-25), enacted on August 2, 2011, generated annual statutory discretionary spending limits for defense and nondefense spending that are in effect through FY2021. If appropriations are enacted that exceed a limit for a fiscal year, across-the-board reductions (i.e., sequestration) are triggered to eliminate the excess spending within that category. The BCA further stipulates that certain discretionary spending—such as appropriations designated as emergency requirements or for overseas contingency operations—are effectively exempt from the limits....
Law enforcement officials have described money laundering—the process of making illegally obtained proceeds appear legitimate—as the “lifeblood” of organized crime. Recently, money launderers have increasingly turned to a new technology to conceal the origins of illegally obtained proceeds: virtual currency. Virtual currencies like Bitcoin, Ether, and Ripple are digital representations of value that, like ordinary currency, function as media of exchange, units of account, and stores of value. However, unlike ordinary currencies, virtual currencies are not legal tender, meaning they cannot...
HUD FY2019 Appropriations: In Brief
The programs and activities of the Department of Housing and Urban Development (HUD) are designed primarily to address housing problems faced by households with very low incomes or other special housing needs and to expand access to homeownership. Nearly all of the department’s budget comes from discretionary appropriations provided each year in the annual appropriations acts, typically as a part of the Transportation, HUD, and Related Agencies appropriations bill (THUD).
On February 12, 2018, the Trump Administration submitted its FY2019 budget request to Congress, including $41.4 billion...
Department of Housing and Urban Development (HUD): FY2020 Budget Request Fact Sheet
Overview of FY2020 President’s Budget request for the Department of Housing and Urban Development (HUD).
FY2018 State Grants Under Title I-A of the Elementary and Secondary Education Act (ESEA)
The Elementary and Secondary Education Act (ESEA), most recently comprehensively amended by the Every Student Succeeds Act (ESSA; P.L. 114-95), is the primary source of federal aid to K-12 education. The Title I-A program is the largest grant program authorized under the ESEA and was funded at $15.8 billion for FY2018. It is designed to provide supplementary educational and related services to low-achieving and other students attending elementary and secondary schools with relatively high concentrations of students from low-income families.
Under current law, the U.S. Department of...
Low Interest Rates, Part 1: Economic and Fiscal Implications
Since the 2007-2009 financial crisis, U.S. interest rates have been unusually low by historical standards. This Insight discusses the implications of low interest rates for households and fiscal policy. It is the first of three parts. Low Interest Rates, Part 2 discusses implications for monetary policy. Low Interest Rates, Part 3 discusses potential causes.
Low Interest Rates
When describing interest rate trends, each debt instrument is different. The interest rate on every debt instrument is determined by market supply and demand for that instrument, and each instrument has different...
Cybersecurity: Homeland Security Issues for the 116th Congress
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Introduction
For policymaking purposes, cybersecurity can be considered the security of cyberspace. Taking this broad view allows policymakers to examine discrete elements of cybersecurity and determine which parts to address through the legislative process. Cyberspace, itself, includes the infrastructure necessary for the internet to work (e.g., wires, modems, and servers), the services used via the Internet (e.g., web applications and websites), the devices on the network (e.g., computers and Internet-of-Things devices), and the users of those devices. Cybersecurity involves many...
Interior, Environment, and Related Agencies: Overview of FY2019 Appropriations
The Interior, Environment, and Related Agencies appropriations bill contains funding for more than 30 agencies and entities. They include most of the Department of the Interior (DOI) as well as agencies within other departments, such as the Forest Service within the Department of Agriculture and the Indian Health Service within the Department of Health and Human Services. The bill also provides funding for the Environmental Protection Agency (EPA), arts and cultural agencies, and other organizations and entities. Issues for Congress included determining the amount, terms, and conditions of...
On April 4, 2019, foreign ministers from the 29 member states of the North Atlantic Treaty Organization (NATO) are to gather in Washington, DC, to mark the 70th anniversary of the North Atlantic Treaty (also known as the Washington Treaty). NATO Secretary General Jens Stoltenberg is to address a joint session of Congress on April 3, 2019, the first ever to do so. Congress was instrumental in creating NATO in 1949 and has played a critical role in shaping U.S. policy toward the alliance ever since.
A key goal of the 70th anniversary meeting will be to highlight NATO’s past successes and...
Trade Related Agencies: FY2019 Appropriations, Commerce, Justice, Science and Related Agencies (CJS)
The Consolidated Appropriations Act, 2019 (P.L. 116-6), was signed into law on February 15, 2019. The act included a total of $647.0 million in funding for three trade-related agencies under the Commerce, Justice, Science and Related Agencies (CJS) account—the International Trade Administration (ITA), the U.S. International Trade Commission (USITC), and the office of the United States Trade Representative (USTR). This represents a 0.2% decrease from FY2018 appropriations. For FY2019, the Consolidated Appropriations Act, 2019, included $484.0 million in direct appropriations for ITA (a 0.4%...
India’s 2019 National Elections: A Preview
Overview
India, a populous South Asian federal republic, is about to undertake the largest democratic exercise in human history in seating a new lower house of Parliament, the 545-seat Lok Sabha. The numbers involved can inspire awe: there are 880 million eligible voters in the country’s 29 states and 7 union territories. Five phases of voting will begin on April 11; results are due May 23. The last polls in 2014 saw about 540 million voters choose from among more than 8,250 candidates representing 464 parties. Incumbent Prime Minister Narendra Modi and his Bharatiya Janata Party (BJP or...
America’s Water Infrastructure Act of 2018 (P.L. 115-270): Drinking Water Provisions
Congress has long deliberated on the condition of drinking water infrastructure and drinking water quality as well as the financial and technical challenges some public water systems face in ensuring the delivery of safe and adequate water supplies. Several events and circumstances—including source water contamination incidents; water infrastructure damage from natural disasters, such as hurricanes; detection of elevated lead levels in tap water in various cities and schools; and the nationwide need to repair or replace aging drinking water infrastructure—have increased national attention...
In 2018, the Office on Violence Against Women (OVW) changed the expansive domestic violence (DV) definition that appeared on its website to the more narrow statutory definition used for grant programs. There is some confusion as to the meaning and implication of OVW’s change. In the 116th Congress, legislation has been introduced that would amend the definition used in the Violence Against Women Act (VAWA) grant programs—the Violence Against Women Reauthorization Act of 2019 (H.R. 1585), if enacted, would amend and expand the definition of DV.
Federal Definitions of DV
The federal...
Firefighter Assistance Grants: Homeland Security Issues in the 116th Congress
Background
Structural firefighting—which typically refers to fighting fires in residential, commercial, and other types of buildings—is primarily the responsibility of local governments. During the 1990s, shortfalls in state and local budgets, coupled with increased responsibilities of local fire departments, led many in the fire service community to call for additional financial support from the federal government.
In response, Congress established firefighter assistance grant programs within the Federal Emergency Management Agency (FEMA) to provide additional support for local fire...
Overview of Federal Housing Assistance Programs and Policy
The federal government has been involved in providing housing assistance to lower-income households since the 1930s. In the beginning, the federal government played a role in supporting the mortgage market (through establishment of the Federal Housing Administration [FHA] and the government-sponsored enterprises) and in promoting construction of low-rent public housing for lower-income families through local public housing authorities (PHAs). Over time, the federal government has shifted away from providing construction-based subsidies toward providing rental subsidies, and private...
Congressional Subpoenas: Enforcing Executive Branch Compliance
Congress gathers much of the information necessary to oversee the implementation of existing laws or to evaluate whether new laws are necessary from the executive branch. While executive branch officials comply with most congressional requests for information, there are times when the executive branch chooses to resist disclosure.
When Congress finds an inquiry blocked by the withholding of information by the executive branch, or where the traditional process of negotiation and accommodation is inappropriate or unavailing, a subpoena—either for testimony or documents—may be used to compel...
Free Speech and the Regulation of Social Media Content
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech.
Currently, federal law does...
2019 Midwest Flooding: FEMA and Other Federal Programs and Resources
Introduction
This Insight provides a brief overview of the major disaster declaration process and federal assistance programs potentially available to those affected by the current flooding in the Midwest.
As authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended; 42 U.S.C. §§5121 et seq.), the President may issue a major disaster declaration due to catastrophic flooding. This allows for a broad range of federal assistance programs to be made available to state and local governments, private nonprofit organizations, and individuals...
How Would the American Family Act Change the Child Tax Credit?
The American Family Act (AFA; S. 690/H.R. 1560) would significantly expand the child tax credit for low- and moderate-income taxpayers, especially those with young children. It also would eliminate the expanded child tax credit for higher-income families in effect from 2018 to 2025 as a result of P.L. 115-97. This Insight describes some of the major changes that would be made to the child tax credit by this legislation.
Current Law
Under current law, eligible taxpayers can subtract up to $2,000 per qualifying child from their federal income tax liability. (See CRS Report R41873, The Child...
Runaway and Homeless Youth: Demographics and Programs
This report discusses runaway and homeless youth, and the federal response to support this population. There is no single definition of the terms “runaway youth” or “homeless youth.” However, both groups of youth share the risk of not having adequate shelter and other provisions, and may engage in harmful behaviors while away from a permanent home.
Youth most often cite family conflict as the major reason for their homelessness or episodes of running away. A youth’s sexual orientation, sexual activity, school problems, and substance abuse are associated with family discord. The precise...
Israel and Syria in the Golan Heights: U.S. Recognition of Israel’s Sovereignty Claim
On March 25, 2019, President Trump signed a proclamation stating that the United States recognizes the Golan Heights (hereinafter, the Golan) to be part of the State of Israel, based on the rationale that any future peace agreement should address threats Israel encounters from Syria—including from Iran and the Iran-backed Lebanese group Hezbollah. The President did not specify the territorial bounds of Israeli sovereignty that the United States recognizes in the Golan. Israel gained control of the Golan from Syria during the 1967 Arab-Israeli war, and effectively annexed it unilaterally by...
Drought Contingency Plans for the Colorado River Basin
The Colorado River Basin is a critical source of water and power supplies for seven western states and Mexico. The basin is in the midst of a long-term drought. Water levels at the basin’s two largest reservoirs, Lake Mead and Lake Powell, could reach critically low levels. Building on prior agreements, recently the basin states and the Bureau of Reclamation (Reclamation) transmitted to Congress drought contingency plans (DCPs) that aim to decrease the likelihood of major water and power supply disruptions for users.
Colorado River Basin in Context
The Colorado River Basin (Figure 1)...
The Joint Select Committee on Budget and Appropriations Process Reform
The Bipartisan Budget Act of 2018 (P.L. 115-123), signed into law on February 9, 2018, created a joint select committee of the House and Senate. The Joint Select Committee on Budget and Appropriations Process Reform was to be made up of 16 Members from the House and Senate—4 chosen by each of the chambers’ party leaders. The act charged the joint select committee with formulating recommendations and legislative language to “significantly reform the budget and appropriations process.” The law directed the committee to make a report no later than November 30, 2018, to be submitted, along...
Veto Override Procedure in the House and Senate
A bill or joint resolution that has been vetoed by the President can become law if two-thirds of the Members voting in the House and the Senate each agree to pass it over the President’s objection. The chambers act sequentially on vetoed measures: The House acts first on House-originated measures (H.R. and H.J. Res.), and the Senate acts first on Senate-originated measures (S. and S.J. Res.). If the first-acting chamber fails to override the veto, the other chamber cannot consider it. The House typically considers the question of overriding a presidential veto under the hour rule, with...
FY2020 Defense Budget Request: An Overview
The President’s FY2020 budget request includes $761.8 billion in budget authority for national defense, a major function of the federal budget that includes funding primarily for Department of Defense (DOD) programs but also for defense-related activities administered by other federal agencies, including the Department of Energy.
National defense is one of 20 major functions used by the Office of Management and Budget (OMB) to organize budget dataand the largest in terms of discretionary spending. The national defense budget function (identified by the numerical notation 050) comprises...
Categories of Federal Civil Service Employment: A Snapshot
According to the Office of Personnel Management (OPM), the federal workforce consists of an estimated two million civilian employees. Federal law categorizes these employees into three types of service—the competitive service, the excepted service, and the Senior Executive Service (SES)—that may be distinguished by different selection, compensation, and other standards. Title 5 of the U.S. Code (Title 5) contains most of the standards governing federal employment, and OPM is generally responsible for implementing these requirements.
The competitive service largely consists of all civil...
Federal Firearms Laws: Overview and Selected Legal Issues for the 116th Congress
Firearms regulation is an area of shared authority among federal, state, and local governments. Individual states have enacted a diverse range of laws relating to the possession, registration, and carrying of firearms, among other things. Federal law establishes a regulatory framework for the lawful manufacture, sale, and possession of firearms at the national level. The federal framework generally serves as a floor for permissible firearm use and transactions, leaving states free to supplement with additional restrictions so long as they do not conflict with federal law.
Federal laws...
Post-Heller Second Amendment Jurisprudence
The Second Amendment states that “[a] well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.” Before the Supreme Court’s 2008 opinion in District of Columbia v. Heller, the Second Amendment had received little Supreme Court attention and had been largely interpreted, at least by the lower federal courts, to be intertwined with military or militia use. Still, there had been ample debate in the lower federal courts and political discussion over whether the Second Amendment provides an individual right to...
Data Protection Law: An Overview
Recent high-profile data breaches and other concerns about how third parties protect the privacy of individuals in the digital age have raised national concerns over legal protections of Americans’ electronic data. Intentional intrusions into government and private computer networks and inadequate corporate privacy and cybersecurity practices have exposed the personal information of millions of Americans to unwanted recipients. At the same time, internet connectivity has increased and varied in form in recent years. Americans now transmit their personal data on the internet at an...
Department of State, Foreign Operations and Related Programs: FY2019 Budget and Appropriations
The Trump Administration submitted to Congress its FY2019 budget request on February 12, 2018. The proposal included $41.86 billion for the Department of State, Foreign Operations, and Related Programs (SFOPS). Of that amount, $13.26 billion was for State Department operations, international broadcasting, and related agencies, and $28.60 billion for foreign operations. With the enactment of the Bipartisan Budget Act of 2018 (BBA; P.L. 115-123, February 9, 2018), which raised discretionary spending limits set by the Budget Control Act of 2011 (BCA; P.L. 112-25), the Administration’s FY2019...
Merit Systems Protection Board (MSPB): A Legal Overview
The Merit Systems Protection Board (MSPB or Board) is a quasi-judicial independent agency in the executive branch charged with protecting federal employees against improper employment-related actions. The Board works to ensure, for example, that federal agencies avoid taking arbitrary action against employees, exhibiting favoritism, or engaging in reprisals against whistleblowers. The MSPB also aims to promote an effective federal workforce free of certain types of discrimination and other prohibited personnel practices. While the Board mainly carries out its mission through adjudication...
FY2020 Budget Request for the Department of Energy
The President’s FY2020 budget request includes $31.7 billion for the Department of Energy (DOE), approximately $4 billion (11%) less than the FY2019 enacted level of $35.7 billion (see Division A of P.L. 115-244). While this request would reduce the total budget for DOE, it would increase overall funding for the National Nuclear Security Administration (NNSA), the Office of Electricity (OE), and the Office of Cybersecurity, Energy Security, and Emergency Response (CESER). The request would reduce funding for the Offices of Environmental Management, Science, Energy Efficiency and Renewable...
Congress currently appropriates most foreign affairs funding through annual Department of State, Foreign Operations, and Related Programs (SFOPS) appropriations. Prior to FY2008, however, Congress provided funding for the Department of State, international broadcasting, and related programs within the Commerce, Justice, State, the Judiciary, and Related Agencies appropriations. In those years, Congress separately appropriated funding for the U.S. Agency for International Development (USAID) and foreign aid within the Foreign Operations, Export Financing, and Related Programs...
The U.S. Fourth National Climate Assessment, released in 2018, concluded that “the impacts of global climate change are already being felt in the United States and are projected to intensify in the future—but the severity of future impacts will depend largely on actions taken to reduce greenhouse gas [GHG] emissions and to adapt to the changes that will occur.” Members of Congress and stakeholders articulate a wide range of perspectives over what to do, if anything, about GHG emissions, future climate change, and related impacts. If Congress were to consider establishing a program to...
Broadband Loan and Grant Programs in the USDA’s Rural Utilities Service
Given the large potential impact broadband access may have on the economic development of rural America, concern has been raised over a “digital divide” between rural and urban or suburban areas with respect to broadband deployment. While there are many examples of rural communities with state-of-the-art telecommunications facilities, recent surveys and studies have indicated that, in general, rural areas tend to lag behind urban and suburban areas in broadband deployment.
According to the Federal Communications Commission’s Communications Marketplace Report, as of 2017, 24% of Americans...
Botanically, hemp and marijuana are from the same species of plant, Cannabis sativa. However, hemp and marijuana are genetically distinct forms of cannabis that are distinguished by their use and chemical composition as well as by differing cultivation practices in their production. The two are from distinct strains of Cannabis sativa called varieties or cultivars.
While marijuana generally refers to the psychotropic drug (whether used for medicinal or recreational purposes), hemp is cultivated for use in the production of a wide range of products, including foods and beverages, personal...
Cyclone Disaster in Mozambique and Surrounding Region
On March 14, a large and powerful tropical storm dubbed Cyclone Idai came ashore at Beira, a low-lying port city in central Mozambique, in southeastern Africa. It featured sustained winds as high as 120 miles per hour prior to making landfall and dumped torrents of rain over large parts of Mozambique, Malawi, Zimbabwe, and Madagascar. Its effects have been expansive and catastrophic—covering at least 1,200 square miles—and it is among the worst natural disasters ever to hit the region. Flooding has limited humanitarian response organizations’ access to much of the affected region.
Cyclone...
Older Americans Act: Senior Community Service Employment Program
The Senior Community Service Employment Program (SCSEP) authorizes the Department of Labor (DOL) to make grants to support part-time community service employment opportunities for eligible individuals age 55 or over. In FY2019, appropriations for SCSEP programs were $400 million and supported approximately 41,000 positions. DOL may also refer to the SCSEP program as Community Service Employment for Older Americans (CSEOA)
SCSEP is authorized by Title V of the Older Americans Act (OAA). The Older Americans Act Reauthorization Act of 2016 (P.L. 114-144) authorized appropriations for OAA...
Guatemala: Political and Socioeconomic Conditions and U.S. Relations
Guatemala, the most populous Central American country, with a population of 16.3 million, has been consolidating its transition to democracy since the 1980s. Guatemala has a long history of internal conflict, including a 36-year civil war (1960-1996) during which the Guatemalan military held power and over 200,000 people were killed or disappeared. A democratic constitution was adopted in 1985, and a democratically elected government was inaugurated in 1986.
President Jimmy Morales is being investigated for corruption and has survived three efforts to remove his immunity from prosecution....
Overview of FY2019 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)
This report describes actions taken by the Trump Administration and Congress to provide FY2019 funding for Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of enacted FY2018 funding for agencies and bureaus funded as part of annual CJS appropriations acts.
The Administration requested $66.555 billion for CJS for FY2019. The request included $9.797 billion for the Department of Commerce, $28.835 billion for the Department of Justice (DOJ), $27.372 billion for the science agencies, and $551 million for the related agencies. The Administration’s...
International trophy hunting is a multinational, multimillion-dollar industry practiced throughout the world. Trophy hunting is broadly defined as the killing of animals for recreation with the purpose of collecting trophies such as horns, antlers, skulls, skins, tusks, or teeth for display. The United States imports the most trophies of any country in the world. Congressional interest in trophy hunting is related to the recreational and ethical considerations of hunting and the potential consequences of hunting for conservation. For some, interest in trophy hunting centers on particular...
The Value of Energy Tax Incentives for Different Types of Energy Resources
The U.S. tax code supports the energy sector by providing a number of targeted tax incentives, or tax incentives available only for the energy industry. Some policymakers have expressed interest in understanding how energy tax benefits are distributed across different domestic energy resources. For example, what percentage of energy-related tax benefits support fossil fuels (or support renewables)? How much domestic energy is produced using fossil fuels (or produced using renewables)? And how do these figures compare?
In 2017, the value of federal tax-related support for the energy sector...
Proposed Air Force Acquisition of New F-15EXs
The Trump Administration’s FY2020 budget proposal includes a request for $1.1 billion to buy 8 F-15EX aircraft, the first procurement toward a planned initial buy of 144. This proposal represents a change from previous Air Force plans to procure only stealthy “fifth-generation” fighter aircraft. What is an F-15EX, and why might the Air Force have changed plans?
What Is an F-15EX?
The Air Force received its first F-15 Eagle air superiority fighter in 1974. Subsequently, the F-15 evolved to encompass more roles, most notably with the deployment of the F-15E Strike Eagle in 1989. The F-15E...
Legislative Support Resources: Offices and Websites for Congressional Staff
This report provides a brief list of key House, Senate, legislative support agencies, and executive branch offices, as well as links to online resources of use to new congressional staff who work with legislative procedures and conduct legislative research. Some of the websites listed are available only to congressional offices; other sites are restricted by chamber and are only available to those staff working in either House or Senate offices. This report is intended for congressional use only and will be updated annually.
Indonesia Prepares for Election Rematch
Voters in Indonesia, the world’s most populous Muslim-majority nation, are scheduled to go to the polls on April 17 to elect a President and the 560 members of the People’s Representative Council, Indonesia’s national Parliament. This will be Indonesia’s fourth direct presidential election and the first time presidential and parliamentary polls are to be simultaneous. It is also expected to be one of the largest democratic exercises in the world: among democracies, Indonesia trails only India and the United States in the size of its electorate.
The presidential polls pit the same two...
Juvenile Justice and Delinquency Prevention Act (JJDPA) Formula Grant Reauthorization
Although juvenile justice is administered by the states, the federal government plays a role in this area through the administration of grant programs. Congress has influenced juvenile justice policy and practice by authorizing and funding grant programs administered by the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP). The Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA; P.L. 93-415) was the first comprehensive juvenile justice legislation passed by Congress. The JJDPA, among other things, authorized a series of grant programs...
Older Americans Act: Funding Formulas
The Older Americans Act (OAA) is the major vehicle for the delivery of social and nutrition services for older persons. The act’s statutory funding formulas determine allotments to states and other entities under the following OAA Titles: Title III, Grants for State and Community Programs; Title V, the Community Service Senior Opportunities Act; Title VI, Grants for Older Native Americans; and Title VII, Vulnerable Elder Rights Protection Activities. This report describes the OAA statutory provisions that allocate funds to states and other entities under various titles of the act.
Title...
Farm Debt and Chapter 12 Bankruptcy Eligibility
As farm income has declined over multiple years since 2013, the number of reported farm bankruptcies has begun to increase. The Federal Reserve Bank of Minneapolis observed that Chapter 12 farm bankruptcies increased in 2018 across the Midwest and appear to be higher among dairy farms. The American Farm Bureau Federation has compiled farm bankruptcy data from the U.S. Courts at the national level. According to this data, in 2018, 498 U.S. farms filed for Chapter 12 bankruptcy, nearly constant with 501 farm bankruptcies in 2017 (a rate of about 2.5 per 10,000 farms). The continuing steady...
Financing Airport Improvements
There are five major sources of airport capital development funding: the federal Airport Improvement Program (AIP); local passenger facility charges (PFCs) imposed pursuant to federal law; tax-exempt bonds; state and local grants; and airport operating revenue from tenant lease and other revenue-generating activities such as landing fees. Federal involvement is most consequential in AIP, PFCs, and tax-exempt financing.
The AIP has been providing federal grants for airport development and planning since the passage of the Airport and Airway Improvement Act of 1982 (P.L. 97-248). AIP funding...
On March 4, 2019, President Trump notified Congress of his intent to terminate India’s and Turkey’s eligibility for the Generalized System of Preferences (GSP), a U.S. trade program that provides nonreciprocal, duty-free tariff treatment to certain products imported from designated beneficiary developing countries (BDCs), in order to grow and develop their economies. Potential eligibility changes are subject to annual review and public notice and comment. The President’s determination on India arose from a review of the country’s market access practices; for Turkey, it was due to the...
Low Interest Rates, Part 3: Potential Causes
Interest rates have been unusually low by historical standards since the 2007-2009 financial crisis, as discussed in CRS Insight IN11044, Low Interest Rates, Part 1: Economic and Fiscal Implications, by Marc Labonte. This Insight discusses various theories of why rates have been low.
Nominal Versus Real Rates
Part of the reason why nominal interest rates (the stated rate familiar to most people) have been low is because inflation has been low since the crisis. Because inflation erodes the value of the return to an investment, it is common to adjust interest rates for inflation. Even when...
Boeing 737 MAX Crashes Shake Confidence in International Air Safety
Recent foreign air disasters involving Boeing 737 Max airplanes have raised international concern about the safety of that aircraft and passenger airline safety in general. On October 29, 2018, Lion Air flight 610 crashed shortly after departure from Jakarta, Indonesia, killing all 189 on board. While the investigation of the crash is still ongoing, it has been disclosed that pilots flying the same aircraft the previous day experienced some sort of navigation system failure and that maintenance records revealed ongoing problems with the aircraft’s airspeed and angle-of-attack (AOA) sensors...
Huawei v. United States: The Bill of Attainder Clause and Huawei’s Lawsuit Against the United States
Special Counsel Investigations: History, Authority, Appointment and Removal
The Constitution vests Congress with the legislative power, which includes authority to establish federal agencies and conduct oversight of those entities. Criminal investigations and prosecutions, however, are generally regarded as core executive functions assigned to the executive branch. Because of the potential conflicts of interest that may arise when the executive branch investigates itself, there have often been calls for criminal investigations by prosecutors with independence from the executive branch. In response, Congress and the U.S. Department of Justice (DOJ) have used both...
Laws Affecting Students with Disabilities: Preschool Through Postsecondary Education
The Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (Section 504), and the Americans with Disabilities Act (ADA) each play a significant part in federal efforts to support the education of individuals with disabilities. These statutory frameworks, while overlapping, differ in scope and in their application to students with disabilities. As a result, when students with disabilities transition between levels of schooling, the accommodations and services they must be provided under federal law may change. For example, while the IDEA, the ADA, and...
Thailand Set to Hold Long-Awaited Election
Nearly five years after the Royal Thai Army seized power in a coup d'état in 2014, the Kingdom of Thailand is officially set to hold nationwide parliamentary elections on March 24, 2019 (see Figure 1).
While the announcement comes as welcome news to many Thais, new elections may reignite political tensions and uncertainties that have been suppressed for the last four years under military rule. Thailand, a U.S. treaty ally, had emerged from the upheaval of the 1998 Asian Financial Crisis with a strongly democratic constitution and newly independent national institutions. However, political...
New Crisis Brewing in Burma’s Rakhine State?
Approximately 250 Chin and Rakhine refugees entered into Bangladesh’s Bandarban district in the first week of February, trying to escape the fighting between Burma’s military, or Tatmadaw, and one of Burma’s newest ethnic armed organizations (EAOs), the Arakan Army (AA). Bangladesh’s Foreign Minister Abdul Momen summoned Burma’s ambassador Lwin Oo to protest the arrival of the Rakhine refugees and the military clampdown in Rakhine State. Bangladesh has reportedly closed its border to Rakhine State.
U.N. Special Rapporteur on the Situation of Human Rights in Myanmar Yanghee Lee released a...
The War Powers Resolution: Concepts and Practice
This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised.
In the post-Cold War world, Presidents have continued to commit U.S. Armed Forces into potential hostilities, sometimes without a specific authorization from Congress. Thus the War Powers Resolution and its purposes continue to be a potential subject of controversy. On June 7, 1995, the House defeated, by a vote of 217-201, an amendment to repeal the...
DHS Unity of Effort: Homeland Security Issues in the 116th Congress
An unresolved debate dating from the origin of the Department of Homeland Security (DHS) is the extent of department management involvement in the functioning of departmental components. Some policy experts supported a strong management function, which would replace the leadership of the components, while others supported a limited management function that allowed DHS components to function freely in their areas of expertise, much as they had before.
Once the department was established in 2003, it became clear that a small management cadre could not provide adequate coordination of policy...
Amazon’s HQ2 and Economic Development: Perspectives and Policy Options
In February 2019, facing political and public opposition, Amazon canceled the New York portion of its planned second headquarters (HQ2). Originally announced in November 2018, HQ2 was going to be split between the Northern Virginia suburbs of Washington, DC, and Long Island City, NY, which Amazon claimed would each gain as many as 25,000 direct jobs as a result. According to its cancelation announcement, Amazon plans to proceed with its Virginia site, along with a smaller third site in Nashville also announced last November that Amazon suggested would generate 5,000 additional jobs....
Northern Ireland Peace Process: Background and Challenges
Between 1969 and 1999, almost 3,500 people died as a result of political violence in Northern Ireland, which is one of four component “nations” of the United Kingdom (UK). The conflict, often referred to as “the Troubles,” has its origins in the 1921 division of Ireland and has reflected a struggle between different national, cultural, and religious identities. Protestants in Northern Ireland (48%) largely define themselves as British and support remaining part of the UK (unionists). Most Catholics in Northern Ireland (45%) consider themselves Irish, and many desire a united Ireland...
USDA’s Actively Engaged in Farming (AEF) Requirement
In 1987, Congress enacted what is commonly known as the Farm Program Payments Integrity Act (Omnibus Budget Reconciliation Act of 1987, P.L. 100-203, §§1301-1307), which requires that an individual or legal entity be “actively engaged in farming” (AEF) to be eligible for federal commodity revenue support programs. AEF requirements apply equally to U.S. citizens, resident aliens, and foreign entities. Designing a transparent and comprehensive AEF definition has proven difficult and has evolved over the years. The current set of laws and rules governing farm program eligibility—for both...
District of Columbia Opportunity Scholarship Program (DC OSP): Overview, Implementation, and Issues
The District of Columbia Opportunity Scholarship Program (DC OSP) is the only federally funded voucher program for elementary and secondary education. It operates exclusively in the District of Columbia. The Consolidated Appropriations Act, 2004 (P.L. 108-199), which included the FY2004 District of Columbia Appropriations Act, also included the now-repealed DC School Choice Incentive Act of 2003. The DC School Choice Incentive Act initially authorized the DC OSP. Appropriations were authorized for FY2004 through FY2008. The DC OSP provides scholarships to eligible students to attend...
Israel: April 2019 Elections and Probable Indictments Against Prime Minister Netanyahu
The closely contested Israeli national elections scheduled for April 9, 2019, will have significant implications for the country’s leadership and future policies. Prime Minister Binyamin Netanyahu called for elections to take place seven months earlier than required by law, partly in hopes of winning a popular mandate to counteract legal allegations threatening his tenure. These allegations led to Attorney General Avichai Mandelblit expressing his intent, on February 28, 2019, to indict Netanyahu for bribery, fraud, and breach of trust.
If Netanyahu maintains political support from voters...
Funding for EPA Water Infrastructure: A Fact Sheet
Federal funding to assist communities with capital projects to meet the water-related goals and requirements of federal laws has been provided through programs in the Clean Water Act (CWA) and the Safe Drinking Water Act. This report provides a table showing budget requests and appropriations for the Environmental Protection Agency’s (EPA’s) water infrastructure assistance programs under these two laws since 1973.
Guatemalan President’s Dispute with the U.N. Commission Against Impunity (CICIG)
Congress has supported successive Guatemalan governments’ efforts to strengthen democratic institutions; address crime, drugs, and rule of law; and root out corruption and impunity. The current situation in Guatemala involves a January 2019 decision by President Jimmy Morales to terminate unilaterally the mandate of the U.N.-sponsored International Commission Against Impunity in Guatemala (CICIG), which has been investigating crime and corruption since 2007. Morales accused CICIG of violating Guatemala’s sovereignty, a claim U.N. Secretary-General Antonio Guterres rejected. Guatemala’s...
An Electric Grid Based on 100% Renewable Energy?
A recent assessment by the U.S. Global Change Research Program found that if greenhouse gas (GHG) emissions continue at current rates and adaptation actions are not undertaken, climate change impacts will damage U.S. infrastructure, communities, and the economy. This finding combined with significant GHG emissions from the electric power industry has led to an increased focus on U.S. energy policy. With growing amounts of today’s electricity coming from renewable sources, some stakeholders advocate a shift of U.S. national electric power generation to come from sources that do not emit...
The February 2019 Trump-Kim Hanoi Summit
Overview
On February 27 and 28, President Donald Trump and North Korean leader Kim Jong-un met in Hanoi to discuss North Korea’s nuclear and missile programs, as well as the establishment of a new relationship between the two countries. The two leaders had held one prior summit, in Singapore, in June 2018. The Hanoi summit ended earlier than scheduled, with the cancelation of both a lunch and a ceremony to sign a joint statement. President Trump and U.S. officials said that the two leaders parted amicably, and that they expected dialogue would resume at a later date. An article in North...
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Congress has historically legislated and conducted oversight on the U.S. Secret Service (USSS) because of USSS’ public mission of protecting individuals such as the President and his family, and the USSS mission of investigating financial crimes. Most recently, the 115th Congress conducted oversight on challenges facing the Service and held hearings on legislation that addressed costs associated with USSS protective detail operations and special agents’ pay. These two issues remain pertinent in the 116th Congress due to recent, but failed, attacks on USSS protectees, and the media’s...
EU Finalizes FDI Screening Framework
On February 14, 2019, the European Parliament approved a regulation (an EU law) that establishes a cooperation mechanism for screening foreign direct investment (FDI) in EU members that focuses on foreign investment in “critical technologies.” This action follows those of other jurisdictions, including the United States through enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) that enhanced the role of the Committee on Foreign Investment in the United States (CFIUS), to increase scrutiny of FDI as a component of national security. The legislation was...
NAFTA is an international trade agreement among the United States, Canada, and Mexico that became effective on January 1, 1994. The agreement includes market-opening provisions that remove tariff and nontariff barriers to trade, as well as other rules affecting trade in areas such as agriculture, customs procedures, foreign investment, government procurement, intellectual property protection, and trade in services. Congress approved and implemented NAFTA in domestic law in the NAFTA Implementation Act (P.L. 103-182, 107 Stat. 2057). On May 18, 2017, U.S. Trade Representative Ambassador...
At least 17 different reports by United Nations (U.N.) entities and independent human rights organizations have been released containing allegations that certain Burmese security force officers and units committed serious human rights violations dating back to 2011. These reports name nearly 40 individuals and over 100 security units as responsible for such gross human rights violations as murder, torture, rape and other forms of sexual violence, and forced labor. Some of these individuals, including Commander-in-Chief Senior General Min Aung Hlaing, were identified in four or more of the...
P.L. 115-97 and the 2019 Federal Income Tax Filing Season for Individuals
In late 2017, a bill (H.R. 1) was enacted (P.L. 115-97) that made numerous changes to the federal income tax for individuals and businesses. For a summary of those changes, see CRS Report R45092, The 2017 Tax Revision (P.L. 115-97): Comparison to 2017 Tax Law, coordinated by Molly F. Sherlock and Donald J. Marples. (The title of the bill as passed by the House was the Tax Cuts and Jobs Act, but it was stricken before final passage under the reconciliation process used to consider the bill.)
The changes in the taxation of individual income have implications for many of the key tax elements...
Evolution of the Meaning of “Waters of the United States” in the Clean Water Act
For more than forty-five years, all three branches of government have struggled with how to interpret the meaning of “waters of the United States” in the Clean Water Act. In a shift from early water pollution legislation, the 1972 amendments to the Federal Water Pollution Control Act, which came to be known as the Clean Water Act, eliminated the requirement that federally regulated waters must be capable of being used by vessels in interstate commerce. Rather than use traditional navigability tests, the 1972 amendments redefined “navigable waters” for purposes of the Clean Water Act’s...
Grazing Fees: Overview and Issues
Charging fees for grazing private livestock on federal lands is a long-standing but contentious practice. Generally, livestock producers who use federal lands want to keep fees low, whereas conservation groups believe fees should be increased. The current formula for determining the grazing fee for lands managed by the Bureau of Land Management (BLM) and the Forest Service (FS) was established in the Public Rangelands Improvement Act of 1978 (PRIA) and continued by a 1986 executive order issued by President Reagan. The fee is based on grazing of a specified number of animals for one month,...
On January 3, 2019, the House adopted Title I of H.Res. 6, the standing rules for the House of Representatives for the 116th Congress. In addition to the standing rules, H.Res. 6 included a separate order related to the consideration of appropriations bills. This report provides information on changes to both the standing rules and separate orders that might affect the consideration of budgetary legislation in the House of Representatives. These include the following:
Deleting language in Rule X added in the 115th Congress providing for committees to include a review of authorizations for...
Final FY2019 Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriations were enacted on February 15, 2019 as a part of the Consolidated Appropriations Act, 2019 (P.L. 116-6). Prior to that, the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and certain related agencies that are funded in the THUD appropriations bill were funded under a series of continuing resolutions, with the exception of the period from December 22, 2019-January 25, 2019, when funding for these agencies, as well as those generally funded in six...
The First Step Act of 2018: An Overview
On December 21, 2018, President Trump signed into law the First Step Act of 2018 (P.L. 115-391). The act was the culmination of several years of congressional debate about what Congress might do to reduce the size of the federal prison population while also creating mechanisms to maintain public safety. This report provides an overview of the provisions of the act.
The act has three major components: (1) correctional reform via the establishment of a risk and needs assessment system at the Bureau of Prisons (BOP), (2) sentencing reform via changes to penalties for some federal offenses,...
The State and Local Role in Election Administration: Duties and Structures
The administration of elections in the United States is highly decentralized. Elections are primarily administered by thousands of state and local systems rather than a single, unified national system.
States and localities share responsibility for most election administration duties. Exactly how responsibilities are assigned at the state and local levels varies both between and within states, but there are some general patterns in the distribution of duties. States typically have primary responsibility for making decisions about the rules of elections (policymaking). Localities typically...
Pipeline Security: Homeland Security Issues in the 116th Congress
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Ongoing threats against the nation’s natural gas, oil, and refined product pipelines have heightened concerns about the security risks to these pipelines, their linkage to the electric power sector, and federal programs to protect them. In a December 2018 study, the Government Accountability Office (GAO) stated that, since the terrorist attacks of September 11, 2001, “new threats to the nation’s pipeline systems have evolved to include sabotage by environmental activists and cyber attack or intrusion by nations.” In a 2018 Federal Register notice, the Transportation Security...
Sudan: Pressure Mounts on the Government
Sudan’s President Omar al Bashir, who took power in a 1989 coup, arguably faces the greatest challenge to his rule in three decades, as public pressure for a political transition mounts. Bashir’s government has been the target of near-daily protests across the country since December 19. A common refrain among the protesters is “Tasgut bas” (“Just fall, that’s all”).
Spurred by frustrations with deteriorating economic conditions, corruption, poor governance, and repression, the protests have been further fueled by the government’s response, in which more than 2,600 people reportedly have...
U.S. Foreign Assistance to Latin America and the Caribbean: FY2019 Appropriations
The United States provides foreign assistance to Latin American and Caribbean nations to support development and other U.S. objectives. U.S. policymakers have emphasized different strategic interests in the region at different times, from combating Soviet influence during the Cold War to promoting democracy and open markets since the 1990s. The Trump Administration has sought to reduce foreign aid significantly and refocus U.S. assistance efforts in the region to address U.S. domestic concerns, such as irregular migration and transnational crime.
FY2019 Budget Request
For FY2019, the Trump...
The Power Marketing Administrations: Background and Current Issues
The federal government, through the Department of Energy, operates four regional power marketing administrations (PMAs), created by statute: the Bonneville Power Administration (BPA), the Southeastern Power Administration (SEPA), the Southwestern Power Administration (SWPA), and the Western Area Power Administration (WAPA). Each PMA operates in a distinct geographic area. Congressional interest in the PMAs has included diverse issues such as rate setting, cost and compliance associated with the Endangered Species Act (ESA; P.L. 93-205; 16 U.S.C. §§1531 et seq.), and questions of...
Budget Issues That Shaped the 2018 Farm Bill
The farm bill is an omnibus, multiyear law that governs an array of agricultural and food programs. The farm bill has typically undergone reauthorization about every five years. The current farm bill—the Agriculture Improvement Act of 2018 (P.L. 115-334), often called the “2018 farm bill”—was enacted in December 2018 and expires in 2023. Budget for the 2018 Farm Bill (dollars in millions, FY2019-FY2023, mandatory outlays) Farm bill titlesApril 2018 baselineScore of P.L. 115-334Projected outlays at enactment
Commodities 31,340 +101 31,440
Conservation...
Suspension of the Rules: House Practice in the 114th Congress (2015-2016)
Suspension of the rules is the most commonly used procedure to call up measures on the floor of the House of Representatives. As the name suggests, the procedure allows the House to suspend its standing and statutory rules in order to consider broadly supported legislation in an expedited manner. More specifically, the House temporarily sets aside its rules that govern the raising and consideration of measures and assumes a new set of constraints particular to the suspension procedure.
The suspension of the rules procedure has several parliamentary advantages: (1) it allows nonprivileged...
The Budget and Homeland Security: Homeland Security Issues in the 116th Congress
Congress at times has sought to ascertain how much the government spends on securing the homeland, either in current terms or historically. Several factors compromise the authoritativeness of any answer to this question. One such complication is the lack of a consensus definition of what constitutes homeland security, and another is that homeland security activities are carried out across the federal government, in partnership with other public and private sector entities. This insight examines those two complicating factors, and presents what information is available on historical...
India, Pakistan, and the Pulwama Crisis
Overview
On February 14, 2019, an explosives-laden SUV rammed into a convoy carrying paramilitary police in India’s Jammu and Kashmir (J&K) state. At least 40 personnel were killed in the explosion. The suicide attacker was a member of Jaish-e-Mohammad (JeM), a Pakistan-based terrorist group that claimed responsibility for the bombing. The attack took place in Pulwama in the heart of the Kashmir Valley, site of a 30-year-old separatist conflict that pits the Indian government against Kashmiri militants who seek independence for India’s only Muslim-majority state or its merger with...
The Disaster Recovery Reform Act: Homeland Security Issues in the 116th Congress
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The Disaster Recovery Reform Act of 2018 (DRRA, Division D of P.L. 115-254), which became law on October 5, 2018, is the most comprehensive legislation on the Federal Emergency Management Agency’s (FEMA’s) disaster assistance programs since the passage of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2) and, previous to that, the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA, P.L. 109-295). The legislation focuses on improving predisaster planning and mitigation, response, and recovery, and increasing FEMA accountability. As such, it amends...
U.S. Constitutional Limits on State Money-Bail Practices for Criminal Defendants
Money-bail systems allow criminal defendants to avoid prison while awaiting trial by posting a bond set by a fee schedule. The impact of money-bail systems on indigent criminal defendants, however, has prompted legislative interest in and legal challenges to such systems, particularly when the bail does not reflect an individual’s specific circumstances, such as potential flight risk or public safety. Critics of money-bail systems assert that fee schedules unduly burden indigent defendants, while supporters argue that fee schedules provide uniformity and ensure that defendants appear at...
Federal Disaster Assistance After Hurricanes Katrina, Rita, Wilma, Gustav, and Ike
This report provides information on federal financial assistance provided to the Gulf States after major disasters were declared in Alabama, Florida, Louisiana, Mississippi, and Texas in response to the widespread destruction that resulted from Hurricanes Katrina, Rita, and Wilma in 2005 and Hurricanes Gustav and Ike in 2008.
Though the storms happened over a decade ago, Congress has remained interested in the types and amounts of federal assistance that were provided to the Gulf Coast for several reasons. This includes how the money has been spent, what resources have been provided to...
Disaster Housing Assistance: Homeland Security Issues in the 116th Congress
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After the President issues an emergency or major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act, 42 U.S.C. §§5121 et seq.), the Federal Emergency Management Agency (FEMA) may provide various temporary housing assistance programs to meet disaster survivors’ needs. However, limitations on these programs may make it difficult to transition disaster survivors into permanent housing. This Insight provides an overview of the primary housing assistance programs available under the Stafford Act, and potential considerations for...
Considerations for Implementing a Small Business Disaster Grant Program
Throughout the years, Congress has expressed interest and concern for businesses recovering from disasters. For nearly a century, the federal government’s policy for providing disaster assistance to businesses has been limited primarily to low interest loans rather than grant assistance. More recently, Congress has contemplated whether grants should be made available to small businesses after a major disaster. During this debate, some have questioned why small businesses are not eligible for disaster grants when residences, nonprofit groups, and state and local governments are eligible. In...
Puerto Rico: CRS Experts and Products
SUPPRESS Puerto Rico is in the midst of a fiscal crisis resulting from economic contraction, public sector debt, outmigration, and other factors. To address the crisis, Congress passed the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA; P.L. 114-187), enacted on June 30, 2016. PROMESA established the Financial Oversight and Management Board for Puerto Rico (Oversight Board), created processes for adjusting the island’s public debts, among other provisions. PROMESA allocated no federal funds to Puerto Rico.
The Puerto Rican Governor was charged with developing fiscal...
Low Interest Rates, Part 2: Implications for the Federal Reserve
Interest rates have been unusually low by historical standards since the 2007-2009 financial crisis. This Insight discusses the implications for monetary policy, and it frames this discussion in terms of the neutral interest rate. It is the sequel to a previous Insight, Low Interest Rates, Part 1. For background on monetary policy, see CRS Report RL30354, Monetary Policy and the Federal Reserve: Current Policy and Conditions, by Marc Labonte.
The Neutral Interest Rate
The neutral interest rate (sometimes called r*) is conceptual and not directly observed—it is the idea that at any given...
Digital Services Taxes (DSTs): Policy and Economic Analysis
Several countries, primarily in Europe, and the European Commission have proposed or adopted taxes on revenue earned by multinational corporations (MNCs) in certain “digital economy” sectors from activities linked to the user-based activity of their residents. These proposals have generally been labeled as “digital services taxes” (DSTs). For example, beginning in 2019, Spain is imposing a DST of 3% on online advertising, online marketplaces, and data transfer service (i.e., revenue from sales of user activities) within Spain. Only firms with 750 million in worldwide revenue and 3 million...
Housing Issues in the 115th Congress
A variety of housing-related issues were active during the 115th Congress. These issues included topics related to housing finance, tax provisions related to housing, housing assistance and grant programs administered by the Department of Housing and Urban Development (HUD), and regulatory review efforts underway at HUD. In some cases, the 115th Congress considered or passed legislation related to certain housing issues, such as mortgage-related provisions enacted as part of broader financial “regulatory relief” legislation and particular housing-related tax provisions. In other cases,...
The Department of Defense (DOD) obligates more than $300 billion annually to buy goods and services, and to support research and development. Most of these acquisitions are governed by procurement statutes and regulations found in Title 10 (and parts of other select titles) of the United States Code, the Federal Acquisition Regulation (FAR), and the Defense Federal Acquisition Regulation Supplement.
Under certain circumstances, DOD can enter into an other transaction (OT) agreement instead of a traditional contract. OT agreements are generally exempt from federal procurement laws and...
Banking Policy Issues in the 116th Congress
Regulation of the banking industry has undergone substantial changes over the past decade. In response to the 2007-2009 financial crisis, many new bank regulations were implemented pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act; P.L. 111-203) or under the existing authorities of bank regulators to address apparent weaknesses in the regulatory regime. While some observers view those changes as necessary and effective, others argued that certain regulations were unjustifiably burdensome. To address those concerns, the Economic Growth,...
The Defense Department and 10 U.S.C. 284: Legislative Origins and Funding Questions
Introduction
On February 15, President Donald J. Trump confirmed recent reports that described the Administration’s consideration of Department of Defense (DOD) authorities and funds to emplace physical barriers along the U.S.-Mexico border. A White House fact sheet detailed the potential availability of up to $8.1 billion “to build the border wall”—including, among other authorities and funding sources, “up to $2.5 billion under the Department of Defense funds transferred for Support for Counterdrug Activities (Title 10 United States Code, section 284).”
The full title of the referenced...
Department of Education Funding: Key Concepts and FAQ
Like most federal agencies, the Department of Education (ED) receives funds in support of its mission through various federal budget and appropriations processes. While not unique, the mechanisms by which ED receives, obligates, and expends funds can be complex. For example, ED receives both mandatory and discretionary appropriations; ED is annually provided forward funds and advance appropriations for some—but not all—discretionary programs; ED awards both formula and competitive grants; and a portion of ED’s budget subsidizes student loan costs (direct loans and loan guarantees). As...
Protection of Executive Branch Officials: Homeland Security Issues in the 116th Congress
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Due to the October 2018 attempted bombing attacks on current and former government officials (and others), there may be congressional interest in policy issues surrounding protective details for government officials. Attacks against political leaders and other public figures have been a consistent security issue in the United States. According to a 1998 U.S. Marshals Service (USMS) report, data on assassinations and assassination attempts against federal officials suggest that elected officials are more likely to be targeted than those holding senior appointed positions. Congress also...
National Preparedness Policy: Homeland Security Issues in the 116th Congress
The United States is threatened by a wide array of hazards, including natural disasters, acts of terrorism, viral pandemics, and man-made disasters, such as the Deepwater Horizon oil spill. The way the nation strategically prioritizes and allocates resources to prepare for all hazards can significantly influence the ultimate cost to society, both in the number of human casualties and the scope and magnitude of economic damage. As authorized in part by the Post-Katrina Emergency Reform Act of 2006 (PKEMRA; P.L. 109-295), the President, acting through the Federal Emergency Management Agency...
Macedonia Changes Name, Moves Closer to NATO Membership
On February 12, 2019, Macedonia formally changed its name to become the Republic of North Macedonia. The name change resolves a long-standing dispute with Greece and is expected to clear the path for North Macedonia to become NATO’s 30th member. U.S. and European Union (EU) officials believe NATO enlargement to the Western Balkans could help stabilize the region and counter Russian influence. Many Members of Congress have long supported Macedonia’s Euro-Atlantic integration.
Prespa Agreement with Greece
North Macedonia’s NATO membership bid was delayed due to a nearly three-decade...
Immigration: U.S. Asylum Policy
Asylum is a complex area of immigration law and policy. While much of the recent debate surrounding asylum has focused on efforts by the Trump Administration to address asylum seekers arriving at the U.S. southern border, U.S. asylum policies have long been a subject of discussion.
The Immigration and Nationality Act (INA) of 1952, as originally enacted, did not contain any language on asylum. Asylum provisions were added and then revised by a series of subsequent laws. Currently, the INA provides for the granting of asylum to an alien who applies for such relief in accordance with...
The Transportation Infrastructure Finance and Innovation Act (TIFIA) Program
The Transportation Infrastructure Finance and Innovation Act (TIFIA) program, administered by the Department of Transportation’s Build America Bureau, provides long-term, low-interest loans and other types of credit assistance for the construction of surface transportation projects (23 U.S.C. §601 et seq.). The TIFIA program was reauthorized from FY2016 through FY2020 in the Fixing America’s Surface Transportation (FAST) Act (P.L. 114-94). Direct funding for the TIFIA program is authorized at $300 million for each of FY2019 and FY2020. Additionally, state departments of transportation can...
Selected International Insurance Issues in the 116th Congress
The growth of the international insurance market and trade in insurance products and services has created opportunities and new policy issues for U.S. insurers, Congress, and the U.S. financial system. Insurance regulation is centered on the states, with the federal government having a limited role. Although the risks of loss and the regulation may be local, the business of insurance, as with many financial services, has an increasingly substantial international component as companies and investors look to grow and diversify.
The 2010 Dodd-Frank Wall Street Reform and Consumer Protection...
Heroin Trafficking in the United States
Over the past several years, the nation has seen an uptick in the use and abuse of opioids—both prescription opioids and non-prescription opioids such as heroin. In 2016, there were an estimated 948,000 individuals (0.4% of the 12 and older population) who reported using heroin within the past year—up from 0.2% to 0.3% of this population reporting use in the previous decade. In addition to an increase in heroin use over the past several years, there has been a simultaneous increase in its availability in the United States. The increase in availability has been fueled by a number of...
Latin America: Challenges for U.S. Policymakers in 2019
The 116th Congress faces a host of policy challenges in Latin America in 2019. Democratic practices have eroded in several countries, especially Venezuela and Nicaragua, and the region has experienced an economic slowdown and increased poverty in recent years. The flow of illicit drugs, including heroin, methamphetamine, and fentanyl from Mexico and cocaine from Colombia, continues to pose risks to U.S. public health and safety, according to the U.S. intelligence community’s 2019 Worldwide Threat Assessment.
Under the Trump Administration, the tenor of relations with Latin America has...
2019 Tax Filing Season and a Partial Government Shutdown
The possibility of a partial shutdown of the federal government beginning on February 16 is raising renewed concern about how it would affect Internal Revenue Service (IRS) operations during the 2019 tax filing season, which lasts from January 28 through April 15, for most taxpayers. Funding for the agency would lapse if Congress and the President cannot agree on a plan to fund the Treasury Department (and certain other federal agencies) beyond February 15, when a continuing resolution is due to expire. A central concern is the ability of the IRS to assist taxpayers and tax practitioners...
Where’s My Refund? A Look at Tax Refund Trends over Time and Across Income Levels
The issue of tax refunds has received robust media attention as 2018 tax returns are filed in early 2019. For individual income tax filers, 2018 was the first year in which the major changes signed into law by President Trump at the end of 2017 (P.L. 115-97) became effective.
What Determines Tax Refunds?
A taxpayer’s tax refund (or payment) in a given year is determined by
income tax liability: what a taxpayer owes in federal income tax; and
income tax withholding: the amount that the taxpayer has paid toward that tax bill during the year, often through their employer withholding...
The End of Intra-EU Investor-State Dispute Settlement (ISDS): Implications for the United States
On January 15, 2019, the 28 European Union (EU) member states declared that they will terminate all intra-European bilateral investment treaties (BITs) (i.e., those between member states) no later than December 6, 2019 (see the Declaration). The action by the EU member states is the latest in a series of actions that has altered the status of traditional investor-state-dispute settlement (ISDS) mechanisms within the European Union. ISDS mechanisms, which enable foreign investors to bring disputes with host states before independent international arbitral tribunals, have been a common...
The Federal Income Tax: How Did P.L. 115-97 Change Marginal Income Tax Rates?
At the end of 2017, President Trump signed into law P.L. 115-97, which is commonly referred to as the Tax Cuts and Jobs Act, or TCJA. (The title of the bill as passed by the House was the Tax Cuts and Jobs Act, but it was eliminated before final passage under the reconciliation process used to consider the bill in the Senate.) This law made numerous changes to the federal income tax for individuals and businesses. Of the many changes made to individual income tax provisions, the law temporarily changed marginal tax rates. These changes are currently in effect from 2018 through the end of...
Mail and Wire Fraud: An Abbreviated Overview of Federal Criminal Law
The mail and wire fraud statutes are exceptionally broad. Their scope has occasionally given the courts pause. Nevertheless, prosecutions in their name have brought to an end schemes that have bilked victims out of millions, and sometimes billions, of dollars. The statutes proscribe (1) causing the use of the mail or wire communications, including email; (2) in conjunction with a scheme to intentionally defraud another of money or property; (3) by means of a material deception. The offenses, along with attempts or conspiracies to commit them, carry a term of imprisonment of up to 30 years...
School Meals Programs and Other USDA Child Nutrition Programs: A Primer
The “child nutrition programs” refer to the U.S. Department of Agriculture’s Food and Nutrition Service (USDA-FNS) programs that provide food for children in school or institutional settings. The best known programs, which serve the largest number of children, are the school meals programs: the National School Lunch Program (NSLP) and the School Breakfast Program (SBP). The child nutrition programs also include the Child and Adult Care Food Program (CACFP), which provides meals and snacks in day care and after school settings; the Summer Food Service Program (SFSP), which provides food...
Venezuela Oil Sector Sanctions: Market and Trade Impacts
On January 28, 2019, the Trump Administration imposed sanctions on Venezuela’s state-owned oil company, Petroleos de Venezuela, S.A. (PdVSA), adding to existing Venezuela sanctions. The Department of the Treasury determined that persons (e.g., individuals and companies) operating in Venezuela’s oil sector are subject to sanctions in order to apply economic pressure on the government of Nicolas Maduro and facilitate a transition to democracy. Subsequently, Treasury’s Office of Foreign Assets Control (OFAC) added PdVSA—including all entities in which PdVSA has a 50% or more ownership...
Mail and Wire Fraud: A Brief Overview of Federal Criminal Law
The mail and wire fraud statutes are exceptionally broad. Their scope has occasionally given the courts pause. Nevertheless, prosecutions in their name have brought to an end schemes that have bilked victims out of millions, and sometimes billions, of dollars. The statutes proscribe (1) causing the use of the mail or wire communications, including email; (2) in conjunction with a scheme to intentionally defraud another of money or property; (3) by means of a material deception. The offenses, along with attempts or conspiracies to commit them, carry a term of imprisonment of up to 30 years...
Transportation Security: Issues for the 116th Congress
The nation’s air, land, and marine transportation systems are designed for accessibility and efficiency, two characteristics that make them vulnerable to terrorist attack. While hardening the transportation sector is difficult, measures can be taken to deter terrorists. The enduring challenge facing Congress is how best to implement and finance a system of deterrence, protection, and response that effectively reduces the possibility and consequences of terrorist attacks without unduly interfering with travel, commerce, and civil liberties.
Transportation security has been a major policy...
U.S. National Health Security: Homeland Security Issues in the 116th Congress
In its quadrennial National Health Security Strategy, the U.S. Department of Health and Human Services (HHS) states:
U.S. National Health Security actions protect the nation’s physical and psychological health, limit economic losses, and preserve confidence in government and the national will to pursue its interests when threatened by incidents that result in serious health consequences whether natural, accidental, or deliberate.
The strategy aims to ensure the resilience of the nation’s public health and health care systems against potential threats, including natural disasters and...
Border Security Between Ports of Entry: Homeland Security Issues in the 116th Congress
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The United States’ southern border with Mexico runs for approximately 2,000 miles over diverse terrain, varied population densities, and discontinuous sections of public, private, and tribal land ownership. The Department of Homeland Security (DHS) Customs and Border Protection (CBP) is primarily responsible for border security, including the construction and maintenance of tactical infrastructure, installation and monitoring of surveillance technology, and the deployment of border patrol agents to prevent unlawful entries of people and contraband into the United States (including...
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Human resources management (HRM) underlies the Department of Homeland Security’s (DHS) mission and performance. DHS’s Chief Human Capital Officer (CHCO) “is responsible for the Department’s human capital program,” which is described as including such elements as “human resources policy, systems, and programs for strategic workforce planning, recruitment and hiring, pay and leave, performance management, employee development, executive resources, labor relations, work/life and safety and health.”
Under Title 5, Section 1402, of the United States Code, a CHCO’s functions include...
Water Resource Issues in the 116th Congress
The 116th Congress may conduct oversight and deliberate on authorization and funding of water resource development, management, and protection. Congress engages in authorization and appropriations for water resource projects and activities of the U.S. Army Corps of Engineers (USACE) and the Bureau of Reclamation (Reclamation). USACE constructs projects nationwide, primarily to improve navigation, reduce flood damage, and restore aquatic ecosystems. Reclamation constructs projects in the 17 arid states west of the Mississippi River; these projects primarily provide water supply benefits,...
Medicare Advantage (MA)–Proposed Benchmark Update and Other Adjustments for CY2020: In Brief
Medicare Advantage (Part C, or MA) is an alternative way for Medicare beneficiaries to receive covered benefits. Under MA, private health plans are paid a per person monthly amount to provide all Medicare-covered benefits (except hospice) to beneficiaries who enroll in their plan. Unlike under original Medicare, where providers are paid for each item or service provided to a beneficiary, the same capitated monthly payment is made to an MA plan regardless of how many or how few services a beneficiary actually uses. The plan is at risk if costs for all of its enrollees exceed program...
House Offset Amendments to Appropriations Bills: Procedural Considerations
One of the most common methods for changing spending priorities in appropriations bills on the House floor is through offset amendments. House offset amendments may generally change spending priorities in a pending appropriations measure by increasing spending for certain activities (or creating spending for new activities not previously included in the bill) and offsetting the increase with funding decreases in other activities in the bill. Offset amendments are needed to avoid points of order under Sections 302(f) and 311(a) of the Congressional Budget Act, enforcing certain spending...
On February 3, 2019, Nayib Bukele, a 37-year-old former mayor of San Salvador and candidate of the Grand Alliance of National Unity (GANA) party, won El Salvador’s presidential election. Bukele garnered 53% of the vote, well ahead of Carlos Calleja, a business executive running for a conservative National Republican Alliance (ARENA)-led coalition, with 31.8%, and Hugo Mártinez, a former foreign minister of the leftist Farabundo Marti National Liberation Front (FMLN), with 14.4%. Bukele’s first-round victory occurred amid relatively low voter turnout (44.7%) during a peaceful electoral...
Venezuela: U.S. Recognizes Interim Government
Many in Congress are closely following events in Venezuela, given recent political developments that have led the United States and other governments to recognize an interim government. On January 23, 2019, amid widespread protests against the authoritarian government of President Nicolás Maduro, the president of Venezuela’s democratically elected, opposition-controlled National Assembly, Juan Guaidó, declared himself interim president of Venezuela until new presidential elections are convened. The United States, Canada, and more than 35 other countries have recognized Guaidó as the...
Science and Technology Issues in the 116th Congress
Science and technology (S&T) have a pervasive influence over a wide range of issues confronting the nation. Public and private research and development spur scientific and technological advancement. Such advances can drive economic growth, help address national priorities, and improve health and quality of life. The ubiquity and constantly changing nature of science and technology frequently create public policy issues of congressional interest.
The federal government supports scientific and technological advancement directly by funding and performing research and development and...
Anti-Terrorism Clarification Act of 2018 (P.L. 115-253) and U.S. Aid for the Palestinians
The Anti-Terrorism Clarification Act (ATCA, P.L. 115-253) became law on October 3, 2018. Congress passed the law in the wake of a U.S. federal court case dealing with past acts of terrorism by Palestinians (discussed below, “U.S. Policy Implications and Options”). The law amended the Anti-Terrorism Act (ATA) (at 18 U.S.C. 2334) by stating that a defendant consents to personal jurisdiction in U.S. federal court for lawsuits related to international terrorism if the defendant accepts certain types of U.S. foreign aid after the law has been in effect for 120 days.
In December, Palestinian...
LNG as a Maritime Fuel: Prospects and Policy
The combination of growing liquefied natural gas (LNG) supplies and new requirements for less polluting fuels in the maritime shipping industry has heightened interest in LNG as a maritime fuel. The use of LNG as an engine (“bunker”) fuel in shipping is also drawing attention from federal agencies and is beginning to emerge as an issue of interest in Congress.
In 2008, the International Maritime Organization (IMO) announced a timeline to reduce the maximum sulfur content in vessel fuels to 0.5% by January 1, 2020. Annex VI of the International Convention for the Prevention of Pollution...
The U.S. Intelligence Community: Homeland Security Issues in the 116th Congress
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Intelligence support of homeland security is a primary mission of the entire Intelligence Community (IC). In fulfilling this mission, changes to IC organization and process, since 9/11, have enabled more integrated and effective support than witnessed or envisioned since its inception. The terrorist attacks of 9/11 revealed how barriers between intelligence and law enforcement, which originally had been created to protect civil liberties, had become too rigid, thus preventing efficient, effective coordination against threats. In its final report, the Commission on Terrorist Attacks...
Evaluating Possible U.S. Troop Withdrawals from Hostile Areas
On December 19, 2018, President Trump announced his intention to withdraw U.S. forces from Syria within 30 days, although Administration officials subsequently suggested that the process could take several months. Subsequent press articles indicated that the White House is also considering withdrawing “up to half” of U.S. forces in Afghanistan in the coming months, although at the time of writing the Trump Administration has stated it has not yet ordered any such withdrawal. More recently, the United States has been negotiating with Afghan Taliban representatives regarding the conditions...
U.S. Withdrawal from the INF Treaty
U.S. Withdrawal
The United States will suspend its obligations under the 1987 Intermediate-Range Nuclear Forces Treaty and submit its formal notice of withdrawal to Russia on February 2, 2019. President Donald Trump first announced the U.S. withdrawal on October 20, 2018, and stated on February 1, 2019, that the United States was taking this step because Russia was violating the treaty by “developing and fielding a prohibited missile system that poses a direct threat to our allies and troops abroad.”
Under the INF Treaty, the United States and Soviet Union agreed to ban all land-based...
Background Ozone: Challenges in Science and Policy
Exposure to ozone, a common air pollutant, has been linked to early death, plant and crop damage, and damage to property. The U.S. Environmental Protection Agency (EPA) sets National Ambient Air Quality Standards (NAAQS) for ground-level ozone to protect human health and welfare with, by law, a “margin of safety.” States that contain areas with ozone concentrations above these standards must develop plans to reduce emissions and improve air quality. However, states have direct control only over emission sources located within their borders.
The Clean Air Act (CAA) requires EPA to...
Drug Trafficking at the Southwest Border: Homeland Security Issues in the 116th Congress
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The United States sustains a multi-billion dollar illegal drug market. An estimated 28.6 million Americans, or 10.6% of the population age 12 or older, had used illicit drugs at least once in the past month in 2016. The 2018 National Drug Threat Assessment indicates that Mexican transnational criminal organizations (TCOs) continue to dominate the U.S. drug market. They “remain the greatest criminal drug threat to the United States; no other group is currently positioned to challenge them.” The Drug Enforcement Administration (DEA) indicates that these TCOs maintain and expand their...
“Affirmative Action” and Equal Protection in Higher Education
When federal courts have analyzed and addressed “affirmative action” in higher education, they have done so in two distinct but related senses, both under the Fourteenth Amendment’s guarantee of “equal protection.”
The first has its roots in the original sense of “affirmative action:” the mandatory use of race by public education systems to eliminate the remnants of state-imposed racial segregation. Because state-sanctioned race segregation in public education violates the Fourteenth Amendment’s Equal Protection Clause, in certain cases involving a state’s formerly de jure segregated...
Introducing a House Bill or Resolution
Authoring and introducing legislation is fundamental to the task of representing voters as a Member of Congress. In fact, part of what makes the American political process unique is that it affords all Members an ability to propose their own ideas for chamber consideration. By comparison, most other democratic governments around the world rely on an executive official, often called a premier, chancellor, or prime minister, to originate and submit policy proposals for discussion and enactment by the legislature. Legislators serving in other countries generally lack the power to initiate...
Fifth-Generation (5G) Telecommunications Technologies: Issues for Congress
Since the first mobile phones were made available in the 1980s, telecommunication providers have been investing in mobile networks to expand coverage, improve services, and attract more users. First-generation networks supported mobile voice calls but were limited in coverage and capacity. To address those limitations, providers developed and deployed second-generation (2G) mobile networks, then third-generation (3G), and fourth-generation (4G) networks. Each generation offered improved speeds, greater capacity, and new features and services.
In 2018, telecommunication providers began...
Recent Migration to the United States from Central America: Frequently Asked Questions
Over the last decade, migration to the United States from Central America—in particular from El Salvador, Guatemala, and Honduras (known collectively as the Northern Triangle)—has increased considerably. Families migrating from this region, many seeking asylum, have made up an increasing share of the migrants seeking admission to the United States at the U.S.-Mexico border. In the past year, news reports of migrant “caravans” from the Northern Triangle traveling toward the United States have sparked intense interest and questions from Congress.
Many factors, both in their countries of...
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On October 4, 2018, President Trump released his Administration’s first National Strategy for Counterterrorism. The overarching goal of the strategy is to “defeat the terrorists who threaten America’s safety, prevent future attacks, and protect our national interests.” In describing the need for this strategy, National Security Advisor John Bolton stated that the terrorist “landscape is more fluid and complex than ever” and that the strategy will not “focus on a single organization but will counter all terrorists with the ability and intent to harm the United States, its citizens and...
Emergency Communications: Homeland Security Issues in the 116th Congress
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Overview First responders and other emergency personnel use emergency communications systems to communicate with each other during day-to-day operations and large-scale disasters. Emergency communication systems are also used to enable communications between the public and response agencies. Emergency communication systems include 911 systems that receive calls from the public, requesting assistance or reporting an emergency, and that relay those calls to response agencies (e.g., local police and fire departments); land mobile radio (LMR) systems that allow police, firefighters, and...
The Role of the House Minority Leader: An Overview
The House minority leader, the head of the “loyal opposition,” is elected every two years by secret ballot of his or her party caucus or conference. The minority leader occupies a number of important institutional and party roles and responsibilities, and his or her fundamental goal is to recapture majority control of the House.
From a party perspective, the minority leader has a wide range of assignments, all geared toward retaking majority control of the House. Five principal party activities direct the work of the minority leader. First, he or she provides campaign assistance to party...
A Possible Second U.S.-North Korea Summit: What Diplomacy Has and Hasn’t Achieved
Summary of January 2018-January 2019 Developments
In late January 2019, President Donald Trump said he would meet with North Korean leader Kim Jong-un “probably at the end of February.” The summit would be the second between the two leaders, following their summit in Singapore in June 2018. As of January 22, the White House has not detailed the substance of the planned meeting. Washington and Pyongyang appeared to reach few substantive agreements ahead of the last summit, which Trump described as a “getting to know you” occasion.
If the Trump-Kim summit occurs, it would continue the...
Latin America and the Caribbean: Issues in the 115th Congress
Geographic proximity has ensured strong linkages between the United States and Latin America and the Caribbean, based on diverse U.S. interests, including economic, political, and security concerns. The United States is a major trading partner and the largest source of foreign investment for many countries in the region, with free-trade agreements enhancing economic linkages with 11 countries. The region is a large source of U.S. immigration, both legal and illegal; proximity and economic and security conditions are major factors driving migration. Curbing the flow of illicit drugs has...
Economics of Federal User Fees
The federal government collects various fees from businesses and households. Choosing to raise public funds via user fees, as opposed to other means such as taxes, has important administrative and economic consequences. Many fees stem from “business-like activities,” in which the government provides a service or benefit in return for payment. For example, many national parks charge entry fees, which then help fund maintenance projects. Such fees and charges that result from voluntary choices, such as entering a national park, are distinguished from taxes—which stem from the government’s...
The U.S. Army and Multi-Domain Operations
What Are Multi-Domain Operations (MDO)?
According to the Army:
Multi-Domain Operations (MDO) describes how the U.S. Army, as part of the joint force [Army, Navy, Air Force, and Marines] can counter and defeat a near-peer adversary capable of contesting the U.S. in all domains [air, land, maritime, space, and cyberspace] in both competition and armed conflict. The concept describes how U.S. ground forces, as part of the joint and multinational team, deters adversaries and defeats highly capable near-peer enemies in the 2025-2050 timeframe.
MDO provides commanders numerous options for...
Brexit Deal Rejected: What Now?
Draft Agreement Fails to Gain Support
On January 15, 2019, the United Kingdom’s (UK’s) House of Commons rejected a draft agreement on the terms of the country’s withdrawal from the European Union (EU) by a vote of 432-202. Prime Minister Theresa May is to return to Parliament by January 21, 2019, to present her “plan B” for how to move forward with exiting the EU (“Brexit”) on March 29, 2019.
Brexit supporters, including the 118 members of Parliament (MPs) from May’s Conservative Party who voted against the government’s proposal, objected that the deal’s “backstop” provision, which would...
Freight Issues in Surface Transportation Reauthorization
Economic growth and expanded global trade have led to substantial increases in goods movement over the past few decades. The growth in freight transportation demand, along with growing passenger demand, has caused congestion in many parts of the transportation system, making freight movements slower and less reliable. Because the condition and performance of freight infrastructure play a considerable role in the efficiency of the freight system, federal support of freight infrastructure investment is likely to be of significant congressional concern in the reauthorization of the surface...
Federal Grants to State and Local Governments: Issues Raised by the Partial Government Shutdown
At the end of the day on December 21, 2018, the continuing appropriations measure, Making Further Continuing Appropriations for Fiscal Year 2019 (P.L. 115-298), which encompasses 7 of the 12 regular annual appropriations acts, expired. The resulting lapse in appropriations resulted in the partial shutdown of unfunded agencies beginning on December 22, 2018. Federal agencies that received their FY2019 appropriations under the Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019 (P.L. 115-244), and the Department of Defense and Labor,...
Cuba: U.S. Policy in the 115th Congress
Cuba remains a one-party authoritarian state with a poor human rights record. Current President Miguel Díaz-Canel succeeded Raúl Castro in April 2018, although Castro is continuing as first secretary of Cuba’s Communist Party. Over the past decade, Cuba has implemented gradual market-oriented economic policy changes, but critics maintain that it has not taken enough action to foster sustainable economic growth. Most observers do not anticipate major policy changes under Díaz-Canel, at least in the short term; the president faces the enormous challenges of reforming the economy and...
Farm Bill Primer Series: A Guide to Agriculture and Food Programs in the 2014 Farm Bill
This report constitutes a guide to a series of two-page reports that examine the various programs and policies that comprise periodic omnibus legislation on farm and food policy, commonly known as “the 2014 farm bill.” The Agriculture Act of 2014 (P.L. 113-79), or 2014 farm bill, was signed into law in February 2014. Many of the programs authorized by the 2014 farm bill expired in 2018, but most were subsequently reauthorized for five years and in many cases revised or otherwise amended by the Agricultural Improvement Act of 2018 (P.L. 115-334), the 2018 farm bill, which was signed into...
Members of Congress and Administrations have periodically considered reorganizing the federal government’s trade and development functions to advance various U.S. policy objectives. The Better Utilization of Investments Leading to Development Act of 2018 (BUILD Act), which was signed into law on October 5, 2018 (P.L. 115-254), represents a potentially major overhaul of U.S. development finance efforts. It establishes a new agency—the U.S. International Development Finance Corporation (IDFC)—by consolidating and expanding existing U.S. government development finance functions, which are...
Federal Crop Insurance: Specialty Crops
The federal crop insurance program offers subsidized crop insurance policies to farmers. Farmers can purchase policies that pay indemnities when their yields or revenues fall below guaranteed levels. While the majority of federal crop insurance policies cover yield or revenue losses, the program also offers policies with other types of guarantees, such as index policies that trigger an indemnity payment based on weather conditions. The Federal Crop Insurance Corporation (FCIC), a government corporation within the U.S. Department of Agriculture (USDA), pays part of the premium—about 63%, on...
Animal and Plant Health Import Permits in U.S. Agricultural Trade
The Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture (USDA) is the U.S. government authority tasked with regulating the import, transit, and release of regulated animals, animal products, veterinary biologics, plants, plant products, pests, organisms, soil, and genetically engineered organisms. APHIS provides scientific authorities in trade partner countries and U.S. importers with animal and plant health import regulations.
APHIS requires U.S. importers to obtain animal or plant health import permits, which verify that the items being imported meet...
Military Construction Funding in the Event of a National Emergency
The President’s reported consideration of whether to invoke various statutory authorities (including some triggered by a declaration of a national emergency) to direct the Department of Defense (DOD) to construct “a physical barrier” along the U.S.-Mexico border has raised questions about potentially available appropriated funds. This Insight identifies previous military construction projects funded through emergency authorities and unobligated military construction funding balances.
Title 10 U.S.C. Section 2808 is entitled Construction authority in the event of a declaration of war or...
Foreign Aid in the 115th Congress: A Legislative Wrap-Up in Brief
The 115th Congress enacted a range of foreign aid funding and authorizing legislation. Congress passed two State Department, Foreign Operations and Related Programs (SFOPS) appropriations bills, extended authorizations for several aid programs, enacted a number of reforms to aid programs, and created a new international development finance institution. This report summarizes legislative action related to foreign assistance in the 115th Congress. P.L. 115-31, P.L. 115-141, P.L. 115-44, P.L. 115-167, P.L. 115-198, P.L. 115-254, P.L. 115-256, P.L. 115-266, P.L. 115-305, P.L. 115-334.
Cybersecurity: Cybercrime and National Security Authoritative Reports and Resources
As online attacks grow in volume and sophistication, the United States is expanding its cybersecurity efforts. Cybercriminals continue to develop new ways to ensnare victims, whereas nation-state hackers compromise companies, government agencies, and businesses to create espionage networks and steal information. Threats come from both criminals and hostile countries, especially China, Russia, Iran, and North Korea.
Much is written on this topic, and this CRS report directs the reader to authoritative sources that address many of the most prominent issues. The annotated descriptions of...
Legislative Procedure and Process Resources for Congressional Staff
Written for congressional staff, this report identifies and provides details on how to obtain information on legislative procedures and process in the House and Senate. It provides references to selected CRS products and offers information on the CRS legislative institutes. A listing of selected supplementary materials is also provided.
This report will be updated as new information is available.
Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight
The Fifth Amendment to the U.S. Constitution states that “[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.” This provision requires that a federal prosecutor, in order to charge a suspect with a serious federal crime, secure the assent of an independent investigative and deliberative body comprising citizens drawn from the jurisdiction in which the crime would be tried. Federal grand juries serve two primary functions: (1) they aid federal prosecutors in investigating possible crimes by issuing subpoenas...
The Federal Income Tax: How Do Marginal Income Tax Rates Work?
Calculating Income Tax Liability For many taxpayers, calculating their federal income tax liability can be broken down into three main steps. Taxpayers calculate the amount of their income subject to taxation (i.e., their taxable income). Taxpayers apply marginal income tax rates to their taxable income to determine their “pre-tax credit” income tax liability. Taxpayers subtract any tax credits from their pre-tax credit income tax liability to determine their final income tax liability. Some taxpayers with more complex tax situations, including those who are subject to the alternative...
The Affordable Care Act’s (ACA’s) Employer Shared Responsibility Provisions (ESRP)
The employer shared responsibility provisions (ESRP), which often are referred to as the employer mandate, generally incentivize large employers to offer adequate and affordable health insurance coverage to their full-time employees and full-time employees’ dependents. If an applicable large employer fails to offer health insurance or offers substandard coverage to its employees, the employer may be subject to a penalty (i.e., assessment payment).
All common-law employers, including government entities (such as federal, state, local, or Indian tribal government entities), are responsible...
On January 7, a small group of Gabonese soldiers seized the state broadcasting building in Gabon’s capital, Libreville, and declared their intention to overthrow the government of President Ali Bongo Ondimba. Within hours, security forces retook the building and put down the coup attempt. The attempt followed months of political uncertainty after the president (aged 59) suffered a stroke in Saudi Arabia in October 2018; he has since remained outside the country and is currently convalescing in Morocco.
Separately, the coup attempt came days after President Trump announced the deployment,...
Strengthening America's Security in the Middle East Act of 2019 (S.1): An Overview
Overview
On January 3, 2019, Senator Marco Rubio and three cosponsors introduced S. 1, the Strengthening America's Security in the Middle East Act of 2019 (or SASME). The bill combines four legislative proposals, three of which were passed in some form by at least one chamber during the 115th Congress. While significant portions of SASME received broad bipartisan support during the 115th Congress, Members differ over whether S. 1 should be considered amidst a partial government shutdown. On January 8, cloture on the motion to proceed to Senate floor consideration of S. 1 was rejected by a...
Tribal Broadband: Status of Deployment and Federal Funding Programs
Tribal areas and communities continue to lag behind other areas and segments of American society with respect to broadband and telecommunications services. High poverty rates and low income levels in tribal lands—along with the fact that many tribal communities are located in remote rural areas (often with rugged terrain)—are major factors that may explain why tribal areas have comparatively poor levels of broadband access, and why providers may lack an economic incentive to serve those areas.
Until recently, data on tribal broadband deployment had been scarce. However, the Federal...
Romania Assumes the EU Presidency amid Domestic Turmoil
On January 1, 2019, Romania assumed the rotating presidency of the Council of the European Union (hereinafter, the EU presidency) for the first time since joining the European Union (EU) in 2007. The six-month position provides an opportunity for Romania to raise its standing within the EU. However, Romania’s EU presidency could be overshadowed by domestic political turmoil and external criticism of its recent justice reforms, which some EU and U.S. officials view as a threat to the rule of law.
EU Presidency
The Council of the EU is considered a key institution that represents EU...
U.S. Carbon Dioxide Emissions in the Electricity Sector: Factors, Trends, and Projections
International negotiations and domestic policy developments continue to generate congressional interest in current and projected U.S. greenhouse gas (GHG) emission levels. In December 2015, delegations from 195 nations, including the United States, adopted an agreement in Paris that creates an international structure for nations to pledge to abate their GHG emissions, adapt to climate change, and cooperate to achieve these ends, including financial and other support. Pursuant to that agreement, the United States pledged (in 2015) to reduce GHG emissions by 26-28% by 2025 compared to 2005...
Economic Effects of the FY2019 Government Shutdown
On December 22, 2018, funding lapsed for certain federal agencies, initiating a shutdown of those agencies. This Insight discusses how the shutdown could affect the overall economy. Official economic data will not be available for some time, and the data needed to answer some questions about the shutdown will never be available. Instead, the Insight reviews private forecasts, relevant data concepts, and evidence of the economic effects of the 16-day FY2014 shutdown (which occurred in October 2013).
For more information on government shutdowns, see CRS Report RL34680, Shutdown of the...
Democracy Promotion: An Objective of U.S. Foreign Assistance
Promoting democratic institutions, processes, and values has long been a U.S. foreign policy objective, though the priority given to this objective has been inconsistent. World events, competing priorities, and political change within the United States all shape the attention and resources provided to democracy promotion efforts and influence whether such efforts focus on supporting fair elections abroad, strengthening civil society, promoting rule of law and human rights, or other aspects of democracy promotion.
Proponents of democracy promotion often assert that such efforts are...
The SUPPORT for Patients and Communities Act (P.L.115-271): Medicare Provisions
On October 24, 2018, President Trump signed into law the Substance Use-Disorder Prevention That Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act; P.L. 115-271). The conference report on the bill was approved by the House 393-8 on September 28, 2018, and it cleared the Senate 98-1 on October 3, 2018.
The law was enacted in response to growing concerns among the U.S. public and lawmakers about increasing numbers of drug overdose deaths. Opioid overdose deaths, in particular, have increased significantly since 2002. In 2015, an estimated 33,091 Americans...
Profiles and Effects of Retaliatory Tariffs on U.S. Agricultural Exports
Countries have imposed tariffs on U.S. agricultural products to retaliate against actions the Trump Administration took in spring 2018 to protect U.S. steel and aluminum producers and in response to Chinese intellectual property rights and technology policies. Since then, more than 800 U.S. food and agricultural products have been subject to retaliatory tariffs from China, the European Union (EU), Turkey, Canada, and Mexico. U.S. exports of those products to the retaliating countries totaled $26.9 billion in 2017, according to USDA export data. The choice of agricultural and food products...
The Opioid Epidemic and the Food and Drug Administration: Legal Authorities and Recent Agency Action
According to the Centers for Disease Control and Prevention (CDC), the annual number of drug overdose deaths in the United States involving opioids has more than quadrupled since 1999. CDC estimates that in 2016, more than 63,000 people died from a drug overdose, and approximately 42,000 of these deaths involved an opioid. In combating the opioid epidemic, one central challenge for state and federal regulators is striking a balance between taking aggressive action to fight opioid misuse and addiction, while simultaneously protecting access to medication for patients who experience severe...
Federal Support for Graduate Medical Education: An Overview
Access to health care is, in part, determined by the availability of physicians, a function of the physician supply. Policymakers have demonstrated a long-standing interest in access to care, both in general and for specific populations. Moreover, federal support for medical residency training (a.k.a., graduate medical education [GME]) is the largest source of federal support for the health care workforce. Although the health workforce includes a number of professions, the size of the federal investment in GME—estimated at $16 billion in 2015—makes it a policy lever often considered to...
Protecting Consumers and Businesses from Fraudulent Robocalls
The Telephone Consumer Protection Act of 1991 (TCPA) regulates robocalls. A robocall, also known as “voice broadcasting,” is any telephone call that delivers a prerecorded message using an automatic (computerized) telephone dialing system, more commonly referred to as an automatic dialer or “autodialer.” Robocalls are popular with many industry groups, such as real estate, telemarketing, and direct sales companies. The majority of companies who use robocalling are legitimate businesses, but some are not. Those illegitimate businesses may not just be annoying consumers—they may also be...
The Carl D. Perkins Career and Technical Education Act (Perkins Act) is the primary federal law aimed at developing and supporting career and technical education (CTE) programs at the secondary and postsecondary educational levels. Prior to the 115th Congress, the Perkins Act had most recently been reauthorized in 2006 by the Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV; P.L. 109-270). In the 115th Congress, the Perkins Act was comprehensively reauthorized again, through the Strengthening Career and Technical Education for the 21st Century Act (Perkins V; P.L....
Permanent Employment-Based Immigration and the Per-country Ceiling
The Immigration and Nationality Act (INA) specifies a complex set of categories and numerical limits for admitting lawful permanent residents (LPRs) to the United States that includes economic priorities among the admission criteria. These priorities are addressed primarily through the employment-based immigration system, which consists of five preference categories. Each preference category has specific eligibility criteria; numerical limits; and, in some cases, distinct application processes. The INA allocates 140,000 visas annually for all five employment-based LPR categories, roughly...
Funding Gaps and Government Shutdowns: CRS Experts
Contacting CRS Subject Matter Experts In the event of a funding gap, the potential impacts of a government shutdown would depend on a program’s or agency’s specific circumstances and, furthermore, how relevant law is interpreted. Table 1 provides names and contact information for CRS subject matter experts on policy issues relating to funding gaps and the processes and effects that may be associated with a government shutdown. Policy areas that are identified in Table 1 include agencies and programs funded by specific regular appropriations bills; cross-cutting shutdown issues; domestic...
Membership of the 115th Congress: A Profile
This report presents a profile of the membership of the 115th Congress (2017-2018) as of December 20, 2018. Statistical information is included on selected characteristics of Members, including data on party affiliation, average age, occupation, education, length of congressional service, religious affiliation, gender, ethnicity, foreign births, and military service.
In the House of Representatives, there are 238 Republicans (including 1 Delegate and the Resident Commissioner of Puerto Rico), 201 Democrats (including 4 Delegates), and 5 vacant seats. The Senate has 51 Republicans, 47...
USDA’s Final Rule on Milk, Whole Grains, and Sodium in School Meals
On December 12, 2018, Agriculture Secretary Sonny Perdue announced a final rule on “flexibilities” for milk, whole grains, and sodium in child nutrition programs. The rule alters certain aspects of the nutrition standards for school meals that the U.S. Department of Agriculture’s Food and Nutrition Service (USDA-FNS) updated in 2012 based on a timeline set by the Healthy, Hunger-Free Kids Act of 2010 (HHFKA, P.L. 111-296). The release of the final rule follows years of debate over the updated standards and previous actions by Congress and USDA to loosen the milk, whole grain, and sodium...
International Approaches to Digital Currencies
Since Bitcoin was introduced a decade ago, about 2,100 cryptocurrencies have been developed. Cryptocurrencies are digital representations of value that have no status as legal tender and are administered using distributed ledger technology, running on a network of independent, peer-to-peer computers. Cryptocurrencies are controversial. Some think they will revolutionize the international payments system for the better; others are skeptical of the business model, calling it a scam. The interest and debate surrounding cryptocurrencies has led some central banks to examine whether the...
Selected International Insurance Issues in the 115th Congress
The growth of the international insurance market and trade in insurance products and services has created opportunities and new policy issues for U.S. insurers, Congress, and the U.S. financial system. Insurance regulation is centered on the states, with the federal government having a limited role. While the risks of loss and the regulation may be local, the business of insurance, as with many financial services, has an increasingly substantial international component as companies and investors look to grow and diversify.
The 2010 Dodd-Frank Wall Street Reform and Consumer Protection...
The Airline Deregulation Act of 1978 gave airlines almost total freedom to determine which domestic markets to serve and what airfares to charge. This raised the concern that communities with relatively low passenger levels would lose service as carriers shifted their operations to serve larger and often more profitable markets. To address this concern, Congress established the Essential Air Service (EAS) program to ensure that small communities that were served by certificated air carriers before deregulation would continue to receive scheduled passenger service, with subsidies if...
Legal Authorities Under the Controlled Substances Act to Combat the Opioid Crisis
According to the Centers for Disease Control and Prevention, the annual number of drug overdose deaths involving prescription opioids (such as hydrocodone, oxycodone, and methadone) and illicit opioids (such as heroin and nonpharmaceutical fentanyl) has more than quadrupled since 1999. A November 2017 report issued by the President’s Commission on Combating Drug Addiction and the Opioid Crisis also observed that “[t]he crisis in opioid overdose deaths has reached epidemic proportions in the United States ... and currently exceeds all other drug-related deaths or traffic fatalities.” How...
Refugee Admissions and Resettlement Policy
A refugee is a person fleeing his or her country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Typically, the annual number of refugees that can be admitted into the United States, known as the refugee ceiling, and the allocation of these numbers by region are set by the President after consultation with Congress at the start of each fiscal year.
For FY2019, the worldwide refugee ceiling is 30,000. The FY2019 regional allocations are, as follows: Africa (11,000), East...
EPA’s Wood Stove / Wood Heater Regulations: Frequently Asked Questions
On March 7, 2018, the House passed H.R. 1917, a bill that would delay for three years the implementation of more stringent emission standards for new residential wood heaters. The emission standards were promulgated by the U.S. Environmental Protection Agency (EPA) in 2015, and are becoming effective through a two-step process. Step 1 standards took effect on May 15, 2015; unless delayed, more stringent Step 2 standards will become effective on May 15, 2020. EPA’s 2015 rule revises standards for wood stoves and pellet stoves that were set in 1988, and establishes standards for other types...
U.S. Trade with Major Trading Partners
U.S. world trade has grown steadily over the past decade. In 2017, the United States exported $2.4 trillion in goods and services and imported $2.9 trillion. Since 2009, when trade flows declined sharply in the midst of the financial crisis, U.S. exports have grown—in nominal terms—48.5%, while U.S. imports have grown 47.6%. More broadly, since 1960, trade relative to gross domestic product (GDP) has risen markedly. U.S. exports as a percentage of GDP expanded from 5% in 1960 to over 12% of GDP in 2017, while U.S. imports expanded from 4% to over 15% of GDP. China was the top U.S. trading...
Medicaid Supplemental Payments
Medicaid is a means-tested entitlement program that finances the delivery of primary and acute medical services, as well as long-term services and supports. Medicaid is a federal and state partnership that is jointly financed by the federal government and the states. States must follow broad federal rules to receive federal matching funds, but they have flexibility to design their own versions of Medicaid within the federal statute’s basic framework. This flexibility results in variability across state Medicaid programs.
In general, benefits are made available to Medicaid enrollees via two...
Most of the provisions in the Water Infrastructure Improvements for the Nation Act (WIIN Act; P.L. 114-322), enacted on December 16, 2016, relate to the U.S. Army Corps of Engineers. However, the WIIN Act also includes a subtitle (Title II, Subtitle J, §§4001-4013) with the potential to affect western water infrastructure owned by the Bureau of Reclamation (Reclamation; part of the Department of the Interior). Three sections in Subtitle J (§4007, §4009, and §4011) made alterations that would apply throughout Reclamation’s service area, the 17 states to the west of the Mississippi River....
Intelligence Community Whistleblower Protections In Brief
Whistleblowing is “the act of reporting waste, fraud, abuse and corruption in a lawful manner to those who can correct the wrongdoing.” Intelligence Community (IC) whistleblowers are those employees or contractors working in any of the seventeen elements of the IC who reasonably believe there has been a violation of law, rule, or regulation, gross mismanagement, waste of resources, abuse of authority, or a substantial danger to public health and safety. The IC has publicly recognized the importance of whistleblowing, and supports protections for whistleblowers who conform to guidelines to...
“Waters of the United States” (WOTUS): Current Status of the 2015 Clean Water Rule
The Clean Water Act (CWA) is the principal federal law governing pollution of the nation’s surface waters. The statute protects “navigable waters,” which it defines as “the waters of the United States, including the territorial seas.” The scope of the term waters of the United States, or WOTUS, is not defined in the CWA. Thus, the Army Corps of Engineers and U.S. Environmental Protection Agency (EPA) have defined the term in regulations several times as part of their implementation of the act.
Two Supreme Court rulings (Solid Waste Agency of Northern Cook County v. U.S. Army Corps of...
Amazon HQ2 and Federal Opportunity Zone Tax Incentives
On November 13, 2018, Amazon announced that it would be splitting its second headquarters (HQ2) between Northern Virginia and Long Island City, NY. According to the company, each HQ2 site is expected to add 25,000 jobs over 12 years. Additionally, Amazon announced that it would build an “Operations Center of Excellence” that is expected to add more than 5,000 jobs in Nashville, TN. State and local governments offered Amazon a range of tax incentives, grants, and other benefits (e.g., a nearby state university “innovation campus”). Some of these incentives are performance-based and would...
In September 2017, Deputy Secretary of Defense (DSD) Patrick Shanahan issued a memorandum calling for the accelerated adoption of a Department of Defense (DOD)-wide cloud computing system. Under the Joint Enterprise Defense Infrastructure (JEDI) Cloud program, DOD seeks to “acquire a...cloud services solution that can support Unclassified, Secret, and Top Secret requirements,” with a focus on commercially available services. Significant industry and congressional attention has been focused on the JEDI Cloud contract.
What is Cloud Computing?
Broadly speaking, cloud computing refers to the...
Points of Order, Rulings, and Appeals in the House of Representatives
The Speaker usually does not take the initiative to prevent the House from considering proposals or taking actions that would violate the House’s rules. Instead, whenever a Member believes that the House’s legislative procedures are being violated in some way, or are about to be violated, that Member may insist that the House’s procedures be enforced by making a point of order against the alleged violation.
Sharing the Colorado River and the Rio Grande: Cooperation and Conflict with Mexico
The United States and Mexico share the waters of the Colorado River and the Rio Grande. A bilateral water treaty from 1944 (the 1944 Water Treaty) and other binational agreements guide how the two governments share the flows of these rivers. The binational International Boundary and Water Commission (IBWC) administers these agreements. Since 1944, the IBWC has been the principal venue for addressing river-related disputes between the United States and Mexico. The 1944 Water Treaty authorizes the IBWC to develop rules and to issue proposed decisions, called minutes, regarding matters...
U.S. Foreign Aid to the Palestinians
In calendar year 2018, the Trump Administration has significantly cut funding for the Palestinians during a time of tension in U.S.-Palestinian relations. Statements by President Trump suggest that the Administration may seek via these cuts to persuade the Palestine Liberation Organization (PLO) to participate in U.S.-led diplomacy on the Israeli-Palestinian peace process. Despite the funding cuts, PLO Chairman and Palestinian Authority (PA) President Mahmoud Abbas and other PLO/PA officials have not reversed their decision to break off diplomatic contacts with the United States, which...
USDA Domestic Food Assistance Programs: FY2018 Appropriations
The Consolidated Appropriations Act, 2018 (P.L. 115-141) was enacted on March 23, 2018. This omnibus bill included appropriations for the U.S. Department of Agriculture (USDA), of which USDA’s domestic food assistance programs are a part. Prior to its enactment, the federal government had continued to operate for the first six months of the fiscal year under continuing resolutions (CRs). This report focuses on the enacted appropriations for USDA’s domestic food assistance programs and, in some instances, policy changes provided by the omnibus law. CRS Report R45128, Agriculture and Related...
U.S. Farm Income Outlook for 2018
According to USDA’s Economic Research Service (ERS), national net farm income—a key indicator of U.S. farm well-being—is forecast at $66.3 billion in 2018, down over $9 billion (-12%) from last year. The forecast decline in 2018 net farm income is the result of a small increase in gross returns (up $5.8 billion or +1.3%)—including the initial tranche of payments under the trade aid package announced by USDA in July 2018—offset by higher production expenses (up $14.9 billion or +4.2%). Net farm income is calculated on an accrual basis. Net cash income (calculated on a cash-flow basis) is...
Speaking on the House Floor: Gaining Time and Parliamentary Phraseology
House rules and precedents structure Members’ opportunities to speak on the floor about pending legislation. Under some circumstances, Members arrange to speak on legislation by communicating with the leaders of the committee that reported the bill. Sometimes the arrangements can be made on the floor during the debate, and at other times they are made prior to floor consideration. The committee leaders from both sides of the aisle manage the consideration of a bill on the floor, under what is known as controlled time, by allocating the debate time among several Members.
In certain other...
Shutdown of the Federal Government: Causes, Processes, and Effects
When federal agencies and programs lack funding after the expiration of full-year or interim appropriations, the agencies and programs experience a funding gap. If funding does not resume in time to continue government operations, then, under the Antideficiency Act, an agency must cease operations, except in certain situations when law authorizes continued activity. Funding gaps are distinct from shutdowns, and the criteria that flow from the Antideficiency Act for determining which activities are affected by a shutdown are complex.
Failure of the President and Congress to reach agreement...
Yemen: Peace Talks and Current Congressional Action
Overview
On December 6, 2018, the warring parties to the conflict in Yemen convened in Sweden under the auspices of the United Nations to discuss various de-escalation proposals and a possible road map to a comprehensive peace settlement. The 10-day talks are the first formal negotiations since 2016, and they coincide with Senate consideration of several pieces of legislation that would, among other things, endorse United Nations-led efforts for a comprehensive political settlement to the conflict in Yemen and censure Saudi Arabia for the killing of Saudi journalist Jamal Khashoggi.
These...
Buprenorphine and the Opioid Crisis: A Primer for Congress
Buprenorphine is a medication used to treat adults addicted to opioids (it is also used in the treatment of pain). Buprenorphine’s effectiveness, safety, and availability in the treatment of opioid addiction are of considerable interest to policymakers seeking to address the ongoing opioid epidemic in the United States. Congressional actions taken in recent years to address the opioid crisis have included attempts to increase access to buprenorphine. This report addresses questions policymakers may have about the effectiveness of buprenorphine, the demand for buprenorphine, and access to...
Advanced Gene Editing: CRISPR-Cas9
Scientists have long sought the ability to control and modify DNA—the code of life. A gene editing technology known as CRISPR-Cas9 offers the potential for substantial improvement over other gene editing technologies in that it is simple to use and inexpensive and has a relatively high degree of precision and efficiency. These characteristics have led many in the scientific and business communities to assert that CRISPR-Cas9 will lead to groundbreaking advances in many fields, including agriculture, energy, ecosystem conservation, and the investigation, prevention, and treatment of...
The Special Registration for Telemedicine: In Brief
Suppress:
In response to the concerns about the opioid epidemic, the Trump Administration proposed expanding access to telemedicine services such as for the prescribing of medicine used for substance abuse or mental health treatment. Telemedicine is the electronic delivery of a clinical health care service via a technological method. Section 311(h)(1) of the Controlled Substance Act (CSA), which was added by Section 3 of the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (Ryan Haight Act; P.L. 110-425), authorized the special registration for telemedicine with the goal of...
The Use of Modified Adjusted Gross Income (MAGI) in Federal Health Programs
Certain portions of federal health programs rely on means testing for eligibility and other purposes. Medicare premiums, the individual mandate exemptions and penalties, eligibility and amounts for tax credits for health insurance exchange coverage, and Medicaid eligibility are determined, in part, using modified adjusted gross income (MAGI). MAGI is a concept that is used throughout federal tax law and certain federal programs. There is no uniform definition of MAGI; rather, the term has different definitions depending on the purpose for which it is being calculated.
For each of these...
Venue: A Legal Analysis of Where a Federal Crime May Be Tried
The United States Constitution assures those charged with a serious federal crime that they will be prosecuted in the state and district in which the crime occurred. A crime occurs in any district in which any of its “conduct” elements are committed. Some offenses are committed entirely within a single district; there they may be tried. Other crimes have elements that have occurred in more than one district. Still other crimes have been committed overseas and so have occurred outside any district. Statutory provisions, court rules, and judicial interpretations implement the Constitution’s...
The Pregnancy Assistance Fund: An Overview
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) established the Pregnancy Assistance Fund (PAF) to assist vulnerable individuals and their families during the transition to parenthood. Specifically, the program serves expectant and parenting teens, women, fathers, and their families. This includes women of any age who are survivors of domestic violence, sexual violence, sexual assault, and stalking. The PAF program focuses on meeting the educational, social service, and health needs of eligible individuals and their children during pregnancy and the postnatal...
Venue: An Abridged Legal Analysis of Where a Federal Crime May Be Tried
The United States Constitution assures those charged with a serious federal crime that they will be prosecuted in the state and district in which the crime occurred. A crime occurs in any district in which any of its “conduct” elements are committed. Some offenses are committed entirely within a single district; there they may be tried. Other crimes have elements that have occurred in more than one district. Still other crimes have been committed overseas and so have occurred outside any district. Statutory provisions, court rules, and judicial interpretations implement the Constitution’s...
Congressional Oversight of Intelligence: Background and Selected Options for Further Reform
Prior to the establishment of the Senate Select Committee on Intelligence (SSCI) and the House Permanent Select Committee on Intelligence (HPSCI) in 1976 and 1977, respectively, Congress did not take much interest in conducting oversight of the Intelligence Community (IC). The Subcommittees on the Central Intelligence Agency (CIA) of the congressional Armed Services Committees had nominal oversight responsibility, though Congress generally trusted that IC could more or less regulate itself, conduct activities that complied with the law, were ethical, and shared a common understanding of...
The G-20 Summit and Trump-Xi Meeting in Buenos Aires: Key Outcomes
Argentina hosted the annual Group of 20 (G-20) summit on November 30 and December 1 in Buenos Aires. The G-20 is a forum for advancing international economic cooperation and coordination among 20 major economies, including the United States, that together account for about 85% of global economic output. In recent years, the G-20 has also increasingly become a forum for discussing pressing foreign policy issues. Although Argentina set the agenda for 2018, proposing a focus on the future of work, infrastructure development, and food security, most attention in the lead-up to the summit...
Presidential State Funerals: Past Practices and Security Considerations
On November 30, 2018, former President George H.W. Bush died. In the tradition of past presidential deaths, President Bush will receive a state funeral (designated as a National Special Security Event), which includes several ceremonial events in Washington, DC, prior to his burial at the George H.W. Bush Presidential Library Center at Texas A&M University in College Station, TX. The state funeral process is carried out by the Joint Task Force-National Capital Region, a division of the Military District of Washington (MDW). The official schedule for President Bush’s state funeral is...
U.S. Trade Trends and Developments
Summary
The United States is the world’s biggest economy (in nominal dollars), leading trading nation (goods and services), and largest source of and destination for foreign direct investment. The U.S. output of goods and services, or gross domestic product (GDP), totaled $19.5 trillion in 2017. That is almost the combined GDP in nominal dollars of the next three largest economies. All told, the United States, with close to 5% of the world’s population, accounted for almost 25% of the world’s output and more than 16% of its growth in 2017. While the United States is the world’s largest...
Russia’s Use of Force Against the Ukrainian Navy
Naval Incident Escalates Tensions
On November 25, 2018, Russian coast guard vessels in the Black Sea forcibly prevented two small Ukrainian armored artillery boats and a tugboat from transiting the Kerch Strait en route to the Ukrainian port of Berdyansk, on the Sea of Azov, according to official Ukrainian and Russian reports (see Figure 1). After ramming the tugboat and blockading all three boats for hours, the Russian vessels reportedly fired on them as they sought to leave the area, injuring six sailors. The Ukrainian boats and their 24 crew members were detained and taken to Kerch, in...
On October 24, 2018, President Donald J. Trump signed into law H.R. 6, the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (P.L. 115-271; the SUPPORT for Patients and Communities Act, or the SUPPORT Act).
The SUPPORT Act is a sweeping measure designed to address widespread overprescribing and abuse of opioids in the United States. The act includes provisions involving law enforcement, public health, and health care financing and coverage. Broadly, the legislation imposes tighter oversight of opioid production and...
The European Union: Ongoing Challenges and Future Prospects
The European Union (EU) is a unique partnership in which member states have pooled sovereignty in certain policy areas and harmonized laws on a wide range of economic and political issues. The EU is the latest stage in a process of European integration begun after World War II, initially by six Western European countries, to promote peace, security, and economic development. The EU currently consists of 28 member states, including most of the formerly communist countries of Central and Eastern Europe.
The EU is largely viewed as a cornerstone of European stability and prosperity. For much...
Cybersecurity: Critical Infrastructure Authoritative Reports and Resources
Critical infrastructure is defined in the USA PATRIOT Act (P.L. 107-56, §1016(e)) as “systems and assets, physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health and safety, or any combination of those matters.”
Presidential Decision Directive 63, or PDD-63, identified activities whose critical infrastructures should be protected: information and communications; banking and finance; water supply; aviation, highways, mass transit,...
Trends in Social Security Disability Insurance Enrollment
The Social Security Disability Insurance (SSDI) program pays cash benefits to non-elderly workers and their dependents provided that the workers have paid into the Social Security system for a sufficient number of years and are determined to be unable to continue performing substantial work because of a qualifying disability. The total number of disabled-worker beneficiaries was approximately 2.7 million in 1985, peaked at approximately 9.0 million in 2014, and then declined over the last three years by nearly 0.3 million. In December 2017, 8.7 million disabled workers received SSDI...
Commercial Space: Federal Regulation, Oversight, and Utilization
U.S. companies have always been involved in spaceflight as contractors to government agencies. Increasingly, though, space is becoming commercial. A majority of U.S. satellites are now commercially owned, providing commercial services, and launched by commercial launch providers. Congressional and public interest in space is also becoming more focused on commercial activities, such as companies developing reusable rockets or collecting business data with fleets of small Earth-imaging satellites. This report addresses two distinct but closely related topics: how the federal government...
After Prudential, Are There Any Systemically Important Nonbanks?
During the 2008 financial crisis, problems at AIG, Bear Stearns, and Lehman Brothers led to broader financial instability or government “bailouts” in order to prevent instability. At the time, these firms were nonbank financial institutions and not generally subject to effective safety and soundness regulation on a consolidated basis.
The Dodd Frank Act (P.L. 111-203) provided the Financial Stability Oversight Council (FSOC) with the authority to designate nonbanks for enhanced prudential oversight by the Federal Reserve as systemically important financial institutions (SIFIs). Since...
The Office of the Parliamentarian in the House and Senate
The House and the Senate each has an Office of the Parliamentarian to provide expert advice and assistance on questions relating to the meaning and application of that chamber’s legislative rules, precedents, and practices. The Speaker began naming a parliamentarian in 1927; the Senate first formally recognized its parliamentarian in 1935.
The responsibilities of the two offices are similar. These derive from the need of Representatives and Senators, and their staff, for access to confidential and nonpartisan expertise regarding the intricacies of the legislative process. The...
Government Contract Bid Protests: Analysis of Legal Processes and Recent Developments
In FY2017, the federal government obligated approximately $500 billion to procure goods and services. Federal procurement statutes and regulations—notably the Competition in Contracting Act of 1984 (CICA) and the Federal Acquisition Regulation (FAR), the government-wide regulation that generally applies to acquisitions by executive branch agencies—establish largely uniform policies and procedures for how federal executive agencies acquire goods and services. The purpose of these standards is to guide the acquisition system “to deliver on a timely basis the best value product or service to...
UK Parliament to Vote on Withdrawal Agreement
Four months away from the United Kingdom’s (UK’s) expected withdrawal from the European Union (EU), discord and uncertainty remain central themes in the analysis of “Brexit.” The efforts of UK and EU negotiators to reconcile a complex set of competing interests and preferences have produced a 585-page draft withdrawal agreement and a 26-page political declaration on the future UK-EU relationship. EU leaders signed off on the deal in late November 2018, leaving a vote by the European Parliament as the final step for approval by the EU before the...
Background
On July 19, 2018, the House passed H.R. 6147, which included an FY2019 Financial Services and General Government (FSGG) appropriations bill (originally H.R. 6258) as Division B. The Senate passed a substitute version of H.R. 6147 on August 1, 2018, with the Senate FY2019 FSGG bill (originally S. 3107) as Division B. No full-year FY2019 FSGG bill was enacted prior to the end of FY2018. The FSGG agencies were provided continuing appropriations until December 7, 2018, in Division C of P.L. 115-245.
Although financial services are a focus of the FSGG bill, the bill does not include...
The adequacy of federal investment in physical sciences and engineering (PS&E) basic research is a long-standing concern of many in industry and academia. This topic received much attention in the early 2000s due to perceived underinvestment in these disciplines. Many Members of Congress, industry leaders, and science and technology policy analysts asserted that the long-term competitive position and national security of the United States depended in large measure on the rapid increases in federal funding for PS&E. PS&E research provides the foundation for materials, products, and...
FY2018 and FY2019 Agriculture Appropriations: Federal Food Safety Activities
The Agriculture appropriations bill—formally known as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act—funds the Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA), excluding the U.S. Forest Service. Congress enacted the FY2018 agriculture appropriation in March 2018 as part of the Consolidated Appropriations Act, 2018 (P.L. 115-141, Division A). Both the House and the Senate Appropriations Committees have reported Agriculture appropriations bills for FY2019 (H.R. 5961, S. 2976). The Senate amended and...
Medicaid Alternative Benefit Plan Coverage: Frequently Asked Questions
Medicaid is a federal-state program that finances the delivery of primary and acute medical services, as well as long-term services and supports, to a diverse low-income population, including children, pregnant women, adults, individuals with disabilities, and people aged 65 and older. Medicaid is financed jointly by the federal government and the states. Federal Medicaid spending is an entitlement, with total expenditures dependent on state policy decisions and use of services by enrollees.
State participation in Medicaid is voluntary, although all states, the District of Columbia, and...
Energy Savings Performance Contracts (ESPCs) and Utility Energy Service Contracts (UESCs)
Many in Congress have expressed a continuing interest in improving energy efficiency and increasing the use of renewable energy. To facilitate investment in energy efficiency and renewable energy at federal facilities, Congress established alternative financing methods that utilize private sector resources and capabilities. Two such alternative financing methods are energy savings performance contracts (ESPCs) and utility energy service contracts (UESCs).
ESPCs and UESCs are contracts between a federal agency and another party—an energy service company or a utility, depending upon the...
Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program: Background and Funding
The federal Maternal, Infant, and Early Childhood Home Visiting (MIECHV) program supports home visiting services for families with young children who reside in communities that have concentrations of poor child health and other indicators of risk. Home visits are conducted by nurses, mental health clinicians, social workers, or paraprofessionals with specialized training. Generally, they visit the homes of eligible families on a regular basis (e.g., weekly or monthly) over an extended period (e.g., six months or longer) to provide support to caregivers and children, such as guidance on...
Election Policy on the November 2018 Ballot
On November 6, voters in some states did not just vote on the policymakers who will represent them. They also made policy themselves, by approving or rejecting ballot measures.
Some of the measures on state ballots included provisions that would affect the conduct of federal elections. Most of those measures succeeded. Thirteen state measures with implications for federal elections were on the ballot in 10 states, and 12 were approved.
What Are Ballot Measures?
Ballot measures are policy questions that are decided by popular vote. Local measures are voted on by residents of a locality,...
Cybersecurity: Data, Statistics, and Glossaries
This report describes data and statistics from government, industry, and information technology (IT) security firms regarding the current state of cybersecurity threats in the United States and internationally. These include incident estimates, costs, and annual reports on data security breaches, identity thefts, cybercrimes, malware, and network securities.
Much is written on this topic, and this CRS report directs the reader to authoritative sources that address many of the most prominent issues. The annotated descriptions of these sources are listed in reverse chronological order, with...
The nexus of robotics and autonomous systems (RAS) and artificial intelligence (AI) has the potential to change the nature of warfare. RAS offers the possibility of a wide range of platforms—not just weapon systems—that can perform “dull, dangerous, and dirty” tasks—potentially reducing the risks to soldiers and Marines and possibly resulting in a generation of less expensive ground systems. Other nations, notably peer competitors Russia and China, are aggressively pursuing RAS and AI for a variety of military uses, raising considerations about the U.S. military’s response—to include...
Unemployment Insurance: Legislative Issues in the 115th Congress
The 115th Congress continues to consider many issues related to the two major components of the unemployment insurance (UI) system: Unemployment Compensation (UC) and Extended Benefits (EB). This report begins with a brief overview of the UI programs that may provide benefits to eligible unemployed workers. It provides information on legislation enacted in the 115th Congress related to UI programs. In addition, this report includes short summaries of legislative proposals introduced in the 115th Congress as a well as UI proposals included in the President’s budget for FY2019.
President...
Federal law permits states to restrict an individual’s Unemployment Compensation (UC) benefit eligibility for certain circumstances related to the “fact or cause” of unemployment; this includes situations in which an individual was fired for drug use or refusing to take a drug test. Most states have specific disqualifications for drug-related job loss (see Table 5-8 in the hyperlink), including reporting to work under the influence of drugs/alcohol; violating the employer’s drug policy, including refusing to undergo drug or alcohol testing; or having tested positive for drugs or alcohol...
FY2017 State Grants Under Title I-A of the Elementary and Secondary Education Act (ESEA)
The Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA; P.L. 114-95), is the primary source of federal aid to K-12 education. The Title I-A program is the largest grant program authorized under the ESEA. It is designed to provide supplementary educational and related services to low-achieving and other students attending elementary and secondary schools with relatively high concentrations of students from low-income families. Title I-A was funded at $15.5 billion for FY2017.
Under current law, the U.S. Department of Education (ED) determines...
California Wildfires: Brief Overview of FEMA Programs and Resources
Introduction
This Insight provides a brief overview of the major disaster declaration issued for the ongoing wildfires in California. It also provides links to selected CRS products related to the disaster.
As authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, President Trump issued a major disaster declaration on November 12, 2018. The major disaster declaration allows for the broadest range of assistance to be made available to state and local governments; private, nonprofit organizations; and individuals. The major disaster declaration also...
Teacher Preparation Policies and Issues in the Higher Education Act
Approximately 26,000 state-approved teacher preparation programs are in operation across the United States. Among these, about 70% are traditional teacher preparation programs—that is, they are contained within schools of education at institutions of higher education (IHEs). Of the remaining, alternative routes to teacher preparation, about two-thirds are based at an IHE and about one-third are operated independent of an IHE.
The Higher Education Act of 1965 (HEA, P.L. 89-329, as amended), includes financial support and accountability provisions intended to improve the quality of teacher...
Serbia: Background and U.S. Relations
Following the conflicts in the 1990s in the countries of the former Yugoslavia, the prospect of membership in the Euro-Atlantic community and the active presence of the United States and European Union (EU) in the Western Balkans provided a level of stability that allowed most of the countries of the region to adopt economic and political reforms. During this time, Slovenia and Croatia joined the EU. These countries, along with Albania and Montenegro, also joined NATO. Other countries of the Balkans are pursuing EU and NATO membership.
However, many observers in Europe and the United...
Brazil’s Presidential Election
Brazil—the fifth most populous country and ninth-largest economy in the world—held presidential, legislative, and state elections in October 2018. Antiestablishment sentiment carried the day, as voters elected Jair Bolsonaro, a far-right populist, to the presidency and replaced nearly half of congress. The results could have significant implications for Brazil’s domestic policies as well as its relationship with the United States.
Domestic Context
The 2018 election took place as Brazil was struggling to emerge from a series of domestic crises. The country fell into a deep recession in...
On October 24, 2018, President Trump signed into law H.R. 6, the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (P.L. 115-271; the SUPPORT for Patients and Communities Act, or the SUPPORT Act).
The SUPPORT Act is a sweeping measure designed to address widespread overprescribing and abuse of opioids in the United States. The act includes provisions involving law enforcement, public health, and health care financing and coverage. Broadly, the legislation imposes tighter oversight of opioid production and distribution; imposes...
Senate Rules Affecting Committees
The Senate imposes some general procedural requirements and prohibitions on its committees, but, in general, the Senate’s rules allow each of its standing committees to decide how to conduct business. Most of the chamber’s requirements for committees are found in Senate Rule XXVI. Because the committees are agents of the Senate, they are obligated to comply with all Senate directives that apply to them.
This report identifies and summarizes the provisions of the Senate’s standing rules, standing orders, precedents, and other directives that relate to legislative activity in the Senate’s...
Points of Order, Rulings, and Appeals in the Senate
The Senate’s presiding officer typically does not have responsibility for proactively ensuring that matters under consideration comply with the rules. Instead, Senators may enforce the Senate’s legislative rules and precedents by making points of order whenever they believe that one of those rules or precedents is, or is about to be, violated. Under some circumstances, a ruling by the presiding officer determines whether or not the point of order is well taken. Under others, the Senate itself decides the point of order, usually by majority vote.
Senate Rule XX states in part that “[a]...
Congressional committee hearings may be broadly classified into four types: legislative, oversight, investigative, and confirmation. Hearings may be held on Capitol Hill or elsewhere (e.g., a committee member’s district or state, or a site related to the subject of the hearing). These latter hearings are often referred to as field hearings.
It has been over 40 years since British Airways’ first Concorde passenger flight took off in 1976. So far the Concorde is the only commercial supersonic passenger aircraft to travel at more than twice the speed of sound. It was a technological accomplishment but not a commercial success. In 2003, all Concorde aircraft were taken out of service.
Recent years have seen a revival of interest in supersonic aircraft. Several startup companies are developing new supersonic commercial and business jets, hoping technological advances in materials, design, and engine efficiency will make it...
Acute Flaccid Myelitis: How CDC Assists States in Investigating Emerging Diseases
Concern has grown over the recent increase in Acute Flaccid Myelitis (AFM) cases around the country. According to the Centers for Disease Control and Prevention (CDC), AFM is a rare condition with no specific treatment that mostly impacts children. AFM affects a person’s nervous system, particularly the gray matter of the spinal cord, causing weakness in the arms and legs along with other symptoms. Media reports often refer to AFM as a “polio-like condition” because its symptoms mirror those associated with poliovirus infection. To date, all AFM cases have tested negative for poliovirus,...
Presidential Proclamation on Unlawful Border Crossers and Asylum
On November 9, 2018, President Donald Trump issued a presidential proclamation to immediately suspend the entry of foreign nationals (aliens) who cross into the United States at the U.S.-Mexico border without inspection. The pronouncement further references that those who enter in contravention of the suspension will be ineligible for asylum under an interim final rule issued jointly by the Departments of Homeland Security and Justice on that same date. The proclamation and the rule are being challenged in federal court.
In the words of the proclamation, its issuance was prompted by the...
Lame Duck Sessions of Congress Following a Majority-Changing Election: In Brief
“Lame duck” sessions of Congress take place whenever one Congress meets after its successor is elected but before the term of the current Congress ends. Their primary purpose is to complete action on legislation. They have also been used to prevent recess appointments and pocket vetoes, to consider motions of censure or impeachment, to keep Congress assembled on a standby basis, or to approve nominations (Senate only). In recent years, most lame duck sessions have focused on program authorizations, trade-related measures, appropriations, and the budget.
From 1940 to 2016, there were 21...
Legislative Branch: FY2019 Appropriations
The legislative branch appropriations bill provides funding for the Senate; House of Representatives; Joint Items; Capitol Police; Office of Compliance; Congressional Budget Office (CBO); Architect of the Capitol (AOC); Library of Congress (LOC), including the Congressional Research Service (CRS); Government Publishing Office (GPO); Government Accountability Office (GAO); Open World Leadership Center; and the John C. Stennis Center.
The FY2019 legislative branch budget request of $4.960 billion was submitted on February 12, 2018. The budget request levels were developed prior to the...
The Trump Administration Directives on Western Water
On October 19, 2018, the Trump Administration released a Presidential Memorandum directing federal agencies to address regulations that burden federal water projects in California and complete biological opinions under the Endangered Species Act (ESA; 16 U.S.C. §§1531 et seq.) for specific federal water projects in the western United States. Affected projects include the California Central Valley Project (CVP), the Klamath Irrigation Project in Oregon, and the Columbia River Basin water system in the Pacific Northwest. The White House memorandum does not carry the force of law nor is it a...
House Committee Funding: Description of Process and Analysis of Disbursements
Funding for House committees (except for the Committee on Appropriations) follows a two-step process of authorization and appropriation. Operating budgets for all standing and select committees of the House (except for the Committee on Appropriations) are authorized pursuant to a simple resolution, and funding is provided in the Legislative Branch Appropriations bill and other appropriations acts. Subsequent resolutions may change committee authorizations.
On March 17, 2017, the House adopted H.Res. 173, providing for the expenses of certain committees of the House of Representatives in...
Senate Committee Funding: Description of Process and Analysis of Disbursements
Funding for Senate committees (except for the Committee on Appropriations and the Select Committee on Ethics) follows a two-step process of authorization and appropriation. Operating budgets for all standing and select committees of the Senate (except for the Committee on Appropriations and the Select Committee on Ethics) are authorized pursuant to a simple resolution, and funding is typically provided in the annual Legislative Branch Appropriations Act and other appropriations bills.
On February 28, 2017, the Senate agreed by unanimous consent to S.Res. 62, which authorized a total of...
Poverty in the United States in 2017: In Brief
In 2017, approximately 39.7 million people, or 12.3% of the population, had incomes below the official definition of poverty in the United States. Poverty statistics provide a measure of economic hardship. The official definition of poverty for the United States uses dollar amounts called poverty thresholds that vary by family size and the members’ ages. Families with incomes below their respective thresholds are considered to be in poverty. The poverty rate (the percentage that was in poverty) fell from 12.7% in 2016. This was the third consecutive year since the most recent recession...
Marijuana Legalization in Canada: Implications for U.S. Policy and International Drug Control
On October 17, 2018, Canada became the second country—after Uruguay in 2013—to legalize and regulate the production, distribution, and possession of marijuana for recreational purposes. The measure comes at a time when other countries are questioning their drug policies and U.S. states are forging policy paths that diverge from federal law. These developments have spurred questions from Congress regarding their potential implications for U.S. domestic and international drug policy.
Canada’s Cannabis Act
Canada’s Cannabis Act allows individuals 18 years of age or older to purchase...
Impact Aid, Title VII of the Elementary and Secondary Education Act: A Primer
The Impact Aid program, administered by the U.S. Department of Education (ED) and authorized by Title VII of the Elementary and Secondary Education Act (ESEA), was originally established in 1950 by P.L. 81-815 and P.L. 81-874, 15 years prior to the enactment of the ESEA. Impact Aid compensates local educational agencies (LEAs) for a “substantial and continuing financial burden” resulting from federal activities. These activities include federal ownership of certain lands, as well as the enrollments in LEAs of children whose parents work or live on federal property and children living on...
Robbery, Extortion, and Bribery in One Place: A Legal Overview of the Hobbs Act
The Hobbs Act proscribes obstructing commerce by means of robbery or extortion or attempting or conspiring to do so. The Act applies to individuals and legal entities alike. It permits prosecutions, although the impact on commerce may be minimal. It condemns the robbery—knowingly taking the property of another by force or threat—of drug dealers, mom-and-pop markets, and multinational corporations.
Attempted Hobbs Act robbery consists of an intent to rob, coupled with a substantial step toward that objective; conspiracy, a scheme of two or more to rob or extort; and accomplice liability,...
The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law
The Constitution permits Congress to authorize the use of the militia “to execute the Laws of the Union, suppress Insurrections and repel Invasions.” And it guarantees the states protection against invasion or usurpation of their “republican form of government,” and, upon the request of the state legislature, against “domestic violence.” These constitutional provisions are reflected in the Insurrection Acts, which have been invoked numerous times both before and after passage of the Posse Comitatus Act, 18 U.S.C. Section 1385, in 1878. Congress has also enacted a number of statutes that...
The Posse Comitatus Act and Related Matters: A Sketch
The Posse Comitatus Act states that “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.” 18 U.S.C. § 1385. It reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however, has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in...
Party Leaders in the House: Election, Duties, and Responsibilities
Each major party in the House has a leadership hierarchy. This report summarizes the election, duties, and responsibilities of the Speaker of the House, the majority and minority leaders, and the whips and whip system. For a listing of all past occupants of congressional party leadership positions, see CRS Report RL30567, Party Leaders in the United States Congress, 1789-2017, by Valerie Heitshusen.
21st Century U.S. Energy Sources: A Primer
Since the start of the 21st century, the U.S. energy system has seen tremendous changes. Technological advances in energy production have driven changes in energy consumption, and the United States has moved from being a growing net importer of most forms of energy to a declining importer—and possibly a net exporter in the near future. The United States remains the second largest producer and consumer of energy in the world, behind China.
The U.S. oil and natural gas industry has gone through a “renaissance” of production. Technological improvements in hydraulic fracturing and horizontal...
Guide to Individuals Seated on the House Dais
The House of Representatives meets in the House chamber of the Capitol. In the front of the chamber is a three-tiered, elevated dais. Seated or standing at a sizable lectern (the height of which is adjustable) on the top level of the dais is the presiding officer. Members of the House sit in bench-style unassigned seats arranged in a semicircle facing the presiding officer. Facing the dais, Republicans traditionally sit to the right of the center aisle, Democrats to the left.
Guide to Individuals Seated on the Senate Dais
The Senate meets in the Senate chamber of the Capitol. Seated at the head of the chamber on the top of a two-tiered dais is the presiding officer. Members are assigned to the 100 desks that are arranged in a semicircle facing the presiding officer. The center aisle in the Senate chamber divides the political parties. Facing the presiding officer, Republicans sit to the right of the center aisle, Democrats to the left. Senior Members usually sit the closest to the dais and along the center aisle, although some choose other desks. The party floor leaders occupy the front aisle desks, which...
Hurricane Michael: Brief Overview of FEMA Programs and Resources
Introduction
This Insight provides a brief overview of emergency and major disaster declarations relevant to Hurricane Michael, and selected federal resources and links to CRS products related to Stafford Act declarations, disaster response, and recovery.
Hurricane Michael made landfall on the panhandle of Florida as a category 4 on October 10, 2018 and affected parts of Georgia. In anticipation of the landfall, President Trump issued an emergency declaration to Florida on October 7, 2018. On October 11, 2018, the President issued an emergency declaration to Georgia, and issued a major...
National and International Educational Assessments: Overview, Results, and Issues
U.S. students participate in many assessments to track their educational achievement. Perhaps the most widely discussed of these are statewide assessments required by the Elementary and Secondary Education Act (ESEA), which was most recently comprehensively amended by the Every Student Succeeds Act (ESSA; P.L. 114-95). However, U.S. students also participate in large-scale national assessments, authorized by the National Assessment of Educational Progress Assessment Act (NAEPAA; Title III, Section 303 of P.L. 107-279), and international assessments, authorized by the Education Sciences...
EPA’s Affordable Clean Energy Proposal
In August 2018, the U.S. Environmental Protection Agency (EPA) proposed three actions in the “Affordable Clean Energy Rule” (ACE). First, EPA proposed to replace the Obama Administration’s 2015 Clean Power Plan (CPP) with revised emission guidelines for existing fossil fuel steam electric generating units (EGUs), which are largely coal-fired units. Second, EPA proposed revised regulations to implement emission guidelines under Clean Air Act (CAA) Section 111(d). Third, EPA proposed to modify an applicability determination for New Source Review (NSR), a CAA preconstruction permitting...
Federal authorities have three options when a juvenile violates federal criminal law. First, they can refer the juvenile to state authorities. Second, they can initiate federal delinquency proceedings. Third, they can petition the federal court to transfer the juvenile for trial as an adult. The Federal Juvenile Delinquency Act general favors referring juveniles to state authorities, but it permits federal delinquency proceedings where state courts cannot or will not accept jurisdiction. Because a majority of the federal juvenile delinquency cases have historically arisen in areas...
On June 6, 2018, the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018, or the VA MISSION Act of 2018 (S. 2372; P.L. 115-182; H.Rept. 115-671), was signed into law. The Department of Veterans Affairs Expiring Authorities Act of 2018 (S. 3479; P.L. 115-251), enacted on September 29, 2018, made some changes and technical amendments to the VA MISSION Act. This act, as amended, broadly addresses four major areas.
First, it establishes a new permanent Veterans Community Care Program (VCCP),...
Military Lending Act: Rules, Enforcement, and Servicemember Financial Stability
The Military Lending Act (MLA, 10 U.S.C. §987) regulates commercial lending practices and products offered to military servicemembers and their dependents. The Department of Defense (DOD) implements the provisions of this act and the Consumer Financial Protection Bureau (CFPB) oversees and enforces consumer protection laws and regulations. Some have argued that Military Lending Act rules place undue regulatory burdens on businesses that provide credit products. Others have argued that these rules provide important servicemember protections from abusive financial practices and, in turn,...
What Is the Effect of Enacting a Congressional Review Act Resolution of Disapproval?
The Congressional Review Act (CRA) provides Congress with a set of special parliamentary procedures to consider legislation to overturn federal regulations. Thus far, the 115th Congress has disapproved a total of 16 regulations that had been issued by the Obama Administration, leading to questions about the effects of enactment of a CRA disapproval resolution.
Enactment of a CRA joint resolution of disapproval has two primary effects—one immediate and one more long-term. The immediate effect is that a rule subject to a disapproval resolution may not go into effect, or, if the rule has...
The Public Service Loan Forgiveness Program: Selected Issues
The Public Service Loan Forgiveness (PSLF) program provides Direct Loan borrowers who, on or after October 1, 2007, are employed full-time in certain public service jobs for 10 years while making 120 separate qualifying monthly payments on their Direct Loans with the opportunity to have any remaining balance of principal and interest on their loans forgiven. The program was enacted under the College Cost Reduction and Access Act of 2007 (P.L. 110-84) to encourage individuals to enter into and remain employed in public service and to alleviate the potential financial burdens associated with...
Natural Gas Liquids: The Unknown Hydrocarbons
The U.S. oil and natural gas industries have gone through a “renaissance” of production. Technological improvements in hydraulic fracturing and horizontal drilling have unlocked enormous oil and natural gas resources from tight formations, such as shale. In conjunction with the rise in oil and natural gas production, U.S. production of natural gas liquids has also increased.
Natural gas liquids (NGLs) are a group of hydrocarbons that includes ethane, propane, butane, isobutane, and natural gasoline. NGLs are differentiated from one another by the number of carbon atoms in their molecular...
Tax Provisions That Expired in 2017 (“Tax Extenders”)
Twenty-eight temporary tax provisions expired at the end of 2017. Collectively, temporary tax provisions that are regularly extended as a group by Congress, rather than being allowed to expire as scheduled, are often referred to as “tax extenders.”
Temporary tax provisions were most recently extended in the Bipartisan Budget Act of 2018 (BBA18; P.L. 115-123). BBA18 extended nearly all of the provisions that had expired at the end of 2016, with most provisions extended through the end of 2017. For most provisions, this extension was purely retroactive. Since the BBA18 was enacted in...
North Korea Diplomacy: October 2018 Status Report
Summary of Developments During 2018
Since North Korean leader Kim Jong-un in early 2018 dropped the belligerent posture that Pyongyang had displayed the past several years and embarked on a “charm offensive,” he has held three summits with South Korean President Moon Jae-in, three with Chinese President Xi Jinping, and one with President Donald Trump, in Singapore in June 2018. The United States and North Korea are considering a second Trump-Kim summit in the coming months.
To date, these summits and other events have produced the following results:
North Korea’s Nuclear and Missile...
U.S. Crude Oil and Natural Gas Production in Federal and Nonfederal Areas
A number of legislative proposals and executive branch initiatives designed to increase domestic energy supply, enhance energy security, or amend the requirements of environmental statutes that apply to energy development are before the 115th Congress. There are legislative proposals that include new revenue-sharing provisions for coastal states that would allow states the authority to manage federal energy leases within their state. The Trump Administration’s theme of “energy dominance” has translated into several administration initiatives and executive orders, including the opening of...
FDA Warns of Youth Epidemic of E-Cigarette Use, Faces Regulatory Challenges
Background
An electronic cigarette (e-cigarette) is a battery-operated device typically containing nicotine, flavorings, and other chemicals that create inhalable vapor. According to the 2018 National Academy of Sciences (NAS) report, Public Health Consequences of E-Cigarettes, e-cigarette vapor contains fewer toxicants than combusted cigarette smoke.
In a recent announcement, Commissioner of the Food and Drug Administration (FDA) Scott Gottlieb wrote:
The FDA now believes that youth use of e-cigarettes is reaching epidemic proportions. This belief is based on not just the results of the...
Congress Considers Possible Responses to the Killing of a Saudi Journalist
Congress is considering potential responses to the killing of prominent Saudi Arabian journalist and former diplomatic advisor Jamal Khashoggi. Some Members of Congress have requested additional information from the executive branch, raised the prospect of targeted U.S. sanctions, or introduced legislation to limit security cooperation with Saudi Arabia until the executive branch makes a determination concerning Saudi government involvement.
Khashoggi, an outspoken, self-exiled critic of Saudi Crown Prince Mohammed bin Salman bin Abd al Aziz Al Saud, was killed by Saudi government...
Australia’s Hung Parliament and Elections
Introduction
A surprise defeat in an October 20 parliamentary by-election in the Australian electorate of Wentworth left the conservative Liberal Party-led government of Prime Minister Scott Morrison without a majority in parliament. Independent politician Kerryn Phelps’ victory in the Wentworth district ended extended conservative control of the seat, which was long held by former Liberal Party Prime Minister Malcolm Turnbull. One interpretation of the swing in voter sentiment away from the Liberal candidate is that voters sought to punish the party for ousting Turnbull as Prime Minister...
The Geospatial Data Act of 2018
In the 114th and 115th Congresses, several bills entitled the Geospatial Data Act were introduced in the Senate and House of Representatives. Congress did not act on legislation introduced in the 114th Congress; however, in September 2018, a version of the bill, the Geospatial Data Act of 2018 (GDA), was included in H.R. 302, the FAA Reauthorization Act of 2018, as Subtitle F of Title VII. Congress passed H.R. 302 on October 3, 2018, and President Trump signed it into law on October 5 as P.L. 115-254.
The federal government has recognized the need to organize and coordinate the collection...
Insurance Regulation: Legislation in the 115th Congress
Insurance companies constitute a major segment of the U.S. financial services industry. The insurance industry is often separated into two parts: (1) life and health insurance companies, which also often offer annuity products, and (2) property and casualty insurance companies, which include most other lines of insurance, such as homeowners insurance, automobile insurance, and various commercial lines of insurance purchased by businesses. Different lines of insurance present different characteristics and risks. Life insurance typically is a longer-term proposition with contracts stretching...
Homelessness: Targeted Federal Programs
The federal government administers a number of programs, through multiple federal agencies, that are targeted to assisting people who are experiencing homelessness by providing housing, services, and supports. Some programs target specific populations, such as veterans and youth, while others serve all people who are homeless. Available assistance may also depend on how programs define “homelessness.”
There is no single federal definition of homelessness. A number of programs, including those overseen by the Departments of Housing and Urban Development (HUD), Veterans Affairs (VA),...
Global Trends in Democracy: Background, U.S. Policy, and Issues for Congress
Widespread concerns exist among analysts and policymakers over the current trajectory of democracy around the world. Congress has often played an important role in supporting and institutionalizing U.S. democracy promotion, and current developments may have implications for U.S. policy, which for decades has broadly reflected the view that the spread of democracy around the world is favorable to U.S. interests.
The aggregate level of democracy around the world has not advanced for more than a decade. Analysis of data trend-lines from two major global democracy indexes indicates that, as of...
U.S.-Japan Announce New Limited Trade Negotiations
On September 26, 2018, President Trump and Japanese Prime Minister Abe announced plans to enter into formal bilateral negotiations for a “United-States Japan Trade Agreement on goods, as well as on other key areas including services, that can produce early achievements.” The announcement appeared to end a nearly two-year stalemate, in which Japan was resisting U.S. pressure to enter into bilateral trade talks, and at least temporarily suspended the threat of new U.S. tariffs against Japanese motor vehicles and auto parts.
While the joint statement offers few details on overall negotiating...
FY2019 National Defense Authorization Act: Selected Military Personnel Issues
Each year, the National Defense Authorization Act (NDAA) provides authorization of appropriations for a range of Department of Defense (DOD) and national security programs and related activities. New or clarified defense policies, organizational reform, and directed reports to Congress are often included. For FY2019, the John S. McCain NDAA (H.R. 5515) contains several high-profile military personnel issues. Some are required annual authorizations, such as end-strengths; some are updates or modifications to existing programs; and some changes in response to problems identified in certain...
Momentum Toward Peace Talks in Afghanistan?
Developments in Afghanistan since February 2018, including a potential change in the U.S. stance toward direct talks with the Taliban, have increased the prospects for a negotiated end to the conflict there. In August 2017, President Trump said, “Someday, after an effective military effort, perhaps it will be possible to have a political settlement that includes elements of the Taliban in Afghanistan, but nobody knows if or when that will ever happen.” In the following months, American military operations intensified, with the number of U.S. troops in the country rising to about 15,000.
A...
Family Planning Program Under Title X of the Public Health Service Act
The federal government provides grants for family planning services through the Family Planning Program, Title X of the Public Health Service Act (PHSA; 42 U.S.C. §§300 to 300a-6). Title X, enacted in 1970, is the only domestic federal program devoted solely to family planning and related preventive health services. In 2017, Title X-funded clinics served 4 million clients.
Title X is administered through the Office of Population Affairs (OPA) in the Department of Health and Human Services (HHS). Although the authorization of appropriations for Title X ended in FY1985, funding for the...
VA Housing: Guaranteed Loans, Direct Loans, and Specially Adapted Housing Grants
The Department of Veterans Affairs (VA) has assisted veterans with homeownership since 1944, when Congress enacted the loan guaranty program to help veterans returning from World War II purchase homes. The loan guaranty program assists veterans by insuring mortgages made by private lenders, and is available for the purchase or construction of homes as well as to refinance existing loans.
The loan guaranty has expanded over the years so that it is available to (1) all veterans who fulfill specific duration of service requirements or who were released from active duty due to...
Expiration of the 2014 Farm Bill
The farm bill is an omnibus, multi-year law that governs an array of agricultural and food programs. It provides an opportunity for policymakers to periodically address a broad range of agricultural and food issues. The farm bill is typically reauthorized about every five years.
Recent farm bills have been subject to various developments, such as insufficient votes to pass the House floor, presidential vetoes, or—as in the case of 2008 and 2014 farm bills—short-term extensions.
The current farm bill (the Agricultural Act of 2014, P.L. 113-79) has many provisions that expire in 2018. The...
Postelection Issues in Bosnia and Herzegovina
During the wars of Yugoslav succession, many Members of Congress were active in the debate over U.S. policies toward Bosnia and Herzegovina (hereinafter, Bosnia). The United States played a key role in brokering the 1995 Dayton Peace Accords, which ended the war in Bosnia.
On October 7, 2018, Bosnia held its eighth general election since Dayton. At the central, statewide level, voters cast their ballots for the three-member presidency and the lower house of parliament. In Bosnia’s two semiautonomous units (the entities), elections were held for subnational legislatures and leaders....
Social Media Adoption by Members of Congress: Trends and Congressional Considerations
Communication between Members of Congress and their constituents has changed with the development of online social networking services. Many Members now use email, official websites, blogs, YouTube channels, Twitter, Facebook, and other social media platforms to communicate—technologies that were nonexistent or not widely available just a few decades ago.
Social networking services have arguably enhanced the ability of Members of Congress to fulfill their representational duties by providing them with greater opportunities to share information and potentially to gauge constituent...
Columbus Day is a federal holiday commemorating Christopher Columbus’s historic voyage landing in the Americas on October 12, 1492. It has also become a time to honor Italian American heritage.
This guide is designed to assist congressional offices with work related to Columbus Day celebrations. It contains biographical information on Christopher Columbus and background on the holiday. It provides links to sample speeches marking the observance of Columbus Day from the Congressional Record and to official proclamations issued by the White House. It also contains links to selected...
Banking: Current Expected Credit Loss (CECL)
Some observers asserted that leading up to the financial crisis of 2007-2009 banks did not have sufficient credit loss reserves or capital to absorb the resulting losses and as a consequence supported additional government intervention to stabilize the financial system. In its legislative oversight capacity, Congress has devoted attention to strengthening the financial system in an effort to prevent another financial crisis and avoid putting taxpayers at risk. However, some Members of Congress have expressed concern that financial reforms have been unduly burdensome, reducing the...
Energy and Water Development: FY2019 Appropriations
The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps); the Department of the Interior’s Bureau of Reclamation (Reclamation) and Central Utah Project (CUP); the Department of Energy (DOE); the Nuclear Regulatory Commission (NRC); and several other independent agencies. DOE typically accounts for about 80% of the bill’s total funding.
President Trump submitted his FY2019 budget proposal to Congress on February 12, 2018. The President’s budget requests for agencies included in the Energy and Water Development...
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) created a permanent risk adjustment program that aims to reduce incentives that insurers may have to avoid enrolling individuals at risk of high health care costs in the private health insurance market. Section 1343 of the ACA established the program, which is designed to assess charges to health plans that have relatively healthier enrollees compared with other health plans in a given state. The program uses collected charges to make payments to other plans in the same state that have relatively sicker...
Agency Delay: Congressional and Judicial Means to Expedite Agency Rulemaking
Agencies are sometimes criticized for taking too long to promulgate regulations and issue decisions. Some amount of time, of course, is necessary for reasoned decisionmaking. However, unjustified delays have significant costs for regulated entities and the public at large. At the extreme, agency delays can undermine public trust in agencies and frustrate the implementation of the regulatory regime created by Congress.
Congress has a number of means at its disposal to reduce the likelihood of agency delays in rulemaking. Even if Congress does not impose any specific timing requirements for...
Ebola: Democratic Republic of Congo
On August 1, 2018, the World Health Organization (WHO) reported that a new Ebola outbreak was detected in the eastern part of the Democratic Republic of Congo (DRC), about one week after having declared that a separate outbreak had ended in the western part of the country. This new outbreak is occurring in North Kivu and Ituri provinces, the most populated provinces in DRC, where a humanitarian crisis affecting over 1 million displaced people is ongoing. Health workers have begun vaccinating people in the districts to control the spread of the disease, though armed conflict in the areas is...
Iraq: Issues in the 115th Congress
Iraq’s government declared military victory against the Islamic State organization (IS, aka ISIS/ISIL) in December 2017, but insurgent attacks by remaining IS fighters threaten Iraqis as they shift their attention toward recovery and the country’s political future. Security conditions have improved since the Islamic State’s control of territory was disrupted, but IS fighters are active in some areas and security conditions are fluid.
Meanwhile, daunting resettlement, reconstruction, and reform needs occupy citizens and leaders. Internally displaced Iraqis are returning home in greater...
Federal Research and Development (R&D) Funding: FY2019
President Trump’s budget request for FY2019 includes approximately $131.0 billion for research and development (R&D), of which $118.056 billion is included in the President’s budget and an estimated additional $12.9 billion in nondefense discretionary R&D is requested as part of an addendum to the President’s budget. The additional funding requested in the addendum followed enactment of the Bipartisan Budget Act of 2018 (P.L. 115-123), which raised defense and nondefense discretionary spending caps for FY2018 and FY2019. In April 2018, the Administration issued amendments to the...
Labor Market Patterns Since 2007
The period since 2007 has been a time of significant change for labor markets. The Great Recession of 2007-2009, the longest and deepest recession since the Great Depression, caused the unemployment rate to briefly reach 10%, and labor markets have subsequently experienced a long and gradual recovery. Most labor force metrics, including the unemployment rate and various other measures of labor force underutilization, have returned to levels that have historically been consistent with full employment.
Labor Force Participation
One exception is the labor force participation rate (the ratio...
The Trump Administration’s “Free and Open Indo-Pacific”: Issues for Congress
The Trump Administration has outlined a goal of promoting a Free and Open Indo-Pacific (FOIP), seeking to articulate U.S. strategy towards an expanded Indo-Asia-Pacific region at a time when China’s presence across the region is growing. The FOIP initiative is identified through a number of statements by the President and senior Administration officials. Insight into the initiative’s context and perspective is also offered by the Administration’s National Security Strategy and the National Defense Strategy. The FOIP concept represents a significant change in U.S. strategic thinking towards...
Drinking Water State Revolving Fund (DWSRF): Overview, Issues, and Legislation
The state of the nation’s water infrastructure and the challenges many communities face in addressing infrastructure needs continue to receive congressional attention. In 1996, Congress authorized the Drinking Water State Revolving Fund (DWSRF) program under the Safe Drinking Water Act (SDWA) to help public water systems finance infrastructure projects needed to comply with federal drinking water regulations and to meet the act’s health protection objectives. Under this program, states receive annual capitalization grants from the U.S. Environmental Protection Agency (EPA) to provide...
Omnibus Water Authorization Legislation in the 115th Congress. The 115th Congress initiated deliberations on an omnibus water authorization bill with H.R. 8, the Water Resources Development Act of 2018 (WRDA 2018), and S. 2800, America’s Water Infrastructure Act of 2018 (AWIA 2018). The House passed H.R. 8 on June 11, 2018. On July 9, 2018, the Senate Committee on Environment and Public Works (Senate EPW) posted on its website an amendment in the nature of a substitute to H.R. 8, also titled America’s Water Infrastructure Act of 2018.
The Senate did not take up S. 2800 or the Senate...
Status of FY2019 LHHS Appropriations
On Friday, September 28, the President signed into law H.R. 6157 (P.L. 115-245), which contains full-year FY2019 appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) in Division B. This is the first occasion since the FY1997 appropriations cycle that full-year LHHS appropriations have been enacted on or before the start of the fiscal year (October 1). In addition to providing full-year appropriations for LHHS, P.L. 115-245 also provides full-year appropriations for the Department of Defense (Division A) and continuing...
Army Corps of Engineers Annual and Supplemental Appropriations: Issues for Congress
The U.S. Army Corps of Engineers (USACE) is an agency within the Department of Defense with both military and civil works responsibilities. The agency’s civil works activities consist largely of the planning, construction, and operation of water resource projects to maintain navigable channels, reduce flood and storm damage, and restore aquatic ecosystems. Congress directs USACE’s civil works activities through authorization legislation, annual and supplemental appropriations, and oversight. For Congress, the issue is not only the level of USACE appropriations but also how efficiently the...
The Interaction Between Medicare Premiums and Social Security COLAs
Social Security and Medicare assist in providing financial security to most elderly and disabled individuals in the United States. Certain interactions between Social Security and Medicare may have important financial implications for individuals who are enrolled in both programs.
Social Security provides monthly cash benefits to retired or disabled workers and their family members. The Social Security benefits that are paid to retired workers are based on workers’ past earnings. Medicare is a federal insurance program that pays for covered health care services for most individuals aged...
Errors and Fraud in the Supplemental Nutrition Assistance Program (SNAP)
The Supplemental Nutrition Assistance Program (SNAP) is the nation’s largest domestic food assistance program, serving over 42.1 million recipients in an average month at a federal cost of over $68 billion in FY2017. SNAP is jointly administered by state agencies, which handle most recipient functions, and the federal government—specifically, the U.S. Department of Agriculture’s Food and Nutrition Service (USDA-FNS)—which supports and oversees the states and handles most retailer functions. In a program with diverse stakeholders, detecting, preventing, and addressing errors and fraud is...
Former Speakers of the House: Office Allowances, Franking Privileges, and Staff Assistance
Beginning in 1970 and until the passage of P.L. 115-244, former Speakers of the House of Representatives were provided with an allowance upon their departure from the House. The allowance was established to assist retiring Speakers in concluding any official business arising from their tenure in the House. The statutorily authorized allowance has been available to former Speakers for office space and furnishings, office operations, franked mail, and staff assistance. Use of the allowance was limited to five years, beginning the day of expiration of a Speaker’s tenure as a Representative,...
South Sudan’s Civil War: Nearly 400,000 Estimated Dead
South Sudan, which became the world’s newest country when it split from Sudan in 2011, has been mired in civil war since December 2013. The war has had a devastating impact, displacing some 4.5 million people and fueling near-famine conditions. With over 7.1 million people severely food insecure in 2018, it is among the world’s worst humanitarian crises, and the U.N. humanitarian appeal for $1.4 billion in assistance is among the largest. South Sudan is one of the most dangerous environments for aid workers, with over 100 killed since the war began. The death toll from the conflict,...
Cloture Attempts on Nominations: Data and Historical Development Through November 20, 2013
The motion for cloture is available in the Senate to limit debate on nominations, as on other matters. Table 6 lists all nominations against which cloture was moved from 1949, when the Senate changed the cloture rule to allow it to be moved on nominations, until November 21, 2013, when the Senate reinterpreted the rule to lower the threshold for invoking cloture on most nominations from three-fifths of the Senate to a majority of Senators voting. The reinterpretation of the rule significantly altered the use of cloture in the Senate, such that conclusions drawn from the data in this report...
In July 2018, the International Monetary Fund (IMF) released its latest report on global trade imbalances that identifies countries with “excessive” current account balances and exchange rates that are “misaligned.” The current account is a broad measure of a country’s global economic engagement and is comprised of trade in goods, services, and official flows. The report indicates that 40% to 50% of countries had imbalances that were “excessive,” and that imbalances of about 3.25% of world GDP—both surpluses and deficits—remained constant in 2017, as indicated in Figure 1. In other words,...
Canada’s Dairy Supply Management System
On August 31, 2018, President Donald Trump notified Congress that he intended to sign a new trade agreement with Mexico in 90 days, and with Canada “if it is willing.” Since then, United States and Canada have been negotiating to bring Canada into the agreement. Both sides have signaled that dairy, and, in particular, Canada’s Class 7 milk category, remains one of the toughest obstacles to overcome. As both sides continue negotiations, this product provides a brief overview of how the Canadian government manages its dairy industry supply chains—as well as of the controversy surrounding the...
Selected Legal Tools for Maintaining Government Contractor Accountability
Federal procurement statutes and the Federal Acquisition Regulation (FAR) establish largely uniform policies and procedures applicable to government contracts “to deliver on a timely basis the best value product or service to the [government], while maintaining the public’s trust and fulfilling public policy objectives.” To meet these ends, federal agencies have a number of legal tools at their disposal to help ensure a contractor adequately performs a contract or, if warranted, to hold a contractor accountable for performance failures or misconduct:
Corrective Actions. In many instances,...
Federal Reserve: Legislation in the 115th Congress
The Federal Reserve (Fed) is the subject of legislation being considered in the 115th Congress. This report analyzes Fed bills that have seen committee or floor action and the policy debate surrounding them. The bills contain wide-ranging changes that can be grouped into five broad categories:
Fed governance. Some proposals, such as H.R. 4753, would change the Fed’s institutional structure. H.R. 10, H.R. 4759, and H.R. 6741 would increase the voting weight of regional Fed presidents on the Federal Open Market Committee (FOMC) at the expense of the Fed’s Board of Governors and the New York...
The Islamic State and U.S. Policy
The Islamic State (IS, aka the Islamic State of Iraq and the Levant, ISIL/ISIS, or the Arabic acronym Da’esh) is a transnational Sunni Islamist insurgent and terrorist group that controlled large areas of Iraq and Syria from 2014 through 2017. The group attracted a network of global supporters and its leader, Abu Bakr al Baghdadi, received pledges of affiliation from groups in several other countries. A series of terrorist attacks attributed to the group or to individuals it has inspired have claimed hundreds of lives on four continents since November 2015, including in the United States....
The Work Opportunity Tax Credit
The Work Opportunity Tax Credit (WOTC) is a provision of the Internal Revenue Code that allows employers that hire individuals with certain personal characteristics to claim a tax credit equal to a portion of the wages paid to those individuals. WOTC-eligible populations include recipients of certain public benefits (such as the Supplemental Nutrition Assistance Program or Temporary Assistance to Needy Families), qualified veterans, ex-felons, and other specified populations. In 2015, the WOTC was extended through 2019 as part of the Protecting Americans from Tax Hikes Act of 2015...
Department of Transportation (DOT) Appropriations: FY2019
The Trump Administration proposed a $76.2 billion budget for the Department of Transportation (DOT) for FY2019: $16 billion in discretionary funding and $60 billion in mandatory funding. That is approximately $11 billion less than was provided for FY2018. The budget request reflected the Administration’s call for significant cuts in funding for transit and rail programs.
The DOT appropriations bill funds federal programs covering aviation, highways and highway safety, public transit, intercity rail, maritime safety, pipelines, and related activities. Federal highway, transit, and rail...
The September 2018 Inter-Korean Summit
From September 18 to 20, South Korean President Moon Jae-in visited North Korea and held approximately five hours of meetings with North Korean leader Kim Jong-un. During the summit, their third since April 2018, the two leaders issued a Pyongyang Joint Declaration pledging denuclearization of the Korean Peninsula, improvements in inter-Korean relations, and confidence-building measures to ease military tension. Kim promised to visit Seoul “at an early date.”
The Moon-Kim summit has created potential opportunities and obstacles for the United States. The summit appears to have injected...
Systemically Important or “Too Big to Fail” Financial Institutions
Although “too big to fail” (TBTF) has been a long-standing policy issue, it was highlighted by the financial crisis, when the government intervened to prevent the near-collapse of several large financial firms in 2008. Financial firms are said to be TBTF when policymakers judge that their failure would cause unacceptable disruptions to the overall financial system. They can be TBTF because of their size or interconnectedness. In addition to fairness issues, economic theory suggests that expectations that a firm will not be allowed to fail create moral hazard—if the creditors and...
The Supreme Court’s Overruling of Constitutional Precedent
By exercising its power to determine the constitutionality of federal and state government actions, the Supreme Court has developed a large body of judicial decisions, or “precedents,” interpreting the Constitution. How the Court uses precedent to decide controversial issues has prompted debate over whether the Court should follow rules identified in prior decisions or overrule them. The Court’s treatment of precedent implicates longstanding questions about how the Court can maintain stability in the law by adhering to precedent under the doctrine of stare decisis while correcting...
Exchange-Traded Funds (ETFs): Issues for Congress
Exchange-traded funds (ETFs) are common ways for Americans to invest. An ETF is an investment vehicle that, similar to a mutual fund, offers public investors shares of a pool of assets; unlike a mutual fund, however, an ETF can be traded on exchanges like a stock. The catchall category of exchange-traded products (ETPs) includes all portfolio products that trade on exchanges.
U.S. ETF domestic listings stand at more than $3.4 trillion, making ETFs among the most important investment methods and critical components of the financial system. The first U.S. ETF was introduced in 1993 to track...
Electronic Filing of Senate Campaign Finance Reports
A FY2019 appropriations measure significantly changes campaign finance reporting requirements for Senate candidates. Report contents will not change, but the method of filing will. The provision appears in H.R. 5895, a minibus package that includes three FY2019 appropriations bills: Energy and Water Development, the Legislative Branch, and Military Construction and Veterans Affairs. The Senate and House adopted the conference report accompanying the bill on September 12 and 13, respectively. The President signed the measure on September 21, 2018. In the 115th Congress, the electronic...
Consumer Protections in Private Health Insurance for Individuals with Preexisting Health Conditions
Individuals with preexisting health conditions may have concerns about practices in the private health insurance market in which insurers use medical underwriting to assess their risk of offering health insurance to applicants. Before full implementation of the Affordable Care Act’s (ACA’s; P.L. 111-148, as amended) insurance reforms, subject to certain exceptions, insurers generally were permitted to consider health factors in determining the offer of insurance, its price, and covered health services. Although references to individuals with preexisting conditions commonly focus on the...
Improving emergency communications has been an area of congressional interest for many years. Before September 11, 2001, Congress provided funding through grants, which could be used to improve state and local emergency communications through purchases of police and fire radios, construction of communication towers, and disaster planning, training, and exercises. After September 11, 2001, Congress increased funding to improve interoperability between public safety agencies at all levels of government to enhance communication and coordination during response.
Congress has also supported...
Research Evidence on the Impact of Work Requirements in Need-Tested Programs
Congress is debating work requirements for recipients in programs providing need-tested assistance to low-income families and individuals. Legislation before the 115th Congress—the House-passed version of H.R. 2—would expand work requirements in the Supplemental Nutrition Assistance Program (SNAP). H.R. 5861, reported to the House from the Ways and Means Committee, would alter some of the Temporary Assistance for Needy Families (TANF) program’s rules regarding work. In addition, the Trump Administration is currently granting demonstration waivers for states to implement work requirements...
Immigration: Frequently Asked Questions about “Public Charge”
Immigration law in the United States has long contained exclusion and removal provisions designed to limit government spending on indigent non-U.S. nationals (aliens). Under the Immigration and Nationality Act (INA), an alien may be denied admission into the United States or adjustment to lawful permanent resident (LPR) status if he or she is “likely at any time to become a public charge.” An admitted alien may also be subject to removal from the United States based on a separate public charge ground of deportability, but this ground is rarely employed. Certain categories of aliens, such...
The Veterans Choice Program (VCP): Program Implementation
Authorized under Section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (VACAA), the Veterans Choice Program (VCP) is a temporary program that enables eligible veterans to receive medical care in the community. Since the program was first established by VACAA, it has been amended and funded several times. More recently, P.L. 115-26 eliminated the August 7, 2017, expiration date for the VCP and allowed the program to continue until the initial $10 billion deposited in the Veterans Choice Fund (VCF) was expended. P.L. 115-46 authorized and appropriated an additional $2.1...
Supreme Court October Term 2017: A Review of Selected Major Rulings
On October 2, 2017, the Supreme Court began one of the most notable terms in recent memory. The latest term of the Court was the first full term for Justice Neil Gorsuch, who succeeded Justice Antonin Scalia following his death in February 2016. The October Term 2017 was also the last term for Justice Anthony Kennedy, who retired in July 2018. With nine Justices on the Court for the first time at the beginning of a term since October 2015, this past term witnessed the High Court issuing fewer unanimous opinions and more rulings that were closely divided relative to previous terms.
The...
NAFTA and the Preliminary U.S.-Mexico Agreement
Overview
On August 31, 2018, President Trump notified Congress of his intention to “enter into a trade agreement with Mexico – and with Canada if it is willing.” This notification and an announcement on August 27, 2018, that the United States and Mexico had reached a preliminary agreement in principle—subject to finalization and implementation—served as the culmination of a year of talks among the NAFTA partners. Talks with Canada have not concluded, and it is unclear whether Congress would support an agreement that does not include Canada. The United States and Mexico stated that they...
Sources for Frequently Requested Immigration Statistics
Multiple federal agencies play a role in administering immigration policies and enforcing immigration laws. These agencies make available various statistics related to their immigration work. This report provides guidance in identifying frequently requested immigration data from federal government sources, most of which are publicly available. This report is not a comprehensive listing of all federal immigration statistics.
The statistical sources included in this report are organized into five major categories: (1) the foreign-born population in the United States, (2) lawful admissions,...
Allocation of Funds Under Title I-A of the Elementary and Secondary Education Act
The Elementary and Secondary Education Act (ESEA) was comprehensively reauthorized by the Every Student Succeeds Act (ESSA; P.L. 114-95) on December 10, 2015. The Title I-A program is the largest grant program authorized under the ESEA and is funded at $15.8 billion for FY2018. It is designed to provide supplementary educational and related services to low-achieving and other students attending pre-kindergarten through grade 12 schools with relatively high concentrations of students from low-income families. Under current law, the U.S. Department of Education (ED) determines Title I-A...
Reports of alien minors being separated from their parents at the U.S. border have raised questions about the Department of Homeland Security’s (DHS’s) authority to detain alien families together pending the aliens’ removal proceedings, which may include consideration of claims for asylum and other forms of relief from removal.
The Immigration and Nationality Act (INA) authorizes—and in some case requires—DHS to detain aliens pending removal proceedings. However, neither the INA nor other federal laws specifically address when or whether alien family members must be detained together....
Public Health and Emergency Management: CRS Experts
The following table provides names and contact information for CRS experts on policy concerns relating to public health and emergency management. Policy areas identified include public health and medical system preparedness and response; mental and behavioral health; food safety and food defense; health care financing in disaster response; Stafford Act assistance and the role of the Federal Emergency Management Agency (FEMA); Department of Defense (DOD) incident response and civil support; global health and international preparedness; selected legal issues in preparedness and response;...
Senate Confirmation Votes on U.S. Supreme Court Nominations: Overview
After the Senate Judiciary Committee reports a Supreme Court nomination, it is placed on the Senate Executive Calendar (to be considered in executive session). Senate consideration of a Supreme Court nomination includes floor debate on the nomination, as well as a final vote by the Senate on whether to approve it. When floor debate on a nomination ends, the presiding officer puts the question of confirmation to a vote. A roll call vote to confirm requires a simple majority of Senators present and voting, a quorum being present. Since 1967, beginning with the confirmation of Thurgood...
Hurricane Florence: Brief Overview of FEMA Programs and Resources
Introduction
This Insight provides a brief overview of emergency and major disaster declarations relevant to Hurricane Florence, and selected federal resources and links to CRS products related to emergency and disaster declarations, disaster response, and recovery.
Hurricane Florence made landfall at Wrightsville Beach, NC, as a category 1 hurricane on September 14, 2018. In anticipation of the landfall, President Trump has issued emergency declarations to Virginia, North Carolina, and South Carolina.
Authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act...
Labor, Health and Human Services, and Education: FY2018 Appropriations
This report offers an overview of actions taken by Congress and the President to provide FY2018 appropriations for accounts funded by the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) appropriations bill. This bill includes all accounts funded through the annual appropriations process at the Departments of Labor (DOL) and Education (ED). It also provides annual appropriations for most agencies within the Department of Health and Human Services (HHS), with certain exceptions (e.g., the Food and Drug Administration is funded via the Agriculture...
Costs of Government Interventions in Response to the Financial Crisis: A Retrospective
In August 2007, asset-backed securities (ABS), particularly those backed by subprime mortgages, suddenly became illiquid and fell sharply in value as an unprecedented housing boom turned into a housing bust. Losses on the many ABS held by financial firms depleted their capital. Uncertainty about future losses on illiquid and complex assets led to firms having reduced access to private liquidity, sometimes catastrophically. In September 2008, the financial crisis reached panic proportions, with some large financial firms failing or needing government assistance to prevent their...
FY2019 Appropriations for the Department of Energy
Overview
The Department of Energy (DOE) is funded through the Energy and Water Development appropriations bill. The President’s FY2019 budget request is $30.4 billion for the DOE, approximately $4.2 billion (12%) less than the FY2018 enacted level of $34.6 billion (see P.L. 115-141 and Title III of Division D, Explanatory Statement on page H2481). Conference report H.Rept. 115-929 to accompany H.R. 5895, which includes the FY2019 Energy and Water appropriations bill in a three-bill “minibus” funding bill, was filed on September 10, 2018. According to the joint explanatory statement, the...
Natural Disasters and Hazards: CRS Experts
The following table provides the names and contact information for CRS experts on policy concerns relating to natural disasters and hazards in the United States. Policy areas identified include disaster assistance and recovery matters extending to impacts such as displaced residents and business, losses in agricultural production, disruptions in transportation (river, rail, and highway), problems with water treatment and supply; responses and recovery operations such as disaster declarations and federal assistance, public health provisions, federal flood insurance, agricultural disaster...
The following table provides access to names and contact information for CRS experts on policy concerns related to hurricane events in the United States. Policy areas identified include disaster assistance and recovery matters extending to impacts such as displaced residents and business, disruptions in the energy sector and transportation, problems with water treatment and supply; responses and recovery operations such as disaster declarations and federal assistance, public health provisions, federal flood insurance, agricultural disaster relief and assistance, tax relief, environmental...
U.N. Report Recommends Burmese Military Leaders Be Investigated and Prosecuted for Possible Genocide
The Issue
The Army’s post-Cold War development of major combat systems has been characterized by a number of high-profile program cancellations, such as Crusader, an artillery system cancelled in 2002 after having spent $2.2 billion; Comanche, a helicopter program cancelled in 2004 after having spent $7.9 billion; and the Future Combat System (FCS), cancelled in 2009 after having spent $18.1 billion. In addition to the expenditure of resources, these cancellations have impeded the development of newer, more capable systems, permitting potential adversaries to achieve battlefield parity...
Glider Kit, Engine, and Vehicle Regulations
On October 25, 2016, the U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration jointly published the second phase of greenhouse gas (GHG) emissions and fuel efficiency standards for medium- and heavy-duty vehicles and engines. The rule affects commercial long-haul tractor-trailers, vocational vehicles, and heavy-duty pickup trucks and vans. It phases in between model years 2018 and 2027.
Under the rulemaking, EPA proposed a number of changes and clarifications for standards respecting “glider kits” and “glider vehicles.” A glider kit is a...
Decision to Stop U.S. Funding of UNRWA (for Palestinian Refugees)
On August 31, 2018, the State Department announced that the United States will not make further contributions to the U.N. Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), but will seek to help “innocent Palestinians” through other models and approaches. The U.S. decision to end contributions could greatly affect UNRWA, which provides services for around 5.4 million Palestinian refugees in the West Bank, Gaza Strip, Jordan, Lebanon, and Syria. The decision also has other important humanitarian and political implications. The United States has been a major contributor...
JOBS and Investor Confidence Act (House-Amended S. 488): Capital Markets Provisions
Capital markets provide financing for businesses to fund their growth that would facilitate innovation and jobs creation, and enhance the society’s overall standard of living. They are segments of the financial system in which funding is raised through issuing and trading equity or debt securities, which are forms of financial assets representing ownership or indebtedness of a firm. They are considered the largest source of financing for U.S. nonfinancial companies, significantly larger than bank loans and other forms of financing.
The Securities and Exchange Commission (SEC) is the...
Department of Transportation Considering Changes to Trucking Hours of Service Rule
On August 23, 2018, the Federal Motor Carrier Safety Administration (FMCSA) published an Advance Notice of Proposed Rulemaking (ANPRM) seeking information and public comment about several changes in the Hours of Service limits for commercial drivers that it was considering. The comment period is scheduled to end on September 24, 2018. FMCSA is also holding public listening sessions.
In order to promote safety by reducing the incidence of fatigue among commercial drivers, in 1935 Congress authorized the Department of Transportation (DOT) to limit the number of hours a driver could drive....
Immigration: CRS Points of Contact
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Department of Transportation (DOT): FY2018 Appropriations
Congress appropriated $86.2 billion for the Department of Transportation (DOT) for FY2018. This represented a $9.1 billion (11.8%) increase over the amount provided in FY2017. The principal reason for the higher spending level was increases in funding from the general fund for highways, public transportation capital investments, and passenger rail projects. The appropriation was included in an omnibus spending bill, P.L. 115-141, Title I of Division L, the DOT Appropriations Act.
The DOT appropriations bill funds federal programs covering aviation, highways and highway safety, public...
Marketplace Lending: Fintech in Consumer and Small-Business Lending
Marketplace lending—also called peer-to-peer lending or online platform lending—is a nonbank lending industry that uses innovative financial technology (fintech) to make loans to consumers and small businesses. Although marketplace lending is small compared to traditional lending, it has grown quickly in recent years. In general, marketplace lenders accept applications for small, unsecured loans online and determine applicants’ creditworthiness using an automated algorithm. Often, the loans are then sold—individually or in pieces—directly to investors (although holding the loans on their...
Electricity generation is vital to the commerce and daily functioning of the United States. The U.S. electric power grid comprises all of the power plants generating electricity, together with the transmission and distribution lines and systems that bring power to end-use customers. The U.S. electric grid has operated historically with a high level of reliability; however, the various parts of the electric power system are all vulnerable to failure due to natural, operational, or manmade events.
The bulk power system faces new and evolving cybersecurity threats. Cyber threats can come from...
Federal Role in U.S. Campaigns and Elections: An Overview
Conventional wisdom holds that the federal government plays relatively little role in U.S. campaigns and elections. Although states retain authority for most aspects of election administration, a closer look reveals that the federal government also has steadily increased its presence in campaigns and elections in the past 50 years. Altogether, dozens of congressional committees and federal agencies could be involved in federal elections under current law.
Congress faces a complex mix of traditional oversight areas with developing ones throughout the elections field. Reports of foreign...
Positive Train Control (PTC): Overview and Policy Issues
The Rail Safety Improvement Act of 2008 (RSIA08) requires implementation of positive train control (PTC) on railroads which carry passengers or have high-volume freight traffic with toxic- or poisonous-by-inhalation hazardous materials. PTC is a communications and signaling system that has been identified by the National Transportation Safety Board (NTSB) as a technology capable of preventing incidents caused by train operator or dispatcher error. PTC is expected to reduce the number of incidents due to excessive speed, conflicting train movements, and engineer failure to obey wayside...
Securities Regulation and Initial Coin Offerings: A Legal Primer
Initial coin offerings (ICOs)—a method of raising capital in exchange for digital coins or tokens that entitle their holders to certain rights—are a hot topic among legislators, regulators, and financial market professionals. In response to a surge in the popularity of ICOs over the past 18 months, regulators in a number of countries have banned ICOs. Other foreign regulators have cautioned that unregistered ICOs may violate their securities laws, issued guidance clarifying the application of their securities laws to ICOs, or proposed new rules or legislation directed at regulating ICOs....
The Clean Air Act’s Good Neighbor Provision: Overview of Interstate Air Pollution Control
Notwithstanding air quality progress since 1970, challenges remain to reduce pollution in areas exceeding federal standards and to ensure continued compliance elsewhere. The movement of air pollutants across state lines, known as interstate transport, has made it difficult for some downwind states to attain federal ozone and fine particulate matter (PM2.5) standards, partly because states lack authority to limit emissions from other states.
The Clean Air Act’s “Good Neighbor” provision (Section 110(a)(2)(D)) seeks to address this issue and requires states to prohibit emissions that...
Senators Lying in State in the U.S. Capitol
On August 31, 2018, Senator John McCain, who died on August 25, will lie in state in the Rotunda of the U.S. Capitol. Traditionally an honor bestowed upon American statesmen and military leaders, 30 individuals (not including Senator McCain) have lain in state or honor in the Capitol Rotunda. Additionally, unknown soldiers from World War I, World War II, the Korean War, and from the Vietnam era have also lain in state.
Individuals who served as a government official (e.g., Member of Congress, President, Vice President) and as military leaders have traditionally lain in state, while private...
Agricultural Trade with Mexico and the Preliminary U.S.-Mexico Agreement in NAFTA Negotiations
On August 27, 2018, the Trump Administration announced that it had reached a preliminary agreement with Mexico in the renegotiation of the North American Free Trade Agreement (NAFTA). The announcement followed more than a year of negotiations among the United States, Canada, and Mexico on NAFTA at the request of the Trump Administration. Canada is currently in talks for a possible trilateral agreement. Mexico is the third leading export market for U.S. agricultural goods; therefore, any agreement could affect U.S. farmers, ranchers, and food manufacturers.
Overview of U.S.-Mexico...
Universal Postal Union to Convene an Extraordinary Congress
The Universal Postal Union (UPU)
Established in 1874, the Universal Postal Union (UPU) is the primary forum for multilateral cooperation and negotiation of international postal issues among nations worldwide. According to its website, the UPU “helps to ensure a truly universal network of up-to-date products and services.”
The primary decisionmaking body of the UPU is the UPU Congress. Normally, the Congress convenes every four years and was next scheduled to meet in 2020. On September 3, 2018, however, the UPU is scheduled to hold an “Extraordinary Congress” for the first time since 1900....
Records, Papers, Decisions: Kavanaugh Records and the Presidential Records Act
Since Judge Brett Kavanaugh’s nomination to be an Associate Justice of the Supreme Court was received on July 10, papers detailing his activities in the George W. Bush Administration and the Office of Independent Counsel Kenneth W. Starr have been the subject of ongoing congressional interest. Specifically, many Members of Congress have discussed the public release of Judge Kavanaugh’s records and whether the scope and volume of records released is similar to the records of previous Supreme Court nominees.
The release and maintenance of records pertaining to Judge Kavanaugh’s tenure in...
GSA Releases Sources Sought Notice and Sets Goal to Assume Certain OPM Functions by March 2019
On June 21, 2018, the Trump Administration released a government reorganization and reform plan that included 32 proposals to restructure and reform executive branch agencies, programs, or operations. One proposal sought to reorganize the U.S. Office of Personnel Management (OPM), particularly by transferring five program offices to other agencies (Figure 1). Under the proposal, functions of three program offices would be transferred to a “Government Services Administration” (currently the General Services Administration, or GSA)
Human Resources Solutions (HRS),
Healthcare and Insurance...
FDIC’s Deposit Insurance Assessments and Reserve Ratio
The Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203; Dodd-Frank Act) changed the minimum deposit insurance reserve ratio to 1.35% from 1.15% and required the Federal Deposit Insurance Corporation (FDIC) to meet the increased reserve ratio by 2020. The Dodd-Frank Act also required the FDIC to offset the effects of the higher reserve ratio of 1.35% on banks with assets of less than $10 billion. The FDIC Board of Directors approved a final rule in March 2016 to meet this requirement by 2018. The approved plan changes how the assessments are apportioned between large...
The National Hurricane Center and Forecasting Hurricanes: 2017 Overview and 2018 Outlook
The National Hurricane Center (NHC), part of the National Oceanic and Atmospheric Administration’s (NOAA’s) National Weather Service (NWS), is responsible for forecasting hurricanes in the Atlantic Ocean and the eastern Pacific Ocean. The NHC provides estimates of the path of a storm (i.e., hurricane track), the intensity, and the size and structure of the storm, as well as predictions of storm surge, rainfall, and even tornadoes. Depending on the storm’s status, this information may be used to create a hurricane watch or a hurricane warning and public advisories, which are issued on an...
Gun Control: 3D-Printed AR-15 Lower Receivers
The possibility that criminals could use three dimensional-printing (3D-printing) technology to produce “untraceable” firearms, including AR-15s, is an issue of growing concern for some lawmakers. It overlaps in part with the issue of 3D-printed “undetectable” firearms discussed in a previous Insight (CRS Insight IN10953, Gun Control: 3D-Printed Firearms).
Defense Distributed, a federally licensed firearms manufacturer, recently uploaded 3D-printable computer assisted design (CAD) files on its website for an AR-15 type rifle, including its lower receiver. The lower receiver is the...
Judge Brett M. Kavanaugh: His Jurisprudence and Potential Impact on the Supreme Court
On July 9, 2018, President Donald J. Trump announced the nomination of Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to fill retiring Justice Anthony M. Kennedy’s seat on the Supreme Court of the United States. Nominated to the D.C. Circuit by President George W. Bush, Judge Kavanaugh has served on that court for more than twelve years. In his role as a Circuit Judge, the nominee has authored roughly three hundred opinions (including majority opinions, concurrences, and dissents) and adjudicated numerous high-profile cases...
Federal Crop Insurance: Delivery Subsidies in Brief
In the federal crop insurance program, “delivery” generally refers to marketing policies, processing applications, collecting premiums, and adjusting claims. Delivery subsidies accounted for $14.8 billion (20%) of federal spending on crop insurance during crop years 2007 through 2016. The amount of delivery subsidies is not based on actual expenses incurred by Approved Insurance Providers (AIPs) but is instead based on percentages of premium that are established in the Standard Reinsurance Agreement (SRA). The percentages vary by policy type and coverage level. Delivery subsidies are not...
MS-13 in the United States and Federal Law Enforcement Efforts
The Mara Salvatrucha (MS-13) is a violent criminal gang operating both in the United States and abroad—namely Central America. MS-13 was formed on the streets of Los Angeles, CA, in the 1980s by refugees who were fleeing civil conflict in El Salvador. It became a transnational gang as MS-13 members who were deported from the United States to Central America helped establish gang ties and spread U.S. gang culture abroad.
In the United States, MS-13’s structure largely consists of loosely organized cells, or “cliques,” that each control specific territory. While some have suggested that the...
Youth and the Labor Force: Background and Trends
Congress has indicated a strong interest in ensuring that today’s young people (ages 16 to 24) attain the education and employment experience necessary to make the transition to adulthood as skilled workers and taxpayers. This report provides context for Congress on trends in the labor force for youth. It discusses youth labor force data since 1948, with a focus on the period from 2000 to the present.
The labor market experiences of youth ages 16 to 24 have varied based on their age and other factors. Over the post-World War II period, teens ages 16 to 19 generally have had a lower labor...
Treasury Completes Series of Reports on Financial Regulatory Relief
President Donald Trump issued Executive Order (E.O.) 13772 on February 3, 2017. The E.O. identified “Core Principles” to be adhered to in financial regulation and directed the Secretary of the Treasury to report on “the extent to which ... Government policies promote the Core Principles and what actions have been taken, and are currently being taken, to promote and support the Core Principles.” The principles are as follows:
empower Americans to make independent financial decisions and informed choices in the marketplace, save for retirement, and build individual wealth;
prevent...
Implementing EPA’s 2015 Ozone Air Quality Standards
Implementation of revised ozone standards by the U.S. Environmental Protection Agency (EPA) is now moving forward, after the agency designated 52 areas with just over 200 counties or partial counties and two tribal areas as “nonattainment” for the standards. The standards—formally known as National Ambient Air Quality Standards (NAAQS) for ground-level ozone—are standards for outdoor (ambient) air. In 2015, EPA tightened both the primary (health-based) and secondary (welfare-based) standards from 75 parts per billion (ppb) to 70 ppb after concluding that protecting public health and...
Election Security: Issues in the 2018 Midterm Elections
In the wake of assessments about foreign interference in the 2016 presidential election, concerns have been mounting about the security of the 2018 midterm elections. Security efforts are complicated by the complex, multidimensional election life cycle, with each dimension involving a broad array of components. The main dimensions can be thought of as election administration, campaign activities, and media coverage.
Traditionally, concerns about election security have focused largely on election administration. In the wake of the 2016 election, the Department of Homeland Security...
Medicare Coverage of End-Stage Renal Disease (ESRD)
End-stage renal disease (ESRD) is the last stage of chronic kidney disease (CKD), which is the gradual decrease of kidney function over time. Individuals with ESRD have substantial and permanent loss of kidney function and require either a regular course of dialysis (a process that removes harmful waste products from an individual’s bloodstream) or a kidney transplant to survive.
In 1972, Congress enacted legislation allowing qualified individuals with ESRD under the age of 65 to enroll in the federal Medicare health care program (Social Security Amendments of 1972; P.L. 92-603). The...
Strange Occurrences Highlight Insider Threat to Aviation Security
On the evening of August 10, 2018, an airline ramp worker stole a 76-seat turboprop from Seattle-Tacoma International Airport, crashing it on a remote wooded island in an apparent suicide. Days later, on August 13, 2018, a corporate pilot released on bail following a domestic violence arrest hours earlier stole a business jet and crashed it into his Utah home. In another incident in Utah in July 2012, a SkyWest Airlines pilot sought by authorities regarding the stabbing death of his girlfriend stole a regional jet from the St. George Municipal Airport and crashed it through an airport...
The Earned Income Tax Credit (EITC): An Economic Analysis
The Earned Income Tax Credit (EITC) is a refundable tax credit available to eligible workers earning relatively low wages. The EITC, enacted more than 40 years ago, has evolved from a relatively modest tax benefit to a significant antipoverty program. This report reviews economic research on the EITC. Understanding the economic impact of the credit, as well as its limitations and potential drawbacks, may inform future legislative discussions of the EITC and other refundable tax credits.
When initially enacted in the 1970s, there were two major purposes of the EITC. First, the credit was...
Kosovo: Background and U.S. Relations
Following the conflicts in the late 1990s in the countries of the former Yugoslavia (Serbia, Kosovo, Bosnia-Herzegovina, Macedonia, Montenegro, Croatia, and Slovenia), the prospect of membership in the Euro-Atlantic community, and the active presence of the United States in the region referred to as the Western Balkans, provided a level of stability that allowed most of the countries of the region to pursue reform and adopt Western values. During this time, Slovenia (2004) and Croatia (2013) joined the European Union (EU). These countries, along with Albania (2009), also joined the North...
Clean Air Act Issues in the 115th Congress: In Brief
Review of regulations issued under the Obama Administration, with the possibility of their modification or repeal, has been the main focus of interest on Clean Air Act issues in the 115th Congress and in the executive and judicial branches in 2017 and 2018. Of particular interest are the ambient air quality standards for ozone promulgated by the Environmental Protection Agency (EPA) in October 2015; EPA rules to regulate greenhouse gas (GHG) emissions from power plants, cars and trucks, and the oil and gas sector; and emission standards for three groups of sources: brick kilns, wood stoves...
Proliferation Security Initiative (PSI)
The Proliferation Security Initiative (PSI) was formed to increase international cooperation in interdicting shipments of weapons of mass destruction (WMD), their delivery systems, and related materials. The Initiative was announced by President Bush on May 31, 2003. PSI does not create a new legal framework but aims to use existing national authorities and international law to achieve its goals. Initially, 11 nations signed on to the “Statement of Interdiction Principles” that guides PSI cooperation. As of June 2018, 105 countries (plus the Holy See) have committed formally to the PSI...
Proposed U.S.-EU Trade Negotiations: Hitting Pause on a Trade War?
On July 25, 2018, the United States and European Union (EU) announced a “new phase” in their relationship for “freer, fairer, and more reciprocal trade.” They agreed to launch negotiations to eliminate tariffs, nontariff barriers, and subsidies on “non-auto industrial goods,” as well as to boost trade specifically in services, chemicals, pharmaceuticals, medical products, and U.S. soybeans. Amid a potential tit-for-tat escalation of tariffs, the two sides agreed not to impose further tariffs on each other’s traded products while negotiations are active and to examine current U.S. steel and...
Title X Family Planning: Proposed Rule on Statutory Compliance Requirements
The Title X Family Planning Program (Title X), enacted in 1970, is the only domestic federal program devoted solely to family planning and related preventive health services. All 50 states, the District of Columbia, and the U.S. territories and Freely Associated States (collectively referred to as states) are eligible to apply for Title X grants, as are other public agencies and nonprofit organizations. Title X grants enable grantees to establish and operate family planning projects. A family planning project refers to a set of activities that a Title X grantee undertakes under its grant...
Overview of U.S.-South Korea Agricultural Trade
South Korea is an important export market for U.S. agricultural products. In 2017, U.S. farmers and ranchers sold about $7 billion of goods to South Korea, making it the sixth-largest export market by value for U.S. agricultural products. Leading U.S. agricultural exports to South Korea include beef, corn, soybeans, pork, wheat, oranges, nuts, and cheese. Further, the United States had a trade surplus of more than $6.3 billion in food and agricultural products with South Korea in 2017.
The trading relationship between the two countries has been governed by the U.S.-South Korea Free Trade...
Gun Control: 3D-Printed Firearms
In May 2013, Defense Distributed, a federally licensed firearms manufacturer, posted on its website computer assisted design (CAD) files for three dimensional-printing (3D-printing) of a single-shot, smoothbore, .380 caliber pistol that could be made almost entirely with non-metallic material. The design of this firearm, the “Liberator,” does not appear to violate the Undetectable Firearms Act of 1988 (18 U.S.C. §922(p)), because it includes the requisite amount of steel. This statute prohibits the manufacture, importation, transfer, or possession of any firearm that
is [not] detectable to...
The Electronic Logging Device (ELD) Controversy
In December 2017, after years of preparation, most commercial trucks were required to be equipped with an electronic logging device (ELD) that would automatically record how long the driver had been driving. There had been little controversy about this requirement during its two-year phase-in period, but after it took effect, portions of the commercial trucking industry began to complain about its impact. Pending legislation would exempt certain drivers from the mandate through FY2019.
Most commercial drivers are paid by the mile, and so have an incentive to drive as much as possible....
Fourth Treasury Report on Regulatory Relief: Nonbanks and Financial Technology
On July 31, 2018, the Department of the Treasury issued a report, “A Financial System That Creates Economic Opportunities: Nonbank Financials, Fintech, and Innovation,” that examines financial institutions and activities for which the application of traditional regulation may present challenges due to advances in financial technology (“fintech”). It is the last in a series of four reports written in accordance with Executive Order (E.O.) 13772 issued by President Donald Trump on February 3, 2017, which directed the Secretary of the Treasury to report on the financial regulatory system....
Iran’s Threats, the Strait of Hormuz, and Oil Markets: In Brief
The exchanges of threats between members of the governments of Iran and the United States, including the presidents of both countries, have again raised the specter of an interruption of shipping through the Strait of Hormuz (the Strait), a key waterway for the transit of oil and natural gas to world markets. In the first half of 2018, approximately 22 million barrels per day (bpd) of crude oil, condensate, and petroleum products, and over 300 million cubic meters per day in liquefied natural gas (LNG) exited the Strait, representing approximately 24% and 3% of global production,...
Proposals to Impose Sanctions on Russian Sovereign Debt
The United States imposes sanctions on hundreds of Russian individuals and entities for aggression against Ukraine, election interference, malicious cyber activity, human rights violations, weapons proliferation, and other activities. Some Members of Congress are proposing additional sanctions in response to continuing objectionable behavior by the Russian government. One proposal is to sanction new debt issued by the Russian government. If enacted, U.S. investors would be prohibited from buying or trading new Russian sovereign debt.
Targeting Russian sovereign debt would escalate U.S....
Categorical Exclusions, Metroplexes, and Aircraft Noise Complaints
The Federal Aviation Administration (FAA) has initiated changes to airspace and flight procedures to take advantage of new technologies deployed under NextGen, a comprehensive air traffic modernization initiative that relies on satellite-based navigation and tracking to improve efficiency and airspace capacity. In some neighborhoods, however, FAA’s changes have increased overflights triggering complaints about aircraft noise. Some affected residents are seeking remedies from the agency, the courts, and Congress.
Categorical Exclusions
One of NextGen’s key objectives is to allow commercial...
Division G of Title II of the Consolidated Appropriations Act, 2018 (P.L. 115-141) extended U.S. Environmental Protection Agency (EPA) authority to collect fees from the pesticide industry for the maintenance and evaluation of pesticide registrations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. 136 et seq.) until the end of FY2018. Two types of industry-paid fees supplement annual appropriations from the General Fund to support EPA’s pesticide regulatory program.
Without the extension, the authority to collect maintenance fees would have expired at the end...
Chesapeake Bay Restoration: Background and Issues for Congress
The Chesapeake Bay (the Bay) is the largest estuary in the United States. It is recognized as a “Wetlands of International Importance” by the Ramsar Convention, a 1971 treaty about the increasing loss and degradation of wetland habitat for migratory waterbirds. The Chesapeake Bay estuary resides in a more than 64,000-square-mile watershed that extends across parts of Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia. The Bay’s watershed is home to more than 18 million people and thousands of species of plants and animals.
A combination of...
Seed Cotton as a Farm Program Crop: In Brief
The Bipartisan Budget Act of 2018 (P.L. 115-123; BBA), signed into law on February 9, 2018, included a provision—Section 60101(a)—which amended the 2014 farm bill (P.L. 113-79) to add seed cotton as a “covered commodity,” thus making cotton eligible for the Price Loss Coverage (PLC) and Agricultural Risk Coverage (ARC) farm revenue support programs.
The 2014 farm bill provides authority for farm programs for the 2014 through 2018 crop years. Under the 2014 farm bill as signed into law in February 2014, neither cotton nor its co-product, cottonseed, were eligible to participate in the newly...
The Cambodian National Assembly election, held on July 29, 2018, resulted in a victory for the ruling Cambodian People’s Party (CPP). Critics viewed the election, in which the CPP likely won all 125 parliamentary seats, as neither free nor fair and the victory as “hollow” given that the CPP banned the largest opposition party in 2017. The Trump Administration stated that the poll “failed to represent the will of the Cambodian people” and represented “the most significant setback yet to the democratic system enshrined in Cambodia’s constitution...” Nearly 600,000 ballots, or roughly 9% of...
National Flood Insurance Program: Selected Issues and Legislation in the 115th Congress
The National Flood Insurance Program (NFIP) was established by the National Flood Insurance Act of 1968 (NFIA, 42 U.S.C. §4001 et seq.), and was most recently reauthorized until November 30, 2018 (P.L. 115-225). The general purpose of the NFIP is both to offer primary flood insurance to properties with significant flood risk, and to reduce flood risk through the adoption of floodplain management standards. A longer-term objective of the NFIP is to reduce federal expenditure on disaster assistance after floods. The NFIP also engages in many “non-insurance” activities in the public interest:...
After a flood, people are often uncertain if their eligibility for federal disaster assistance is linked in any way to whether or not they have flood insurance. Because much of the other disaster assistance that is available to individuals comes from the Federal Emergency Management Agency (FEMA), there may be confusion between possible claims provided through the National Flood Insurance Program (NFIP, which is also managed by FEMA), and other disaster assistance programs. This report provides an overview of the assistance available to individuals and households following a flood and...
The World Trade Organization (WTO): U.S. Participation at Risk?
Trump Administration Approach to the WTO
In a break from past administrations, the Trump Administration has expressed doubt over the value of the World Trade Organization (WTO) to the U.S. economy. The United States was a key architect of the WTO—the 164-member international organization established in 1995 that oversees global trade rules and trade liberalization negotiations, and resolves trade disputes. In late June, media reports suggested that President Trump was considering withdrawing the United States from the WTO; U.S. officials have since said talks of withdrawal are “premature”...
Child Welfare Funding in FY2018
Child welfare services are intended to prevent the abuse or neglect of children; ensure that children have safe, permanent homes; and promote the well-being of children and their families. For FY2018, an estimated $9.5 billion in federal support was made available for child welfare purposes. Comparable funding for FY2017 is estimated at $9.3 billion.
At least $100 million of the FY2018 increase was provided as discretionary appropriations intended to address the impact of parental substance abuse on children and the child welfare system and to help implement the Family First Prevention...
U.S.-China economic ties have expanded substantially since China began reforming its economy and liberalizing its trade regime in the late 1970s. Total U.S.-China merchandise trade rose from $2 billion in 1979 (when China’s economic reforms began) to $636 billion in 2017. China is currently the United States’ largest merchandise trading partner, its third-largest export market, and its biggest source of imports. In 2015, sales by U.S. foreign affiliates in China totaled $482 billion. Many U.S. firms view participation in China’s market as critical to their global competitiveness. U.S....
Pipeline Safety: Overdue Statutory Mandates
The safety of natural gas and hazardous liquid pipelines in the United States is regulated by the Pipeline and Hazardous Materials Safety Administration (PHMSA) within the Department of Transportation (DOT). For decades, Congress has reauthorized DOT’s pipeline safety program in stand-alone legislation. In addition, Congress has used reauthorizations to impose on PHMSA various mandates regarding standards, studies, and other elements of pipeline safety regulation—usually in response to major pipeline accidents. The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (P.L....
Ethiopia’s New Prime Minister Visits the United States to “Build Bridges”
Ethiopia’s new prime minister, Abiy Ahmed, arrived in the United States on July 26 for a three-city tour, with stops in Washington, Los Angeles, and Minneapolis. It is his first U.S. trip since being elected by parliament on April 2, and the visit is focused on engaging the Ethiopian diaspora, who represent the second largest African diaspora population in the United States. Prime Minister Abiy’s early outreach to Ethiopian-Americans is noteworthy, given outspoken criticism from some regarding governance under the ruling Ethiopian People’s Revolutionary Democratic Front (EPRDF), which has...
Potential WTO Implications of USDA’s Proposed Response to Trade-Retaliation
On July 24, 2018, Secretary of Agriculture Sonny Perdue announced that the U.S. Department of Agriculture (USDA) would be taking several actions to assist farmers in response to trade damage from what the Administration has characterized as “unjustified retaliation.” Specifically, the Secretary said that USDA would authorize up to $12 billion in programs under the Commodity Credit Corporation (CCC) Charter Act (See CRS Report R44606, The Commodity Credit Corporation: In Brief) to help agricultural producers meet the costs of disrupted markets. (See CRS Insight IN10880, China’s Retaliatory...
Commodity Credit Corporation: Q&A
On July 24, 2018, the U.S. Department of Agriculture (USDA) announced the use of up to $12 billion in funding authorized under the Commodity Credit Corporation (CCC) to compensate agricultural producers for losses in response to retaliatory tariffs on certain U.S. agricultural commodities. This has raised general questions related to the CCC, its use, and authorities. In brief, CCC makes payments to producers and conducts other operations to support U.S. agriculture. Typically, Congress passes laws, such as omnibus farm bills, that specifically direct USDA on how to administer these...
The House and Senate 2018 Farm Bills (H.R. 2): A Side-by-Side Comparison with Current Law
Congress sets national food and agriculture policy through periodic omnibus farm bills that address a broad range of farm and food programs and policies. The 115th Congress has the opportunity to establish the future direction of farm and food policy, because many of the provisions in the current farm bill (the Agricultural Act of 2014, P.L. 113-79) expire in 2018.
On June 21, 2018, the House voted 213-211 to approve H.R. 2, the Agriculture and Nutrition Act of 2018, an omnibus farm bill that would authorize farm and food policy for FY2019-FY2023. The Senate passed its version of H.R. 2,...
North Korea: U.S. Relations, Nuclear Diplomacy, and Internal Situation
North Korea has posed one of the most persistent U.S. foreign policy challenges of the post-Cold War period due to its pursuit of proscribed weapons technology and belligerence toward the United States and its allies. With North Korea’s advances in 2016 and 2017 in its nuclear and missile capabilities under 34-year-old leader Kim Jong-un, Pyongyang has evolved from a threat to U.S. interests in East Asia to a potentially direct threat to the U.S. homeland. Efforts to halt North Korea’s nuclear weapons program have occupied the past four U.S. Administrations, and North Korea is the target...
Australia and New Zealand React to China’s Growing Influence in the South Pacific
Overview
The July 24, 2018, Australia-United States Ministerial (AUSMIN) Joint Statement points to “deepening engagement [between the United States and Australia] in the Indo-Pacific.” Canberra and Wellington are increasingly responding to Chinese influence operations in the Pacific region, as demonstrated by a number of recent actions, including Australia’s passage of new foreign interference legislation; announcement of an possible new Australia-Vanuatu security agreement; New Zealand’s adoption of a new Strategic Defence Policy Statement; steps toward a new Pacific Islands Forum...
History of Use of U.S. Military Bases to House Immigrants and Refugees
Background
On June 20, 2018, President Donald Trump signed an Executive Order that states “It is also the policy of this Administration to maintain family unity, including by detaining alien families together where appropriate and consistent with law and available resources” and that directs the Secretary of Defense to “take all legally available measures to provide to the Secretary [of Homeland Security], upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law.” On June 24,...
OPIC, USAID, and Proposed Development Finance Reorganization
Members of Congress and Administrations have periodically considered reorganizing the federal government’s trade and development functions to advance various policy objectives. In its 2019 budget request, the Trump Administration included a proposal to consolidate the Overseas Private Investment Corporation (OPIC) and other agency development finance functions, specifically noting the Development Credit Authority (DCA) of the U.S. Agency for International Development (USAID), into a new U.S. development finance agency. The policy objectives that the new agency would aim to support include...
In the late 1980s, extensive foreign debt and degraded natural resources in developing nations led to the creation of debt-for-nature initiatives that reduced debt obligations, allowed for debt repayments in local currency as opposed to hard currency, and generated funds for the environment. These initiatives, called debt-for-nature swaps typically involved restructuring, reducing, or buying a portion of a developing country’s outstanding debt, with a percentage of proceeds (in local currency) being used to support conservation programs within the debtor country. Most early transactions...
Indexing Capital Gains Taxes for Inflation
Recently, proposals to index capital gains for inflation have reentered the public debate. The proposed change would eliminate the part of capital gains that reflects inflation by increasing the basis (i.e., the amount subtracted from sales price to determine capital gains) by inflation occurring since acquisition of the asset. President Trump’s head of the White House National Economic Council, Larry Kudlow, has long proposed the indexation of capital gains for inflation through regulation, and Americans for Tax Reform has urged Treasury Secretary Steven Mnuchin to index capital gains....
Flying Cars and Drones Pose Policy Challenges for Managing and Regulating Low-Altitude Airspace
For more than half a century, “flying car” concepts have graced the covers of Popular Science magazine, have been featured in futuristic Hollywood sci-fi movies, and, of course, have hauled that famous space-age cartoon family, the Jetsons. Until recently, though, small hovercraft and drone-like air taxis existed only as prototype concepts and amateur-built curios. Recent advances in aerospace design and propulsion, as well as in computer control and autonomous systems, are raising the prospect that flying cars may soon become a reality. Development and marketing efforts are bringing to...
Judicial Opinions of Judge Brett M. Kavanaugh
On July 9, 2018, President Trump announced the nomination of Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to succeed Supreme Court Justice Anthony M. Kennedy, who is scheduled to retire from active status on July 31, 2018. Judge Kavanaugh has served as a judge on the D.C. Circuit since May 30, 2006. He has also sat, by designation, on judicial panels of the U.S. Court of Appeals for the Eighth Circuit and the U.S. Court of Appeals for the Ninth Circuit, and also served on three-judge panels of the U.S. District Court for the...
Animal and Plant Export Health Certificates in U.S. Agricultural Trade
An agricultural export health certificate verifies that agricultural products are prepared or raised in accordance with requirements of the importing country. In the United States, export health certificates are issued primarily by the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) for live animals, raw fruits and vegetables, and some grain products. APHIS ensures that U.S. exporters have met animal and plant health requirements for export. Other federal agencies, not discussed here, have authority over agricultural products outside of APHIS’s...
“Duck Boat” Accident Highlights Gap in Regulation
On July 19, 2018, an amphibious vehicle capsized during a sudden storm on a lake in Branson, MO, killing at least 17 passengers. The accident highlights gaps and discrepancies in federal safety regulations affecting amphibious passenger vehicles (APVs), more widely known as “duck boats.”
Duck boats are tourist vehicles designed both to drive on roads and operate as boats in the water. These vehicles host thousands of tours for more than 1 million passengers annually. The original vehicles were built during World War II to deliver cargo from ships at sea directly to the shore, and often to...
Iran Nuclear Agreement and U.S. Exit
On July 14, 2015, Iran and the six powers that had negotiated with Tehran about its nuclear program since 2006 (the United States, the United Kingdom, France, Russia, China, and Germany—collectively known as the P5+1) finalized a Joint Comprehensive Plan of Action (JCPOA). The JCPOA required constraints that seek to ensure that Iran’s nuclear program can be used for purely peaceful purposes in exchange for a broad lifting of U.S., European Union (EU), and United Nations (U.N.) sanctions on Iran. The agreement replaced the Joint Plan of Action (JPA), an interim nuclear accord in effect from...
U.S. Fish and Wildlife Service: An Overview
The U.S. Fish and Wildlife Service (FWS), an agency within the Department of the Interior (DOI), is the principal federal agency tasked with the conservation, protection, and restoration of fish and wildlife resources across the United States and insular areas. This report summarizes the history, organizational structure, and selected functions of FWS and provides an overview of the agency’s appropriations structure. The report describes the actions Congress has taken to shape FWS’s structure and functions over time and notes selected issues of interest to Congress.
The current structure...
On July 16, 2018, U.S. President Donald Trump and Russian President Vladimir Putin held a summit in Helsinki, Finland. This was the first U.S.-Russia summit since 2010, when President Barack Obama met with Putin’s predecessor Dmitry Medvedev in Prague to sign the New START strategic arms reduction treaty.
The Presidents characterized the July 2018 summit as a first step to improving relations. President Trump stated his view that the United States and Russia need “to find ways to cooperate in pursuit of shared interests” and resolve global challenges. President Putin said his goal is to...
U.S. Army’s Initial Maneuver, Short-Range Air Defense (IM-SHORAD) System
The Current State of Army SHORAD The Army defines SHORAD as: Dedicated air defense artillery (ADA) and non-dedicated air defense capabilities that enable movement and maneuver by destroying, neutralizing or deterring low altitude air threats to defend critical fixed and semi-fixed assets and maneuver forces. The Army summarizes the recent history and current state of Army SHORAD in the following section: Short-range air defense artillery units were historically embedded in Army divisions, providing them with an organic capability to protect their critical assets against fixed-wing and...
Attaching a Price to Greenhouse Gas Emissions with a Carbon Tax or Emissions Fee
Significant debate continues about what, if any, policy initiatives may be appropriate or feasible to address greenhouse gas (GHG) emissions. Major scientific assessments in the United States and internationally conclude that “it is extremely likely that human activities, especially emissions of greenhouse gases, are the dominant cause of the observed warming since the mid-20th century.” Human-related GHG emissions, if continued, would tend to drive further warming, sea level rise, ocean acidification, and other impacts. Small future climate changes may bring benefits for some and adverse...
Improper Payments in High-Priority Programs: In Brief
The Improper Payments Information Act (IPIA) of 2002 defines improper payments as payments that should not have been made or that were made in an incorrect amount, including both overpayments and underpayments. This definition includes payments made to ineligible recipients, duplicate payments, payments for a good or service not received, and payments that do not account for applicable discounts. Since FY2004, federal agencies have been required to report on the amount of improper payments they issue each year and take steps to address the root causes of the problem. The data show a...
Public Disclosure of Corporate Tax Returns
Federal corporate tax returns are confidential and protected from public disclosure under section 6103 of the Internal Revenue Code (IRC), as enacted by the Tax Reform Act of 1976 (P.L. 94-455). Before 1976, corporate tax returns where classified as part of the “public record” to varying degrees. Since 1976, there have been occasional calls for the privacy veil to be lifted in response to aggressive tax planning and evasion. This Insight examines several issues surrounding public disclosure of corporate tax returns; however, the discussion below does not address important legal and...
Senate Judiciary Committee Hearings for a Supreme Court Nominee: Overview
On July 9, 2018, President Trump announced his selection of Judge Brett Kavanaugh to fill the impending vacancy that will be created on the U.S. Supreme Court by the retirement of Justice Anthony Kennedy on July 31, 2018.
Supreme Court nominations since 1949 have routinely received public confirmation hearings before either the Senate Judiciary Committee or a Judiciary subcommittee. In 1955, hearings on the Supreme Court nomination of John M. Harlan marked the beginning of a practice, continuing to the present, of Court nominees testifying in-person before the Senate Judiciary Committee....
Energy Provisions in the 2014 Farm Bill (P.L. 113-79): Status and Funding
Title IX, the energy title of the 2014 farm bill (Agricultural Act of 2014; P.L. 113-79), contains authority for the energy programs administered by the U.S. Department of Agriculture (USDA). USDA energy programs have incentivized research, development, and adoption of renewable energy projects, including solar, wind, and anaerobic digesters. However, the primary focus of USDA energy programs has been to promote U.S. biofuels production and use—including corn starch-based ethanol (the predominant biofuel produced and consumed in the United States), cellulosic ethanol, and soybean-based...
Tit-for-Tat Tariff Measures and U.S. Trade Policy
U.S. trade policy under President Trump has involved greater use of trade laws to address imports that threaten to impair U.S. national security (Section 232), and trade practices that may violate trade agreements or are “unjustifiable” or “unreasonable” (Section 301). Congress has held several hearings on controversial presidential actions under these laws, raising questions about their economic and broader policy implications.
As a result of Section 232 investigations launched by the Administration, the United States has unilaterally applied new tariffs on steel (25%), aluminum (10%),...
Justice Anthony Kennedy: His Jurisprudence and the Future of the Court
On June 27, 2018, Justice Anthony M. Kennedy announced that, effective July 31, 2018, he would retire from active service as an Associate Justice on the Supreme Court of the United States. His decisive role on the Court, particularly since the Roberts Court era began in 2005, cannot be overstated. The Roberts Court era has witnessed the Court issue a number of landmark rulings, many of which have involved matters where the sitting Justices were closely divided. Justice Kennedy typically voted with the majority of the Court in such cases. Since the October 2005 term that marked the...
Federal Government Employment: Veterans’ Preference in Competitive Examination
Veterans’ preference is a system that provides special consideration to certain former members of the Armed Forces who pursue civilian employment with the federal government. This report describes how veterans’ preference is established and applied in the assessment and selection of candidates for federal positions that use competitive examination procedures.
The specific type of preference for which a veteran qualifies (if any) depends on the timing of the veteran’s service and whether or not the veteran has a service-connected disability. The strongest preference is for veterans who have...
Puerto Rico—Status of Electric Power Recovery
On September 20, 2017, Hurricane Maria made landfall in Puerto Rico as a Category 4 storm with sustained wind speeds of over 155 miles per hour. At that time, the Commonwealth of Puerto Rico was already in recovery mode following the glancing blow struck by Hurricane Irma on September 6, 2017, which left 70% of electricity customers without power. Puerto Rico’s office of emergency management reported that Hurricane Maria had incapacitated the central electric power system, leaving the entire island without power as the island’s grid was essentially destroyed. Even before the 2017 hurricane...
The Financial Services and General Government (FSGG) appropriations bills include funding for more than two dozen independent agencies in addition to the larger entities in the bill (Department of the Treasury, the Executive Office of the President, the District of Columbia, and the judiciary). Among these are Consumer Product Safety Commission (CPSC), Election Assistance Commission (EAC), Federal Communications Commission (FCC), Federal Election Commission (FEC), Federal Labor Relations Authority (FLRA), Federal Trade Commission (FTC), General Services Administration (GSA), National...
Risk and Needs Assessment in the Federal Prison System
The number of people incarcerated in federal prisons increased dramatically over the past three decades. While the number of inmates in the federal prison system has decreased since FY2013, the federal prison population remains substantially larger than it was three decades ago.
Concerns about both the economic and social consequences of the country’s reliance on incarceration have led to calls for reforms to the nation’s criminal justice system, including improving the federal prison system’s ability to rehabilitate incarcerated offenders by better assessing their risk for recidivism and...
President’s Selection of a Nominee for a Supreme Court Vacancy: Overview
On June 27, 2018, Justice Anthony Kennedy, after serving on the Supreme Court as an Associate Justice since 1988, announced his intention to retire from the U.S. Supreme Court. Justice Kennedy indicated that his retirement would be effective July 31, 2018. Subsequently, on July 9, 2018, President Donald Trump announced his intention to nominate Judge Brett Kavanaugh to fill the impending Kennedy vacancy.
This Insight provides an overview of several issues related to the selection of a nominee by a President for a vacancy on the Court. For additional information and analyses on these and...
Hemp as an Agricultural Commodity
Industrial hemp is an agricultural commodity that is cultivated for use in the production of a wide range of products, including foods and beverages, cosmetics and personal care products, nutritional supplements, fabrics and textiles, yarns and spun fibers, paper, construction and insulation materials, and other manufactured goods. Hemp can be grown as a fiber, seed, or other dual-purpose crop. However, hemp is also from the same species of plant, Cannabis sativa, as marijuana. As a result, production in the United States is restricted due to hemp’s association with marijuana, and the U.S....
U.S. Global Health Assistance: FY2001-FY2019 Request
Congressional interest in and support for global health programs has remained strong for several years. In FY2018, Congress provided $8.7 billion for global health programs through State, Foreign Operations appropriations and $488.6 million through Labor, Health and Human Services, and Education (Labor-HHS) appropriations. These funds are managed by several U.S. agencies and the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund)—a multilateral organization aimed at combating the three diseases worldwide. Concern about infectious diseases, especially HIV/AIDS, tuberculosis,...
United States Special Operations Command Acquisition Authorities
United States Special Operations Command (SOCOM) is the Unified Combatant Command responsible for training, doctrine, and equipping all special operations forces of the Army, Air Force, Marine Corps and Navy. SOCOM has been granted acquisition authority by Congress to procure special operations forces-peculiar equipment and services.
There is a perception among some observers and officials that SOCOM possesses unique acquisition authorities that allow it to operate faster and more efficiently than the military departments.
SOCOM possesses unique acquisition authorities when compared with...
Next Generation 911 Technologies: Select Issues for Congress
In 2018, Congress and 911 advocates celebrated the 50th anniversary of the first 911 call. Over the past 50 years, states and localities have adopted 911 as the number to call during emergencies, established 911 centers (also known as Public Safety Answering Points or PSAPs) to receive and manage 911 calls, managed and funded their local PSAPs, and educated the public on 911 use. Today, 911 services are available in most jurisdictions in the United States, people know 911 is the number to call in emergencies, and 911 systems have helped to save lives.
However, there are challenges. In...
School Resource Officers: Issues for Congress
The school shootings at Marjory Stoneman Douglas High School in Parkland, FL, Great Mills High School in Great Mills, MD, and Santa Fe High School in Santa Fe, TX, have generated renewed interest in what Congress might consider to enhance security at the nation’s schools. School resource officer (SRO) programs have been discussed as a possible strategy for increasing school safety. SROs are sworn law enforcement officers who are assigned to work at a school on a long-term basis. While there are no current figures on the number of SROs in the United States, data indicate that 42% of U.S....
Leaders from the North Atlantic Treaty Organization’s (NATO’s) 29 member states are scheduled to hold a summit at NATO headquarters in Brussels, Belgium, on July 11-12, 2018. The summit comes at a time of heightened U.S.-European tensions. Despite stated Trump Administration commitments to NATO and European security, some European allies are increasingly expressing concerns about President Trump’s criticisms of NATO and individual allies. Various European leaders appear to be growing doubtful about whether the United States will remain a reliable security partner, especially amid recent...
Of the nation’s 4.1 million miles of public access roads, 2.9 million, or 71%, are in rural areas. Rural roads account for about 30% of national vehicle miles traveled. However, with many rural areas experiencing population decline, states increasingly are struggling to maintain roads with diminishing traffic while at the same time meeting the needs of growing rural and metropolitan areas.
Federal highway programs do not generally specify how much federal funding is used on roads in rural areas. This is determined by the states. Most federal highway money, however, may be used only for a...
Improving the quality of broadband deployment data has become an issue of congressional interest, as policymakers recognize that more accurate broadband availability maps could help ensure that federal broadband programs target unserved areas of the country that are most in need of assistance.
Since the initial deployment of broadband in the late 1990s, two federal agencies have implemented broadband availability data collection and mapping initiatives: the National Telecommunications and Information Administration (NTIA) at the Department of Commerce (DOC) and the Federal Communications...
Foreign Investment Risk Review Modernization Act (FIRRMA)
Some Members of Congress, the Trump Administration, and some U.S. businesses have raised concerns over continued U.S. technological leadership to support national defense and economic security due to growing foreign, primarily Chinese, investments in U.S. high-tech companies. These and other concerns motivated the House and the Senate to adopt measures, both known as the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). The bills would amend the current process for the Committee on Foreign Investment in the United States (CFIUS) (under P.L. 110-49) to review, on behalf of...
Defense Acquisitions: How and Where DOD Spends Its Contracting Dollars
The Department of Defense (DOD) has long relied on contractors to provide the U.S. military with a wide range of goods and services, including weapons, vehicles, food, uniforms, and operational support. Without contractor support, the United States would be currently unable to arm and field an effective fighting force. Costs and trends associated with contractor support provides Congress more information upon which to make budget decisions and weigh the relative costs and benefits of different military operations—including contingency operations and maintaining bases around the...
Congress sets national food and agriculture policy through periodic omnibus farm bills. The 115th Congress has the opportunity to establish the future direction of farm and food policy because many of the provisions in the current farm bill (the Agricultural Act of 2014, P.L. 113-79) expire in 2018. The 2014 farm bill addresses a broad range of farm and food programs and policies, including commodity support, crop insurance, conservation, domestic food assistance, trade and food aid, credit, rural development, research, horticulture, forestry, and bioenergy, among others.
On June 21,...
Trade Deficits and U.S. Trade Policy
The economic effects of the U.S. trade deficit have been a topic of long-standing congressional interest. The U.S. Constitution grants authority to Congress to regulate commerce with foreign nations and to lay and collect duties, and Congress exercises this authority in numerous ways. These include oversight of trade policy and consideration of legislation to implement trade agreements and to authorize trade programs. In some cases, Congress has delegated certain authorities over trade policy to the Executive Branch: for example, to facilitate trade negotiations.
As part of efforts to...
The Health Resources and Services Administration (HRSA) within the Department of Health and Human Services (HHS) provides health care to individuals who are geographically isolated and/or economically or medically vulnerable. The agency’s programs target specific populations including pregnant women and their children and individuals with HIV/AIDs.
HRSA is organized into five bureaus: (1) Primary Care; (2) Health Workforce; (3) Maternal and Child Health; (4) HIV/AIDS; and (5) Healthcare Systems. In addition to these bureaus, HRSA has 11 offices. Some offices focus on specific populations...
TRICARE Modernization: Eligibility for the Federal Employee Dental and Vision Insurance Program
In an effort to improve TRICARE dental and vision coverage through “enhanced benefits,” in 2016 Congress expanded (P.L. 114-328) eligibility for the Federal Employees Dental and Vision Insurance Program (FEDVIP) to certain TRICARE beneficiaries. FEDVIP is a dental and vision benefit program for federal employees and annuitants. Uniformed services retirees and their family members are to be eligible to enroll in FEDVIP in November 2018, with coverage beginning on January 1, 2019. Non-active duty TRICARE beneficiaries (i.e., family members of uniformed service members, reserve component...
The Rule XIX Call to Order for Disorderly Language in Senate Debate
The Senate has, from the 1st Congress (1789-1790), valued the importance of decorum in debate and included a “call to order” mechanism in its rules to sanction Senators who use “disorderly” language. The rules adopted in 1789 contained such a call-to-order provision, and its language has been amended multiple times over the years. Table 1 of this report details the historical evolution of the rule. The present form of the Senate’s call-to-order provision was adopted on June 14, 1962.
Senate Rule XIX identifies specific language that is considered disorderly. This includes language directly...
Legislative Actions to Modify the Affordable Care Act in the 111th-115th Congresses
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148) was signed into law on March 23, 2010. The law comprises numerous provisions in 10 titles. The provisions in Titles I-VIII largely relate to how health care in the United States is financed, organized, and delivered. Title IX contains revenue provisions. Title X reauthorizes the Indian Health Care Improvement Act, establishes some new programs and requirements, and amends provisions included in the other nine titles of the ACA. On March 30, 2010, the Health Care and Education Reconciliation Act (HCERA; P.L. 111-152) was...
The Trump Administration’s Reform Plan and Reorganization Recommendations
On June 21, 2018, the Office of Management and Budget (OMB) issued Delivering Government Solutions in the 21st Century: Reform Plan and Reorganization Recommendations (the Reform Plan). The Reform Plan followed from Executive Order 13781, “Comprehensive Plan for Reorganizing the Executive Branch,” issued by President Donald J. Trump on March 13, 2017, and an OMB memorandum, M-17-22, “Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce,” issued on April 12, 2017. Federal agencies were required to submit initial agency reform plans to OMB in...
Proposed American Innovation $1 Coins
On June 20, 2018, the Senate passed an amended version of H.R. 770, the “American Innovation $1 Coin Act.” This bill would require the Secretary of the Treasury to mint new $1 coins “in recognition of American innovation and significant innovation and pioneering efforts of individuals or groups from each of the 50 States, the District of Columbia, and the United States territories.” The proposed Innovation $1 coins would be minted beginning in 2019. The Senate’s action follows House passage of its version of H.R. 770 on January 16, 2018.
Congressional Involvement in Coin Design
The...
The G-7 Summit in Charlevoix, Canada: Changing U.S. Leadership in Global Forums
Canada hosted the 44th annual Group of 7 (G-7) summit on June 8-9 in Charlevoix, Quebec. The G-7 is an informal group of seven of the world’s largest advanced economies: Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States. With roots back to the 1970s, the G-7 leaders meet annually to discuss and coordinate economic and foreign policies. The agenda for the 2018 summit, set by Canada as the rotating chair, intended to focus on economic growth, gender equality, jobs, and the environment.
Discussions were marked by deep divisions between President Trump and other...
Debates over Exchange Rates: Overview and Issues for Congress
Exchange rates are among the most important prices in the global economy. They affect the price of every country’s imports and exports, as well as the value of every overseas investment. Over the past decade, some Members of Congress have been concerned that foreign countries are using exchange rate policies to gain an unfair trade advantage against other countries, or “manipulating” their currencies. Congressional concerns have focused on China’s foreign exchange interventions over the past decade to weaken its currency against the U.S. dollar, although concerns have also been raised...
The Low Income Home Energy Assistance Program (LIHEAP), established in 1981 as part of the Omnibus Budget Reconciliation Act (P.L. 97-35), is a program through which the federal government makes annual grants to states, tribes, and territories to operate home energy assistance programs for low-income households. The LIHEAP statute authorizes two types of funds: regular funds (sometimes referred to as formula or block grant funds), which are allocated to all states using a statutory formula, and emergency contingency funds, which are allocated to one or more states at the discretion of the...
Recent Violent Crime Trends in the United States
Media accounts of increasing violent crime rates, especially homicides, in some cities raise broad concerns about decreasing levels of public safety.
This report provides an analysis of changes in violent crime since 1960, with a focus on changes from 2014 to 2016 in violent crime and homicide rates in the 48 largest cities in the United States for which violent crime and homicide data were submitted to the Federal Bureau of Investigation’s Uniform Crime Reporting Program. The results of the analysis suggest the following:
At the national level, violent crime and homicide rates increased...
Privacy Protections for Individuals with Substance Use Disorders: The Part 2 Final Rule in Brief
On January 18, 2017, the Secretary of Health and Human Services (HHS) published a final rule to amend the federal regulations known as “Part 2” that protect the privacy of patient records maintained by alcohol and drug treatment programs across the country. Part 2 was developed in the 1970s to allay the concerns of individuals with substance use disorders who were afraid to get treatment for fear that their medical information would be released, leading to discrimination and even prosecution.
Health care providers participating in new health care delivery models such as accountable care...
HUD FY2018 Appropriations: In Brief
Most of the funding for the activities of the Department of Housing and Urban Development (HUD) comes from discretionary appropriations provided each year in the annual appropriations acts, typically as a part of the Transportation, HUD, and Related Agencies appropriations bill (THUD). HUD’s programs are designed primarily to address housing problems faced by households with very low incomes or other special housing needs.
Three rental assistance programs—Public Housing, Section 8 tenant-based rental assistance (which funds Section 8 Housing Choice Vouchers), and Section 8 project-based...
Energy-related research and development (R&D)—on coal-based synthetic petroleum and on atomic bombs—played an important role in the successful outcome of World War II. In the postwar era, the federal government conducted R&D on fossil and nuclear energy sources to support peacetime economic growth. The energy crises of the 1970s spurred the government to broaden the focus to include renewable energy and energy efficiency. Over the 41-year period from the Department of Energy’s (DOE’s) inception at the beginning of FY1978 through FY2018, federal funding for renewable energy R&D amounted to...
U.S. Crude Oil Exports and Retail Gasoline Prices
Since the beginning of 2018, average U.S. retail gasoline prices have risen approximately 18% and were nearly $3.00 per gallon at the end of May (see Figure 1). Over the same period, U.S. crude oil exports—for which restrictions were repealed in December 2015—have reached record levels. Average weekly export volumes from January to May 2018 have nearly doubled from average exports in all of 2017, to 1.7 million barrels per day (bpd). As a result, there has been congressional interest in understanding this tandem upward movement and the degree to which increasing crude oil exports might...
Financial Aid for Students: Online Resources
Congressional offices are frequently contacted by constituents who are researching how to pay for postsecondary education. This report identifies various online sources targeted to students and parents that provide information on planning and acquiring funds for postsecondary education. Some resources also contain information on repaying, forgiving, or discharging educational debt.
Students are often in the best position to determine which aid programs they may qualify for and which best meet their needs. Many of the websites listed in this report enable a student to conduct and save...
Science, Technology, Engineering, and Mathematics (STEM) Education: An Overview
The term STEM education refers to teaching and learning in the fields of science, technology, engineering, and mathematics. It typically includes educational activities across all grade levels—from pre-school to post-doctorate—in both formal (e.g., classrooms) and informal (e.g., afterschool programs) settings. Federal policymakers have an active and enduring interest in STEM education, and the topic is frequently raised in federal science, education, workforce, national security, and immigration policy debates.
Various attempts to assess the federal STEM education effort have produced...
The June 12 Trump-Kim Jong-un Summit
On June 12, 2018, President Donald Trump and North Korean leader Kim Jong-un met in Singapore to discuss North Korea’s nuclear program, building a peace regime on the Korean Peninsula, and the future of U.S. relations with North Korea (known officially as the Democratic People’s Republic of Korea, or DPRK). During their summit, the first-ever meeting between leaders of the two countries, Trump and Kim issued a brief joint statement in which Trump “committed to provide security guarantees to the DPRK,” and Kim “reaffirmed his firm and unwavering commitment to complete denuclearization of...
The Federal “Crime of Violence” Definition: Overview and Judicial Developments
In an effort to deter violent crime, and to limit the broad discretion accorded to federal judges with respect to prison sentencing, Congress in 1984 passed legislation that revised the federal criminal code. The Comprehensive Crime Control Act of 1984 (CCCA) aimed to substantially reform and improve federal criminal laws, and “to restore a proper balance between the forces of law and the forces of lawlessness.” To that end, the CCCA adopted new bail procedures, imposed mandatory minimum sentences for certain criminal offenses, increased the penalties for drug offenses and violent crimes,...
Iraqis are voting in national, regional, and provincial elections in 2018 as they seek to consolidate the country’s military victory over the Islamic State, rebuild shattered communities, and improve government performance. On May 12, Iraqi voters went to the polls to choose national legislators for four-year terms in the 329-seat Council of Representatives (COR), Iraq’s unicameral legislature. Turnout was lower in the 2018 COR election than in past national elections, but the United Nations Assistance Mission for Iraq (UNAMI) has stated that it was “largely peaceful and orderly” and has...
Some observers assert the financial crisis of 2007-2009 revealed that excessive risk had built up in the financial system, and that weaknesses in regulation contributed to that buildup and the resultant instability. In response, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203; the Dodd-Frank Act), and regulators strengthened rules under existing authority. Following this broad overhaul of financial regulation, some observers argue certain changes are an overcorrection, resulting in unduly burdensome regulation.
The Economic Growth, Regulatory...
Background Information on Health Coverage Options Addressed in Executive Order 13813
On October 12, 2017, President Trump issued Executive Order (E.O.) 13813, entitled “Promoting Healthcare Choice and Competition Across the United States.” E.O. 13813 directs specified agencies to consider regulatory or sub-regulatory approaches to expand access to three unrelated, private-sector health coverage options: association health plans (AHPs); short-term, limited-duration insurance (STLDI); and health reimbursement arrangements (HRAs). This report answers frequently asked questions (FAQs) about E.O. 13813 and subsequent rulemaking and provides background information about AHPs,...
FY2018 Military Construction Authorizations and Appropriations
On May 23, 2017, the Trump Administration delivered its first full budget proposal to the 115th Congress, a request that included $10.4 billion for military construction activities. Of this amount, the Administration requested $9.8 billion for military construction and family housing in the base budget, and $0.6 billion in Overseas Contingency Operations funds.
House and Senate negotiations on the annual National Defense Authorization Act, which authorizes funding for military construction projects for the Department of Defense, concluded early in November 2017. The final bill, H.R. 2810,...
Electronic Employment Eligibility Verification
Unauthorized immigration and unauthorized employment continue to be key issues in the ongoing debate over immigration policy. Today’s discussions about these issues build on the work of prior Congresses. In 1986, following many years of debate about unauthorized immigration to the United States, Congress passed the Immigration Reform and Control Act (IRCA). This law sought to address unauthorized immigration, in part, by requiring all employers to examine documents presented by new hires to verify identity and work authorization and to complete and retain employment eligibility...
Increase in Illicit Fentanyl Overdose Deaths
Fentanyl, heroin, and some prescription painkillers (such as morphine and oxycodone) belong to the class of drugs known as opioids, which act on receptors in the brain important in regulating pain and emotion. Opioids have susceptibility for abuse and potential for overdose. In 2016, more than 42,000 of the nearly 64,000 drug overdose deaths in the United States involved opioids. Led by fentanyl, a synthetic opioid 50-100 times more potent than morphine, synthetic opioids emerged as the leading cause of opioid-related overdose deaths in 2016. The steep increase in deaths involving fentanyl...
Tax Expenditures: Before and After the 2017 Tax Revision (P.L. 115-97)
Tax reform debates, including the debate surrounding the 2017 tax revision (P.L. 115-97), often consider the option of broadening the tax base in exchange for a reduction in statutory tax rates. One means of base-broadening is reducing or eliminating “tax expenditures,” or revenue losses attributable to special provisions in the tax code. Policymakers also evaluate tax expenditures from a federal budgeting perspective, as tax expenditures may be viewed as “spending through the tax code.” Though P.L. 115-97 makes major changes to the U.S. federal tax system, in aggregate, the change in the...
The American Opportunity Tax Credit: Overview, Analysis, and Policy Options
The American Opportunity Tax Credit (AOTC)—originally enacted on a temporary basis by the American Recovery and Reinvestment Act (ARRA; P.L. 111-5) and made permanent by the Protecting Americans from Tax Hikes Act (PATH; Division Q of P.L. 114-113)—is a partially refundable tax credit that provides financial assistance to taxpayers (or their children) who are pursuing a higher education. The credit, worth up to $2,500 per student, can be claimed for a student’s qualifying expenses incurred during the first four years of post-secondary education. In addition, 40% of the credit (up to...
FY2018 National Defense Authorization Act
The Trump Administration’s initial FY2018 budget request, released on May 23, 2017, included a total of $677.1 billion for the national defense budget function (Budget Function 050), which encompasses all defense-related activities of the federal government. Of that amount, $659.8 billion was for appropriation accounts for which authorization is provided in the annual National Defense Authorization Act (NDAA). The remainder of the request was either for mandatory funds not requiring annual authorization or for discretionary funds outside the scope of the NDAA.
That initial Administration...
Prioritizing Waterway Lock Projects: Barge Traffic Changes
Congress faces decisions about prioritizing new lock construction projects on the inland waterway system. As both houses debate differing versions of water resources and development bills (S. 2800, H.R. 8) and the FY2019 Energy and Water Development Appropriations bill (S. 2975, H.R. 5895), the decision about which of these projects could be undertaken first will likely be among the most controversial issues.
The inland waterway system supports barge transportation of heavy raw materials such as grain, coal, petroleum, and construction aggregates. The new locks are needed, according to the...
The Role of the Office of National Drug Control Policy (ONDCP)
ONDCP Mission and Responsibilities
The Office of National Drug Control Policy (ONDCP) is responsible for creating, implementing, and evaluating U.S. drug control policies to reduce the use, manufacturing, and trafficking of illicit drugs as well as drug-related health consequences, crime, and violence. ONDCP is located in the Executive Office of the President. It was created by the Anti-Drug Abuse Act of 1988 and most recently reauthorized by the Office of National Drug Control Policy Reauthorization Act of 2006. Authorization of appropriations for ONDCP expired at the end of FY2010, but...
The House Journal: Origin, Purpose, and Approval
The Journal of the House of Representatives is the official record of the chamber’s legislative actions. The Journal’s contents include the titles of introduced legislation, the results of votes, presidential veto messages, and any other matters the House deems to be official proceedings. Unlike the Congressional Record, it is not a transcript of debate. Rather, the Journal is a listing of House actions without the debate accompanying those actions.
The Constitution mandates that each House keep a journal of its proceedings (Art. 1, §5). The Constitution, House rules and practices, and, to...
Following the Money: Should Federal Law Require Litigants to Disclose Litigation Funding Agreements?
FBI Director Nominations, 1973-2017
The Director of the Federal Bureau of Investigation (FBI) is appointed by the President by and with the advice and consent of the Senate. The statutory basis for the present nomination and confirmation process was developed in 1968 and 1976, and has been used since the death of J. Edgar Hoover in 1972. From 1973 through 2017, eight nominations for FBI Director were confirmed, and two other nominations were withdrawn by the President before confirmation. The position of FBI Director has a fixed 10-year term, and the officeholder cannot be reappointed, unless Congress acts to allow a second...
Federal Aviation Administration (FAA) Reauthorization Issues and Debate in the 115th Congress
On April 27, 2018, the House of Representatives passed the FAA Reauthorization Act of 2018 (H.R. 4), a six-year Federal Aviation Administration (FAA) reauthorization measure that does not include a controversial proposal to privatize air traffic control laid (ATC) out in an earlier bill, H.R. 2997. On May 9, 2018, the Senate Committee on Commerce, Science and Transportation reported a four-year FAA reauthorization bill (S. 1405, S.Rept. 115-243) that does not address ATC privatization. The enactment of either bill would be the first long-term FAA reauthorization act since the FAA...
Discharge Petitions and the House Discharge Rule
Recent media reports have discussed an effort by some Representatives to use a discharge petition to schedule a floor vote on a resolution (a “special rule”) providing for House consideration of immigration legislation under a "Queen-of-the-Hill" amendment structure. This Insight discusses the principal features of the House discharge rule and links to additional reading material on the subject.
The House discharge rule, clause 2 of Rule XV, establishes a parliamentary mechanism whereby 218 Members of the House of Representatives—a majority of the chamber—can bring a bill or resolution to...
Prescription Drug Monitoring Programs
In the midst of national concern over the opioid epidemic, federal and state officials are paying greater attention to the manner in which opioids are prescribed. Nearly all prescription drugs involved in overdoses are originally prescribed by a physician (rather than, for example, being stolen from pharmacies). Thus, attention has been directed toward better understanding how opioids are being prescribed and preventing the diversion of prescription drugs after the prescriptions are dispensed.
Prescription drug monitoring programs (PDMPs) maintain statewide electronic databases of...
Venezuela’s 2018 Presidential Elections
On May 20, 2018, Venezuela held presidential elections that were boycotted by the Democratic Unity Roundtable (MUD) coalition of opposition parties and dismissed as illegitimate by the United States, the European Union (EU), and 14 Western Hemisphere nations (the Lima Group). According to the official results, President Nicolás Maduro of the United Socialist Party of Venezuela (PSUV) won reelection for a second six-year term with 67.7% of the vote amidst relatively high abstention (46% of voters participated). Maduro’s main opponent, Henri Falcón, former governor of Lara state, rejected...
The International Monetary Fund
The International Monetary Fund (IMF), conceived at the Bretton Woods conference in July 1944, is the multilateral organization focused on the international monetary system. Created in 1946 with 46 members, it has grown to include 189 countries. The IMF has six purposes that are outlined in Article I of the IMF Articles of Agreement: promoting international monetary cooperation; expanding the balanced growth of international trade; facilitating exchange rate stability; eliminating restrictions on the international flow of capital; ensuring confidence by making the general resources of the...
Federal Financing for the State Children’s Health Insurance Program (CHIP)
The State Children’s Health Insurance Program (CHIP) is a means-tested program that provides health coverage to targeted low-income children and pregnant women in families that have annual income above Medicaid eligibility levels but have no health insurance. CHIP is jointly financed by the federal government and the states, and the states are responsible for administering CHIP.
The federal government’s share of CHIP expenditures (including both services and administration) is determined by the enhanced federal medical assistance percentage (E-FMAP) rate. The E-FMAP varies by state;...
Wastewater Infrastructure: Overview, Funding, and Legislative Developments
The collection and treatment of wastewater remains among the most important public health interventions in human history and has contributed to a significant decrease in waterborne diseases during the past century. Nevertheless, waste discharges from municipal sewage treatment plants into rivers and streams, lakes, and estuaries and coastal waters remain a significant source of water quality problems throughout the country.
The Clean Water Act (CWA) establishes performance levels to be attained by municipal sewage treatment plants in order to prevent the discharge of harmful wastes into...
Department of Homeland Security Appropriations: FY2018
This report provides an overview and analysis of FY2018 appropriations for the Department of Homeland Security (DHS). The primary focus of this report is on congressional direction and funding provided to DHS through the appropriations process. It includes an Appendix with definitions of key budget terms used throughout the suite of Congressional Research Service reports on homeland security appropriations. It also directs the reader to other reports providing context for specific component appropriations.
As part of an overall budget that the Office of Management and Budget (OMB)...
Science and Technology Issues in the 115th Congress
Science and technology (S&T) have a pervasive influence over a wide range of issues confronting the nation. Public and private research and development spur scientific and technological advancement. Such advances can drive economic growth, help address national priorities, and improve health and quality of life. The constantly changing nature and ubiquity of science and technology frequently create public policy issues of congressional interest.
The federal government supports scientific and technological advancement directly by funding and performing research and development and...
Malaysia’s First Democratic Change of Government
In a nationwide parliamentary election on May 9, Malaysia underwent its first democratic change of government since it gained independence in 1959. Voters elected a coalition, Pakatan Harapan (PH), led by former Prime Minister Mahathir Mohamad. The coalition defeated the ruling Barisan Nasional coalition led by the United Malays National Organization (UMNO), a Malay-nationalist party that has dominated Malaysia’s politics since independence. Prime Minister Najib Razak, who had served since 2007, conceded the elections on May 10.
The election was a peaceful and democratic change of...
Credit Growth in the Current Expansion
Credit (debt) plays a crucial role in economic performance by funneling the funds of savers to borrowers. Up to a point, credit growth is necessary for healthy economic growth. But if credit grows too quickly, it can exacerbate economic instability by amplifying a financial boom and bust cycle. For example, the credit boom associated with the last decade’s housing bubble was followed by the 2007-2009 financial crisis, which featured a sharp contraction in credit that was both a cause and symptom of the Great Recession and the sluggish economic recovery that followed. As the economy has...
An estimated 25% of students ride school buses to school and school-related events annually. Nationwide, an average of six school bus passengers die each year in traffic crashes. School buses have the lowest death rate of any mode of transporting children to school in the United States. Yet incidents such as the fatal May 17 crash of a school bus and a dump truck in New Jersey may revive a debate about whether federal regulations could make school buses even safer. The National Transportation Safety Board is meeting on May 22 to consider a Special Investigation Report based on...
By the end of 2017, the People’s Republic of China (PRC) had the world’s largest number of internet users, estimated at over 750 million people. At the same time, the country has one of the most sophisticated and aggressive internet censorship and control regimes in the world. PRC officials have argued that internet controls are necessary for social stability, and intended to protect and strengthen Chinese culture. However, in its 2017 Annual Report, Reporters Without Borders (Reporters Sans Frontières, RSF) called China the “world’s biggest prison for journalists” and warned that the...
Indian Health Service (IHS) FY2019 Budget Request and Funding History: A Fact Sheet
The Indian Health Service (IHS) within the Department of Health and Human Services (HHS) is the lead federal agency charged with improving the health of American Indians and Alaska Natives. IHS provides health care for approximately 2.2 million eligible American Indians/Alaska Natives through a system of programs and facilities located on or near Indian reservations, and through contractors in certain urban areas. IHS provides services to members of 573 federally recognized tribes. It provides services either directly or through facilities and programs operated by Indian tribes or tribal...
U.S. and Global Trade Agreements: Issues for Congress
Congress plays a prominent role in shaping, debating, and approving legislation to implement trade agreements, and over the past three decades, bilateral and regional trade agreements (RTAs, or free trade agreements (FTAs) in the U.S. context) have become a primary source of new international trade liberalization commitments. The United States has historically pursued FTAs to open markets for U.S. goods, services, and agriculture, and establish trade rules and disciplines to enhance overall domestic and global economic growth. They are actively debated and can be contentious due to...
The Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155) passed the Senate on March 14, 2018. The bill generally aims to provide regulatory relief to banks, relax mortgage lending and capital formation rules, and provide additional consumer financial protections. The bill addresses a number of policy issues that are also addressed by the Financial CHOICE Act (H.R. 10), which was passed by the House on June 8, 2017, and other House bills that have been passed by the House or otherwise seen legislative action in the 115th Congress. The table below matches the policy...
Issues in Autonomous Vehicle Deployment
Legislation recently passed by the House of Representatives—H.R. 3388—and pending in the Senate—S. 1885—would provide new regulatory tools to the National Highway Traffic Safety Administration (NHTSA) to oversee autonomous vehicles. Autonomous vehicles are seen as a way to reduce motor vehicle crashes; for example, there were 37,461 deaths from motor vehicle crashes in 2016 and nearly all of them were caused by driver error. However, despite unanimous approval in House and Senate committees and on the House floor, the legislation has proven controversial in the wake of several high-profile...
Harry W. Colmery Veterans Educational Assistance Act of 2017 (P.L. 115-48)
Since the enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (Post-9/11 GI Bill; P.L. 110-252), Congress has enacted several bills aimed to improve it. Congress’s most recent effort to refine the Post-9/11 GI Bill and respond to stakeholder feedback is the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Colmery Act; P.L. 115-48), enacted on August 16, 2017. The Colmery Act enacted over 30 amendments to the Post-9/11 GI Bill and other programs administered by the Department of Veterans Affairs (VA). Most provisions become effective on enactment or on August...
The Social Security Administration (SSA) is responsible for administering two federal entitlement programs established under the Social Security Act that provide income support to individuals with severe, long-term disabilities: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI is a work-related social insurance program authorized under Title II of the act that provides monthly cash benefits to nonelderly disabled workers and their eligible dependents, provided the workers accrued a sufficient number of earnings credits during their careers in jobs...
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) requires that large employers either provide health coverage to full-time employees or face a potential assessment of an Employer Shared Responsibility Payment (ESRP). As explained in CRS Report R43981, The Affordable Care Act’s (ACA) Employer Shared Responsibility Determination and the Potential Employer Penalty, this “employer penalty” may be assessed by the Internal Revenue Service (IRS) if at least one of employer’s full-time employees obtains a premium tax credit or cost-sharing reduction through a health...
CRS Products on the North American Free Trade Agreement (NAFTA)
The North American Free Trade Agreement (NAFTA) is a free trade agreement among the United States, Canada, and Mexico that entered into force on January 1, 1994. NAFTA includes 8 parts consisting of 22 chapters and 2 side agreements. The main text of the agreement contains provisions on tariff and nontariff barrier elimination, customs procedures, energy, agriculture, technical barriers to trade, government procurement, foreign investments, services trade, temporary entry for business persons, intellectual property rights protection (IPR), and dispute resolution procedures. Two side...
Liberia: Political Transition and U.S. Relations
Liberia, a small coastal West African country on the Gulf of Guinea, has made substantial development gains since the end of the second of two civil wars (1989-1997 and 1999-2003). In late 2017, Liberia held its third post-war general election. George Weah, a former soccer star, won the presidential election in a runoff and was inaugurated on January 22, 2018. Weah succeeded two-term president Ellen Johnson Sirleaf, who was constitutionally prohibited from seeking a third term, in Liberia’s first electoral transfer of state executive power since 1944.
Weah’s policy agenda focuses on four...
Financial Regulation: The Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155)
The Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155) was passed by the Senate on March 14, 2018. The bill generally aims to provide regulatory relief to banks, relax mortgage lending rules, relax capital formation regulations, and provide additional consumer protections related to credit reporting and other areas. This Insight briefly highlights major policy proposals. For a more detailed examination, see CRS Report R45073, Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155) and Selected Policy Issues, coordinated by David W. Perkins.
Some...
FDA to Consider Whether and How to Lower Permissible Nicotine Levels in Cigarettes
On March 15, 2018, the U.S. Food and Drug Administration (FDA) issued an advance notice of proposed rulemaking (ANPRM) entitled Tobacco Product Standard for Nicotine Level of Combusted Cigarettes. FDA states that it is considering setting a maximum nicotine level for traditional (a.k.a. “combusted”) cigarettes in order to make them minimally addictive or nonaddictive. This notice begins what could be a complex, contentious, and multi-year process during which FDA will solicit public comments (the public comment period for the initial ANPRM will expire on June 14, 2018) and marry that...
Energy and Water Development: FY2018 Appropriations
The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps); the Department of the Interior’s Bureau of Reclamation (Reclamation) and Central Utah Project (CUP); the Department of Energy (DOE); the Nuclear Regulatory Commission (NRC); and several other independent agencies. DOE typically accounts for about 80% of the bill’s total funding.
President Trump submitted his FY2018 budget proposal to Congress on May 23, 2017. The budget requests for agencies included in the Energy and Water Development appropriations bill...
On May 6, 2018, Lebanon held its first legislative elections in nine years. The results showed that parties allied with Hezbollah increased their share of seats from roughly 44% to 53%. However, as in past Lebanese governments, rival parliamentary blocs will likely need to reach consensus in order to secure the passage of major policy initiatives.
The 128 seats in Lebanon’s parliament, known formally as the Chamber of Deputies, are divided evenly between Christians and Muslims. This reflects Lebanon’s broader political system in which power is divided among the country’s various religious...
Proposed CHIP Rescissions in the Trump Administration’s Rescission Request
On Tuesday, May 8, 2018, the Trump Administration submitted to Congress a proposal for 38 rescissions of budget authority, totaling $15.4 billion. In their transmission, the Office of Management and Budget stated that these rescissions were transmitted pursuant to Section 1012 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 683). The proposal includes $7.0 billion in rescissions from the State Children’s Health Insurance Program (CHIP), which is a means-tested program that provides health coverage to targeted low-income children and pregnant women in families that...
Defining Broadband: Minimum Threshold Speeds and Broadband Policy
Broadband—whether delivered via fiber, cable modem, copper wire, satellite, or mobile wireless—is increasingly the technology underlying telecommunications services such as voice, video, and data. Since the initial deployment of high-speed internet in the late 1990s, broadband technologies have been deployed throughout the United States primarily by the private sector. These providers include telephone, cable, wireless, and satellite companies as well as other entities that provide commercial telecommunications services to residential, business, and institutional customers.
How broadband...
Federal Crop Insurance: Program Overview for the 115th Congress
Since its inception in 1938, the federal crop insurance program has evolved from an ancillary program with low participation to a central pillar of federal support for agriculture. From 2007 to 2016, the federal crop insurance title had the second-largest outlays in the farm bill after nutrition. The total net cost of the program for crop years 2007-2016 was about $72 billion, of which $43 billion (60%) was of direct benefit to producers, $28 billion (39%) went to private insurers, and $754 million (1%) went to the Risk Management Agency (RMA) within the U.S. Department of Agriculture...
The Enactment of Appropriations Measures During Lame Duck Sessions
Eleven of the past 12 Congresses, covering the 103rd Congress through the 114th Congress, have concluded with a lame duck session. (No such session occurred in 1996, during the 104th Congress.) Under contemporary conditions, any meeting of Congress that occurs between a congressional election in November and the following January 3 is a lame duck session. The significant characteristic of a lame duck session is that its participants are the sitting Members of the existing Congress, not those who will be entitled to sit in the new Congress.
The enactment of appropriations measures has been...
After two weeks of political upheaval, Armenia has a new prime minister, Nikol Pashinian, a former opposition leader, parliamentary deputy, and journalist. Many observers believe this development has the potential to transform politics in Armenia, a small, landlocked Russian ally in the South Caucasus that also has enjoyed a history of U.S. and European support.
A Changing Political Landscape
On April 23, 2018, Serzh Sargsyan, Armenia’s president from 2008 to early April 2018, unexpectedly resigned from his new post as prime minister amid growing protests. The next week, the ruling...
Oil and Gas Activities Within the National Wildlife Refuge System
Oil- and gas-related wells are documented in 110 (approximately 18%) of the 605 units of the National Wildlife Refuge System (NWRS). The U.S. Fish and Wildlife Service (FWS), in the Department of the Interior (DOI), administers the NWRS, which includes primarily national wildlife refuges, along with wetland management districts and waterfowl production areas. The wells in the NWRS most commonly involve nonfederal oil and gas resources but sometimes encompass federal resources. Oil and gas development in the NWRS has the potential to adversely impact wildlife and/or the environment, and...
U.S. Foreign Assistance to Latin America and the Caribbean: FY2018 Appropriations
The United States provides foreign assistance to the nations of Latin America and the Caribbean to support development and other U.S. objectives. U.S. policymakers have emphasized different strategic interests in the region at different times, from combating Soviet influence during the Cold War to promoting democracy and open markets since the 1990s. Over the past year, the Trump Administration has sought to reduce foreign aid significantly and refocus U.S. assistance efforts in the region to address U.S. domestic concerns, such as irregular migration and transnational crime.
FY2018...
U.S. Decision to Cease Implementing the Iran Nuclear Agreement
On May 8, 2018, President Donald Trump announced that his Administration would cease implementing U.S. commitments under the 2015 multilateral Joint Comprehensive Plan of Action (JCPOA) with Iran and reimpose all U.S. sanctions that were in place prior to the JCPOA. His announcement made reference to his previous statements on the issue, including an October 13, 2017, announcement of U.S. strategy on Iran and a January 12, 2018, statement pledging to leave the agreement unless Congress and U.S. allies acted to address the full range of U.S. concerns on Iran. In his May 8 and earlier...
Science, Technology, and Innovation Policy: CRS Experts
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cience, technology, and innovation (STI) play important roles in the nation’s economic and military strength, public health and safety, and the quality of our lives. Individuals, companies, governments, universities, and other organizations fund, conduct, disseminate, and acquire science and technology for a myriad of purposes. Among the purposes: providing for the national defense and homeland security; improving manufacturing processes and enabling the manufacture of new products; developing new materials; advancing computing and communications tools; preventing and treating disease,...
How FDA Approves Drugs and Regulates Their Safety and Effectiveness
The Food and Drug Administration (FDA), a regulatory agency within the Department of Health and Human Services, regulates the safety and effectiveness of drugs sold in the United States. FDA divides that responsibility into two phases. In the preapproval (premarket) phase, FDA reviews manufacturers’ applications to market drugs in the United States; a drug may not be sold unless it has FDA approval. Once a drug is on the market, FDA continues its oversight of drug safety and effectiveness. That postapproval (postmarket) phase lasts as long as the drug is on the market. Beginning with the...
FY2018 Appropriations for Department of Justice Grant Programs
Each year, Congress and the Administration provide funding for a variety of grant programs through the Department of Justice (DOJ). These programs are used to fund state, local, and tribal governments and nonprofit organizations for a variety of criminal justice-related purposes, such as efforts to combat violence against women, reduce backlogs of DNA evidence, support community policing, assist crime victims, promote prisoner reentry, and improve the functioning of the juvenile justice system. These programs are funded through five accounts in the annual Commerce, Justice, Science, and...
Is the U.S. Economy Growing Faster? Can It Grow Faster?
The current economic expansion has been characterized by slower economic growth than the preceding 10 expansions. At 2.2%, average annual growth in this expansion has been slower than in the preceding 10 expansions (see Figure 1). President Trump has pledged to increase growth to 3%, an increase of 0.8 percentage points. This Insight examines recent economic growth and factors that could foster or hinder a higher rate in the future.
Recent Economic Growth
Economic growth is the predominant measure of the change in material living standards. It is the increase in the production of goods and...
Cuba Sanctions: Legislative Restrictions Limiting the Normalization of Relations
U.S. economic sanctions on Cuba date back to the early 1960s when the Cuban government under Fidel Castro began to build a repressive communist dictatorship and aligned with the Soviet Union. The trade embargo was first imposed in 1962 under the authority of the Foreign Assistance Act of 1961 and the Trading with the Enemy Act and soon broadened to include a prohibition on most financial transactions with Cuba. In 1963, the Department of the Treasury issued the Cuban Assets Control Regulations (CACR); they remain the main body of embargo regulations today, and have been amended many times...
The legal procedure through which the United States withdraws from treaties and other international agreements has been the subject of long-standing debate between the legislative and executive branches. Recently, questions concerning the role of Congress in the withdrawal process have arisen in response to President Donald J. Trump’s actions related to certain high-profile international commitments. This report outlines the legal framework for withdrawal from international agreements under domestic and international law, and it applies that framework to two pacts that may be of...
College and University Endowments: Overview and Tax Policy Options
Colleges and universities maintain endowments to directly support their activities as institutions of higher education. Endowments are typically investment funds, but may also consist of cash or property. Current tax law benefits endowments and the accumulation of endowment assets. Generally, endowment fund earnings are exempt from federal income tax. The 2017 tax revision (P.L. 115-97), however, imposes a new 1.4% excise tax on the net investment earnings of certain college and university endowments. Taxpayers making contributions to college and university endowment funds may be able to...
Trump-Abe Meeting and Prospects for U.S.-Japan Trade Talks
Overview
Since coming into office, the Trump Administration has expressed concerns about the U.S. trade deficit with Japan and an interest in talks on a bilateral free trade agreement (FTA), a move Japan has resisted. On April 17-18, 2018, President Trump and Prime Minister Abe held a summit to discuss U.S.-Japan relations and regional security issues. Trade was a highly anticipated subject of the meeting.
Several recent trade developments posed an important backdrop to the meeting. In early March, Japan with 10 other countries, not including the United States, signed the Comprehensive...
Congressional Debate on FAA Reauthorization Charts New Legislative Path
On April 27, 2018, the House passed the FAA Reauthorization Act of 2018 (H.R. 4), a six-year reauthorization measure that does not include a controversial proposal laid out in an earlier bill, H.R. 2997, to privatize air traffic control. The measure now proceeds to the Senate, where the Commerce, Science, and Transportation Committee ordered to be reported a four-year Federal Aviation Administration (FAA) reauthorization (S. 1405) that does not address air traffic control privatization. Despite similarities, there are also differences in the two bills, including the length of...
Section 232 Steel and Aluminum Tariffs: Potential Economic Implications
On March 23, the United States began applying 25% and 10% tariffs, respectively, on certain steel and aluminum imports. The Administration has stated it is open to discussing terms for permanent exemptions from the tariffs for U.S. trading partners, based on addressing the perceived threat to national security. Pending such negotiations, U.S. imports of steel and aluminum from Argentina, Australia, Brazil, Canada, Mexico, South Korea, and the European Union were initially exempt from the tariffs until May 1. On April 30, the President extended for 30 days the temporary exemption from the...
High Intensity Drug Trafficking Areas (HIDTA) Program
Drug trafficking is a significant public health and safety threat facing the United States. The federal government has taken a variety of actions aimed at countering this threat. These have ranged from giving law enforcement more tools for combatting traffickers to establishing programs and initiatives to reduce the supply of and demand for illegal drugs. Within the larger framework of the federal government’s efforts to counter drug trafficking is the High Intensity Drug Trafficking Areas (HIDTA) program. The program supports multiagency activities ranging from enforcement initiatives...
Commerce, Justice, Science and Related Agencies (CJS) FY2018 Appropriations: Trade-Related Agencies
This report tracks and provides an overview of actions taken by the Administration and Congress to provide FY2018 appropriations for the International Trade Administration (ITA), the U.S. International Trade Commission (USITC), and the office of the United States Trade Representative (USTR). These three trade-related agencies are funded through the annual Commerce, Justice, Science, and Related Agencies (CJS) appropriations act. This report also provides an overview of three trade-related programs administered by ITA, USITC, and USTR.
The Consolidated Appropriations Act, 2017 (P.L....
This report, in light of continued Senate interest in the judicial confirmation process during a President’s first year in office, provides statistics related to the nomination and confirmation of U.S. circuit and district court nominees during the first year of the Trump presidency (as well as during the first year of each of his three immediate predecessors—Presidents Barack Obama, George W. Bush, and Bill Clinton).
Some of the report’s findings regarding circuit court nominations include the following:
The number of U.S. circuit court vacancies decreased by 1, from 17 to 16, during the...
Farm Bill Programs Without a Budget Baseline Beyond FY2018
The 2014 farm bill (the Agricultural Act of 2014, P.L. 113-79) provided mandatory funding for many programs. Some of these programs have a budget baseline beyond the end of the farm bill in FY2018, while others do not. The Congressional Budget Office (CBO) baseline is a projection at a particular point in time of what future federal spending on mandatory programs would be under current law. This baseline is the benchmark against which proposed changes in law are measured. This report identifies mandatory programs in the 2014 farm bill that lack a budget baseline and explains the...
As expected, Cuban President Raúl Castro stepped down from power on April 19, 2018, and the communist government’s 605-member National Assembly of People’s Power selected First Vice President Miguel Díaz-Canel Bermúdez as president of the Council of State. Pursuant to Cuba’s Constitution (Article 74), the president of the Council of State is also Cuba’s head of state and government. Castro, currently 86 years old, just finished his second five-year term as president. He will remain in his position as first secretary of the Cuban Communist Party (PCC), which could give him continued...
FY2018 Appropriations for the Department of Justice
The Department of Justice (DOJ) was established in 1870 with the Attorney General as its leader. Since its creation, DOJ has added additional agencies, offices, boards, and divisions to its organizational structure. DOJ, along with the judicial branch, operates the federal criminal justice system. The department enforces federal criminal and civil laws, including antitrust, civil rights, environmental, and tax laws. Through agencies such as the Federal Bureau of Investigation (FBI); the Drug Enforcement Administration (DEA); and the Bureau of Alcohol, Tobacco, Firearms, and Explosives...
Electric Reliability and Power System Resilience
Electricity is vital to the commerce and daily functioning of the United States. Nowhere has this been demonstrated more significantly than in Puerto Rico and the U.S. Virgin Islands where the effects of the widespread loss of electricity after Hurricane Maria are still being felt. Subsequently, there has been much discussion about electric system reliability, and how electric systems can improve resiliency. And while the effects were not as catastrophic, the impacts of the Bomb Cyclone in January 2018 caused some to question whether the increasing retirements of coal and nuclear power...
Overview of FY2018 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)
This report describes actions taken by the Administration and Congress to provide FY2018 appropriations for the Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of FY2017 appropriations for agencies and bureaus funded as part of annual CJS appropriations.
Division B of the Consolidated Appropriations Act, 2017 (P.L. 115-31) provided a total of $66.360 billion (which includes $109 million in emergency-designated funding) for CJS. Under the act, the Department of Commerce received $9.237 billion, the Department of Justice received $28.962 billion,...
Fatherhood Initiatives: Connecting Fathers to Their Children
Long-standing research indicates that children raised in one-parent homes are more likely than children raised in homes with both biological parents to do poorly in school, have emotional and behavioral problems, become teenage parents, and have poverty-level incomes as adults. In an effort to improve the long-term outlook for children in one-parent homes, federal, state, and local governments, along with public and private organizations, have supported programs and activities that promote the financial and personal responsibility of noncustodial parents to their children and reduce the...
Unemployment and Employment Programs Available to Workers Affected by Disasters
The federal government supports several programs that can provide assistance to workers who lose their jobs as a result of a natural or other disaster. In many cases, disaster-affected workers will be served by permanent programs and systems that generally provide assistance to workers who involuntarily lose their jobs. In some cases, disaster-triggered federal supports may be made available to provide additional assistance or aid to workers who do not qualify for assistance under the permanent programs.
This report discusses two income support programs and two workforce service programs....
Establishment of Task Force on the U.S. Postal Service
On April 12, 2018, President Donald Trump established a task force on the U.S. Postal Service via Executive Order (EO) 13829. Under the EO, the task force must evaluate and provide a report on the following: the expansion and pricing of package delivery services; letter mail volume decline; the definition of the universal service obligation” (USO); the role of USPS in rural areas; and USPS’s business model and operations. This CRS Insight discusses the task force and the topics the task force is directed to address. It concludes with potential issues for congressional consideration....
Abortion At or Over 20 Weeks’ Gestation: Frequently Asked Questions
Legislation at the federal and state levels seeking to limit or ban abortions in midpregnancy has focused attention on the procedure and the relatively small number of women who choose to undergo such an abortion. According to the Guttmacher Institute, about 926,200 abortions were performed in 2014; 1.3% of abortions were performed at or over 21 weeks’ gestation in 2013. A 2018 National Academies of Sciences, Engineering, and Medicine study found that most women who have abortions are unmarried (86%), are poor or low-income (75%), are under age 30 (72%), and are women of color...
During the events of September 11, 2001 (9/11), first responders could not communicate with each other. Some radios did not work in the high-rise World Trade Center; radio channels were overloaded by the large number of responders trying to communicate; and public safety radio systems operated on various frequencies and were not interoperable. There were also non-technical issues. Officials struggled to coordinate the multi-agency response, and to maintain command and control of the numerous agencies and responders.
The 9/11 Commission called for the “expedited and increased assignment of...
OPEC and Non-OPEC Crude Oil Production Agreement: Compliance Status
On November 30, 2016—in an effort to stabilize declining oil prices—the Organization of the Petroleum Exporting Countries (OPEC) announced an agreement whereby 11 of the then-active 13 members would reduce crude oil production by approximately 1.2 million barrels per day (bpd) for 6 months starting January 1, 2017. On December 10, 2016, OPEC announced that 11 non-OPEC countries, led by Russia, had joined the agreement by pledging to further reduce oil production by 558,000 bpd. This “Declaration of Cooperation” to collectively reduce oil production by approximately 1.7 million bpd has been...
White House Directs EPA to Review Air Quality Standards and Permitting Process
A new White House memorandum directs the U.S. Environmental Protection Agency (EPA) to review and streamline Clean Air Act implementation. Its stated aims are to protect air quality “while reducing unnecessary impediments to new manufacturing and business expansion.”
Since 2011, congressional actions on air quality issues have centered on EPA’s regulatory authority, including EPA’s 2015 revision to ozone air quality standards. Two recent bills—H.R. 806 and S. 263—would, among other things, delay designation of areas not meeting the ozone standards and extend EPA’s review period for air...
U.S. Funding to the United Nations System: Overview and Selected Policy Issues
Members of Congress are responsible for authorizing and appropriating U.S. funding to the United Nations (U.N.) system. Over the years, congressional interest in U.N. funding has largely focused on three key questions: What are appropriate levels of U.S. funding to U.N. entities? Are U.S. contributions used as efficiently and effectively as possible? How, if at all, should the United States leverage U.S. contributions to achieve its policy priorities in U.N. bodies? U.N. System Funding The U.N. system is made up of interconnected entities including specialized agencies, funds and...
The Consumer Product Safety Act: A Legal Analysis
The Consumer Product Safety Commission (CPSC or Commission) was established in 1972 by the Consumer Product Safety Act (CPSA) “to protect the public against unreasonable risks of injury associated with consumer products.” The CPSC is empowered to meet this objective through a blend of consumer monitoring, research, investigations, safety standard-setting, and enforcement powers. The Commission’s jurisdiction under the CPSA is largely governed by the definition of “consumer product,” which is broad in scope, although a number of products that generally are regulated by other federal...
U.S. Trade with Free Trade Agreement (FTA) Partners
During the Obama Administration, the United States negotiated two mega-regional free trade agreements that its participants argued were comprehensive and high-standard: the Trans-Pacific Partnership (TPP) among the United States and 11 other countries, and the U.S.-European Transatlantic Trade and Investment Partnership (T-TIP). The 12 TPP countries signed the agreement in February 2016, but the agreement required ratification by each country before it could enter into force. In the United States, this required implementing legislation by Congress. Upon taking office, President Trump...
Transatlantic Perspectives on Defense Innovation: Issues for Congress
The North Atlantic Treaty Organization (NATO) has a renewed focus on defense and deterrence in Europe. In the past, NATO relied at least in part on its military technological superiority over potential adversaries for defense and deterrence in Europe, but some policymakers are increasingly concerned that NATO’s technological superiority is eroding.
Russia, China, and others are modernizing their militaries, investing in new and emerging technologies, and exploring their applications for defense. In addition, NATO faces rising operating costs, and both conventional and hybrid challenges in...
Work Authorization for H-4 Spouses of H-1B Temporary Workers: Frequently Asked Questions
H-4 nonimmigrant visas allow spouses and unmarried children (under 21 years of age) of H-1B temporary workers to join them in the United States. Eligibility for employment authorization for H-4 nonimmigrants was instituted by regulation in 2015 and is limited to those whose spouses are H-1B nonimmigrants who are in the process of obtaining employment-based lawful permanent resident (LPR) status.
The Trump Administration is proposing to rescind this regulation, thus removing eligibility for work authorization for H-4 nonimmigrants. Congress has expressed interest in the background and...
Cross-Border Data Sharing Under the CLOUD Act
Law enforcement officials in the United States and abroad increasingly seek access to electronic communications, such as emails and social media posts, stored on servers and in data centers in foreign countries. Because the architecture of the internet allows technology companies to store data at a great distance from the physical location of their customers, electronic communications that could serve as evidence of a crime often are not housed in the same country where the crime occurred. This disconnect has caused governments around the world, including the United States, to seek data...
The Earned Income Tax Credit (EITC): Administrative and Compliance Challenges
The Earned Income Tax Credit (EITC) is a refundable tax credit available to eligible workers earning relatively low wages. Since the credit is refundable, an EITC recipient need not owe taxes to receive the benefit. Hence, many low-income workers, especially those with children, can receive significant financial assistance from this tax provision.
Studies indicate that a relatively high proportion of EITC payments are issued incorrectly. The Treasury Department estimates that in FY2017 between 21.9% and 25.8% of EITC payments—between $14.9 billion and $17.6 billion—were issued improperly....
Financial Services and General Government (FSGG) FY2018 Appropriations: Overview
The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and more than two dozen independent agencies. The House and Senate FSGG bills fund the same agencies, with one exception. The Commodity Futures Trading Commission (CFTC) is funded through the Agriculture appropriations bill in the House and the FSGG bill in the Senate.
President Trump submitted his FY2018 budget request on May 23, 2017. The request included a total of $45.2...
Australia, China, and the Indo-Pacific
Recent debate in Australia on regional strategic challenges has focused on China’s rising influence, the durability of the U.S.-Australian alliance, and how Australia should respond and position itself relative to related changes in Indo-Pacific power dynamics. This debate is framed by increasing concern in Australia about the influence of China and those who promote its interests, despite the fact that China remains a key economic and trade partner. Australia’s outlook is also affected by uncertainty about the Trump Administration’s transactional approach to the alliance with Australia...
China-India Great Power Competition in the Indian Ocean Region: Issues for Congress
The Indian Ocean Region (IOR), a key geostrategic space linking the energy-rich nations of the Middle East with economically vibrant Asia, is the site of intensifying rivalry between China and India. This rivalry has significant strategic implications for the United States. Successive U.S. administrations have enunciated the growing importance of the Indo-Pacific region to U.S. security and economic strategy. The Trump Administration’s National Security Strategy of December 2017 states that “A geopolitical competition between free and repressive visions of world order is taking place in...
The Senate “Two-Hour Rule” Governing Committee Meeting Times
Paragraph 5(a) of Senate Rule XXVI, sometimes referred to as the “two-hour rule,” restricts the times that most Senate committees and subcommittees can meet when the full Senate is in session. The rule is intended to help balance the Senate’s committee and floor work and to minimize the logistical conflicts that Senators face between participating in committee hearings and markups and attending to their duties on the chamber floor.
Under the terms of the rule, no Senate committee or subcommittee (except the Committees on Appropriations and Budget and their subcommittees) can meet after...
The Mental Health Workforce: A Primer
Congress has held hearings and some Members have introduced legislation addressing the interrelated topics of the quality of mental health care, access to mental health care, and the cost of mental health care. The mental health workforce is a key component of each of these topics. The quality of mental health care depends partially on the skills of the people providing the care. Access to mental health care relies on, among other things, the number of appropriately skilled providers available to provide care. The cost of mental health care depends in part on the wages of the people...
The Economic Effects of Trade: Overview and Policy Challenges
During the Obama Administration, the United States negotiated two comprehensive and high-standard mega-regional free trade agreements: the Trans-Pacific Partnership (TPP) among the United States and 11 other countries, and the U.S.-European Transatlantic Trade and Investment Partnership (T-TIP). The 12 TPP countries signed the agreement in February 2016, but the agreement required ratification by each country before it could enter into force. In the United States this requires implementing legislation by Congress. Upon taking office, President Trump withdrew the United States from the TPP...
France and U.S.-French Relations: In Brief
French President Emmanuel Macron took office in May 2017 promising to shake up a political system he characterized as out of touch, revive the stagnant French economy, and revitalize French leadership of the 28-member European Union (EU). Since that time, he has sought to advance a centrist, reform-oriented domestic agenda while pursuing a “traditional” French foreign and defense policy that emphasizes European integration and a strong French presence in global affairs.
Although Macron has the support of a solid majority in the French parliament, he faces challenges in advancing his...
A Peace Treaty with North Korea?
This report explores the possiblity of concluding a peace treaty with North Korea. Also known as a peace settlement or peace mechanism. North Korea always wants bilateral negotiations with the United States, but a peace treaty would require China, the other signator of the armistice that ended the Korean War. The United Nations Command, or UNC, would also be involved in negotiations. In the Six-Party talks, this idea was explored but fell apart, as it was in Four-Party Talks. Japan and Russia would also be concerned with any peace settlement. South Korean president Moon Jae-in has...
Legislative Branch: FY2018 Appropriations
The legislative branch appropriations bill provides funding for the Senate; House of Representatives; Joint Items; Capitol Police; Office of Compliance; Congressional Budget Office (CBO); Architect of the Capitol (AOC); Library of Congress (LOC), including the Congressional Research Service (CRS); Government Publishing Office (GPO); Government Accountability Office (GAO); Open World Leadership Center; and the John C. Stennis Center.
The FY2018 legislative branch budget request of $4.865 billion was submitted on May 23, 2017. In general, FY2018 legislative branch budget requests were...
U.S. Farm Commodity Support: An Overview of Selected Programs
Federal efforts to bolster farm household incomes and the rural economy by providing support to producers of key crops has been a central pillar of U.S. farm policy since such programs were first introduced in the 1930s. Current farm support programs are counter-cyclical in design—that is payments are triggered when the annual market price for an eligible crop drops below a statutory minimum or when revenue is below a guaranteed level. The farm commodity program provisions in Title I of the Agricultural Act of 2014 (P.L. 113-79, the 2014 farm bill) consists of three types of support for...
Department of Housing and Urban Development (HUD): FY2019 Budget Request Fact Sheet
Overview of FY2019 President’s Budget request for the Department of Housing and Urban Development (HUD).
The National Flood Insurance Program (NFIP), Reinsurance, and Catastrophe Bonds
Insurance generally serves to transfer risk from one entity who does not want to bear that risk to another entity that does. An initial insurance purchase, such as homeowners buying a policy to cover damage to their home, however, is often only the first transfer of that risk. The initial (or primary) insurer may then transfer (or cede) some or all of this risk to another company or investor, such as a reinsurer. Such risk transfers are, on the whole, a net cost for primary insurers, just as purchasing insurance is a net cost for homeowners.
The Homeowner Flood Insurance Affordability Act...
The Orderly Liquidation Authority: Reform Proposals
The Orderly Liquidation Authority (OLA) was created by Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203; Dodd-Frank) to allow the Federal Deposit Insurance Corporation (FDIC) to resolve certain failing financial institutions whose collapse could threaten the stability of the financial system. Although OLA has never been used, it has become the subject of a number of reform proposals. This Insight briefly describes the OLA and two prominent examples of such proposals.
Overview
A failed company (banks and insurance companies are notable exceptions) will...
Comparing DHS Component Funding, FY2018: In Brief
Generally, the homeland security appropriations bill includes all annual appropriations for the Department of Homeland Security (DHS), providing resources to every departmental component. Table 1 and Figure 1 show DHS’s new discretionary budget authority enacted for FY2017 and requested by the Administration for FY2018, as well as the House committee-reported response, broken down by component—from largest to smallest appropriations request.
(TO BE SUPPRESSED) Department of Homeland Security DHS budget Appropriations FY2017, FY2018 funding analysis H.R. 3355 H.Rept. 115-239 H.R. 3354 P.L....
U.S-Vietnam Economic and Trade Relations: Key Issues in 2018
President Trump’s decision in January 2017 to withdraw the United States from the proposed Trans-Pacific Partnership (TPP) trade agreement removed a major focus of trade relations with the Socialist Republic of Vietnam (Vietnam) since 2008. As a result, trade relations are likely to refocus onto various bilateral trade issues such as the rising U.S. bilateral merchandise trade deficit with Vietnam, Vietnam’s desire to be recognized as a market economy, and various elements of each nation’s trade policies and regulations. Congress may play a role in each of these trade issues.
Over the...
OMB and Treasury Agree on Process for Issuing New Tax Rules
UPDATE: On April 12, 2018, the Department of the Treasury and the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) announced that they reached an agreement on the issue of OIRA review of Internal Revenue Service (IRS) rules. The two agencies signed a new memorandum of agreement (MOA), under which OIRA will review certain significant tax regulations under a specified time limit—generally, not longer than 45 days, but with the potential for an expedited review of up to 10 business days. In addition, within one year after the date of the...
Department of State, Foreign Operations, and Related Programs: FY2018 Budget and Appropriations
Nearly six months after the start of FY2018, the 115th Congress enacted the Consolidated Appropriations Act, 2018 (H.R. 1625; P.L. 115-141, signed March 23, 2018), which provided FY2018 funding for the Department of State, Foreign Operations, and Related Programs (SFOPS). Division K of the actState, Foreign Operations, and Related Programs (SFOPS) provided a total of $54.18 billion, including Overseas Contingency Operations (OCO) funds and rescissions. This represented a decrease of 6.1% from the FY2017 actual funding level. Of the total, $16.22 billion (not including rescissions) was for...
Offshore Oil and Gas Development: Legal Framework
The development of offshore oil, gas, and other mineral resources in the United States is impacted by a number of interrelated legal regimes, including international, federal, and state laws. International law provides a framework for establishing national ownership or control of offshore areas, and domestic federal law mirrors and supplements these standards.
Governance of offshore minerals and regulation of development activities are bifurcated between state and federal law. Generally, states have primary authority in the area extending three geographical miles from their coasts. The...
Regulatory Reform 10 Years After the Financial Crisis: Dodd-Frank and Securities Law
From 2007-2009, the United States experienced what many commentators believe was the worst economic crisis since the Great Depression. In the wake of the crisis, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) in 2010. Title IX of Dodd-Frank, entitled “Investor Protections and Improvements to the Regulation of Securities,” focuses on the powers and authorities of the Securities and Exchange Commission (SEC) and authorizes the SEC to promulgate certain rules intended to enhance corporate accountability and corporate governance. This report...
Softwood Lumber Imports from Canada: Current Issues
Softwood lumber imports from Canada have been a persistent concern for Congress for decades. Canada is an important trading partner for the United States, but lumber production is a significant industry in many states. U.S. lumber producers claim they are at an unfair competitive disadvantage in the domestic market against Canadian lumber producers because of Canada’s timber pricing policies. This has resulted in five major disputes (so-called lumber wars) between the United States and Canada since the 1980s.
The current dispute (Lumber V) started when the 2006 Softwood Lumber Agreement...
When large, interconnected financial institutions become distressed, policymakers have historically faced a choice between (1) a taxpayer-funded bailout, and (2) the destabilization of the financial system—a dilemma that commentators have labeled the “too-big-to-fail” (TBTF) problem. The 2007-2009 financial crisis highlighted the significance of the TBTF problem. During the crisis, a number of large financial institutions experienced severe distress, and the federal government committed hundreds of billions of dollars in an effort to rescue the financial system. According to some...
U.S. Senate Vacancies: Contemporary Developments and Perspectives
United States Senators serve a term of six years. Vacancies occur when an incumbent Senator leaves office prematurely for any reason; they may be caused by death or resignation of the incumbent, by expulsion or declination (refusal to serve), or by refusal of the Senate to seat a Senator-elect or -designate.
Aside from the death or resignation of individual Senators, Senate vacancies often occur in connection with a change in presidential administrations, if an incumbent Senator is elected to executive office, or if a newly elected or reelected President nominates an incumbent Senator or...
Class Action Lawsuits: A Legal Overview for the 115th Congress
A class action is a procedure by which a large group of entities (known as a “class”) may challenge a defendant’s allegedly unlawful conduct in a single lawsuit, rather than through numerous, separate suits initiated by individual plaintiffs. In a class action, a plaintiff (known as the “class representative,” the “named representative,” or the “named plaintiff”) may sue the defendant not only on his own behalf, but also on behalf of other entities (the “class members”) who are similarly situated to the class representative in order to resolve any legal or factual questions that are common...
An Overview of Discretionary Reprieves from Removal: Deferred Action, DACA, TPS, and Others
Since at least the 1970s, immigration authorities in the United States have sometimes exercised their discretion to grant temporary reprieves from removal to non-U.S. nationals (aliens) present in the United States in violation of the Immigration and Nationality Act (INA). Well-known types of reprieves include deferred action, Deferred Action for Childhood Arrivals (DACA), and Temporary Protected Status (TPS). The authority to grant some types of discretionary reprieves from removal, including TPS, comes directly from the INA. The authority to grant other types of reprieves generally...
The Bipartisan Budget Act of 2018 and an FY2019 Budget Resolution
The Bipartisan Budget Act of 2018 (BBA 2018, P.L. 115-123), enacted February 9, 2018, amended the statutory discretionary spending limits for FY2018 and FY2019. BBA 2018 comprised several other components as well, one of which was related to a congressional budget resolution for FY2019. These BBA 2018 “budget resolution” provisions (which may be referred to as a “deemer” or a budget resolution substitute) provide the House and Senate with enforceable levels of spending and revenue for FY2019 in ways that a “traditional” budget resolution would. While it is not unusual for Congress to...
A balanced budget amendment (BBA) proposes to amend the U.S. Constitution to require that “outlays shall not exceed revenues.” Constitutional amendments require a two-thirds vote of approval in both houses of Congress as well as ratification by three-fourths of the states.
Common Components of BBAs
Proposed BBAs have historically included additional provisions that may be as contentious as the requirement that outlays not exceed revenues. Such provisions are summarized below.
Supermajority vote threshold for permitting outlays to exceed receipts. These provisions typically require a...
The Smart Grid: Status and Outlook
The electrical grid in the United States comprises all of the power plants generating electricity, together with the transmission and distribution lines and systems that bring power to end-use customers. The “grid” also connects the many publicly and privately owned electric utility and power companies in different states and regions of the United States. However, with changes in federal law, regulatory changes, and the aging of the electric power infrastructure as drivers, the grid is changing from a largely patchwork system built to serve the needs of individual electric utility...
Residential Energy Tax Credits: Overview and Analysis
Currently, on their 2017 federal income tax return, taxpayers may be able to claim two tax credits for residential energy efficiency. The nonbusiness energy property or “Section 25C” credit expired at the end of 2017. The residential energy efficient property or “Section 25D” credit is scheduled to expire at the end of 2021.
The nonbusiness energy property tax credit (Internal Revenue Code [IRC] §25C) provides homeowners with a tax credit for investments in certain high-efficiency heating, cooling, and water-heating appliances, as well as tax credits for energy-efficient windows and doors....
Business Investment Spending Slowdown
Business capital investment spending is composed of private spending on nonresidential structures (e.g., factories), equipment (e.g., machinery), and intellectual property products (e.g., software). Business investment is a key determinant of economic growth. When businesses add to the capital stock, the value of goods and services (i.e., gross domestic product [GDP]) the economy can produce increases. One reason that economic growth has been lower in the last decade is because business investment spending has grown more slowly. Boosting investment spending was one of the key goals of the...
Sexual Harassment and Title VII: Selected Legal Issues
Title VII of the Civil Rights Act of 1964 (Title VII) generally prohibits discrimination in the workplace, but does not contain an express prohibition against harassment. The Supreme Court, however, has interpreted the statute to prohibit certain forms of harassment, including sexual harassment. Since first recognizing the viability of a Title VII harassment claim in a unanimous 1986 decision, the Court has also established legal standards for determining when offensive conduct amounts to a Title VII violation and when employers may be held liable for such actionable harassment, and...
Cameroon’s Anglophone Crisis: Recent Developments and Issues for Congress
Tensions have grown in western Cameroon since the government’s suppression of a protest movement led by members of the country’s minority Anglophone community in late 2016. In 2017, the situation escalated as one Anglophone faction symbolically declared the secession of the region and some Anglophone groups took up arms. While granting minor concessions, the government has arrested dozens of activists and deployed the military to put down unrest. The crisis has heightened historic fissures in Cameroon’s diverse society and adds to the country’s political and security challenges. (See CRS...
China’s Retaliatory Tariffs on Selected U.S. Agricultural Products
On April 2, 2018, the Chinese government implemented retaliatory tariffs on 128 product lines, including 93 U.S. agricultural products, in response to recent U.S. Section 232 tariff actions on certain imports of steel and aluminum products. China is the second largest market for U.S. agricultural exports by value, worth about $19.6 billion in 2017, according to the U.S. Department of Agriculture (USDA). China estimates the targeted U.S. imports are worth roughly $3 billion across all product categories, of which about two-thirds of the value is agricultural products.
China imposed an...
Data, Social Media, and Users: Can We All Get Along?
Introduction
In March 2018, media reported that voter-profiling company Cambridge Analytica had exceeded Facebook’s data use policies by collecting data on millions of Facebook users. Cambridge Analytica did this by working with a researcher to gain access to the data, so the company itself was not the entity seeking access to the information. This allowed Cambridge Analytica to “scrape” or download data from users who had granted access to their profiles, as well as those users’ Facebook friends (whose profiles the first user had access to, but for which the friends did not authorize...
Introduction
A major statutory mission of the SEC is investor protection, which involves requiring companies that offer securities to the public to disclose meaningful financial and other information about themselves to both existing and potential investors. To that end, under the Securities Act of 1933 (the Securities Act), a company that offers or sells its securities to the public is required to register them with the SEC. This securities registration process requires that the company that is issuing the securities disclose key facts, including a description of the company’s assets and...
Regulating the U.S. Campaign Environment: Politics and Policy
Introduction
Members of Congress run campaigns as candidates and regulate them as policymakers. Recent coverage of Cambridge Analytica voter-targeting using Facebook data is one of the latest examples of the connection between campaign conduct and public policy. Reports suggest that this case involves consumer-privacy questions that are normally beyond campaign regulation, and questions about whether foreign nationals were impermissibly involved in campaign decisionmaking—a topic well within campaign finance regulation. In other recent examples, reports of foreign interference in the 2016...
Recently Expired Individual Tax Provisions (“Tax Extenders”): In Brief
Three individual temporary tax provisions expired in 2017. In the past, Congress has regularly acted to extend expired or expiring temporary tax provisions. Collectively, these temporary tax provisions are often referred to as “tax extenders.” Most recently, Congress addressed tax extenders in the Bipartisan Budget Act of 2018 (BBA18; P.L. 115-123). Three of the four individual income tax provisions that had expired at the end of 2016 were extended in the BBA18, retroactive to 2017. These include the
Tax Exclusion for Canceled Mortgage Debt,
Mortgage Insurance Premium Deductibility,...
Introduction
To help restore confidence in the securities markets after the stock market crash of 1929, Congress passed the Securities Exchange Act of 1934, which authorized the creation of the Securities and Exchange Commission (SEC). The SEC is an independent, nonpartisan regulatory agency responsible for administering federal securities laws. It has broad regulatory authority over significant parts of the securities industry, including stock exchanges, mutual funds, investment advisers, and brokerage firms.
Among the major federal securities statutes that the SEC enforces is the...
Business Tax Provisions that Expired in 2017 (“Tax Extenders”)
Twelve temporary business tax provisions expired at the end of 2017. All of these provisions had expired at the end of 2016 but were retroactively extended by the Bipartisan Budget Act of 2018 (BBA; P.L. 115-123) and made available for the 2017 tax year, although one provision was extended through 2021.
This report briefly summarizes and discusses the economic impact of selected business-related tax provisions that expired at the end of 2017, including the following.
Special business investment (cost recovery) provisions:
Special Expensing Rules for Certain Film, Television, and Live...
S. 2155 and Enhanced Regulation for Large Banks
Title I of the 2010 Dodd-Frank Act (12 U.S.C. Ch. 53.) imposed a number of enhanced prudential regulatory requirements for bank holding companies and foreign banks operating in the United States with more than $10 billion or $50 billion in assets, depending on the requirements. These requirements were primarily intended to reduce the systemic risk posed by large financial institutions, which was a major feature of the 2007-2009 financial crisis. Section 401 of S. 2155, which the Senate passed on March 14, 2018, would raise the asset threshold at which these requirements are applied to...
House Committee Markups: Manual of Procedures and Procedural Strategies
A principal responsibility of House committees is to conduct markups—to select legislation to consider, to debate it and vote on amendments to it (to mark up), and to report recommendations on passage to the House. This manual examines procedures and strategy related to committee markups and provides sample procedural scripts.
A committee faces many decisions when it considers a policy matter in a markup. It must select what legislation to mark up; decide whether to mark up in committee only or in both subcommittee and committee; consider the effect of referral on the markup; choose how to...
Trends in Public Transportation Ridership: Implications for Federal Policy
Despite significant investments in public transportation at the federal, state, and local levels, transit ridership has fallen in many of the top 50 transit markets. If strong gains in the New York area are excluded, ridership nationally declined by 7% over the past decade. This report examines the implications for federal transit policy of the current weakness and possible future changes in transit ridership.
Although there has been a lot of research into the factors that explain transit ridership, there seems to be no comprehensive explanation for the recent decline. One complication is...
Agricultural Credit: Institutions and Issues
The federal government provides credit assistance to farmers to help assure adequate and reliable lending in rural areas, particularly for farmers who cannot obtain loans elsewhere. Federal farm loan programs also target credit to beginning farmers and socially disadvantaged groups.
The primary federal lender to farmers, though with a small share of the market, is the Farm Service Agency (FSA) in the U.S. Department of Agriculture (USDA). Congress funds FSA loans with annual discretionary appropriations—about $90 million of budget authority and $317 million for salaries—to support $8...
Agriculture and Related Agencies: FY2018 Appropriations
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the Forest Service. It also funds the Food and Drug Administration (FDA) and—in even-numbered fiscal years—the Commodity Futures Trading Commission (CFTC).
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development, since mandatory amounts are generally set by authorizing laws such as the farm bill.
The largest discretionary spending items are the Special Supplemental Nutrition Program for Women,...
FY2018 Appropriations Overview: Census Bureau and Bureau of Economic Analysis
This report discusses FY2018 appropriations (discretionary budget authority) for the Bureau of Economic Analysis (BEA) and Bureau of the Census (Census Bureau), historic components of the Economics and Statistics Administration (ESA) in the U.S. Department of Commerce. This report will be updated as legislative developments warrant.
The Administration’s FY2018 budget request assumes the termination of ESA and proposes $97.0 million for BEA, $6.8 million (6.6%) less than the $103.8 million enacted for FY2017.
The FY2018 request for the Census Bureau is $1,497.0 million, $27.0 million...
Department of Health and Human Services: FY2019 Budget Request
This report provides information about the FY2019 budget request for the Department of Health and Human Services (HHS). The report begins by reviewing the department’s mission and structure. Next, the report offers a brief explanation of the conventions used for the FY2018 estimates and FY2019 request levels in the budget documents released by the HHS and the Office of Management and Budget (OMB). The report also discusses the concept of the HHS budget as a whole, in comparison to how funding is provided to HHS through the annual appropriations process. The report concludes with a...
Unauthorized Childhood Arrivals: Legislative Activity in the 115th Congress
Legislative activity in the 115th Congress on unauthorized childhood arrivals (foreign nationals who as children were brought to live in the United States by their parents or other adults) comes in response to a decision announced by the Trump Administration on September 5, 2017, to terminate the Deferred Action for Childhood Arrivals (DACA) policy. The DACA policy was established by the Obama Administration in 2012 to provide eligible individuals with temporary protection against removal from the United States and work authorization. Initial DACA grants were for two years and could be...
The Elementary and Secondary Education Act (ESEA) is the primary source of federal aid to elementary and secondary education. The ESEA was last reauthorized by the Every Student Succeeds Act (ESSA; P.L. 114-95) in 2015. The Title I-A program has always been the largest grant program authorized under the ESEA. Title I-A grants provide supplementary educational and related services to low-achieving and other students attending elementary and secondary schools with relatively high concentrations of students from low-income families.
The U.S. Department of Education (ED) determines Title I-A...
The Bipartisan Budget Act of 2018 (BBA 2018, P.L. 115-123), which was enacted on February 9, 2018, addresses a number of issues that were before Congress. For example, appropriations for most federal agencies and programs were to expire on February 8, 2018, and BBA 2018 extends continuing appropriations for these agencies and programs through March 23, 2018. In addition, BBA 2018 includes FY2018 supplemental appropriations, an increase to the debt limit, increases to the statutory spending limits for FY2018 and FY2019, tax provisions, and numerous provisions extending or making changes to...
Federal Support for Drug Courts: In Brief
The United States has gradually shifted its formal drug policy from a punishment-focused model toward a more comprehensive approach—one that focuses on prevention, treatment, and enforcement. The proliferation of drug courts in American criminal justice fits this more comprehensive model. These specialized court programs are designed to divert certain defendants and offenders away from traditional criminal justice sanctions such as incarceration while reducing overall costs and helping these defendants and offenders with substance abuse issues.
Drug courts present an alternative to the...
Germaneness of Debate in the Senate: The Pastore Rule
Paragraph 1(b) of Senate Rule XIX—commonly known as the Pastore rule, after its author, former Rhode Island Senator John Pastore—requires Senate floor debate to be germane during specific periods of a Senate work day. The rule has been enforced sporadically since its adoption in 1964. In current practice, the germaneness requirements of the Pastore rule are rarely formally invoked on the Senate floor.
Pursuant to the rule, all floor debate must be germane and confined to the specific question then pending before the Senate for the first three hours after (1) the conclusion of the Morning...
Joint Resolution Seeks to End U.S. Support for Saudi-led Coalition Military Operations in Yemen
In February 2018, Senators Sanders, Lee, and Murphy introduced S.J.Res. 54, a joint resolution that would direct the President to remove U.S. forces from “hostilities in or affecting” Yemen (except for those U.S. forces engaged in counterterrorism operations directed at al Qaeda or associated forces). Since March 2015, the U.S. military has supported military operations in Yemen by a coalition of countries led by the kingdom of Saudi Arabia (KSA). The coalition operations, including airstrikes, have supported a broader campaign to reinstate the internationally recognized government of...
2017 Disaster Supplemental Appropriations: Overview
According to the National Oceanographic and Atmospheric Administration (NOAA), 2017 was “a historic year of weather and climate disasters” for the United States. A combination of deadly hurricanes and wildfires were among the 57 major disasters declared under the Stafford Act in 2017. The series of supplemental appropriations requested and provided in the wake of 2017’s hurricanes and wildfires are the latest exercise of one congressional role in disaster situations—to exercise “the power of the purse” to provide relief to state and local governments overwhelmed by disaster response and...
NERC Standards for Bulk Power Physical Security: Is the Grid More Secure?
A 2013 rifle attack on a critical electric power substation in Metcalf, CA, marked a turning point for the U.S. electric power sector. The attack prompted utilities across the country to reevaluate and restructure their physical security programs. It also set in motion proceedings in Congress and at the Federal Energy Regulatory Commission (FERC) which resulted in a new mandatory Physical Security Reliability Standard (CIP-014) for bulk power asset owners promulgated by the North American Electric Reliability Corporation (NERC) in 2015. In the three years since FERC approved this new...
The Federal Food, Drug, and Cosmetic Act (FFDCA) authorizes the Food and Drug Administration (FDA) to regulate the safety and effectiveness of drug products sold in the United States. The statutory standard for FDA approval is that a drug is safe and effective for its intended use. FDA’s determination that a drug is safe does not signify an absence of risk but rather that the drug’s clinical benefits outweigh its known and potential risks.
For most drugs, FDA has generally considered routine risk minimization measures to be sufficient; for example, updated labeling based on new information...
Prescription Drug User Fee Act (PDUFA): 2017 Reauthorization as PDUFA VI
The Prescription Drug User Fee Act (PDUFA, now called PDUFA I) was reauthorized as PDUFA VI by the Food and Drug Administration Reauthorization Act of 2017 (FDARA, P.L. 115-52). First passed by Congress in 1992, PDUFA gave the Food and Drug Administration (FDA) the authority to collect fees from the pharmaceutical industry and to use the revenue to support “the process for the review of human drug applications.” FDA regulates the safety and effectiveness of drug and biological products sold in the United States. Prior to marketing a drug, a manufacturer must submit to FDA a new drug...
Capital Gains Taxes: An Overview
Taxes on long-term capital gains (on assets held for at least a year) are imposed at rates that correspond to pre-2018 brackets: a 0% rate for those whose income placed them in the regular 15% bracket or less (now in regular bracket of 12%), and 15% for taxpayers in higher brackets, except for those in the 39.6% bracket. The tax revision adopted in December 2018 (P.L. 115-97) maintained the links to the income level corresponding to the rate brackets in prior law. Therefore, the tax rates on capital gains are affected only by changes in the deductions to arrive at taxable income and the...
Pass-Throughs, Corporations, and Small Businesses: A Look at Firm Size
In tax policy discussions it is not uncommon for the terms pass-through and small business to be interchanged, or, similarly, for the terms corporation and large business to be interchanged. This report uses 2015 U.S. Census data to investigate how the size of businesses varies by legal form (corporate versus pass-through). For this report, firm size is based on employment. The analysis finds that the majority of both corporations and pass-throughs in 2015 had fewer than five employees (55% of C corporations and 64% of pass-throughs). Nearly 99% of both corporations and pass-throughs had...
Modes of Constitutional Interpretation
When exercising its power to review the constitutionality of governmental action, the Supreme Court has relied on certain “methods” or “modes” of interpretation—that is, ways of figuring out a particular meaning of a provision within the Constitution. This report broadly describes the most common modes of constitutional interpretation; discusses examples of Supreme Court decisions that demonstrate the application of these methods; and provides a general overview of the various arguments in support of, and in opposition to, the use of such methods of constitutional...
Organization of American States: Background and Issues for Congress
The Organization of American States (OAS) is a regional multilateral organization that includes all 35 independent countries of the Western Hemisphere (though Cuba currently does not participate). It was established in 1948 as a forum in which the nations of the hemisphere could engage one another and address issues of mutual concern. Today, the OAS concentrates on four broad objectives: democracy promotion, human rights protection, economic and social development, and regional security cooperation. It carries out a variety of activities to advance these goals, often providing policy...
The Every Student Succeeds Act: Accountability for Schools with Low Graduation Rates
The Every Student Succeeds Act (ESSA) comprehensively reauthorized the Elementary and Secondary Education Act of 1965 (ESEA). Among other changes, the ESSA amended federal K-12 educational accountability requirements for states and local educational agencies (LEAs) receiving ESEA funds, including those regarding the identification, support, and improvement of high schools with low graduation rates.
In addition to new accountability rules, the ESSA provided the first definition of the high school graduation rate in federal education law. States and LEAs have been reporting their rates...
Arming Teachers as a Response to School Shootings
In the wake of the February 14, 2018, shooting at Stoneman Douglas High School in Parkland, FL, President Trump endorsed a proposal to arm teachers as a way to potentially thwart school shootings. The President’s endorsement has generated debate about whether this policy option would make schools safer.
Proponents argue that arming educators provides a deterrent effect and that armed teachers could respond to an active shooter quicker than police. Opponents argue that teachers do not want the responsibility of countering active shooters; they raise questions about whether teachers can...
The President Acts to Impose Tariffs on Steel and Aluminum Imports
On March 8, 2018, President Trump issued proclamations imposing duties on U.S. imports of steel and aluminum, based on the Secretary of Commerce’s finding that these articles are being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States. The President acted under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862, as amended). The proclamations outline the President’s decisions to impose tariffs of 25% on steel and 10% on aluminum imports effective March 23, 2018. The President...
Changing FERC Policies for Gas Pipelines?
Introduction
On December 21, 2017, the newly appointed chairman of the Federal Energy Regulatory Commission (FERC) announced that the commission would undertake a review of its permitting policies and procedures for interstate natural gas pipelines. The U.S. natural gas pipeline network has expanded rapidly to accommodate new supplies of domestic shale gas. That expansion has prompted numerous congressional hearings and legislative proposals related to pipeline development. The review of FERC’s permitting policies may provide stakeholders a new opportunity to influence how the commission...
Russia’s 2018 Presidential Election
Russia’s next presidential election is scheduled for March 18, 2018, the fourth anniversary of Russia’s illegal annexation of Ukraine’s Crimea region. Russian President Vladimir Putin, who has served as president or prime minister of Russia for over 18 years, is widely expected to secure reelection easily against seven other candidates, especially given the government’s tight control over the country’s political process. With presidential terms in Russia lasting six years, victory could keep Putin in office until at least 2024.
Promoting Putin
Russia’s presidential election is only...
Tax-Preferred College Savings Plans: An Introduction to Coverdells
A Coverdell ESA—often referred to simply as a Coverdell—is a tax-advantaged investment account that can be used to pay for both higher-education expenses and elementary and secondary school expenses. The specific tax advantage of a Coverdell is that distributions (i.e., withdrawals) from this account are tax-free, if they are used to pay for qualified education expenses. If the distribution is used to pay for nonqualified expenses, a portion of the distribution is taxable and may also be subject to a 10% penalty.
Several parameters of Coverdells were temporarily modified by the Economic...
Northern Ireland, Brexit, and the Irish Border
As the 20th anniversary of the April 1998 peace accord for Northern Ireland (known as the Good Friday Agreement or the Belfast Agreement) approaches, concerns are increasing about how the expected exit of the United Kingdom (UK) from the European Union (EU)—or “Brexit”—might affect Northern Ireland. The future of the border between Northern Ireland and the Republic of Ireland has become a central issue in the UK’s withdrawal negotiations with the EU. Once the UK ceases to be a member of the EU—likely in March 2019—Northern Ireland will be the only part of the UK to share a land border with...
TPP Countries Sign New CPTPP Agreement without U.S. Participation
On March 8, 2018, the 11 remaining signatories of the Trans-Pacific Partnership (TPP) agreement, excluding the United States, signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The CPTPP parties announced the outlines of the agreement in November 2017 and concluded the negotiations in January 2018. The CPTPP, which requires ratification by 6 of the 11 signatories to become effective, would be a vehicle to enact much of the TPP, signed by these countries and the United States in February 2016 and from which President Trump withdrew in January 2017. The...
Department of Veterans Affairs FY2018 Appropriations
The Department of Veterans Affairs (VA) provides a range of benefits and services to veterans and eligible dependents who meet certain criteria as authorized by law. These benefits include medical care, disability compensation and pensions, education, vocational rehabilitation and employment services, assistance to homeless veterans, home loan guarantees, administration of life insurance and traumatic injury protection insurance for servicemembers, and death benefits that cover burial expenses. The VA is funded through the Military Construction, Veterans Affairs, and Related Agencies...
Cybersecurity: Selected Issues for the 115th Congress
Cybersecurity has been gaining attention as a national issue for the past decade. During this time, the country has witnessed cyber incidents affecting both public and private sector systems and data. These incidents have included attacks in which data was stolen, altered, or access to it was disrupted or denied. The frequency of these attacks, and their effects on the U.S. economy, national security, and people’s lives have driven cybersecurity issues to the forefront of congressional policy conversations. This report provides an overview of selected cybersecurity concepts and a...
On February 9, 2018, President Donald Trump signed into law the Bipartisan Budget Act of 2018 (BBA 2018; P.L. 115-123). Division E of that law is titled the Advancing Chronic Care, Extenders, and Social Services (ACCESS) Act. This report provides a brief summary of each of the provisions included in the ACCESS Act, along with the contact information for the CRS expert who can answer questions about each provision. Division E consists of 12 titles. Each title is addressed in a separate table, and the provisions are discussed in the order they appear in the law. Topics discussed in this...
More than half of voters in Italy’s March 4, 2018, parliamentary election supported political parties considered antiestablishment or outside the mainstream. Since no party or political group won a majority of seats in parliament, the top vote-getters will now negotiate to form a governing coalition. This is expected to be a drawn-out process that could end in stalemate and possibly new elections. Furthermore, the empowerment of so-called populist parties could have significant implications for the European Union (EU), NATO, and the United States.
Election Results
A center-right alliance...
Energy Tax Provisions That Expired in 2017 (“Tax Extenders”)
Thirteen temporary energy tax provisions expired at the end of 2017. All of these provisions had expired at the end of 2016, and were retroactively extended by the Bipartisan Budget Act of 2018 (BBA; P.L. 115-123) and made available for the 2017 tax year. This report briefly summarizes and discusses the economic impact of energy-related tax provisions that expired at the end of 2017, including the following: Renewable energy property provisions Production Tax Credit (PTC) for Nonwind Facilities Alternative and renewable fuels provisions Incentives for Biodiesel and Renewable...
Banking Policy Issues in the 115th Congress
The financial crisis and the ensuing legislative and regulatory responses greatly affected the banking industry. Many new regulations—mandated or authorized by the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203) or promulgated under the authority of bank regulators—have been implemented in recent years. In addition, economic and technological trends continue to affect banks. As a result, Congress is faced with many issues related to the bank industry, including issues concerning prudential regulation, consumer protection, “too big to fail” (TBTF) banks, community...
UPDATED: The Latest on the SEC’s Consideration of the Proposed Acquisition of Chicago Stock Exchange
Financial Regulation: FY2018 Appropriations and the Financial CHOICE Act (H.R. 10)
Background
On September 14, 2017, the House passed H.R. 3354, which included the FY2018 Financial Services and General Government (FSGG) Appropriations bill in Division D. The Senate Appropriations Committee released an FY2018 FSGG chairmen’s mark on November 20, 2017, but further action has yet to occur on the bill. Much of the federal government, including agencies covered by FSGG appropriations, has been operating for the first part of FY2018 under successive continuing resolutions (P.L. 115-56, P.L. 115-90, P.L. 115-96, P.L. 115-120, and P.L. 115-123), now effective through March 23,...
Information Warfare: Issues for Congress
Information warfare is hardly a new endeavor. In the Battle of Thermopylae in 480 BC, Persian ruler Xerxes used intimidation tactics to break the will of Greek city-states. Alexander the Great used cultural assimilation to subdue dissent and maintain conquered lands. Military scholars trace the modern use of information as a tool in guerilla warfare to fifth-century BC Chinese military strategist Sun Tzu’s book The Art of War and its emphasis on accurate intelligence for decision superiority over a mightier foe. These ancient strategists helped to lay the foundation for information warfare...
Guns, Excise Taxes, Wildlife Restoration, and the National Firearms Act
Federal taxes on firearms and ammunition are collected through different methods and used for different purposes, depending on the nature of the firearms. Some tax receipts are used for wildlife restoration and for hunter education and safety, for example, whereas others are deposited into the General Fund of the U.S. Treasury. The assessment of these taxes and the uses of generated revenues are routinely of interest to many in Congress.
In general, taxes on the manufacture of firearms (including pistols and revolvers as well as rifles and other long guns) and ammunition are collected as...
International Trade and Finance: Overview and Issues for the 115th Congress
The U.S. Constitution grants authority to Congress to regulate commerce with foreign nations. Congress exercises this authority in numerous ways, including through oversight of trade policy and consideration of legislation to implement trade agreements and authorize trade programs. Policy issues cover areas such as U.S. trade negotiations, U.S. trade and economic relations with specific regions and countries, international institutions focused on trade, tariff and nontariff barriers, worker dislocation due to trade liberalization, enforcement of trade laws and trade agreement commitments,...
Commerce Determines Steel and Aluminum Imports Threaten to Impair National Security
The U.S. Department of Commerce (Commerce) recently completed two investigations into the national security threats posed by imports of steel and aluminum in accordance with Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862, as amended). In April 2017, two presidential memoranda instructed Commerce to prioritize the steel and aluminum investigations. The final reports, submitted to the President on January 11 and January 22, 2018, respectively, concluded imports of steel mill products and of wrought and unwrought aluminum “threaten to impair the national security” of the...
Tensions in the Eastern Mediterranean Focus on the Politics of Energy
Cypriot (Greek and Turkish) interest in energy exploration in the Eastern Mediterranean began in 1998 after Noble Energy, a Texas-based energy company, discovered a large natural gas deposit in the Levant Basin. The location is in waters considered part of Israel’s exclusive economic zone (EEZ) but bordering parts of the Republic of Cyprus’s (RoC’s) EEZ. In 2007, the RoC granted Noble Energy a license to explore for gas in an area identified as block 12, or the “Aphrodite” field within its EEZ. In 2011, Noble Energy announced the discovery of natural gas in block 12. Subsequently, the RoC...
Blockchain: Background and Policy Issues
The rise of cryptocurrencies like Bitcoin and the use of Initial Coin Offerings to raise capital has drawn increased attention from both the public and private sector concerning the use of digital ledgers to conduct business (called blockchain technology) and its potential. Yet many remain unclear on what the technology actually is, what it does, and the tradeoffs for its use.
A blockchain is a digital ledger that allows parties to transact without the use of a central authority as a trusted intermediary. In this ledger, transactions are grouped together in blocks, which are...
EPA’s Proposal to Repeal the Clean Power Plan: Benefits and Costs
In 2015, when the U.S. Environmental Protection Agency (EPA) promulgated the Clean Power Plan to reduce greenhouse gas emissions from fossil-fueled electric power plants, it concluded that the benefits of reducing emissions would outweigh the costs by a substantial margin under the scenarios analyzed. EPA estimated benefits ranging from $31 billion to $54 billion in 2030 and costs ranging from $5.1 billion to $8.4 billion in 2030, when the rule would be fully implemented.
In proposing to repeal the rule in October 2017, EPA revised the estimates of both its benefits and costs, finding in...
Expired Tax Provisions and “Tax Extenders”
Revenue measures enacted as part of the Bipartisan Budget Act of 2018 (BBA2018, P.L. 115-123) extended a number of temporary tax provisions that had expired in 2016 or 2017. In the wake of the 2017 tax revision (P.L. 115-97), Congress has indicated an interest in evaluating expired temporary tax provisions or “tax extenders.”
Table 1 provides information on temporary tax provisions and “tax extenders.” Specifically, the table includes (1) all provisions that expired in 2016 and 2017 and were not addressed in the 2017 tax revision (P.L. 115-97); (2) information on provisions that were...
Defense Spending Under an Interim Continuing Resolution: In Brief
This report provides a basic overview of interim continuing resolutions (CRs) and highlights some specific issues pertaining to operations of the Department of Defense (DOD) under a CR.
As with regular appropriations bills, Congress can draft a CR to provide funding in many different ways. Under current practice, a CR is an appropriation that provides either interim or full-year funding by referencing a set of established funding levels for the projects and activities that it funds (or covers). Such funding may be provided for a period of days, weeks, or months and may be extended through...
Analysis of the Tax Exclusion for Canceled Mortgage Debt Income
A home foreclosure, mortgage default, or mortgage modification can have important tax consequences. As lenders and borrowers work to resolve indebtedness issues, some transactions are resulting in cancellation of debt. Mortgage debt cancellation can occur when lenders restructure loans, reducing principal balances, or sell properties, either in advance, or as a result, of foreclosure proceedings. Historically, if a lender forgives or cancels such debt, tax law has treated it as cancellation of debt (COD) income subject to tax. Exceptions have been available for taxpayers who are insolvent...
FY2019 Budget: Government Reorganization and Federal Workforce Reform
The Budget of the United States Government, Fiscal Year 2019 stated, in a largely general way, planned initiatives related to government reorganization and federal workforce reform. The initiatives follow from Executive Order 13781, “Comprehensive Plan for Reorganizing the Executive Branch,” issued by President Donald Trump on March 13, 2017, and two Office of Management and Budget (OMB) memorandums. The memorandums, M-17-22, “Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce,” issued on April 12, 2017, and M-17-28, “Fiscal Year (FY) 2019...
H.R. 4508, the PROSPER Act: Proposed Reauthorization of the Higher Education Act
During the 115th Congress, the House Committee on Education and the Workforce marked up and ordered reported with amendments the Promoting Real Opportunity, Success, and Prosperity through Education Reform Act (PROSPER Act; H.R. 4508), which would provide for the comprehensive reauthorization of the Higher Education Act of 1965 (HEA).
H.R. 4508 would make numerous amendments to the HEA, many of which address six themes: (1) redesigning the federal approach to providing student aid; (2) modifying federal student aid rules; (3) eliminating or winding down programs; (4) revising the...
U.S. Manufacturing in International Perspective
The health of the U.S. manufacturing sector has long been of great concern to Congress. The decline in manufacturing employment since the start of the 21st century has stimulated particular congressional interest, leading Members to introduce hundreds of bills over many sessions of Congress intended to support domestic manufacturing activity in various ways. The proponents of such measures frequently contend that the United States is by various measures falling behind other countries in manufacturing, and they argue that this relative decline can be mitigated or reversed by government...
Welfare Reform: Work Status of Single Mothers, In Brief
Welfare reform; Single Mothers; Employment trends; Poverty
Defense Science and Technology Funding
Defense science and technology (Defense S&T) is a term that describes a subset of Department of Defense (DOD) research, development, testing, and evaluation (RDT&E) activities. The Defense S&T budget is the aggregate of funding provided for the three earliest stages of DOD RDT&E: basic research, applied research, and advanced technology development. Defense S&T is of particular interest to Congress due to its perceived value in supporting technological advantage and its importance to key private sector and academic stakeholders.
Advocates of strong and sustained Defense S&T funding assert...
Campus-Based Student Financial Aid Programs Under the Higher Education Act
Three Higher Education Act (HEA) student financial aid programs—the Federal Supplemental Educational Opportunity Grant (FSEOG) program, the Federal Work-Study (FWS) program, and the Federal Perkins Loan program—collectively are referred to as the campus-based programs. The campus-based programs were reauthorized under the Higher Education Opportunity Act (HEOA; P.L. 110-315), which amended and extended authorization for programs funded under the HEA. The campus-based programs’ authorizations of appropriations, along with many other provisions under the HEA, were set to expire at the end of...
The Bipartisan Budget Act of 2018 (P.L. 115-123), signed into law on February 9, 2018, creates a new joint select committee of the House and Senate. The Joint Select Committee on Solvency of Multiemployer Pension Plans, made up of 16 Members of the House and Senate—four chosen by each of the chambers’ party leaders—is intended to formulate recommendations and legislative language that will “significantly improve the solvency of multiemployer pension plans and the Pension Benefit Guaranty Corporation.” The law directs the joint select committee to, no later than November 30, 2018, vote on a...
Teaching health centers (THCs) are outpatient facilities that receive federal funds directly to train medical and dental residents. These facilities are operated by federal health centers, rural health clinics, and tribal health programs, among others. THCs typically provide care to low-income and otherwise underserved populations and are generally located in federally designated health professional shortage areas (HPSAs). The federal government created the teaching health center graduate medical education program (THCGME) in 2010 to pay THCs for the expenses they incur when training...
Discretionary Spending Levels Under the Bipartisan Budget Act of 2018
On February 9, 2018, the Bipartisan Budget Act of 2018 (BBA 2018) was signed into law as P.L. 115-123. Among other things, it raised the discretionary spending caps for fiscal years 2018 and 2019 originally implemented by the Budget Control Act of 2011 (BCA; P.L. 112-25). BBA 2018 reverses $80 billion of the $97 billion of discretionary spending cuts enacted by the BCA as amended for FY2018.
The BCA and Discretionary Spending
The BCA affected discretionary spending in two ways: (1) caps on discretionary budget authority, divided between defense and nondefense programs, which went into...
Has the Economy Reached Full Employment? If So, Will It Stay There?
The unemployment rate has fallen from 10% in 2009 to 4.1% today, its lowest since 2000. Several other labor market indicators also point to an economy at or near full employment. If unemployment gets too low, it could plant the seeds for a future recession. An overheating economy can temporarily surge past full employment, but a recession typically follows to restore labor market equilibrium. Fiscal and monetary policy can help avoid—or exacerbate—overheating.
What Is Full Employment?
The economy has achieved full employment when it reaches the lowest sustainable unemployment rate...
Tax-Exempt Bonds: A Description of State and Local Government Debt
This report provides information about state and local government debt. State and local governments issue debt instruments in exchange for the use of individuals’ and businesses’ savings. This debt obligates state and local governments to make interest payments for the use of these savings and to repay, at some time in the future, the amount borrowed. State and local governments may finance capital facilities with debt rather than out of current tax revenue to more closely align benefits and tax payments. There was just over $3 trillion in state and local debt outstanding in the third...
Potential Options for Electric Power Resiliency in the U.S. Virgin Islands
In September 2017, Hurricanes Irma and Maria, both Category 5 storms, caused catastrophic damage to the U.S. Virgin Islands (USVI), which include the main islands of Saint Croix, Saint John, and Saint Thomas among other smaller islands and cays. Hurricane Irma hit the USVI on September 6, with the eye passing over St. Thomas and St. John. Fourteen days later, on September 20, the eye of Hurricane Maria swept near St. Croix with maximum winds of 175 mph. The USVI government estimates that total uninsured damage from the hurricanes will exceed $7.5 billion. Although the electric power plants...
Two-Year Extension of the Community Health Center Fund
The Affordable Care Act (ACA, P.L. 111-148, as amended), enacted in 2010, appropriated billions of dollars of mandatory funds to support two programs that focus on expanding access to primary care services for populations that are typically underserved: the Health Centers program and the National Health Service Corps (NHSC).
The Health Centers and NHSC programs are cornerstones of the federal government’s efforts to expand access to primary care. The Health Centers program helps support more than 1,400 community-based health centers operating more than 10,400 delivery sites across the...
Hunting and Fishing on Federal Lands and Waters: Overview and Issues for Congress
This report provides an overview of issues related to hunting and fishing on federal lands. Each year millions of individuals participate in hunting and fishing activities, bringing in billions of dollars for regional and national economies. Due to their popularity, economic value, constituent appeal, and nexus to federal land management issues, hunting and fishing issues are perennially addressed by Congress. Congress addresses these issues through oversight, legislation, and appropriations, which target issues such as access to federal lands and waters for sportsperson activities, and...
Administration’s Infrastructure Program Emphasizes New Nonfederal Revenue
The Trump Administration’s legislative outline for infrastructure, released on February 12, 2018, proposes a new “Infrastructure Incentives Program” to make grants to state and local governments. This would be the largest single piece of the Administration plan in terms of dedicated federal funding, with an allotment of half of the $200 billion the Administration proposes to spend on infrastructure over 10 years. The grants could be used for transportation, water resources, drinking water, and wastewater, as well as for cleanup of Superfund sites. This Insight focuses on the potential of...
Ecuador is a small, oil-producing country of 16 million inhabitants located on the west coast of South America between Colombia and Peru. In 2017, Ecuador was considered to have the third-largest proven reserves of crude oil in South America, with 8.3 billion barrels. It is the smallest member of the Organization of the Petroleum Exporting Countries (OPEC). Petroleum is Ecuador’s largest export to the United States, the country’s top trade partner. With the reduction in crude oil price since 2014, Ecuador’s earnings have fallen after years of strong growth.
Former President Rafael Correa...
Diversity Immigrants’ Regions and Countries of Origin: Fact Sheet
Keywords: diversity visa, visa lottery, diversity lottery, DV immigrants, DV lottery, DV program, immigration, diversity immigrants, country of birth, region of birth, place of birth, origin, immigrant admissions, Immigration and Nationality Act, INA, legal admissions.
The Veterans Health Administration and Medical Education: In Brief
In the wake of World War II, an influx of veterans requiring medical care threatened to overwhelm the capacity of the Department of Veterans Affairs (VA) to provide such care. In 1946, the VA began entering into affiliations with medical schools as one strategy to increase capacity—both in the short term and in the long term. In the short term, some trainees—in particular, those in the later years of training—may provide direct care to patients, thereby increasing provider capacity and patient access. In the long term, training physicians at the VA creates a pipeline for recruiting...
The U.S. military has a long and complicated history in developing directed energy (DE) weapons. Many past efforts have failed for a variety of reasons and not all failures were attributed to scientific or technological challenges associated with weaponizing DE. At present, a number of U.S. military DE weapons-related programs are beginning to show promise, such as the Navy’s Laser Weapon System (LaWs), the first ever Department of Defense (DOD) laser weapon to be deployed and approved for operational use, according to the Navy. With a number of U.S. Army weapons-related DE programs...
Financial Stability Oversight Council (FSOC): Structure and Activities
The Financial Stability Oversight Council (FSOC) and its Office of Financial Research (OFR) were established by the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203) to address several potential sources of systemic risk. Some observers argue that communication and coordination of financial regulators was insufficient to prevent the financial crisis of 2008. To foster coordination and communication, the FSOC assembles the heads of federal financial regulators, representatives from state regulatory bodies, and an independent insurance expert in a single venue. The OFR...
The Oil Spill Liability Trust Fund Tax: Reauthorization Issues and Legislation in the 115th Congress
Enforcement of the Food, Drug, and Cosmetic Act: Select Legal Issues
In an increasingly interconnected world, public health concerns and crises have domestic and international implications. In the United States, the Federal Food, Drug, and Cosmetic Act of 1938 (FD&C Act or the Act) promotes public health by preventing fraudulent activity with respect to food, drugs, and an array of other public health products that enter interstate commerce. Indeed, the Act’s primary purpose is to “safeguard” and “protect” consumers from exposure to dangerous products affecting public health and safety. The FD&C Act does this by regulating covered articles from their...
U.S. Family-Based Immigration Policy
Family reunification has historically been a key principle underlying U.S. immigration policy. It is embodied in the Immigration and Nationality Act (INA), which specifies numerical limits for five family-based immigration categories, as well as a per-country limit on total family-based immigration. The five categories include immediate relatives (spouses, minor unmarried children, and parents) of U.S. citizens and four other family-based categories that vary according to individual characteristics such as the legal status of the petitioning U.S.-based relative, and the age, family...
Family First Prevention Services Act (FFPSA)
The Family First Prevention Services Act (FFPSA) was enacted as part of Division E of the Bipartisan Budget Act of 2018 (H.R. 1892). Among other changes, FFPSA expands federal support for services to prevent the need for children to enter foster care, while adding new restrictions on federal room and board support for some foster children placed in group care settings. With limited exceptions, the enacted provisions match the standalone FFPSA provisions approved by the House in June 2016 (H.R. 5456, 114th Congress).
New Support for Prevention of Foster Care
FFPSA responds to longstanding...
Federal Reserved Water Rights and Groundwater: Quantity, Quality, and Pore Space
Tribal rights to groundwater have not been legally established to the same extent as rights to other natural resources (e.g., surface water, timber, minerals). A March 2017 decision of the U.S. Court of Appeals for the Ninth Circuit upheld the rights of a California Indian tribe (the Agua Caliente band of Cahuilla Indians) to groundwater beneath the tribe’s reservation in the Coachella Valley. In November 2017, the U.S. Supreme Court declined to review the decision; the case now proceeds to other phases that may partially shape this ruling’s significance.
This is the first case in which...
Section 201 Safeguards on Solar Products and Washing Machines
On January 23, 2018, President Trump announced that he would impose additional tariffs on imports of large residential washing machines and solar photovoltaic (PV) cells and modules, effective February 7, 2018. The President acted based on findings by the International Trade Commission (ITC) that increased U.S. imports of these products were a “substantial cause of serious injury” to U.S. manufacturers, as a result of investigations under Section 201 of the Trade Act of 1974 (19 U.S.C. §2251, as amended). When initiating the actions on January 23, the President said, “My administration is...
The 2017 Tax Revision (P.L. 115-97): Comparison to 2017 Tax Law
A tax revision enacted late in 2017 substantively changed the federal income tax system (P.L. 115-97). Broadly, for individuals, the act temporarily modifies income tax rates. Some deductions, credits, and exemptions for individuals are eliminated, while others are substantively modified. These changes are mostly temporary. For businesses, pass-through entities experience a reduction in effective tax rates via a new deduction, which is also temporary. The statutory corporate tax rate is permanently reduced. Many deductions, credits, and other provisions for businesses are also modified....
Federal Spending on Benefits and Services for People with Low Income: In Brief
Need-Tested Programs; Means-Tested Programs; Poverty; Low-Income; Cash Assistance; Medical Assistance; Housing Assistance; Educational Assistance; Social Services; Employment and Training.
The 2018 National Defense Strategy
On January 19, 2018, Secretary of Defense Mattis released the unclassified summary of the Department of Defense’s (DOD) first congressionally mandated National Defense Strategy (NDS). In addition to stating DOD’s approach to contending with current and emerging national security challenges, the NDS is also intended to articulate the overall strategic rationale for programs and priorities contained within the FY2019-FY2023 budget requests. Overall, the document maintains that the strategic environment in which the United States must operate is one characterized by the erosion of the...
New Nuclear Warheads: Legislative Provisions
The 2018 Nuclear Posture Review (NPR) identifies a plan to “modify a small number of [submarine-launched ballistic missile] warheads to provide a low-yield option” so that the United States could respond promptly and penetrate an adversary’s defenses after a nuclear attack. The NPR contends that this capability would strengthen nuclear deterrence, while critics argue it would lower the nuclear threshold and increase the risk of nuclear war.
This Insight reviews legislation addressing research and development on new or low-yield nuclear weapons and notes that under current law, an...
Al Qaeda and U.S. Policy: Middle East and Africa
After a more than a decade and a half of combating Al Qaeda (AQ) in Afghanistan and Pakistan, the United States faces a diverse array of threats from Al Qaeda affiliates in the Middle East and Africa. While senior Al Qaeda figures reportedly remain based in Pakistan, the network includes a number of affiliates across the Middle East and Africa including Al Qaeda in the Arabian Peninsula (AQAP), Al Qaeda in the Islamic Maghreb (AQIM), and Al Shabaab. Al Qaeda also retains a small but possibly growing presence in Afghanistan. U.S. officials have stated that Al Qaeda still maintains a...
The 2018 National Defense Strategy: Fact Sheet
[SUPPRESS] On January 19, 2018, Secretary of Defense Mattis released the unclassified summary of the Department of Defense’s (DOD) first congressionally mandated National Defense Strategy (NDS). In addition to stating DOD’s approach to contending with current and emerging national security challenges, the NDS is also intended to articulate the overall strategic rationale for programs and priorities contained within the FY2019-FY2023 budget requests. Overall, the document maintains that the strategic environment in which the United States must operate is one characterized by the erosion of...
Nutrition Labeling of Restaurant Menu and Vending Machine Items
High rates of obesity and chronic diseases have prompted various federal, state, and local nutrition labeling initiatives. The 1990 Nutrition Labeling and Education Act (P.L. 101-535) required nutrition labeling of most foods and dietary supplements, but it did not require labeling of food sold in restaurants. However, consumption data indicate that Americans consume more than one-third of their calories outside the home, and frequent eating out is associated with increased caloric intake.
In 2010, President Obama signed the Patient Protection and Affordable Care Act (ACA, P.L. 111-148)...
A committee chair serves as the leader of a committee, with responsibility for setting the course and direction of the panel for committee members and the House and for managing a large professional and paraprofessional staff. The senior committee staff should ensure the chair’s goals are carried out effectively.
Once a committee chair is selected during the postelection transition period, he or she, often in consultation with others, makes a series of decisions and takes a series of actions. Some actions complete a committee’s duties in the Congress just ending. Other actions are taken in...
Trespassing: The Leading Cause of Rail-Related Fatalities
Train derailments or collisions are often well-publicized events and receive significant attention from policymakers seeking to reduce their reoccurrence. Less attention has been devoted to trespassing, although it is a much greater cause of rail-related fatalities than derailments and collisions combined. Since 2005, over three-fifths of deaths in rail incidents have been pedestrian trespassers, and vehicle-train accidents at railroad grade crossings account for nearly one-third (see Figure 1; note that the trespassing deaths in the figure do not include suicides).
Figure 1. Rail-Related...
U.S. Security Assistance and Security Cooperation Programs: Overview of Funding Trends
Since FY2006, the United States government has provided more than $200 billion for programs providing security assistance and security cooperation to foreign countries. The Departments of State (DOS) and Defense (DOD) are the primary U.S. government agencies involved in providing security sector assistance and related support to foreign governments, militaries, and international organizations and groups.
Congress has authorized security assistance programs through the Foreign Assistance Act of 1961 (FAA, P.L. 87-195) and the Arms Export Control Act of 1976 (AECA, P.L. 90-629), as amended....
Following the end of the Balkan wars in the 1990s, periods of stability allowed several of the nations of Southeast Europe to pursue reforms, incorporate Western values, and join the European Union (EU) and NATO. Recently, however, the Western Balkans have experienced various degrees of political instability involving elements of nationalist politics, stagnating economies, public frustration over corruption, ethnic tensions, and violence. Although some of the tension has receded, many observers remain concerned that the region’s stability could unravel again. For some, at the core of this...
FEMA Individual Assistance Programs: In Brief
When the President declares a major disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288), the Federal Emergency Management Agency (FEMA) advises the President about types of federal assistance administered by FEMA available to disaster victims, states, localities, and tribes. The primary types of assistance provided under a major disaster declaration include funding through the Public Assistance program, Mitigation Assistance programs, and the Individual Assistance program.
The Public Assistance program provides federal financial...
The Railroad Rehabilitation and Improvement Financing (RRIF) Program
Congress created the Railroad Rehabilitation and Improvement Financing (RRIF) program to offer long-term, low-cost loans to railroad operators, with particular attention to small freight railroads, to help them finance improvements to infrastructure and investments in equipment. The program is intended to operate at no cost to the government, and it does not receive an annual appropriation. Since 2000, the RRIF program has made 37 loans totaling $5.4 billion (valued at $5.9 billion in 2018 dollars). The program, which is administered by the Build America Bureau within the Office of the...
Gun Control: Concealed Carry Legislation in the 115th Congress
On December 6, 2017, the House of Representatives passed the Concealed Carry Reciprocity Act of 2017 (H.R. 38). The term “concealed carry” is commonly used to refer to state laws that allow an individual to carry a weapon—generally a handgun—on one’s person in a concealed manner for the purposes of self-defense in public (outside one’s home or fixed place of business). Federal law allows certain active-duty and retired law enforcement officers to carry concealed firearms interstate, irrespective of some state laws, but they must first be qualified and credentialed by their agencies of...
Wildfire Management Funding: Background, Issues, and FY2018 Appropriations
The federal government’s wildfire (or wildland fire) management responsibilities are fulfilled primarily by the Forest Service (FS, in the U.S. Department of Agriculture) and the Department of the Interior (DOI). These responsibilities include prevention, detection, response, and recovery related to fires that begin on federal lands. These responsibilities are accomplished through activities such as preparedness, suppression, fuel reduction, and site rehabilitation, among others. There are several ongoing concerns regarding federal wildfire management. These concerns include the total...
Appropriations for the Bureau of Prisons (BOP): In Brief
The Bureau of Prisons (BOP) is the largest correctional agency in the country in terms of the number of prisoners under its jurisdiction. BOP must confine any offender convicted and sentenced to a term of imprisonment in a federal court.
Changes in federal criminal justice policy since the early 1980s spurred growth in the federal prison population. The total number of inmates under BOP’s jurisdiction increased from approximately 25,000 in FY1980 to over 192,000 in FY2016. While the federal prison population in FY2016 is nearly 7 times larger than what it was in FY1980, the number of...
Vessel Incidental Discharge Legislation in the 115th Congress: Background and Issues
Stakeholders broadly agree on the need to control vessel discharges—particularly ballast water discharges, which can introduce numerous contaminants into U.S. and international waters. Ballast water discharge from ships is one significant pathway for introduction of aquatic nuisance species (ANS)—that is, invasive species—that can harm aquatic ecosystems. Federal requirements for ballast water and other incidental discharges from vessels in the United States flow from two laws—the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended by the National Invasive Species...
Administration’s Syria Policy Envisions Continued U.S. Presence
On January 17, Secretary of State Rex Tillerson laid out the Trump Administration’s policy for U.S. involvement in Syria. The Secretary’s remarks built upon previous testimony by Acting Assistant Secretary David Satterfield and were further elaborated in a briefing by a senior State Department official.
U.S. Goals for Syria
According to Secretary Tillerson, “the United States desires five key end states for Syria”:
The enduring defeat of the Islamic State (IS, aka ISIS/ISIL) and Al Qaeda. This includes ensuring that the groups do not present a threat to the United States, and do not...
Community Development Financial Institutions (CDFI) Fund: Programs and Policy Issues
As communities face a variety of economic challenges, some are looking to local banks and financial institutions for solutions that address the specific development needs of low-income and distressed communities. Community development financial institutions (CDFIs) provide financial products and services, such as mortgage financing for homebuyers and not-for-profit developers; underwriting and risk capital for community facilities; technical assistance; and commercial loans and investments to small, start-up, or expanding businesses. CDFIs include regulated institutions, such as community...
Federal Research and Development Funding: FY2018
President Trump’s budget request for FY2018 includes $117.697 billion for research and development (R&D). This represents a $30.605 billion (20.6%) decrease from the FY2016 actual level of $148.302 billion (FY2017 enacted levels were not available at the time of publication). Adjusted for inflation, the President’s FY2018 R&D request represents a constant dollar decrease of 23.6% from the FY2016 actual level.
However, in 2016 the Office of Management and Budget changed the definition used for “development” to “experimental development.” This new definition was used in calculating R&D in...
Security of Air Cargo Shipments, Operations, and Facilities
U.S. policies and strategies for protecting air cargo have focused on two main perceived threats: the in-flight detonation of explosives concealed in an air cargo shipment and the hijacking of a large all-cargo aircraft for use as a weapon to attack a ground target such as a major population center, critical infrastructure, or a critical national security asset. Additionally, there is concern that chemical, biological, or radiological agents or devices that could be used in a mass-casualty attack in the United States might be smuggled as international air cargo.
The October 2010 discovery...
EPA’s Methane Regulations: Legal Overview
On March 28, 2017, President Trump signed Executive Order 13783, directing federal agencies to review existing regulations and policies that potentially burden the development or use of domestically produced energy resources. Acting pursuant to the order, the U.S. Environmental Protection Agency (EPA) is reviewing and reconsidering several regulations issued during the Obama Administration that address methane emissions from various industrial sectors. Methane is a short-lived greenhouse gas (GHG) with a Global Warming Potential of more than 25 times carbon dioxide that is emitted from...
Economic Impact of Infrastructure Investment
Infrastructure investment has received renewed interest as of late, with both President Trump and some Members of Congress discussing the benefits of such spending. Infrastructure can be defined in a number of ways depending on the policy discussion; in general, however, the term refers to longer-lived, capital-intensive systems and facilities, such as roads, bridges, and water treatment facilities.
Over the past several decades, government investment in infrastructure as a percentage of gross domestic product (GDP) has declined. Annual infrastructure investment by federal, state, and...
Community Services Block Grants (CSBG): Background and Funding
Community Services Block Grants (CSBG) provide federal funds to states, territories, and tribes for distribution to local agencies to support a wide range of community-based activities to reduce poverty. These include activities to help families and individuals achieve self-sufficiency, find and retain meaningful employment, attain an adequate education, make better use of available income, obtain adequate housing, and achieve greater participation in community affairs. In addition, many local agencies receive federal funds from other sources and may administer other federal...
Banking Law: An Overview of Federal Preemption in the Dual Banking System
Banks play a critical role in the United States economy, channeling funds from savers to borrowers and thereby facilitating economic activity. To address the risks of bank failures and excessive risk-taking, and the problem that consumers at times lack the information or expertise to make sound choices concerning financial products and services, both federal and state lawmakers have imposed a host of regulations on commercial banks.
The United States has what is referred to as a “dual banking system,” in which banks can choose to apply for a charter from a state banking authority or a...
21st Century Flood Reform Act (H.R. 2874): Reforming the National Flood Insurance Program
The National Flood Insurance Program (NFIP) was established by the National Flood Insurance Act of 1968 (NFIA, 42 U.S.C. §4001 et seq.), and was reauthorized until February 8, 2018 (H.R. 195). Unless reauthorized or amended by Congress, the following will occur after February 8, 2018: (1) the authority to provide new flood insurance contracts will expire; and (2) the authority for the NFIP to borrow funds from the Treasury will be reduced from $30.425 billion to $1 billion.
The House passed H.R. 2874, the 21st Century Flood Reform Act, on November 14, 2017, with a vote of 237-189. H.R....
Acquisition Reform in the FY2016-FY2018 National Defense Authorization Acts (NDAAs)
Congress has long been interested in defense acquisition and generally exercises its legislative powers to affect defense acquisitions through Title VIII of the National Defense Authorization Act (NDAA), entitled Acquisition Policy, Acquisition Management, and Related Matters. Congress has been particularly active in legislating acquisition reform over the last three years. For FY2016-FY2018, NDAA titles specifically related to acquisition contained an average of 82 provisions (247 in total), compared to an average of 47 such provisions (466 in total) in the NDAAs for the preceding 10...
Prevalence of Mental Illness in the United States: Data Sources and Estimates
Determining how many people have a mental illness can be difficult, and prevalence estimates vary. While numerous surveys include questions related to mental illness, few provide prevalence estimates of diagnosable mental illness (e.g., major depressive disorder as opposed to feeling depressed, or generalized anxiety disorder as opposed to feeling anxious), and fewer still provide national prevalence estimates of diagnosable mental illness. This report briefly describes the methodology and results of three large surveys (funded in whole or in part by the U.S. Department of Health and Human...
The Marshall Plan: Design, Accomplishments, and Significance
The European Recovery Program (ERP), more commonly known as the Marshall Plan (the Plan), was a program of U.S. assistance to Europe during the period 1948-1951. The Marshall Plan—launched in a speech delivered by Secretary of State George Marshall on June 5, 1947—is considered by many to have been the most effective ever of U.S. foreign aid programs. An effort to prevent the economic deterioration of postwar Europe, expansion of communism, and stagnation of world trade, the Plan sought to stimulate European production, promote adoption of policies leading to stable economies, and take...
Comparison of the Bills to Extend State Children’s Health Insurance Program (CHIP) Funding
The State Children’s Health Insurance Program (CHIP) is a means-tested program that provides health coverage to targeted low-income children and pregnant women in families that have annual income above Medicaid eligibility levels but have no health insurance. CHIP is jointly financed by the federal government and the states, and the states are responsible for administering CHIP.
In statute, FY2017 was the last year a federal CHIP appropriation was provided. Federal CHIP funding was not extended before the beginning of FY2018. As a result, states do not currently have full-year FY2018 CHIP...
On March 25, 2016, the Occupational Safety and Health Administration (OSHA) of the Department of Labor (DOL) published new standards regulating exposure to crystalline silica in the workplace. Under the new standards, the Permissible Exposure Limit (PEL) for crystalline silica is to be reduced to 50 µg/m3 (micrograms per cubic meter of air). Employers are to be required to monitor crystalline silica exposure if workplace levels may exceed 25 µg/m3 for at least 30 days in a year and provide medical monitoring to employees in those workplaces. In the case of construction workers, medical...
An analysis of the major provisions of the 2017 tax revision, P.L. 115-97, by the Tax Policy Center (TPC) indicates that the legislation would result in some taxpayers paying more in taxes, some paying less in taxes, and some seeing little or no change in their tax liability. Similar analysis done by the Joint Committee on Taxation (JCT) examined the impact of the Senate bill before conference, finding generally similar trends. However, an updated JCT analysis has not been done for the final law. In addition, the definitions of income and tax increase and decrease used by JCT differ from...
Public Safety Officers’ Benefits (PSOB) Program: In Brief
The Public Safety Officers’ Benefits (PSOB) program provides three different types of benefits to public safety officers and their survivors: death, disability, and education benefits. The PSOB program is administered by the Department of Justice, Bureau of Justice Assistance’s (BJA’s) PSOB Office.
The PSOB death benefit is a mandatory program, and the disability and education benefits are discretionary programs. As such, Congress appropriates “such sums as are necessary” each fiscal year to fund the PSOB death benefit program while appropriating separate amounts for both the disability...
The Food and Drug Administration’s (FDA’s) review of brand-name and generic animal drug applications is funded through a combination of annual discretionary appropriations from Congress and user fees collected from the regulated industry.
The Animal Drug User Fee Act of 2003 (ADUFA I, P.L. 108-130) gave FDA initial authority to collect user fees from sponsors to improve the timeliness of review of animal drug applications. ADUFA I did not cover generic animal drugs. In 2008, in response to concerns regarding generic drug application review times and a backlog of applications, Congress...
Trends in Bank Secrecy Act/Anti-Money Laundering Enforcement
This report provides an overview of recent trends in the enforcement of the Bank Secrecy Act (BSA), the principal U.S. anti-money laundering law regulating financial institutions.
The report begins by providing general background information on BSA penalties and enforcement. The report concludes by discussing three recent trends that commentators have observed in BSA enforcement: (1) an increase in the frequency with which BSA enforcement actions involve an assessment of money penalties, and an increase in the size of those penalties, (2) an increased emphasis by regulators on the...
U.S. Postal Service Governors: And Then There Were None
Background: U.S. Postal Service Board of Governors
The Board of Governors of the U.S. Postal Service (hereinafter, the Board) was created by a provision of the Postal Reorganization Act in 1970 (PRA, 39 U.S.C. §202). The U.S. Postal Service (USPS) describes the Board as “comparable to a board of directors of a private corporation.” Guided by statute and its bylaws, the Board “directs the exercise of the powers of the Postal Service, reviews the practices and policies of the Postal Service, and directs and controls the expenditures of the Postal Service.”
The Board is composed of 11...
Funding and Financing Highways and Public Transportation
For many years, federal surface transportation programs were funded almost entirely from taxes on motor fuels deposited in the Highway Trust Fund (HTF). Although there has been some modification to the tax system, the tax rates, which are fixed in terms of cents per gallon, have not been increased at the federal level since 1993. Prior to the recession that began in 2007, annual increases in driving, with a concomitant increase in fuel use, were sufficient in most years to keep revenue rising steadily. This is no longer the case. Although vehicle miles traveled have recently surpassed...
Mandatory Minimum Sentencing of Federal Drug Offenses in Short
As a general rule, federal judges must impose a minimum term of imprisonment upon defendants convicted of various controlled substance (drug) offenses and drug-related offenses. The severity of those sentences depends primarily upon the nature and amount of the drugs involved, the defendant’s prior criminal record, any resulting injuries or death, and in the case of the related firearms offenses, the manner in which the firearm was used.
The drug offenses reside principally in the Controlled Substances Act or the Controlled Substances Import and Export Act. The drug-related firearms...
Mandatory Minimum Sentencing of Federal Drug Offenses
As a general rule, federal judges must impose a minimum term of imprisonment upon defendants convicted of various controlled substance (drug) offenses and drug-related offenses. The severity of those sentences depends primarily upon the nature and amount of the drugs involved, the defendant’s prior criminal record, any resulting injuries or death, and in the case of the related firearms offenses, the manner in which the firearm was used.
The drug offenses reside principally in the Controlled Substances Act or the Controlled Substances Import and Export Act. The drug-related firearms...
Venezuela’s Economic Crisis: Issues for Congress
Venezuela’s Economic Crisis: Overview
Venezuela is facing a political crisis under the authoritarian rule of President Nicolás Maduro, who appears to have continued to consolidate power over the political opposition in recent months. Underpinning Venezuela’s political crisis is an economic crisis. Venezuela is a major oil producer and exporter, and the 2014 crash in oil prices, combined with years of economic mismanagement, hit Venezuela’s economy hard. Venezuela’s economy has contracted by 35% since 2013, a larger contraction than the United States experienced during the Great Depression....
Transatlantic Relations in 2018
As the second year of the Trump Administration begins, a degree of uncertainty lingers over transatlantic relations. The U.S.-European partnership could face challenges in 2018. Following the election of President Trump, numerous European officials and analysts expressed concern about the future trajectory of U.S.-European relations, particularly the U.S. commitment to NATO, the European Union (EU), and the multilateral trading system. Although the Trump Administration has not altered or withdrawn from the fundamental aspects of the transatlantic relationship, many European leaders appear...
P.L. 115-97: Net Operating Losses
The 2017 tax revision (P.L. 115-97) enacted on December 22, 2017, made significant changes to the federal tax system, including changes to the tax treatment of business net operating losses (NOLs). This Insight provides an overview of the tax treatment of NOLs that existed before the enactment of P.L. 115-97 and the treatment of losses going forward as a result of the 2017 revision.
What Is an NOL?
A business incurs an NOL when its deductions exceed its gross income, or, put differently, when a business’s taxable income is negative. The year in which the NOL is realized is referred to as...
Drug Compounding: FDA Authority and Possible Issues for Congress
Drug compounding is a process by which a pharmacist or physician combines, mixes, or alters various drug ingredients to create a drug to meet the unique needs of an individual patient for whom an approved drug may not be appropriate (e.g., due to an allergy to a dye in the product).
The Federal Food, Drug, and Cosmetic Act (FFDCA) authorizes the Food and Drug Administration (FDA) to regulate the manufacturing and sale of drugs in the United States, including compounded drugs. Generally, a drug may not be sold unless the FDA, through its drug approval process, has determined that the drug...
Army Corps Supplemental Appropriations: History, Trends, and Policy Issues
Congress directs the U.S. Army Corps of Engineers (Corps) to plan and build water resource facilities through the agency’s civil works program. The Corps also has a prominent role in responding to natural disasters, especially floods, in U.S. states and territories. In recent years through supplemental appropriations, Congress also has funded the agency to study and construct projects that reduce flood risks in areas recently affected by some hurricanes and floods. The 115th Congress is considering possible responses to various natural disasters in 2017. H.R. 4667—Further Additional...
Child Welfare: An Overview of Federal Programs and Their Current Funding
Child welfare services are intended to prevent the abuse or neglect of children; ensure that children have safe, permanent homes; and promote the well-being of children and their families. As the U.S. Constitution has been interpreted, states bear the primary authority for ensuring the welfare of children and their families. The federal government has shown long-standing interest in helping states improve their services to children and families and, through the provision of federal support, requires states to meet certain child welfare requirements. For FY2017, an estimated $8.9 billion in...
P.L. 115-97: The Mortgage Interest Deduction
P.L. 115-97, the 2017 tax revision, was enacted on December 22, 2017. The law makes significant changes to the federal tax system, including to the mortgage interest deduction. This Insight briefly explains the 2017 law governing the mortgage interest deduction and the modifications made to the deduction by P.L. 115-97.
2017 Law
For the 2017 tax year, a homeowner may deduct the interest paid on a mortgage that finances the acquisition of a primary or secondary residence as long as the homeowner itemizes their tax deductions. The amount of interest that may be deducted is limited to the...
The Federal Tax System for the 2017 Tax Year
The 115th Congress has passed legislation that substantially changes the U.S. federal tax system (H.R. 1). This report describes the federal tax structure, provides some statistics on the tax system as a whole, as of 2017.
Historically, the largest component of the federal tax system, in terms of revenue generated, has been the individual income tax. In fiscal year (FY) 2016, $1.5 trillion, or 47% of the federal government’s revenue, was collected from the individual income tax. The corporate income tax generated another $300 billion in revenue in FY2016, or 9% of total revenue. Social...
Policy Options to Increase Physician Training Education in Proper Opioid Prescribing
Among the recommendations of the President’s Commission on Combating Drug Addiction and the Opioid Crisis (President’s Commission) is to mandate “medical education and prescriber education initiatives in proper opioid prescribing and risks of developing an SUD [Substance Use Disorder].”
This Insight focuses on physician efforts because physicians can prescribe in every state but not all states permit advanced practice nurses or physician assistants to prescribe opioids. Many of the policy options discussed in this Insight could also be applied to other provider types (e.g., nonphysicians)...
Floodplain Management and Flood Resilience: Current Policy and Considerations for Congress
An issue for Congress is how federal floodplain policy shapes implementation of federal projects and programs. Floodplain policy has particular relevance for federal disaster recovery assistance and infrastructure support. President Trump and, earlier, Presidents Obama and Carter have provided direction on federal floodplain policy. This Insight describes this presidential direction and presents considerations for Congress.
Presidential Direction and Current Policy
Three executive orders (E.O.s) are directly relevant to current federal floodplain policy:
E.O. 13807 (Trump, 2017),...
Tailoring Bank Regulations: Differences in Bank Size, Activities, and Capital Levels
Banking organizations differ across a multitude of characteristics. The amount of assets they hold, the services they provide, and how they secure funding are just a few examples. These differences affect an individual organization’s risk of failure and the risk its failure or distress could pose to the overall financial system. Policymakers generally agree that certain banking regulations should be tailored to account for such differences, and as a result, banks are currently subject to or exempt from various regulations if they meet certain criteria. To what degree existing bank...
The Deduction for Out-of-Pocket Teacher Expenses
While both the House and Senate tax reform proposals proposed changing the above-the-line deduction for out-of-pocket teacher expenses, the Conference Report to accompany H.R. 1 ultimately retains the current law deduction. The House proposal, the Tax Cuts and Jobs Act (H.R. 1), would have repealed the deduction. In contrast, the Senate proposal would have temporarily increased the deduction to $500, through 2025. The Joint Committee on Taxation (JCT) estimated that repealing the deduction (the House proposal) would have increased revenues by $2.1 billion between 2018 and 2027, while...
The 2017 National Security Strategy: Issues for Congress
On December 18, 2017, the Trump Administration released its first National Security Strategy (NSS). The document maintains that, in addition to the threats posed to the United States by rogue regimes and violent extremist organizations that have been a central focus of national security policy since the end of the Cold War, great power rivalry and competition have once again become a central feature of the international security landscape. To advance U.S. interests effectively within this strategic context, the Administration argues, the United States must improve domestic American...
Division A of H.R. 3922: The CHAMPIONING HEALTHY KIDS Act
On October 30, 2017, the House Rules Committee posted an amendment in the nature of a substitute for the Community Health And Medical Professionals Improve Our Nation Act of 2017 (CHAMPION Act, H.R. 3922). The amendment considered by the House struck the text of the CHAMPION Act and replaced it with the text of the amendment in the nature of the substitute.
The amendment in the nature of a substitute is entitled the Continuing Community Health And Medical Professional Programs to Improve Our Nation, Increase National Gains, and Help Ensure Access for Little Ones, Toddlers, and Hopeful...
Educational Assessment and the Elementary and Secondary Education Act
The Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA; P.L. 114-95), specifies the requirements for assessments that states must incorporate into their state accountability systems to receive funding under Title I-A. While many of the assessment requirements of the ESEA have not changed from the requirements put into place by the No Child Left Behind Act (NCLB; P.L. 107-110), the ESSA provides states some new flexibility in meeting them. This report has been prepared in response to congressional inquiries about the revised educational...
Contested Elections in Honduras
Honduras has descended into political crisis in the aftermath of disputed elections held on November 26, 2017. On election night, with 57% of the vote counted, Salvador Nasralla, a television personality and sports commentator backed by the left-leaning Opposition Alliance Against the Dictatorship, held a five-point lead over incumbent President Juan Orlando Hernández of the conservative National Party (PN). Hernández edged ahead of Nasralla several days later, however, after the country’s Supreme Electoral Tribunal (TSE) belatedly processed the outstanding votes. The Opposition Alliance...
Supplemental Appropriations Proposed for Agriculture
Crop and livestock losses from the 2017 hurricane season and wildfires in the West have created a demand for agricultural disaster assistance. To date, Congress has enacted two supplemental appropriations, but neither included funding for agricultural-related losses.
On November 17, 2017, the Administration made a third supplemental appropriations request. Overall, it included $44 billion of additional appropriations, offset by $59 billion of reductions. For analysis of the request see CRS Insight IN10832, Proposed Offsets Exceed Spending for Agriculture in the Administration’s Disaster...
EPA’s Clean Power Plan for Existing Power Plants: Frequently Asked Questions
On October 10, 2017, the U.S. Environmental Protection Agency (EPA) proposed to repeal the Clean Power Plan (CPP), the Obama Administration rule that would limit carbon dioxide (CO2) emissions from existing fossil-fuel-fired power plants. The action came in response to Executive Order 13783, in which President Trump directed federal agencies to review existing regulations and policies that potentially burden the development or use of domestically produced energy resources. Among the E.O.’s specific directives was that EPA review the CPP, which was one of the Obama Administration’s most...
Basic Concepts and Technical Considerations in Educational Assessment: A Primer
Federal education legislation continues to emphasize the role of assessment in elementary and secondary schools. Perhaps most prominently, the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA; P.L. 114-95), requires the use of test-based educational accountability systems in states and specifies the requirements for the assessments that states must incorporate into state-designed educational accountability systems. These requirements are applicable to states that receive funding under Title I-A of the ESEA. More specifically, to receive...
Short-Term FAA Extension in Place, but Legislative Debate Continues
Both the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation acted favorably on bills to reauthorize the Federal Aviation Administration (FAA) and other aviation programs in June 2017. The two bills, H.R. 2997 and S. 1405, have significant differences, many of them related to provisions in the House bill that would create a not-for-profit private corporation to take over responsibility for running the national air traffic control system. The Senate bill contains no similar provisions, and the passage of long-term...
The National Science Foundation: FY2018 Appropriations and Funding History
The National Science Foundation (NSF) supports basic research and education in the non-medical sciences and engineering. NSF is a major source of federal support for U.S. university research, especially in certain fields such as computer science. It is also responsible for significant shares of the federal science, technology, engineering, and mathematics (STEM) education program portfolio and federal STEM student aid and support.
Overall, the Trump Administration is seeking $6.653 billion for NSF in FY2018, an $819 million decrease (-11%) from the FY2017 enacted level of $7.472 billion....
An analysis of the Senate Finance Committee-approved tax reform bill by the Joint Committee on Taxation (JCT) indicates that the legislation would result in some taxpayers paying more in taxes, some paying less in taxes, and some seeing little or no change in their tax liability. JCT’s analysis, dated November 27, 2017, was conducted before the Senate passed H.R. 1 with an amendment on December 2, 2017. While the analysis was provided to the Washington Post and others, it has not been posted on JCT’s website.
As illustrated in Figure 1, JCT estimates that in 2019,
the majority of the...
The $50 Billion Threshold in the Dodd-Frank Act: Key Findings
This Insight presents the key findings from the newly issued CRS Report R45036, Bank Systemic Risk Regulation: The $50 Billion Threshold in the Dodd-Frank Act.
Background
The 2007-2009 financial crisis highlighted the problem of “too big to fail” (TBTF) financial institutions—the concept that the failure of a large financial firm could trigger financial instability, which in several cases prompted extraordinary federal assistance to prevent their failure. One pillar of the Dodd-Frank Act’s (P.L. 111-203’s) response to addressing financial stability and ending TBTF was a new enhanced...
Mixed-Oxide Fuel Fabrication Plant and Plutonium Disposition: Management and Policy Issues
The Mixed Oxide Fuel Fabrication Facility (MFFF) in South Carolina has been a key component of the current U.S. strategy for disposing of surplus weapons plutonium from the Cold War. Disposition of surplus plutonium is required by a 1998 agreement, amended in 2010, between the United States and the Russian Federation. Each country agreed to convert 34 metric tons of surplus weapons-grade plutonium to a form that could not be returned to nuclear weapons, to begin in 2018. Russia suspended its participation in the agreement in October 2016 due to what it called “hostile actions” by the...
FY2018 National Defense Authorization Act: Selected Military Personnel Issues
Military personnel issues typically generate significant interest from many Members of Congress and their staffs. This report provides a brief synopsis of selected sections in the National Defense Authorization Act for FY2018 (H.R. 2810), as passed by the House on July 14, 2017, and the Senate on September 18, 2017. The FY2018 NDAA conference report was passed by the House on November 14, 2017, and the Senate on November 16, 2017. On December 12, President Donald J. Trump signed the bill into law (P.L. 115-91). Issues include military end-strengths, pay and benefits, and other personnel...
Afghanistan: Post-Taliban Governance, Security, and U.S. Policy
The United States, partner countries, and the Afghan government are attempting to reverse recent gains made by the resilient Taliban-led insurgency since the December 2014 transition to a smaller international mission consisting primarily of training and advising the Afghanistan National Defense and Security Forces (ANDSF). The Afghan government has come under increasing domestic criticism not only for failing to prevent insurgent gains but also for its internal divisions that have spurred the establishment of new political opposition coalitions. In September 2014, the United States...
Taylor Force Act: Palestinian Terrorism-Related Payments and U.S. Aid
Some Members of Congress have increased their scrutiny of the Palestinian practice of providing payments to some Palestinians (and/or their families) who have been imprisoned for or accused of terrorism by Israel. Critics have asserted that because money is fungible, any aid that directly benefits the Palestinian Authority (PA) could indirectly support such payments. Congress may consider legislation—most of the bills are known as the Taylor Force Act—that could supersede existing provisions on the subject in annual appropriations legislation. The impact that the legislation could have on...
Jerusalem: U.S. Recognition as Israel’s Capital and Planned Embassy Move
Via a presidential document that he signed after a speech on December 6, 2017, President Trump proclaimed “that the United States recognizes Jerusalem as the capital of the State of Israel and that the United States Embassy to Israel will be relocated [from Tel Aviv] to Jerusalem as soon as practicable.” A December deadline for a presidential decision under the Jerusalem Embassy Act of 1995 (P.L. 104-45) and plans for Vice President Pence to travel to the region apparently precipitated the timing of the President’s decision.
Despite his proclamation on the planned embassy relocation, the...
Medicare Temporary Payment Adjustments for Ground Ambulance Scheduled to Expire
Medicare Part B pays ambulance suppliers and providers for services and mileage under the Ambulance Fee Schedule (AFS). Congress established, through the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (P.L. 108-173), three temporary payment adjustments for ground ambulance transports. These temporary adjustments, among other AFS adjustments, are determined by the zip code where the patient is picked up; every zip code in the United States is eligible for at least one of the three temporary payment adjustments. Since enactment, Congress has modified and extended...
This report is designed to introduce congressional staff to selected governmental and nongovernmental sources that are useful in tracking and obtaining information on federal legislation and regulations. It includes governmental sources, such as Congress.gov, the Government Publishing Office’s Federal Digital System (FDsys), and U.S. Senate and House websites. Nongovernmental or commercial sources include resources such as HeinOnline and the Congressional Quarterly (CQ) websites. The report also highlights classes offered by the Congressional Research Service (CRS) and the Law Library of...
Efforts to Address Seasonal Agricultural Import Competition in the NAFTA Renegotiation
The United States has initiated renegotiations of the North American Free Trade Agreement (NAFTA) with Canada and Mexico. Among the Administration’s agriculture-related objectives in the renegotiation is a proposal to establish new rules for seasonal and perishable products, such as fruits and vegetables, which would establish a separate domestic industry provision for perishable and seasonal products in anti-dumping and countervailing duties (AD/CVD) proceedings. This could protect certain U.S. seasonal fruit and vegetable products by making it easier to initiate trade remedy cases...
Senate Committee Hearings: Scheduling and Notification
Senate standing committees have authority to hold hearings whether the Senate is in session, has recessed, or has adjourned (Rule XXVI, paragraph 1). Regardless of the type of hearing or whether a hearing is held in or outside of Washington, hearings share common aspects of planning and preparation.
Natural Disasters of 2017: Congressional Considerations Related to FEMA Assistance
This Insight provides a short overview of issues Congress may consider in its oversight of the Federal Emergency Management Agency’s (FEMA’s) federal assistance during the 2017 hurricane season (e.g., Harvey, Irma, and Maria) and other disasters (e.g., fires in California). For the current status of response efforts, see official government sources and news media. For additional support, please contact CRS experts.
Stafford Act Declarations and Response
Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act), the President may declare an emergency or...
Senate Committee Hearings: Arranging Witnesses
Selecting witnesses is one of the most important aspects of planning a Senate hearing. Committees and subcommittees pay careful attention to which viewpoints will be represented, who should testify, and the order and format for presenting witnesses. A witness must be invited by a committee in order to testify. Standing committees and their subcommittees may also subpoena reluctant witnesses.
Senate Consideration of Treaties
The consideration of treaties and nominations constitutes the executive business of the Senate. The Senate conducts executive business only after it has resolved into executive session. Senate Rule XXIX is concerned with executive sessions; Rule XXX discusses proceedings on treaties. This report is one of a series of CRS reports on aspects of the legislative process, and it will be updated to reflect any change in the rules and practices of the Senate regarding consideration of treaties.
Senate Committee Hearings: Witness Testimony
Generally, witnesses before Senate committees (except Appropriations) must provide a committee with a copy of their written testimony at least one day prior to their oral testimony (Rule XXVI, paragraph 4(b)). It is common practice to ask a witness to limit his or her oral remarks to a brief summary of the written testimony. A question-and-answer period usually follows a witness’s oral testimony. Senate rules require committees to make publicly available a transcript or recording of any public meeting.
Senate Committee Rules in the 115th Congress: Key Provisions
Senate Rule XXVI establishes specific requirements for certain Senate committee procedures. In addition, each Senate committee is required to adopt rules to govern its own proceedings. These rules may “not be inconsistent with the Rules of the Senate.” Senate committees may also operate according to additional established practices that are not necessarily reflected in their adopted rules but are not specifically addressed by Senate rules. In sum, Senate committees are allowed some latitude to establish tailored procedures to govern certain activities, which can result in significant...
Bank Systemic Risk Regulation: The $50 Billion Threshold in the Dodd-Frank Act
The 2007-2009 financial crisis highlighted the problem of “too big to fail” financial institutions—the concept that the failure of a large financial firm could trigger financial instability, which in several cases prompted extraordinary federal assistance to prevent their failure. This report focuses on one pillar of the Dodd-Frank Act’s (P.L. 111-203) response to addressing financial stability and ending too big to fail: a new enhanced prudential regulatory regime that applies to all banks with more than $50 billion in assets and to certain other financial institutions. Under this regime,...
Winter Fuels Outlook 2017-2018
The Energy Information Administration (EIA), in its Short-Term Energy and Winter Fuels Outlook (STEWFO) for the 2017-2018 winter heating season, projects that American consumers should expect to see heating expenditures that will be higher than last winter. However, the winter of 2016-2017 was relatively warm. Average expenditures for those heating with natural gas are projected to increase by 12%, while those heating with electricity are projected to see an increase of about 8%. These two fuels serve as the heating source for about 87% of all U.S. household heating. Propane and home...
FEMA’s Firefighter Assistance Grants: Reauthorization or Sunset?
Under current law (15 U.S.C. 2229(r) and 15 U.S.C. 2229a(k)), sunset provisions for the Assistance to Firefighters Grant (AFG) and the Staffing for Adequate Fire and Emergency Response (SAFER) programs will go into effect on January 2, 2018, unless the 115th Congress enacts AFG and SAFER reauthorization legislation. On August 2, 2017, the Senate passed the AFG and SAFER Program Reauthorization Act of 2017 (S. 829) by unanimous consent. S. 829 would repeal the sunset provisions for AFG and SAFER, as well as reauthorize appropriations for both programs through FY2023. The House has not...
The Child and Dependent Care Credit: Impact of Selected Policy Options
Some policymakers have shown interest in having the federal government offset some of the costs families incur for child care. The child and dependent care tax credit (CDCTC or “child care credit”) reimburses some taxpayers for a portion of their out-of-pocket child care expenses. The CDCTC is a nonrefundable tax credit, meaning taxpayers with little or no income tax liability—including many low-income taxpayers—receive little if any credit. Using the TRIM3 model, this report provides estimates of key characteristics of the CDCTC under current law and estimates the distributional effect of...
Senate Committee Hearings: Preparation
Committee hearings allow Senators an opportunity to gather information on—and draw attention to—legislation and issues within a committee’s purview, conduct oversight of programs or agencies, and investigate allegations of wrongdoing.
This checklist identifies, primarily for staff, many of the tasks that need to be performed by a full committee and, in most cases, subcommittees in advance of a hearing. Some of the tasks are required by Senate or committee rules; others are common committee practice. Some tasks are usually the responsibility of the committee’s majority staff, some are...
The Foreign Agents Registration Act (FARA): A Legal Overview
In the wake of the 2016 election, concerns have been raised with respect to the legal regime governing foreign influence in domestic politics. The central law concerning the activities of the agents of foreign entities acting in the United States is the Foreign Agents Registration Act (FARA or Act). Enacted in 1938 to promote transparency with respect to foreign influence in the political process, FARA generally requires “agents of foreign principals” undertaking certain activities on behalf of foreign interests to register with and file regular reports with the U.S. Department of Justice...
Understanding the Speech or Debate Clause
The Speech or Debate Clause (Clause) of the U.S. Constitution states that “[F]or any Speech or Debate in either House,” Members of Congress (Members) “shall not be questioned in any other Place.” The Clause serves various purposes: principally to protect the independence and integrity of the legislative branch by protecting against executive or judicial intrusions into the protected legislative sphere, but also to bar judicial or executive processes that may constitute a “distraction” or “disruption” to a Member’s representative or legislative role. Despite the literal text, protected acts...
Proposed Offsets Exceed Spending for Agriculture in the Administration’s Disaster Assistance Request
On November 17, 2017, the Office of Management and Budget (OMB) released the Administration’s request for a third round of supplemental funding in response to natural disasters in 2017. The total request includes $44 billion of additional appropriations for disasters during 2017, offset by $59 billion of reductions to budget authority for previous appropriations ($15 billion) and a two-year extension of sequestration on mandatory spending ($44 billion) from FY2025 to FY2027.
Accounts in the jurisdiction of Agriculture appropriations would receive an additional of $992 million for...
Supplemental Appropriations and the 2017 Hurricane Season
The 2017 hurricane season was the fifth-most active on record in the Atlantic Basin, in terms of accumulated storm strength. Four named storms made landfall on U.S. soil from mid-August to mid-October, causing extensive damage. Concurrently, a series of deadly wildfires struck California.
Enacted 2017 Hurricane Season Supplemental Appropriations
Congress has passed two supplemental appropriations bills in response to Administration requests made in September and October 2017 in the wake of these incidents. Table 1 outlines the two requests and enacted appropriations.
Table 1. Enacted...
Money Laundering: An Overview of 18 U.S.C. § 1956 and Related Federal Criminal Law
This report provides an overview of the elements of federal criminal money laundering statutes and the sanctions imposed for their violation. The most prominent is 18 U.S.C. § 1956. Section 1956 outlaws four kinds of money laundering—promotional, concealment, structuring, and tax evasion laundering of the proceeds generated by designated federal, state, and foreign underlying crimes (predicate offenses)—committed or attempted under one or more of three jurisdictional conditions (i.e., laundering involving certain financial transactions, laundering involving international transfers, and...
Money Laundering: An Abridged Overview of 18 U.S.C. § 1956 and Related Federal Criminal Law
This report provides an overview of the elements of federal criminal money laundering statutes and the sanctions imposed for their violation. The most prominent is 18 U.S.C. § 1956. Section 1956 outlaws four kinds of money laundering—promotional, concealment, structuring, and tax evasion laundering of the proceeds generated by designated federal, state, and foreign underlying crimes (predicate offenses)—committed or attempted under one or more of three jurisdictional conditions (i.e., laundering involving certain financial transactions, laundering involving international transfers, and...
Colombia’s Changing Approach to Drug Policy
Colombia is one of the largest producers of cocaine globally, and it also produces heroin bound for the United States. Counternarcotics policy has long been a key component of the U.S.-Colombian relationship, which some analysts have described as “driven by drugs.” In recent years, Colombia revised its approach to counternarcotics policy, which may have implications for the U.S.-Colombian relationship going forward. On September 13, 2017, President Trump cited the recent spike in Colombia’s cocaine production as the reason he was reserving the option to decertify Colombia as a cooperating...
Third Treasury Report on Regulatory Relief: Asset Management and Insurance
On October 26, 2017, the Department of the Treasury issued a report, “A Financial System That Creates Economic Opportunities: Asset Management and Insurance,” which examines the regulation of those industries. It is the third in a series of reports written in accordance with Executive Order 13772 issued by President Donald Trump on February 3, 2017, which directs the Secretary of the Treasury to report on how the financial system is regulated and how regulation could be improved.
The report examines asset management and insurance and makes recommendations for changes to how they are...
Reauthorization of the Federal Aviation Administration (FAA) in the 115th Congress
Funding authorization for the Federal Aviation Administration (FAA), included in the FAA Extension, Safety, and Security Act of 2016 (P.L. 114-190), expired at the end of FY2017. A subsequent six-month extension (P.L. 115-63) is set to expire at the end of March 2018. Long-term FAA reauthorization measures (H.R. 2997 and S. 1405) are currently under consideration. In addition to setting spending levels, FAA authorization acts typically set policy on a wide range of issues related to civil aviation. This report considers prominent topics in the 115th Congress reauthorization debate.
Most...
The Trump Administration and the Unified Agenda of Federal Regulatory and Deregulatory Actions
Donald J. Trump promised that if he were elected President, he would instruct federal agencies to reduce their regulations significantly. As of late 2017, this deregulation was underway in agencies across the federal government.
One way for Congress and the public to be informed about this deregulatory activity is to consult the “Unified Agenda of Federal Regulatory and Deregulatory Actions.” The Unified Agenda is a government-wide publication of rulemaking actions agencies expect to take in the coming months, and it contains both regulatory actions (i.e., new regulations) and deregulatory...
Zimbabwe’s Political Transition: Issues for Congress
In mid-November 2017, spurred by an intraparty rivalry within the ruling Zimbabwe National Union-Patriotic Front (ZANU-PF) party to succeed then-President Robert Mugabe (age 93), the Zimbabwe Defense Forces (ZDF) seized control of key national political and military facilities. The ZDF then reportedly pressed Mugabe—head of state since independence in 1980—to resign, reverse his recent dismissal of Vice President Emmerson Mnangagwa in favor of Mugabe’s wife, Grace Mugabe, and halt a ZANU-PF purge of Mnangagwa’s supporters. (See CRS Insight IN10819, Zimbabwe: A Military-Compelled...
Iran’s Expanding Economic Relations with Asia
Overview
Since multilateral sanctions on Iran were lifted in January 2016 under the Iran nuclear agreement (Joint Comprehensive Plan of Action, JCPOA), foreign firms have begun to resume business with Iran. Iranian leaders seem to be counting on expanded economic ties with the major East Asian economies to help Iran emerge from the years of international sanctions, diversify its economy away from reliance on hydrocarbon products, and become a regional trading hub. Expanding ties with Asia is politically easy for Iran because the major Asian countries remained engaged in Iran’s economy even...
The Opioid Epidemic and the Labor Force
Some Members have expressed strong concerns about the societal costs of the opioid epidemic, including its potential to adversely affect the U.S. economy. Efforts to quantify the annual economic costs of opioid abuse and dependence return estimates in the tens of billions, of which workforce losses—decreased productivity, missed days of work, and premature death—account for a substantial share. Opioid abuse could further generate labor force costs—directly or indirectly—if it affects labor force participation decisions and unemployment. A small body of research has explored and identified...
The President makes appointments to positions within the federal government, either using the authorities granted by law to the President alone or with the advice and consent of the Senate. This report identifies all nominations during the 114th Congress that were submitted to the Senate for full-time positions in 40 organizations in the executive branch (27 independent agencies, 6 agencies in the Executive Office of the President [EOP], and 7 multilateral organizations) and 4 agencies in the legislative branch. It excludes appointments to executive departments and to regulatory and other...
The President makes appointments to certain positions within the federal government, either using authorities granted to the President alone or with the advice and consent of the Senate. There are some 151 full-time leadership positions on 34 federal regulatory and other collegial boards and commissions for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate for full-time positions on these 34 boards and commissions during the 114th Congress.
Information for each board and commission is presented in profiles and tables. The profiles...
Egypt: Terrorist Attack in the Sinai Peninsula
Background
Terrorists based in the Sinai Peninsula have been waging an insurgency against the Egyptian government for more than six years. While the terrorist landscape in Egypt is evolving and encompasses several groups, Sinai Province (SP) is known as the most lethal. Since its affiliation with the Islamic State in 2014, SP has attacked the Egyptian military continually, targeted Coptic Christian individuals and places of worship, and occasionally fired rockets into Israel. In October 2015, SP targeted Russian tourists departing the Sinai by allegedly planting a bomb aboard Metrojet...
Senate Rules Restricting the Content of Conference Reports
Two Senate rules affect the authority of conferees to include in their report matter that was not passed by the House or Senate before the conference committee was appointed. Colloquially, such provisions are sometimes said to have been “airdropped” into the conference report. First, Rule XXVIII precludes conference agreements from including policy provisions that were not sufficiently related to either the House or the Senate version of the legislation sent to conference. Such provisions are considered to be “out of scope” under long-standing Senate rules and precedents. Second, Paragraph...
Cybersecurity: State, Local, and International Authoritative Reports and Resources
Much is written by and about state, local, and international government efforts to address cybersecurity policy issues. This report and the CRS reports listed below link to authoritative sources that address many of the most prominent issues. It includes resources and studies from government agencies (federal, state, local, and international), think tanks, academic institutions, news organizations, and other sources. These sources are listed in reverse chronological order, with an emphasis on materials published in the past several years.
This report is intended to serve as a starting...
The Distribution of the Tax Policy Changes in H.R. 1 and the Senate’s Tax Cuts and Jobs Act
Distributional analysis can be used to illustrate how changes in tax policy would affect the economic well-being of taxpayers. The Joint Committee on Taxation (JCT) regularly prepares distributional analyses of major tax proposals. On November 14, 2017, the JCT released a distributional analysis of the Tax Cuts and Jobs Act (H.R. 1). H.R. 1 passed a vote in the House on November 16, 2017. The JCT has also released a distributional analysis of the Senate’s version of the Tax Cuts and Jobs Act.
When the goal of distributional analysis is to look at taxpayers’ economic well-being, one useful...
Keystone XL Pipeline: Recent Developments
Introduction
TransCanada’s proposed Keystone XL Pipeline would transport oil sands crude from Canada and shale oil produced in the Bakken region of North Dakota and Montana to a market hub in Nebraska (Figure 1). On November 20, 2017, the Nebraska Public Service Commission (PSC) approved the “alternative mainline” route for the Nebraska segment of Keystone XL which would co-locate some of the new pipeline with the company’s existing Keystone (Mainline) Pipeline. This route differs from the siting that TransCanada originally proposed (Figure 2, “preferred route”). Due to the PSC’s decision,...
Cybersecurity: Overview Reports and Links to Government, News, and Related Resources
Much is written on the topic of cybersecurity. This CRS report and those listed below direct the reader to authoritative sources that address many of the most prominent issues. Included in the reports are resources and studies from government agencies (federal, state, local, and international), think tanks, academic institutions, news organizations, and other sources.
This report is intended to serve as a starting point for congressional staff assigned to cover cybersecurity issues. It includes annotated descriptions of reports, websites, or external resources:
Table 1—cybersecurity...
Volcano and Landslide Provisions in Title X of S. 1460, the Energy and Natural Resources Act of 2017
Title X of S. 1460 would authorize a national volcano early warning and monitoring system (Subtitle A) and a National Landslide Hazards Reduction Program (Subtitle B) within the Department of the Interior (DOI). These activities would be led by the U.S. Geological Survey (USGS), a bureau within DOI.
Volcanoes
The USGS has indicated that progressively implementing a national volcano early warning system (NVEWS) to address a monitoring gap within its Volcano Hazards Program (funding level of $26 million in FY2017) has been a priority since 2005. In its FY2018 budget justification, however,...
Iraq: Background and U.S. Policy
The 115th Congress and the Trump Administration are considering options for U.S. engagement with Iraq as Iraqis look beyond the immediate security challenges posed by their intense three-year battle with the insurgent terrorists of the Islamic State organization (IS, aka ISIL/ISIS). While Iraq’s military victory over Islamic State forces is now virtually complete, Iraq’s underlying political and economic challenges are daunting and cooperation among the forces arrayed to defeat IS extremists has already begun to fray. The future of volunteer Popular Mobilization Forces (PMF) and the terms...
The Campus-Based Financial Aid Programs: Background and Issues
Three need-based student financial aid programs authorized under Title IV of the Higher Education Act of 1965 (HEA)—Federal Supplemental Educational Opportunity Grant (FSEOG) program, the Federal Work-Study (FWS) program, and the Federal Perkins Loan program—are collectively referred to as the “campus-based” programs. These programs are considered campus-based because federal funds are awarded directly to institutions of higher education (IHEs) that administer the programs and provide institutional funds to match the federal funds they receive for them.
The campus-based programs are among...
Cybersecurity: Education, Training, and R&D Authoritative Reports and Resources
Much is written on the topics of current gaps in the education and training of a cybersecurity workforce and the need for technology research and development (R&D) to solve cybersecurity technical issues. This CRS report directs the reader to authoritative sources that address these issues. The annotated descriptions of these sources are listed in reverse chronological order, with an emphasis on material published in the past several years. This report also includes resources and studies from government agencies (federal, state, local, and international), think tanks, academic...
Tax Incentives for Charitable Giving in the Tax Cuts and Jobs Act (H.R. 1)
Provisions in the Tax Cuts and Jobs Act (H.R. 1) would decrease the tax incentive for charitable giving. Under current law, taxpayers itemizing deductions can deduct contributions made to charitable organizations. Generally, the deduction is limited to 50% of adjusted gross income (AGI), although there are lower AGI limits for certain types of non-cash gifts and for gifts to certain types of recipient organizations.
H.R. 1 would decrease the tax incentive for charitable giving by substantially reducing the number of taxpayers itemizing deductions. Specifically, the standard deduction...
OPEC and Non-OPEC Crude Oil Production Agreement: Compliance Status
On November 30, 2016—in an effort to stabilize declining oil prices—the Organization of the Petroleum Exporting Countries (OPEC) announced an agreement whereby 11 of the then-active 13 members would reduce crude oil production by approximately 1.2 million barrels per day (bpd) for 6 months starting January 1, 2017. On December 10, 2016, OPEC announced that 11 non-OPEC countries, led by Russia, had joined the agreement by pledging to further reduce oil production by 558,000 bpd. This “Declaration of Cooperation” to collectively reduce oil production by approximately 1.8 million bpd was...
Zimbabwe: A Military-Compelled Transition?
Between November 14 and 15, members of the Zimbabwe Defense Forces (ZDF) seized control of the state-owned Zimbabwe Broadcasting Corporation and secured other key political and military facilities, in an action seen by some observers as a coup d’état. The ultimate objective and possible trajectory of their intervention remain unclear, but the move appears to have been sparked by a succession struggle within the ruling Zimbabwe National Union-Patriotic Front (ZANU-PF).
Specific triggers were President Robert Mugabe’s November 6 dismissal of one of Zimbabwe’s two vice presidents, Emmerson...
Potential Effects of a U.S. NAFTA Withdrawal: Agricultural Markets
The North American Free Trade Agreement (NAFTA) entered into force on January 1, 1994, establishing a free trade area as part of a comprehensive economic and trade agreement among the United States, Canada, and Mexico. Currently, the United States is renegotiating the agreement. However, repeated threats by President Trump to abandon NAFTA and other actions by the Administration as part of ongoing efforts to “modernize” NAFTA have raised concerns that the United States could withdraw from NAFTA. Although some U.S. agricultural sectors support NAFTA renegotiation and efforts to address...
With the military services looking to alleviate shortages of pilots and publicly admitting shortages in readiness, the Navy and Air Force have begun to look to contracting out some kinds of pilot training—specifically the live simulation of enemy aircraft.
Before the Vietnam War, American air forces trained internally, with pilots flying against others in similar aircraft using the same tactics. During that war, however, the United States learned a great deal about modern adversary tactics and the capabilities of the (mainly Soviet) aircraft employed in that war, which often differed...
Repair or Rebuild: Options for Electric Power in Puerto Rico
On September 20, 2017, Hurricane Maria made landfall in Puerto Rico as a Category 4 storm with sustained wind speeds of over 155 miles per hour. The hurricane also brought torrential rainfall with a range of 15 to 40 inches or more in some places, resulting in widespread flooding across the island. Puerto Rico’s office of emergency management reported that the storm had incapacitated the central electric power system, leaving the entire island without power as the island’s grid was essentially destroyed.
Even before the 2017 hurricane season, Puerto Rico’s electric power infrastructure...
The Article V Convention to Propose Constitutional Amendments: Current Developments
Article V of the U.S. Constitution provides two procedures for amending the nation’s fundamental charter: proposal of amendments by Congress, by a vote of two-thirds of the Members of both houses, and proposal by a convention, generally referred to as an “Article V Convention,” called on the application of the legislatures of two-thirds (34) of the states. Amendments proposed by either method must be ratified by three-fourths (38) of the states in order to become part of the Constitution. This report provides information for Members of Congress and congressional staff on current...
Telehealth Services Proposed for Medicare Part B Reimbursements, 2018: Fact Sheet
Suppress:
During the 115th Congress, several bipartisan bills have been introduced that aim to expand the number of telehealth services that are covered under Medicare. Telehealth is the electronic delivery of a health care service via a technological method. Health care providers use telehealth to improve patients’ access to and quality of care. Under Medicare, these patients are likely to live in rural areas, be under the age of 65, and be disabled.
The Centers for Medicare and Medicaid Services (CMS) administers the Medicare program and makes decisions on telehealth coverage and...
Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2018 Appropriations
The House and Senate Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations Subcommittees are charged with providing annual appropriations for the Department of Transportation (DOT), Department of Housing and Urban Development (HUD), and related agencies. THUD programs receive both discretionary and mandatory budget authority; HUD’s budget generally accounts for the largest share of discretionary appropriations in the THUD bill, but when mandatory funding is taken into account, DOT’s budget is larger than HUD’s budget. Mandatory funding typically accounts...
Statute of Limitation in Federal Criminal Cases: A Sketch
A statute of limitations dictates the time period within which a legal proceeding must begin. The purpose of a statute of limitations in a criminal case is to ensure the prompt prosecution of criminal charges and thereby spare the accused of the burden of having to defend against stale charges after memories may have faded or evidence is lost.
There is no statute of limitations for federal crimes punishable by death, nor for certain federal crimes of terrorism, nor for certain federal sex offenses. Prosecution for most other federal crimes must begin within five years of the commitment of...
Impact of the Budget Control Act Discretionary Spending Caps on a Continuing Resolution
What are the requirements of the BCA for FY2018 appropriations?
Appropriations enacted for FY2018 are subject to two statutory discretionary spending limits established by the Budget Control Act of 2011 (BCA): One applies to defense discretionary spending, and the other applies to nondefense discretionary spending. The defense spending limit for FY2018 is $549 billion and applies to discretionary spending in budget function 050 (national defense) only. The nondefense spending limit for FY2018 is $516 billion and applies to discretionary spending in all other budget functions. The BCA...
Statute of Limitation in Federal Criminal Cases: An Overview
A statute of limitations dictates the time period within which a legal proceeding must begin. The purpose of a statute of limitations in a criminal case is to ensure the prompt prosecution of criminal charges and thereby spare the accused of the burden of having to defend against stale charges after memories may have faded or evidence is lost.
There is no statute of limitations for federal crimes punishable by death, nor for certain federal crimes of terrorism, nor for certain federal sex offenses. Prosecution for most other federal crimes must begin within five years of the commitment of...
The process used by the American Bar Association (ABA) to evaluate judicial nominees has, over the years, remained a topic of ongoing interest among Senators during the judicial confirmation process. This CRS Insight provides background information and historical analysis of U.S. circuit and district court nominees who received, from 1953 to the present, a rating of “not qualified” from the Standing Committee on the Federal Judiciary of the ABA. Since 1953, every presidential Administration, except those of George W. Bush and Donald Trump, has sought ABA prenomination evaluations of its...
Tax Reform: The Child Credit and the Child Care Credit
The current tax code has two credits that offset the costs of raising children: the child tax credit (sometimes referred to as the “child credit,” or CTC) and the child and dependent care credit (sometimes referred to as the “child care credit,” or CDCTC). These are two distinct tax credits. H.R. 1, as introduced, would, among other things, increase the child tax credit to $1,600 per child; set the maximum amount of the refundable portion at $1,000 per child, allowing this amount to increase over time with inflation to $1,600 per child; and increase the income level at which the credit...
Cybersecurity: Federal Government Authoritative Reports and Resources
This report serves as a starting point for congressional staff assigned to cover cybersecurity issues related to federal and military government activities. Much is written by and about the federal government’s efforts to address cybersecurity policy challenges, and this CRS report directs the reader to authoritative sources that address many of the most prominent issues. The annotated descriptions of these sources are listed in reverse chronological order with an emphasis on material published in the past several years. This report includes resources and studies from government agencies...
Drought in the United States: Causes and Current Understanding
Drought is a natural hazard with potentially significant economic, social, and ecological consequences. History suggests that severe and extended droughts are inevitable and part of natural climate cycles. Drought has for centuries shaped the societies of North America and will continue to do so into the future. The likelihood of extended periods of severe drought and its effects on 21st-century society in the United States raise several issues for Congress. These issues include how to respond to recurrent drought incidents, how to prepare for future drought, and how to coordinate federal...
Diversity Immigrant Visa Program
On October 31, 2017, a resident of Patterson, NJ, reportedly drove a truck onto a bicycle path in New York City, killing 8 and injuring 11. Authorities have described the incident as a terrorist attack, and the suspect has been identified as an immigrant from Uzbekistan. Given that the suspect reportedly entered the country on an immigrant visa obtained through the Diversity Visa program (DV program), this incident has renewed interest in the DV program and its associated “lottery.”
What is the DV program?
The DV program was established to increase U.S. immigrant diversity by admitting...
Resolutions of Inquiry: An Analysis of Their Use in the House, 1947-2017
A resolution of inquiry is a simple resolution making a direct request or demand of the President or the head of an executive department to furnish the House with specific factual information in the Administration’s possession. Under the rules and precedents of the House of Representatives, such resolutions, if properly drafted, are given a privileged parliamentary status. This means that, under certain circumstances, a resolution of inquiry can be brought to the House floor for consideration even if the committee to which it was referred has not reported it and the majority party...
The Rohingya Crises in Bangladesh and Burma
A series of interrelated humanitarian crises, stemming from more than 600,000 ethnic Rohingya who have fled Burma into neighboring Bangladesh in less than 10 weeks, pose challenges for the Trump Administration and Congress on how best to respond.
The flight of refugees came following attacks on security outposts in Burma’s Rakhine State, reportedly by the Arakan Rohingya Salvation Army (ARSA), an armed organization claiming it is defending the rights of the region’s predominately Muslim Rohingya minority, and an allegedly excessive military response by Burma’s military. Some of the...
Energy Tax Provisions in the Tax Cuts and Jobs Act (H.R. 1)
The Tax Cuts and Jobs Act (H.R. 1) proposes a number of changes to energy-related tax provisions. These changes are summarized in Table 1. H.R. 1 includes a broad restructuring of the federal income tax system. A full analysis of the consequences of this proposal for the energy sector, or various subsets of the energy sector, is beyond the scope of this Insight. Table 1. Energy Tax Provisions in H.R. 1
Current Law H.R. 1 10-Year Change in Revenues ($ billions)
Credit for new qualified plug-in electric vehicles Credit up to $7,500 for plug-in electric vehicles. Credit phases out at...
Government Printing, Publications, and Digital Information Management: Issues and Challenges
In the past half-century, in government and beyond, information creation, distribution, retention, and preservation activities have transitioned from a tangible, paper-based process to digital processes managed through computerized information technologies. Information is created as a digital object which then may be rendered as a text, image, or video file. Those files are then distributed through a myriad of outlets ranging from particular software applications and websites to social media platforms. The material may be produced in tangible, printed form, but typically remains in digital...
Why is Violence Rebounding in Mexico?
Mexico’s transnational criminal organizations (TCOs) have for years been identified as the greatest organized crime threat to the United States given their strong links to drug trafficking, money laundering, and other crimes. These organizations also generate extreme violence within Mexico, where they exercise territorial influence in large swaths of the country near illicit drug production hubs and trafficking routes and particularly where the TCOs clash to assert or maintain dominance.
Between 2008 and 2016, Mexico’s homicide rate increased from 8 per 100,000 residents to 16.2 per...
Wildfire Suppression Spending: Background, Issues, and Legislation in the 115th Congress
Congress has directed that the federal government is responsible for managing wildfires that begin on federal lands, such as national forests or national parks. States are responsible for managing wildfires that originate on all other lands. Although a greater number of wildfires occur annually on nonfederal lands, wildfires on federal lands tend to be much larger, particularly in the western United States. The federal government’s wildfire management responsibilities—fulfilled primarily by the Forest Service (FS) and the Department of the Interior (DOI)—include preparedness, prevention,...
Comprehensive Energy Planning for Puerto Rico and U.S. Virgin Islands
Background
Hurricanes Irma and Maria caused extensive damage in the Caribbean and destroyed much of the electric power systems of Puerto Rico and the U.S. Virgin Islands (USVI). Congress has recognized that electric power systems in insular areas are vulnerable to hurricanes and typhoons and dependent on imported fuel (P.L. 109-58, title II, §251; P.L. 96-597, title VI, §604). Under 48 U.S.C. §1492, Congress authorized comprehensive energy planning, demonstration of cost-effective renewable energy technologies, and financial assistance for projects in insular areas related to energy...
The North Korean Nuclear Challenge: Military Options and Issues for Congress
North Korea’s apparently successful July 2017 tests of its intercontinental ballistic missile capabilities, along with the possibility that North Korea (DPRK) may have successfully miniaturized a nuclear warhead, have led analysts and policymakers to conclude that the window for preventing the DPRK from acquiring a nuclear missile capable of reaching the United States is closing. These events appear to have fundamentally altered U.S. perceptions of the threat the Kim Jong-un regime poses to the continental United States and the international community, and escalated the standoff on the...
Legislation Limiting the President's Power to Use Nuclear Weapons: Separation of Powers Implications
The Independent Payment Advisory Board (IPAB): Frequently Asked Questions
This report responds to frequently asked questions about the Independent Payment Advisory Board (IPAB), including the board’s background, current status, controversial issues including legal challenges, and recent legislative efforts to repeal the IPAB.
For additional information, see CRS Report R41511, The Independent Payment Advisory Board, by Jim Hahn and Christopher M. Davis.
The adequacy of the U.S. science and engineering workforce has been an ongoing concern of Congress for more than 60 years. Scientists and engineers are widely believed to be essential to U.S. technological leadership, innovation, manufacturing, and services, and thus vital to U.S. economic strength, national defense, and other societal needs. Congress has enacted many programs to support the education and development of scientists and engineers. Congress has also undertaken broad efforts to improve science, technology, engineering, and math (STEM) skills to prepare a greater number of...
U.S. Liquefied Natural Gas (LNG) Exports: Prospects for the Caribbean
With the advent of shale gas, the United States has transformed from a growing importer of natural gas to a burgeoning exporter. Exports by pipeline and ship have grown in the last couple of years. Liquefied natural gas (LNG) exports in 2013 were about 13 billion cubic feet (bcf), while in 2016 that figure jumped to almost 184 bcf. This increase can mostly be attributed to the opening of the Sabine Pass Liquefaction facility in Louisiana in February 2016.
Despite the large volumes associated with the large-scale U.S. LNG export terminals, like Sabine Pass Liquefaction, there has also been...
The Fair Labor Standards Act (FLSA) is the primary federal statute providing labor standards for most, but not all, private and public sector employees. The FLSA standards require that “non-exempt” employees working excess hours in a workweek receive pay at the rate of one-and-a-half times their regular rate for hours worked over 40 hours. The requirements in the FLSA for overtime pay beyond this threshold refer to the “maximum hours,” but the FLSA does not actually limit the number of hours that may be worked. Instead, it establishes standards for the pay required for hours beyond 40...
The Federal Assets Sale and Transfer Act of 2016: Background and Key Provisions
Real property disposal is the process by which federal agencies identify and then transfer, donate, or sell real property they no longer need. Disposition is an important asset management function because the costs of maintaining unneeded properties can be substantial. Moreover, properties the government no longer needs may be used by state or local governments, nonprofits, or businesses to provide benefits to the public. Finally, the government loses potential revenue when it holds onto certain unneeded properties that might be sold for a profit.
Despite these drawbacks, federal agencies...
Presidential Appointments to Full-Time Positions in Executive Departments During the 114th Congress
The President makes appointments to positions within the federal government, either using the authorities granted by law to the President alone, or with the advice and consent of the Senate. There are some 350 full-time leadership positions in the 15 executive departments for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate during the 114th Congress for full-time positions in these 15 executive departments.
Information for each department is presented in tables. The tables include full-time positions confirmed by the Senate, pay...
Taiwan, which officially calls itself the Republic of China (ROC), is an island democracy of 23 million people located across the Taiwan Strait from mainland China. It is the United States’ tenth-largest trading partner. Since January 1, 1979, the U.S. relationship with Taiwan has been unofficial, a consequence of the Carter Administration’s decision to establish diplomatic relations with the People’s Republic of China (PRC) and break formal diplomatic ties with self-ruled Taiwan, over which the PRC claims sovereignty. The Taiwan Relations Act (TRA, P.L. 96-8; 22 U.S.C. 3301 et seq.),...
Renegotiating NAFTA and U.S. Textile Manufacturing
When the North American Free Trade Agreement (NAFTA) was negotiated more than two decades ago, textiles and apparel were among the industrial sectors most sensitive to the agreement’s terms. NAFTA, which was implemented on January 1, 1994, has encouraged the integration of textile and apparel production in the United States, Canada, and Mexico. For example, under NAFTA’s “yarn-forward” rule of origin, textiles and apparel benefit from tariff-free treatment in all three countries if the production of yarn, fabric, and apparel, with some exceptions, is done within North America.
The United...
Niger: Frequently Asked Questions About the October 2017 Attack on U.S. Soldiers
A deadly attack on U.S. soldiers in Niger and their local counterparts on October 4, 2017, has prompted many questions from Members of Congress about the incident. It has also highlighted a range of broader issues for Congress pertaining to oversight and authorization of U.S. military deployments, evolving U.S. global counterterrorism activities and strategy, interagency security assistance and cooperation efforts, and U.S. engagement with countries historically considered peripheral to core U.S. national security interests. This report provides background information in response to the...
GAO Issues Opinions on Applicability of Congressional Review Act to Two Guidance Documents
On October 19, 2017, the Government Accountability Office (GAO) released an opinion on the applicability of the Congressional Review Act (CRA) to a 2013 interagency guidance document on leveraged lending issued by the Office of the Comptroller of the Currency, the Federal Reserve Board of Governors, and the Federal Deposit Insurance Corporation. The opinion was issued in response to a letter written to GAO by Senator Pat Toomey. In the letter, Senator Toomey requested GAO’s opinion as to whether the interagency guidance falls within the definition of “rule” under the CRA. GAO’s opinion...
Doing Business with Iran: EU-Iran Trade and Investment Relations
With the easing of nuclear-related sanctions on Iran by the United States, European Union and United Nations under the Joint Comprehensive Plan of Action (JCPOA), signed on July 14, 2015, many foreign firms have begun to resume business with Iran. However, on October 13, 2017, President Trump announced he would not issue the certification that sanctions relief is “proportionate” to the measures taken by Iran to terminate its nuclear program. This decision has raised questions over the possible reimposition of U.S. economic sanctions. The EU, which views the JCPOA as a binding international...
Reconsidering the Clean Power Plan
On October 10, 2017, the U.S. Environmental Protection Agency (EPA) proposed to repeal the Clean Power Plan (CPP), an Obama Administration rule that would limit carbon dioxide (CO2) emissions from existing fossil-fuel-fired power plants. Because power plant CO2 emissions account for about 30% of total U.S. anthropogenic emissions of greenhouse gases (GHGs), the CPP has been seen as the most important U.S. regulation addressing climate change.
The CPP has not gone into effect: In February 2016, the U.S. Supreme Court stayed its implementation pending the completion of judicial review. Even...
Poverty in the United States in 2016: In Brief
In 2016, approximately 40.6 million people, or 12.7% of the population, had incomes that fell below the official definition of poverty in the United States. These statistics represented a noticeable drop from the previous year, both in the number of poor, which had been 43.1 million in 2015, and the poverty rate (the percentage that were in poverty), which fell from 13.5%. This was also the first year that the poverty rate was not statistically different from the rate in 2007, the last year before the most recent recession.
The poverty rate for female-householder families (26.6%) was...
Payments for Affordable Care Act (ACA) Cost-Sharing Reductions
Funding for the cost-sharing reduction (CSR) payments established under the Patient Protection and Affordable Care Act (ACA) has been the subject of hearings about the individual insurance market, numerous press articles, and analyses from actuaries to consultants. Insurers have warned that they may leave the market or raise premiums without a commitment to sustained funding.
On October 13, the Trump Administration filed a notice announcing it would terminate payments for CSRs beginning with the payment that was scheduled for October 18, potentially affecting 2017 and 2018 plan options...
Who Earns Pass-Through Business Income? An Analysis of Individual Tax Return Data
Pass-through businesses—sole proprietorships, partnerships, and S corporations—generate more than half of all business income in the United States. Pass-through income is, in general, taxed only once at the individual income tax rates when it is distributed to its owners. In contrast, the income of C corporations is taxed twice; once at the corporate level according to corporate tax rates, and then a second time at the individual tax rates when shareholders receive dividend payments or realize capital gains. This leads to the so-called “double taxation” of corporate profits.
This report...
Federal Lifeline Program: Frequently Asked Questions
The Federal Lifeline Program, established by the Federal Communications Commission (FCC) in 1985, is one of four programs supported under the Universal Service Fund. The Program was originally designed to assist eligible low-income households to subsidize the monthly service charges incurred for voice telephone usage and was limited to one fixed line per household. In 2005 the Program was modified to cover the choice between either a fixed line or a mobile/wireless option. Concern over the division between those who use and have access to broadband versus those who do not, known as the...
Asian Carp and the Great Lakes Region
Four species of nonindigenous Asian carp are expanding their range in U.S. waterways, resulting in a variety of concerns and problems. Three species—bighead, silver, and black carp—are of particular note, based on the perceived degree of environmental concern. Current controversy relates to what measures might be necessary and sufficient to prevent movement of Asian carp from the Mississippi River drainage into the Great Lakes through the Chicago Area Waterway System. Recent federal response and coordination measures direct actions to avoid the possibility of carp becoming established in...
Second Treasury Report on Regulatory Relief: Capital Markets
On October 6, 2017, the Department of the Treasury issued a report, A Financial System That Creates Economic Opportunities: Capital Markets, that primarily examines the regulation of debt, equity, commodities, and derivatives markets. The report is the second of a series written in accordance with Executive Order (E.O.) 13772, which was issued by the President on February 3, 2017.
The capital markets report provides 91 policy recommendations, the majority of which could be implemented by the primary regulators of U.S. capital markets: the Securities and Exchange Commission (SEC),...
Human Trafficking: New Global Estimates of Forced Labor and Modern Slavery
Introduction
As part of long-standing congressional interest in global human trafficking, some Members have consistently sought greater fidelity in quantifying human trafficking’s prevalence. In September, the International Labor Organization (ILO) and the advocacy organization Walk Free Foundation, in partnership with the International Organization of Migration (IOM), released a new report on the global prevalence of modern slavery (including forced marriage) and forced labor (including sex trafficking and government-imposed forced labor). The report estimated that 40.3 million people...
Department of Homeland Security Appropriations, FY2018: Current Action
The Senate Appropriations Committee is expected to mark up its version of the Department of Homeland Security (DHS) Appropriations Act, 2018 the week of October 23, 2017.
The House of Representatives passed its version of the act as Division E and Division M of H.R. 3354, a consolidated appropriations act that now contains all 12 annual appropriations bills. H.R. 3354 passed the House by a vote of 211-198 (Roll No. 528) on September 14, 2017. The appropriations usually included in the annual appropriations bill for DHS were split between the two divisions because of how those bills were...
Executive Order for Review of National Monuments: Background and Data
The Antiquities Act of 1906 (54 U.S.C. §§320301-320303) authorizes the President to proclaim national monuments on federal lands that contain “historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest.” Monument proclamations typically seek to provide protections to federal lands and resources. The President is to reserve “the smallest area compatible with the proper care and management of the objects to be protected.” The act does not further specify the process to be used by Presidents in proclaiming monuments.
From 1906 to date,...
The Opioid Epidemic and Federal Efforts to Address It: Frequently Asked Questions
Over the last several years, there has been growing concern among the public and lawmakers in the United States about rising drug overdose deaths, which more than tripled from 1999 to 2014. In 2015, more than 52,000 people died from drug overdoses, and approximately 63% of those deaths involved an opioid.
Many federal agencies are involved in efforts to combat opioid abuse. The primary federal agency involved in drug enforcement, including diversion control efforts for prescription opioids, is the Drug Enforcement Administration (DEA). The primary agency supporting drug treatment and...
Iran Policy and the European Union
Policy Context
On October 13, 2017, President Trump announced a new U.S. strategy on Iran. He stated that, under the Iran Nuclear Agreement Review Act (INARA; P.L. 114-17), he would not be certifying that continued Iran sanctions relief is proportionate to the measures taken by Iran to terminate its illicit nuclear program. That and other INARA certification requirements are related to, but separate from, Iran’s nuclear obligations under the July 14, 2015, multilateral nuclear agreement (Joint Comprehensive Plan of Action, or JCPOA). The withholding of INARA certification does not...
USDA Export Market Development and Export Credit Programs: Selected Issues
Agricultural exports are important to both farmers and the U.S. economy. With the productivity of U.S. agriculture growing faster than domestic demand, farmers and agriculturally oriented firms rely heavily on export markets to sustain prices and revenue. The 2014 farm bill (Agricultural Act of 2014, P.L. 113-79) authorizes a number of programs to promote farm exports that are administered by the U.S. Department of Agriculture (USDA). There are two main types of agricultural trade and export promotion programs:
Export market development programs assist efforts to build, maintain, and...
Bangladesh and Bangladesh-U.S. Relations
Bangladesh (the former East Pakistan) is a Muslim-majority nation in South Asia, bordering India, Burma, and the Bay of Bengal. It is the world’s eighth most populous country with nearly 160 million people living in a land area about the size of Iowa. It is an economically poor nation, and it suffers from high levels of corruption. In recent years, its democratic system has faced an array of challenges, including political violence, weak governance, poverty, demographic and environmental strains, and Islamist militancy. The United States has a long-standing and supportive relationship with...
Army Corps of Engineers: Water Resource Authorizations, Appropriations, and Activities
The U.S. Army Corps of Engineers (Corps) undertakes activities to maintain navigable channels, reduce flood and storm damage, and restore aquatic ecosystems. The agency’s water resource projects can have significant local and regional economic benefits and environmental effects. Congress directs the Corps through authorizations; appropriations; and oversight of its studies, construction projects, and the ongoing operations of Corps infrastructure. This report summarizes congressional project authorization and annual appropriations processes for the Corps.
Authorizations. Congress...
U.S. Withdrawal from the United Nations Educational, Scientific and Cultural Organization (UNESCO)
On October 12, 2017, the State Department announced that the United States will withdraw from the U.N. Educational, Scientific, and Cultural Organization (UNESCO). The department stated that the decision “reflects U.S. concerns with mounting arrears ... the need for fundamental reform in the organization, and continuing anti-Israel bias of UNESCO.” The United States seeks to “remain engaged” as a nonmember observer. Generally, observers have participated in selected UNESCO meetings and activities but are not able to vote in some UNESCO bodies or hold leadership positions. Under the terms...
Gun Control: Silencers under the Hearing Protection Act (H.R. 3668)
Firearm silencers are currently regulated under the 1934 National Firearms Act (NFA) and the Gun Control Act of 1968 (GCA). Both statutes use the definition of a silencer/muffler included in the GCA. The Department of Justice’s Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is the lead federal agency that administers those statutes.
The Hearing Protection Act (HPA) would remove firearm silencers from regulation under the NFA. Silencers would continue to be regulated under the GCA in a manner similar to the way long guns (rifles and shotguns) are regulated under this law. On...
DOE’s Grid Resiliency Pricing Rule
In U.S. regions with competitive electricity markets, the market price of wholesale electricity has fallen in recent years due to decreased demand, and the increased availability of relatively low-priced natural gas as a fuel. The relatively higher cost of operating and maintaining older, less efficient coal and nuclear plants in particular make it difficult for them to compete with lower cost, more efficient natural gas-fired power plants, or with renewable electricity generation with lower operating costs (and in some cases, tax credits and state mandates). These coal and nuclear power...
Government Assistance for AIG: Summary and Cost
American International Group (AIG), one of the world’s major insurers, was the largest recipient of government financial assistance during the 2007-2009 financial crisis. At the maximum, the Federal Reserve (Fed) and the Treasury committed approximately $182.3 billion in specific extraordinary assistance for AIG and another $15.2 billion through a more widely available lending facility. The amount actually disbursed to assist AIG reached a maximum of $141.8 billion in April 2009. In return, AIG paid interest and dividends on the funding and the U.S. Treasury ultimately received a 92%...
Status of Labor-HHS-Education Appropriations at the Start of FY2018
Congress has begun to consider the FY2018 Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) appropriations bill. This is the largest ($934 billion in FY2017) of the 12 annual appropriations bills when accounting for both mandatory and discretionary funding. Full-year FY2018 LHHS appropriations were not enacted before the start of the fiscal year (October 1), but a continuing resolution (P.L. 115-56; CR) has provided temporary LHHS funding through December 8.
Scope of the Bill
The LHHS bill provides annually appropriated budget authority for the...
Syria’s Chemical Weapons: Continuing Challenges
Since 2014, when the Organization for the Prohibition of Chemical Weapons (OPCW) announced completion of the destruction of Syria’s declared chemical weapons (CW), questions have persisted on the extent of Damascus’s undeclared CW and production capacity. International investigators have confirmed repeated chemical weapons attacks in Syria, including chlorine gas attacks attributed to the Asad regime, as well as an April 4, 2017, attack using sarin nerve agent.
In 2017, two air strikes were carried out against chemical weapons-related facilities in Syria: one by the United States on April...
The Army’s Warfighter Information Network-Tactical (WIN-T) Program
What Is WIN-T? The WIN-T program is the Army’s high-speed, high-capacity tactical communications network to distribute classified and unclassified information through all echelons of Army command by means of voice, data, and real-time video. WIN-T was being developed and fielded in three increments. WIN-T Increment 1 WIN-T Increment 1 is a stationary network for command posts and units at battalion-level and above. It provides a full range of at-the-halt data, voice, and video communications. The Army began fielding WIN-T Increment 1 in 2004 and completed fielding in 2012. WIN-T Increment...
Gun Control: “Bump-Fire” Stocks
Following the October 1, 2017, Las Vegas, NV, attack, there has been significant congressional interest in “bump-fire” stocks that can assist a person in firing a semiautomatic rifle repeatedly, sometimes at rates usually associated with fully automatic machineguns. It has been reported that the assailant in this attack had 12 semiautomatic rifles outfitted with “bump-fire” stocks. The terms “bump-fire” and “slide-fire” are often used interchangeably.
Under the Gun Control Act of 1968 (GCA), a semiautomatic rifle is defined as:
Any repeating rifle which utilizes a portion of the energy of...
Tanzania: Current Issues and U.S. Policy
Tanzania is an East African country comprising a union of Tanganyika, the mainland territory, and the semiautonomous Zanzibar archipelago. The United States has long considered Tanzania a partner in economic development and, increasingly, in regional security efforts. With nearly 54 million people, Tanzania is one of the largest countries in Africa by population and is endowed with substantial natural resource wealth and agricultural potential. Over the past decade, it has experienced robust economic growth based largely on favorably high gold prices and tourism; growth has averaged nearly...
Everglades Restoration: Federal Funding and Implementation Progress
The Everglades is a unique network of subtropical wetlands in South Florida that is approximately half of its historical size, due in part to degradation from federal water projects built by the U.S. Army Corps of Engineers (the Corps). In 2000, Congress authorized a plan, termed the Comprehensive Everglades Restoration Plan (CERP), as a comprehensive framework for the restoration of the Everglades ecosystem in southern Florida. When originally authorized, it was estimated that CERP would cost a total of $8.2 billion and take approximately 30 years to complete. More recent estimates...
DOE’s Office of Energy Efficiency and Renewable Energy (EERE): Appropriations Status
The U.S. Department of Energy’s (DOE’s) Office of Energy Efficiency and Renewable Energy (EERE) administers renewable energy and end-use energy efficiency technology programs in research, development, and implementation. EERE works with industry, academia, national laboratories, and others to support research and development (R&D). EERE also works with state and local governments to assist in technology implementation and deployment. EERE supports nearly a dozen offices and programs including vehicle technologies, solar energy, advanced manufacturing, and weatherization and...
Overview of Continuing Appropriations for FY2018 (P.L. 115-56)
This report provides an analysis of the continuing appropriations provisions for FY2018 in Division D of H.R. 601. The measure also included separate divisions that establish a program to provide foreign assistance concerning basic education (Division A—Reinforcing Education Accountability in Development Act), supplemental appropriations for disaster relief requirements for FY2017 (Division B), and a temporary suspension of the public debt limit (Division C). On September 8, 2017, the President signed H.R. 601 into law (P.L. 115-56).
Division D of H.R. 601 was termed a “continuing...
Electoral College Reform: Contemporary Issues for Congress
The electoral college method of electing the President and Vice President was established in Article II, Section 1 of the Constitution and revised by the Twelfth Amendment. It provides for election of the President and Vice President by electors, commonly referred to as the electoral college. A majority of 270 of the 538 electoral votes is necessary to win. For further information on the modern-day operation of the college system, see CRS Report RL32611, The Electoral College: How It Works in Contemporary Presidential Elections, by Thomas H. Neale.
The electoral college has been the...
U.S. Response to Injuries of U.S. Embassy Personnel in Havana, Cuba
On September 29, the U.S. Department of State ordered the departure of nonemergency personnel assigned to the U.S. Embassy in Havana, Cuba, as well as their families, in order to minimize the risk of their exposure to harm because of a series of unexplained injuries suffered by embassy personnel since November 2016. According to the State Department, 22 persons suffered from “attacks of unknown nature,” most recently in late August 2017, at U.S. diplomatic residences and hotels where temporary duty staff were staying, with symptoms including “ear complaints, hearing loss, dizziness,...
Comparing DHS Component Funding, FY2017: Fact Sheet
Generally, the homeland security appropriations bill includes all annual appropriations for the Department of Homeland Security (DHS), providing resources to every departmental component. Table 1 and Figure 1 show DHS’s new discretionary budget authority enacted for FY2016 and requested by the Administration for FY2017, as well as the House and Senate committee-reported responses, broken down by component—from largest to smallest appropriations request.
(TO BE SUPPRESSED) Department of Homeland Security DHS budget Appropriations FY2017, FY2016 funding analysis
PILT (Payments in Lieu of Taxes): Somewhat Simplified
Under federal law, local governments (usually counties) are compensated through various programs for reductions to their property tax bases due to the presence of most federally owned land. Federal lands cannot be taxed but may create a demand for services such as fire protection, police cooperation, or longer roads to skirt the federal property. Some compensation programs are run by a specific agency and apply only to that agency’s land. This report addresses only the most widely applicable program, which is called Payments in Lieu of Taxes (PILT; 31 U.S.C. §§6901-6907) and is...
Attack on U.S. Soldiers in Niger: Context and Issues for Congress
On October 4, four members of U.S. Special Operations Forces were killed and two wounded in an attack in western Niger, an emerging hot spot of Islamist extremist activity. The Defense Department (DOD) stated in a briefing on October 5 that the U.S. servicemembers were “conducting an advise and assist mission” with local counterparts, several of whom were also killed. The identity of perpetrators has not been confirmed. The incident has highlighted evolving security threats in West Africa’s Sahel region, as well as the growing presence of U.S. military forces engaged in counterterrorism...
Department of Homeland Security Appropriations: FY2017
This report discusses the FY2017 appropriations for the Department of Homeland Security (DHS). Its primary focus is on funding approved by Congress through the appropriations process. It includes an Appendix with definitions of key budget terms used throughout the suite of Congressional Research Service reports on homeland security appropriations. It also directs the reader to other reports providing context for and additional details regarding specific component appropriations and issues engaged through the FY2016 appropriations process.
The Obama Administration requested $40.62 billion...
Federal Reserve: Background and Reappointment of Previous Chairs
Janet Yellen’s term as Federal Reserve (Fed) Chair expires February 3, 2018. Subject to Senate confirmation, President Trump may reappoint her or nominate another individual to replace her. This Insight reviews the reappointment and background of previous Fed Chairs.
The qualification requirements to serve in Fed leadership are general—statute requires the President to “have due regard to a fair representation of the financial, agricultural, industrial, and commercial interests, and geographical divisions of the country.” Yellen and her immediate predecessor, Ben Bernanke, had similar...
The Tax Treatment of Net Operating Losses: In Brief
Tax reform could result in any number of changes to current tax policy. One modification that could occur is the tax treatment of net operating losses (NOLs). An NOL is incurred when a business taxpayer has negative taxable income. A business has no tax liability in the year they incur a loss. Additionally, a loss can be “carried back” for a refund on taxes paid in the past two years or “carried forward” for up to 20 years to reduce future taxes. The intent of the NOL carryback and carryforward regime is to give taxpayers the ability to smooth out changes in business income, and therefore...
U.S. Farm Income Outlook for 2017
According to USDA’s Economic Research Service (ERS), national net farm income—a key indicator of U.S. farm well-being—is forecast at $63.4 billion in 2017, up 3% from last year. The forecast rise in 2017 net farm income comes after three consecutive years of decline from 2013’s record high of $123.8 billion. Net farm income is calculated on an accrual basis. Net cash income (calculated on a cash-flow basis) is also projected to be up in 2017 but by a larger share (12.6%), driven largely by sales from previous years’ inventory, to $100.4 billion.
The 2017 net farm income forecast is...
Preliminary Damage Assessments for Major Disasters: Overview, Analysis, and Policy Observations
When a major disaster overwhelms a state or tribal nation’s response capacity, the state’s governor or tribal nation’s chief executive may request a major disaster declaration from the federal government. The Robert T. Stafford Disaster Relief and Emergency Assistance Act authorizes the President to issue major disaster declarations in response to such requests.
To evaluate a state or tribal nation’s need for federal assistance, the Federal Emergency Management Agency (FEMA) uses a Preliminary Damage Assessment (PDA) as a mechanism to determine the impact and magnitude of damage caused by...
Department of the Interior Secretarial Order 3356
On September 15, 2017, Department of the Interior (DOI) Secretary Ryan Zinke issued Secretarial Order (S.O.) 3356, “Hunting, Fishing, Recreational Shooting, and Wildlife Conservation Opportunities and Coordination with States, Tribes, and Territories.” S.O. 3356 directs bureaus and offices within DOI, in collaboration with states, tribes, and territorial partners, to implement programs to enhance hunting, fishing, and recreational shooting (HFRS) opportunities on DOI-managed lands and waters, while also promoting conservation activities. Reactions to S.O. 3356 have been mixed, with some...
Puerto Rico and Electric Power Restoration from Hurricane Maria
Hurricane Maria made landfall in Puerto Rico as a Category 4 storm with sustained wind speeds of 155 miles per hour on September 20, 2017. The hurricane also brought torrential rainfall with over 20 inches of rain resulting in widespread flooding across the island. Puerto Rico’s office of emergency management reported that the storm had incapacitated the central electric power system, leaving the entire island without power. Many wooden electric distribution poles have been knocked down, while some steel transmission system towers stand stripped of power lines. Recovery efforts from...
Kurds in Iraq Hold Controversial Referendum on Independence
The question of self-determination for the Kurds of Iraq and neighboring Syria, Turkey, and Iran has remained unresolved since the delineation of national borders in the Middle East in the wake of World War I. U.S. intervention in Iraq since the 1990s has contributed to the emergence and protection of autonomous political institutions in the Kurdistan Region of Iraq (KRI) and the development of the region’s economy and security forces. Today, the Kurdistan Regional Government (KRG) is recognized in Iraq’s constitution and exercises devolved and shared powers. Kurds and other Iraqis differ...
Transport Agencies Withdraw Proposed Sleep Apnea Rules
On August 8, 2017, the Federal Motor Carrier Safety Administration (FMCSA) and Federal Railroad Administration (FRA) withdrew a rulemaking effort that would have required some truck drivers and rail engineers to be screened for obstructive sleep apnea (OSA). The agencies stated that, while OSA remains a safety concern, “current safety programs and FRA’s rulemaking addressing fatigue risk management are the appropriate avenues to address OSA.” Safety advocates question whether current efforts are adequate.
OSA is a safety concern for the federal Department of Transportation (DOT) because...
Economic Impact of Hurricanes Harvey and Irma
In recent weeks, multiple southern states and U.S. territories have experienced significant property damage and loss of life as a result of severe hurricanes, including Harvey, Irma, and Maria. This Insight will focus on the economic impact of Hurricanes Harvey and Irma, as the impact of Hurricane Maria is still unfolding in Puerto Rico. Hurricane Harvey first made landfall in Texas on August 25 as a category 4 storm, before stalling for a number of days above south and southeast Texas delivering torrential downpours. Hurricane Irma made landfall in the Florida Keys as a category 4 storm...
Commodity Futures Trading Commission: Proposed Reauthorization in the 115th Congress
The Commodity Futures Trading Commission (CFTC), created in 1974, regulates futures, most options, and swaps markets. The CFTC administers the Commodity Exchange Act (CEA; P.L. 74-765, 7 U.S.C. §§1 et seq.), enacted in 1936, to monitor trading in certain derivatives markets. The CFTC was last reauthorized in 2008 as part of the Food, Conservation, and Energy Act (P.L. 110-246), which included authorization of appropriations through FY2013. Although the underlying authority in the statute to administer programs does not have an explicit expiration, the authorization of appropriations only...
President Trump’s Proclamation on Enhanced Vetting of Foreign Nationals from Designated Countries
On September 24, 2017, President Donald Trump issued a presidential proclamation entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” (the proclamation) that suspends and/or restricts U.S. entry of foreign nationals from eight countries. The proclamation replaces aspects of Executive Order (E.O.) 13780 issued on March 6, 2017, and entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States,” portions of which federal courts had blocked. E.O. 13780 revoked and...
FY2017 Appropriations for the Census Bureau and Bureau of Economic Analysis
This report discusses FY2017 appropriations (discretionary budget authority) for the Bureau of Economic Analysis (BEA) and Bureau of the Census (Census Bureau), which make up the Economics and Statistics Administration (ESA) in the U.S. Department of Commerce. The report will not be updated.
The Administration’s FY2017 budget request for ESA (except the Census Bureau, whose budget justification is published separately from ESA’s) was $114.6 million, $5.6 million (5.2%) above the $109.0 million FY2016-enacted funding level. Of the $114.6 million, the $110.7 million requested for BEA...
DHS Appropriations FY2017: Protection, Preparedness, Response, and Recovery
This report is part of a suite of reports that address appropriations for the Department of Homeland Security (DHS) for FY2017. It specifically discusses appropriations for the components of DHS included in the third title of the homeland security appropriations bill—the National Protection and Programs Directorate, the Office of Health Affairs, and the Federal Emergency Management Agency. Collectively, Congress has labeled these components in recent years as “Protection, Preparedness, Response, and Recovery.”
The report provides an overview of the Obama Administration’s FY2017 request for...
The Equifax Data Breach: An Overview and Issues for Congress
According to Equifax, cybercriminals exploited a vulnerability in one of its online applications between mid-May and July 2017, potentially revealing information for 143 million U.S. consumers. Equifax stated that “the information accessed primarily includes names, Social Security numbers, birth date, addresses, and, in some cases, driver’s license numbers. In addition, credit card numbers for approximately 209,000 U.S. consumers, and certain dispute documents with personal identifying information for approximately 182,000 U.S. consumers, were accessed.” Much of the information that...
Recent Developments in U.S. Aid to Egypt
Overview
In recent months, the Trump Administration and Congress have taken various steps toward reducing U.S. foreign military and economic assistance to Egypt. Although lawmakers have debated the merits of U.S. foreign aid to Egypt for years, executive and legislative branch action may be tied to specific U.S. concern over Egypt’s new legal restrictions on non-governmental organizations (NGOs) and its reported ties to the Democratic People’s Republic of Korea (DPRK, or North Korea). For more, see CRS Report RL33003, Egypt: Background and U.S. Relations.
Congressional Concern over...
Waivers of Jones Act Shipping Requirements
On September 28, the Trump Administration issued a temporary waiver of the Jones Act (§27 of the Merchant Marine Act of 1920) to facilitate response to the severe damage caused by Hurricane Maria in Puerto Rico. In recent weeks, the Administration issued similar waivers affecting Texas and Louisiana, following Hurricane Harvey, and affecting Florida, following Hurricane Irma. This CRS Insight is intended to clarify the process and requirements for obtaining waivers of this law.
The Jones Act requires that vessels transporting goods or passengers between U.S. points be built in the United...
Hurricanes Irma and Maria: Impact on Caribbean Countries and Foreign Territories
In addition to causing massive destruction to the U.S. territories of Puerto Rico and the U.S. Virgin Islands in the Caribbean, Hurricanes Irma and Maria severely affected several Caribbean countries and foreign territories. Between September 5 and 9, 2017, Hurricane Irma caused widespread damage to Barbuda, part of the independent country of Antigua and Barbuda; the island of St. Martin/St. Maarten, split between French and Dutch rule (St. Martin is a French overseas collectivity while St. Maarten is an autonomous country within the Kingdom of the Netherlands); several southeastern and...
Amtrak is the nation’s primary provider of intercity passenger rail service. It was created by Congress in 1970 to preserve some level of intercity passenger rail service while enabling private rail companies to exit the money-losing passenger rail business. It is a quasi-governmental entity, a corporation whose stock is almost entirely owned by the federal government. It runs a deficit each year, and relies on congressional appropriations to continue operations. Amtrak was last authorized in the Passenger Rail Reform and Investment Act of 2015 (Title XI of the Fixing America’s Surface...
Pre-Merger Review and Challenges Under the Clayton Act and the Federal Trade Commission Act
Preserving competition is an overarching purpose of federal laws governing business mergers. Though other federal laws, including the Sherman Act, seek to address anticompetitive behavior relating to monopolization, two federal statutes, in particular, address harms that may result from proposed mergers. Section 7 of the Clayton Act prohibits mergers “in any line of commerce or in any activity affecting commerce” that may substantially lessen competition or tend to create a monopoly. Section 5 of the Federal Trade Commission Act (FTC Act) prohibits unfair methods of competition, which...
Overview of the Federal Government’s Power to Exclude Aliens
The Supreme Court has determined that inherent principles of sovereignty give Congress “plenary power” to regulate immigration. The core of this power—the part that has proven most impervious to judicial review—is the authority to determine which aliens may enter the country and under what conditions. The Court has determined that the executive branch, by extension, has broad authority to enforce laws concerning alien entry mostly free from judicial oversight. Two principles frame the scope of the political branches’ power to exclude aliens. First, nonresident aliens abroad cannot...
Pesticide Registration Fees: Reauthorization and Proposed Amendments
The U.S. Environmental Protection Agency’s (EPA’s) capacity to evaluate pesticide registrations within statutory time frames is generally dependent on sufficient resources and requisite scientific information to inform evaluations. Pursuant to the Pesticide Registration Improvement Extension Act of 2012 (PRIA 3, P.L. 112-177), Congress reauthorized EPA to collect two categories of fees to support the agency’s pesticide regulatory program and related activities through September 30, 2017. The Continuing Appropriations Act, 2018, and Supplemental Appropriations for Disaster Relief...
2017 Hurricanes and Army Corps of Engineers: Background for Flood Response and Recovery
In addition to damage from high winds, hurricanes can produce damaging storm surge and flooding from rainfall. This Insight summarizes flood-management activities of the U.S. Army Corps of Engineers (USACE, or Corps) related to Hurricanes Harvey, Irma, and Maria. USACE has three roles relevant to hurricanes: emergency responder with flood-fighting and post-disaster recovery, owner and operator of flood-risk-reduction projects, and provider of assistance to repair certain nonfederal flood-control infrastructure. Congress may have interest in these roles as it responds to...
Privatization and the Constitution: Selected Legal Issues
Privatization is a broad term that encompasses various types of public-private arrangements, including contractual relationships with private entities for goods or services and government-funded voucher programs that allow individuals to purchase private goods or services. In other contexts, Congress has empowered private entities or chartered corporations to deliver services previously provided by governmental entities or to advance legislative objectives. Congress has created various corporations, including Amtrak and the Communications Satellite Corporation. More recently, in the 114th...
Itemized Tax Deductions for Individuals: Data Analysis
Reforming or limiting itemized tax deductions for individuals has gained the interest of policymakers as one way to increase federal tax revenue, increase the share of taxes paid by higher-income tax filers, simplify the tax code, or reduce incentives that might lead to inefficient economic behavior. However, limits on deductions could cause adverse economic effects or changes in the distributional burden of the federal income tax code. This report is intended to identify who claims itemized deductions, for how much, and for which provisions.
This report analyzes data to inform the policy...
Patent Law: A Primer and Overview of Emerging Issues
In an increase over prior terms, the Supreme Court of the United States issued six opinions involving patent law during its October 2016 Term. These decisions addressed issues ranging from patent exhaustion, multicomponent products, and biosimilar patents to procedural issues like venue and the statute of limitations for infringement claims. The growing number of Supreme Court opinions involving patent law over the past decade may also speak to the rising importance of intellectual property more broadly; a reported 84% of the S&P 500 Market Value in 2015 is ascribed to intangible assets....
FDA Reauthorization Act of 2017 (FDARA, P.L. 115-52)
Food and Drug Administration (FDA) review of medical products (human drugs and devices) is funded through a combination of annual discretionary appropriations from Congress (budget authority) and user fees collected from industry. The human medical product user fee programs require reauthorization every five years to continue uninterrupted. Prior to the passage of the Food and Drug Administration Reauthorization Act of 2017 (FDARA, P.L. 115-52), these programs were set to expire on September 30, 2017. The reauthorization legislation typically includes additional provisions related to FDA,...
Hurricanes and Electricity Infrastructure Hardening
This Insight discusses the measures undertaken by electric utilities to prevent or mitigate power outages resulting from severe weather events. Power lines and transformers used to provide electricity to customers are particularly susceptible to damage due to their exposure to the elements. (See CRS Report R42696, Weather-Related Power Outages and Electric System Resiliency.) The loss of life and extensive damage seen so far in the 2017 hurricane season has refocused the attention of Congress on the destructive potential of such storms. High winds, rain, and coastal surges can combine to...
Normalization of the Federal Reserve’s Balance Sheet
This Insight answers questions about the Federal Reserve’s (Fed’s) September 20 announcement that it would begin to normalize its balance sheet in October by gradually reducing its asset holdings.
How Did the Balance Sheet Get So Large?
During the 2008 financial crisis, the Fed increased its balance sheet. Initially, the increase mainly took the form of emergency assistance to provide liquidity to financial firms. As that assistance was repaid, balance sheet growth shifted to large-scale purchases of Treasury securities and mortgage-backed securities (MBS), popularly known as “quantitative...
Mandatory Arbitration and the Federal Arbitration Act
Arbitration is a method of legal dispute resolution in which a neutral, private third party, rather than a judge or jury, renders a decision on a particular matter. Under a growing number of consumer and employment agreements, companies have come to require arbitration to resolve disputes. While arbitration is often viewed as an expeditious and economical alternative to litigation, consumer advocates and others contend that mandatory arbitration agreements create one-sided arrangements that deny consumers and employees advantages afforded by a judicial proceeding.
The Federal Arbitration...
Supreme Court October Term 2017: A Preview of Select Cases
On October 2, 2017, the Supreme Court is to begin its new term. While the Court issued a number of notable decisions during its last full term, Court watchers have largely agreed that, at least compared to recent terms, the Court’s October 2016 term was diminished both with regard to volume and content. With the Court already accepting over 30 cases for its next term, many of which raise deep and difficult questions in various areas of law, the October 2017 Supreme Court term could be considerably different. The next Court term has the potential to be one of the most consequential in...
Department of Veterans Affairs FY2017 Appropriations
The Department of Veterans Affairs (VA) provides a range of benefits and services to veterans and eligible dependents who meet certain criteria as authorized by law. These benefits include medical care, disability compensation and pensions, education, vocational rehabilitation and employment services, assistance to homeless veterans, home loan guarantees, administration of life insurance as well as traumatic injury protection insurance for servicemembers, and death benefits that cover burial expenses.
The President’s FY2017 budget request for the VA was submitted to Congress on February 9,...
Field Hearings: Fact Sheet on Purposes, Rules, Regulations, and Guidelines
Field hearings are congressional hearings held outside Washington, DC. They date at least to the Civil War, when committees sometimes traveled to the front lines to observe conditions and war preparedness.
Chancellor Angela Merkel is seeking a fourth term in Germany’s parliamentary election scheduled for September 24, 2017. Merkel has led Europe’s largest and most prosperous country for 12 years and is widely viewed as the most influential political leader in Europe. Opinion polls suggest she will be reelected comfortably.
Merkel’s campaign has stressed the value of continuity and predictability during a time of flux in Europe and beyond. While presiding over a period of economic prosperity in Germany, Merkel has been confronted with crises such as significant migration and refugee flows,...
EPA’s Role in Emergency Planning and Notification at Chemical Facilities
Chemicals and the facilities that manufacture, store, distribute, and use them are essential to the U.S. economy. However, incidents occasioned by natural disasters, unintentional events, or security threats show that the handling and storage of chemicals are not without risk. Federal agencies implement a number of programs to help prevent chemical facility accidents, reduce risks of terrorist attacks on chemical facilities, protect chemical facility workers, collect and share relevant information with the public and decisionmakers, and prepare communities and local, tribal, and state...
The Financial CHOICE Act in the 115th Congress: Selected Policy Issues
The Financial CHOICE Act (FCA; H.R. 10) was introduced on April 26, 2017, by Representative Jeb Hensarling, chairman of the House Committee on Financial Services. It passed the House on June 8, 2017. Selected provisions of H.R. 10 were then added to the appropriations bill passed by the House (H.R. 3354).
H.R. 10, as passed, is a wide-ranging proposal with 12 titles that would alter many parts of the financial regulatory system. Much of the FCA is in response to the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act; P.L. 111-203), a broad package of regulatory...
Implementation Date Nears for HHS Emergency Preparedness (EP) Rule
On November 16, 2017, many U.S. health care entities will be expected to fully comply with new federal emergency preparedness requirements. Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers (the “EP Rule”), issued by the Centers for Medicare & Medicaid Services (CMS), became effective November 16, 2016.
In the 2013 proposed rule, CMS said it had concluded that “the current regulatory patchwork of federal, state, and local laws and guidelines, combined with the various accrediting organization emergency preparedness standards, falls far...
The 115th Congress has expressed interest in monitoring the use of special envoys, representatives, and coordinator positions by the Department of State, as well as any changes to their status. Special, temporary diplomatic appointments originated during the presidency of George Washington, and the number of special representatives has expanded and contracted since then. Tabulating the precise number of these positions is difficult, however, because some special positions have fallen into disuse over time and were never officially eliminated.
Administration Action on Special Positions
It...
Supreme Court October Term 2016: A Review of Select Major Rulings
The Supreme Court term that began on October 3, 2016, was notably different from recent terms at the High Court. It was the first term (1) in thirty years to begin without Justice Antonin Scalia on the Court; (2) since 1987 to commence with a Court made up of fewer than nine active Justices; and (3) since 2010 in which a new member (Justice Neil Gorsuch) joined the High Court. Court observers have suggested that the lack of a fully staffed Supreme Court for the bulk of the last term likely had an impact on the Court’s work both with regard to the volume of cases that the Court heard and...
Regulatory Exclusivity Reform in the 115th Congress
Regulatory exclusivities provide incentives for pharmaceutical innovation in the United States. Overseen by the Food and Drug Administration (FDA), regulatory exclusivities are alternatively known as marketing exclusivities, data exclusivities, or data protection. Each of the distinct regulatory exclusivities establishes a period of time during which the FDA affords an approved drug protection from competing applications for marketing approval.
Between them, the Federal Food, Drug, and Cosmetic Act, P.L. 75-717 (as amended), and the Public Health Service Act, P. L. 78-410 (as amended),...
Redeploying U.S. Nuclear Weapons to South Korea: Background and Implications in Brief
Recent advances in North Korea’s nuclear and missile programs have led to discussions, both within South Korea and, reportedly, between the United States and South Korean officials, about the possible redeployment of U.S. nuclear weapons on the Korean Peninsula. The United States deployed nuclear weapons on the Korean Peninsula between 1958 and 1991. Although it removed the weapons as a part of a post-Cold War change in its nuclear posture, the United States remains committed to defending South Korea under the 1953 Mutual Defense Treaty and to employing nuclear weapons, if necessary, in...
Congressional Considerations Related to Hurricanes Harvey and Irma
This Insight provides a short overview of issues Congress may consider in relation to Hurricanes Harvey and Irma. It is not intended to provide up-to-date information on unfolding events. For storm-related updates and the current status of response efforts, see official government sources (e.g., Federal Emergency Management Agency (FEMA) and National Weather Service), congressional advisories from government sources, and/or news media. For additional support, please contact available CRS experts in disaster-related issue areas.
Federal Declarations and Response
As of September 14, in...
Federal Employees: Human Resources Management Flexibilities for Emergency Situations
Federal executive branch departments and agencies have available to them various human resources management flexibilities for emergency situations involving severe weather, natural disaster, and other circumstances. At various times, the Office of Personnel Management issued guidance on these flexibilities, which supplements the basic policies governing staffing, compensation, leave sharing, and telework in Title 5 of the United States Code and Title 5 of the Code of Federal Regulations. Some examples of when issuances have occurred include following the September 11, 2001, terrorist...
Resolutions Censuring the President: History and Context, 1st-114th Congresses
Censure is a reprimand adopted by one or both chambers of Congress against a Member of Congress, President, federal judge, or government official. Censure against a sitting Member involves a formal process that is sanctioned by the Constitution (Article 1, Section 5). Non-Member censure, however, is not an enforceable action and has no uniform language. Instead, non-Member censure resolutions may use a variety of terms to highlight conduct deemed by the House or Senate to be inappropriate or unauthorized.
Since 1800, the House and Senate have introduced numerous resolutions to censure or...
Unauthorized Childhood Arrivals: Legislative Options
In 2012, the Department of Homeland Security (DHS) began granting deferred action through the Deferred Action for Childhood Arrivals (DACA) program to certain individuals without lawful immigration status who had arrived in the United States as children and met other requirements. The requirements included initial entry into the United States before age 16, continuous U.S. residence since June 15, 2007, and being under age 31 as of June 15, 2012. Deferred action provides protection against removal from the United States. Individuals granted deferred action also may receive work...
Congressional Consideration of Resolutions to “Censure” Executive Branch Officials
Over the history of the federal Congress, Members have proposed resolutions to formally express the House or Senate’s censure, disapproval, loss of confidence, or condemnation of the President or other executive branch official or their actions. This Insight summarizes the parliamentary procedures the House and Senate might use to consider a resolution to censure or condemn an executive branch official and provides links to additional reading material on the subject.
Two Types of “Censure” Resolutions
An important distinction should be made between two types of “censure” resolutions: (1)...
Due Process Limits on the Jurisdiction of Courts: Issues for Congress
Businesses that are incorporated in foreign countries and conduct a large portion of their operations outside of the territorial jurisdiction of the United States may nevertheless cause injury to U.S. persons. For example, a foreign company might manufacture in its home country a machine that another company later distributes in the United States, ultimately resulting in an injury to a U.S. consumer. Although foreign companies may engage in actions or omissions that injure U.S. persons, such injured persons may face various procedural challenges in obtaining judicial relief from a foreign...
The OCS Royalty Rate: Statutory Requirements and General Guidance
Background
The Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. 1337; P.L. 83-212) authorizes the Secretary of the Interior to establish a royalty rate as part of the process for leasing acreage for oil and gas developments in federal waters. “The Secretary of the Interior shall establish royalties, fees, rentals, bonuses, and other payments to ensure a fair return to the United States for any lease....” Further, OCSLA requires a cash bonus bid with a royalty set at not less than 12.5% in amount or value of production (43 U.S.C. 1337 (a)(1)(A)) (For details on product valuation, see 30...
Nuclear Talks with North Korea?
The accelerated pace of North Korea’s nuclear and missile testing, and continued threats against the United States and its allies have raised questions over the usefulness, timing, scope, and goals of any diplomatic talks with Pyongyang. An aggressive negotiation strategy is one of many options available to the United States. The Trump Administration has stated that its approach of “maximum pressure”—through strengthened United Nations sanctions, increased economic pressure, and ramped up military cooperation with allies—is aimed at convincing Pyongyang “to de-escalate and return to the...
Chemical, Hazardous Substances, and Petroleum Spills: CRS Experts
Hurricane Harvey Irma Jose Katia Katrina flooding storm surge water tropical storms weather climate change sewage treatment overflow tropical storm cyclone A recent spill from a storage tank of 4-methyl cyclohexane methanol from Freedom Industries into the Elk River near Charleston, West Virginia in early January 2014 has raised questions about the adequacy of spill response and chemical safety. Thousands of oil and chemical spills of varying size occur in the United States each year. State and local officials located in proximity to these incidents generally are the first responders and...
CRISPR Gene Editing Research in Embryos Generates Scientific and Ethics Debate
A recent experiment in the United States using the gene modification tool CRISPR to target a disease gene in human embryos has raised optimism about promising medical advances, generated scientific debate, and renewed debate about long-standing ethical issues.
Since 1996, Congress has prohibited the use of funds appropriated in the Labor-HHS-Education appropriations bill for “the creation of a human embryo or embryos for research purposes” or for “research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that...
Executive Branch Legislative Proposals Affecting Veterans Benefits in the FY2018 Budget
The FY2018 Budget for the Department of Veterans Affairs (VA) contains two legislative proposals which, if enacted, would affect disability and other types of cash benefits payable by the VA to certain veterans. These proposals would affect both current and future beneficiaries. The proposal to restrict eligibility for Individual Unemployability (IU) would reduce the monthly benefits of affected veterans and the proposed changed to the calculation of the Cost of Living Adjustment (COLA) would reduce the annual growth in benefits. Savings from both proposals would be used to partially...
In his opening comments to the 2017 U.S. Air Force Posture Hearing before the Senate Armed Services Committee, Chairman John McCain stated, “The force is short 1,500 pilots.... This is a full-blown crisis, and if left unresolved, it will call into question the Air Force’s ability to accomplish its mission.” According to current Air Force statistics, the service is 1,947 pilots short of its authorized strength. The shortage is most acute among fighter pilots: the Air Force predicts it will be 1,055 fighter pilots short of 3,781 authorized by the end of FY2017, following a deficiency of 873...
Labor, Health and Human Services, and Education: FY2017 Appropriations
This report provides an overview of actions taken by Congress and the President to provide FY2017 appropriations for accounts funded by the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) appropriations bill. This bill provides funding for all accounts funded through the annual appropriations process at the Departments of Labor (DOL) and Education (ED). It provides annual appropriations for most agencies within the Department of Health and Human Services (HHS), with certain exceptions (e.g., the Food and Drug Administration is funded via the...
Patentable Subject Matter Reform
The term “patentable subject matter” refers to the requirement of Section 101 of the Patent Act of 1952 that an invention must consist of a “process, machine, manufacture, or composition of matter” in order to be patented. The Leahy-Smith America Invents Act (AIA) of 2011, P.L. 112-29, additionally stipulated that “no patent may issue on a claim directed to or encompassing a human organism.” The AIA also limited the availability of patents claiming tax avoidance strategies.
The courts and the U.S. Patent and Trademark Office (USPTO) have generally construed the language of Section 101...
Federal Agricultural Recovery Resources for Hurricane-Related Losses
Following the destruction of Hurricane Harvey, which hit the Texas coast on August 25, 2017, many in the agriculture industry are facing large-scale production losses as well as extensive damage to land and facilities. Hurricane Irma now poses a similar threat to Florida, other southeastern states, and several U.S. territories. Crops such as rice, cotton, soybeans, and cattle appear to be among the hardest hit areas of agricultural production from Hurricane Harvey. However, to date no official loss estimates have been released. Sugar, citrus, cotton, specialty crops, and livestock are just...
Recess Appointments Made by President Barack Obama
Under the Constitution, the President and the Senate share the power to make appointments to high-level politically appointed positions in the federal government. The Constitution also empowers the President unilaterally to make a temporary appointment to such a position if it is vacant and the Senate is in recess. Such an appointment, termed a recess appointment, expires at the end of the following session of the Senate. This report identifies recess appointments by President Barack Obama. The report discusses these appointments in the context of recess appointment authorities and...
Deferred Action for Childhood Arrivals (DACA): Frequently Asked Questions
On September 5, 2017, Attorney General Jeff Sessions announced that the Deferred Action for Childhood Arrivals (DACA) policy, an Obama Administration initiative, was being rescinded. A related memorandum released by the Department of Homeland Security (DHS) that same day rescinded the 2012 memorandum that established DACA and described how DHS would “execute a wind-down of the program.” According to the September 2017 memorandum, DHS will continue to adjudicate certain DACA requests and will not terminate previously issued grants of deferred action or employment authorization “solely based...
Disaster Debris Management: Requirements, Challenges, and Federal Agency Roles
Every year, communities in the United States are affected by disasters such as hurricanes, earthquakes, tornadoes, volcanoes, floods, wildfires, and winter storms. After a disaster, when a region turns its attention to rebuilding, one of the greatest challenges often involves properly managing disaster-related debris.
Disaster debris typically includes soils and sediments, vegetation (trees, limbs, shrubs), municipal solid waste (common household garbage, personal belongings), construction and demolition debris (in some instances, entire residential structures and all their contents),...
U.S.-UK Free Trade Agreement: Prospects and Issues for Congress
Prospects for a bilateral free trade agreement (FTA) between the United States and the United Kingdom (UK) are of increasing interest for both sides. In a national referendum held on June 23, 2016, a majority of British voters supported the UK exiting the European Union (EU), a process known as “Brexit.” The Brexit referendum has prompted calls from some Members of Congress and the Trump Administration to launch U.S.-UK FTA negotiations, though other Members have moderated their support with calls to ensure that such negotiations do not constrain the promotion of broader transatlantic...
New Financial Sanctions on Venezuela: Key Issues
Venezuela continues to be in the throes of a deep political crisis under the authoritarian rule of President Nicolás Maduro. While the United States has employed various sanctions as a policy tool in response to concerns about the activities of the Venezuelan government and Venezuelan individuals for more than a decade, sanctions have been ratcheted up in recent months as the political situation has deteriorated.
After a controversial election of a National Constituent Assembly on July 30, 2017, the Trump Administration weighed a range of possible new sanctions to increase pressure on the...
In the aftermath of a major disaster, communities may need to rebuild, replace, or possibly even relocate a multitude of structures. When recovery activities take place on such a potentially large scale, compliance with any of a number of local, state, and federal laws or regulations may apply. For example, when federal funding is provided for disaster-related activities, the agency providing those funds is generally required to identify and consider the environmental impacts of the proposed activities in accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. §4321...
House Rules Manual: Summary of Contents
The House Rules and Manual, officially titled Constitution, Jefferson’s Manual and Rules of the House of Representatives, contains the fundamental source material describing procedures in the House of Representatives. The Manual includes the Constitution of the United States, selected provisions of Jefferson’s Manual, rules of the House, provisions of law and resolutions enacted or adopted under the rule-making authority of the House, and pertinent decisions of the Speaker and chairmen of the Committee of the Whole interpreting the rules and procedural authority used in the House, often...
Hurricane Harvey and the Oil Industry
Hurricane Harvey has had a significant impact on oil industry infrastructure, and, therefore, the ability of the industry to supply petroleum products to the national and world markets at stable prices. All stages of the oil/petroleum product distribution chain, including production fields, refineries, pipelines, and harbors and ship terminals, have been affected. Over the next several days, damage assessments will continue and estimates of when normal operations will commence will become available. Hurricane Harvey has demonstrated the interconnectedness of the industry and how the...
Title X (Public Health Service Act) Family Planning Program
The federal government provides grants for family planning services through the Family Planning Program, Title X of the Public Health Service Act (42 U.S.C. §§300 to 300a-6). Enacted in 1970, it is the only domestic federal program devoted solely to family planning and related preventive health services. In 2015, Title X-funded clinics served 4.0 million clients.
Title X is administered through the Office of Population Affairs (OPA) in the Department of Health and Human Services (HHS). Although the authorization of appropriations for Title X ended with FY1985, funding for the program has...
Congressional Action on the FY2013 Disaster Supplemental
On January 29, 2013, the Disaster Relief Appropriations Act, 2013, a $50.5 billion package of disaster assistance largely focused on responding to Hurricane Sandy, was enacted as P.L. 113-2.
In late October 2012, Hurricane Sandy impacted a wide swath of the East Coast of the United States, resulting in more than 120 deaths and major disaster declarations for 12 states plus the District of Columbia. The Obama Administration submitted a request to Congress on December 7, 2012, for $60.4 billion in supplemental funding and legislative provisions to address both the immediate losses and...
House Standing Committee Chairs and Ranking Minority Members: Rules Governing Selection Procedures
House rules, Republican Conference rules, and Democratic Caucus rules each detail aspects of the procedures followed in selecting standing committee chairs and ranking minority members. The Republican Steering Committee and the Democratic Steering and Policy Committee are constituted during the early organization meetings traditionally held in November and December to determine most committee chairs and ranking minority members and to make committee assignments for most committees. Their recommendations are then forwarded to the full Republican Conference and Democratic Caucus for...
Following a major disaster declaration, the Federal Emergency Management Agency (FEMA) may provide three principal forms of assistance. These include Public Assistance, which addresses repairs to a community and states’ or tribe’s infrastructure; Mitigation Assistance which provides funding for projects a state or tribe submits to reduce the threat of future damage; and Individual Assistance (IA) which provides help to individuals and families.
IA can include several programs, depending on whether the governor of the affected state or the tribal leader has requested that specific help....
Paraguay is a South American country wedged between Bolivia, Argentina, and Brazil. It is about the size of California but has a population of less than 7 million. The country is known for its rather homogenous culture—a mix of Latin and Guarani influences, with 90% of the population speaking Guarani, a pre-Columbian language, in addition to Spanish. The Paraguayan economy is one of the most agriculturally dependent in the hemisphere and is largely shaped by the country’s production of cattle, soybeans, and other crops. In 2016, Paraguay grew by 4.1%; it is projected to sustain about 4.3%...
The HUD Homeless Assistance Grants: Programs Authorized by the HEARTH Act
The Homeless Assistance Grants, administered by the Department of Housing and Urban Development (HUD), were first authorized by Congress in 1987 as part of the McKinney-Vento Homeless Assistance Act (P.L. 100-77). Since their creation, the grants have been composed of three or four separate programs, though for the majority of their existence, between 1992 and 2012, the grant programs were unchanged. During this time period, there were four programs authorized and funded by Congress: the Emergency Shelter Grants (ESG), the Supportive Housing Program (SHP), the Shelter Plus Care (S+C)...
Transgender Servicemembers: Policy Shifts and Considerations for Congress
A series of Twitter posts on July 26, 2017, by President Donald J. Trump indicated a planned shift in Department of Defense (DOD) policy on service in the Armed Forces by transgender individuals. A Presidential Memorandum to the Secretaries of Defense and the Homeland Security (as parent agency to the U.S. Coast Guard) followed on August 25, 2017, outlining the new policy parameters with respect to uniformed DOD and Coast Guard personnel.
Background: Policy Evolution
Prior to 2016, DOD policy treated the physical and psychological aspects of transgender conditions as (1) grounds for the...
Judiciary Appropriations, FY2018
Funds for the judicial branch are included annually in the Financial Services and General Government (FSGG) appropriations bill. The bill provides funding for the Supreme Court; the U.S. Court of Appeals for the Federal Circuit; the U.S. Court of International Trade; the U.S. Courts of Appeals and District Courts; Defender Services; Court Security; Fees of Jurors and Commissioners; the Administrative Office of the U.S. Courts; the Federal Judicial Center; the U.S. Sentencing Commission; and Judicial Retirement Funds.
The judiciary’s FY2018 budget request of $7.86 billion, including $7.23...
Statistics on Livestock Grazing on Federal Lands: FY2002 to FY2016
Livestock grazing on federal lands primarily occurs on lands of the Bureau of Land Management (BLM, in the Department of the Interior) and the Forest Service (FS, in the Department of Agriculture). Both agencies manage lands under sustained-yield and multiple-use principles, with livestock grazing among generally authorized uses. Congress continues to be interested in the extent to which BLM and FS lands are protected and used for a variety of activities, including livestock grazing. This report provides data on the extent of livestock grazing in recent years to assist with congressional...
Cybersecurity for Energy Delivery Systems: DOE Programs
While physical threats to the U.S. power grid and pipelines have long worried policymakers, cyber threats to the computer systems that operate this critical infrastructure are an increasing concern. Cybersecurity risks against the power and pipeline sectors are similar, as both use similar control systems, and there appears to be a broad consensus that cyber threats to this infrastructure are on the rise. Furthermore, with ever-greater physical interdependency between electricity generators and the natural gas pipelines that supply their fuel, many in Congress recognize that grid and...
Maternal and Child Health Services Block Grant: Background and Funding
The Maternal and Child Health (MCH) Services Block Grant is a federal-state partnership program that aims to improve the health of low-income pregnant women, mothers, and children. In addition, the program aims to connect low-income families with other services and programs, such as Medicaid and the State Children’s Health Insurance Program (CHIP). This federal-state partnership is composed of three programs. First, formula-based block grants are provided to states and territories (collectively referred to as states in this report). Second, competitive grants are available through the...
Stafford Act Declarations 1953-2016: Trends, Analyses, and Implications for Congress
The Robert T. Stafford Disaster Relief and Emergency Assistance Act authorizes the President to issue declarations that provide states, tribes, and localities with a range of federal assistance in response to natural and man-made incidents. Since 1953 the frequency of declarations has increased. For example, the average number of major disaster declarations issued from 1960 to 1969 was roughly 18.6 per year. In contrast, the average number of major disaster declarations issued from 2000 to 2009 was 57.1 per year. The highest number was declared in 2011, with 97 major disaster...
Allowances and Office Staff for Former Presidents, FY2016-FY2018 Appropriations
Introduction
The Former Presidents Act (FPA), enacted on August 25, 1958 (3 U.S.C. §102 note), “was designed to maintain the dignity’ of the office of the President by providing former Presidents—and their spouses—a pension and other benefits to help them respond to post-presidency mail and speaking requests, among other informal public duties often required.” (See CRS Report RL34631, Former Presidents: Pensions, Office Allowances, and Other Federal Benefits.) The General Services Administration (GSA) administers the law. Five former Presidents receive pensions and benefits under the FPA:...
The Arab League, an umbrella organization comprising 22 Middle Eastern and African countries and entities, has maintained an official boycott of Israeli companies and Israeli-made goods since the founding of Israel in 1948. The boycott is administered by the Damascus-based Central Boycott Office, a specialized bureau of the Arab League.
The boycott has three tiers. The primary boycott prohibits citizens of an Arab League member from buying from, selling to, or entering into a business contract with either the Israeli government or an Israeli citizen. The secondary boycott extends the...
Hurricanes and Gasoline Prices
The Gulf of Mexico, especially the coastlines of Texas and Louisiana, have borne the brunt of many of the most severe hurricanes to hit the United States in recent years. The high winds, heavy rains, and storm surges that constitute a hurricane have resulted in loss of life, flooding, property damage, and economic disruption. In addition, this area includes important oil industry resources including offshore production facilities, refineries, and transportation infrastructure including import and export shipping facilities and pipelines.
Hurricanes Ike, which made landfall in Texas on...
Infrastructure: Green Building Overview and Issues
Buildings, whether residential, commercial, government, or special-use, are core components of the nation’s infrastructure. Their construction, operation, and demolition are increasingly recognized as major sources of environmental impact. Without significant transformation of building construction and operations, that impact is expected to increase with population growth and changes in other demographic and economic factors. One strategy for achieving that transformation is most widely known by the term green building. However, the term is used differently by various proponents and...
The Electoral College: Reform Proposals in the 114th and 115th Congress
American voters elect the President and Vice President of the United States indirectly, through presidential electors chosen by voters in the states—the electoral college. For further information see CRS Report RL32611, The Electoral College: How It Works in Contemporary Presidential Elections. Article II, Section 1 of the U.S. Constitution, as revised by the 12th Amendment in 1804, requires winning candidates for President and Vice President to gain a majority of electoral votes. Since 1804, Presidents who won a majority of electoral votes and at least a plurality of popular votes were...
DHS Appropriations FY2017: Departmental Management and Operations
This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2017. It specifically discusses appropriations for the components of DHS included in the first title of the homeland security appropriations bill—the Office of the Secretary and Executive Management, the Office of the Under Secretary for Management, the DHS headquarters consolidation project, the Office of the Chief Financial Officer, the Office of the Chief Information Officer, Analysis and Operations, and the Office of Inspector General for the department....
Small Modular Nuclear Reactors: Status and Issues
Small modular reactors (SMRs) are nuclear reactors that are sized to be suitable for modular construction. SMRs are generally defined as having electric generating capacity of 300 megawatts (MWe) or less, in contrast to existing nuclear power reactors, which typically exceed 1,000 MWe. A wide variety of nuclear technologies could be used in SMRs, in addition to the conventional light water reactor (LWR) technology in existing U.S. commercial nuclear plants. Many SMR designs are still in development stages, and the projected timelines for initial deployment of SMRs generally range from the...
The Patient Protection and Affordable Care Act’s (ACA’s) Transitional Reinsurance Program
Section 1341 of the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) establishes a transitional reinsurance program that is designed to provide payment to non-grandfathered, non-group market health plans (also known as individual market health plans) that enroll high-risk enrollees for 2014 through 2016. Under the program, the Secretary of the Department of Health and Human Services (HHS) collects reinsurance contributions from health insurers and from third-party administrators on behalf of group health plans. The Secretary then uses those contributions to make...
The Financial Services and General Government (FSGG) appropriations bills include funding for more than two dozen independent agencies in addition to the larger entities in the bill (Department of the Treasury, the Executive Office of the President, the District of Columbia, and the judiciary). Among these are Consumer Product Safety Commission (CPSC), Election Assistance Commission (EAC), Federal Communications Commission (FCC), Federal Election Commission (FEC), Federal Labor Relations Authority (FLRA), Federal Trade Commission (FTC), General Services Administration (GSA), National...
The Constitution grants Congress the power of the purse, but does not dictate how Congress must fulfill this constitutional duty. Congress has, therefore, developed certain types of budgetary legislation, along with rules and practices that govern its content and consideration. This set of budgetary legislation, rules, and practices is often referred to as the congressional budget process.
There is no prescribed congressional budget process that must be strictly followed each year, and Congress does not always consider budgetary measures in a linear or predictable pattern. Such...
H.R. 79, Section 452 of H.R. 10, and Section 913 of H.R. 3280: Helping Angels Lead Our Startups
The Jumpstart Our Business Startups Act of 2012 (JOBS Act; P.L. 112-106) was broadly aimed at stimulating corporate capital formation, particularly for emerging and smaller firms, largely through regulatory relief from various disclosure-based requirements in federal securities laws administered by the Securities and Exchange Commission (SEC).
In recent years, Congress has considered legislation extending the JOBS Act’s focus on corporate regulatory relief. In the 115th Congress, such legislation includes H.R. 79, Helping Angels Lead Our Startups, which passed the House on January 10,...
Congress continues to focus on reforming defense acquisition. Both chambers’ versions of the FY2018 National Defense Authorization Act include a large number of provisions dealing with defense acquisition, particularly in each bill’s Title VIII, Acquisition Policy, Acquisition Management, and Related Matters. These provisions build on the large number of acquisition provisions enacted in the last two years.
The House bill—passed by the House on July 14, 2017—includes 48 provisions, 15 of which were first introduced in a stand-alone acquisition reform bill by Chairman of the House Armed...
Russia: Background and U.S. Policy
Over the last five years, Congress and the executive branch have closely monitored and responded to new developments in Russian policy. These developments include the following: increasingly authoritarian governance since Vladimir Putin’s return to the presidential post in 2012; Russia’s 2014 annexation of Ukraine’s Crimea region and support of separatists in eastern Ukraine; violations of the Intermediate-Range Nuclear Forces (INF) Treaty; Moscow’s intervention in Syria in support of Bashar al Asad’s government; increased military activity in Europe; and cyber-related influence...
Domestic Terrorism: An Overview
The emphasis of counterterrorism policy in the United States since Al Qaeda’s attacks of September 11, 2001 (9/11) has been on jihadist terrorism. However, in the last decade, domestic terrorists—people who commit crimes within the homeland and draw inspiration from U.S.-based extremist ideologies and movements—have killed American citizens and damaged property across the country. Not all of these criminals have been prosecuted under federal terrorism statutes, which does not imply that domestic terrorists are taken any less seriously than other terrorists.
The Department of Justice (DOJ)...
DOD Plan to Split Acquisition Duties
On August 2, 2017, DOD provided Congress its plan for breaking the Office of the Secretary of Defense’s acquisition office—the Under Secretary of Defense (USD) for Acquisition, Technology and Logistics (AT&L)—into two separate organizations, as required by the FY2017 National Defense Authorization Act (NDAA), Section 901. The NDAA conference report laid out the concerns that drove the split:
“Three broad priorities framed the conference discussions: (1) elevate the mission of advancing technology and innovation within the Department; (2) foster distinct technology and acquisition cultures...
The U.S. Coal Industry: Historical Trends and Recent Developments
The Trump Administration has taken several actions intended to help revive the U.S. coal industry. Within its first two months, the Administration rolled back or began reversing several coal-related regulations finalized under the Obama Administration. This effort was undertaken as three of the largest coal producers continued recovery from Chapter 11 bankruptcy, and occurred in the context of higher coal prices (making coal production possibly more profitable), lower inventories, and higher natural gas prices—factors that could lead to coal being more competitive as a fuel source for...
Violence Against Members of Congress and Their Staff: Selected Examples and Congressional Responses
Questions about the personal security and safety of Members of Congress and their staffs are of enduring concern for the House, Senate, and the United States Capitol Police (USCP). Broader interest in the media and among the public arises in the aftermath of incidents such as the June 14, 2017, attack on at least 17 Members of Congress, several staff, USCP officers, and members of the public in Alexandria, Virginia. In that incident, a Member was critically wounded, and others were injured during a shooting that occurred as Members were practicing for an annual congressional baseball...
Select Demographic and Other Characteristics of Recent U.S. Circuit and District Court Nominees
This Insight provides information related to select demographic and other characteristics of U.S. circuit and district court nominees whose nominations were submitted to the Senate by President Trump prior to August 1, 2017. President Trump submitted a total of 26 nominations prior to this date. The select demographic and other characteristics of these 26 individuals are compared to the same demographic and other characteristics of the first 26 individuals nominated to U.S. circuit and district court judgeships during the Obama, George W. Bush, and Clinton presidencies. The information is...
Public Health Service Agencies: Overview and Funding (FY2016-FY2018)
Within the Department of Health and Human Services (HHS), eight agencies are designated components of the U.S. Public Health Service (PHS). The PHS agencies are funded primarily with annual discretionary appropriations. They also receive significant amounts of funding from other sources, including mandatory funds from the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended), user fees, and third-party reimbursements (collections).
The Agency for Healthcare Research and Quality (AHRQ) funds research on improving the quality and delivery of health care. For more than a...
In Brief: Highlights of the FY2018 National Defense Authorization Act
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The President’s FY2018 budget request, submitted to Congress on May 23, 2017, seeks $677.1 billion in budget authority for national defense-related activities (budget function 050). Of the national defense total, $667.6 billion is discretionary spending. The remaining $9.6 billion is mandatory spending that not provided by annual appropriations acts .
H.R. 2810, the version of the FY2018 National Defense Authorization Act (NDAA) passed by the House on July 14, 2017, would authorize $689.0 billion in discretionary funding for defense activities within the...
FY2018 Labor-HHS-Education Appropriations: Status and Issues
Congress has begun consideration of the 12 annual appropriations bills for FY2018, including the bill for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS), which is one of the largest and most controversial of the bills. When taking into account both mandatory and discretionary funding, the bill typically receives about $900 billion annually. Most recently, the House Appropriations Committee reported the FY2018 LHHS bill to the House on July 24, 2017 (H.R. 3358; H.Rept. 115-244). The report accompanying the House bill includes a detailed table...
Inspector General Community Launches Oversight.gov to Increase Accessibility to Reports
On August 2, 2017, the Council of Inspectors General on Integrity and Efficiency (CIGIE) launched Oversight.gov, a central repository for Office of Inspector General (OIG) reports that is intended to “improve the public’s access to independent and authoritative information about the Federal Government.” The website is currently being beta tested. As of August 2, 2017, 36 of 73 OIGs were participating in the beta test (Table 1). The establishment of, and participation in, the website is not statutorily required.
Oversight.gov is intended to be the first one-stop shop for OIG reports....
Insurance and the Financial CHOICE Act (H.R.10)
The Financial CHOICE Act of 2017 (H.R. 10) was passed by the House on June 8, 2017. Among many other provisions, H.R. 10 would revamp many of the insurance provisions in the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank; P.L. 111-203).
Background on Insurance Regulation
The federal role in regulating insurance is relatively limited compared with the role in banking and securities. Insurance companies, unlike banks and securities firms, have been chartered and regulated solely by the states for the past 150 years. The current state-centric system was confirmed...
Farm Safety-Net Payments Under the 2014 Farm Bill: Comparison by Program Crop
The 2014 farm bill (Agricultural Act of 2014, P.L. 113-79) authorizes farm safety-net programs for the five crop years of 2014 through 2018. This includes revenue support for 20 “covered commodities” under either the Agricultural Risk Coverage (ARC) program or the Price Loss Coverage (PLC) program and interim financing and floor price support for an expanded list of 24 “loan commodities” under the Marketing Assistance Loan (MAL) program. Outlays under the MAL, ARC, and PLC programs are funded by the U.S. Department of Agriculture’s (USDA’s) Commodity Credit Corporation (CCC).
In addition,...
Status of FY2017 Labor-HHS-Education Appropriations
This report provides a brief summary of the general scope of the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) appropriations bill. The report also provides a high-level overview of congressional action with regard to the FY2017 LHHS bill (S. 3040 and H.R. 5926), FY2017 continuing resolutions (CRs; P.L. 114-223, P.L. 114-254, and P.L. 115-30), and LHHS components of the FY2017 omnibus (P.L. 115-31). The report concludes with a list of additional resources.
Rising Costs and Delays Doom New Nuclear Reactors in South Carolina
A utility consortium that had been building two new nuclear power reactors in South Carolina announced July 31, 2017, it is abandoning the project because of growing cost overruns and schedule delays. Completion of the two additional reactors at the existing V.C. Summer Nuclear Station near Jenkinsville, SC, had been in doubt since Westinghouse Electric Corporation, the lead contractor for the project, filed for bankruptcy reorganization on March 29, 2017. Westinghouse also had been building two new reactors at the Vogtle nuclear plant in Georgia. The lead owner of that project, Southern...
China-India Border Tensions at Doka La
Recent border tensions between India and China may be indicative of a new phase of heightened Sino-Indian rivalry. This rivalry is manifesting itself not only along the two nations’ 2,167-mile-long disputed Himalayan border, but also throughout South Asia and the broader Indian Ocean littoral region. Intensified frictions raise the potential for open conflict and could serve as an impetus for further U.S.-India strategic cooperation that could have implications for China. An issue for Congress is whether to call on the Administration to put forth a strategy and report on this strategic...
Paris Agreement on Climate Change: U.S. Letter to United Nations
The Department of State communicated to the United Nations on August 4, 2017, a U.S. intention to withdraw from the 2016 Paris Agreement (PA). The PA is an international agreement to address climate change over the coming century existing under the 1992 U.N. Framework Convention on Climate Change (UNFCCC). On June 1, 2017, President Donald Trump publicly announced this intent. The letter to the U.N. stated that “unless the United States finds suitable terms for reengagement,” it would provide formal written notification of the U.S. intent to withdraw “as soon as it is eligible to do so.”...
Productivity Growth Across the Economy
Long-term economic growth is generally dependent on three factors: growth in the size of the labor force, growth in the amount of physical capital (e.g., tools, machines, computers) available to workers, and growth in productivity. Productivity is a measure of how well an economy produces goods and services with a given number of workers and amount of physical capital. Productivity growth is often of particular concern to policymakers because it is a vital determinant of long-term economic growth and drives increases in income for businesses and individuals. This Insight examines recent...
Puerto Rico Electric Power Authority and Debt Restructuring Under PROMESA, P.L. 114-187
In recent years, the Commonwealth of Puerto Rico (CPR) has faced a fiscal crisis resulting from economic contraction, high public sector debt levels, outmigration, and other factors. In recent weeks, the finances of the Puerto Rico Electric Power Authority (PREPA)—or in Spanish, the Autoridad de Energía Eléctrica (AEE)—have attracted specific attention. PREPA’s debt—about $9 billion—is larger than that of any other operational U.S. public corporation. Planned actions to address the debt, and high electricity prices due to the deteriorating state of the island’s generating and transmission...
Burundi’s Political Crisis: In Brief
This report provides context on the political crisis in Burundi, which is rooted in President Pierre Nkurunziza’s decision to run for a third term in 2015, in violation of a landmark peace accord. The crisis has spurred a low-intensity conflict and serious human rights violations, sparking a refugee influx into neighboring states and undermining Burundi’s hard-won stability following a civil war in the 1990s. Coinciding with a parallel stand-off over term limits in neighboring Democratic Republic of Congo (DRC), the situation in Burundi has implications for longstanding U.S. efforts to...
Trump Administration Releases First Unified Agenda of Federal Regulatory and Deregulatory Actions
On July 20, 2017, the Trump Administration released its first Unified Agenda of Federal Regulatory and Deregulatory Actions (hereinafter Unified Agenda). The Unified Agenda—which is usually published twice a year—is a government-wide publication of rulemaking actions agencies expect to take in the coming months and, as the name suggests, contains both regulatory actions (i.e., new regulations) and deregulatory actions (i.e., reductions in or elimination of current regulations). At present, the Unified Agenda does not contain a way to separate deregulatory actions from regulatory actions....
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the lead federal agency charged with administering and enforcing federal laws related to firearms and explosives commerce. ATF is also responsible for investigating arson cases with a federal nexus, and criminal cases involving the diversion of alcohol and tobacco from legal channels of commerce. As an agency within the Department of Justice (DOJ), ATF is funded through an annual appropriation in the Departments of Commerce and Justice, Science, and Related Agencies (CJS) Appropriations Act. For FY2017, Congress has...
The Energy Savings and Industrial Competitiveness Act: S. 385 and H.R. 1443
Energy efficiency—providing the same or an improved level of service with less energy—has been of interest to some Members of Congress. Proponents of increased energy efficiency see an untapped “resource” that can mitigate the demand for additional energy supplies. Perceived benefits of energy efficiency include lowered energy bills, reduced demand for energy, improved energy security and independence, and reduced air pollution and greenhouse gas emissions. Challenges to energy efficiency include market barriers that do not incentivize builders or developers to invest in energy efficiency,...
Tolling U.S. Highways and Bridges
The Federal-Aid Road Act of 1916 (39 Stat. 355), which provided federal funds to states for highway construction, included the requirement that all roads funded under the act be “free from tolls of all kinds.” Following the funding of the Interstate System in 1956, the “freedom from tolls” policy was reaffirmed (23 U.S.C. §301). Although the provision still exists, exceptions to the general ban on tolls now cover the vast majority of federal-aid roads and bridges. New roads, bridges, and tunnels may be tolled, and most existing roads, bridges, and tunnels may be tolled if they are...
Updated Standards for SNAP-Authorized Retailers
The Supplemental Nutrition Assistance Program (SNAP), the largest of the U.S Department of Agriculture’s (USDA’s) domestic food assistance programs, provides benefits to eligible participants; these benefits are redeemable for SNAP-eligible foods at SNAP-authorized retailers. SNAP-authorized retailers are stores and other food sellers that are allowed to accept SNAP benefits. In FY2015, the vast majority of benefits were redeemed at “super stores” and supermarkets.
On December 15, 2016, USDA’s Food and Nutrition Service (FNS) published in the Federal Register a final rule, “Enhancing...
Global Engagement Center: Background and Issues
The State Department’s Global Engagement Center (GEC) is tasked with countering foreign state and non-state propaganda and disinformation targeting the United States and U.S. interests. A number of recent reports have stated that the GEC has not been given access to authorized funds for FY2017, leading to speculation and concern in some quarters about its continued role and operations.
Counterterrorism Communications in the State Department
The GEC is the latest iteration of State Department efforts to coordinate interagency communications countering the messaging and influence of...
North Korean Cyber Capabilities: In Brief
As North Korea has accelerated its missile and nuclear programs in spite of international sanctions, Congress and the Trump Administration have elevated North Korea to a top U.S. foreign policy priority. Legislation such as the North Korea Sanctions and Policy Enhancement Act of 2016 (P.L. 114-122), and international sanctions imposed by the United Nations Security Council have focused on North Korea’s WMD and ballistic missile programs and human rights abuses. According to some experts, another threat is emerging from North Korea: an ambitious and well-resourced cyber program. North...
The “Better Way” House Tax Plan: An Economic Analysis
On June 24, 2016, House Speaker Paul Ryan released the Better Way Tax Reform Task Force Blueprint, which provides a revision of federal income taxes. For the individual income tax, the plan would broaden the base, lower the rates (with a top rate of 33%), and alter some of the elements related to family size and structure by eliminating personal exemptions, allowing a larger standard deduction, and adding a dependent credit. For business income, the current income tax would be replaced by a cash-flow tax rebated on exports and imposed on imports, with a top rate of 20% for corporations and...
Executive Branch Reorganization
The federal bureaucracy of the present day is the product of more than two centuries of legislative and administrative actions by successive generations of elected and appointed officials. As such, the diverse organizations and processes of the federal government are a consequence of the influence and decisions of thousands of officials with differing viewpoints about the role of government and diverse policy preferences. The federal bureaucracy’s organizational arrangements are also reflective of ongoing competition between Congress and the President to influence the behavior of agencies....
Overview
Yemen is facing an unprecedented humanitarian crisis due to an ongoing international conflict that began in March 2015 and has killed over 10,000 people. More than half of Yemen’s estimated 25 million population lack access to basic health care, and roughly 15 million people are without access to clean water, sanitation, and hygiene (WASH) services. Only 45% of health facilities in the country are functional, and many have limited access to medicines, medical equipment, and clean water and sanitation, further complicating efforts to control the outbreak.
Yemen is experiencing the...
In Brief: Highlights of FY2018 Defense Appropriations Actions
On July 27, 2017, by a vote of 235-192, the House passed H.R. 3219, “The Defense, Military Construction, Veterans Affairs, Legislative Branch, and Energy and Water Development National Security Appropriations Act, 2018,” also referred to as the “Make America Secure Appropriations Act, 2018.” Division A of that bill would appropriate $650.4 billion in discretionary funding for national defense activities within the jurisdiction of the House Appropriations Subcommittee on Defense. This would amount to a 4.5% increase over the Administration’s $622.1 billion request.
As reported by the House...
U.S. Circuit and District Court Judges: Profile of Select Characteristics
This report addresses ongoing congressional interest in the demographic characteristics and professional experiences of those individuals nominated and appointed to fill lower federal court judgeships. It focuses on demographic and other background characteristics of active U.S. circuit and district court judges who are currently serving on the federal bench.
Unless otherwise noted, the statistics provided in the report do not reflect all of a particular President’s circuit or district court appointments during his time in office—but only active judges appointed by that President. A judge...
Reform of U.S. International Taxation: Alternatives
A striking feature of the modern U.S. economy is its growing openness—its increased integration with the rest of the world. The attention of tax policymakers has recently been focused on the growing participation of U.S. firms in the international economy and the increased pressure that engagement places on the U.S. system for taxing overseas business. Is the current U.S. system for taxing U.S. international business the appropriate one for the modern era of globalized business operations, or should its basic structure be reformed?
The current U.S. system for taxing international business...
Presidential Permits for Border Crossing Energy Facilities
Controversy over the proposed Keystone XL pipeline project has focused attention on U.S. requirements for authorization to construct and operate pipelines and other energy infrastructure at international borders. For the most part, developers are required to obtain a Presidential Permit for border crossing facilities. The agency responsible for reviewing applications and issuing Presidential Permits varies depending on the type of facility. Oil and other hazardous liquids pipelines that cross borders are authorized by the U.S. Department of State. Natural gas pipeline border crossings are...
Bail: An Abridged Overview of Federal Criminal Law
This is an overview of the federal law of bail. Bail is the release of an individual following his arrest upon his promise—secured or unsecured; conditioned or unconditioned—to appear at subsequent judicial criminal proceedings. An accused may be denied bail if he is unable to satisfy the conditions set for his release. He may also be denied bail if the committing judge or magistrate concludes that no amount of security or any set of conditions will suffice to ensure public safety or the individual’s later appearance in court.
The federal bail statute layers the committing judge’s or...
Bail: An Overview of Federal Criminal Law
This is an overview of the federal law of bail. Bail is the release of an individual following his arrest upon his promise—secured or unsecured; conditioned or unconditioned—to appear at subsequent judicial criminal proceedings. An accused may be denied bail if he is unable to satisfy the conditions set for his release. He may also be denied bail if the committing judge or magistrate concludes that no amount of security or any set of conditions will suffice to ensure public safety or the individual’s later appearance in court.
The federal bail statute layers the committing judge’s or...
Tax Provisions that Expired in 2016 (“Tax Extenders”)
In the past, Congress has regularly acted to extend expired or expiring temporary tax provisions. Collectively, these temporary tax provisions are often referred to as “tax extenders.” Most recently, in December 2015, Congress addressed tax extenders in the Protecting Americans from Tax Hikes Act of 2015 (PATH Act), enacted as Division Q of the Consolidated Appropriations Act, 2016 (P.L. 114-113). This legislation extended all of the 52 provisions that had expired at the end of 2014. Unlike past tax extenders legislation, however, a number of provisions that had expired at the end of 2014...
Rwanda’s August 4 Presidential Election
Politics and the 2017 Presidential Election
The circumstances of Rwanda’s August 4 presidential election highlight some of the policy challenges in approaching a country that arguably combines effective governance with political repression. President Paul Kagame, in office since 2000, is campaigning for a third term. A constitutional referendum in 2015 changed the presidential term from seven to five years but exempted the sitting President from the shortened term and from a two-term limit until 2024 (Article 101, Article 172).
The referendum was scheduled following “national...
Ongoing Section 232 Steel and Aluminum Investigations
The Department of Commerce is currently conducting two investigations to determine the national security implications of U.S. imports of steel and aluminum under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. § 1862, as amended). Section 232, sometimes called the "national security clause," provides the President with the ability to impose restrictions on imports, such as tariffs or quotas, if the Secretary of Commerce, in consultation with the Department of Defense and other government officials, determines such imports threaten to impair the national security of the United...
Motor vehicles and vehicle parts accounted for more than 20% of the total value of U.S. merchandise trade with Canada and Mexico in 2016, making them the largest category of manufactured products traded among the United States, Mexico, and Canada. Since the North American Free Trade Agreement (NAFTA) took effect in January 1994, the vehicle supply chain has become fully integrated, with parts manufacturing and assembly in all three countries.
On May 18, 2017, the Trump Administration notified Congress of its intent to renegotiate NAFTA. In consequence, the 115th Congress will likely...
Federal Assistance for Wildfire Response and Recovery: In Brief
Wildfires can destroy homes and force thousands of people to evacuate. Over the last 10 years, wildfires in the United States have burned nearly 7.0 million acres annually on average. In 2015, 68,200 wildfires burned 10.1 million acres, making 2015 the largest fire year on record. In 2016, more than 67,700 wildfires burned 5.5 million acres. Through July 26, 2017, approximately 37,200 wildfires have burned 5.2 million acres, surpassing the 3.1 million acres burned through July 26 last year.
The federal government has programs to assist state and local efforts to control wildfires and...
The political crisis in Venezuela is at a pivotal point (See CRS Report R44841, Venezuela: Background and U.S. Policy). President Nicolas Maduro is convening elections on July 30 for delegates to a constituent assembly to rewrite the country’s constitution and possibly dismantle the legislative branch. On July 17, 2017, President Donald Trump issued a statement that declared that “the United States will take strong and swift economic actions” if the assembly elections occur. Those actions reportedly could include sanctions on Venezuela’s energy sector, which generates 95% of its export...
Inter Partes Review of Patents: Innovation Issues
The Leahy-Smith America Invents Act (AIA) of 2011 introduced inter partes review proceedings (IPRs) into the patent system. IPRs allow the U.S. Patent and Trademark Office (USPTO) to revisit—and possibly cancel—a patent the agency had previously allowed. Under these proceedings, any individual may petition the USPTO to assert that a granted patent is invalid in view of earlier patents or printed publications. A petitioner must demonstrate that there is a “reasonable likelihood” that he would prevail for the IPR to begin. Should the USPTO’s Patent Trial and Appeal Board (PTAB) grant the...
Aviation Bills Take Flight, but Legislative Path Remains Unclear
Both the House Transportation and Infrastructure Committee and the Senate Committee on Commerce, Science, and Transportation acted favorably on bills to reauthorize the Federal Aviation Administration (FAA) and other aviation programs during the last week of June. The two bills, H.R. 2997 and S. 1405, have significant differences, many of them related to provisions in the House bill that would create a not-for-profit private corporation to take over responsibility for running the national air traffic control system. The Senate bill contains no similar provisions, and the path forward for...
Gulf Coast Restoration: RESTORE Act and Related Efforts
The Gulf of Mexico coastal environment (Gulf Coast) stretches over approximately 600,000 square miles across five U.S. states: Texas, Louisiana, Mississippi, Alabama, and Florida. It is home to more than 22 million people and more than 15,000 species of sea life. Efforts are ongoing to restore this environment, which has been damaged by specific events such as the Deepwater Horizon spill and hurricanes as well as by disturbances to wetlands and water quality from human alterations and other impacts. The issue for Congress is the implementation, funding, and performance of congressionally...
Provisions of Obamacare Repeal Reconciliation Act of 2017 (ORRA)
Per the reconciliation instructions in the budget resolution for FY2017 (S.Con.Res. 3), the House passed its reconciliation bill, H.R. 1628—the American Health Care Act (AHCA)—with amendments on May 4, 2017. The House bill was received in the Senate on June 7, 2017, and the next day the Senate majority leader had it placed on the calendar, making it available for floor consideration. The Senate Budget Committee published on its website a “discussion draft” titled, “The Better Care Reconciliation Act of 2017” (BCRA) on June 22, 2017, and subsequently updated the discussion draft on June 26,...
Comparison of the American Health Care Act (AHCA) and the Better Care Reconciliation Act (BCRA)
Per the reconciliation instructions in the budget resolution for FY2017 (S.Con.Res. 3), the House passed its reconciliation bill, H.R. 1628—the American Health Care Act (AHCA)—with amendments on May 4, 2017. The House bill was received in the Senate on June 7, 2017, and the next day the Senate majority leader had it placed on the calendar, making it available for floor consideration. The Senate Budget Committee published on its website a “discussion draft” titled, “The Better Care Reconciliation Act of 2017” (BCRA) on June 22, subsequently updated the discussion draft on June 26, again on...
Hong Kong’s High Court Disqualifies Four More Legislators
On July 15, 2017, Hong Kong’s High Court decided that the oaths of office taken by four members of Hong Kong’s Legislative Council (Legco) on October 12, 2016, were invalid, and as a consequence, determined they were “disqualified from assuming or entering the Office of a Legco Member.” The ruling raises the number of disqualified Legco members to six, as two other members previously had been disqualified by the High Court on November 15, 2016 (see CRS Insight IN10605, China and the Hong Kong High Court Issue Decisions on Legislative Council Controversy (Update)). The four Members...
An Analysis of the Geographic Distribution of the Mortgage Interest Deduction
This report analyzes variation in the mortgage interest deduction tax expenditure across states. Tax expenditures, such as the mortgage interest deduction, can generally be viewed as government spending administered via the tax code, or as tax incentives that are intended to achieve particular policy objectives. Regardless of the interpretation, tax expenditures provide a benefit to qualifying taxpayers by lowering their federal tax liabilities. Recent proposals to change the mortgage interest deduction could affect how its benefits are distributed. Understanding how the deduction’s...
Accounting and Auditing Regulatory Structure: U.S. and International
Accounting and auditing standards in the United States are promulgated and regulated by various federal, state, and self-regulatory organizations (SROs). Accounting and auditing standards are also influenced by practitioners from businesses, nonprofits, and government entities. Congress has allowed financial accounting and auditing practitioners to remain largely self-regulated while retaining oversight responsibility. At certain times, Congress has sought to achieve specific accounting- and auditing-based policy objectives by enacting legislation such as the Sarbanes-Oxley Act of 2002...
Remedies for Patent Infringement
For more than a decade, some Members of Congress have considered bills that have proposed reforms to the law of patent remedies. Under current law, courts may award damages to compensate patent proprietors for an act of infringement. Damages consist of the patent owner’s lost profits due to the infringement, if they can be proven. Otherwise the adjudicated infringer must pay a reasonable royalty. Courts may also award enhanced damages of up to three times the actual damages in exceptional cases. In addition, courts may issue an injunction that prevents the adjudicated infringer from...
H.R. 2842. Subsidized employment. Career Pathways. Apprenticeship. Temporary Assistance for Needy Families.
The Paris Club and International Debt Relief
The Paris Club is a voluntary, informal group of creditor nations who meet approximately 10 times per year to provide debt relief to developing countries. Members of the Paris Club agree to renegotiate and/or reduce official debt owed to them on a case-by-case basis.
The United States is a key Paris Club Member and Congress has an active role in both Paris Club operations and U.S. policy regarding debt relief overall. The Federal Credit Reform Act of 1990 stipulates that Congress must be involved in any official foreign country debt relief and notified of any debt reduction and debt renegotiation.
Sinclair Broadcast Group Acquisition of Tribune Media: Competitive and Regulatory Issues
On May 8, 2017, Sinclair Broadcast Group Inc. announced that it agreed to acquire the Tribune Media Company for $6.6 billion, including $3.9 billion for Tribune’s stock, and the assumption of $2.7 billion of Tribune’s debt. The transaction, if approved by shareholders and the U.S. government, would make Sinclair the nation’s largest television broadcast company, giving it access to a far larger share of U.S. households than any other television broadcaster.
Both the U.S. Department of Justice (DOJ) and the Federal Communications Commission (FCC) must approve Sinclair’s transactions before...
Human Rights in China and U.S. Policy: Issues for the 115th Congress
This report examines human rights conditions in the People’s Republic of China (PRC) and policy options for Congress. The PRC government under the leadership of Chinese Communist Party General Secretary and State President Xi Jinping has implemented a clampdown on political dissent, civil society, human rights activists and lawyers, and the religious, cultural, and linguistic practices of Tibetans and Uyghurs. Other major human rights violations in China include the practice of incommunicado detention, torture of persons in custody, censorship of the Internet, and restrictions on the...
Indian Health Service (IHS) Funding: Fact Sheet
The Indian Health Service (IHS) within the Department of Health and Human Services (HHS) is the lead federal agency charged with improving the health of American Indians and Alaska Natives. IHS provides health care for approximately 2.2 million eligible American Indians/Alaska Natives through a system of programs and facilities located on or near Indian reservations, and through contractors in certain urban areas. IHS provides services to members of 566 federally recognized tribes. It provides services either directly or through facilities and programs operated by Indian Tribes or Tribal...
History of the ESEA Title I-A Formulas
The Elementary and Secondary Education Act (ESEA) is the primary source of federal aid to K-12 education. The ESEA was last reauthorized by the Every Student Succeeds Act (ESSA; P.L. 114-95) in 2015. The Title I-A program has always been the largest grant program authorized under the ESEA. Title I-A grants provide supplementary educational and related services to low-achieving and other students attending elementary and secondary schools with relatively high concentrations of students from low-income families.
The U.S. Department of Education (ED) determines Title I-A grants to local...
The Proposed EU-Japan FTA and Implications for U.S. Trade Policy
On July 6, 2017, ahead of the G-20 annual summit, the European Union (EU) and Japan announced reaching an agreement “in principle” on a bilateral free trade agreement (FTA), following 18 rounds of negotiations over four years. The EU and Japan aim for entry-into-force (EIF) of the agreement in early 2019. Considerable uncertainty surrounds the agreement, however, as some commitments remain under negotiation and current United Kingdom (UK) negotiations over withdrawal from the EU (“Brexit”) further complicate the path forward. (The European Commission negotiates FTAs on behalf of the EU and...
Health Resources and Services Administration (HRSA) Funding: Fact Sheet
The Health Resources and Services Administration (HRSA) within the Department of Health and Human Services (HHS) is the federal agency charged with improving the health safety net by providing access to health care for those who are uninsured, isolated, or medically vulnerable. The agency currently awards funding to more than 3,000 grantees, including community-based organizations; colleges and universities; hospitals; state, local, and tribal governments; and private entities to support health services projects, such as training health care workers or providing specific health services....
The G-20 Summit in Hamburg, Germany: Key Debates and Outcomes
Germany hosted the annual Group of 20 (G-20) summit on July 7-8 in Hamburg. The G-20 is a forum for advancing international economic cooperation and coordination among 20 major economies, including the United States, that together account for about 85% of global economic output. In recent years, the G-20 has also increasingly become a forum for discussing pressing foreign policy issues. The agenda for the 2017 summit included a broad mix of economic and foreign policy issues: international trade, global economic growth, the global financial system, climate policy, development, health,...
Monument Proclamations Under Executive Order Review: Comparison of Selected Provisions
The Antiquities Act of 1906 (54 U.S.C. §§320301-320303) authorizes the President to proclaim national monuments on federal lands that contain “historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest.” The President is to reserve “the smallest area compatible with the proper care and management of the objects to be protected.” From 1906 to date, Presidents have established 157 monuments and have enlarged, diminished, or otherwise modified previously proclaimed monuments. Presidential establishment of monuments has sometimes been...
Overview of U.S. Sanctions Regimes on Russia
Background
On December 29, 2016, President Barack Obama imposed sanctions on Russia for malicious cyber activity. These were the latest in a series of U.S. sanctions regimes that have been imposed on Russia over the last several years in response to activities that are state-sponsored or allegedly conducted by government officials. In addition, a number of Russian individuals and entities are subject to sanctions for terrorism, transnational crime, and weapons proliferation.
The United States’ use of economic sanctions in furtherance of national security or foreign policy is implemented,...
H.R. 23, the Gaining Responsibility on Water Act of 2017 (GROW Act)
In recent years, parts of the American West (i.e., the 17 states west of the Mississippi River) have been subject to prolonged drought conditions, including a severe drought in California that lasted from 2012 to 2016. Dating to the 112th Congress, several bills were proposed to address these conditions. The 114th Congress saw significant drought-related legislation enacted in the form of Subtitle J of the Water Resources Infrastructure Improvements for the Nation Act (WIIN Act; P.L. 114-322). The WIIN Act included a number of provisions generally related to the Bureau of Reclamation (or...
In recent decades, many federal policies have attempted to help prepare students with disabilities to complete high school and to continue into postsecondary education. Corollary interest has arisen in being able to track the progress being made toward achieving these aims.
This report offers a brief overview of what is currently known about the U.S. population of students with disabilities as they advance through secondary education and into postsecondary education. It devotes particular attention to high school graduation trends and data on postsecondary enrollment. Within the...
Drinking Water State Revolving Fund (DWSRF): Program Overview and Issues
The Safe Drinking Water Act (SDWA) is the federal authority for regulating contaminants in public water supplies. It includes the Drinking Water State Revolving Fund (DWSRF) program, established in 1996 to help public water systems finance infrastructure projects needed to comply with federal drinking water regulations and to meet the SDWA’s health objectives. Under this program, states receive annual capitalization grants to provide financial assistance (primarily subsidized loans) to public water systems for drinking water projects and other specified activities. Between FY1997 and...
Community Oriented Policing Services (COPS): In Brief
The Community Oriented Policing Services (COPS) program was created by Title I of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322). The mission of the COPS program is to advance community policing in jurisdictions across the United States. The Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162) reauthorized the COPS program for FY2006-FY2009 and changed it from a multi-grant program to a single-grant program. Even though the COPS grant program is not currently authorized, Congress has continued to appropriate funding for...
S. 1460: A New Energy and Resources Bill for the 115th Congress
On June 28, Senators Murkowski and Cantwell (Chair and Ranking Member, respectively, of the Energy and Natural Resources Committee) introduced S. 1460, the Energy and Natural Resources Act of 2017. The next day, the bill was read a second time and placed on the Senate calendar. S. 1460 has many similarities, but also significant differences, with the Senate-passed version of S. 2012, the comprehensive energy and natural resources bill in the 114th Congress (see CRS Report R44291, Energy Legislation: Comparison of Selected Provisions in S. 2012 as Passed by the House and Senate, by Brent D....
Judicial Review of Medicaid Work Requirements Under Section 1115 Demonstrations
Proposals have been introduced in the 115th Congress to reform the Medicaid program, which provides medical assistance to low-income and needy individuals. One such approach, taken by House-passed H.R. 1628, the American Health Care Act of 2017, would allow states to impose work requirements on certain categories of individuals as a condition of coverage under the Medicaid program. A similar approach is also taken in the discussion draft of the Better Care Reconciliation Act, a proposed amendment in the nature of a substitute to H.R. 1628, which was published by the Senate Budget Committee...
The Section 199 Production Activities Deduction: Background and Analysis
In 2004, Congress added the Section 199 domestic production activities deduction to the Internal Revenue Code (IRC). The deduction was intended to achieve a number of policy goals, including compensating for repeal of the extraterritorial income (ETI) export-subsidy provisions, supporting the domestic manufacturing sector, and reducing effective corporate tax rates.
Under current law, qualified activities are eligible for a deduction equal to 9% of the lesser of taxable income derived from qualified production activities, or taxable income. Eligible income includes that derived from the...
Department of Health and Human Services: FY2018 Budget Request
This report provides information about the FY2018 budget request for the Department of Health and Human Services (HHS). It begins by reviewing the department’s mission and structure. This is followed by an overview of the total FY2018 request for the department. Next, the report discusses the concept of the HHS budget as a whole, compared to funding provided to HHS through the annual appropriations process. This distinction is important because certain amounts shown in FY2018 HHS budget materials (including amounts for prior years) will not match amounts provided to HHS by annual...
The Education Sciences Reform Act
The Education Sciences Reform Act (ESRA, Title I of P.L. 107-279) established the Institute of Education Sciences (IES) as an independent research arm of the Department of Education (ED). The IES Director, appointed by the President with the advice and consent of the Senate, serves a six-year term and is advised by a technical panel composed primarily of educational researchers, the National Board of Educational Sciences (NBES).
The IES consists of four research centers, the National Center for Education Research (NCER), the National Center for Education Statistics (NCES), the National...
Generic Drugs and GDUFA Reauthorization: In Brief
A generic drug is a lower-cost copy of a brand-name chemical drug. Marketing of the generic drug becomes possible only when the brand-name—also called innovator—drug is no longer protected from market competition by patent and other protections, called regulatory exclusivity.
Prior to marketing, the sponsor of a brand-name drug must submit to the Food and Drug Administration (FDA) clinical data in a new drug application (NDA) to support the claim that the drug is safe and effective for its intended use. The FDA uses the information in the NDA as a basis for approving or denying the...
North Korea’s Long-Range Missile Test
On July 4, 2017, North Korea tested a long-range ballistic missile that some observers characterized as having intercontinental range. If so, it represents reaching a milestone years earlier than many analysts predicted. The two-stage missile reportedly flew in a high trajectory for 37 minutes, demonstrating a theoretical range that could include Alaska. It is not known what payload was used, but the actual range using a nuclear warhead would likely be significantly shorter. Although North Korea has not proven the capability to miniaturize a nuclear warhead or develop a reentry vehicle...
U.S. Sanctions Relief for Sudan
The Trump Administration is expected to decide by July 12 whether to lift most of a 20-year-old sanctions regime against Sudan, continuing an Obama Administration strategy of conditional engagement with the country. By that date, Secretary of State Rex Tillerson must present an interagency report on Sudan’s compliance with benchmarks negotiated between the Obama Administration and the government of President Omar al Bashir. Bashir came to power in a 1989 coup and is wanted by the International Criminal Court on charges of war crimes, crimes against humanity, and genocide.
Successive...
In the early 1990s, Congress recognized that several federal agencies had ongoing high-performance computing programs, but no central coordinating body existed to ensure long-term coordination and planning. To provide such a framework, Congress passed the High-Performance Computing and Communications Program Act of 1991 (P.L. 102-194) to enhance the effectiveness of the various programs. In conjunction with the passage of the act, the White House Office of Science and Technology Policy (OSTP) released Grand Challenges: High-Performance Computing and Communications. That document outlined a...
Executive Order to Expand Apprenticeships
On June 15, 2017, President Trump issued Executive Order 13801 (EO) with the stated goal of expanding apprenticeship programs as a workforce development strategy. The EO emphasized apprenticeship programs as a workforce-driven strategy that may come at a lower cost to students than traditional higher education. The EO also directed federal agencies to review existing workforce development programs.
Role of the Federal Government in Apprenticeship
Apprenticeship is a workforce development strategy for a specific occupation that combines on-the-job training and related instruction (often...
International Species Conservation Funds
International species conservation is addressed by several funds, including those under the Multinational Species Conservation Fund and the Neotropical Migratory Bird Conservation Fund. These funds are implemented by relatively small programs within the Fish and Wildlife Service, yet generate enormous constituent interest, chiefly concerning their funding levels. This report describes the funds briefly, and summarizes recent and proposed appropriations levels.
Department of Labor’s 2016 Fiduciary Rule: Background and Issues
Regulations issued in 1975 (called the 1975 rule in this report) defined investment advice using a five-part test. To be held to ERISA’s fiduciary standard with respect to his or her advice, an individual had to (1) make recommendations on investing in, purchasing, or selling securities or other property, or give advice as to the value (2) on a regular basis (3) pursuant to a mutual understanding that the advice (4) will serve as a primary basis for investment decisions, and (5) will be individualized to the particular needs of the plan regarding such matters as, among other things,...
The Corporation for Public Broadcasting: Federal Funding and Issues
The Corporation for Public Broadcasting (CPB) receives its funding through federal appropriations; overall, about 15% of public television and 10% of radio broadcasting funding comes from the federal appropriations that CPB distributes. CPB’s appropriation is allocated through a distribution formula established in its authorizing legislation and has historically received two-year advanced appropriations. Congressional policymakers are increasingly interested in the federal role in supporting CPB due to concerns over the federal debt, the role of the federal government funding for public...
Hong Kong Marks 20th Anniversary of Handover to Chinese Sovereignty
On July 1, 1997, Hong Kong returned to Chinese sovereignty in accordance with the “Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China (PRC) on the Question of Hong Kong” (Joint Declaration) and the “Basic Law of the Hong Kong Special Administrative Region (HKSAR)” (Basic Law). Twenty years later, some observers, including some Members of Congress, question the PRC government’s commitment to the Joint Declaration and the Basic Law, and have proposed changing U.S. relations with China and Hong...
The Federal Budget: Overview and Issues for FY2018 and Beyond
The federal budget is a central component of the congressional “power of the purse.” Each fiscal year, Congress and the President engage in a number of practices that influence short- and long-run revenue and expenditure trends. This report offers context for the current budget debate and tracks legislative events related to the federal budget.
In recent years, policies enacted to decrease spending along with a stronger economy have led to reduced budget deficits. The Budget Control Act of 2011 (BCA; P.L. 112-25) implemented several measures intended to reduce the deficit from FY2012...
U.S.-Mexican Security Cooperation: The Mérida Initiative and Beyond
Ten years after the Mexican government launched an aggressive, military-led campaign against drug trafficking and organized crime, violent crime continues to threaten citizen security and governance in parts of Mexico, including in cities along the U.S. southwest border. Organized crime-related violence in Mexico declined from 2011 to 2014 but rose in 2015 and again in 2016. Analysts estimate that the violence may have claimed more than 109,000 lives since December 2006. High-profile cases—particularly the enforced disappearance and murder of 43 students in Guerrero in September 2014—have...
Emergency Relief for Disaster-Damaged Roads and Transit Systems: In Brief
Major roads and bridges are part of the federal-aid highway system and are therefore eligible for assistance under the Emergency Relief Program (ER) of the Federal Highway Administration (FHWA). Following a natural disaster (such as Hurricane Matthew in 2016, which damaged highways in Florida, Georgia, South Carolina, and North Carolina), or catastrophic failure (such as the 2013 collapse of the Skagit River Bridge in Washington State) ER funds are made available for both emergency repairs and restoration of federal-aid highway facilities to conditions comparable to those before the...
Foreign Direct Investment in the United States: An Economic Analysis
Foreign direct investment in the United States in 2015 increased by 83% over that recorded in 2014. (Note: The United States defines foreign direct investment as the ownership or control, directly or indirectly, by one foreign person [individual, branch, partnership, association, government, etc.] of 10% or more of the voting securities of an incorporated U.S. business enterprise or an equivalent interest in an unincorporated U.S. business enterprise [15 CFR §806.15 (a)(1)].) In 2015, according to U.S. Department of Commerce data, foreigners invested $379 billion in U.S. businesses and...
U.S. Direct Investment Abroad: Trends and Current Issues
The United States is the largest direct investor abroad and the largest recipient of foreign direct investment in the world. For some Americans, the national gains attributed to investing overseas are offset by such perceived losses as offshoring facilities, displacing U.S. workers, and lowering wages. Some observers believe U.S. firms invest abroad to avoid U.S. labor unions or high U.S. wages, but 74% of the accumulated U.S. foreign direct investment is concentrated in high-income developed countries. In recent years, the share of investment going to developing countries has fallen. Most...
Defense: FY2017 Budget Request, Authorization, and Appropriations
This report discusses the Obama Administration’s FY2017 defense budget request and provides a summary of congressional action on the National Defense Authorization Act (NDAA) for FY2017 (S. 2943/P.L. 114-328), and the FY2017 Defense Appropriations Act (H.R. 244/P.L. 115-31).
In February 2016, the Obama Administration requested $523.9 billion to cover the FY2017 discretionary base budget of the Department of Defense (DOD) and $58.8 billion in discretionary funding for Overseas Contingency Operations (OCO). The OCO budget category generally includes funding related to the incremental cost...
Climate Change: Frequently Asked Questions About the 2015 Paris Agreement
The Paris Agreement (PA) to address climate change internationally entered into force on November 4, 2016. The United States is one of 149 Parties to the treaty; President Barack Obama accepted the agreement rather than ratifying it with the advice and consent of the Senate. On June 1, 2017, President Donald J. Trump announced his intent to withdraw the United States from the agreement and that his Administration would seek to reopen negotiations on the PA or on a new “transaction.” Following the provisions of the PA, U.S. withdrawal could take effect as early as November 2020.
Experts...
A Retrospective of House Rules Changes Since the 110th Congress
One of the majority party’s prerogatives is writing House rules and using its numbers to effect the chamber’s rules on the day a new House convenes. Because all Members of the House stand for election every two years, the Members-elect constitute a new House that must adopt rules at the convening of each Congress. Although a new House largely adopts the chamber rules that existed in the previous Congress, it also adopts changes to those rules. Institutional and political developments during the preceding Congress inform rules changes that a party continuing in the majority might make....
The Coast Guard’s Role in Safeguarding Maritime Transportation: Selected Issues
Congress has made the U.S. Coast Guard responsible for safeguarding vessel traffic on the nation’s coastal and inland waterways. Congress typically passes Coast Guard authorization bills every one to two years and appropriates funds to the agency annually under the Department of Homeland Security appropriations bill. H.R. 2518, reported by the House Transportation and Infrastructure Committee, and S. 1129, reported by the Senate Commerce Committee, authorize appropriations for the Coast Guard for FY2018 and FY2019 and have provisions related to the agency’s safety mission.
The fleet of...
Reauthorization of the Perkins Act in the 115th Congress: Comparison of Current Law and H.R. 2353
Since 1984, a number of acts named after former Congressman Carl D. Perkins have been the main federal laws authorized to support the development of career and technical education (CTE) programs aimed at students in secondary and postsecondary education. The Carl D. Perkins Career and Technical Education Act of 2006 (Perkins Act; P.L. 109-270), the most recent reauthorization of the federal CTE law, was passed in 2006 and authorized appropriations through FY2012. The authorization of appropriations was extended through FY2013 under the General Education Provisions Act, and the Perkins Act...
Oil and Natural Gas Pipelines: Role of the U.S. Army Corps of Engineers
Growth in North American crude oil and natural gas production has led to efforts to expand the domestic oil and natural gas pipeline network. Pipeline developers are required to obtain authorizations from the U.S. Army Corps of Engineers (Corps) before constructing certain pipeline segments. Under the agency’s regulatory program, the Corps is responsible for authorizing activities that may affect federally regulated waters and wetlands. Under its civil works program, the agency is responsible for approving activities that cross or may affect Corps-managed lands and Corps water resource...
The Advanced Nuclear Production Tax Credit
The advanced nuclear production tax credit (PTC) (Internal Revenue Code (IRC) Section 45J) provides a 1.8 cent per kilowatt hour (kWh) tax credit for electricity sold that was produced at qualifying facilities. Criteria for qualifying facilities include that they must use nuclear reactor designs approved by the Nuclear Regulatory Commission after 1993, and must be placed in service by the end of 2020. Qualifying facilities can claim tax credits during the first eight years of production.
There are additional limitations associated with the provision. First, the credit is restricted to...
Agriculture and Related Agencies: FY2017 Appropriations
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA) except for the Forest Service. It also funds the Food and Drug Administration (FDA) and—in even-numbered fiscal years—the Commodity Futures Trading Commission (CFTC). (For CFTC, the Agriculture appropriations subcommittee has jurisdiction in the House but not in the Senate.)
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development, since mandatory amounts are generally set by authorizing laws such as the...
Qatar and its Neighbors: Disputes and Possible Implications
Qatar’s Neighbors Break Relations, Impose Sanctions
On June 5, the governments of Saudi Arabia, the United Arab Emirates (UAE), Bahrain, and Egypt severed diplomatic relations with Qatar, moved to expel Qatari diplomats, recalled their ambassadors from the Qatari capital, Doha, and imposed limits on the entry and transit of Qatari nationals and vessels in their territories, waters, and airspace. Qataris currently in these countries were given 14 days to leave.
Qatar’s Foreign Ministry expressed “deep regret” at these steps, calling them “unjustified” and an attempt to impose...
Department of Housing and Urban Development (HUD): FY2017 Appropriations
Most of the funding for the activities of the Department of Housing and Urban Development (HUD) comes from discretionary appropriations provided each year in the annual appropriations acts, typically as a part of the Transportation, HUD, and Related Agencies appropriations bill (THUD). HUD’s programs are primarily designed to address housing problems faced by households with very low incomes or other special housing needs. This report tracks FY2017 appropriations for the department.
Full-Year Appropriations: On May 5, 2017, the Consolidated Appropriations Act of 2017 was signed into law...
DOD Security Cooperation: Assessment, Monitoring, and Evaluation
Introduction
As part of recent efforts to modify existing security cooperation authorities, the FY2017 National Defense Authorization Act (NDAA) (P.L. 114-328) enacted several new provisions that modify the budgeting, execution, administration, and evaluation of Department of Defense (DOD) security cooperation programs and activities.
To date, the Department of Defense (DOD) has spent billions of dollars on efforts to train, equip, and otherwise support foreign military and security forces. In the 114th Congress, both the House and Senate Armed Services Committees examined various aspects...
Energy and Water Development: FY2017 Appropriations
The Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers (Corps), the Department of the Interior’s Bureau of Reclamation (Reclamation) and Central Utah Project (CUP), and the Department of Energy (DOE), as well as the Nuclear Regulatory Commission (NRC) and several other independent agencies. DOE typically accounts for about 80% of the bill’s total funding.
FY2017 funding for energy and water development programs was provided by Division D of the Consolidated Appropriations Act, 2017 (P.L. 115-31), an omnibus funding...
U.S. Beef: It’s What’s for China
In June 2017 the U.S. Department of Agriculture (USDA) announced that the United States and China had reached an agreement resolving technical issues that would allow U.S. beef exports to China to resume, thus resolving a long-standing dispute between the two countries. China had banned imports of U.S. beef immediately after bovine spongiform encephalopathy (BSE) was discovered in the United States in December 2003. In 2006, China unilaterally announced that it would lift its ban on some U.S. beef products contingent on certain age requirements and the removal of specified risk material...
The North American Free Trade Agreement (NAFTA) and U.S. Agriculture
The North American Free Trade Agreement (NAFTA) entered into force on January 1, 1994, establishing a free trade area as part of a comprehensive economic and trade agreement among the United States, Canada, and Mexico. President Trump has repeatedly stated that he intends to either renegotiate or withdraw from NAFTA. In May 2017, the U.S. Trade Representative (USTR) formally notified Congress of the Administration’s intent to renegotiate NAFTA. Reactions to the announcement have been mixed, with some industries supporting NAFTA “modernization” as a way to address a range of trade concerns,...
Cuba: President Trump Partially Rolls Back Obama Engagement Policy
On June 16, 2017, President Trump unveiled his Administration’s policy on Cuba, which partially rolls back some of the Obama Administration’s efforts to normalize relations with Cuba. President Trump set forth his Administration’s policy in a speech in Miami, FL, where he signed a national security presidential memorandum on Cuba replacing President Obama’s October 2016 presidential policy directive, which had laid out objectives for the normalization process. The new policy leaves most of the Obama-era policy changes in place, including the reestablishment of diplomatic relations and a...
FY2016 State Grants Under Title I-A of the Elementary and Secondary Education Act (ESEA)
The Elementary and Secondary Education Act (ESEA) was comprehensively reauthorized by the Every Student Succeeds Act (ESSA; P.L. 114-95) on December 10, 2015. The Title I-A program is the largest grant program authorized under the ESEA and was funded at $14.9 billion for FY2016. It is designed to provide supplementary educational and related services to low-achieving and other students attending elementary and secondary schools with relatively high concentrations of students from low-income families.
Under current law, the U.S. Department of Education (ED) determines Title I-A grants to...
Out of Breath: Military Aircraft Oxygen Issues
The Air Force recently grounded some of its newest aircraft, F-35A strike fighters, due to incidents in which pilots became physiologically impaired with symptoms of oxygen deficiency while flying. Although the root cause of the F-35 incidents has not yet been established, the grounding has renewed attention on hypoxia, a physical condition caused by oxygen deficiency that may result in temporary cognitive and physiological impairment and possible loss of consciousness. Hypoxia has affected pilots of F-22, F/A-18, and T-45 aircraft in recent years.
Military aircraft (and jet aircraft...
Reception and Placement of Refugees in the United States
The U.S. Refugee Admissions Program (USRAP), which is managed by the Department of State (DOS), resettles refugees from around the world in the United States. Once a refugee case is approved for U.S. resettlement, the USRAP determines where in the country the refugee(s) will be resettled. This determination is made through DOS’s Reception and Placement Program (R&P), which provides initial resettlement services to arriving refugees. R&P initial resettlement assistance is separate from longer-term resettlement assistance provided through the Department of Health and Human Services’ (HHS)...
India-U.S. Relations: Issues for Congress
India will soon be the world’s most populous country, home to about one of every six people. Many factors combine to infuse India’s government and people with “great power” aspirations: the Asian giant’s rich civilization and history, expanding strategic horizons, energetic global and international engagement, critical geography (with more than 9,000 total miles of land borders, many of them disputed) astride vital sea and energy lanes, major economy (at times the world’s fastest growing) with a rising middle class and an attendant boost in defense and power projection capabilities...
Office of Government Ethics: Role in Collecting and Making Ethics Waivers Public
On April 28, 2017, the Office of Government Ethics (OGE) issued a program advisory (PA-17-02) to request data on the issuance of certain waivers and authorizations from executive branch agencies, including the Executive Office of the President (EOP). OGE requested documentation for all waivers given to executive branch appointees between May 1, 2016, and April 30, 2017, under five authorities: Executive Order (E.O.) 13770, E.O. 13490, 18 U.S.C. §208(b)(1), 5 C.F.R. §2635.502(d), and 5 C.F.R. §2635.503(c). The data were due to OGE by June 1, 2017. One hundred thirty five of 136 executive...
Paris Agreement: U.S. Climate Finance Commitments
The United States and other industrialized countries have committed to providing financial assistance for global environmental initiatives, including climate change, through a variety of multilateral agreements. The United Nations Framework Convention on Climate Change (UNFCCC, 1992, U.S. Treaty Number: 102-38) was the first international treaty to acknowledge and address human-driven climate change. Among other obligations, the Convention commits higher-income parties (i.e., those listed in Annex II of the convention, which were members of the Organization for Economic Cooperation and...
Argentina: Background and U.S. Relations
Argentina, a South American country with a population of almost 44 million, has had a vibrant democratic tradition since its military relinquished power in 1983. Current President Mauricio Macri—the leader of the center-right Republican Proposal and the candidate of the Let’s Change coalition representing center-right and center-left parties—won the 2015 presidential race. He succeeded two-term President Cristina Fernández de Kirchner, from the center-left faction of the Peronist party known as the Front for Victory, who in turn had succeeded her husband, Néstor Kirchner, in 2007. Macri’s...
First Treasury Report on Regulatory Relief: Depository Institutions
On June 12, 2017, the Department of the Treasury issued a report, A Financial System That Creates Economic Opportunities: Banks and Credit Unions, which examines the regulation of banks and credit unions. The Treasury stated it would be the first in a series of reports written in accordance with Executive Order (E.O.) 13772 issued by President Donald Trump on February 3, 2017. E.O. 13772 identified “Core Principles” that should be adhered to in financial regulation and directed the Secretary of the Treasury to report on “the extent to which ... Government policies promote the Core...
Dakota Access Pipeline: Siting Controversy
Background Recent growth of domestic crude oil production has resulted in an unprecedented expansion of the United States’ oil pipeline network. One major oil pipeline recently constructed is the Dakota Access Pipeline, a 30-inch diameter, 1,172-mile project that carries crude oil produced in northwest North Dakota to southern Illinois (Figure 1). The Dakota Access Pipeline’s maximum capacity is 570,000 barrels per day. Figure 1. Dakota Access Pipeline Route / Source: CRS using data from Platts PowerMap 2016, and Esri Data and Maps 2014. Siting Approval The federal government does not have...
Finding Quotes for Speeches: Fact Sheet
A well-chosen quote can strengthen a speech by emphasizing and reinforcing a point, tapping into the audience’s memories and associations, and bolstering the speaker’s credibility. The right quote can capture the listener’s attention, add poignancy, and infuse drama or poetic flair.
The following resources will help the user find quotes for speeches and other communications. The resources are divided into three categories: General Quotations, Americana, and Religion. There is some overlap among the categories.
Congressional staffers who need assistance finding or verifying a quote, or who...
Violence Against Members of Congress and Their Staff: A Brief Overview
Questions about the personal security and safety of Members of Congress and their staffs are of enduring concern for the House, Senate, and the United States Capitol Police (USCP). Broader interest in the media and among the public arises in the aftermath of an incident such as the June 14, 2017, attack on at least 17 Members of Congress, several staff, USCP officers, and members of the public in Alexandria, Virginia. In that incident, a Member was critically wounded, and others, including another Member, a congressional staffer, USCP officers, and a member of the public were injured...
Defining Readiness: Background and Issues for Congress
Many defense observers and government officials, including some Members of Congress, are concerned that the U.S. military faces a readiness crisis. The Department of Defense has used readiness as a central justification for its FY2017 and FY2018 funding requests. Yet what makes the U.S. military ready is debated.
This report explains how differing uses of the term readiness cloud the debate on whether a readiness crisis exists and, if so, what funding effort would best address it.
CRS has identified two principal uses of the term readiness. One, readiness is used in a broad sense to...
Financial Regulatory Relief: Approaches for Congress, Regulators, and the Administration
The 2007-2009 financial crisis led to significant changes in financial regulation, but critics argue that the burden these changes have imposed now exceeds their benefits. Congress and the Administration are considering financial regulatory relief from various postcrisis regulatory changes, including the Dodd-Frank Act (P.L. 111-203). This report provides an overview of the options available to pursue that goal.
Approaches for Congress
Congress can mandate that regulators provide relief through legislation. Most relief legislation likely would follow the normal legislative process. For...
United Kingdom Election Result
The United Kingdom (UK) election of June 8, 2017, resulted in a hung parliament, an outcome in which no single party won a majority of seats in the 650-seat House of Commons. With 318 seats, the Conservative Party came in first place but lost the majority it had held after winning 331 seats in the 2015 election. The Labour Party came in second place, outperforming most expectations by winning 262 seats, a gain of 30.
Conservative-Led Minority Government Expected to Carry On
The Conservative Party currently is expected to continue leading the UK government, with Prime Minister Theresa May...
The President’s FY2018 Budget Request for the National Science Foundation
The Trump Administration released the FY2018 Budget Request to Congress for the National Science Foundation (NSF) on May 23, 2017, proposing significant funding reductions across the agency’s major research, education, and construction accounts. Overall, the request includes $6.653 billion for NSF, $819 million (11%) below the FY2017 enacted amount of $7.472 billion (P.L. 115-31). If funded at the requested level, NSF appropriations would be the lowest since FY2002 in inflation-adjusted (constant) dollars (Figure 1). Ultimately, Congress will determine FY2018 appropriations levels and may...
Social Security Administration (SSA): FY2017 Appropriations and Recent Trends
The Social Security Administration (SSA) is responsible for administering a number of federal entitlement programs that provide income support (cash benefits) to qualified individuals. These programs are Old-Age, Survivors, and Disability Insurance (OASDI), commonly known as Social Security; Supplemental Security Income (SSI) for the Aged, Blind, and Disabled; and Special Benefits for Certain World War II Veterans. In FY2017, SSA’s programs are projected to pay a combined $1 trillion in federal benefits to an estimated 68.4 million individuals. The cost to administer these programs is...
Short-Term, Small-Dollar Lending: Policy Issues and Implications
Short-term, small-dollar loans are consumer loans with relatively low initial principal amounts (often less than $1,000) with relatively short repayment periods (generally for a small number of weeks or months). Short-term, small-dollar loan products are frequently used to cover cash-flow shortages that may occur due to unexpected expenses or periods of inadequate income. Small-dollar loans can be offered in various forms and by various types of lenders. Banks and credit unions (depositories) can make small-dollar loans through financial products such as credit cards, credit card cash...
Legislative Branch: FY2017 Appropriations
The legislative branch appropriations bill provides funding for the Senate; House of Representatives; Joint Items; Capitol Police; Office of Compliance; Congressional Budget Office (CBO); Architect of the Capitol (AOC); Library of Congress (LOC), including the Congressional Research Service (CRS); Government Publishing Office (GPO); Government Accountability Office (GAO); Open World Leadership Center; and the John C. Stennis Center.
The FY2017 legislative branch budget request of $4.659 billion was submitted on February 9, 2016. By law, the President includes the legislative branch...
The Financial CHOICE Act (H.R. 10) and the Dodd-Frank Act
Representative Jeb Hensarling, chairman of the House Committee on Financial Services, introduced the Financial CHOICE Act of 2017 (H.R. 10) on April 26, 2017. H.R. 10 was passed by the House on June 8, 2017. The bill as passed is a wide-ranging proposal with 12 titles that would alter many parts of the financial regulatory system. H.R. 10 is similar to, but has several major differences from, H.R. 5983 from the 114th Congress (called the Financial CHOICE Act of 2016).
The next section highlights major proposals included in the bill, as passed. It is not a comprehensive summary. For a more...
Financial Services and General Government (FSGG) FY2017 Appropriations: Overview
The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and more than two dozen independent agencies. The House and Senate FSGG bills fund the same agencies, with one exception. The Commodity Futures Trading Commission (CFTC) is funded through the Agriculture appropriations bill in the House and the FSGG bill in the Senate. This structure has existed since the 2007 reorganization of the House and Senate Committees on Appropriations.
On...
FY2018 Defense Budget Request: The Basics
The President’s FY2018 budget request includes $677.1 billion for national defense (budget function 050), of which $646.9 billon is allocated for the DOD (budget subfunction 051). The funding request for national defense discretionary spending ($602.9 billion) is $54 billion—or 9%—above the FY2018 limit imposed on discretionary defense spending by the Budget Control Act of 2011 (BCA/P.L. 112-25).
Of the DOD total, $574.5 billion covers the base, discretionary spending. An additional $64.6 billion of the DOD total is to support Overseas Contingency Operations (OCO). These operations include...
What is the Proposed U.S.-EU Insurance Covered Agreement?
On January 13, 2017, the United States and European Union (EU) concluded negotiations on the first insurance covered agreement. A covered agreement is a relatively new form of international agreement, established along with the Federal Insurance Office (FIO) in Title V of the Dodd-Frank Act (P.L. 111-203). The statute defines a covered agreement as a type of international insurance or reinsurance agreement for recognition of prudential measures that FIO and the United States Trade Representative (USTR) negotiate on a bilateral or multilateral basis. After such an agreement, FIO has...
The ACA Prevention and Public Health Fund: In Brief
SUPPRESS: Section 4002 of the Affordable Care Act (ACA, P.L. 111-148, as amended), Prevention and Public Health Fund (PPHF) a permanent annual appropriation to be administered by the Secretary of Health and Human Services (HHS). PPHF was intended to support an “expanded and sustained national investment in prevention and public health programs.” (42 U.S.C. 300u-11)
PPHF amounts for each fiscal year are available to the Secretary of HHS beginning October 1, the start of the respective fiscal year. Congress may explicitly direct the distribution of PPHF funds, and did so for FY2014 through...
European Security and Islamist Terrorism
The June 3, 2017, attack in London—in which 8 people were killed and nearly 50 injured—was the third terrorist incident in the United Kingdom in the past few months. Five people were killed outside the UK parliament in March in a similar car and knife attack, and in May, a suicide bomber killed 22 people and wounded 116 at a music concert in Manchester. These incidents are among a string of terrorist attacks in Europe connected to or inspired by violent Islamist extremism, with many since 2014 linked to the Islamic State group (also known as ISIS or ISIL). (For more information, see CRS In...
U.S. Foreign Aid to the Middle East and North Africa: The President’s FY2018 Request
As the largest regional recipient of U.S. economic and security assistance, the Middle East and North Africa (MENA) region is perennially a major focus for Congress. Figure 1. FY2018 Foreign Operations Request, by Region / Source: Data for this figure is from FY2018 budget roll-out documents provided by the State Department. It does not include administrative funds, MCC, humanitarian assistance, or food aid. Note: WH = Western Hemisphere; SCA = South Central Asia; EE = Europe and Eurasia; EAP = East Asia and Pacific. For FY2018, the Trump Administration proposes to cut 12% of overall...
Quorum Requirements in the Senate: Committee and Chamber
Quorum Requirements in Committee. Senate Rule XXVI establishes minimum quorum requirements for four areas of committee activity. These are listed in the following table.
Child Welfare Funding in Brief: FY2017 Final Funding and the President’s FY2018 Request
Child welfare; President’s FY2018 budget; final FY2017 appropriations; H.R. 244, P.L. 115-31; Title IV-E, foster care, kinship guardianship assistance, adoption assistance; Title IV-B, Child Welfare Services, Promoting Safe and Stable Families (PSSF), Court Improvement Program (CIP), Regional Partnership Grants (RPG); Child Abuse Prevention and Treatment Act (CAPTA); Adoption Opportunities; Adoption and Legal Guardianship Incentive Payments; Chafee Foster Care Independence Program (CFCIP), Educational and Training Vouchers (ETVs), Victims of Child Abuse Act, Court Appointed Special...
Two Different Budget Requests for CFTC?
The Trump Administration released its first full budget request on May 23, 2017, for FY2018. Like other recent presidential budget requests, it includes an Appendix chapter for independent agencies such as the Commodity Futures Trading Commission (CFTC). Notably, the Trump Administration’s budget request for CFTC does not equal the amount requested directly by the agency in its budget justification submitted to Congress. Specifically:
The Trump Administration’s FY2018 request for CFTC is $250 million.
CFTC’s Budget Justification submitted to Congress...
Implementation of Toxic Substances Control Act (TSCA) Amendments (P.L. 114-182)
Since President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (P.L. 114-182) on June 22, 2016, the U.S. Environmental Protection Agency (EPA) has been implementing the act’s amendments to Title I of the Toxic Substances Control Act (TSCA; 15 U.S.C. 2601-2629). TSCA as amended establishes a framework to identify commercial chemicals that present unreasonable risks and to regulate the product life cycle of a chemical (i.e., manufacture or importation, processing, distribution, use, and disposal) so that it no longer presents unreasonable risk. Nearly one year...
Federal Research and Development Funding: FY2017
President Obama’s budget request for FY2017 included $152.333 billion for research and development (R&D), an increase of $6.195 billion (4.2%) over the estimated FY2016 enacted R&D funding level of $146.138 billion.
Funding for R&D is concentrated in a few departments and agencies. Under President Obama’s FY2017 budget request, seven federal agencies would have received 95.6% of total federal R&D funding, with the Department of Defense (47.8%) and the Department of Health and Human Services (21.5%) accounting for nearly 70% of all federal R&D funding.
In dollars, the largest increases in...
Treasury Department Appropriations, FY2017
At its most basic level of organization, the Treasury Department is a collection of departmental offices and operating bureaus. The bureaus as a whole typically account for 95% of Treasury’s budget and workforce. Most bureaus and offices are funded through annual appropriations.
Treasury appropriations are distributed among 12 accounts in FY2017: (1) Departmental Offices (DO), (2) Office of Terrorism and Financial Intelligence (TFI), (3) Cybersecurity Enhancement Account (CEA), (4) Department-wide Systems and Capital Investments Program (DSCIP), (5) Office of Inspector General (OIG), (6)...
The President’s FY2018 Budget Request for the Department of Energy
Overview
The President’s fiscal year (FY) 2018 budget request, Budget of the U.S. Government: A New Foundation for American Greatness, includes $28.0 billion for the Department of Energy (DOE), $2.7 billion (8.8%) less than the FY2017 enacted appropriations of $30.7 billion (see P.L. 115-31 and Division D Explanatory Statement). While this request would reduce the total budget for DOE, it would increase overall funding for the National Nuclear Security Administration (NNSA) and increase funding for cleanup programs within the Office of Environmental Management. The request would reduce...
Ransomware Attacks Renew Focus on HIPAA Security Standards
Health care facilities increasingly are coming under cyberattack. This trend has raised concerns about the vulnerability of electronic health information, which often includes multiple personal identifiers. These can be used by hackers to create false identities for illegal purposes such as creating fraudulent insurance claims.
But health care cybersecurity involves more than just safeguarding patient data from identity theft. Hackers are now using ransomware to attack hospitals and other health care facilities in an effort to extort money by disrupting their operations.
Ransomware is a...
Department of Housing and Urban Development (HUD): FY2018 Budget Request Fact Sheet
Overview of FY2018 President’s Budget request for the Department of Housing and Urban Development (HUD).
The President’s FY2018 Budget Request for Agriculture Appropriations and the Farm Bill
Background
The Trump Administration released its first full budget request on May 23, 2017. It proposes specific amounts for the FY2018 Agriculture appropriation as well as legislative changes to various mandatory spending programs, including those in the farm bill.
The Administration’s budget outline, released on March 16, 2017, proposed an overall 21% reduction for the U.S. Department of Agriculture, and it mentioned seven specific discretionary programs for elimination or reduction. It did not address any mandatory spending proposals. (See CRS Insight IN10675, The President’s FY2018...
Malawi: Key Developments and U.S. Relations
Malawi is a poor, landlocked country in southeastern Africa. A former British colony, Malawi transitioned from one-party rule to a democratic system in the early 1990s. It has since held a series of multi-party elections—though the most recent polls, held in 2014, featured some logistical shortcomings, limited violence, and a number of controversies, including a failed attempt by then-incumbent President Joyce Banda to annul the election. The race was ultimately won by Peter Mutharika, whose brother, Bingu wa Mutharika, served as president from 2004 until his death in 2012, when he was...
SAMHSA FY2018 Budget Request and Funding History: A Fact Sheet
The Substance Abuse and Mental Health Services Administration (SAMHSA), at the U.S. Department of Health and Human Services (HHS), is the lead federal agency for increasing access to behavioral health services. SAMHSA supports community-based mental health and substance abuse treatment and prevention services through formula grants to the states and U.S. territories and through competitive grant programs to states, territories, tribal organizations, local communities, and private entities. SAMHSA also engages in a range of other activities, such as technical assistance, data collection,...
Burma’s Second 21st Century Panglong Peace Conference
Burma’s second “21st Century Panglong Peace Conference,” held in Burma’s capital, Naypiytaw, on May 24-29, 2017, adjourned with mixed results. Some observers had hoped the conference could make significant progress toward ending Burma’s six-decade long, low-grade civil war. While it succeeded in bringing new ethnic armed organizations (EAOs) into the discussions, some EAOs who had attended the first conference (held last autumn) did not participate. The NLD-led government, the Burmese military (or Tatmadaw), and the eight EAOs that signed the so-called “nationwide ceasefire agreement”...
Unique Identification Codes for Federal Contractors: DUNS Numbers and CAGE Codes
An essential element of the federal government’s acquisition system is the capability to identify the businesses, and other types of entities, that do work for the government. Accurate identification of potential contractors and incumbent contractors facilitates a host of procurement processes while contributing to the transparency of federal government procurement.
The federal government uses a proprietary system, Dun & Bradstreet’s (D&B’s) Data Universal Numbering System (DUNS), to uniquely identify the entities with which it does business. At no cost to the applicant, D&B assigns a DUNS...
U.S. Carbon Dioxide Emissions Trends and Projections: Role of the Clean Power Plan and Other Factors
Recent international negotiations and domestic policy developments have generated interest in current and projected U.S. greenhouse gas (GHG) emission levels. GHG emissions are generated throughout the United States from millions of discrete sources. Of the GHG source categories, carbon dioxide (CO2) emissions from fossil fuel combustion account for the largest percentage (77%) of total U.S. GHG emissions. The electric power sector contributes the second-largest percentage (35%) of CO2 emissions from fossil fuel combustion (1 percentage point behind the transportation sector).
In December...
FY2017 Appropriations for the Department of Justice Grant Programs
Each year Congress provides funding for a variety of grant programs through the Department of Justice (DOJ). These programs are used to fund state, local, and tribal governments and nonprofit organizations for a variety of criminal justice-related purposes, such as efforts to combat violence against women, reduce backlogs of DNA evidence, support community policing, assist crime victims, promote prisoner reentry, and improve the functioning of the juvenile justice system. Congress funds these programs through five accounts in the annual Commerce, Justice, Science, and Related Agencies...
FY2017 Appropriations for the Department of Justice
The Department of Justice (DOJ) was established in 1870 with the Attorney General as its leader. Since its creation, DOJ has grown to add additional agencies, components, offices, boards, and divisions. DOJ, along with the judicial branch, operates the federal criminal justice system. Today, the department enforces federal criminal and civil laws, including antitrust, civil rights, environmental, and tax laws. DOJ, through agencies such as the Federal Bureau of Investigation (FBI); the Drug Enforcement Administration (DEA); and the Bureau of Alcohol, Tobacco, Firearms, and Explosives...
Congress enacted the President John F. Kennedy Assassination Records Collection Act of 1992 (JFK Records Act), as amended, to bring together all materials related to the November 22, 1963, assassination of the 35th President that were created or held by a government office, and to house those records in a single collection in the National Archives and Records Administration (NARA). Today, NARA reports that there are 268,116 records comprising more than 5 million pages of paper documents in the President John F. Kennedy Assassination Records Collection. Of those, NARA states that...
East Asia’s Foreign Exchange Rate Policies
According to the International Monetary Fund (IMF), monetary authorities in East Asia (including Southeast Asia) have adopted a variety of foreign exchange rate policies, varying from Hong Kong’s currency board system which links the Hong Kong dollar to the U.S. dollar, to the “independently floating” exchange rates of Japan, the Philippines, and South Korea. Most Asian monetary authorities have adopted “managed floats” that allow their currency to fluctuate within a limited range over time as part of a larger economic policy. Regardless of their exchange rate policies, monetary...
H.R. 1628: The American Health Care Act (AHCA)
In January 2017, the House and Senate adopted a budget resolution for FY2017 (S.Con.Res. 3), which reflects an agreement between the chambers on the budget for FY2017 and sets forth budgetary levels for FY2018-FY2026. S.Con.Res. 3 also includes reconciliation instructions directing specific committees to develop and report legislation that would change laws within their respective jurisdictions to reduce the deficit. These instructions trigger the budget reconciliation process, which may allow certain legislation to be considered under expedited procedures. The reconciliation instructions...
State, Foreign Operations and Related Programs: FY2017 Budget and Appropriations
On May 5, 2017, President Trump signed the Consolidated Appropriations Act, 2017, into law (P.L. 115-31). The law sets funding for the Department of State, Foreign Operations, and Related Programs (SFOPS) at $57.53 billion for the FY2017 full-year. This level represents an increase of 8.8% above the estimated FY2016 funding level, all due to a 40% increase in Overseas Contingency Operations (OCO) funds.
More than a year ago, on February 9, 2016, the Obama Administration submitted to Congress its original FY2017 budget request for SFOPS totaling $52.78 billion (-0.1% compared with the...
Overview of FY2017 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)
This report describes actions taken by the Administration and Congress to provide FY2017 appropriations for the Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of FY2016 appropriations for agencies and bureaus funded as part of annual CJS appropriations.
Division B of the Consolidated Appropriations Act, 2016 (P.L. 114-113), provided $66.000 billion for CJS, which included $9.246 billion for the Department of Commerce, $29.090 billion for the Department of Justice (DOJ), $26.754 billion for the science agencies, and $910 million for the related...
President’s FY2018 Budget Proposes Cuts in Public Health Service (PHS) Agency Funding
The President’s FY2018 budget proposes significant reductions in funding for the Public Health Service (PHS) agencies within the Department of Health and Human Services. The budget reflects the PHS agency funding priorities outlined in the budget blueprint released in March. Among other things, the President’s budget would cut funding for medical research, public health prevention programs, and mental health services.
The proposed cuts are to discretionary funding, which is controlled through the annual appropriations process. PHS agencies also receive funding from various mandatory...
The North American Free Trade Agreement (NAFTA)
The North American Free Trade Agreement (NAFTA) entered into force on January 1, 1994. The agreement was signed by President George H. W. Bush on December 17, 1992, and approved by Congress on November 20, 1993. The NAFTA Implementation Act was signed into law by President William J. Clinton on December 8, 1993 (P.L. 103-182). The overall economic impact of NAFTA is difficult to measure since trade and investment trends are influenced by numerous other economic variables, such as economic growth, inflation, and currency fluctuations. The agreement likely accelerated and also locked in...
Selected Federal Water Activities: Agencies, Authorities, and Congressional Committees
Congress addresses numerous issues related to the nation’s water resources annually, and over time it has enacted hundreds of water-related federal laws. These laws—many of which are independent statutes—have been enacted at different points in the nation’s history and during various economic climates. They were developed by multiple congressional committees with varying jurisdictions. Such committees are involved in legislating, funding, and overseeing the water-related activities of numerous federal agencies. These activities include responding to natural disasters such as droughts and...
Tracking the Next Child Nutrition Reauthorization: An Overview
The “child nutrition programs” (National School Lunch Program [NSLP] and certain other institutional food service programs) and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) were last reauthorized by the Healthy, Hunger-Free Kids Act of 2010 (HHFKA, P.L. 111-296). Some of the authorities created or extended in the last reauthorization law expired on September 30, 2015, but the vast majority of operations and activities continue because appropriations laws continued funding.
In the 114th Congress, both committees of jurisdiction—the Senate Committee on...
The United States Withdraws from the TPP
On January 23, President Trump directed the United States Trade Representative (USTR) to withdraw the United States as a signatory to the Trans-Pacific Partnership (TPP) agreement; the acting USTR gave notification to that effect on January 30. The TPP is a proposed free trade agreement (FTA), signed by the United States and 11 Asia-Pacific countries on February 4, 2016. The agreement requires ratification by the member countries before it can become effective. Implementing legislation, the vehicle for U.S. ratification, was not submitted by the President or considered by Congress, in part...
Election and Implications
Iranians went to the polls on May 19, 2017, to vote for president and municipal officials countrywide amid tensions between Iran and the United States. With a 73% turnout of eligible voters, Iran’s Interior Ministry declared the incumbent President Hassan Rouhani the winner late on May 19, winning 57% of the vote to that of his strongest competitor, Ibrahim Raisi, who garnered 38% of the vote. Remaining candidates and invalid votes accounted for the remainder.
In 2013, Rouhani received 50.7% of the votes, narrowly avoiding a run-off in a divided field that...
North American Free Trade Agreement: Notification for Renegotiation
On May 18, 2017, the Trump Administration sent a 90-day notification to Congress of its intent to begin talks with Canada and Mexico to renegotiate the North American Free Trade Agreement (NAFTA) (see CRS In Focus IF10047, North American Free Trade Agreement (NAFTA)). Under U.S. Trade Promotion Authority (TPA) (P.L. 114-26), the President must consult with Congress before giving the required 90-day notice of his intention to start negotiations (see CRS In Focus IF10297, TPP-Trade Promotion Authority (TPA) Timeline). Newly confirmed U.S. Trade Representative (USTR), Ambassador Robert...
The National Telecommunications and Information Administration (NTIA), an agency of the Department of Commerce, is the executive branch’s principal advisory office on domestic and international telecommunications and information policies. Its statutory mission includes providing greater access for all Americans to telecommunications services; supporting U.S. efforts to open foreign markets; advising the President on international telecommunications negotiations; and funding research for new technologies and their applications. It is also responsible for managing spectrum use by federal...
NATO Funding and Burdensharing
President Donald Trump is scheduled to meet with NATO heads of state and government in Brussels on May 25, 2017. This will be the President’s first collective meeting with his counterparts from NATO’s other 27 member states. President Trump is expected to continue to strongly urge NATO members to increase defense spending and enhance military capabilities.
For numerous reasons—not least the United States’ status as the world’s preeminent military power—U.S. defense spending levels long have been significantly higher than those of any other NATO ally. Since NATO’s founding, successive U.S....
Additional Troops for Afghanistan? Considerations for Congress
The Trump Administration is reportedly considering proposals to deploy additional ground forces to Afghanistan and somewhat broaden their mission. These forces would likely be part of the Resolute Support Mission (RSM), the ongoing NATO mission to train and support Afghan security forces. In testimony before the Senate Armed Services Committee on February 9, 2017, General John Nicholson, Commander U.S. Forces–Afghanistan, noted based on a mission review that he had adequate forces for the U.S. counterterrorism mission but there was “a shortfall of a few thousand troops” for RSM if a...
Federal Health Centers: An Overview
The federal Health Center Program is authorized in Section 330 of the Public Health Service Act (PHSA) (42 U.S.C. §254b) and administered by the Health Resources and Services Administration (HRSA) within the Department of Health and Human Services. The program awards grants to support outpatient primary care facilities that provide care to primarily low-income individuals or individuals located in areas with few health care providers.
Federal health centers are required to provide health care to all individuals, regardless of their ability to pay, and to be located in geographic areas with...
Reid Vapor Pressure Requirements for Ethanol
Legislation has been introduced in Congress (H.R. 1311, S. 517) that would give ethanol-gasoline fuel blends containing greater than 10% ethanol (e.g., E15, an ethanol-gasoline fuel blend of 15% ethanol and 85% gasoline) a waiver from the Clean Air Act (CAA) requirement that gasoline meet strict limits on volatility. At present, E15 cannot be sold during summer months because it does not meet the Reid Vapor Pressure (RVP) requirements for the summer ozone season (generally June 1-September 15). This waiver could be a favorable development to some stakeholders that want increased market...
Enrollment of Legislation: Relevant Congressional Procedures
An enrolled bill or resolution is the form of a measure finally agreed to by both chambers of Congress. Enrollment occurs in the chamber where the measure originated and is carried out by enrolling clerks under the supervision of the Clerk of the House of Representatives and Secretary of the Senate. Enrolled bills and joint resolutions are signed by the presiding officers of each chamber (or their designees) and are presented to the President by the House Clerk or Secretary of the Senate, depending on the chamber of origination.
In instances in which Congress determines that the enrolled...
The 2006 U.S.-Canada Softwood Lumber Trade Agreement (SLA): In Brief
Softwood lumber imports from Canada have been a persistent concern to Congress for decades. Canada is an important trading partner, but lumber production is a significant industry in many states, and the U.S. lumber producers are a powerful economic influence. U.S. lumber producers claim that they are at an unfair competitive disadvantage in the domestic market against Canadian lumber producers because of Canada’s timber pricing policies. This has resulted in five major disputes (so-called “lumber wars”) between the United States and Canada since the 1980s.
Tension between the United...
Fact Sheet: FY2017 National Defense Authorization Act (NDAA) DOD Reform Proposals
This fact sheet offers Members a side-by-side comparison of key Department of Defense (DOD) reform proposals that were considered during the FY2017 National Defense Authorization Act debates, along with proposals that were eventually enacted. As such, it includes key provisions incorporated in H.R. 4909, the FY2017 National Defense Authorization Act (NDAA) reported by the House Armed Services Committee on May 4, 2016 (H.Rept. 114-537); S. 2943, the FY2017 National Defense Authorization Act reported by the Senate Armed Services Committee on May 18, 2016 (S.Rept. 114-255); and S. 2943, the...
Buying American: Protecting U.S. Manufacturing Through the Berry and Kissell Amendments
The Berry and Kissell Amendments are two separate but closely related laws requiring that certain goods purchased by national security agencies be produced in the United States.
The Berry Amendment (10 U.S.C. §2533a) is the popular name for a law requiring textiles, clothing, food, and hand or measuring tools purchased by the Department of Defense (DOD) to be grown, reprocessed, reused, or produced wholly in the United States. Congress over the decades has varied the list of products covered by the law. Under the Kissell Amendment (6 U.S.C. §453b), textile, apparel, and footwear products...
Malaysia: Background and U.S. Relations
Malaysia, an ethnically diverse majority Muslim nation in Southeast Asia, has long been a partner in U.S. security and economic initiatives in the region, although political sensitivities in Malaysia have constrained both sides from forging deeper ties. Bilateral relations have improved over the past decade. Prime Minister Najib Razak, who came to power in 2009, made relations with the United States a priority early in his administration. More recently he has moved to deepen trade and economic ties with China. Congress has shown interest in a variety of issues in U.S.-Malaysia relations...
A Little Old, a Little New: The Cybersecurity Executive Order
The President signed Executive Order 13800 (EO) on May 11, 2017, titled “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.” Combined with the President’s budget blueprint and recent EO establishing the American Technology Council, these documents lay out the Administration’s policy agenda concerning national cybersecurity—which to date focuses on improving federal information technology (IT) systems. The proposals contained in the EO echo proposals from the previous Administration and recent legislative activity.
Federal Network Cybersecurity
The new EO...
Recent debates about federal funding for the Planned Parenthood Federation of America (PPFA) and its affiliated health centers (PPAHCs) have raised questions about the services that PPAHCs provide and the availability of alternative facilities to provide similar services to disadvantaged populations. This report provides background information and data that may be useful for policymakers evaluating these recent debates. Although a number of other facility types could potentially provide similar services as PPAHCs, this report focuses on federally qualified health centers (FQHCs)—a term...
The National Science Foundation: FY2017 Appropriations and Funding History
The National Science Foundation (NSF) supports both basic research and education in the non-medical sciences and engineering. NSF is a major source of federal support for U.S. university research, especially in certain fields such as mathematics and computer science. It is also responsible for significant shares of the federal science, technology, engineering, and mathematics (STEM) education program portfolio and federal STEM student aid and support.
Overall, the Obama Administration sought $7.964 billion for NSF in FY2017, a $501 million (6.7%) increase over the FY2016 estimate of $7.463...
Senate Unanimous Consent Agreements: Potential Effects on the Amendment Process
The Senate frequently enters into unanimous consent agreements (also called “UC agreements”) that establish procedure on a bill that the Senate is considering or will soon consider. There are few restrictions on what these agreements can provide, and once agreed to, they can be altered only by a further unanimous consent action. In recent practice, the Senate often begins by adopting a general UC agreement, then adds elements in piecemeal fashion as debate continues. UC agreements often contain provisions affecting the floor amending process, most often in one or more of the ways detailed below.
Presidential Transitions: Issues Involving Outgoing and Incoming Administrations
The crux of a presidential transition is the transfer of executive power from the incumbent to the President-elect. Yet the transition process encompasses a host of activities, beginning with pre-election planning and continuing through inauguration day. The process ensures that the federal government provides resources to presidential candidates’ transition teams, and, eventually, the President-elect’s team; and includes close coordination between the outgoing and incoming Administrations. The Presidential Transition Act (PTA) of 1963, as amended, established formal mechanisms to...
OPEC and Non-OPEC Crude Oil Production Agreement: Compliance Status
Founded in 1960 by Iran, Iraq, Kuwait, Saudi Arabia, and Venezuela, the Organization of the Petroleum Exporting Countries (OPEC) currently has 13 member countries that represent approximately 40% of global oil (e.g., crude oil, condensate, natural gas liquids) production. OPEC can influence global oil prices through coordinated production decisions that can impact the global oil market supply and demand balance. Additionally, through statements and announcements, OPEC and member countries can affect oil market sentiment that can influence oil prices.
Oil supply decisions by OPEC and its...
Background and Federal Efforts on Summer Youth Employment
Labor force activity for youth ages 16 to 24 has been in decline since the late 1990s. This trend has been consistent even during the summer months, when youth are most likely to be engaged in work. Labor force data from the month of July highlight changes in summer employment over time. For example, the employment rate—known as the employment to population (E/P) ratio—for youth was 64.1% in July 1996 and 53.2% in July 2016. Congress has long been concerned about ensuring that young people have productive pathways to adulthood, particularly for those youth who are low-income and have...
The Speaker of the House: House Officer, Party Leader, and Representative
The Speaker of the House of Representatives is widely viewed as symbolizing the power and authority of the House. The Speaker’s most prominent role is that of presiding officer of the House. In this capacity, the Speaker is empowered by House rules to administer proceedings on the House floor, including recognition of Members to speak on the floor or make motions and appointment of Members to conference committees. The Speaker also oversees much of the nonlegislative business of the House, such as general control over the Hall of the House and the House side of the Capitol and service as...
Air Traffic Inc.: Considerations Regarding the Corporatization of Air Traffic Control
Over the past 40 years, Congress has intermittently considered proposals to establish a government corporation or private entity to carry out air traffic functions currently provided by the Federal Aviation Administration (FAA). While the issue had been relatively dormant since a proposal offered by the Clinton Administration in the 1990s failed to gain the support of Congress, interest reemerged following budget sequester-related funding cuts to FAA in FY2013. In the 114th Congress, the House Transportation and Infrastructure Committee ordered H.R. 4441, an FAA reauthorization bill that...
Regulation of Debit Interchange Fees
The United States has seen continued growth of electronic card payments (and a simultaneous decrease in check payments). From 2009 through 2012, debit card transactions have outpaced other payment forms. When a consumer uses a debit card in a transaction, the merchant pays a “swipe” fee, which is also known as the interchange fee. The interchange fee is paid to the card-issuing bank (i.e., the consumer’s bank that issued the debit card) as compensation for facilitating the transaction. Section 1075 of the Consumer Financial Protection Act of 2010 (or Title X of the Dodd-Frank Wall Street...
Judiciary Appropriations, FY2017
Funds for the judicial branch are included annually in the Financial Services and General Government (FSGG) Appropriations bill. The bill provides funding for the Supreme Court; the U.S. Court of Appeals for the Federal Circuit; the U.S. Court of International Trade; the U.S. Courts of Appeals and District Courts; Defender Services; Court Security; Fees of Jurors and Commissioners; the Administrative Office of the U.S. Courts; the Federal Judicial Center; the U.S. Sentencing Commission; and Judicial Retirement Funds.
The judiciary’s FY2017 budget request of $7.58 billion was submitted on...
The Electoral College: How It Works in Contemporary Presidential Elections
When Americans vote for a President and Vice President, they are actually choosing presidential electors, known collectively as the electoral college. It is these officials who choose the President and Vice President of the United States. The complex elements comprising the electoral college system are responsible for election of the President and Vice President.
The 2016 presidential contest was noteworthy for the first simultaneous occurrence in presidential election history of four rarely occurring electoral college eventualities. These included (1) the election of a President and Vice...
Congress’s contempt power is the means by which Congress responds to certain acts that in its view obstruct the legislative process. Contempt may be used either to coerce compliance, to punish the contemnor, and/or to remove the obstruction. Although arguably any action that directly obstructs the effort of Congress to exercise its constitutional powers may constitute a contempt, in recent times the contempt power has most often been employed in response to non-compliance with a duly issued congressional subpoena—whether in the form of a refusal to appear before a committee for purposes of...
Cost-Benefit Analysis and Financial Regulator Rulemaking
Cost-benefit analysis (CBA) in the federal rulemaking process is the systematic examination, estimation, and comparison of the potential economic costs and benefits resulting from the promulgation of a new rule. Agencies with rulemaking authority implement regulations that carry the force of law. While this system allows technical rules to be designed by experts that are to some degree insulated from political considerations, it also results in rules being implemented by executive branch staff that arguably are not directly accountable to the electorate.
One method for Congress to...
In 2016, the U.S. Environmental Protection Agency (EPA) and the Bureau of Land Management (BLM) promulgated separate regulations intended to control “methane emissions” at crude oil and natural gas production facilities. Some stakeholders have argued that the EPA and BLM rules are duplicative and outside of the agencies’ statutory authorities. The BLM rule was eligible for consideration under the Congressional Review Act, and on February 3, 2017, the House passed a joint resolution of disapproval (H.J.Res. 36) to repeal it. The Senate rejected the motion to proceed to H.J.Res. 36 on May...
Selected Homeland Security Issues in the 115th Congress
In 2001, in the wake of the terrorist attacks of September 11th, “homeland security” went from being a concept discussed among a relatively small cadre of policymakers and strategic thinkers to a broadly discussed issue among policymakers, including those in Congress. Debates over how to implement coordinated homeland security policy led to the passage of the Homeland Security Act of 2002 (P.L. 107-296) and the establishment of the Department of Homeland Security (DHS). Evolution of America’s response to terrorist threats has continued under the leadership of different Administrations,...
FY2017 Agriculture and Related Agencies Appropriations: In Brief
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA), except for the Forest Service. It also funds the Food and Drug Administration (FDA) and—in even-numbered fiscal years—the Commodity Futures Trading Commission (CFTC). (For CFTC, the Agriculture appropriations subcommittee has jurisdiction in the House but not in the Senate.)
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development, since mandatory amounts are generally set by authorizing laws such as the...
Administration of the William D. Ford Federal Direct Loan Program
The William D. Ford Federal Direct Loan (Direct Loan) program, authorized under Title IV, Part D of the Higher Education Act of 1965 (HEA), is the primary federal student loan program. It makes available loans to undergraduate and graduate students and the parents of dependent undergraduate students to help them finance postsecondary education expenses. As of the end of FY2016, there was approximately $949.1 billion in outstanding Direct Loan program loans. Direct Loan program administrative expenses totaled approximately $771 million in FY2016.
Under the Direct Loan program, the federal...
Congress is deeply divided over implementation of the Affordable Care Act (ACA), the health reform law enacted in March 2010. Since the ACA’s enactment, lawmakers opposed to specific provisions in the ACA or the entire law have repeatedly debated its implementation and considered bills to repeal, defund, delay, or otherwise amend the law.
In addition to considering ACA repeal or amendment in authorizing legislation, some lawmakers have used the annual appropriations process in an effort to eliminate funding for the ACA’s implementation and address other aspects of the law. ACA-related...
USDA Announces Plans to Modify School Meal Nutrition Standards: Background and Context
On May 1, Secretary of Agriculture Sonny Perdue announced that the U.S. Department of Agriculture (USDA) plans to make changes to nutrition standards for the National School Lunch Program and School Breakfast Program; he also signed a proclamation to this effect. The proclamation describes plans to relax whole grain, sodium, and milk requirements but does not mention changes to other aspects of the meals’ nutrition standards. The current standards were largely finalized via regulation in 2012 in accordance with the Healthy, Hunger-Free Kids Act of 2010 (P.L. 111-296) and were championed...
In late 2015, health officials in Brazil recognized a marked increase in the number of infants born with microcephaly (from Greek, meaning “small head”), a birth defect that may accompany significant, permanent brain damage. Although not conclusive, the increase in microcephaly is suspected to be related to the emergence of Zika virus infections in Brazil early in 2015.
Zika virus is related to the viruses that cause yellow fever, dengue, West Nile, and Japanese encephalitis viruses. Historically Zika virus was found in Africa. Since 2007, Zika transmission has also occurred in Southeast...
The Meaning of “Made in U.S.A.”
Numerous provisions in federal law are intended to support manufacturing in the United States. Almost without exception, these provisions define manufacturing as the process of physically transforming goods. Physical transformation involves what might be thought of as traditional manufacturing activities such as molding, cutting, and assembly. These laws establish a variety of potential benefits, preferences, or penalties based on the country in which physical transformation occurs. On April 18, 2017, President Trump issued an executive order directing federal agencies to ensure that...
Southeast Asia is home to more than 625 million people and around 15% of the world’s Muslim population. The region has faced the threat of terrorism for decades, but threats in Southeast Asia have never been considered as great as threats in some other regions. However, the rise of the Islamic State poses new, heightened challenges for Southeast Asian governments and for U.S. policy towards the region.
Southeast Asia has numerous dynamic economies and three Muslim-majority states, including the world’s largest Muslim-majority nation, Indonesia, which also is the world’s third largest...
Review of Offshore Energy Leasing: President Trump’s Executive Order
On April 28, 2017, President Trump issued an executive order (E.O.) on U.S. offshore energy strategy. The E.O. declares a policy goal of fostering U.S. energy leadership and energy security by encouraging energy development, while ensuring that activities are safe and environmentally responsible. In support of this goal, the E.O.
directs the Secretary of the Interior to review and consider revising the federal offshore oil and gas leasing schedule and other policies established by the Obama Administration and
modifies earlier presidential withdrawals of offshore areas from leasing...
Emerging Infectious Disease: Yellow Fever in Brazil
Introduction
Yellow fever is a disease transmitted by mosquitoes endemic in 47 countries across sub-Saharan Africa and South America (see Figure 1). Roughly 90% of annual yellow fever cases typically occur in sub-Saharan Africa. An ongoing yellow fever outbreak in Brazil and the re-emergence of the disease across South America is the latest event highlighting the global threat of emerging infectious diseases (EID). All of the countries in South America that detected cases in 2016 (Bolivia, Brazil, Colombia, Ecuador, Peru, and Suriname) have contained the outbreaks except Brazil. As of May...
Cost and Benefit Considerations in Clean Air Act Regulations
The Clean Air Act (CAA) gives the Environmental Protection Agency (EPA) broad authority to set ambient air quality standards to protect public health and welfare. It authorizes emission standards for both mobile and stationary air pollution sources, including cars, trucks, factories, power plants, fuels, consumer products, and dozens of other source categories. Since 1970, EPA has used this authority to require emission controls for these sources. Emissions of the most widespread (“criteria”) pollutants have been reduced by 72% during that period.
As directed by Congress and by executive...
The National Oceanic and Atmospheric Administration’s (NOAA’s) National Weather Service (NWS) manages two tsunami warning centers, which monitor, detect, and issue warnings for tsunamis. The NWS operates the Pacific Tsunami Warning Center (PTWC) at Ford Island, HI, and the National Tsunami Warning Center (NTWC) at Palmer, AK. The tsunami warning centers monitor and evaluate data from seismic networks and determine if a tsunami is likely based on the location, magnitude, and depth of an earthquake. The centers monitor relevant water-level data, typically with tide-level gauges, and data...
Congress divides its legislative, oversight, and internal administrative tasks among more than 200 committees and subcommittees. Within assigned areas, these functional subunits gather information; compare and evaluate legislative alternatives; identify policy problems and propose solutions; select, determine, and report measures for full chamber consideration; monitor executive branch performance (oversight); and investigate allegations of wrongdoing.
Trade Implications of the President’s Buy American Executive Order
With the April 18, 2017, issuance of President Trump’s Executive Order on Buy American and Hire American, U.S. procurement obligations with 57 countries under the World Trade Organization (WTO) Government Procurement Agreement (GPA), the North American Free Trade Agreement (NAFTA), and other U.S. free trade agreements (FTAs) are coming under scrutiny. Some may question whether the order, when implemented, could conflict with current U.S. obligations under these agreements. More specifically, could the EO run counter to U.S. policy on government procurement, which generally seeks to balance...
Revitalizing Coastal Shipping for Domestic Commerce
In recent years, domestic shipborne commerce has lost much of its market to other modes. Although potential shipping routes run parallel to congested truck, railroad, and pipeline routes along the Atlantic and Pacific coasts and in the Great Lakes region, the volume of cargo carried by domestic ships has declined by 61% since 1960, while the volume carried by other modes, including river barges, has more than doubled. Use of domestic ships has retreated to routes where overland modes are not available, such as between Hawaii, Puerto Rico, and Alaska and the U.S. mainland, and where oil...
The Strategic Petroleum Reserve: Authorization, Operation, and Drawdown Policy
Congress authorized the Strategic Petroleum Reserve (SPR) in the Energy Policy and Conservation Act (EPCA) of 1975 to help prevent a repetition of the economic disruption caused by the 1973-1974 Arab oil embargo. EPCA specifically authorizes the President to draw down the SPR upon a finding that there is a “severe energy supply interruption.” The meaning of a “severe energy supply interruption” has, over time, been controversial. The authors of EPCA intended the SPR only to ameliorate discernible physical shortages of crude oil. Historically, increasing crude oil prices typically signal...
Economists generally agree that government support for private investment in research and development (R&D) is useful in correcting a market failure that predisposes most companies to invest less for that purpose than the overall economic benefits from R&D investments would warrant. The market failure stems from a company’s inability to capture all the returns to its R&D investments as a result of the spillover effects of successful R&D investments.
Most governments offer some kind of support for R&D, including tax incentives for business R&D investments. The U.S. government provides a tax...
Executive Order for Review of National Monuments
The Antiquities Act of 1906 authorizes the President to proclaim national monuments on federal lands that contain “historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest.” The President is to reserve “the smallest area compatible with the proper care and management of the objects to be protected.” From 1906 to date, Presidents have established 157 monuments and have enlarged, diminished, or otherwise modified previously proclaimed monuments.
On April 26, 2017, President Trump issued an executive order requiring the Secretary of the...
France’s 2017 Presidential Election: In Brief
French voters will elect France’s next president in a runoff election scheduled for May 7, 2017. They will choose between the top two finishers of the presidential election’s first round, held on April 23—Emmanuel Macron of the centrist En Marche! (Moving Forward) political movement and Marine Le Pen of the far-right, nationalist Front National (National Front).
The presidential campaign has exposed apparent wide-scale public dissatisfaction both with the presidency of outgoing President François Hollande and, more broadly, with a French political establishment perceived by many as...
Unemployment Insurance: Legislative Issues in the 114th Congress
The 114th Congress considered many issues related to unemployment insurance (UI) programs: Unemployment Compensation (UC), the temporary, now-expired Emergency Unemployment Compensation (EUC08), and Extended Benefits (EB). This report gives a brief overview of the UI programs that may provide benefits to eligible unemployed workers. In addition, it briefly summarizes the President’s budget proposal for FY2017.
The National Defense Authorization Act for Fiscal Year 2016, P.L. 114-92, altered certain conditions for individuals to receive Unemployment Compensation for Former Servicemembers...
What Does the Gig Economy Mean for Workers?
The gig economy is the collection of markets that match providers to consumers on a gig (or job) basis in support of on-demand commerce. In the basic model, gig workers enter into formal agreements with on-demand companies (e.g., Uber, TaskRabbit) to provide services to the company’s clients. Prospective clients request services through an Internet-based technological platform or smartphone application that allows them to search for providers or to specify jobs. Providers (i.e., gig workers) engaged by the on-demand company provide the requested service and are compensated for the jobs....
Law Enforcement Using and Disclosing Technology Vulnerabilities
There has been increased discussion about law enforcement legally “hacking” and accessing certain information about or on devices or servers. Law enforcement has explored various avenues to discover and exploit vulnerabilities in technology so it may attempt to uncover information relevant to a case that might otherwise be inaccessible. For instance, as people have adopted tools to conceal their physical locations and anonymize their online activities, law enforcement reports that it has become more difficult to locate bad actors and attribute certain malicious activity to specific...
Central Valley Project Operations: Background and Legislation
After five years of drought, rain and snowstorms in Northern and Central California in the winter of 2016-2017 significantly improved water supply conditions in the state in 2017. According to the U.S. Drought Monitor, as of late April 2017, less than 1% of the state was in severe drought conditions. This represents an improvement from one year prior to that date, when 73% of the state was in severe drought conditions, and two years prior, when 92% fell under this designation.
Stress on water supplies due to drought resulted in cutbacks in water deliveries to districts receiving water...
China’s February 2017 Suspension of North Korean Coal Imports
On February 18, 2017, China’s Ministry of Commerce and its General Administration of Customs jointly announced a suspension of China’s imports of coal from North Korea, also known as the Democratic People’s Republic of Korea (DPRK), for the remainder of 2017. The suspension appeared to signal China’s intention to keep its 2017 imports of North Korean coal in line with United Nations restrictions imposed in November 2016 in response to Pyongyang’s continued development of its nuclear and missile programs. China’s announcement came at a time when the Trump Administration was calling on China...
U.S. Physical Infrastructure: CRS Experts
A nation’s physical infrastructure (for example, its transportation, water, energy, and communications systems and structures) serves as arteries for its economic and societal activity. The infrastructure of the United States was considered to be among the finest in the world, as post-World War II growth saw large amounts of investment in much of that infrastructure. Since all infrastructure structures and equipment have a finite useful life, some would say that functionality of U.S. infrastructure has declined over time.
Estimates of cost to meet the needs of the infrastructure sectors...
Mexico’s Free Trade Agreements
Mexico has had a growing commitment to trade integration and liberalization through the formation of free trade agreements (FTAs) since the 1990s, and its trade policy is among the most open in the world. Mexico’s pursuit of FTAs with other countries not only provides economic benefits, but could also potentially reduce its economic dependence on the United States. The United States is, by far, Mexico’s most significant trading partner. Approximately 80% of Mexico’s exports go to the United States, and about 47% of Mexico’s imports are supplied by the United States. In an effort to...
The Greek Debt Crisis: Overview and Implications for the United States
Crisis Overview
Since 2009, Greece has grappled with a serious debt crisis. Most economists believe that Greece’s public debt, 180% of Greek gross domestic product (GDP), is unsustainable. The ramifications of the debt have been felt throughout the Greek economy, which contracted by 25% from its pre-crisis level. A fifth of Greeks are unemployed, with youth unemployment at nearly 50%, and the Greek banking system is unstable. Although other Eurozone governments, the International Monetary Fund (IMF), and the European Central Bank coordinated a substantial crisis response, Greece continues...
Constitutional Points of Order in the Senate
In general, the Senate’s presiding officer does not take the initiative in enforcing Senate rules and precedents. Instead, a Senator may raise a point of order if he or she believes the Senate is taking (or is about to take) an action that violates the rules. In most circumstances, the presiding officer rules on the point of order on advice of the Parliamentarian; that ruling is typically subject to an appeal on which the Senate votes (unless the appeal is tabled or withdrawn). Pursuant to Rule XX, however, in certain circumstances a point of order is not ruled on by the presiding officer...
This Insight provides comparative statistics related to the nomination and confirmation of U.S. circuit and district court judges during the eighth year of two-term presidencies since 1945 (i.e., the Truman, Eisenhower, Reagan, Clinton, George W. Bush, and Obama presidencies). It also provides cumulative comparative statistics for the entire terms of these same six presidencies. Previous CRS research has analyzed final Senate action on judicial nominations during the eighth year of the Reagan, Clinton, and George W. Bush presidencies.
Nominees Confirmed During a President’s Eighth Year
As...
The Senate’s Calendar of Business
The Senate’s Calendar of Business lists bills, resolutions, and other items of legislative business that are eligible for floor consideration. When a Senate committee reports a bill, it is said to be placed “on the calendar.” It is not in order for the majority leader or any other Senator to move that the Senate proceed to the consideration of a measure that is not on the calendar, though the majority leader could ask unanimous consent to do so. A Senate measure that is not on the calendar either has been referred to a committee and is awaiting committee action, or it is being “held at the...
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Background and Summary
Beginning in 2007, U.S. financial conditions deteriorated, leading to the near-collapse of the U.S. financial system in September 2008. Major commercial banks, insurers, government-sponsored enterprises, and investment banks either failed or required hundreds of billions in federal support to continue functioning. Households were hit hard by drops in the prices of real estate and financial assets, and by a sharp rise in unemployment. Congress responded to the crisis by enacting the most comprehensive financial reform legislation since the 1930s.
Then-Treasury Secretary Timothy Geithner...
Airline Passenger Denied Boarding: Rules and Regulations
The removal of a seated passenger from a full United Airlines flight on April 9, 2017, has spurred discussions about federal regulation of airline overbooking. Overbooking is a carrier’s intentional acceptance of more reservations for a specific flight than the number of seats available on the aircraft. It is not illegal for airlines to overbook, and the practice occurs frequently. In many cases passengers are unaware that a flight is overbooked, because “no shows” or last-minute cancellations leave sufficient room for all ticketed passengers.
The U.S. Department of Transportation (DOT)...
New Canadian Dairy Pricing Regime Proves Disruptive for U.S. Milk Producers
A new pricing regime—the National Ingredient Strategy—that was introduced in Canada in February 2017 for certain dairy product ingredients is creating negative spillover effects for some U.S. dairy product exports and for certain milk producers in border states whose milk deliveries to processors are dependent upon this trade.
Press reports indicate that some 75 dairy farms in Wisconsin have been advised that their milk delivery contracts with a local milk processor will not be renewed as of May 1, 2017, because of the new pricing regime in Canada. Some dairy farmers in Minnesota have...
Turkey: Erdogan’s Referendum Victory Delivers “Presidential System”
Based on unofficial results released by Turkish officials, constitutional changes to establish a “presidential system” in Turkey appear to have been adopted via a 51.4% favorable vote in an April 16, 2017, nationwide referendum. President Recep Tayyip Erdogan and the ruling Justice and Development Party (AKP) had campaigned vigorously in support of the changes after obtaining the requisite parliamentary approval with the support of the Nationalist Action Party (MHP) in January 2017. Assuming the outcome holds despite some allegations of irregularities, most of the changes—including the...
Westinghouse Bankruptcy Filing Could Put New U.S. Nuclear Projects at Risk
Westinghouse Electric Company, a major nuclear technology firm that supplied nearly half of the 99 currently operating U.S. commercial reactors, filed for bankruptcy reorganization on March 29, 2017. The bankruptcy filing raised fundamental questions about the future of the U.S. nuclear power industry, and particularly whether four new reactors that Westinghouse is constructing for electric utilities in Georgia and South Carolina will be completed. The four reactors are the first to begin construction in the United States since the mid-1970s, and the nuclear industry had hoped they would...
Presidential Permit Review for Cross-Border Pipelines and Electric Transmission
Executive permission in the form of a Presidential Permit has long been required for the construction, connection, operation, and maintenance of certain facilities that cross the United States borders with Canada and Mexico. The constitutional basis for the President’s cross-border permitting authority has been addressed by the courts, but questions remain about the manner in which this authority is exercised among the agencies to which it has been delegated. In particular, some Members of Congress and affected stakeholders seek greater clarity about how Presidential Permit applications...
Gun Control: Federal Law and Legislative Action in the 114th Congress
In the 114th Congress, the Senate debated several gun proposals following two high-fatality mass shootings in December 2015 and June 2016. After both shootings, Senate debate coalesced around the following issues:
Should the Attorney General be given the authority to deny firearms (and explosives) transfers to persons she determines to be “dangerous terrorists”?
Should federal background check requirements be expanded to include intrastate firearms transfers among private, unlicensed persons?
Should grants be provided or withheld to encourage state, local, municipal, tribal, and...
OMB Lifts Hiring Freeze and Issues Plan to Reduce and Reform the Federal Civilian Workforce
On April 12, 2017, Office of Management and Budget (OMB) Director Mick Mulvaney issued a memorandum titled, “Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce.” The memorandum lifts the hiring freeze instituted by President Donald Trump on January 23, 2017.
In addition, the memorandum sets forth steps that executive branch departments and agencies must take to fulfill other requirements of the hiring freeze memorandum and the March 13, 2017, Executive Order 13781 on reorganizing the executive branch. These directives, respectively,...
Gun Control, Mental Incompetency, and Social Security Administration Final Rule
On February 2, 2017, the House of Representatives passed a Congressional Review Act disapproval resolution (H.J.Res. 40) to overturn a final rule promulgated by the Social Security Administration (SSA) regarding implementation of firearms restrictions for certain persons. On February 16, 2017, the Senate passed H.J.Res. 40 without any amendments. On February 28, 2017, President Donald Trump signed this resolution into law (P.L. 115-8). This enacted joint resolution vacates the SSA final rule. It also bars the SSA from promulgating any future rule that would be “substantially the same” as...
The Marshall Plan: 70th Anniversary
June 5, 2017, marks the 70th anniversary of the Marshall Plan—considered by many to be one of the most successful foreign policy initiatives and foreign aid programs ever undertaken by the United States.
In a speech at Harvard University on June 5, 1947, Secretary of State George Marshall suggested that, if European countries working together came up with a proposal, the United States would be willing to provide assistance in response to the dire political, social, and economic conditions in which Europe found itself at that time. The speech set in motion a diplomatic and legislative train...
OSHA State Plans: In Brief, with Examples from California and Arizona
The Occupational Safety and Health Act of 1970 (OSH Act) authorizes states to establish their own occupational safety and health plans and preempt standards established and enforced by the Occupational Safety and Health Administration (OSHA). OSHA must approve state plans if they are “at least as effective” as OSHA’s standards and enforcement. Currently, 21 states and Puerto Rico have state plans that cover all employers and 5 states and the U.S. Virgin Islands have state plans that cover only state and local government employers, who are not covered by the OSH Act. OSHA estimates that 40%...
Border-Adjusted Consumption Taxes and Exchange Rate Movements: Theory and Evidence
In June 2016, House Speaker Paul Ryan proposed a destination-based cash flow tax (DBCFT) as part of the “A Better Way” tax reform blueprint. One component of the DBCFT proposal is the implementation of a border adjustment, which is a common feature of national consumption-based taxes. Were the United States to adopt a DBCFT and the accompanying border adjustment, it would only tax production that is consumed in the United States—domestically produced goods and services sold abroad would not be taxed.
Although there are many important issues surrounding a DBCFT that would require careful...
National Health Service Corps: Background, Funding, and Programs
The National Health Service Corps (NHSC) is a pipeline for clinician recruitment and training. Its program objective is to increase the availability of primary care services to populations in Health Professional Shortage Areas (HPSAs). It aims to increase clinician availability by making loan repayments and awarding scholarships to individuals in exchange for their agreement to serve as NHSC clinicians (or providers) at approved sites. NHSC providers are mainly physicians, physician assistants, nurse practitioners, and behavioral/mental health professionals who must serve for a minimum of...
Video Broadcasting of Congressional Proceedings
Video broadcasts of congressional proceedings enable constituents, policy professionals, and other interested individuals to see Congress at work, learn about specific Members, and follow the legislative process. Members of Congress have always considered communication with constituents an essential part of their representational duties. Members also often utilize new tools and technologies to reach and engage their constituents and colleagues.
Background
The Legislative Reorganization Act of 1970 first enabled congressional committees to broadcast their proceedings, if desired. Separate...
Fees Assessed on Pesticide Registrants: Reauthorization and Proposed Amendments
Pursuant to the Pesticide Registration Improvement Extension Act of 2012 (PRIA 3; P.L. 112-177), Congress authorized the U.S. Environmental Protection Agency (EPA) to collect two categories of fees to support the agency’s pesticide regulatory program and related activities. EPA’s authority to collect one of these fees—pesticide maintenance fees—expires at the end of FY2017. The authority to collect the other fees—pesticide registration service fees—begins to phase out at the end of FY2017. The Pesticide Registration Enhancement Act of 2017 (H.R. 1029, H.Rept. 115-49), passed by the House...
Regulation of Pesticide Residues in Food and Recent Actions on Chlorpyrifos
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. 136 et seq.) requires the U.S. Environmental Protection Agency (EPA) to promulgate, in accordance with Section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA; 21 U.S.C. 346a), maximum permissible levels (tolerances) for pesticide residues that raw agricultural commodities and processed food may legally contain. Under FFDCA, EPA has established tolerances that vary based on the commodity for more than 350 pesticide active ingredients (40 C.F.R. Part 180). Tolerances and the process for establishing them have...
Senate Proceedings Establishing Majority Cloture for Supreme Court Nominations: In Brief
On April 6, 2017, the Senate reinterpreted Rule XXII to allow a majority of Senators voting, a quorum being present, to invoke cloture on nominations to the U.S. Supreme Court. Before the Senate reinterpreted the rule, ending consideration of nominations to the Supreme Court required a vote of three-fifths of Senators duly chosen and sworn (60 Senators unless there is more than one vacancy). The practical effect of the Senate action on April 6 was to reduce the level of support necessary to confirm a Supreme Court nominee.
The method used to reinterpret Senate Rule XXII is, perhaps, of as...
The Revenue Baseline for Tax Reform
Tax reform remains an issue of interest in the 115th Congress. An open policy question is whether any proposed tax reform might increase the projected budget deficit, reduce the deficit, or leave the deficit unchanged (i.e., be revenue neutral). To inform this debate, this Insight provides information on the current revenue baseline as calculated by the Congressional Budget Office (CBO). This Insight also discusses how the enactment of changes in tax policy can potentially change the baseline, and implications of these changes for subsequent legislation, such as tax reform. This Insight...
U.S. Climate Change Regulation and Litigation: Selected Legal Issues
On March 28, 2017, President Trump signed an executive order to encourage and promote energy development by modifying climate change policies. As the Trump Administration implements its environmental policies, various legal challenges to Obama Administration climate change regulations remain pending before courts. During the last term of the Obama Administration, the Environmental Protection Agency (EPA) and the National Highway and Traffic Safety Administration finalized a series of regulations to address emissions from cars, trucks, and their engines that may contribute to climate...
NASS and U.S. Crop Production Forecasts: Methods and Issues
The National Agricultural Statistics Service (NASS) of the U.S. Department of Agriculture (USDA) estimates agricultural production (including area and yield) and stocks for more than 120 crops and 45 livestock items. Traditionally NASS estimates have focused on state and national data, but in recent years county-level estimates have gained in importance. NASS crop production estimates are crucial to people in the U.S. agricultural sector involved in making marketing and investment decisions, policymakers who design farm support programs, USDA agents who implement those programs, and...
Congressional News Media and the House and Senate Press Galleries
The House and Senate press galleries provide services both for journalists and for Members of Congress. The news media helps Members communicate with the public, and enables the public to learn about policy initiatives, understand the legislative process, and observe elected officials representing their constituents. In the earliest Congresses, news reports commonly provided the most comprehensive record of congressional proceedings, even for Members themselves, because few official documents were kept. To accommodate the press, and in response to its growth through the mid-19th century,...
Federal Securities Law: Insider Trading
Insider trading in securities may occur when a person in possession of material nonpublic information about a company trades in the company’s securities and makes a profit or avoids a loss. Certain federal statutes have provisions that have been used to prosecute insider trading violations. For example, Section 16 of the Securities Exchange Act of 1934 requires the disgorgement of short-swing profits by named insiders—directors, officers, and 10% shareholders. The 1934 Act’s general antifraud provision, Section 10(b), is frequently used in the prosecution of insider traders. Although the...
Surface water conditions in California have recovered dramatically in recent months, but some consequences of the 2012-2016 drought likely will linger for years. This Insight discusses the status of the drought and how it affected groundwater supplies: declines in groundwater levels, decreased storage capacity, and land subsidence. In response to the drought, the 114th Congress enacted legislation (P.L. 114-322) that altered the authorities regarding how federal water infrastructure in the state is managed and how new water storage may be developed. (See CRS In Focus IF10626, Reclamation...
In vitro diagnostic (IVD) devices are used in the analysis of human samples, such as blood or tissue, to provide information in making health care decisions. Examples of IVDs include (1) pregnancy test kits or blood glucose tests for home use; (2) laboratory tests for infectious disease, such as HIV or hepatitis, and routine blood tests, such as cholesterol and anemia; and (3) tests for various genetic diseases or conditions. More recently, a specific type of diagnostic test—called a companion diagnostic—has been developed that may be used to select the best therapy, at the right dose, at...
Pipeline Security: Recent Attacks
Domestic Pipeline Sabotage
Recent acts of sabotage against U.S. pipelines have raised concern about the security of the nation’s energy pipeline system and the federal program to protect them. On March 20, 2017, the developer of the Dakota Access Pipeline alleged in a court filing that it had experienced “recent coordinated physical attacks along the pipeline.” On February 26, 2017, law officers fatally shot a man who reportedly had used an assault rifle to attack the Sabal Trail Pipeline, a natural gas pipeline under construction in Florida. On October 11, 2016, a coordinated group of...
A Primer on WIC: The Special Supplemental Nutrition Program for Women, Infants, and Children
The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) provides nutrition-rich foods, nutrition education (including breastfeeding promotion and support), and health care and social services referrals to eligible low-income women, infants, and children. In FY2016, approximately 7.7 million people participated in WIC each month. WIC is authorized by the Child Nutrition Act, as is the related WIC Farmers’ Market Nutrition Program (WIC FMNP). WIC, WIC FMNP, school meals, and the other child nutrition programs are typically reauthorized together; these programs were...
Filibusters and Cloture in the Senate
The filibuster is widely viewed as one of the Senate’s most characteristic procedural features. Filibustering includes any use of dilatory or obstructive tactics to block a measure by preventing it from coming to a vote. The possibility of filibusters exists because Senate rules place few limits on Senators’ rights and opportunities in the legislative process.
In particular, a Senator who seeks recognition usually has a right to the floor if no other Senator is speaking, and then that Senator may speak for as long as he or she wishes. Also, there is no motion by which a simple majority of...
Multinational Species Conservation Fund Semipostal Stamp
The Multinational Species Conservation Fund (MSCF) supports international conservation efforts benefitting several species of animals, often in conjunction with efforts under the Convention on International Trade in Endangered Species (CITES). MSCF receives annual appropriations under the U.S. Fish and Wildlife Service (FWS) to fund five grant programs for conserving tigers, rhinoceroses, Asian and African elephants, marine turtles, and great apes (gorillas, chimpanzees, bonobos, orangutans, and various species of gibbons). To provide a convenient way for the public to contribute to these...
The Value of Energy Tax Incentives Across Energy Resources: Trends over Time
Over time, the proportion of energy-specific tax incentives benefitting different energy resources has shifted. Figure 1 illustrates the value of energy-related tax incentives since 1978. Energy tax provisions are categorized as primarily benefitting fossil fuels, renewables, renewable fuels, efficiency, vehicles, or some other energy purpose. Earlier versions of Figure 1 have appeared in past Congressional Research Service reports (R41953 and R41227). Similar figures have also appeared in Congressional Budget Office (CBO) publications in 2012, 2015, and 2017. See these resources for...
Invoking Cloture in the Senate
Cloture is the only procedure by which the Senate can vote to set an end to a debate without also rejecting the bill, amendment, conference report, motion, or other matter it has been debating. A Senator can make a nondebatable motion to table an amendment, and if a majority of the Senate votes for that motion, the effect is to reject the amendment. Thus, the motion to table cannot be used to conclude a debate when Senators still wish to speak and to enable the Senate to vote for the proposal it is considering. Only the cloture provisions of Rule XXII achieve this purpose. In the 113th...
Keystone XL: Greenhouse Gas Emissions Assessments in the Final Environmental Impact Statement
On March 23, 2017, the State Department issued a Presidential Permit for the border facilities of the proposed Keystone XL Pipeline, having determined that issuing the permit “would serve the national interest.” The Department announced that the Record of Decision and National Interest Determination for the Presidential Permit “is informed by” the 2014 Final Environmental Impact Statement (FEIS). It cites no new documentation aside from fresh communications with the Canadian pipeline company.
State Department Assessment
The State Department released the FEIS on January 31, 2014, to inform...
During the Obama Administration, the two federal agencies primarily responsible for administering the private health insurance provisions in the Affordable Care Act (ACA)—the Centers for Medicare & Medicaid Services (CMS) within the Department of Health and Human Services (HHS), and the Internal Revenue Service (IRS) within the Treasury Department—took a series of actions to delay, extend, or otherwise modify the law’s implementation.
This report summarizes selected administrative actions taken by CMS and the IRS through February 2015 to address ACA implementation. The report is no longer...
Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2017 Appropriations
The House and Senate Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations Subcommittees are charged with providing annual appropriations for the Department of Transportation (DOT), Department of Housing and Urban Development (HUD), and related agencies. THUD programs receive both discretionary and mandatory budget authority; HUD’s budget generally accounts for the largest share of discretionary appropriations in the THUD bill, but when mandatory funding is taken into account, DOT’s budget is larger than HUD’s budget. Mandatory funding typically accounts...
Scientific Basis of Environmental Protection Agency Actions: H.R. 1430 and H.R. 1431
The scientific basis of regulation is a long-standing issue. In the 115th Congress, H.R. 1430 and H.R. 1431 are intended to address the public disclosure and transparency of information used as the basis for environmental regulations and other actions of the U.S. Environmental Protection Agency (EPA). These bills would amend the Environmental Research, Development, and Demonstration Authorization Act of 1978 (ERDDAA), among other purposes, to require public disclosure of scientific and technical information that EPA uses as a basis for agency action. On March 29, 2017, the House passed...
Employer Wellness Programs and Genetic Information: Frequently Asked Questions
Since the passage of the Patient Protection and Affordable Care Act of 2010 (ACA, P.L. 111-148, as amended), which encouraged use of wellness programs, employers have increasingly established employer wellness programs in an effort to support better health among their employees and reduce their own health care costs. Employer wellness programs often focus on improving wellness overall, but they may target a specific disease (e.g., diabetes) or behavior (e.g., smoking), and they may include the provision of health or other services. These programs often include incentives for participation,...
FirstNet’s Nationwide Public Safety Broadband Network Moves Forward
On March 30, 2017, FirstNet announced a public-private partnership with AT&T to build a dedicated interoperable wireless broadband network for use by public safety agencies nationwide. Under terms of the 25-year agreement, FirstNet will provide AT&T with up to $6.5 billion for initial network construction over the next five years. Additionally, AT&T will spend about $40 billion of its own funds to build, operate, and maintain the network over the life of the contract. To conduct the buildout, AT&T has assembled a team including Motorola Solutions, General Dynamics, Sapient Consulting,...
Department of Transportation (DOT): FY2017 Appropriations
In February 2016, the Obama Administration proposed a $96.9 billion budget for the Department of Transportation (DOT) for FY2017. That is approximately $22 billion more than was provided for FY2016. The budget request reflected the Administration’s call for significant increases in funding for highway, transit, and rail programs.
The DOT appropriations bill funds federal programs covering aviation, highways and highway safety, public transit, intercity rail, maritime safety, pipelines, and related activities. Federal highway, transit, and rail programs were reauthorized in the fall of...
The Trump Administration’s March 2017 Defense Budget Proposals: Frequently Asked Questions
On March 16, 2017, the Trump Administration released two defense budget proposals—a proposal for national defense (budget function 050) discretionary spending for fiscal year (FY) 2018 as part of the Administration’s Budget Blueprint for federal spending, and a detailed request for additional FY0217 funding for Department of Defense (DOD) military activities.
For FY2017, the Administration is seeking $30 billion for DOD military activities (budget subfunction 051) in addition to the amounts requested by the Obama Administration. Of this amount, $24.9 billion is slated for base budget...
The Army’s Sustainable Readiness Model (SRM)
The Army’s Definition of Readiness
The Army defines readiness as the capability of its forces to conduct the full range of military operations, including the defeat of all enemies regardless of the threats they pose. In this regard, readiness is a function of how well units are manned, equipped, trained, and led.
Past Army Readiness Models
Readiness models are the means by which the Army generates the forces that are then made available to Combatant Commanders for operations. From the 1980s until 2001, the Army employed a Tiered Readiness Model with units manned, equipped, and trained at...
The Hardest Hit Fund: Frequently Asked Questions
The Hardest Hit Fund (HHF), administered by the Department of the Treasury, is one of several temporary programs that were created to help prevent home foreclosures in the aftermath of housing and mortgage market turmoil that began around 2007-2008. It provided a total of $9.6 billion in Troubled Asset Relief Program (TARP) funds to 19 states (including the District of Columbia) that were deemed to be “hardest hit” by the housing market turmoil, as defined by factors such as house price declines or unemployment rates.
In 2010, a total of $7.6 billion was allocated to selected states...
HUD’s Reverse Mortgage Insurance Program: Home Equity Conversion Mortgages
Reverse mortgages allow older homeowners to borrow against the equity in their homes and repay the loans at a later time, after they sell the home or pass away. Reverse mortgages differ from traditional forward mortgages both in the way in which borrowers receive the loan proceeds and the way in which the loans are repaid. Like traditional forward mortgages and home equity lines of credit, borrowers may receive a lump sum payment from the loan or have an available line of credit. However, additional options include monthly payments over a period of time or monthly payments for the life of...
Overview of CEQ Guidance on Greenhouse Gases and Climate Change
In 1997, the White House Council on Environmental Quality (CEQ) informed federal agencies that, to ensure compliance with the National Environmental Policy Act (NEPA), they may need to consider whether their actions may affect or be affected by climate change. CEQ issued revised draft guidance in 2010 and again in 2014. On August 1, 2016—after receiving public comments and other feedback from Members of Congress, state agencies, tribes, corporations, trade associations, and other stakeholders—CEQ released final guidance (hereinafter, the Guidance) on consideration of greenhouse gas (GHG)...
Keystone XL Pipeline: Development Issues
Keystone XL Presidential Permit
On March 23, 2017, the U.S. State Department issued a Presidential Permit for the border facilities of the proposed Keystone XL Pipeline, having determined that issuing the permit “would serve the national interest.” If constructed, the pipeline would transport oil sands crude from Canada as well as oil produced in North Dakota and Montana to a hub in Nebraska for further delivery to Gulf Coast refineries (Figure 1). The U.S. pipeline section would be 875 miles long with the capacity to deliver 830,000 barrels per day. Keystone XL requires a Presidential...
Expiring Funds for Primary Care
The Affordable Care Act (ACA), enacted on March 23, 2010, appropriated billions of dollars of mandatory funds to support new and existing grant programs and other activities. Specifically, it provided support for three programs focused on expanding access to primary care services for populations that are typically underserved. The first two were existing programs—the Health Centers program and the National Health Service Corps (NHSC)—and they were funded through a new mandatory funding stream, the Community Health Center Fund (CHCF). The third program, created in the ACA, is the Teaching...
The Federal Coal Leasing Moratorium
The Federal Coal Leasing Moratorium
Recent Events
The Trump Administration issued an Executive Order on March 28, 2017, that would amend or withdraw Secretarial Order 3338 and lift “any and all” moratoria on federal coal leasing.
On January 11, 2017, the Obama Administration published its scoping report (Bureau of Land Management, Federal Coal Program: Programmatic Environmental Impact Statement—Scoping Report, Volumes I and II, January 2017) as a prelude to the comprehensive Draft and Final PEIS. After six public meetings and over 214,000 comments, the BLM concluded that modernizing the...
President’s Budget Blueprint Seeks Changes for Public Health Service Agencies
The White House has released a “budget blueprint” that outlines President Trump’s priorities for funding the federal government in FY2018. The document covers only discretionary spending, which is controlled through the annual appropriations process. It does not address mandatory spending—including spending on entitlement programs such as Medicare and Social Security—or interest payments on the federal debt. The complete FY2018 budget is expected to be released in May.
Although the budget blueprint provides limited details on the agency, account, or program level, it indicates Trump...
EPA’s Mid-Term Evaluation of Vehicle Greenhouse Gas Emissions Standards
The One National Program
In 2009, the Obama Administration—through authorities provided to the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA)—developed joint standards for fuel economy and greenhouse gas (GHG) emissions for new light-duty vehicles (defined generally as passenger cars and light trucks). The standards (referred to as the One National Program) were established in two phases: Phase 1 for vehicle model years (MY) 2012-2016, finalized on May 7, 2010; and Phase 2 for MY2017-2025, finalized on October 15, 2012. The agencies...
Phase 2 Greenhouse Gas Emissions and Fuel Efficiency Standards for Heavy-Duty Vehicles
On October 25, 2016, the U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration jointly published the second phase of greenhouse gas (GHG) emissions and fuel efficiency standards for medium- and heavy-duty engines and vehicles through their authorities under the Clean Air Act (CAA) and the Energy Independence and Security Act of 2007 (P.L. 110-140).
The Phase 2 rule sets emission standards for tractor-trailers, vocational vehicles, and heavy-duty pickup trucks and vans. The rule expands on the Phase 1 standards (promulgated in 2011 for model...
The President’s FY2018 Budget Request for the U.S. Department of Agriculture
Background
The Trump Administration released its first budget request on March 16, 2017. Titled “America First: A Budget Blueprint to Make America Great Again,” the request for FY2018 does not have the detail of a regular budget (see CRS Report RS20752, Submission of the President’s Budget in Transition Years).
The FY2018 Blueprint addresses discretionary spending only and primarily conveys information at the Cabinet level. While it highlights changes to some programs, the request remains vague about the effect on most agencies. A more detailed budget is expected in May 2017 and may...
Major Disaster Assistance from the Disaster Relief Fund: State Profiles
The primary source of funding for federal assistance authorized by a major disaster declaration is the Disaster Relief Fund (DRF), which is managed by the Federal Emergency Management Agency (FEMA). Major disaster declarations have occurred in every U.S. state since FY2000, with obligations for each incident ranging from a few hundred thousand dollars to more than $31 billion.
This report summarizes DRF actual and projected obligations as a result of major disaster declarations at the national level for the period FY2000 through FY2015. CRS profiles for each state and the District of...
The Civil Service Reform Act: Due Process and Misconduct-Related Adverse Actions
Federal employees receive statutory protections that differ from those of the private sector, including more robust limits on when they can be removed or demoted. Although a number of laws apply to various aspects of the federal civil service system, the primary governing framework is the Civil Service Reform Act of 1978 (CSRA), as amended. The CSRA created a comprehensive system for reviewing actions taken by most federal agencies against their employees, and the act provides a variety of legal protections and remedies for federal employees. It also funnels review of agency decisions to...
Preserving Homeownership: Foreclosure Prevention Initiatives
The home mortgage foreclosure rate began to rise rapidly in the United States beginning around the middle of 2006 and remained elevated for several years thereafter. Losing a home to foreclosure can harm households in many ways; for example, those who have been through a foreclosure may have difficulty finding a new place to live or obtaining a loan in the future. Furthermore, concentrated foreclosures can negatively impact nearby home prices, and large numbers of abandoned properties can negatively affect communities. Finally, elevated levels of foreclosures can destabilize housing...
Income Eligibility and Rent in HUD Rental Assistance Programs: Frequently Asked Questions
The Department of Housing and Urban Development (HUD) administers five main rental assistance programs that subsidize rents for low-income families: the Public Housing program, the Section 8 Housing Choice Voucher program, the Section 8 Project-Based Rental Assistance program, the Section 202 Supportive Housing for the Elderly program, and the Section 811 Supportive Housing for Persons with Disabilities program. Together, these programs serve more than 4 million families and make up well over three-quarters of HUD’s budget. All five programs provide rental assistance in the form of...
FY2017 Defense Appropriations Fact Sheet: Selected Highlights of H.R. 5293, S. 3000, and H.R. 1301
This Fact Sheet summarizes selected highlights of the FY2017 Defense Appropriations Act passed by the House, in the 114th Congress, on June 16, 2016 (H.R. 5293), the version reported by the Senate Appropriations Committee on May 26, 2016 (S. 3000), and a third version agreed to March 2, 2017 by House and Senate negotiators.
Although the March 2017 legislation was introduced in the 115th Congress as a new bill, it is -- for practical purposes – equivalent to the product of an informal conference committee on the two earlier versions. The Senate did not complete action on the Senate...
A Brief Overview of Rulemaking and Judicial Review
The Administrative Procedure Act (APA), which applies to all agencies of the federal government, provides the general procedures for various types of rulemaking. The APA details the rarely used procedures for formal rules as well as the requirements for informal rulemaking, under which the vast majority of agency rules are issued. This report provides a brief legal overview of the methods by which agencies may promulgate rules, which include formal rulemaking, informal (notice-and-comment or § 553) rulemaking, hybrid rulemaking, direct final rulemaking, and negotiated rulemaking. In...
Federal Reserve: Oversight and Disclosure Issues
Critics of the Federal Reserve (Fed) have long argued for more oversight, transparency, and disclosure. Criticism intensified following the extensive assistance the Fed provided to financial firms during the financial crisis. Some critics downplay the degree of Fed oversight and disclosure that already takes place.
For oversight, the Fed is required to provide a written report to and testify before the committees of jurisdiction semiannually. In addition, these committees periodically hold more focused hearings on Fed topics. Critics have sought a Government Accountability Office (GAO)...
CRS Products on the Trans-Pacific Partnership (TPP)
The Trans-Pacific Partnership (TPP) is a proposed free trade agreement (FTA) signed by the United States and 11 other Asia-Pacific countries on February 4, 2016, and would require ratification by the member countries before it can take effect. On January 30, 2017, the United States gave notice to the other signatories that it does not intend to ratify the agreement, effectively ending, at least for the time being, the ratification process in the United States and the agreement’s possible entry into force. The TPP as signed cannot enter into force without U.S. participation, due to a...
Issues with Federal Motor Vehicle Safety Standards
Federal motor vehicle safety regulation was established more than 50 years ago by the National Traffic and Motor Vehicle Safety Act (P.L. 89-563) to address the rising number of motor vehicle fatalities and injuries. The National Highway Traffic Safety Administration (NHTSA) administers vehicle safety laws and has issued dozens of safety standards, including regulations affecting windshield wipers, hood and door latches, tires, and airbags.
NHTSA has estimated that between 1960 and 2012, federal motor vehicle safety standards saved more than 600,000 lives, and the risk of a fatality...
Interior, Environment, and Related Agencies: FY2017 Appropriations
The Interior, Environment, and Related Agencies appropriations bill includes funding for approximately 30 agencies and entities. They include most of the Department of the Interior (DOI) as well as agencies within other departments, such as the Forest Service within the Department of Agriculture and the Indian Health Service within the Department of Health and Human Services. The bill also provides funding for the Environmental Protection Agency (EPA), arts and cultural agencies, and other entities. At issue for Congress is determining the amount, terms, and conditions of funding for...
The Federal Government’s Authority to Impose Conditions on Grant Funds
Commonly known as the Spending Clause, Article I, Section 8, Clause 1 of the U.S. Constitution has been widely recognized as providing the federal government with the legal authority to offer federal grant funds to states and localities that are contingent on the recipients engaging in, or refraining from, certain activities. However, the Supreme Court has articulated certain limitations on the exercise of this power. In its 1987 decision in South Dakota v. Dole, which arguably remains the leading case regarding the use of the federal government’s conditional spending power, the Court held...
Congressional Redistricting Law: Background and Recent Court Rulings
In addition to various state processes, the legal framework for congressional redistricting involves constitutional and federal statutory requirements. Interpreting these requirements, in a series of cases and evolving jurisprudence, the U.S. Supreme Court has issued rulings that have significantly shaped how congressional districts are drawn and the degree to which challenges to redistricting plans may succeed. As the 2020 round of redistricting approaches, foundational and recent rulings by the Court regarding redistricting are likely to be of particular interest to Congress. This report...
The Financial Action Task Force: An Overview
The National Commission on Terrorist Attacks Upon the United States, or the 9/11 Commission, recommended that tracking terrorist financing “must remain front and center in U.S. counterterrorism efforts” (see The 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks Upon the United States, U.S. Government Printing Office, July, 2004. p. 382). As part of these efforts, the United States plays a leading role in the Financial Action Task Force on Money Laundering (FATF). The independent, intergovernmental policymaking body was established by the 1989 G-7 Summit...
DOE’s Office of Energy Efficiency and Renewable Energy (EERE): Appropriations Status
The U.S. Department of Energy’s (DOE’s) Office of Energy Efficiency and Renewable Energy (EERE) is the principal government agency responsible for renewable energy technologies and energy efficiency efforts. EERE works with industry, academia, national laboratories, and others to conduct research and development (R&D) and to issue grants to state governments. EERE oversees nearly a dozen technologies and programs—from vehicle technologies to solar energy to advanced manufacturing to weatherization and intergovernmental programs—each with its own respective mission and program goals.
EERE...
Federal Citations to the Social Cost of Greenhouse Gases
Executive Order 12866 requires that federal agencies assess the cost and the benefits of intended regulations as part of their regulatory impact analyses (RIAs). The 1993 executive order stated that “recognizing that some costs and benefits are difficult to quantify, [each agency shall] propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs.”
Social cost, carbon, carbon dioxide, methane, nitrous oxide, greenhouse gases, regulatory impact analysis, cost-benefit analysis, benefit-cost analysis, Interagency Working...
Geographical Indications (GIs) in U.S. Food and Agricultural Trade
Geographical indications (GIs) are place names used to identify products that come from these places and to protect the quality and reputation of a distinctive product originating in a certain region. The term is most often applied to wines, spirits, and agricultural products. Some food producers benefit from the use of GIs by giving certain foods recognition for their distinctiveness, differentiating them from other foods in the marketplace. In this manner, GIs can be commercially valuable. GIs may be eligible for relief from acts of infringement or unfair competition. GIs may also...
Commercial Truck Safety: Overview
More than 11 million large trucks travel U.S. roads, and almost 4 million people hold commercial driver’s licenses. In 2015, large trucks were involved in more than 400,000 motor vehicle crashes serious enough to be registered by police, with nearly 100,000 of those crashes causing injuries and around 3,600 resulting in fatalities. To address this situation, Congress has assigned the U.S. Department of Transportation (DOT)—primarily the Federal Motor Carrier Safety Administration (FMCSA)—responsibility for regulating the safety practices of commercial motor carriers and drivers. In...
Title VII of the Civil Service Reform Act of 1978, commonly referred to as the “Federal Service Labor-Management Relations Statute” (FSLMRS), recognizes the right of most federal employees to engage in collective bargaining with respect to their conditions of employment. In 2016, 27.4% of all federal employees were members of a union. While the union membership rate for federal workers has declined slightly over the past ten years, it continues to exceed the union membership rate of 6.4% for private-sector employees.
Under the FSLMRS, a labor organization becomes the exclusive...
Sub-Saharan Africa: Key Issues, Challenges, and U.S. Responses
The 115th Congress and the Trump Administration are reviewing existing U.S. policies and programs in sub-Saharan Africa (henceforth, “Africa”) as they establish their budgetary and policy priorities toward the region while also responding to emerging crises. Africa-specific policy questions did not feature prominently in the 2016 U.S. presidential campaign, and the views of the Trump Administration on many U.S.-Africa policy issues remain unspecified. The Obama Administration’s Strategy Toward Sub-Saharan Africa identified its policy priorities as strengthening democratic institutions;...
DOD Issues Additional Guidance on Federal Hiring Freeze
On February 2, 2017, the Department of Defense (DOD) issued initial guidance on implementing the federal hiring freeze instituted by President Trump—an order that suspends the hiring of civilian employees in the executive branch. On March 7, 2017, the DOD issued additional guidance (available upon request) that supplements the initial guidance by
adding new exemptions from the freeze for (1) essential military and base operating services, (2) infrastructure sustainment, and (3) family readiness programs;
delegating exemption approval authority to lower-level officials for exemptions...
The Dutch Parliamentary Elections: Outcome and Implications
The March 15, 2017, parliamentary elections in the Netherlands garnered considerable attention as the first in a series of European contests this year in which populist, antiestablishment parties have been poised to do well, with possibly significant implications for the future of the European Union (EU). For many months, opinion polls projected an electoral surge for the far-right, anti-immigrant, anti-EU Freedom Party (PVV), led by Geert Wilders. Many in the EU were relieved when the PVV fell short and the center-right, pro-EU People’s Party for Freedom and Democracy (VVD), led by...
Tax Deductions for Individuals: A Summary
Every tax filer has the option to claim deductions when filing their income tax return. Deductions serve four main purposes in the tax code: (1) to account for large, unusual, and necessary personal expenditures, such as extraordinary medical expenses; (2) to encourage certain types of activities, such as homeownership and charitable contributions; (3) to ease the burden of taxes paid to state and local governments; and (4) to adjust for the expenses of earning income, such as unreimbursed employee expenses.
Some tax deductions can be taken by individuals even if they do not itemize. These...
Should the U.S. Trade Deficit be Redefined?
The U.S. merchandise trade deficit represents the difference between a country’s exports and imports of goods. For some, the trade deficit is a flashpoint for concerns about the overall condition of the economy. Most economists argue this characterization misrepresents the nature of the trade deficit and the role of trade in the economy. Some policymakers support redefining the trade deficit in ways that would effectively increase the size of the deficit by more narrowly defining an export. Others argue that U.S. trade data should be redefined in ways that capture value added through...
The Decennial Census: Issues for 2020
The U.S. Constitution—Article I, Section 2, clause 3, as modified by Section 2 of the 14th Amendment—requires a population census every 10 years for apportioning seats in the House of Representatives. Decennial census data are used, too, for within-state redistricting and in certain formulas for distributing more than $450 billion annually in federal funds to states and localities. Census counts also are the foundation for estimates of current population size between censuses and projections of future size. Businesses, nonprofit organizations, researchers, and all levels of government are...
Sanctuary Jurisdictions and Select Federal Grant Funding Issues: In Brief
On January 25, 2017, President Donald J. Trump issued Executive Order (EO) 13768, “Enhancing Public Safety in the Interior of the United States.” Among other things, the EO raises questions regarding whether, and to what extent, federal agencies will withhold federal grant funds that would have otherwise been awarded to a designated “sanctuary jurisdiction.” Under the EO, the Secretary of Homeland Security (Secretary) is directed to designate a jurisdiction as a sanctuary jurisdiction at his discretion, and to the extent consistent with law, for those jurisdictions found to have willfully...
Moving On: TPP Signatories Meet in Chile
On March 14-15, representatives from the 12 original signatories to the proposed Trans-Pacific Partnership (TPP) free trade agreement (FTA) met in Chile to discuss the future direction of regional integration efforts in the Asia-Pacific (see CRS In Focus IF10000, TPP: Overview and Current Status). China, Colombia, and South Korea were also represented. The meeting follows the Trump Administration’s January announcement of U.S. withdrawal from the TPP, which effectively ended the possibility of TPP’s entry into force in its current form (see CRS Insight IN10646, The United States Withdraws...
Tax reform is a stated priority of the 115th Congress. In June 2016, Ways and Means Committee Republicans released the “Better Way” tax reform blueprint. The proposal seeks to make the individual income tax system “simpler, flatter, and fairer” by consolidating the number of individual income tax brackets. Looking at statutory tax rates alone, however, provides limited information regarding the simplicity or fairness of the tax system. Average tax rates and effective marginal tax rates are frequently used by economists and policy analysts to evaluate the fairness of the tax system, as well...
Much of the federal government, including the Small Business Administration (SBA), is in transition as the Trump Administration assumes leadership of the executive branch. At the SBA, among the Trump Administration’s first tasks are to populate the SBA with its appointees, starting with new SBA Administrator Linda E. McMahon to succeed Maria Contreras-Sweet, and establish its policy agenda for small businesses. One of the first policy questions facing the Trump Administration is whether it will continue, modify, or end several Obama Administration initiatives, including 7(a) loan guaranty...
Congress periodically establishes agricultural and food policy in an omnibus farm bill. The 115th Congress faces reauthorization of the 2014 farm bill—the Agricultural Act of 2014 (P.L. 113-79, H.Rept. 113-333)—because many of its provisions expire in 2018.
The 2014 farm bill is the most recent omnibus farm bill. It was enacted in February 2014 and succeeded the Food, Conservation, and Energy Act of 2008 (P.L. 110-246, “2008 farm bill”). In recent decades, the breadth of farm bills has steadily grown to include new and expanding food and agricultural interests. The 2014 farm bill contains...
EPA Policies Concerning Integrated Planning and Affordability of Water Infrastructure
For several years, the U.S. Environmental Protection Agency (EPA) has been working with states and cities to develop and implement new approaches that will achieve water quality goals cost-effectively and in a manner that “addresses the most pressing public health and environmental protection issues first.” Two recent EPA initiatives are an integrated planning policy and a framework policy for assessing a community’s financial capability to meet objectives and requirements of the Clean Water Act (CWA).
Pressed by municipalities about the financial challenges that they face in addressing...
U.S. World War I (1917-1918) Centennial
Background and Congressional Action
April 6, 2017, marks the 100th anniversary of the U.S. Declaration of War resolution against Germany and subsequent entry in “The Great War” (World War I). The United States remained neutral as war raged in Europe from summer 1914 to spring 1917. However, matters changed when Germany broke its pledge to limit submarine warfare in January 1917.
In response to the breaking of the Sussex pledge, the United States severed diplomatic relations with Germany. On January 16, 1917, British cryptographers deciphered a telegram from German Foreign Minister Arthur...
German Chancellor Angela Merkel Visits President Trump
German Chancellor Angela Merkel is scheduled to meet with President Donald Trump at the White House on March 17, 2017. The meeting—the first between the two leaders—comes amid uncertainty and unease in Europe about the direction of U.S.-German and U.S.-European relations during the Trump Administration. Merkel has led Europe’s largest and most prosperous country for almost 12 years and is widely viewed as the most influential political leader in Europe. Most analysts agree that the U.S.-German relationship could play a pivotal role in guiding U.S. policy toward Europe and vice...
Major Disaster Declarations for Snow Assistance and Severe Winter Storms: An Overview
The Federal Emergency Management Agency (FEMA) provides two types of assistance for winter incidents: (1) snow assistance, and (2) assistance for severe winter storms. The assistance is triggered by a presidential disaster declaration. The criteria used by FEMA to determine whether to recommend a declaration depend on the type of winter incident. Snow assistance is based on record, or near record snowfall according to official government reports on snow accumulations. Acceptable government reports are snowfall amounts measured and published by the National Oceanic and Atmospheric...
Ocean Energy Agency Appropriations, FY2017
This report discusses FY2017 appropriations for the Department of the Interior’s (DOI’s) Bureau of Ocean Energy Management (BOEM), Bureau of Safety and Environmental Enforcement (BSEE), and Office of Natural Resources Revenue (ONRR). The three agencies collectively administer federal ocean energy resources covering more than 1.7 billion acres on the U.S. outer continental shelf (OCS). BOEM administers offshore energy leasing, BSEE oversees offshore operational safety and environmental responsibility, and ONRR manages public revenues from federally regulated offshore and onshore energy...
Senate Judiciary Committee Hearings for Supreme Court Nominations: Historical Overview and Data
After a President submits a Supreme Court nomination to the Senate, the Judiciary Committee assumes the principal responsibility for investigating the background and qualifications of each Supreme Court nominee. Since the late 1960s, the Judiciary Committee’s consideration of a Supreme Court nomination typically has consisted of three distinct stages—(1) a pre-hearing investigative stage, followed by (2) public hearings, and concluding with (3) a committee decision as to whether to recommend approval of the nomination by the full Senate. This CRS Insight provides an historical overview of...
Taxpayers with Zero Income Tax Liability: Trends Over Time and Across Income Levels
An estimated 44% of U.S. households will pay no federal income tax in 2016. Some individuals or households do not pay federal income taxes because their income was below the filing threshold. Other individuals or households filing federal income tax returns pay no federal income tax due to either structural features or special provisions in the tax code. A 2011 analysis found that of nontaxable “tax units,” about half were made nontaxable by tax expenditures (special provisions in the tax code such as credits and deductions). The other half were made nontaxable by structural features of...
A Change in Direction for Seoul? The Impeachment of South Korea’s President
On March 10, 2017, South Korea’s Constitutional Court unanimously voted to uphold the impeachment of former President Park Geun-hye, nearly 11 months before her term was due to end. The decision was the latest development in a corruption scandal that has engulfed South Korean politics and the business world since October 2016, and comes against the backdrop of North Korean missile tests, Chinese anger at the deployment of a U.S. missile defense system in South Korea, and uncertainties about the direction of U.S. foreign policy under the Trump Administration. By law, South Korea must hold...
The Federal Power Act (FPA) and Electricity Markets
The electric power industry is in the process of transformation. The electricity infrastructure of the United States is aging; uncertainty exists around how to modernize the grid, and what technologies and fuels will be used to produce electricity in the future. Unresolved questions are arising about market structure, potential cyber and physical security threats, and continuing interest in harnessing low carbon sources of electricity. Concerns about reliability and electricity prices are being affected by new environmental regulations, and the rising availability of natural gas for the...
The layers of the Internet go far beyond the surface content that many can easily access in their daily searches. The other content is that of the Deep Web, content that has not been indexed by traditional search engines such as Google. The furthest corners of the Deep Web, segments known as the Dark Web, contain content that has been intentionally concealed. The Dark Web may be used for legitimate purposes as well as to conceal criminal or otherwise malicious activities. It is the exploitation of the Dark Web for illegal practices that has garnered the interest of officials and policy...
Asian Infrastructure Investment Bank (AIIB)
In October 2013, at the Asia-Pacific Economic Cooperation Summit in Bali, Indonesia, China proposed creating a new multilateral development bank (MDB), the Asian Infrastructure Investment Bank (AIIB). As its name suggests, the Bank's stated purpose is to provide financing for infrastructure needs throughout Asia, as well as in neighboring regions. As of January 2017, the AIIB has approved nine projects, investing a total of $1.7 billion.
The AIIB commenced operations on January 16, 2016. Membership in the AIIB is open to all members of the World Bank or the Asian Development Bank (ADB)....
Judge Neil M. Gorsuch: His Jurisprudence and Potential Impact on the Supreme Court
On January 31, 2017, President Donald J. Trump announced the nomination of Judge Neil M. Gorsuch of the U.S. Court of Appeals for the Tenth Circuit (Tenth Circuit) to fill the vacancy on the Supreme Court of the United States created by the death of Justice Antonin Scalia in 2016. Judge Gorsuch was appointed to the Tenth Circuit by President George W. Bush in 2006. The Tenth Circuit’s territorial jurisdiction covers Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming, and parts of Yellowstone National Park that extend into Idaho and Montana.
Immediately prior to his appointment to the...
Clean Power Plan: Legal Background and Pending Litigation in West Virginia v. EPA
On October 23, 2015, the U.S. Environmental Protection Agency (EPA) published its final Clean Power Plan rule (Rule) to regulate emissions of greenhouse gases (GHGs), specifically carbon dioxide (CO2), from existing fossil fuel-fired power plants. The aim of the Rule, according to EPA, is to help protect human health and the environment from the impacts of climate change. The Clean Power Plan would require states to submit plans to achieve state-specific CO2 goals reflecting emission performance rates or emission levels for predominantly coal- and gas-fired power plants, with a series of...
Northern Ireland’s Snap Assembly Elections: Outcome and Implications
On March 2, 2017, voters in Northern Ireland—which is one of four component “nations” of the United Kingdom (UK)—went to the polls in snap elections for Northern Ireland’s Assembly, its regional legislature. The Assembly is a key institution in Northern Ireland’s devolved government, in which specified powers have been transferred from London to Belfast, as set out in the 1998 peace agreement aimed at ending Northern Ireland’s 30-year sectarian conflict (in which almost 3,500 people died). The peace accord mandated that power in the devolved government would be shared between Northern...
Medicaid Financial Eligibility for Long-Term Services and Supports
Medicaid is a means-tested entitlement program that finances the delivery of health care and long-term services and supports (LTSS) to certain eligible low-income individuals. Established under Title XIX of the Social Security Act (SSA), the Medicaid program is state-operated within broad federal guidelines, and is jointly funded by the federal government and states. To qualify for Medicaid, individuals must meet certain categorical and financial requirements. To qualify for Medicaid LTSS, individuals must also meet state-based functional eligibility criteria that determine need for...
Protests in Cameroon: Context and Issues for Congress
Since late 2016, members of Cameroon’s minority Anglophone community have demonstrated against their perceived marginalization, exposing historic fissures in Cameroon’s diverse society and placing further strain on a government facing serious political and security challenges. The administration of long-serving President Paul Biya has responded forcefully, prompting international criticism. The unrest may be of interest to some Members of Congress, given possible implications for stability in Central Africa and U.S.-Cameroonian security cooperation to counter Boko Haram, the...
Municipal Broadband: Background and Policy Debate
Since the late 1990s, broadband Internet service has been deployed in the United States, primarily by private sector providers. While broadband deployment has been rapid and robust overall, there remain communities that are dissatisfied with their broadband service. Some of these communities have turned to public entities as possible broadband providers, with the expectation that municipal broadband networks (also referred to as “community broadband”) can deliver superior levels of speed, performance, and/or affordability than what is currently offered by private providers. Public entities...
U.S. Secret Service: Selected Issues and Executive and Congressional Responses
Since 1865, the U.S. Secret Service (USSS) has investigated counterfeiting, and since 1901, at the request of congressional leadership, the Service has provided full-time presidential protection.
The USSS has two primary purposes which are criminal investigations and protection. Criminal investigation activities include financial crimes, identity theft, counterfeiting, computer fraud, and computer-based attacks on the nation’s financial, banking, and telecommunications infrastructure, among other areas. The protection mission covers the President, Vice President, their families, and...
S. 385: The Energy Savings and Industrial Competitiveness Act of 2017 (Portman-Shaheen Bill)
S. 385 Provisions
Also known as the Portman-Shaheen bill, S. 385 has four energy efficiency titles (buildings, industry, federal agencies, and regulatory measures) and one title on budget matters.
Title I would update model building energy codes and encourage adoption by state and local governments and American Indian Tribes (§101); authorize grants to universities to establish building training and assessment centers (§111); authorize matching grants to nonprofit organizations to train industry-certified installers of energy-efficient technologies (§112); and provide technical assistance...
WTO Trade Facilitation Agreement
The Trade Facilitation Agreement (TFA), finalized in December 2013, is the newest international trade agreement in the World Trade Organization (WTO), having entered into force on February 22, 2017, when two-thirds of WTO members, including the United States, ratified the multilateral agreement. Congress has an interest in the TFA since it may affect U.S. trade flows, the U.S. economy, and international capacity building efforts.
Trade facilitation measures aim to simplify and streamline international trade procedures to allow the easier flow of trade across borders and thereby reduce the...
The FDA Medical Device User Fee Program: MDUFA IV Reauthorization
The Food and Drug Administration (FDA) is responsible for regulating medical devices. Medical devices are a wide range of products that are used to diagnose, treat, monitor, or prevent a disease or condition in a patient. A medical device company must obtain FDA’s prior approval or clearance before marketing many medical devices in the United States. The Center for Devices and Radiological Health (CDRH) within FDA is primarily responsible for medical device review and regulation. CDRH activities are funded through a combination of annual discretionary appropriations from Congress and user...
News and Transcript Resources: Fact Sheet
Searching for news items can sometimes be challenging. Despite the apparent ease of free online resources like Google News, there is a significant amount of news coverage (especially older or fee-based content) that is not freely available online, and which may be difficult to find. Although dozens of databases exist that contain news articles and transcripts, their content is often available only with a paid subscription, and they may be overwhelming to navigate if the user is not familiar with them. In addition, access to subscription news databases in congressional offices varies,...
U.S.-Mexican Water Sharing: Background and Recent Developments
The United States and Mexico share the waters of the Colorado River and Rio Grande pursuant to binational agreements. Increasing water demands and reduced supplies deriving from drought and air temperatures increase the challenges and significance of reliable water sharing.
The International Boundary and Water Commission (IBWC) is charged with addressing issues that arise during application of binational water treaties. The IBWC is a binational entity with a U.S. Section that operates under foreign policy guidance from the U.S. Department of State. Under the binational 1944 Water Treaty,...
GI Bill Legislation Enacted in the 114th Congress
The GI Bills® provide financial assistance to individuals, whose eligibility is based on their or a family member’s experience in the uniformed services, while they are enrolled in approved programs of education, including training programs. In FY2017, the GI Bills are estimated to provide over $14 billion in benefits to over 1 million veterans and servicemembers and their dependents. The largest program, the Post-9/11 GI Bill, is estimated to account for approximately 93% of the benefits and 80% of the participants. This report provides a description of and background information on...
The Greek Debt Crisis: Continuing Challenges
Nearly seven years after receiving its first financial rescue package, the Greek government continues to grapple with a serious debt crisis. Most economists believe that Greece’s public debt, more than 180% of Greek gross domestic product (GDP), is unsustainable. The ramifications of the debt have been felt throughout the Greek economy, which contracted by more than 25% from its pre-crisis level. Nearly a quarter of Greeks are unemployed.
In the immediate term, attention is focused on whether the Greek government will be able to make 6.3 billion (about $6.7 billion) in debt payments...
Transatlantic Relations: Change or Continuity?
Since the end of World War II, successive U.S. Administrations and many Members of Congress have supported a strong transatlantic relationship, largely built upon the pillars of NATO and the European Union (EU), and a shared U.S.-European commitment to an open international trading system. The creation of NATO was meant to provide collective defense and a U.S. security umbrella, while U.S. policymakers viewed the European integration project as a way to keep European nationalism in check, prevent another catastrophic conflict on the Continent, and entrench democratic systems and free...
Majority, Concurring, and Dissenting Opinions by Judge Neil M. Gorsuch
On January 31, 2017, President Trump announced the nomination of Judge Neil M. Gorsuch of the U.S. Court of Appeals for the Tenth Circuit (Tenth Circuit) to fill the vacancy on the Supreme Court left by the death of Justice Antonin Scalia on February 13, 2016. Judge Gorsuch has served as a judge on the Tenth Circuit since August 2006, and has also sat, by designation, on the U.S. Court of Appeals for the Ninth Circuit and the U.S. Court of Appeals for the District of Columbia Circuit.
This report provides a tabular listing of cases in which Judge Gorsuch authored a majority, concurring,...
The Scalia Vacancy in Historical Context: Frequently Asked Questions
The procedure for appointing a Justice to the Supreme Court of the United States is provided for by the Constitution in only a few words. The “Appointments Clause” (Article II, Section 2, clause 2) states that the President “shall nominate, and by and with the Advice and Consent of the Senate shall appoint ... Judges of the supreme Court.” The process of appointing Justices has undergone changes over two centuries, but its most basic feature—the sharing of power between the President and Senate—has remained unchanged. To receive a lifetime appointment to the Court, a candidate must first...
Anti-Money Laundering: An Overview for Congress
Anti-money laundering (AML) refers to efforts to prevent criminal exploitation of financial systems to conceal the location, ownership, source, nature, or control of illicit proceeds. Despite the existence of long-standing domestic regulatory and enforcement mechanisms, as well as international commitments and guidance on best practices, policymakers remain challenged to identify and address policy gaps and new laundering methods that criminals exploit. According to United Nations estimates recognized by the U.S. Department of the Treasury, criminals in the United States generate some $300...
An Overview of Recent Tax Reform Proposals
Many agree that the U.S. tax system is in need of reform. Congress continues to explore ways to make the U.S. tax system simpler, fairer, and more efficient. In doing so, lawmakers confront challenges in identifying and enacting policies, including consideration of competing proposals and differing priorities. To assist Congress as it continues to debate the intricacies of tax reform, this report provides a review of legislative tax reform proposals introduced since the 113th Congress.
Although no comprehensive tax reforms have been introduced into legislation yet in the 115th Congress,...
Federally Funded Academic Research Requirements: Background and Issues in Brief
For decades, the federal government and academic research institutions have been partners in supporting American innovation, competitiveness, and economic growth. The federal government is the largest source of academic research and development (R&D) funding in the United States, providing funds through more than two dozen federal agencies, with the National Institutes of Health (NIH) and the National Science Foundation (NSF) providing the largest portions of federal R&D funding to U.S. colleges and universities.
As part of oversight of federal funding for academic research, Congress and...
Filling Advice and Consent Positions at the Outset of Recent Administrations, 1981-2009
The length of the appointment processes during presidential transitions has been of concern to observers for more than 30 years. The process is likely to develop a bottleneck during this time due to the large number of candidates who must be selected, vetted, and, in the case of positions filled through appointment by the President with the advice and consent of the Senate (PAS positions), considered by that body.
The appointment process has three stages: selection and vetting, nomination and Senate consideration, and presidential appointment. Congress has taken steps to accelerate...
Provisions Affecting the Congressional Budget Process Included in H.Res. 5 (115th Congress)
On January 3, 2017, the House passed H.Res. 5, adopting the standing rules for the House of Representatives for the 115th Congress. In addition to the standing rules, H.Res. 5 included several separate orders. This report provides information on the standing rules and separate orders that might affect the congressional budget process.
“Dear Colleague” Letters in the House of Representatives: Past Practices and Issues for Congress
The practice of one Member, committee, or office broadly corresponding to other Members, committee, or officers dates back to at least the 1800s. At least as early as 1913, this correspondence was labeled as “Dear Colleague” letters. Since 2003, it has been possible to track the volume of House “Dear Colleague” letters sent through an email-based distribution system (from 2003 to 2008) and a web-based distribution system (since 2008). The creation of the web-based e-“Dear Colleague” distribution system in 2008 has made it possible to systematically examine “Dear Colleague” letters, thereby...
Health Care-Related Expiring Provisions of the 115th Congress, First Session
This report provides descriptions of selected health care-related provisions that are scheduled to expire during the 115th Congress, first session (i.e., during calendar year [CY] 2017). For purposes of this report, expiring provisions are defined as portions of law that are time limited and will lapse once a statutory deadline is reached absent further legislative action. The expiring provisions included in this report are those related to Medicare, Medicaid, State Children’s Health Insurance Program (CHIP), and private health insurance programs and activities. The report also includes...
Current Ballistic Missile Defense (BMD) Issues
Little detail is currently available about the Trump Administration’s agenda for missile defense and whether current policy or program direction might change. The Administration has thus far said only that it will “develop a state-of-the-art missile defense system to protect against missile-based system attacks from states like Iran and North Korea.” A detailed defense budget will not be presented until later this spring, so there is uncertainty as to what precisely the BMD budget and program will look like. Ongoing BMD issues of interest to Congress are summarized below.
Legislative...
Oil Market Effects of a Tax on Mexican Imports
In 2016, the United States imported 588 thousand barrels per day (m/d) of Mexican crude oil valued at $7.6 billion. Recently, the Trump Administration floated the idea of imposing of a 20% tax on imports from Mexico, presumably including crude oil imports, to fund the construction of a wall along the U.S.-Mexican border. Although subsequent Administration statements have raised doubts about this specific proposal, a tax on Mexican crude oil could have implications for the North American oil market. Effects on the relative prices of crude oil in the region could create market inefficiencies...
Since the United States embarked on a strategy to counter the Islamic State (also known as ISIL or ISIS) in 2014, some Members of Congress have raised concerns about the President’s underlying authority to engage in anti-IS military operations. In the 114th Congress, both houses of Congress took steps to revisit the possibility of considering legislation to provide authority for the use of military force (AUMF) against the Islamic State. Interest has continued into the first session of the 115th Congress and with the start of the Trump Administration.
In 2014, the armed offensive of the...
Housing Issues in the 114th Congress
Housing and residential mortgage markets in the United States are continuing to recover from several years of turmoil that began in 2007-2008, though the recovery has been uneven across the country. Nationally, home prices have been consistently increasing since 2012. Negative equity and mortgage foreclosure rates have been steadily decreasing, though both remain elevated. Home sales have begun to increase, with sales of existing homes approaching levels that were common in the early 2000s, though sales of new homes and housing starts remain relatively low.
Mortgage originations have also...
Child Welfare: Oversight of Psychotropic Medication for Children in Foster Care
Children in foster care are children that the state has removed from their homes and placed in another setting designed to provide round-the-clock care (e.g., foster family home, group home, child care institution). The large majority of children enter foster care because of neglect or abuse at the hands of their parents. Maltreatment by a caregiver is often traumatic for children, and may lead to children having challenges regulating their emotions and interpreting cues and communication from others, among other problem behaviors. Children in foster care are more likely to have mental...
Medicare Advantage (MA)–Proposed Benchmark Update and Other Adjustments for CY2018: In Brief
SUMMARY TO BE SUPPRESSED
Medicare Advantage MA Part C Advance notice of methodological changes for CY2018 Capitation Rates, AHIP Benchmark Bid National Per Capita MA Growth Percentage US Per Capita Cost Growth Percentage USPCC, NPCMAGP EGWP Employer Group Waiver risk adjustment normalization cap payments quality bonus payment demonstration applicable amount specified amount Affordable Care Act phase-in to new benchmark coding pattern differences normalization ACA (P.L. 111-148, as amended)
U.S. Sanctions and Russia’s Economy
In response to Russia’s annexation of the Crimean region of neighboring Ukraine and its support of separatist militants in Ukraine’s east, the United States imposed a number of targeted economic sanctions on Russian individuals, entities, and sectors. The United States coordinated its sanctions with other countries, particularly the European Union (EU). Russia retaliated against sanctions by banning imports of certain agricultural products from countries imposing sanctions, including the United States.
U.S. policymakers are debating the use of economic sanctions in U.S. foreign policy...
Key Historical Court Decisions Shaping EPA’s Program Under the Clean Air Act
This report provides a selective overview of court decisions that historically have most shaped EPA’s program under the Clean Air Act (CAA or Act). Court decisions described in the report deal with the following:
National ambient air quality standards (NAAQSs), holding that in setting the standards EPA is not to consider economic and technological feasibility.
State implementation plans for achieving NAAQSs, holding that EPA may not consider economic and technological feasibility in approving or disapproving such plans, or that the state plan is more stringent than necessary, or does not...
Challenges for U.S. Policymakers in Latin America and the Caribbean
The Latin American and Caribbean region has made significant political and economic advances over the past three decades, but challenges remain. Regular free and fair elections are the norm in most countries; in 2017, presidential elections are scheduled for Ecuador in February and Chile and Honduras in November, while parliamentary elections are due in the Bahamas by May. The quality of democracy, however, has eroded in several countries affected by organized crime, corruption, and the executive’s abuse of power. The rise of leftist populism, most prominently in Venezuela, has led to the...
In 2005, the United States imported approximately 217 million barrels of oil-sands-derived crude oils from Canada. In 2015, that figure increased to 587 million barrels, accounting for approximately 22% of crude oil imports from all nations. Pipeline oil spills, including the 2010 Enbridge spill in Michigan and the 2013 ExxonMobil spill in Arkansas, involved this material and generated interest from policymakers and a variety of stakeholders.
The Oil Spill Liability Trust Fund (OSLTF) provides an immediate source of federal funding to respond to oil spills in a timely manner. Monies from...
President Trump’s executive order (EO) “Enhancing Public Safety in the Interior of the United States” issued on January 25, 2017, seeks, among other things, to penalize “sanctuary jurisdictions.” The latter is an informal term referring to states and localities that limit their cooperation with federal agencies on immigration law enforcement. In the immigration context, the EO may raise legal questions about the extent to which states and localities must comply with federal immigration law enforcement efforts and the potential consequences for not cooperating with these efforts.
What Are...
Army Corps Easement Process and Dakota Access Pipeline Easement Status
The Dakota Access Pipeline (DAPL) is a 1,172-mile pipeline system to transport oil from North Dakota to Illinois. The pipeline’s developer is pursuing a route that would cross under the Missouri River on federally owned land in North Dakota at the Lake Oahe project of the U.S. Army Corps of Engineers (Corps). Public debate and litigation over the pipeline has raised questions for Congress regarding the Corps’ process for granting pipeline easements to cross federally owned, Corps-managed land (hereinafter referred to as Corps land), including the scope of impacts considered, especially oil...
“Fiscal Space” and the Federal Budget
Policymakers are interested in the concept of “fiscal space,” or the amount of room available for additional government borrowing, as they discuss plans for the federal budget. Though budget deficits have declined in recent years, debt held by the public was estimated to equal 77.0% of gross domestic product (GDP) at the end of FY2016, which would represent the highest ratio since FY1950. This Insight examines contributing factors to fiscal space availability and discusses recent developments. Assuming a continuation of low interest rates, it is unlikely that fiscal space will constrain...
Long-Term Care Services for Veterans
The Veterans Health Administration (VHA), an operating unit of the Department of Veterans Affairs (VA), is a direct service provider of health care, similar in many ways to a large private sector health care system. In addition to providing inpatient, outpatient, and a range of other medical care services, the VHA provides and purchases long-term care services. The VA is one of two federal payers of long-term care services (the other being Medicaid).
Since the 1960s, the VA has been authorized to provide nursing home care to eligible veterans in various settings, including VA facilities,...
The Federal Budget Deficit and the Business Cycle
The annual federal budget deficit has fallen significantly over the course of the current economic expansion, from a high of 9.8% of gross domestic product (GDP) in FY2009 to 3.2% of GDP in FY2016. However, the debt held by the public has continued to increase, and was equal to 77.0% of GDP at the end of FY2016, the highest level since FY1950. This Insight discusses how deficits responded to previous expansions and recessions. Based on historical experience, recent trends toward achieving fiscal sustainability are likely to reverse the next time the economy enters a recession.
The Deficit...
India’s Natural Gas: A Small Part of the Energy Mix
India’s population is expected to surpass China as the world’s largest by 2022, reaching approximately 1.4 billion people, creating greater demand for energy. India has the potential to be a much larger producer and consumer of natural gas. Competing political and economic factors have limited the government’s effectiveness in changing the country’s energy mix, which is heavily weighted toward coal and oil. Continually beset by high-profile environmental issues such as major air pollution and contaminated water supplies due to their reliance on coal and oil, the Indian government is now...
Congressional Gold Medals, 1776-2016
Senators and Representatives are frequently asked to support or sponsor proposals recognizing historic events and outstanding achievements by individuals or institutions. Among the various forms of recognition that Congress bestows, the Congressional Gold Medal is often considered the most distinguished. Through this venerable tradition, the occasional commissioning of individually struck gold medals in its name, Congress has expressed public gratitude on behalf of the nation for distinguished contributions for more than two centuries. Since 1776, this award, which initially was bestowed...
Financing the U.S. Trade Deficit
The U.S. merchandise trade deficit is a part of the overall U.S. balance of payments, a summary statement of all economic transactions between the residents of the United States and the rest of the world, during a given period of time. Some Members of Congress and other observers have grown concerned over the magnitude of the U.S. merchandise trade deficit and the associated increase in U.S. dollar-denominated assets owned by foreigners. International trade recovered from the global financial crisis of 2008-2009 and the subsequent slowdown in global economic activity that reduced global...
More Low-Cost Transatlantic Flights May Shake Airline Industry
On December 2, 2016, the U.S. Department of Transportation (DOT) issued its final decision approving Norwegian Air International’s (NAI’s) application for a foreign air carrier permit to operate transatlantic flights to U.S. destinations. This action is expected to lead to a substantial increase in discount airline service across the North Atlantic over the next few years.
DOT approval came after contentious exchanges between opponents and supporters and was deferred for three years after NAI submitted its application on December 2, 2013. DOT’s delay in granting or denying the permit led...
Wildfire Suppression Spending: Background, Issues, and Legislation
Congress has directed that the federal government is responsible for managing wildfires that begin on federal lands, such as national forests or national parks. The states are responsible for managing wildfires that originate on all other lands. Although a greater number of wildfires occur annually on nonfederal lands, wildfires on federal lands tend to be much larger, particularly in the western United States. The federal government’s wildfire management responsibilities—fulfilled primarily by the Forest Service (FS) and the Department of the Interior (DOI)—include prevention, detection,...
Family and Medical Leave Act (FMLA): Proposed Legislation in the 114th Congress
The Family and Medical Leave Act of 1993 (FMLA; P.L. 103-3, as amended) entitles eligible employees to unpaid, job-protected leave for certain family and medical needs, with continuation of group health plan benefits.
Through the act, Congress sought to strike a balance between workplace responsibilities and workers’ growing need to take leave for significant family and medical events. Subsequently, Congress added new categories of leave that allow eligible employees to address certain military exigencies stemming from the deployment of a close family member to a foreign country and to...
Iran Missile Tests and Sanctions
Policy Context
On February 1, 2017, the Trump Administration announced that it was “officially putting Iran on notice” for recent actions that “threaten U.S. friends and allies in the region,” including the January 29 test of a ballistic missile and “weapons transfers [to groups such as Houthi rebels in Yemen], support for terrorism, and other violations of international norms.” The July 2015 multilateral nuclear agreement with Iran, the “Joint Comprehensive Plan of Action” (JCPOA), does not restrict Iran’s ballistic missile programs. However, U.N. Security Council Resolution 2231, which...
Iraqi and Afghan Special Immigrant Visas (SIVs)
The executive order “Protecting the Nation from Foreign Terrorist Entry into the United States,” issued on January 27, 2017, includes provisions to generally suspend the entry into the United States of immigrant and nonimmigrant visa holders from seven countries. These provisions have raised questions about the Iraqi and Afghan special immigrant visa (SIV) programs, which enable certain individuals who have worked for the U.S. government in Iraq or Afghanistan to become lawful permanent residents (LPRs) of the United States. Iraq is among the seven countries referenced in the executive...
U.S. Foreign Assistance to Latin America and the Caribbean: Trends and FY2017 Appropriations
Geographic proximity has forged strong linkages between the United States and the nations of Latin America and the Caribbean, with U.S. interests encompassing economic, political, and security concerns. U.S. policymakers have emphasized different strategic interests in the region at different times, from combating Soviet influence during the Cold War to advancing democracy and open markets since the 1990s. During the Obama Administration, U.S. policy toward the region chiefly sought to strengthen democratic governance, defend human rights, improve citizen security, enhance social inclusion...
Bypassing Senate Committees: Rule XIV and Unanimous Consent
Most bills and joint resolutions introduced in the Senate, and many House-numbered bills and joint resolutions received by the Senate after House passage, are referred to committee. Some bills and joint resolutions, however, are not referred to committee. This report examines the alternative procedures and actions that the Senate uses to bypass committee consideration of bills and joint resolutions. It also provides examples of how the Senate uses these alternative procedures and actions to facilitate consideration and passage of some bills and joint resolutions.
Provisions of Senate Rule...
Discretionary Spending Under the Affordable Care Act (ACA)
The Affordable Care Act (ACA) authorized many new discretionary grant programs and provided each one with an authorization of appropriations—typically through FY2014 or FY2015—to carry them out. The ACA also reauthorized funding for numerous existing programs with expired authorizations of appropriations, most of which were still receiving annual funding.
The Congressional Budget Office (CBO) estimated that fully funding the discretionary grant programs authorized (or reauthorized) by the ACA, based on the amounts specified in the authorizations of appropriations, would result in...
Cars, Trucks, Aircraft, and EPA Climate Regulations
This report discusses EPA’s authority to regulate greenhouse gas (GHG) emissions as it pertains to mobile sources, including cars, trucks, aircraft, ships, locomotives, nonroad vehicles and engines, and their fuels. The Supreme Court held in 2007 that the Clean Air Act (CAA) authorizes the agency to address GHG emissions. The key to using this CAA authority was for the EPA Administrator to find that GHG emissions endanger public health or welfare, a step taken in December 2009.
Under the Trump Administration, it is unclear whether this authority will be put to further use. Other questions...
Congress is deeply divided over implementation of the Affordable Care Act (ACA), the health reform law enacted in March 2010 during the 111th Congress. Since the ACA’s enactment, lawmakers opposed to specific provisions in the ACA or the entire law have repeatedly debated its implementation and considered bills to repeal, defund, delay, or otherwise amend the law.
During the 112th, 113th, and 114th Congresses, the Republican-led House passed numerous ACA-related bills, including legislation that would repeal the entire law. There was much less debate in the Senate, which remained under...
On December 20, 2016, the U.S. Department of Agriculture’s (USDA’s) Grain Inspection, Packers and Stockyards Administration (GIPSA) released the Farmer Fair Practices Rules consisting of an interim final rule and two proposed rules that address marketing and competition issues for livestock and poultry markets. GIPSA initially proposed these rules in 2010 to implement 2008 farm bill (P.L. 110-246) provisions, and they are commonly referred to as the “GIPSA rule.”
The GIPSA rule was intended to ensure fair competition in livestock and poultry markets by clarifying what constituted a...
Appropriations and Fund Transfers in the Affordable Care Act (ACA)
Implementation of the Patient Protection and Affordable Care Act (Affordable Care Act, or ACA) is having a significant impact on federal mandatory—also known as direct—spending. Most of the projected spending under the law is for expanding health insurance coverage. This spending includes premium tax credits and other subsidies for individuals and families that purchase private insurance coverage through the health insurance exchanges established under the ACA, as well as federal matching funds for states that have expanded their Medicaid programs.
In addition, the ACA included numerous...
Proposals to Eliminate Public Financing of Presidential Campaigns
Recent Congresses have debated whether or how to maintain the presidential public financing program, which consisted of financing for candidates and nominating conventions until 2014. The 113th Congress eliminated public financing of nominating conventions. Amid this backdrop, there is consensus that, with no change in the status quo, the most competitive presidential candidates—who may still choose to accept public financing if they wish to do so—will either need substantial additional resources via a reformed public financing program or will decline public financing entirely. None of the...
The Loss of Quorum at the Federal Energy Regulatory Commission
On January 25, 2017, President Trump designated Commissioner Cheryl LaFleur of the Federal Energy Regulatory Commission (FERC or the Commission) to serve as acting chairwoman of FERC, replacing Norman Bay as chair. Commissioner Bay subsequently resigned from the Commission effective February 3, 2017, leaving FERC without a voting quorum of three members, since only acting Chairwoman LaFleur and Commissioner Colette Honorable remain as members of the Commission. The absence of a quorum limits FERC’s authority to issue orders concerning projects or rate and tariff issues. A quorum will not...
Public Charge Grounds of Inadmissibility and Deportability: Legal Overview
The Immigration and Nationality Act (INA) has long provided for aliens’ exclusion and deportation from the United States on “public charge” grounds. Under current law, aliens outside the United States who seek to obtain visas at U.S. consulates overseas, or admission at U.S. ports of entry, are generally denied entry if they are deemed “likely at any time to become a public charge.” Aliens within the United States who seek to adjust their status to that of lawful permanent resident (LPR), or who entered the United States without inspection, are also generally subject to this ground of...
Cabo Verde: Background and U.S. Relations
Cabo Verde, a small island nation of just over half a million people located off the west coast of Africa, is of strategic significance to the United States because its geographic location has made the country a transshipment point for Latin American cocaine bound for Europe and a key refueling stopover for trans-Atlantic air traffic between Africa and the United States.
The country is also a long-standing U.S. ally in Africa that the State Department has cited as a model of democratic governance in the region since its transition from single party rule to a multi-party political system...
Why Did March 2016 U.N. Sanctions Not Curb China’s Imports of Coal from North Korea?
On March 2, 2016, the United Nations Security Council adopted Resolution 2270 (UNSCR 2270), imposing new sanctions on North Korea (also known as the Democratic People’s Republic of Korea, or DPRK) in response to the country’s fourth nuclear test. One target of the resolution was North Korea’s income from coal. North Korea’s annual earnings from coal exports were estimated to be “approximately a billion dollars,” according to the U.S. Ambassador to the United Nations at the time, Samantha Power. She said UNSCR 2270’s limits on coal and other North Korean exports would make it “tougher for...
“El Chapo” Guzmán’s Extradition: What’s Next for U.S.-Mexican Security Cooperation?
The notorious drug trafficking kingpin Joaquín “El Chapo” Guzmán is in U.S. custody, following the Mexican government’s high-profile decision to extradite him to the United States on January 19, 2017, the day before President Donald J. Trump took office. According to a 2016 superseding indictment filed with the Eastern District Court of New York, Guzmán is charged with operating a continuing criminal enterprise and conducting drug-related crimes as the purported leader of the Mexican criminal syndicate commonly known as the Sinaloa Cartel. According to the Drug Enforcement Administration,...
The Pacific Islands: Policy Issues
The Pacific Islands region, also known as the South Pacific or Southwest Pacific, presents
Congress with a diverse array of policy issues. It is a strategically important region with which the United States shares many interests with Australia and New Zealand. The region has attracted growing diplomatic and economic engagement from China, a potential competitor to the influence of the United States, Australia, and New Zealand. Congress plays key roles in approving and overseeing the administration of the Compacts of Free Association that govern U.S. relations with the Marshall Islands,...
Foreign Assistance: The Mexico City Policy
On January 23, 2017, President Trump issued a memorandum reinstating the “Mexico City policy,” which requires foreign nongovernmental organizations (NGOs) receiving certain types of U.S. assistance to certify that they will not perform or actively promote abortion as a method of family planning, even if such activities are conducted with non-U.S. funds.
Background and Context: Key Administration Actions
The Mexico City policy has remained a controversial issue in U.S. foreign assistance. Since it was first issued by President Reagan in 1984, the policy has been established and rescinded...
Mexican-U.S. Relations: Increased Tensions
On January 26, 2017, Mexican President Enrique Peña Nieto canceled an upcoming meeting with President Donald J. Trump after exchanges between the two leaders over social media concerning U.S. policies toward Mexico. In an address on January 25, President Peña Nieto vowed to protect Mexican migrants in the United States who are vulnerable to deportation and reiterated Mexico’s refusal to pay for a border wall but also stated his “willingness to reach agreements” if they are in Mexico’s interest. Mexicans have strongly supported Peña Nieto’s actions with respect to President Trump. After a...
The 1996 welfare reform law (P.L. 104-193) created the Temporary Assistance for Needy Families (TANF) block grant. TANF’s predecessor program, Aid to Families with Dependent Children (AFDC), historically assisted non-working single mothers. The debates leading to the 1996 law focused on how to move those single mothers from welfare to work.
TANF provides states with flexibility in how they design their programs. It has national goals, one of which is ending dependence of needy parents on government benefits by, in part, promoting job preparation and work. To enforce that goal, TANF...
On January 27, 2017, President Trump signed an executive order (EO) entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States.” Invoking Immigration and Nationality Act (INA) §212(f), the President barred citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States for 90 days, with limited exceptions for those traveling on diplomatic and certain other types of visas. The action has given rise to the question of how these seven countries were selected.
The EO does not specifically mention the seven countries. Instead, the EO...
This Insight provides comparative historical data related to U.S. district court vacancies that existed at the beginning and end of the Obama presidency (as well as at the beginning and end of the presidencies of his two most recent predecessors, Presidents George W. Bush and Clinton). This Insight also provides a geographic overview of the location of district court vacancies that existed on President Obama’s final full day in office (i.e., on January 19, 2017), as well as the location of vacancies deemed “judicial emergencies” by the Administrative Office of U.S. Courts.
At present,...
The Airport and Airway Trust Fund (AATF): An Overview
The Airport and Airway Trust Fund (AATF), sometimes referred to as the aviation trust fund, has been the primary funding source for federal aviation programs since 1972. It provides all funding for three major accounts of the Federal Aviation Administration (FAA): the Airport Improvement Program (AIP), Facilities and Equipment (F&E), and Research, Engineering, and Development (RE&D). It also pays for most spending from FAA’s Operations and Maintenance (O&M) account.
The trust fund is funded principally by a variety of taxes paid by users of the national aviation system. Revenue sources for...
This Insight provides comparative historical data related to U.S. circuit court vacancies that existed at the beginning and end of the Obama presidency (as well as at the beginning and end of the presidencies of his two most recent predecessors, Presidents George W. Bush and Clinton). This Insight also provides a geographic overview of the location of circuit court vacancies that existed on President Obama’s final full day in office (i.e., on January 19, 2017), as well as the location of vacancies deemed “judicial emergencies” by the Administrative Office of U.S. Courts.
At present,...
Present Trends and the Evolution of Mandatory Spending
Federal spending is divided into three broad categories: discretionary spending, mandatory spending, and net interest. Mandatory spending is composed of budget outlays controlled by laws other than appropriation acts, including federal spending on entitlement programs. Entitlement programs such as Social Security, Medicare, and Medicaid make up the bulk of mandatory spending. Other mandatory spending funds various income support programs, including Supplemental Security Income (SSI), unemployment insurance, and the Supplemental Nutrition Assistance Program (SNAP), as well as federal...
Major Agricultural Trade Issues in the 115th Congress
Trade, particularly exports, is critical to the vitality of American agriculture. On average, foreign markets absorb about one-fifth of U.S. agricultural production, thus contributing significantly to the health of the farm economy. The positive economic effects of trade in farm products are felt well beyond the farm gate. Farm product exports make up about 10% of total U.S. exports and contribute positively to the U.S. balance of trade. The economic benefits of agricultural exports also extend across rural communities, while overseas farm sales help to buoy a wide array of industries...
The National Network for Manufacturing Innovation
Congress maintains a strong interest in the health of U.S. manufacturing due to its central role in the U.S. economy and national defense. In 2012, in his FY2013 budget, President Obama proposed the creation of a National Network for Manufacturing Innovation (NNMI) to help accelerate innovation by investing in industrially relevant manufacturing technologies with broad applications, and to support manufacturing technology commercialization by bridging the gap between the laboratory and the market. The proposal included a request for $1 billion in mandatory funding for the National...
The 2015 National Security Strategy: Authorities, Changes, Issues for Congress
The Obama Administration released a new National Security Strategy (NSS) on February 6, 2015. It was the second NSS document to be published by the Administration; the first was published in May 2010. The 2015 document states that its purpose is to “set out the principles and priorities to guide the use of American power and influence in the world.” The NSS is a congressionally mandated document, originating in the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (P.L. 99-433, §603/50 U.S.C §3043).
The 2015 NSS emphasizes the role of U.S. leadership; the words “lead,”...
U.S. Crude Oil Exports to International Destinations
On December 18, 2015, Congress passed H.R. 2029—the Consolidated Appropriations Act, 2016—which was signed into law as P.L. 114-113. A provision contained in P.L. 114-113 repealed a 40-year prohibition, with exceptions, on the export of crude oil produced in the United States. Removing this prohibition and its associated restrictions provides producers, shippers, and traders with options to market and sell crude oil internationally. Prior to the removal of export restrictions, exceptions resulted in approximately 500,000 barrels per day of crude oil exports—nearly all to Canada—during...
Cross-Border Energy Trade in North America: Present and Potential
The United States, Canada, and Mexico in many ways comprise one large, integrated market for energy commodities. Canada, for example, is the single largest foreign supplier of crude oil to the United States, and the United States is Canada’s sole crude oil customer. Both Mexico and Canada are major buyers of petroleum products refined in the United States. A growing trade in natural gas produced in the United States is also increasingly important to the energy relationship among the three countries. Trade in the other energy commodities—electricity, natural gas liquids, and coal—is...
Trump Administration Changes to the National Security Council: Frequently Asked Questions
On January 28, 2017, the Trump Administration issued National Security Presidential Memorandum (NSPM) 2: Organization of the National Security Council and the Homeland Security Council. The memorandum details how the executive branch intends to manage and coordinate national and homeland security issues among relevant departments and agencies. In keeping with the practices of prior administrations, the White House issued the memorandum early in its tenure. Since the memorandum was signed, some media reports have incorrectly characterized the manner in which the Trump administration appears...
This report discusses Nicaragua’s current politics, economic development, and relations with the United States, and it provides context for Nicaragua’s controversial reelection of President Daniel Ortega late last year. After its civil war ended, Nicaragua began to establish a democratic government in the early 1990s. Its institutions remained weak, however, and they have become increasingly politicized since the late 1990s. Ortega was a Sandinista (Frente Sandinista de Liberacion Nacional, FSLN) leader when the Sandinistas overthrew the dictatorship of Anastasio Somoza in 1979. Ortega was...
The 10-20-30 Rule and Persistent Poverty Counties
Anti-poverty interventions that provide resources to local communities, based on the characteristics of those communities, have been of interest to Congress. One such policy, dubbed the “10-20-30 rule,” was implemented in the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5). Title I, Section 105 of ARRA required the Secretary of Agriculture to allocate at least 10% of funds from three rural development program accounts to persistent poverty counties; that is, to counties that have had poverty rates of 20% or more for the past 30 years, as measured by the 1980, 1990, and...
Legislative Planning: Considerations for Congressional Staff
The Congressional Research Service frequently receives inquiries about legislative planning. Legislative and office action plans are often used by congressional offices for almost every significant project, from organizing an extensive conference in the district or state to introducing and guiding legislation. A major action plan requires a firm understanding of the project’s goal, a research strategy, and a time line for completing the project.
This report presents some of the factors usually considered in preparing an action plan. The information is provided in three sections. The first...
One-Minute Speeches: Current House Practices
Recognition for one-minute speeches (commonly called “one minutes”) in the House of Representatives is the prerogative of the Speaker. A period for one minutes usually takes place at the beginning of the legislative day after the daily prayer, the Pledge of Allegiance, and approval of the previous day’s Journal. During this time, Representatives ask unanimous consent to address the House for one minute on a topic of their choice. In addition, one-minute speeches are often permitted after legislative business ends, but before special order speeches begin.
The rules of the House do not...
Endangered Species Act (ESA): The Exemption Process
The Endangered Species Act (ESA) is designed to protect species from extinction, but it includes an exemption process for those unusual cases where the public benefit from an action is determined to outweigh the harm to the species. This process was created by a 1978 amendment to the ESA, but it is rarely used. This report will discuss the exemption process for an agency action, with examples from past controversies, and its potential for application to actions that may affect current controversies, such as water supply.
The ESA mandates listing and protecting species that are endangered...
Special Order Speeches: Current House Practices
Special order speeches (commonly called “special orders”) usually take place at the end of the day after the House has completed all legislative business. During the special order period, individual Representatives deliver speeches on topics of their choice for up to 60 minutes. Special orders provide one of the few opportunities for non-legislative debate in the House. They also give Members a chance to speak outside the time restrictions that govern legislative debate in the House and the Committee of the Whole.
The rules of the House do not provide for special order speeches. Instead,...
Veterans’ Benefits: Eligibility of Merchant Mariners
Although merchant mariners have supported the Armed Forces in every war fought by the United States, they generally are not considered veterans for the purpose of eligibility for federal benefits. Pursuant to legislation enacted in 1977 (P.L. 95-202) and 1988 (P.L. 105-368) and to decisions made by the Secretary of the Air Force in 1985 and 1988, the following groups of World War II-era merchant mariners are the only merchant mariners eligible for veterans’ benefits.
Eligible for all veterans’ benefits:
United States merchant seamen who served on blockships in support of Operation...
Barriers Along the U.S. Borders: Key Authorities and Requirements
Federal law authorizes the Department of Homeland Security (DHS) to construct barriers along the U.S. borders to deter illegal crossings. DHS is also required to construct reinforced fencing along at least 700 miles of the land border with Mexico (a border that stretches 1,933 miles). Congress has not provided a deadline for DHS to meet this 700-mile requirement, and as of the date of this report, fencing would need to be deployed along nearly 50 additional miles to satisfy the 700-mile requirement. Nor has Congress provided guidelines regarding the specific characteristics of fencing or...
Congress included provisions in the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96) for planning, building, and managing a new, nationwide, broadband network for public safety communications, by creating the First Responder Network Authority (FirstNet). The act allocated 10 MHz of additional radio frequency spectrum to accommodate the new network and required that the Federal Communications Commission (FCC) assign a license to FirstNet, comprising the newly designated frequencies plus 10 MHz previously assigned to states by the FCC for public safety use. In addition, the...
United Kingdom’s Prime Minister Visits President Trump
The Special Relationship
On January 27, 2017, United Kingdom (UK) Prime Minister Theresa May is scheduled to be the first foreign leader to meet with President Donald Trump at the White House. Officials on both sides regard the visit as an important opening discussion intended to set the tone of relations between the two leaders and reaffirm key priorities for the U.S.-UK “special relationship.” Many U.S. officials and Members of Congress have traditionally viewed the United Kingdom as the United States’ closest ally, citing the two countries’ extensive and long-standing cooperation on...
Encryption and the “Going Dark” Debate
Changing technology presents opportunities and challenges for U.S. law enforcement. Some technological advances have arguably opened a treasure trove of information for investigators and analysts; others have presented unique hurdles. While some feel that law enforcement now has more information available to them than ever before, others contend that law enforcement is “going dark” as their investigative capabilities are outpaced by the speed of technological change. These hurdles for law enforcement include strong, end-to-end (or what law enforcement has sometimes called “warrant-proof”)...
Suspension of Scheduled Fee Decrease for FHA-Insured Mortgages
In the final weeks of the Obama Administration, the Federal Housing Administration (FHA) announced that it planned to reduce fees charged to households who obtained new FHA-insured mortgages. However, on January 20, the first day of the Trump Administration, FHA announced that it was suspending the planned fee decrease before it went into effect. This Insight describes FHA mortgage insurance fees and common arguments for and against decreasing them.
Background
Most mortgage lenders require homebuyers with down payments below 20% to purchase some kind of mortgage insurance that protects...
The Temporary Assistance for Needy Families (TANF) Block Grant Legislation in the 114th Congress
P.L. 114-254, the further continuing resolution for FY2017, extended funding and program authority for the Temporary Assistance for Needy Families (TANF) block grant through April 28, 2017. Though several bills that would have changed TANF policies were reported by the House Ways and Means Committee to the full House during the 114th Congress—and one bill passed the House—none were enacted.
The TANF block grant funds grants to states, tribes, and territories for providing benefits, services, and activities to broadly address both the effects and root causes of childhood economic and social...
The Senate “hold” is an informal practice whereby Senators communicate to Senate leaders, often in the form of a letter, their policy views and scheduling preferences regarding measures and matters available for floor consideration. Unique to the upper chamber, holds can be understood as information-sharing devices predicated on the unanimous consent nature of Senate decision-making. Senators place holds to accomplish a variety of purposes—to receive notification of upcoming legislative proceedings, for instance, or to express objections to a particular proposal or executive nomination—but...
SEC Regulatory Accountability Act (H.R. 78) Would Require More SEC Cost-Benefit Analysis
The SEC Regulatory Accountability Act (H.R. 78) passed in the House of Representatives by a recorded vote of 243 to 184 on January 12, 2017. Under current law, the Securities and Exchange Commission (SEC) is required to perform certain cost-benefit analysis (CBA)—a systematic and sometimes quantified examination of potential economic costs and benefits resulting from the implementation of a proposed rule—as part of the rulemaking process. H.R. 78 would impose additional cost-benefit requirements for the SEC, would specify parameters and considerations that must be part of the analysis, and...
Energy-Water Nexus: The Water Sector’s Energy Use
Water and energy are resources that are reciprocally and mutually linked, because meeting energy needs requires water, often in large quantities, for mining, fuel production, hydropower, and power plant cooling, and energy is needed for pumping, treatment, and distribution of water and for collection, treatment, and discharge of wastewater. This interrelationship is often referred to as the energy-water nexus, or the water-energy nexus. There is growing recognition that “saving water saves energy.” Energy efficiency initiatives offer opportunities for delivering significant water savings,...
Privileged Business on the House Floor
Privileged business is the legislative business of the House that Members have a right to call up for consideration on the floor when the House is not engaged in considering some other matter. Privileged business consists of various kinds of bills, resolutions, and other matters. (The concept and list of privileged motions, such as the motion to adjourn, are not discussed here.).
Executive Authority to Exclude Aliens: In Brief
The Immigration and Nationality Act (INA) provides that individual aliens outside the United States are “inadmissible”—or barred from admission to the country—on health, criminal, security, and other grounds set forth in the INA. However, the INA also grants the Executive several broader authorities that could be used to exclude certain individual aliens or classes of aliens for reasons that are not specifically prescribed in the INA.
Section 212(f) of the INA is arguably the broadest and best known of these authorities. It provides, in relevant part, that
Whenever the President finds...
Blue-Slipping: Enforcing the Origination Clause in the House of Representatives
Article I, Section 7, clause 1 of the U.S. Constitution is known generally as the Origination Clause because it requires that
[a]ll bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.
As generally understood, this clause carries two kinds of prohibitions. First, the Senate may not originate any measure that includes a provision for raising revenue, and second, the Senate may not propose any amendment that would raise revenue to a non-revenue measure. However, the Senate may generally amend a...
Considering Measures in the House Under the One-Hour Rule
The fundamental rule of the House of Representatives governing debate is the one-hour rule. Clause 2 of Rule XVII states in part that no one shall “occupy more than one hour in debate on a question in the House.” When the House debates a bill on the floor under this rule, the bill is said to be considered “in the House.” The House considers bills on the floor under the one-hour rule unless it resorts to one of the alternative packages of floor procedures provided under other House rules, especially the Committee of the Whole and motions to suspend the rules. In some cases, a primary...
The 115th Congress faces reauthorization of the current five-year farm bill—the Agricultural Act of 2014 (P.L. 113-79)—because many of its provisions expire in 2018. The following table provides names and contact information for CRS experts on policy issues related to the farm bill. Numerous agricultural and food issues are addressed in the farm bill, including farm commodity support, conservation, international food aid and agricultural trade, nutrition assistance, farm credit, rural development, agricultural research, forestry, bioenergy, horticulture and organic agriculture, crop...
FY2017 National Defense Authorization Act: Selected Military Personnel Issues
Military personnel issues typically generate significant interest from many Members of Congress and their staffs. The Congressional Research Service (CRS) has selected a number of the military personnel issues considered in deliberations on H.R. 4909 as passed by the House on May 26, 2016, S. 2943 as passed by the Senate on July 21, 2016, and the final enacted bill (P.L. 114-328) which was signed by the President on December 23, 2016. This report provides a brief synopsis of sections in each bill that pertain to selected personnel policies. These include issues such as military...
Venezuela: Issues for Congress, 2013-2016
Although historically the United States had close relations with Venezuela, a major oil supplier, friction in bilateral relations increased under the leftist, populist government of President Hugo Chávez (1999-2013), who died in 2013 after battling cancer. After Chávez’s death, Venezuela held presidential elections in which acting President Nicolás Maduro narrowly defeated Henrique Capriles of the opposition Democratic Unity Roundtable (MUD), with the opposition alleging significant irregularities. In 2014, the Maduro government violently suppressed protests and imprisoned a major...
The Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA; P.L. 104-330) replaced several existing sources of housing funding for Native Americans with a single block grant, the Native American Housing Block Grant (NAHBG). Through the NAHBG, tribes and Alaska Native villages receive formula funding from the Department of Housing and Urban Development (HUD) to use for a variety of affordable housing activities that benefit low-income Native American households living in tribal areas. NAHASDA also authorizes a loan guarantee program for tribes (the Title VI loan...
Many nations maintain armies whose ultimate responsibility is to defeat other nations’ combat formations on the battlefield. In order to accomplish this, nations indigenously develop, maintain, and improve a variety of ground combat systems or purchase them from other nations. Ground combat system development and improvement is informed by existing and emerging technologies and budgetary factors as well as observations from current land conflicts. As this process is also intended to address potential future battlefield threats, beliefs as to what the future combat operational environment...
Cuba: Issues and Actions in the 114th Congress
Cuba remains a one-party communist state with a poor record on human rights. The country’s political succession in 2006 from the long-ruling Fidel Castro to his brother Raúl was characterized by a remarkable degree of stability. In 2013, Raúl began his second and final five-year term, which is scheduled to end in February 2018, when he would be 86 years of age. Castro has implemented a number of market-oriented economic policy changes over the past several years. An April 2016 Cuban Communist Party congress endorsed the current gradual pace of Cuban economic reform. Few observers expect...
An Overview of the Housing Finance System in the United States
When making a decision about housing, a household must choose between renting and owning. Multiple factors, such as a household’s financial status and expectations about the future, influence the decision. Few people who decide to purchase a home have the necessary savings or available financial resources to make the purchase on their own. Most need to take out a loan. A loan that uses real estate as collateral is typically referred to as a mortgage.
A potential borrower applies for a loan from a lender in what is called the primary market. The lender underwrites, or evaluates, the...
U.S. Farm Program Eligibility and Payment Limits
Current U.S. farm program participants—whether individuals or multi-person legal entities—must meet specific eligibility requirements to receive benefits under certain farm programs. Some requirements are common across most programs while others are specific to individual programs. In addition, program participants are subject to annual payment limits that vary across different combinations of farm programs. Federal farm support programs, along with their current eligibility requirements and payment limits, are listed in Table 1.
Since 1970, Congress has used varying policies to address...
National Fish and Wildlife Foundation (NFWF): History, Function, and Funding
The National Fish and Wildlife Foundation (NFWF) was chartered by Congress in 1984 to aid in the conservation of plants, animals, and ecosystems; many of its projects involve work with federal agencies. By statute, NFWF is a “charitable and nonprofit corporation and is not an agency or establishment of the United States.” Registered under the Internal Revenue Code (IRC) Section 501(c)(3), NFWF is not a part of the Fish and Wildlife Service (FWS, Department of the Interior), though it does have certain links to that agency, as well as to the National Oceanic and Atmospheric Administration...
Russia and the U.S. Presidential Election
On January 6, 2016, the Office of the Director of National Intelligence (ODNI) released a declassified report on Russian activities and intentions related to the 2016 U.S. presidential election. The report states that the Central Intelligence Agency (CIA), the Federal Bureau of Investigation (FBI), and the National Security Agency (NSA) have “high confidence” that Russian President Vladimir Putin “ordered an influence campaign in 2016 aimed at the US presidential election” in order to “undermine public faith in the US democratic process, denigrate [Hillary] Clinton, and harm her...
Invasive Species: Major Laws and the Role of Selected Federal Agencies
An “invasive” species (alternatively known as an alien, exotic, injurious, introduced or naturalized, non-native, nonindigenous, nuisance, or noxious species) refers to an animal or plant that is introduced into an environment where it is not native. The introduction of invasive species to the United States—whether deliberate or unintentional—from around the globe can pose a significant threat to native animal and plant communities, and may result in extinctions of native animals and plants, species disruptions as native and non-native species compete for limited resources, reduced...
Health Benefits for Members of Congress and Designated Congressional Staff: In Brief
Many private- and public-sector firms offer employer-sponsored health insurance to their employees and contribute toward the cost of that insurance as part of the employee’s compensation package. The federal government, as an employer, also offers health benefits to its employees and retirees. In general, federal employees receive health benefits through the Federal Employees Health Benefits (FEHB) Program, administered by the Office of Personnel Management (OPM). However, Members of Congress and designated congressional staff receive employer-sponsored insurance (ESI) through the District...
Water Resource Issues in the 115th Congress
The 115th Congress faces various water resource development, management, and protection issues. Water resource activities generally encompass navigation improvements, flood damage reduction measures, water supply augmentation, hydropower generation, and aquatic ecosystem restoration. Congressional actions shape reinvestment in aging federal infrastructure (e.g., dams, locks, and levees) and federal and nonfederal investment in new projects. The principal agencies involved in federal water resource infrastructure are the U.S. Army Corps of Engineers (Corps) and the Department of the...
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) included a provision to impose an excise tax on high-cost employer-sponsored insurance (ESI) coverage beginning in 2018 (recently delayed until 2020). This provision, popularly termed the Cadillac tax, imposes an excise tax on ESI coverage in excess of a predetermined threshold. The tax is imposed on the coverage provider, typically the health insurance provider or the entity that administers the plan benefits.
Currently, employers’ spending on ESI coverage and most employees’ contributions to ESI plans are...
The Army Corps of Engineers’ Nationwide Permits Program: Issues and Regulatory Developments
Permits issued by the U.S. Army Corps of Engineers (the Corps) authorize various types of development projects in wetlands and other waters of the United States. The Corps’ regulatory process involves two types of permits: general permits for actions by private landowners that are similar in nature and will likely have a minor effect on jurisdictional waters and wetlands, and individual permits for more significant actions. The Corps uses general permits to minimize the burden of its regulatory program: general permits authorize landowners to proceed with a project without the more...
U.S. Patent and Trademark Office Appropriations Process: A Brief Explanation
The U.S. Patent and Trademark Office (USPTO) examines and approves applications for patents on claimed inventions and administers the registration of trademarks. It also assists other federal departments and agencies protect American intellectual property in the international marketplace. The USPTO is funded by user fees paid by customers that are designated as “offsetting collections” and subject to spending limits established by the Committee on Appropriations.
Until recently, appropriation measures limited USPTO use of all fees accumulated within a fiscal year. Critics of this approach...
Established Program to Stimulate Competitive Research (EPSCoR): Background and Selected Issues
The Established Program to Stimulate Competitive Research (EPSCoR)—originally named the Experimental Program to Stimulate Competitive Research (EPSCoR)—was established at the National Science Foundation (NSF) in 1978 to address congressional concerns about an “undue concentration” of federal research and development (R&D) funding in certain states. The program is designed to help institutions in eligible states build infrastructure, research capabilities, and training and human resource capacities to enable them to compete more successfully for open federal R&D funding awards. Eligibility...
The House of Representatives has several different parliamentary procedures through which it can bring legislation to the chamber floor. Which of these will be used in a given situation depends on many factors, including the type of measure being considered, its cost, the amount of political or policy controversy surrounding it, and the degree to which Members want to debate it and propose amendments. This report provides a snapshot of the forms and origins of measures that, according to the Legislative Information System of the U.S. Congress, received action on the House floor in the...
Inauguration Security: Operations, Appropriations, and Issues for Congress
Every four years, on January 20, the President-elect is sworn in as President of the United States. Presidential inauguration ceremonies are unique public events in the District of Columbia. The inauguration ceremonies are public and, like the President’s State of the Union address, they are events in which a significant proportion of the American political leadership is in attendance. Consequently, the inauguration is designated as a National Special Security Event (NSSE) by the Department of Homeland Security. NSSEs are events that require significant security, in part because of the...
The Office of Surface Mining’s Stream Protection Rule: An Overview
On July 16, 2015, the Office of Surface Mining Reclamation and Enforcement (OSM) of the Department of the Interior proposed a Stream Protection Rule that would revise regulations implementing Title V of the Surface Mining Control and Reclamation Act (SMCRA). Revised rules are intended to avoid or minimize adverse impacts of coal mining on surface water, groundwater, fish, wildlife, and other natural resources by limiting the mining of coal in or through streams, placement of waste in streams and limiting the generation of mining waste. Some of the existing regulations that would be...
Biennial Budgeting: Issues, Options, and Congressional Actions
Difficulties in the timely enactment of budgetary legislation have long fueled interest in the idea that the congressional budget process could be better structured in a way that eases time constraints. The need for consideration of budget matters in the form of concurrent resolutions on the budget, reconciliation measures, tax measures, public debt measures, authorizations, regular appropriations, continuing appropriations, and supplemental appropriations has been criticized as time consuming, repetitive, and inefficient. One long-discussed reform proposal would change the budget cycle...
Sanctuary Jurisdictions and Criminal Aliens: In Brief
The prominence of immigration enforcement issues during the 2016 presidential election as well as publicity surrounding crimes committed by some unauthorized aliens have reignited debates over immigration enforcement in the interior of the country. One homicide case, the July 2, 2015, slaying of a woman in San Francisco by a reported unauthorized alien with a criminal and deportation history, is noteworthy, because the law enforcement agency in question reportedly did not honor an immigration detainer issued by the Department of Homeland Security’s (DHS’s) Immigration and Customs...
Army Corps Projects and Tribal Consultation: Requirements, Policies, and Controversy
Much of the current congressional and public interest in tribal consultation related to U.S. Army Corps of Engineers (Corps) water projects grew out of the Dakota Access Pipeline (DAPL) controversy. Part of the DAPL controversy involves easements at Corps projects for a private oil pipeline and how those easements may affect tribal resources—especially water supplies.
The Corps builds and operates water resource projects across the nation. The Corps’ inventory of water projects includes 702 dams and reservoirs and almost 12 million acres of Corps-owned or -managed lands. The Corps may...
Defining “Specialty Crops”: A Fact Sheet
“Specialty crops” refer to “fruits and vegetables, tree nuts, dried fruits, horticulture, and nursery crops (including floriculture)” as defined in statute by the Specialty Crops Competitiveness Act of 2004, as amended (P.L. 108-465, 7 U.S.C. 1621 note). The statutory definition of specialty crops ties to program eligibility and funding allocations for a number of U.S. Department of Agriculture (USDA) programs providing marketing and research assistance to eligible producer groups. USDA’s list of eligible and ineligible products under the statutory definition is not intended to be all...
The U.S.-EU Beef Hormone Dispute
The United States and the European Union (EU) have engaged in a long-standing and acrimonious trade dispute over the EU’s decision to ban hormone-treated meat. Despite an ongoing series of dispute settlement proceedings and decisions by the World Trade Organization (WTO), there is continued disagreement between the United States and the EU on a range of legal and procedural issues, as well as the scientific evidence and consensus concerning the safety of hormone-treated beef. To date, the EU continues to ban imports of hormone-treated meat and restricts most meat exports to the European...
Increasing Choice, Access, and Quality in Health Care for Americans Act (Division C of P.L. 114-255)
This report summarizes the Increasing Choice, Access, and Quality in Health Care for Americans Act, enacted December 13, 2016, as Division C of the 21st Century Cures Act (P.L. 114-255). Division C comprises Title XV through Title XVII, which include provisions primarily relating to Medicare and Title XVIII, which includes a provision relating to the small-group health insurance market.
Title XV Medicare Part A provisions:
extend the Rural Community Hospital demonstration five years;
require the Secretary of the Department of Health and Human Services (HHS) to account for socioeconomic...
Transportation Security: Issues for the 115th Congress
The nation’s air, land, and marine transportation systems are designed for accessibility and efficiency, two characteristics that make them highly vulnerable to terrorist attack. While hardening the transportation sector from terrorist attack is difficult, measures can be taken to deter terrorists. The dilemma facing Congress is how best to construct and finance a system of deterrence, protection, and response that effectively reduces the possibility and consequences of another terrorist attack without unduly interfering with travel, commerce, and civil liberties.
Aviation security has...
U.S.-EU Poultry Dispute on the Use of Pathogen Reduction Treatments (PRTs)
In January 2009, the United States escalated a long-running dispute with the European Union (EU) over its refusal to accept imports of U.S. poultry treated with certain pathogen reduction treatments (PRTs) by requesting World Trade Organization (WTO) consultations with the EU on the matter, a prerequisite first step toward the establishment of a formal WTO dispute settlement panel. This dispute dates back to 1997, when the EU first banned the use of PRTs on poultry, effectively shutting out virtually all imports from the United States since then. This WTO case has not moved forward.
PRTs...
Wetlands: An Overview of Issues
Recent Congresses have considered numerous policy topics that involve wetlands. Many reflect issues of long-standing interest, such as applying federal regulations on private lands, wetland loss rates, and restoration and creation accomplishments.
The issue receiving the greatest attention recently has been determining which wetlands should be included and excluded from requirements of the Clean Water Act (CWA), especially the Section 404 permit program that regulates waste discharges affecting wetlands, which is administered by the Army Corps of Engineers and the Environmental Protection...
Spill Prevention, Control, and Countermeasure (SPCC) Regulations: Background and Issues for Congress
In 1970, Congress enacted legislation directing the President to promulgate oil spill prevention and response regulations. President Nixon delegated this presidential authority to the Environmental Protection Agency (EPA) in 1970. In 1973, EPA issued Spill Prevention, Control, and Countermeasure (SPCC) regulations that require certain facilities to prevent, prepare for, and respond to oil discharges that may reach navigable waters of the United States or adjoining shorelines.
In general, a facility must prepare an SPCC plan if the facility has an aboveground aggregate oil storage capacity...
Water Infrastructure Improvements for the Nation (WIIN) Act, P.L. 114-322: Drinking Water Provisions
EPA and the Army Corps’ Rule to Define “Waters of the United States”
On May 27, 2015, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly announced a final rule defining the scope of waters protected under the Clean Water Act (CWA). The rule revises regulations that have been in place for more than 25 years. Revisions are being made in light of 2001 and 2006 Supreme Court rulings that interpreted the regulatory scope of the CWA more narrowly than the agencies and lower courts were then doing, and created uncertainty about the appropriate scope of waters protected under the CWA.
According to the agencies, the new...
Latin America and the Caribbean: Key Issues and Actions in the 114th Congress
U.S. Interests and Policy
Geographic proximity has ensured strong linkages between the United States and the Latin American and Caribbean region, based on diverse U.S. interests, including economic, political, and security concerns. U.S. policy toward the region under the Obama Administration focused on four priorities: promoting economic and social opportunity; ensuring citizen security; strengthening effective democratic institutions; and securing a clean energy future. There was substantial continuity in U.S. policy toward the region during the first six years of the Obama...
Major Foreign Aid Initiatives Under the Obama Administration: A Wrap-Up
Over the past few Administrations, Congress has maintained strong interest in and support for the broad global development areas of global health, food security, and climate-related aid and investment. The Obama Administration built its foreign assistance programming around the priorities and practices it identified in the 2010 Presidential Policy Directive (PPD) on Global Development, which identified broad-based economic growth and democratic governance as overarching U.S. development priorities. In particular, the Obama Administration focused on three key initiatives: the Global Health...
Sri Lanka: Background, Reform, Reconciliation, and Geopolitical Context
Sri Lanka is a nation of geopolitical importance despite its relatively small size. Strategically positioned near key maritime sea lanes that transit the Indian Ocean and link Asia with Europe and Africa, Sri Lanka’s external orientation, in particular its ties to China, are of great interest to nearby India. Some observers view China’s involvement in the Sri Lankan port at Hanbantota to be part of Beijing’s strategy to secure sea lanes through the Indian Ocean.
United States-Sri Lanka relations are expanding significantly, creating new opportunities for Congress to play a role in shaping...
Vermont Utility Cybersecurity Alarm
A recent report in the Washington Post stated that Russian hackers had penetrated the U.S. electricity grid, after malware said to be associated with a Russian hacking group was found on a Vermont utility company computer. However, a follow-up story in the Washington Post quoted U.S. government sources as saying “that the incident is not linked to any Russian government effort to target or hack the utility.”
The cybersecurity alarm was raised after a joint report last week by the Federal Bureau of Investigation (FBI) and the Department of Homeland Security (DHS) urged electric utilities to...
Ukraine: Current Issues and U.S. Policy
November 2016 marked the third anniversary of the popular uprising that erupted in Kyiv’s Maidan Square in late 2013 over the government’s decision to reject closer relations with the European Union (EU). February 2017 will mark the third anniversary of the collapse of the Kremlin-favored government of Viktor Yanukovych. The regime’s demise was brought about by bitter protests and by civil society’s reaction to a brutal government response to the Maidan protestors. In the aftermath of the turmoil of the Maidan and the collapse of the government, Ukraine saw the emergence of a pro-Western...
Inspectors General in and Beyond the Presidential Transition Period
Much of the federal government is in transition, as a new Congress convenes and a new Administration prepares to assume leadership of the executive branch. In the coming months, Members will join congressional committees with jurisdictions and responsibilities that may be new to them, and they might seek resources to assist their oversight responsibilities. The 73 federal inspectors general (IGs) are among the resources from which Members might choose to help them in learning about the operations of government agencies. An IG’s knowledge of his or her affiliated agency may be of assistance...
Overview of Further Continuing Appropriations for FY2017 (H.R. 2028)
This report is an analysis of the provisions in H.R. 2028, which provides further continuing appropriations for FY2017 through April 28, 2017. The measure also included appropriations for the remainder of the fiscal year for Overseas Contingency Operations in the Security Assistance Appropriations Act (Division B). On December 10, 2016, the President signed H.R. 2028 into law (P.L. 114-254).
Division A of H.R. 2028 was termed a “continuing resolution” (CR) because it provided temporary authority for federal agencies and programs to continue spending in FY2017 in the same manner as a...
The reduction of the number of families with children receiving cash assistance since the mid-1990s is perhaps the signature indicator used to propose that the 1996 welfare reform law was successful in reducing welfare dependency. The law ended the cash assistance program for needy families with children, Aid to Families with Dependent Children (AFDC), and replaced it with the Temporary Assistance for Needy Families (TANF) block grant. TANF is a broad-based block grant that helps fund state cash assistance programs for needy families with children, but it also funds a wide range of...
Trade in Services Agreement (TiSA) Negotiations: Overview and Issues for Congress
Congress has broad interest in trade in services, which are a large and growing component of the U.S. economy. It also has a direct interest in establishing trade negotiating objectives and potential consideration of a future Trade in Services Agreement (TiSA). Services account for 78% of U.S. private sector gross domestic product (GDP), 82% of private sector employees in 2015, and an increasing portion of U.S. international trade. “Services” refer to a growing range of economic activities, such as audiovisual, construction, and computer and related services; energy; express delivery;...
Colombia’s Peace Process Through 2016
In August 2012, Colombian President Juan Manuel Santos announced that the government was engaged in exploratory peace talks with the violent leftist insurgent group, the Revolutionary Armed Forces of Colombia (FARC), in a bid to resolve a nearly 50-year internal armed conflict. The secret, initial dialogue between the Santos government and the FARC’s leadership led to the opening of formal peace talks with the FARC—the oldest, largest, and best-financed guerrilla organization in Latin America. Formal talks began in Oslo, Norway, in October 2012 and then, as planned, moved to Havana, Cuba,...
Legislative Options in the 114th Congress for Financing Water Infrastructure
This report addresses several options considered by Congress to address the financing needs of local communities for wastewater and drinking water infrastructure projects and to decrease or close the gap between available funds and projected needs. Some of the options exist and are well established, but they have been under discussion for expansion or modification. Other innovative policy options for water infrastructure have been proposed, especially to supplement or complement existing financing tools. Some are intended to provide robust, long-term revenue to support existing financing...
Insurance Regulation: Background, Overview, and Legislation in the 114th Congress
The individual states have been the primary regulators of insurance since 1868. Following the 1945 McCarran-Ferguson Act, this system has operated with the explicit blessing of Congress, but has also been subject to periodic scrutiny and suggestions that the time may have come for Congress to reclaim the regulatory authority it granted to the states. In the late 1980s and early 1990s, congressional scrutiny was largely driven by the increasing complexities of the insurance business and concern over whether the states were up to the task of ensuring consumer protections, particularly...
EPA Regulations: Too Much, Too Little, or On Track?
Since Barack Obama was sworn in as President in 2009, the U.S. Environmental Protection Agency (EPA) has proposed and promulgated numerous regulations to implement the pollution control statutes enacted by Congress. Critics have reacted strongly. Some, both within Congress and outside of it, have accused the agency of reaching beyond the authority given it by Congress and ignoring or underestimating the costs and economic impacts and overestimating the benefits of proposed and promulgated rules. The House conducted vigorous oversight of the agency in the 112th and 113th Congresses, and...
The Role of State Approving Agencies in the Administration of GI Bill Benefits
State Approving Agencies (SAAs) play an important role in the administration of GI Bill® benefits. GI Bill benefits provide educational assistance payments to eligible veterans and servicemembers and their families enrolled in approved programs of education. The SAA role is intended to ensure that veterans and other GI Bill participants have access to a range of high-quality education and training programs at which to use their GI Bill benefits. In FY2017, the Department of Veterans’ Affairs (VA) is estimated to distribute over $14 billion in GI Bill benefits to over 1 million eligible...
The “Waters of the United States” Rule: Legislative Options and 114th Congress Responses
On May 27, 2015, the Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) finalized a rule revising regulations that define the scope of waters protected under the Clean Water Act (CWA). Discharges to waters under CWA jurisdiction, such as the addition of pollutants from factories or sewage treatment plants and the dredging and filling of spoil material through mining or excavation, require a CWA permit. The rule was proposed in 2014 in light of Supreme Court rulings that created uncertainty about the geographic limits of waters that are and are not protected...
Kurds in Iraq and Syria: U.S. Partners Against the Islamic State
Since 2014, the United States and members of a coalition it leads have partnered with a politically diverse set of Kurdish groups to combat the Islamic State organization (IS, also known as ISIS/ISIL or by the Arabic acronym Da’esh). For background information on these groups and their relationships in the region, see CRS In Focus IF10350, The Kurds in Iraq, Turkey, Syria, and Iran, by Jim Zanotti and Bolko J. Skorupski.
The capabilities of various Kurdish ground forces have advanced some U.S. objectives in connection with ongoing anti-IS operations. At the same time, as these operations...
Section 179 of the Further Continuing and Security Assistance Appropriations Act, 2017 (P.L. 114-254), establishes expedited or “fast track” parliamentary procedures governing Senate consideration of legislation that would waive a legal restriction related to the prior military service of the Secretary of Defense. Section 113(a) of Title 10 of the U.S. Code establishes that an individual “may not be appointed as Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.” Unless waived, this restriction could be...
The 21st Century Cures Act (Division A of P.L. 114-255)
The 21st Century Cures Act (P.L. 114-255) was signed into law on December 13, 2016, by President Barack Obama. On November 30, 2016, the House passed the House amendment to the Senate amendment to H.R. 34, the 21st Century Cures Act, on a vote of 392 to 26. The bill was then sent to the Senate where it was considered and passed, with only minor technical modification, on December 7, 2016, on a vote of 94 to 5. The law consists of three divisions: Division A—21st Century Cures Act; Division B—Helping Families in Mental Health Crisis; and Division C—Increasing Choice, Access, and Quality...
The Helping Families in Mental Health Crisis Reform Act of 2016 (Division B of P.L. 114-255)
This report summarizes the Helping Families in Mental Health Crisis Reform Act of 2016, enacted on December 13, 2016, as Division B of the 21st Century Cures Act (P.L. 114-255). Division B comprises Title VI through Title XIV. The first five titles in Division B (Title VI – Title X) deal primarily with the Substance Abuse and Mental Health Services Administration (SAMHSA) within the Department of Health and Human Services (HHS). SAMHSA is the federal agency with primary responsibility for increasing access to community-based services to prevent and treat mental disorders and substance use...
The Impeachment of South Korea’s President
On December 9, South Korea’s National Assembly impeached President Park Geun-hye on charges of “extensive and serious violations of the Constitution and the law” stemming from a corruption scandal that, since late October, have brought millions of South Koreans to the streets in weekly anti-Park protests, the largest in the country’s history. The impeachment leaves the South Korean government under a caretaker government—albeit one appointed by Park—while she awaits a decision from the country’s Constitutional Court. The impeachment could complicate a number of U.S. foreign policy efforts...
The Overseas Private Investment Corporation: Background and Legislative Issues
The Overseas Private Investment Corporation (OPIC), a wholly owned U.S. government corporation, is referred to as the U.S. development finance institution (DFI). It provides political risk insurance, project and investment funds financing, and other services to promote U.S. direct investment in developing countries and emerging economies that will have a development impact. It operates under the foreign policy guidance of the Secretary of State. OPIC’s governing legislation is the Foreign Assistance Act of 1961, as amended (22 U.S.C. §2191 et seq.).
Congress periodically has extended...
Clean Air Issues in the 114th Congress
Oversight of Environmental Protection Agency (EPA) regulatory actions received significant attention in the 114th Congress. Of particular interest were two air quality issues: EPA’s Clean Power Plan (CPP) and related rules to regulate greenhouse gas (GHG) emissions from new and existing power plants, promulgated on August 3, 2015; and a revision of the ambient air quality standard for ozone, promulgated on October 1, 2015.
Reducing GHG emissions to address climate change was a major goal of President Obama, but many in Congress have been less enthusiastic about it. In the absence of...
U.S. International Corporate Taxation: Basic Concepts and Policy Issues
Recent deficit reduction and tax reform plans have included broad proposals to reform the U.S. international corporate tax system. These proposals have raised concerns over how changing the way American multi-national corporations are taxed could impact the deficit and debt, domestic job markets, competitiveness, and the use of corporate tax havens, among other things. An informed debate about how to reform the system governing the taxation of U.S. multi-national corporations requires careful consideration of these issues, as well as a basic understanding of several features of the current...
Legal Services Corporation: Background and Funding
The Legal Services Corporation (LSC) is a private, nonprofit, federally funded corporation that helps provide legal assistance to low-income people in civil (i.e., noncriminal) matters. The primary responsibility of the LSC is to manage and oversee the congressionally appropriated federal funds that it distributes in the form of grants to local legal services providers, which in turn give legal assistance to low-income clients in all 50 states, the District of Columbia, the U.S. territories of Guam and the Virgin Islands, the Commonwealth of Puerto Rico, and Micronesia (which includes the...
Department of Education’s Withdrawal of Its Recognition of ACICS as an Accrediting Agency
On December 12, 2016, the Secretary of Education (the Secretary) upheld a previous decision made by a Department of Education (ED) official to withdraw recognition of the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency for purposes of institutional participation in the federal student aid programs authorized under Title IV of the Higher Education Act (HEA). The complete effects of the Secretary’s recognition withdrawal are currently unknown; however, approximately 900 separate locations of institutions of higher education (IHEs), enrolling...
OCC to Consider Issuing National Bank Charters to Fintech Company Applicants
On December 2, 2016, Comptroller of the Currency Thomas Curry announced in a speech that the Office of the Comptroller of the Currency (OCC) will “move forward with chartering financial technology [fintech’] companies that offer bank products and services and meet ... high standards and chartering requirements.” On the same day, the OCC released a white paper that examines issues related to such a charter and solicits comments from the public. This Insight examines special purpose charters for fintech companies, their possible benefits, and the concerns they create.
Fintech and...
NASA: FY2017 Budget and Appropriations
The National Aeronautics and Space Administration (NASA) was created in 1958 by the National Aeronautics and Space Act (P.L. 85-568) to conduct civilian space and aeronautics activities. It has four mission directorates. The Science Mission Directorate manages robotic science missions, such as the Hubble Space Telescope, the Mars rover Curiosity, and satellites for Earth science research. The Aeronautics Research Mission Directorate conducts research and development on aircraft and aviation systems. The Space Technology Mission Directorate develops technologies for use in future space...
OSM Finalizes the Stream Protection Rule
On December 19, 2016, the Office of Surface Mining Reclamation and Enforcement (OSM) of the Department of the Interior promulgated a rule to improve implementation of the Surface Mining Control and Reclamation Act (SMCRA) and reduce impacts of coal mining operations on groundwater and surface water, fish, wildlife, and related environmental values. The rule, called the Stream Protection Rule, was published in the Federal Register on December 20. It is effective on January 19, 2017.
Development of the Stream Protection Rule has been underway since 2009 and has been contentious throughout...
DHS Appropriations FY2017: Security, Enforcement, and Investigations
This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2017. It specifically discusses appropriations for the components of DHS included in the second title of the homeland security appropriations bill—Customs and Border Protection, Immigration and Customs Enforcement, the Transportation Security Administration, the U.S. Coast Guard, and the U.S. Secret Service. Collectively, Congress has labeled these components in recent years as “Security, Enforcement, and Investigations.”
The report provides an overview of the...
DHS Appropriations FY2017: Research and Development, Training, and Services
This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2017. It specifically discusses appropriations for the components of DHS included in the fourth title of the homeland security appropriations bill—in past years, this has comprised U.S. Citizenship and Naturalization Services, the Federal Law Enforcement Training Center, the Science and Technology Directorate, and the Domestic Nuclear Detection Office (DNDO). In FY2017, the Administration proposed moving the Domestic Nuclear Detection office into a new Chemical,...
This Fact Sheet summarizes selected highlights of the conference agreement on the FY2017 National Defense Authorization Act (NDAA). The conference report (H.Rept. 114-840), filed in the House on November 30, 2016, is a result of negotiations between the House and Senate on House-passed H.R. 4909 and Senate-passed S. 2943. The agreement authorizes $611.2 billion in discretionary funding for defense activities within the jurisdictions of the House and Senate Armed Services Committees, including $523.7 billion in base discretionary funding for the Department of Defense, $67.8 billion for...
Conventional Arms Transfers to Developing Nations, 2008-2015
This report provides Congress with official, unclassified, quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years for use in its policy oversight functions. All agreement and delivery data in this report for the United States are government-to-government Foreign Military Sales (FMS) transactions. Similar data are provided on worldwide conventional arms transfers by all government suppliers, but the principal focus is the level of arms transfers by major weapons supplying governments to nations...
State Management of Federal Lands: Frequently Asked Questions
The federal government owns roughly 640 million acres of land, about 28% of the 2.27 billion acres in the United States. This land is managed by numerous agencies, but four agencies administer about 95% of federal land, with somewhat differing management emphases. These agencies are the Bureau of Land Management (BLM), Fish and Wildlife Service (FWS), and National Park Service (NPS) in the Department of the Interior (DOI), and the Forest Service (FS) in the Department of Agriculture. Most federal land is in the West, including Alaska. The total amount of money the federal government spends...
The African Union (AU): Key Issues and U.S.-AU Relations
U.S. relations with the African Union (AU), an intergovernmental organization to which all African countries except Morocco belong, have strengthened over the past decade. U.S.-AU cooperation has traditionally focused on peace operations and conflict prevention and mitigation. U.S. aid for AU democracy-strengthening initiatives is another key focus of engagement. Other areas of cooperation include economic development, health, governance, peace and security capacity building, and criminal justice. Direct U.S. aid to the AU Commission (AUC, the organization’s secretariat), which oversees AU...
The Federal Food Safety System: A Primer
Numerous federal, state, and local agencies share responsibilities for regulating the safety of the U.S. food supply. Federal responsibility for food safety rests primarily with the Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA). FDA, an agency of the Department of Health and Human Services, is responsible for ensuring the safety of all domestic and imported food products (except for most meats and poultry). FDA also has oversight of all seafood, fish, and shellfish products. USDA’s Food Safety and Inspection Service (FSIS) regulates most meat and poultry...
U.S. Policy on Cuban Migrants: In Brief
The Obama Administration’s efforts to normalize relations with Cuba focused attention on U.S. policies on immigration and federal assistance that apply to Cuban migrants in the United States—a set of policies that afford Cuban nationals unique immigration privileges. The November 2016 death of Cuba’s Fidel Castro may lead to further consideration of these issues. “Normal” immigration from Cuba to the United States has not existed since the Cuban Revolution of 1959 brought Fidel Castro to power. For more than 50 years, the majority of Cubans who have entered the United States have done so...
Implementation of the FDA Food Safety Modernization Act (FSMA, P.L. 111-353)
Congress passed comprehensive food safety legislation in December 2010 (FDA Food Safety Modernization Act, or FSMA, P.L. 111-353), representing the largest expansion and overhaul of U.S. food safety authorities since the 1930s. FSMA greatly expanded food safety oversight authority at the Food and Drug Administration (FDA) within the U.S. Department of Health and Human Services (HHS). Among its many provisions, FSMA expanded FDA’s authority to conduct a mandatory recall of contaminated food products; enhanced surveillance systems to investigate foodborne illness outbreaks; established new...
The FCC’s Rules and Policies Regarding Media Ownership, Attribution, and Ownership Diversity
From the earliest days of commercial radio, the Federal Communications Commission (FCC) and its predecessor, the Federal Radio Commission, have encouraged diversity in broadcasting. This concern has repeatedly been supported by the U.S. Supreme Court, which has affirmed that “the widest possible dissemination of information from diverse and antagonistic sources is essential to the welfare of the public,” and that “assuring that the public has access to a multiplicity of information sources is a governmental purpose of the highest order, for it promotes values central to the First...
Special Minimum Wages for Workers with Disabilities: Frequently Asked Questions
The Fair Labor Standards Act (FLSA), as amended, sets the minimum wage for covered workers at $7.25 per hour. Section 14(c) of the FLSA permits certified employers to pay a worker with a disability that impairs the worker’s productive capacity a special minimum wage (SMW). The SMW may be below the federal minimum wage but must be commensurate with the worker’s productivity and the job’s prevailing wage. This short report answers common questions related to SMWs. It covers federal legislation that authorizes SMWs; how individuals qualify for SMWs; how employers are certified to pay SMWs and...
U.S. International Broadcasting: Background and Issues for Reform
Since the beginning of modern U.S. international broadcasting during World War II, debates over the effectiveness, strategic direction, and necessity of broadcasting activities have persisted. Longstanding arguments over the structure and operation of the Broadcasting Board of Governors (BBG) have only added to these debates, prompting recurring efforts to reform the organization and its programs. Many Members of Congress have consistently shown concerted interest in U.S. international broadcasting, conducting oversight over the BBG and its individual broadcasters, and calling for...
With a change of presidential administrations taking place in January, some in Congress are paying renewed attention to a parliamentary mechanism that might enable the new Congress and the new President to overturn agency final rules of the Obama Administration issued after early June 2016.
The Congressional Review Act (5 U.S.C. §§801-808), enacted as part of the 104th Congress’s (1995-1996) “Contract with America,” established a special parliamentary mechanism whereby Congress can disapprove a final rule promulgated by a federal agency. While Congress has considered several CRA joint...
Water Use Efficiency Legislation in the 114th Congress
More than two dozen legislative proposals in the 114th Congress were introduced that included provisions concerning water use efficiency, or water conservation, in nonagricultural sectors. These legislative proposals did not seek to set specific enforceable water use efficiency standards or goals. Rather, most sought to encourage or provide incentives for adoption of practices, technologies, and measures to achieve improved water use efficiency.
The 114th Congress legislation can be broadly grouped in five categories of proposals.
Codifying the WaterSense program. WaterSense is a...
Latin America: Terrorism Issues
Compared to other parts of the world, the potential threat emanating from terrorism is low in most countries in Latin America. Most terrorist acts occur in the Andean region of South America, committed by two Colombian guerrilla groups—the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN)—and one Peruvian guerrilla group, the Shining Path (SL). All three of these groups have been designated by the U.S. State Department as Foreign Terrorist Organizations (FTOs). The FARC, however, has been engaged in peace negotiations with the Colombian government since...
Pesticide Use and Water Quality: Are the Laws Complementary or in Conflict?
This report provides background on the emerging conflict over interpretation and implementation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act (CWA). For the more than 30 years since they were enacted, there had been little apparent conflict between them. But their relationship has recently been challenged in several arenas, including the federal courts and regulatory proceedings of the Environmental Protection Agency (EPA). In this report, a brief discussion of the two laws is followed by a review of the major litigation of interest. EPA’s...
Restrictions on Lobbying the Government: Current Policy and Proposed Changes
During the 2016 presidential campaign, President-elect Donald Trump proposed a series of ethics measures, including several lobbying-related provisions. They are: extending “cooling off” periods on lobbying the government for five years after government service; “instituting a five-year ban on lobbying by former Members of Congress and their staffs”; expanding the definition of a lobbyist to cover former government officials who engage in strategic consulting; and issuing a “lifetime ban against senior executive branch officials lobbying on behalf of a foreign...
Financial Challenges of Operating Nuclear Power Plants in the United States
Some of the 60 operating nuclear power plants (comprising 99 nuclear reactors) in the United States have experienced financial stress in recent years due to a combination of low wholesale electricity prices and escalating costs. Six nuclear reactors have permanently shut down during the past five years, and 19 others have announced their intention to close or have been identified as “at-risk” of closure by financial consultants and ratings agencies.
Generally, U.S. nuclear plants are located in one of two market areas: (1) competitive—where the value of electricity fluctuates based on...
Renewable Identification Numbers (RINs) and Renewable Fuel Standard (RFS) Compliance
The Renewable Fuel Standard (RFS) requires U.S. transportation fuel to contain a minimum volume of renewable fuel. Recent developments pertaining to the mandate—including recent market activity for the compliance system, letters from selected stakeholders about the compliance system to the U.S. Environmental Protection Agency (EPA), and the release of the 2017 final rule for the RFS—have placed an emphasis on RFS compliance not seen since 2013 and could lead to additional congressional interest. Some issues with RFS compliance touch on broader issues with the mandate; addressing these...
The nation’s energy infrastructure is undergoing a major transformation. For example, new technologies and changes in electricity flows place increasing demands on the electric power grid. These changes include increased use of distributed (mostly renewable energy) resources, Internet-enabled demand response technologies, growing loads from electric vehicle use, continued expansion of natural gas use, and integration of energy storage devices.
The Department of Energy’s (DOE’s) Office of Electricity Delivery and Energy Reliability (OE) has the lead role in addressing those infrastructure...
Mountaintop Removal Mining: Background on Recent Controversies
Mountaintop removal mining involves removing the top of a mountain in order to recover the coal seams contained there. This practice occurs in six Appalachian states (Kentucky, West Virginia, Virginia, Tennessee, Pennsylvania, and Ohio). It creates an immense quantity of excess spoil (dirt and rock that previously composed the mountaintop), which is typically placed in valley fills on the sides of the former mountains, burying streams that flow through the valleys. Mountaintop removal mining is regulated under several laws, including the Clean Water Act (CWA) and the Surface Mining Control...
Water Quality Issues in the 114th Congress: An Overview
Much progress has been made in achieving the ambitious goals that Congress established in 1972 in the Clean Water Act (CWA) to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. However, long-standing problems persist, and new problems have emerged. Water quality problems are diverse, ranging from pollution runoff from farms and ranches, city streets, and other diffuse or “nonpoint” sources, to toxic substances discharged from factories and sewage treatment plants.
There is little agreement among stakeholders about what solutions are needed,...
Controversies over Redefining “Fill Material” Under the Clean Water Act
In May 2002, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) announced a regulation redefining two key terms, “fill material” and “discharge of fill material,” in rules that implement Section 404 of the Clean Water Act. This report discusses the 2002 rule, focusing on how it changes which material and types of activities are regulated under Section 404 and the significance of these issues, especially for the mining industry.
The Clean Water Act contains two different permitting regimes: (1) Section 402 permits (called the National Pollutant...
Statutory Restrictions Relating to Prior Military Service of the Secretary of Defense
By law, the Secretary of Defense, who has authority, direction, and control over the Department of Defense, is a civilian appointed by the President with the advice and consent of the Senate.
Section 113 of Title 10 of the U.S. Code provides that “[a] person may not be appointed as Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.” Since such statutory qualification provisions are created by law, they may also be changed, or alternatively, temporarily suspended for the benefit of a specific...
Women in Combat: Issues for Congress
Over the past two decades of conflict, women have served with valor and continue to serve on combat aircraft, naval vessels, and in support of ground combat operations. The expansion of roles for women in the Armed Forces has evolved since the early days of the military when women were restricted by law and policy from serving in certain occupations and units. Women have not been precluded by law from serving in any military unit or occupational specialty since 1993 when Congress repealed the remaining prohibitions on women serving on combatant aircraft and vessels. However, Department of...
Changing the Senate Cloture Rule at the Start of a New Congress
From 1953 to 1975, proposals to reform Rule XXII at the start of a new Congress were biennial rituals. They were instigated by Senators in each party frustrated by the chamber’s inability to enact social and civil rights legislation because of the opposition of other Members. The biennial focus declined somewhat when the Senate in 1975 amended Rule XXII to reduce the number of Senators required to invoke cloture from two-thirds of the Senators present and voting to three-fifths of the Senators chosen and sworn (60 of 100). In 1979 and 1986, the Senate also amended Rule XXII by reducing the...
Commercial Space Industry Launches a New Phase
Rockets, satellites, and the services they provide, once the domain of governments, are increasingly launched and managed by privately owned companies. Although private aerospace firms have contracted with federal agencies since the onset of the Space Age six decades ago, U.S. government policy has sought to spur innovation and drive down costs by expanding the roles of satellite manufacturers and commercial launch providers.
Global spending on space activity reached an estimated $323 billion in 2015. Of this amount, nearly 40% was generated by commercial space products and services and...
Noncitizen Eligibility for Federal Public Assistance: Policy Overview
The extent to which residents of the United States who are not U.S. citizens should be eligible for federally funded public aid has been a contentious issue since the 1990s. This issue meets at the intersection of two major policy areas: immigration policy and welfare policy. The eligibility of noncitizens for public assistance programs is based on a complex set of rules that are determined largely by the category of the noncitizen in question and the nature of services being offered. Over the past 20 years, Congress has enacted significant changes in U.S. immigration policy and welfare...
According to press reports, the Trump Administration may reestablish the National Space Council, a coordinating body in the Executive Office of the President that was last active in 1993. The National Space Council was established in 1989 “to provide a coordinated process for developing a national space policy and strategy and for monitoring its implementation.” It was chaired by the Vice President and included the Secretaries of State, Treasury, Defense, Commerce, and Transportation, the Director of the Office of Management and Budget, the President’s Chief of Staff, the Assistant to the...
Presidential Authority over Trade: Imposing Tariffs and Duties
The United States Constitution gives Congress the power to impose and collect taxes, tariffs, duties, and the like, and to regulate international commerce. While the Constitution gives the President authority to negotiate international agreements, it assigns him no specific power over international commerce and trade. Through legislation, however, Congress may delegate some of its power to the President, such as the power to modify tariffs under certain circumstances. Thus, because the President does not possess express constitutional authority to modify tariffs, he must find authority for...
Creating a Federal Advisory Committee in the Executive Branch
Federal advisory committees provide a formal forum for members of the public to provide advice and recommendations to the federal government on issues ranging from how to support trade goals of small and minority-owned businesses to which drugs best treat arthritis pain. Many of the roughly 1,000 federal advisory committees that operate at any given time are required to operate pursuant to the open meetings, records access, and reporting requirements of the Federal Advisory Committee Act (FACA).
Advisory committees are established for a number of reasons. These reasons often include...
Democratic Republic of Congo: Targeted Sanctions
Congress has long focused on human rights and humanitarian hardship in war-ravaged eastern Democratic Republic of Congo, an epicenter of instability in Central Africa’s Great Lakes region. Recently, congressional attention has turned to DRC’s democratic trajectory and dynamics in the capital, Kinshasa. President Joseph Kabila’s effort to stay in office—which opposition and civil society activists view as unconstitutional—has spurred unrest and could become a violent crisis (see CRS Report R43166, Democratic Republic of Congo: Background and U.S. Relations).
In October, the DRC government...
The Trump-Tsai Call and the United States’ “Unofficial” Relationship with Taiwan
President-elect Donald J. Trump’s telephone call with Taiwan President Tsai Ing-wen on December 2, 2016, and subsequent Tweets, broke precedent. No previous U.S. president or president-elect is known to have spoken directly to a president of Taiwan, which officially calls itself the Republic of China (ROC), since the United States broke diplomatic relations with the ROC and established diplomatic relations with the People’s Republic of China (PRC) on January 1, 1979. The call has raised questions about whether Trump was simply taking “a very modest step toward providing Taiwan with some...
Has the U.S. Government Ever “Defaulted”?
During recent debt limit episodes, federal officials have contended that if the debt limit were to constrain the government’s ability to meet its obligations, that would be an unprecedented blemish on the nation’s credit. For example, the U.S. Treasury has asserted that “(f)ailing to increase the debt limit would have catastrophic economic consequences. It would cause the government to default on its legal obligations” or that it “would represent an irresponsible retreat from a core American value: we are a nation that honors all of its commitments. It would cause the government to default...
Generalized System of Preferences: Agricultural Imports
The Generalized System of Preferences (GSP) provides duty-free tariff treatment for certain products from designated developing countries. Agricultural imports under GSP totaled $2.6 billion in 2015, nearly 15% of the value of all U.S. GSP imports. Leading agricultural imports (based on value) include processed foods and food processing inputs; beverages and drinking waters; processed and fresh fruits and vegetables; sugar and sugar confectionery; olive oil; and miscellaneous food preparations and inputs for further processing. The majority of these imports are from Thailand, Brazil,...
State Programs for “Coal Ash” Disposal in the WIIN Act
On December 8, 2016, the House passed the Water Infrastructure Improvements for the Nation Act (WIIN Act; as a substitute amendment to S. 612). Section 2301 of the WIIN Act would amend the Solid Waste Disposal Act (commonly referred to by its 1976 amendment, the Resource Conservation and Recovery Act, or RCRA). Section 2301 would establish a framework for the Environmental Protection Agency (EPA) to approve state programs implementing federal standards applicable to the disposal of coal combustion residuals (CCR, or “coal ash”) generated by electric utilities. Currently under RCRA, those...
An Introduction to Judicial Review of Federal Agency Action
The U.S. Constitution vests the judicial power in the Supreme Court and any inferior courts established by Congress, limiting the power of federal courts to the context of “cases” or “controversies.” Pursuant to constitutional and statutory requirements, courts may hear challenges to the actions of federal agencies in certain situations. This report offers a brief overview of important considerations when individuals bring a lawsuit in federal court to challenge agency actions, with a particular focus on the type of review authorized by the Administrative Procedure Act (APA), perhaps the...
As Congress searches for ways to generate savings, reduce the deficit, and fund federal programs, it has held hearings and passed legislation to prevent and recover improper payments. Improper payments—which exceeded $137 billion in FY2015—are payments made in an incorrect amount, payments that should not have been made at all, or payments made to an ineligible recipient or for an ineligible purpose. The total amount of improper payments may be even higher than reported because several agencies have yet to determine improper payment amounts for all of their programs.
In 2002, Congress...
International Insurance Issues and H.R. 5143
International insurance issues have been of interest to the 114th Congress with House subcommittee hearings in September 2016, February 2016, and April 2015, and several pieces of legislation introduced on the topic including S. 1086, H.R. 2141, and H.R. 5143. H.R. 5143 is scheduled for House floor action the week of December 5, 2016.
Background
Insurance regulation is centered on the states with only a limited federal role. Following the 2007-2009 financial crisis, the Dodd-Frank Act enhanced the federal role through several provisions, including the potential Financial Stability...
Membership of the 114th Congress: A Profile
This report presents a profile of the membership of the 114th Congress (2015-2016). Statistical information is included on selected characteristics of Members, including data on party affiliation, average age, occupation, education, length of congressional service, religious affiliation, gender, ethnicity, foreign births, and military service.
As of December 5, 2016, in the House of Representatives, there are 248 Republicans (including 1 Delegate), 192 Democrats (including 4 Delegates and the Resident Commissioner of Puerto Rico), and one vacancy. The Senate has 54 Republicans, 44...
Colombia Adopts Revised Peace Accord: What Next?
In an effort to end a half century of armed conflict between the largest leftist insurgent group in Colombia, the Revolutionary Armed Forces of Colombia (FARC), and the Colombian government, a revised peace accord was signed in November 2016 by President Juan Manuel Santos and the FARC’s leader, known as Timochenko. On November 30, 2016, the new accord was “ratified” by the Colombian Congress, first by the Colombian Senate by a vote of 75-0 (out of 101 Senators) and a day later by the lower house by a vote of 130-0 (out of 166). Congressional opponents either did not vote or walked out,...
Ghana’s 2016 General Elections
Ghana's December 7, 2016 elections for president and parliament feature a rematch between incumbent President John Dramani Mahama and his National Democratic Congress (NDC), and the opposition New Patriotic Party (NPP) and its presidential contender, Nana Akufo-Addo, who is making his third run for the post. Other parties are participating, but they are all minor; roughly equal NDC and NPP political predominance have effectively created a two party system.
Background
Ghana has held six multi-party elections since its 1992 transition from military rule. The 2016 election is widely expected...
Industry Divided over Biodiesel Tax Credit
The federal biodiesel tax incentive of $1 per gallon (26 U.S.C. 40A), expires at the end of 2016. The credit was created by the American Jobs Creation Act of 2004 (P.L. 108-357) and has been renewed a number of times since then, most recently in December 2015 in the Consolidated Appropriations Act, 2016 (P.L. 114-113). On more than one occasion, the credit has been extended retroactively, as it was for 2015. The credit—and whether it should be repositioned to incentivize domestic production only—is of particular interest to many because in recent years biodiesel imports have increased at a...
Fidel Castro’s Death: Implications for Cuba and U.S. Policy
The death of Cuba’s former long-time ruler Fidel Castro on November 25, 2016, raises questions regarding Cuba’s economic and political situation and the future of U.S. policy toward Cuba. The revolutionary leader overthrew an unpopular dictatorship in 1959, but ended up imposing a communist regime that led to some social progress yet also resulted in severe human rights abuses and a feeble economy. For a small island nation, Cuba played an oversized role in international affairs under Castro’s rule through its support for revolutionary movements abroad and its strong opposition to the...
Senate Rule XXVI directs Senate committees to adopt rules of procedure and publish them in the Congressional Record by March 1 of the first year of a new Congress. A committee’s rules must be “not inconsistent” with the Senate’s rules. Committee rules, even if they have not been amended, must be revalidated in each Congress as provided in Rule XXVI.
Committee rules cover a variety of subjects—from meeting dates to quorums to processing nominations. Some Senate rules that are reflected in committees’ rules must be followed, such as the rule that requires a majority of a committee to be...
The Central African Republic: Background and U.S. Policy
The Central African Republic (CAR) is emerging from a crisis that began when rebels overthrew the national government in 2013, ushering in a chaotic and violent period. A new president, Faustin Archange Touadéra, was elected in 2016, but gains remain fragile. Militias that have targeted civilians on the basis of religious and ethnic identity continue to operate in much of the country, posing challenges to governance, reconciliation, and accountability. Violence has caused large population displacements, weakening an already tiny economy and placing strains on finite international aid and...
European Union Efforts to Counter Disinformation
The European Union (EU) is increasingly concerned about the use of propaganda by both state and non-state actors and has sought to devise new strategies to combat disinformation. On November 23, the European Parliament (EP) adopted a resolution entitled “EU Strategic Communication to Counteract Anti-EU Propaganda by Third Parties.” In passing this non-binding resolution (by a vote of 304 to 179, with 208 abstentions), the EP added its support to European Union efforts to counter what Brussels believes are propaganda and disinformation campaigns against the EU and its member states by...
The U.S. Trade Situation for Fruit and Vegetable Products
Over the last decade, there has been a growing U.S. trade deficit in fresh and processed fruits and vegetables. Although U.S. fruit and vegetable exports totaled $6.3 billion in 2015, U.S. imports of fruits and vegetables were $17.6 billion, resulting in a gap between imports and exports of $11.4 billion (excludes nuts and processed nut products). This trade deficit has generally widened over time as growth in imports has outpaced export growth. As a result, the United States has gone from being a net exporter of fresh and processed fruits and vegetables in the early 1970s to being a net...
Internet Sales and State Taxes: Policy Issues
With the holiday shopping season in full swing, many consumers will choose to buy gifts through online retailers rather than brick-and-mortar shops. While some consumers may choose to shop on the Internet for convenience, some might also be attracted to shopping online by the apparently lower prices, which do not always include sales and use tax. Customers who do not pay sales or use tax to the vendor are typically required to remit the tax to their home state. Customer compliance with this requirement, however, is very low.
In certain instances, the taxes are not included in the online...
The Congressional Appropriations Process: An Introduction
Congress annually considers several appropriations measures, which provide discretionary funding for numerous activities—for example, national defense, education, and homeland security—as well as general government operations. Congress has developed certain rules and practices for the consideration of appropriations measures, referred to as the congressional appropriations process. The purpose of this report is to provide an overview of this process.
Appropriations measures are under the jurisdiction of the House and Senate Appropriations Committees. In recent years these measures have...
Authorization of Appropriations: Procedural and Legal Issues
To provide funding for discretionary spending programs of the government, Congress generally uses an annual appropriations process. Under congressional rules, when making decisions about the funding of individual items or programs, however, Congress may be constrained by the terms of previously enacted legislation. The way in which the House and Senate interpret and apply this concept under their respective rules and precedents creates a distinction between authorized and unauthorized appropriations. This report provides a brief explanation of this distinction, and its significance for...
Demographic and Social Characteristics of Persons in Poverty: 2015
This report provides a snapshot of the characteristics of the poor in the United States in 2015. It shows that people from families whose income falls below the federal poverty thresholds represent a diverse subset of the overall population.
There were 43 million people living below the federal poverty level in 2015, representing 13.5% of the total population.
Nearly half (45.1%) of all people in poverty lived in deep poverty (with income below 50% of the poverty threshold).
The largest share of people in poverty were non-Hispanic white (41.2%) but the majority were not. Almost all other...
Stormwater Permits: Status of EPA’s Regulatory Program
The Environmental Protection Agency (EPA) and states implement a federally mandated program for controlling stormwater discharges from industrial facilities and municipalities. Large cities and most industry sources are subject to rules issued in 1990 (Phase I rules), and EPA issued permit rules to cover smaller cities and other industrial sources and construction sites in 1999 (Phase II rules). Because of the large number of affected sources and deadline changes that led to confusion, numerous questions have arisen about this program. Impacts and costs of the program’s requirements,...
Drug Testing and Crime-Related Restrictions in TANF, SNAP, and Housing Assistance
Throughout the history of social assistance programs, administrators have attempted to limit access only to those families considered “worthy” of assistance. Policies about worthiness have included both judgments about need—generally tied to income, demographic characteristics, or family circumstances—and judgments about moral character, often as evidenced by behavior. Past policies evaluating moral character based on family structure have been replaced by today’s policies, which focus on criminal activity, particularly drug-related criminal activity. The existing crime- and drug-related...
Federal Income Tax Treatment of the Family
Individual income tax provisions have shifted over time, first in increasing the burden on larger families, and then in decreasing it. These shifts were caused by changing tax code features: personal exemptions, standard and itemized deductions, rates, the earned income credit (EIC), the child credit, and other standard structural aspects of the tax. Some of these features reflect changes made by the 2001 Bush tax cuts, which were extended for an additional two years by P.L. 111-312 and largely made permanent by the American Taxpayer Relief Act (P.L. 112-240). The most recent legislative...
“Regulatory Relief” for Banking: Selected Legislation in the 114th Congress
The 114th Congress is considering legislation to provide “regulatory relief” for banks. The need for this relief, some argue, results from new regulations introduced in response to vulnerabilities that were identified during the financial crisis that began in 2007. Some have contended that the increased regulatory burden—the cost associated with government regulation and its implementation—is resulting in significant costs that restrain economic growth and consumers’ access to credit. Others, however, believe the current regulatory structure strengthens financial stability and increases...
The Civil Defense Acquisition Workforce: Enhancing Recruitment Through Hiring Flexibilities
Policymakers and defense acquisition experts have asserted that improved recruitment for the defense acquisition workforce is a necessary component for comprehensive acquisition reform. To help rebuild the workforce and enhance recruitment, DOD has used several hiring flexibilities authorized by Congress, the President, and OPM in recent years. Hiring flexibilities are a suite of tools that are intended to simplify, and sometimes accelerate, the hiring process.
The impact of hiring flexibilities on recruitment and workforce quality, however, remains unclear. Congress may consider three...
Can a New Administration Undo a Previous Administration’s Regulations?
Following the election of Donald J. Trump on November 8, 2016, questions have been raised as to whether and how a new President’s administration can amend or repeal regulations issued by the previous administration. In short, once a rule has been finalized, a new administration would be required to undergo the rulemaking process to change or repeal all or part of the rule. If a rule has not yet been finalized, however, a new President may be able, immediately upon taking office, to prevent the rule from being issued. In addition to these administrative actions, Congress can also take...
Methane: An Introduction to Emission Sources and Reduction Strategies
The Obama Administration’s Strategy to Reduce Methane Emissions
On June 25, 2013, President Obama announced a national “Climate Action Plan” (CAP) to reduce emissions of carbon dioxide (CO2) and other greenhouse gases (GHGs), as well as to encourage adaptation to expected climate change. One of the initiatives within the CAP focused on the control of methane emissions, a potent short-lived climate pollutant. It called for the U.S. Environmental Protection Agency (EPA) and the Departments of Agriculture, Energy, the Interior, Labor, and Transportation to develop a comprehensive interagency...
Internet Governance and the Domain Name System: Issues for Congress
The Internet is often described as a “network of networks” because it is not a single physical entity, but hundreds of thousands of interconnected networks linking hundreds of millions of computers around the world. As such, the Internet is international, decentralized, and comprised of networks and infrastructure largely owned and operated by private sector entities. As the Internet grows and becomes more pervasive in all aspects of modern society, the question of how it should be governed becomes more pressing.
Currently, an important aspect of the Internet is governed by a private...
Social Security Benefits for Noncitizens
Concerns about the number of unauthorized (illegal) aliens residing in the United States have fostered considerable interest in the eligibility of noncitizens for U.S. Social Security benefits. The Social Security program provides monthly cash benefits to qualified retired or disabled workers, their dependents, and survivors. Generally, a worker must have 10 years of Social Security-covered employment to be eligible for retirement benefits (less time in covered employment is required for disability and survivor benefits). Most U.S. jobs are covered under Social Security, and as a result,...
CRISPR: A Revolutionary Tool for Editing the Code of Life?
Genes, the fundamental code of life, are written in DNA (deoxyribonucleic acid). Before DNA was even discovered, humans sought to manipulate it through selective breeding. Since its discovery, scientists, science fiction writers, philosophers, and others have speculated on the implications of being able to modify DNA. Over the last half century, billions of dollars and immeasurable effort have been devoted to understanding, characterizing, and controlling DNA. These efforts produced early gene editing tools and, in 2003, the completion of the Human Genome Project. Similar sequencing has...
Infrastructure Finance and Debt to Support Surface Transportation Investment
Investment in surface transportation infrastructure is funded mainly with current receipts from taxes, tolls, and fares, but it is financed by public-sector borrowing and, in some cases, private borrowing and private equity investment. Financing is normally not arranged at the federal level, as the federal government builds few transportation projects directly. This report discusses current federal programs that support the use of debt finance and private investment to build and rebuild highways and public transportation. It also considers legislative options intended to encourage greater...
Got Concrete Block? House Approves Mandatory Fees to Promote It
Since the 1970s, producers of certain agricultural commodities have been covered by checkoff programs to fund generic promotion activities (such as advertising “Got Milk?” and “Incredible Edible Egg”). These programs, sanctioned under federal law, have at times been controversial because they require affected producers and other market participants to pay assessments to cover the cost of these activities. Nonetheless, Congress has supported checkoff programs. On November 14, the House of Representatives approved a bill that would expand them far beyond agriculture—to concrete masonry....
Justice Department’s Role in Cyber Incident Response
Criminals and other malicious actors increasingly rely on the Internet and rapidly evolving technology to further their operations. They exploit cyberspace, where they can mask their identities and motivations. In this context, criminals can compromise financial assets, hactivists can flood websites with traffic—effectively shutting them down, and spies can steal intellectual property and government secrets.
When such cyber incidents occur, a number of issues arise, including how the government will react and which agencies will respond. These issues have been raised following a number of...
China and the Hong Kong High Court Issue Decisions on Legislative Council Controversy (Update)
On November 7, 2016, China’s National People’s Congress Standing Committee (NPCSC) issued a decision concerning the oaths that Hong Kong officials, including legislators, must take before assuming office. Eight days later, Hong Kong’s High Court determined that two “pro-democracy” members-elect of Hong Kong’s Legislative Council (Legco), Sixtus Baggio Leung Chung-hang and Yau Wai-ching, had “declined” to take the required oath on October 12, 2016, and are therefore “disqualified from assuming the office of a member of the Legco.” The NPCSC and High Court decisions may lead to efforts to...
The $7 Billion Campaign? Understanding Campaign Finance Estimates
As election cycles end, campaign finance summaries are of interest in Congress, among researchers, and for the media, but figures can vary substantially by source, time period, and content. Even basic terminology often is inconsistent. This CRS “Insight” provides brief background information for congressional readers who are interpreting campaign finance summary data.
Recent Examples
Campaign finance estimates vary substantially and range from broad overviews to specific snapshots. Understanding the differences, and potential advantages and disadvantages of various approaches, requires...
Moldova’s presidential election, on October 30 and November 13, 2016, has occurred at a challenging time for this small state located between Romania and Ukraine. In the second round of the election, the Russian-leaning Socialist Party leader Igor Dodon won 52% of the vote and his competitor, former Minister of Education (and former World Bank economist) Maia Sandu, received 48%.
This is the first time since 1996 that Moldova’s president was elected by popular vote. Dodon has pledged to unite the country’s divided voters, but he has limited powers in Moldova’s largely parliamentary...
NATO’s Warsaw Summit: In Brief
The North Atlantic Treaty Organization’s (NATO’s) 2016 summit was held in Warsaw, Poland, on July 8-9, 2016. The summit was the second meeting of the alliance’s 28 heads of state and government since 2014, when Russia annexed Crimea and began providing large-scale military support to separatist forces fighting in Ukraine. Russia’s actions in Ukraine and Eastern Europe more broadly have upended NATO’s post-Cold War transformation from a military alliance focused solely on deterring Russia to a globally oriented security organization. Over the last two years, NATO has taken major steps to...
Antiquities Act: Scope of Authority for Modification of National Monuments
The Antiquities Act of 1906 authorizes the President to declare, by proclamation, that objects of historic or scientific interest on federal lands are designated as national monuments. Over the course of more than a century, Presidents have cited the Antiquities Act as authority for protecting well over 100 land and marine areas, totaling hundreds of millions of acres, as national monuments. National monuments generally are reserved and protected from certain uses such as mineral leasing or mining, although management terms may vary by monument. Partly because of such restrictions, some...
Staff Tenure in Selected Positions in House Committees, 2006-2016
The length of time a congressional staff member spends employed in a particular position in Congress—or congressional staff tenure—is a source of recurring interest to Members, staff, and the public. A congressional office, for example, may seek this information to assess its human resources capabilities, or for guidance in how frequently staffing changes might be expected for various positions. Congressional staff may seek this type of information to evaluate and approach their own individual career trajectories. This report presents a number of statistical measures regarding the length...
Staff Tenure in Selected Positions in Senate Committees, 2006-2016
The length of time a congressional staff member spends employed in a particular position in Congress—or congressional staff tenure—is a source of recurring interest to Members, staff, and the public. A congressional office, for example, may seek this information to assess its human resources capabilities, or for guidance in how frequently staffing changes might be expected for various positions. Congressional staff may seek this type of information to evaluate and approach their own individual career trajectories. This report presents a number of statistical measures regarding the length...
Staff Tenure in Selected Positions in House Member Offices, 2006-2016
The length of time a congressional staff member spends employed in a particular position in Congress—or congressional staff tenure—is a source of recurring interest to Members, staff, and the public. A congressional office, for example, may seek this information to assess its human resources capabilities, or for guidance in how frequently staffing changes might be expected for various positions. Congressional staff may seek this type of information to evaluate and approach their own individual career trajectories. This report presents a number of statistical measures regarding the length...
Staff Tenure in Selected Positions in Senators’ Offices, 2006-2016
The length of time a congressional staff member spends employed in a particular position in Congress—or congressional staff tenure—is a source of recurring interest to Members, staff, and the public. A congressional office, for example, may seek this information to assess its human resources capabilities, or for guidance in how frequently staffing changes might be expected for various positions. Congressional staff may seek this type of information to evaluate and approach their own individual career trajectories. This report presents a number of statistical measures regarding the length...
Navy Force Structure: A Bigger Fleet? Background and Issues for Congress
Current Navy plans call for achieving and maintaining a fleet of 308 ships of certain types and numbers. Some observers have advocated increasing the Navy’s force-level goal to about 350 ships. The Navy is currently conducting a force structure assessment (FSA), and some observers anticipate that this FSA will lead to a new Navy force-level goal of more than 308 ships, although not necessarily 350 ships. The Navy’s actual size in recent years has generally been in the range of 270 to 290 ships.
Those who advocate increasing the planned size of the Navy to something more than 308 ships...
Work Requirements, Time Limits, and Work Incentives in TANF, SNAP, and Housing Assistance
Congress is again debating work requirements in the context of programs to aid poor and low-income individuals and families. The last major debate in the 1990s both significantly expanded financial supports for working poor families with children and led to the enactment of the 1996 welfare reform law. That law created the Temporary Assistance for Needy Families (TANF) block grant, which time-limited federally funded aid and required work for families receiving cash assistance. Work requirements, time limits, and work incentives are intended to offset work disincentives in social...
Intelligence Community Programs, Management, and Enduring Issues
Congress’s and the American public’s ability to oversee and understand how intelligence dollars are spent is limited by the secrecy that surrounds the intelligence budget process. Yet, total spending on the Intelligence Community (IC) programs discussed in this report equates to approximately $70 billion dollars—roughly 10% of national defense spending. This report is designed to shed light on the IC budget—in terms of its programs, management, and enduring issues—using unclassified materials available in the public domain.
This report focuses those IC programs, grouped, for the most part,...
Land Exchanges: Bureau of Land Management (BLM) Process and Issues
The Bureau of Land Management (BLM) conducts land exchanges with other land owners to acquire and dispose of land. The agency is authorized to conduct land exchanges under the Federal Land Policy and Management Act (FLPMA) of 1976. Additionally, Congress sometimes enacts legislation authorizing and governing specific land exchanges.
FLPMA governs how administrative exchanges are to occur. For instance, land exchanges must be in the public interest, and the federal and nonfederal lands in the exchange are to be in the same state. Further, the values of the lands exchanged are to be equal,...
Internet Gambling: Policy Issues for Congress
Gambling, once widely outlawed, is now a regulated, taxed activity that is legal in some form—bingo, card games, slot machines, state-run lotteries, casinos, and even online—in all states except Hawaii and Utah. Like so many other industries, the gambling industry is being transformed by technology that has begun to shift patronage from casinos, bingo halls, or stores selling lottery tickets to desktop computers and tablets connected to the Internet and to mobile devices that may communicate by telephone or direct satellite links. According to one private estimate, annual revenue in the...
The Terrorist Screening Database and Preventing Terrorist Travel
After the terrorist attacks of September 11, 2001, the federal government developed a unified regimen to identify and list known or suspected terrorists. The regimen has received repeated congressional attention, and this report briefly discusses for congressional policymakers how the U.S. government fashions and uses the Terrorist Screening Database (TSDB) to achieve such an end. It also discusses how the federal government engages in two travel-related screening processes—visa screening and air passenger screening. Both processes involve subsets of the Terrorist Screening Database.
The...
The Vessel Incidental Discharge Act in the 114th Congress: Background and Issues
Today stakeholders broadly agree on the need for strong measures to control vessel discharges, especially ballast water discharges, which can introduce a wide range of contaminants into U.S. and international waters. Ballast water has been identified as a major pathway for introduction of aquatic nuisance, or invasive, species that can harm aquatic ecosystems. Vessel discharge requirements in the United States are a result of U.S. Coast Guard regulations; a U.S. Environmental Protection Agency (EPA) permit; and individual state requirements that apply in nearly one-half of the states....
Treasury’s Recent Report on Foreign Exchange Rate Policies
Treasury Reporting Requirements
In October 2016, the U.S. Department of Treasury released its semi-annual report, “Foreign Exchange Policies of Major Trading Partners of the United States.” This report responds to the new reporting requirements on exchange rates mandated in the Trade Facilitation and Enforcement Act of 2015 (P.L. 114-125), passed by Congress and signed by the President in February 2016. The legislation aims to strengthen mandated Treasury reporting and engagement on the exchange rate policies of major U.S. trading partners in force since 1988. The new reporting...
Congress’s Early Organization Meetings
Since the mid-1970s, the House and Senate have convened early organization meetings in November or December of even-numbered years to prepare for the start of the new Congress in January.
The purposes of these meetings are both educational and organizational. Educational sessions range from legislative procedures and staff hiring to current issues. Organizational sessions elect class officers, party leaders, and chamber officers; name committee representatives and other party officials; and select committee chairmen and often committee members. Such actions are officially ratified at the...
Recent State Election Law Challenges: In Brief
During the final months and weeks leading up to the November 8, 2016, presidential election, courts across the country have ruled in numerous challenges to state election laws. For example, there have been recent court rulings affecting the laws regulating early voting, voter photo identification (ID) requirements, registration procedures, straight-party voting, and voter rolls. Accordingly, many such laws have been recently invalidated, enjoined, or altered. Others continue to be subject to litigation.
Recent rulings in Michigan, North Carolina, Ohio, and Texas are illustrative examples....
Social Services Block Grant: Background and Funding
The Social Services Block Grant (SSBG) is a flexible source of funds that states use to support a wide variety of social services activities. States have broad discretion over the use of these funds. In FY2014, the most recent year for which expenditure data are available, the largest expenditures for services under the SSBG were for foster care, child protective services, child care, and special services for the disabled.
Since FY2002, annual appropriations laws have funded the SSBG at its authorized level of $1.700 billion. However, starting in FY2013, SSBG appropriations have been...
During the lame duck session, the 114th Congress is expected to consider various provisions in the annual defense authorization bill that address U.S. security sector cooperation. If enacted, the FY2017 National Defense Authorization Act (NDAA) could significantly alter the way in which the U.S. Department of Defense (DOD) engages and partners with foreign security forces.
Policy Debate in Context
Successive U.S. Administrations have emphasized the importance of strengthening foreign military partnerships to achieve shared security goals. Over time, the legal authorities underpinning some...
Compensated Work Sharing Arrangements (Short-Time Compensation) as an Alternative to Layoffs
Short-time compensation (STC) is a program within the federal-state unemployment insurance system. In states that have STC programs, workers whose hours are reduced under a formal work sharing plan may be compensated with STC, which is a regular unemployment benefit that has been pro-rated for the partial work reduction.
Although the terms work sharing and short-time compensation are sometimes used interchangeably, work sharing refers to any arrangement under which workers’ hours are reduced in lieu of a layoff. Under a work sharing arrangement, a firm faced with the need to downsize...
Uruguay is a small nation of 3.4 million people located on the Atlantic coast of South America between Brazil and Argentina. The country stands out in Latin America for its strong democratic institutions; high per capita income; and low levels of corruption, poverty, and inequality. As a result of its domestic success and commitment to international engagement, Uruguay plays a more influential role in regional and international affairs than its size might suggest.
Uruguay has drawn increased congressional attention in recent years as a result of several high-profile and controversial...
The Pension Benefit Guaranty Corporation and Single-Employer Plan Terminations
Questions may arise regarding the pensions of private-sector workers and how pension plans may be terminated, particularly in instances where a company experiences financial difficulties. The Employee Retirement Income Security Act (ERISA) regulates plan terminations and provides for three types of single-employer plan terminations—standard, distress, and involuntary—and imposes different responsibilities on the Pension Benefit Guaranty Corporation (PBGC) for each type.
A standard termination occurs when a plan administrator decides to terminate a plan that has assets sufficient to meet...
Corporate Tax Integration: In Brief
In January 2016, Senator Orrin Hatch, chairman of the Senate Finance Committee, announced plans for a tax reform that would explore corporate integration. Corporate integration involves the elimination or reduction of additional taxes on corporate equity investment that arise because corporate income is taxed twice, once at the corporate level and once at the individual level. Traditional concerns are that this system of taxation is inefficient because it (1) favors noncorporate equity investment over corporate investment, (2) favors debt finance over equity finance, (3) favors retained...
Elections Strengthen Georgia’s Ruling Party
On October 8, 2016, and October 30, 2016, the country of Georgia held parliamentary elections, which domestic and international observers assessed as democratic, despite isolated violations and violent incidents. The elections tested the resilience of Georgia’s ruling party, the center-left Georgian Dream-Democratic Georgia (GDDG), founded by oligarch Bidzina Ivanishvili in 2012 to unseat the United National Movement (UNM), formerly led by Mikheil Saakashvili. GDDG won a resounding victory and is on track to enjoy a constitutional majority.
Support for the Georgian Dream
GDDG’s victory...
Department of Homeland Security Preparedness Grants: A Summary and Issues
Following the September 11, 2001, terrorist attacks, Congress increased focus on state and local homeland security assistance by, among other things, establishing the Department of Homeland Security (DHS) and authorizing DHS to administer federal homeland security grant programs. These homeland security grants have been administered by numerous DHS entities, and these grants have focused on such preparedness activities as assistance to states and localities to prepare and respond to terrorist attacks, securing critical infrastructure such as rail and ports, securing nonprofit...
Unauthorized Aliens’ Access to Federal Benefits: Policy and Issues
Federal law bars aliens residing without authorization in the United States from most federal benefits; however, there is a widely held perception that many unauthorized aliens obtain such benefits. The degree to which unauthorized resident aliens should be accorded certain rights and privileges as a result of their residence in the United States, along with the duties owed by such aliens given their presence, remains the subject of debate in Congress. This report focuses on the policy and legislative debate surrounding unauthorized aliens’ access to federal public benefits.
Except for a...
Treatment of Noncitizens Under the Affordable Care Act
The degree to which foreign nationals (noncitizens/aliens) should be accorded access to certain benefits as a result of their presence in the United States, as well as the responsibilities of such persons given their legal status (e.g., immigrants, nonimmigrants, unauthorized aliens), often figures into policy discussions in Congress. These issues become particularly salient when Congress considers legislation to establish new immigration statuses or to create or modify benefit or entitlement programs.
The 111th Congress enacted the Patient Protection and Affordable Care Act (P.L....
Federal Advisory Committees: An Introduction and Overview
Federal advisory committees—which may also be labeled as commissions, councils, task forces, or working groups—are established to assist congressional and executive branch policymaking and grantmaking. In some cases, federal advisory committees assist in solving complex or divisive issues. Federal advisory committees may be established by Congress, the President, or an agency head to render independent advice or provide the federal government with policy recommendations.
In 1972, Congress enacted the Federal Advisory Committee Act (FACA; 5 U.S.C. Appendix—Federal Advisory Committee Act; 86...
Selected Recently Expired Individual Tax Provisions (“Tax Extenders”): In Brief
The Protecting Americans From Tax Hikes (PATH) Act, considered as an amendment to the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2016 (P.L. 114-113), was signed into law on December 18, 2015. That legislation made some tax provisions that had expired at the end of 2014 permanent, and extended others through the 2016 tax year. This report briefly summarizes and discusses selected items categorized as individual tax provisions. These and other temporary tax provisions that have been regularly extended for one or two years are often referred to as “tax...
The Federal Minimum Wage: Indexation
In 1938, the Fair Labor Standards Act (FLSA) established a federal minimum wage of $0.25 per hour. The minimum wage provisions of the FLSA have been amended numerous times since then, typically for the purpose of expanding coverage or raising the wage rate. Since its establishment, the minimum wage rate has been raised 22 separate times, most recently in 2007-2009 when it was increased from $5.15 per hour to its current rate of $7.25 per hour in three steps.
The federal minimum wage changes only when Congress amends the FLSA. Since 1938, Congress has amended the FLSA to raise the minimum...
The Great Lakes-St. Lawrence Seaway Navigation System: Options for Growth
Congress faces infrastructure funding decisions that would support shipping on the Great Lakes and St. Lawrence Seaway (GLSLS). In the Water Resources Development Act of 2016 (H.R. 5303, S. 2848), Congress may decide whether to permanently allocate 10% of certain harbor maintenance funds both to small ports and to Great Lakes ports. On the horizon are debates over construction of a second lock at Sault Ste. Marie, MI, and a second Great Lakes heavy icebreaker vessel. These projects would likely cost several hundred million dollars and take several years to complete.
These funding decisions...
Teenage Pregnancy Prevention: Statistics and Programs
In 2015, U.S. teen births accounted for 5.8% of all births and 12.9% of all nonmarital births. The birth rate for U.S. teenagers (ages 15 through 19) increased in 2006 and 2007 after a steady decline since 1991. However, in each of 2008 through 2015, the teen birth rate dropped below the 2006 teen birth rate, reversing the two-year upward trend. Although the birth rate for U.S. teens has dropped in 22 of the past 24 years, it remains higher than the teen birth rate of most industrialized nations. Preventing teen pregnancy is generally considered a priority among policymakers and the public...
The Uniformed and Overseas Citizens Absentee Voting Act: Overview and Issues
Members of the uniformed services and U.S. citizens who live abroad are eligible to register and vote absentee in federal elections under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA, P.L. 99-410) of 1986. The law was enacted to improve absentee registration and voting for this group of voters and to consolidate existing laws. Since 1942, a number of federal laws have been enacted to assist these voters: the Soldier Voting Act of 1942 (P.L. 77-712, amended in 1944), the Federal Voting Assistance Act of 1955 (P.L. 84-296), the Overseas Citizens Voting Rights Act of 1975...
Framing Spectrum Policy: Legislative Initiatives
As innovation advances wireless communications from the business of providing mobile broadband to consumers into new businesses built around the Internet of Things, the need to revisit spectrum policy may gain in legislative importance. Many policy decisions since the 1990s that deal with spectrum assignment and allocation have focused on assuring the “highest and best use” for spectrum rights by assigning them through competitive auctions. To facilitate the transfer of federal spectrum to commercial wireless services, Congress, in 2004, created the Spectrum Relocation Fund to reimburse...
Did a Thermostat Break the Internet?
On September 20, 2016, the computer security blog KrebsonSecurity (Krebs) was hit with a massive attack —one that surpassed the scale of previously known attacks. One month later, on October 21, 2016, domain name system provider Dyn experienced a similar attack which prevented many users in the United States from accessing popular websites, such as Amazon, Reddit and Twitter.
Both these attacks have in common a malicious botnet named Mirai.
Botnets and Denial of Service Attacks
A botnet is a network of computers or other Internet-connected devices that an attacker has infected with...
Federal Reserve: Legislation in the 114th Congress
The Federal Reserve (Fed) is the subject of legislation being considered in the 114th Congress. These bills contain wide-ranging provisions that can be grouped into four broad categories:
Changes to Fed governance. Some proposals would change the Fed’s institutional structure. H.R. 22 (P.L. 114-94) reduced the dividend paid by the Fed to large commercial banks that hold stock in the Fed and permanently capped the Fed’s surplus at $10 billion. H.R. 3189 would permanently eliminate the Fed’s surplus. H.R. 26 (P.L. 114-1) required at least one nominee for the Fed’s board of governors to have...
Unemployment and Inflation: Implications for Policymaking
The unemployment rate is a vital measure of economic performance. A falling unemployment rate generally occurs alongside rising gross domestic product (GDP), higher wages, and higher industrial production. The government can generally achieve a lower unemployment rate using expansionary fiscal or monetary policy, so it might be assumed that policymakers would consistently target a lower unemployment rate using these policies. Part of the reason policymakers do not revolves around the relationship between the unemployment rate and the inflation rate.
In general, economists have found that...
Unemployment Compensation: The Fundamentals of the Federal Unemployment Tax (FUTA)
The Federal Unemployment Tax Act (FUTA) of 1939 specifies the financing arrangement for the Unemployment Compensation (UC) program. Revenue for the program is provided through payroll taxes levied by both the federal government and the states on a portion of wages paid by covered employers. Total UC expenditures include benefit payments and administrative costs.
Federal unemployment taxes are deposited with the U.S. Treasury and credited to the federal accounts within the Unemployment Trust Fund (UTF). Federal unemployment taxes pay for state administrative costs, half the cost of...
The Precision Medicine Initiative
On February 25, 2016, the White House hosted a Precision Medicine Initiative (PMI) Summit to mark the one year anniversary of the initiative’s launch, first announced in last year’s State of the Union address. The mission of the PMI is “(t)o enable a new era of medicine through research, technology, and policies that empower patients, researchers, and providers to work together toward development of individualized care.” The PMI primarily involves three federal agencies—the National Institutes of Health (NIH), the Food and Drug Administration (FDA), and the Office of the National...
The Social Security Administration (SSA) is responsible for administering two federal entitlement programs that provide income support to individuals with severe, long-term disabilities: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI is a social insurance program that provides monthly cash benefits to nonelderly disabled workers who paid Social Security taxes for a sufficient number of years in jobs covered by Social Security and to their eligible dependents. In contrast, SSI is a public assistance program that provides monthly cash benefits to...
Legal Processes for Contesting the Results of a Presidential Election
Questions occasionally surface regarding potential voting fraud or election irregularities in presidential elections. (See, for example, Sean Sullivan and Philip Rucker, “Trump’s Claim of Rigged’ Vote Stirs Fears of Trouble,” Washington Post, October 18, 2016, p. A1; Edward-Isaac Dovere, “Fears Mount on Trump’s Rigged Election’ Rhetoric,” Politico, October 16, 2016; Daniel Kurtzleben, “5 Reasons (And Then Some) Not to Worry About A Rigged’ Election,” NPR, October 18, 2016). If legitimate and verifiable allegations of voting fraud, or indications of misconduct by election officials on...
Yemen: Recent Attacks Against U.S. Naval Vessels in the Red Sea
Overview
In recent weeks, the United States has been drawn deeper into the Yemen war, which has killed an estimated 10,000 people since it began in March 2015. In October 2016, military units allied with the Houthi movement and former Yemeni President Ali Abdullah Saleh (Houthi-Saleh forces) reportedly launched anti-ship missiles at U.S. Navy vessels on patrol off the coast of Yemen. While no U.S. warship was damaged, a similar attack earlier in October damaged a U.S. transport ship leased by the United Arab Emirates (UAE). The attacks against the U.S. ships marked the first time U.S....
State Voter Identification Requirements: Analysis, Legal Issues, and Policy Considerations
About 60% of U.S. voters live in the 32 states that require a voter at a polling place to produce an identification document (ID) before casting a ballot. Among those states, 19 permit voters without ID to cast a ballot through alternative means, such as signing an affidavit; 13 strictly enforce the ID requirement. The other 18 states and the District of Columbia have a range of nondocument requirements instead.
Over the last two decades, the number of states requiring voter IDs has tripled. The stringency of those requirements is controversial. States vary substantially in the range of...
Next Steps for Auction of TV Broadcast Airwaves to Commercial Carriers
The closing phases of an incentive auction process to license airwaves currently used for television broadcasting began on August 16, 2016. Bidding for commercial licenses in the first stage concluded on August 30, without meeting rules and conditions established by the Federal Communications Commission (FCC). The FCC therefore scheduled a second stage to set new targets for clearing spectrum. The reverse auction of Stage 2 concluded on October 17, establishing $54.6 billion as the amount to be met by wireless carriers in the next forward auction, beginning October 19. Licenses covering 90...
President Obama Ends Economic Sanctions on Burma
President Obama ended two decades of U.S. economic sanctions on Burma on October 7, 2016, when he issued Executive Order (E.O.) 13742, “Termination of Emergency with Respect to the Actions and Policies of the Government of Burma.” E.O. 13742 ended the national emergency with respect to Burma that had been in effect since 1997, and revoked that order and five other Executive Orders that imposed, enforced, or waived economic sanctions on Burma. In addition, E.O. 13742 waived the economic sanctions authorized by Section 5(b) of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic...
Ocean Dumping Act: A Summary of the Law
The Marine Protection, Research, and Sanctuaries Act (MPRSA) has two basic aims: to regulate intentional ocean disposal of materials, and to authorize related research. Permit and enforcement provisions of the law are often referred to as the Ocean Dumping Act. The basic provisions of the act have remained virtually unchanged since 1972, when it was enacted to establish a comprehensive waste management system to regulate disposal or dumping of all materials into marine waters that are within U.S. jurisdiction, although a number of new authorities have been added. This report presents a...
The deadlocked November 2000 presidential election focused national attention on previously obscure details of election administration. Congress responded with the Help America Vote Act of 2002 (HAVA; P.L. 107-252). HAVA created the Election Assistance Commission (EAC), established a set of election administration requirements, and provided federal funding, but it did not supplant state and local control over election administration. Several issues have arisen or persisted in the years since HAVA was enacted.
Some observers have criticized the EAC for being obtrusive, slow, ineffectual,...
The High-Speed Intercity Passenger Rail (HSIPR) Grant Program: Overview
Since 1964, when Japan opened the first rail line allowing trains to travel safely at speeds greater than 150 miles per hour, several European and Asian countries have built high-speed rail lines. There have been frequent calls for the United States to develop similar high-speed rail services, but none have been built. The financial challenge of building high-speed rail lines, which requires many billions of dollars to be spent over a lengthy period before service opens and revenues begin to be collected, makes government financial support unavoidable. Governments in other countries have...
Clean Water Act: A Summary of the Law
The principal law governing pollution of the nation’s surface waters is the Federal Water Pollution Control Act, or Clean Water Act. Originally enacted in 1948, it was totally revised by amendments in 1972 that gave the act its current dimensions. The 1972 legislation spelled out ambitious programs for water quality improvement that have since been expanded and are still being implemented by industries and municipalities.
This report presents a summary of the law, describing the statute without discussing its implementation. Other CRS reports discuss implementation, including CRS Report...
Procedures for Contested Election Cases in the House of Representatives
Under the U.S. Constitution, each House of Congress has the express authority to be the judge of the “elections and returns” of its own Members (Article I, Section 5, clause 1). Although initial challenges and recounts for House elections are conducted at the state level under the state’s authority to administer federal elections (Article I, Section 4, cl. 1), continuing contests may be presented to the House, which may make a conclusive determination of a claim to the seat.
In modern practice, the primary way for an election challenge to be heard by the House is by a candidate-initiated...
Iran’s State-Linked Conglomerates
Issue Overview
The Joint Comprehensive Plan of Action (JCPOA) multilateral nuclear agreement with Iran, which took effect on January 16, 2016, has raised questions about the economic and political effects of sanctions relief provided under the agreement. Although Iran has a substantial private sector composed, at least in part, of large import-export trading houses, several years of sanctions have enabled regime leaders and institutions to acquire control of significant portions of the economy. The question for the Administration and Congress is whether sanctions relief will benefit...
Congress and the Budget: 2016 Actions and Events
The Constitution grants Congress the power of the purse, but does not dictate how Congress must fulfill this constitutional duty. Congress has, therefore, developed certain types of budgetary legislation, along with rules and practices that govern its content and consideration. This set of budgetary legislation, rules, and practices is often referred to as the congressional budget process.
There is no prescribed congressional budget process that must be strictly followed each year, and Congress does not always consider budgetary measures in a linear or predictable pattern. Such...
Farm and Food Support Under USDA’s Section 32 Program
“Section 32” is a permanent appropriation that since 1935 has set aside the equivalent of 30% of annual customs receipts to support the farm sector through the purchase of surplus commodities and a variety of other activities. The appropriation has totaled nearly $10 billion annually in recent years. Today, most of the appropriation (about $8.4 billion) is transferred to the U.S. Department of Agriculture’s (USDA’s) child nutrition account, with a separate amount (about $144 million) transferred to the Department of Commerce for fisheries activities. The Secretary of Agriculture, acting...
Irrigation in U.S. Agriculture: On-Farm Technologies and Best Management Practices
Recent threats to water availability as a result of moderate to exceptional drought in several states have raised questions about agricultural water use and efficiencies across the United States. An understanding of common irrigation technologies and the impacts of best management practices in irrigation may be useful to Congress concerning potential policy responses to this issue. As a major user of water, the agricultural industry’s use of water resources continues to be a focal point of agriculture policy. Additional demands on water supplies, extreme weather events (e.g., prolonged...
Community Service Requirement for Residents of Public Housing
The Quality Housing and Work Responsibility Act of 1998 (P.L. 105-276) included provisions designed to promote employment and self-sufficiency among residents of assisted housing, including a mandatory work or community service requirement for residents of public housing. Non-elderly, non-disabled, non-working residents of public housing are required to participate in eight hours per month of either community service or economic self-sufficiency activities in order to maintain their eligibility for public housing.
The community service requirement has been controversial since its...
DEA Scheduling Actions on Kratom
On August 30, 2016, the Drug Enforcement Administration (DEA) announced its intent to temporarily place into Schedule I of the Controlled Substances Act (CSA) the “active materials” in the kratom plant. The DEA’s notice of intent initiated an expedited temporary scheduling action and provided the 30-day notice required by 21 U.S.C. §811(h) of the CSA. However, on October 12, in response to public concern over the scheduling action and the public request for the DEA to consider public comments, the DEA withdrew its notice of intent to temporarily place kratom into Schedule I. The DEA is...
Current Vacancies on the U.S. Court of Federal Claims: Overview and Historical Context
Over the past several decades, there has been ongoing Senate interest in appointments to the United States Court of Federal Claims. This Insight provides information related to the number of current vacancies on the court, and how long these particular vacancies have existed. It also provides, for historical context, similar information for past vacancies on the court.
The Court of Federal Claims was established by Congress in 1982, assuming the original jurisdiction of the U.S. Court of Claims, which had been in existence since 1855 (and which was abolished in 1982 by the same statute...
Trafficking in Persons in Latin America and the Caribbean
Countries in Latin America serve as source, transit, and destination countries for trafficking in persons (TIP). Victims are exploited within their own countries and trafficked to other countries in the region. Latin America is also a primary source region for people trafficked to the United States, including by transnational organized crime groups. In FY2015, Mexico was the primary country of origin for foreign trafficking victims certified as eligible to receive U.S. assistance. Recent victims identified in the United States also have originated in Brazil and Central America. Smaller...
Overview of Continuing Appropriations for FY2017 (H.R. 5325)
The purpose of this report is to provide an analysis of the continuing appropriations provisions for FY2017 in H.R. 5325. The measure also included provisions covering appropriations in the Military Construction and Veterans Affairs Appropriations bill for all of FY2017 (Division A), as well as emergency funds to combat the Zika virus and provide relief for flood victims in Louisiana and other affected states (Division B). On September 29, 2016, the President signed H.R. 5325 into law (P.L. 114-223).
Division C of H.R. 5325 was termed a “continuing resolution” (CR) because measures to...
Recent Developments in U.S.-Russian Nonproliferation Cooperation
On October 3, 2016, Russian President Vladimir Putin issued a decree suspending participation in a bilateral U.S.-Russia weapons plutonium disposal agreement (the 2000 Plutonium Management and Disposition Agreement, or PMDA). The next day, Russia suspended participation in a 2013 cooperative agreement on nuclear- and energy-related research and terminated a third from 2010 on exploring options for converting research reactors from weapons-usable fuel.
These agreements are part of a suite of nonproliferation and nuclear security agreements the two countries concluded starting in the 1990s...
Receipt of Unemployment Insurance by Higher-Income Unemployed Workers (“Millionaires”)
Under the federal-state Unemployment Insurance (UI) system, there is currently no prohibition on the receipt of UI benefits by high-income unemployed workers. States, which determine many of the eligibility requirements for UI benefits, may not restrict eligibility based on individual or household income.
Recent Congresses, however, have considered proposals to restrict the payment of unemployment benefits to high-income individuals. These proposals define high income in a variety of ways—often prohibiting UI benefits for “millionaires.” For instance, in the 112th Congress, the...
On September 28, 2016, President Obama issued Presidential Determination 2016-14 waiving for the first time the military assistance restrictions that are mandated by the Child Solider Prevention Act of 2008 (CSPA; 22 U.S.C. 2370c et seq.) with respect to Burma. Other restrictions on military assistance to Burma for FY2017 remain in effect. The accompanying memorandum of justification indicated that the waiver was in the national interest of the United States to support and strengthen Burma’s democratic transition, and that the new Burmese government is “a willing partner that will work to...
EPA’s Vessel General Permits: Background and Issues
In November 2011 the Environmental Protection Agency (EPA) proposed two Clean Water Act (CWA) permits to regulate certain types of vessel discharges into U.S. waters. The proposed permits would replace a single Vessel General Permit (VGP) issued in 2008 that was due to expire in December 2013. As proposed, the permits would apply to approximately 71,000 large domestic and foreign vessels and perhaps as many as 138,000 small vessels. This universe of regulated entities is diverse as well as large, consisting of tankers, freighters, barges, cruise ships and other passenger vessels, and...
Rule XI, clause 2(a)(1) directs each standing committee to adopt “written rules governing its procedure.” This paragraph continues: “Such rules ... (B) may not be inconsistent with the Rules of the House or with those provisions of law having the force and effect of Rules of the House....” Rule XI, clause 1(a)(1)(A) in addition states: “The Rules of the House are the rules of its committees and subcommittees so far as applicable.” Finally, Rule XI, clause 1(a)(1)(B) subordinates subcommittees to the committee of which they are a part: “Each subcommittee is a part of its committee and is...
Social Media in the House of Representatives: Frequently Asked Questions
Recently, the number of Member offices adopting social media as an official communications tool has increased. With the increased use of social media accounts for official representational duties, the House has adopted policies and regulations regarding the creation, content, and use of third-party social media services. This report answers several questions about the regulation of social media accounts in the House of Representatives. How does the House define social media? How are social media accounts regulated in the House? What makes a social media account an official resource? Can...
Water Resources Development Act of 2016: Army Corps of Engineers Provisions in H.R. 5303 and S. 2848
Water Resources Development Act (WRDA) provisions typically relate directly to the U.S. Army Corps of Engineers (Corps) or more broadly to water resource infrastructure, such as dams and levees.
The House version of WRDA 2016 (H.R. 5303) continues the traditional focus on the Corps. The House passed H.R. 5303 on September 28, 2016.
The Senate version (S. 2848) is an omnibus water bill that addresses a variety of water issues and the activities of multiple departments and agencies. The Senate passed S. 2848 on September 15, 2016.
For a brief description of the two bills, including their...
The United States as a Net Debtor Nation: Overview of the International Investment Position
The international investment position of the United States is an annual measure of the assets Americans own abroad and the assets foreigners own in the United States. The net position, or the difference between the two, sometimes is referred to as a measure of U.S. international indebtedness. This designation is not strictly correct, because the net international investment position reveals the difference between the total assets Americans own abroad and the total amount of assets foreigners own in the United States. These assets generate flows of capital into and out of the economy that...
Water Resources Development Act of 2016: H.R. 5303 and S. 2848
The House and Senate versions of the Water Resources Development Act of 2016 (WRDA 2016) have different scopes. The House version of WRDA 2016 (H.R. 5303) continues the traditional focus of WRDAs on the Army Corps of Engineers (Corps). The House passed H.R. 5303 on September 28, 2016. The Senate bill (S. 2848) is an omnibus water bill addressing a variety of water issues and activities of multiple federal agencies; the Senate passed S. 2848 on September 15, 2016. The provisions below illustrate the scope and potential effects of the two bills. Corps Authorizations and Funding Senate and...
Tax Policy and U.S. Territories: Overview and Issues for Congress
There are 14 U.S. territories, or possessions, five of which are inhabited: Puerto Rico (PR), Guam, U.S. Virgin Islands (USVI), American Samoa (AS), and the Commonwealth of the Northern Mariana Islands (CNMI). Each of these inhabited territories has a local tax system with features that help determine each territory’s local public finances.
The U.S. Internal Revenue Code (IRC) has two important roles in establishing the tax policy relationship between the United States and the territories. First, native residents of U.S. territories are U.S. citizens or nationals but are taxed more...
Conservation Compliance and U.S. Farm Policy
The Food Security Act of 1985 (P.L. 99-198, 1985 farm bill) included a number of significant agricultural conservation provisions designed to reduce farm production and conserve soil and water resources. Many of the provisions remain in effect today, including the two compliance provisions—highly erodible land conservation (sodbuster) and wetland conservation (swampbuster). The two provisions, collectively referred to as conservation compliance, require that in exchange for certain U.S. Department of Agriculture (USDA) program benefits, a producer agrees to maintain a minimum level of...
Presidential Transition Act: Provisions and Funding
The Presidential Transition Act of 1963 (PTA) authorizes funding for the General Services Administration (GSA) to provide suitable office space, staff compensation, and other services associated with the presidential transition process (3 U.S.C. §102 note). The act has been amended a number of times since 1963 in response to evolving understandings of the proper role of the government in the transition process. Since the 2008-2009 transition, the PTA has been amended twice. The Pre-Election Presidential Transition Act of 2010 (P.L. 111-283) did so by authorizing additional support to...
Should the U.S. Relinquish Its Authority Over the Internet Domain Name System?
On March 14, 2014, the National Telecommunications and Information Administration (NTIA) of the Department of Commerce announced the intention to transition its stewardship role and procedural authority over key Internet domain name functions to the global Internet multistakeholder community. NTIA’s existing authority over the domain name system (DNS) primarily derives from a contract with the Internet Corporation for Assigned Names and Numbers (ICANN). The FY2017 Continuing Resolution, as passed by the Senate and House, did not include language to prevent NTIA from allowing its contract...
Paris Climate Change Agreement to Enter into Force November 4
The Paris Agreement (PA), which addresses climate change through international cooperation, is set to take effect on November 4, 2016. With the ratifications by the European Union, seven EU member states, New Zealand, and India—along with earlier actions by the United States, China, and other countries—the threshold was passed for the treaty to enter into force: Entry into force occurs on the 30th day after at least 55 countries, representing at least 55% of officially reported greenhouse gas (GHG) emissions, deposit their ratifications, acceptances, or approvals with the United Nations...
Military Construction: FY2017 Appropriations
Military construction for active and reserve components of the Armed Forces, military family housing construction and operations, the U.S. contribution to the NATO Security Investment Program, military base closures and realignment actions, and the military housing privatization initiative will be funded through Title I and Title IV of the FY2017 Military Construction, Veterans Affairs, and Related Agencies Appropriations Act. The act is associated with three separate bill numbers: H.R. 4974, S. 2806, and H.R. 2577.
For FY2017, the President requested $7.44 billion in new budget authority...
Labor, Health and Human Services, and Education: FY2016 Appropriations
This report provides an overview of actions taken by Congress and the President to provide FY2016 appropriations for accounts funded by the Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) appropriations bill. This bill provides funding for all accounts funded through the annual appropriations process at the Departments of Labor (DOL) and Education (ED). It provides annual appropriations for most agencies within the Department of Health and Human Services (HHS), with certain exceptions (e.g., the Food and Drug Administration is funded via the...
Patents and Prescription Drug Importation
Prescription drugs often cost far more in the United States than in other countries. Some consumers have attempted to import medications from abroad in order to realize cost savings. The practice of importing prescription drugs outside the distribution channels established by the brand-name drug company is commonly termed “parallel importation” or “re-importation.” Parallel imports are authentic products that are legitimately distributed abroad and then sold to consumers in the United States, without the permission of the authorized U.S. dealer.
Numerous bills have been introduced in the...
Midnight Rulemaking: Background and Options for Congress
During the final months of recent presidential administrations, federal agencies have typically issued a larger number of rules relative to comparable time periods earlier in the administration. This phenomenon is often referred to as “midnight rulemaking.” Various scholars and public officials have documented evidence of midnight rulemaking by several recent outgoing administrations, especially for those outgoing administrations that will be replaced by an administration of a different party.
The most likely explanation for the issuance of “midnight rules” is the desire of the outgoing...
Extradition To and From the United States: Overview of the Law and Contemporary Treaties
“Extradition” is the formal surrender of a person by a State to another State for prosecution or punishment. Extradition to or from the United States is a creature of treaty. The United States has extradition treaties with over a hundred nations, although there are many countries with which it has no extradition treaty. International terrorism and drug trafficking have made extradition an increasingly important law enforcement tool. This is a brief overview of the adjustments made in recent treaties to accommodate American law enforcement interests, and then a nutshell overview of the...
Stafford Act Assistance for Public Health Incidents
This Insight provides a brief overview of Stafford Act declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (hereinafter the Stafford Act—42 U.S.C. 5721 et seq.) and the types of assistance that could be authorized in response to public health incidents in general, and infectious disease incidents such as the Zika virus outbreak in particular. This Insight also provides examples of Stafford Act declarations that have been previously issued to address such incidents.
Overview
The Stafford Act authorizes the President to issue two types of declarations that...
An Abridged Sketch of Extradition To and From the United States
“Extradition” is the formal surrender of a person by a State to another State for prosecution or punishment. Extradition to or from the United States is a creature of treaty. The United States has extradition treaties with over a hundred nations, although there are many countries with which it has no extradition treaty. International terrorism and drug trafficking have made extradition an increasingly important law enforcement tool.
Extradition treaties are in the nature of a contract and generate the most controversy with respect to those matters for which extradition may not be had. In...
Poverty in the United States in 2015: In Brief
In 2015, approximately 43.1 million people, or 13.5% of the population, had incomes that fell below the official definition of poverty in the United States. These statistics represented a noticeable drop from the previous year, both in the number of poor, which had been 46.7 million in 2014, and the poverty rate (the percentage that were in poverty), which fell from 14.8%.
The drop in the U.S. poverty rate was broad-based, with poverty lessening among many demographic groups.
Families with a female householder and no spouse present (female-householder families) historically have had...
What Does Fish Consumption Have to Do With Water Quality Standards?
Controversies have arisen in several states over establishment of ambient water quality standards. At issue is whether states are setting standards at levels that adequately protect public health from pollutants in waterways. Some groups argue that states are adopting overly stringent standards that are unattainable and unaffordable and are being pressured to do so by the U.S. Environmental Protection Agency (EPA). Others contend that the states are failing to protect population groups that consume large amounts of fish, such as members of Indian tribes that have treaty fishing rights. The...
Human-Induced Earthquakes from Deep-Well Injection: A Brief Overview
The development of unconventional oil and natural gas resources using horizontal drilling and hydraulic fracturing has created new demand for disposal wells that inject waste fluids into deep geologic formations. Deep-well injection has long been the environmentally preferred method for managing produced brine and other wastewater associated with oil and gas production. However, an increasing concern in the United States is that injection of these fluids may be responsible for increasing rates of seismic activity. The number of earthquakes of magnitude 3.0 or greater in the central and...
Energy Policy: 114th Congress Issues
Energy policy in the United States has focused on three major goals: assuring a secure supply of energy, keeping energy costs low, and protecting the environment. In pursuit of those goals, government programs have been developed to improve the efficiency with which energy is utilized, to promote the domestic production of conventional energy sources, and to develop new energy sources, particularly renewable sources.
Implementing these programs has been controversial because of varying importance given to different aspects of energy policy. For some, dependence on imports of foreign...
Zika Response Funding: Request and Congressional Action
The second session of the 114th Congress has considered whether and how to provide funds to control the spread of the Zika virus throughout the Americas. Zika infection, which is primarily spread by Aedes mosquitoes and sexual contact, has been linked to birth defects and other health concerns. Local transmission of the virus has occurred in Puerto Rico, American Samoa, the U.S. Virgin Islands, and Florida.
On February 22, 2016, the Obama Administration requested more than $1.89 billion in supplemental funding for the Zika response, all of which it asked to be designated as an emergency...
Statutorily Required Federal Advisory Committees that Began Operations in FY2015
Congress regularly establishes federal advisory committees—sometimes called task forces, panels, commissions, working groups, boards, councils, or conferences. Many of these committees are required to operate pursuant to the Federal Advisory Committee Act (FACA; 5 U.S.C. Appendix), which seeks to make advisory committee operations more accessible and transparent. Federal advisory committees are one of only a few formalized mechanisms for private-sector citizens to participate in the executive branch’s policymaking process. FACA committees are prohibited from creating policy or issuing...
Wells Fargo Customer Account Scandal: Regulatory Policy Issues
Wells Fargo Bank, N.A., is a large federally chartered depository bank. Reportedly, thousands of Wells Fargo employees harmed bank customers in a variety of ways, including opening unauthorized deposit and credit card accounts in customers’ names, enrolling customers in online banking services they did not ask for, and transferring funds among existing and unauthorized accounts. These revelations present a number of policy issues in the areas of consumer protection, corporate governance, regulatory agency performance, and congressional oversight. This scandal is being examined at House and...
Encryption: Frequently Asked Questions
Encryption is a process to secure information from unwanted access or use. Encryption uses the art of cryptography to change information which can be read (plaintext) and make it so that it cannot be read (ciphertext). Decryption uses the same art of cryptography to change that ciphertext back to plaintext. Encryption takes five elements to work: plaintexts, keys, encryption methods, decryption methods, and ciphertexts. Data that are in a state of being stored or in a state of being sent are eligible for encryption. However, data that are in a state of being processed—that is being...
The Hatch-Waxman Act: A Primer
Congress has for many years expressed interest in both medical innovation and the growing cost of health care. The Drug Price Competition and Patent Term Restoration Act of 1984, commonly known as the Hatch-Waxman Act, addressed each of these concerns. Through amendments to both the patent law and the food and drug law, the Hatch-Waxman Act established several practices intended to facilitate the marketing of generic pharmaceuticals while providing brand-name firms with incentives to innovate.
The Hatch-Waxman Act established an expedited pathway for generic drug companies to obtain Food...
United States Supreme Court: Criminal Law Cases in the October 2015 Term
The white collar crimes on the Supreme Court’s 2015 docket consist of three Hobbs Act cases and one on computer fraud (Musacchio v. United States). The Hobbs Act outlaws robbery and extortion when committed in a manner which “in any way or degree” obstructs interstate commerce. One of the Hobbs Act cases before the Court (Taylor v. United States) involves the robbery of suspected drug dealers. The second (Ocasio v. United States) consists of a kickback conspiracy between traffic cops and body shop owners. The third (McDonnell v. United States) involves a local drug manufacturer who...
EPA’s Clean Power Plan: Highlights of the Final Rule
On August 3, 2015, the Environmental Protection Agency (EPA) finalized regulations that address carbon dioxide (CO2) emissions in the electric power sector. The Clean Power Plan (CPP) final rule requires states to submit plans that would reduce carbon dioxide (CO2) emissions or emission rates—measured in pounds of CO2 emissions per megawatt-hour of electricity generation—from existing fossil fuel electricity generating units. EPA estimates that in 2030, the CPP will result in CO2 emission levels from the electric power sector that are 32% below 2005 levels.
The CPP is the subject of...
Housing for Persons Living with HIV/AIDS
Since the beginning of the acquired immunodeficiency syndrome (AIDS) epidemic in the early 1980s, many individuals living with the disease have had difficulty finding affordable, stable housing. In the earlier years of the epidemic, as individuals became ill, they found themselves unable to work, while at the same time facing health care expenses that left few resources to pay for housing. In more recent years, HIV and AIDS have become more prevalent among low income populations who struggled to afford housing even before being diagnosed with the disease. The financial vulnerability...
U.S. Peanut Program and Issues
According to the U.S. Department of Agriculture (USDA), the United States is expected to be the fourth-largest producer and third-largest exporter of peanuts in the world in 2016. In addition to its prominent role in international markets, U.S. peanut production and marketing is an important activity in several states located in the southeastern and southwestern United States. The U.S. peanut crop has been eligible for certain federal farm support programs since the 1930s—initially under a quota system and, since 2002, under the income support programs available for other major program...
The Yahoo! Data Breach—Issues for Congress
On September 22, 2016, Yahoo! announced that information on at least 500 million user accounts had been stolen. It reported that compromised information included “names, email addresses, telephone numbers, dates of birth, hashed passwords ... and, in some cases, encrypted or unencrypted security questions and answers.” The breach started in late 2014, but Yahoo! did not say when it was detected.
It is not clear what the impact on individuals will be. It appears that passwords were properly secured, but if a state actor with immense resources is involved, the passwords could be...
FERC Reviewing Its Approach to Market Power Determinations
On September 22, 2016, the Federal Energy Regulatory Commission (FERC or the Commission) issued a Notice of Inquiry (NOI) to explore whether it should revise its current approach to “identifying and assessing” market power in electric utility transactions. FERC defines market power as “[t]he ability of any market participant with a large market share to significantly control or affect price by withholding production from the market, limiting service availability, or reducing purchases.”
FERC’s rationale for the NOI arose from the different ways market power can be analyzed under its rules....
On July 26, 2016, President Obama signed Presidential Policy Directive 41, United States Cyber Incident Coordination, “setting forth principles governing the Federal Government’s response to any cyber incident, whether involving government or private sector entities.” Issued following high-profile attacks such as the Office of Personnel Management (OPM) breach in 2015 and the recent breach of the Democratic National Committee’s (DNC’s) email system, the directive addresses a number of cyber-related issues, including defining various types of cyber incidents as well as departmental roles...
Overview of EPA Standards for “Coal Ash” Disposal
On October 19, 2015, U.S. Environmental Protection Agency (EPA) regulations applicable to the disposal of coal combustion residuals (CCR) went into effect. CCR, commonly known as “coal ash,” is generated when power plants burn coal to produce electricity. (See EPA’s Coal Ash website.) EPA promulgated the standards under its existing authorities in the Solid Waste Disposal Act (more commonly referred to by the title of its 1976 amendment, the Resource Conservation and Recovery Act, or RCRA). Codified at 40 C.F.R. 257 Part D, the regulations establish minimum national standards that must be...
Conflict in South Sudan and the Challenges Ahead
South Sudan, which separated from Sudan in 2011 after almost 40 years of civil war, was drawn into a devastating new conflict in late 2013, when a political dispute that overlapped with preexisting ethnic and political fault lines turned violent. Civilians have been routinely targeted in the conflict, often along ethnic lines, and the warring parties have been accused of war crimes and crimes against humanity. The war and resulting humanitarian crisis have displaced more than 2.7 million people, including roughly 200,000 who are sheltering at U.N. peacekeeping bases in the country. Over 1...
Child Support Enforcement and the Hague Convention on Recovery of International Child Support
The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (the Convention) was adopted at the Hague Conference on Private International Law on November 23, 2007. The Convention contains procedures for processing international child support cases that are intended to be uniform, simple, efficient, accessible, and cost-free to U.S. citizens seeking child support in other countries. The United States was the first country to sign the Convention. For many international cases, U.S. courts and state Child Support Enforcement (CSE) agencies already...
Designation of Global ‘Too Big To Fail’ Firms
Hearings in both the House and the Senate have examined the role and processes for U.S. financial regulators and the international standard-setting body—the Financial Stability Board (FSB)—for designating large financial institutions as systemically important (or “too big to fail”). Members of Congress and various witnesses have raised concerns that the process of FSB designation for global firms, including U.S. firms, is opaque, and that it has potentially costly implications for large U.S. financial firms without affording them U.S. legal means of redress or U.S. “due process.” H.R. 1309...
U.S. Agricultural Trade with Cuba: Current Limitations and Future Prospects
After more than half a century during which trade relations between the United States and Cuba have evolved from a tight economic embargo to a narrow window of trade in U.S. agricultural and medical products, the diplomatic initiative that President Obama announced in December 2014 to restore more normal relations with Cuba has raised the possibility that bilateral relations could move toward an expansion in commercial opportunities.
Many U.S. agricultural and food industry interests believe the Cuban market could offer meaningful export expansion potential for their products—but only if...
Veterans’ Benefits: The Department of Veterans Affairs and the Duty to Assist Claimants
The Department of Veterans Affairs (VA) provides an array of benefits to veterans and to certain members of their families. These benefits include disability compensation and pensions, education benefits, survivor benefits, medical treatment, life insurance, vocational rehabilitation, and burial and memorial benefits. In order to apply for these benefits, in most circumstances, the claimant will send an application to his or her local VA Regional Office or apply online. Once a veteran has filed an application for benefits with the VA, the agency has a unique obligation to the claimant when...
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has been ratified by 183 nations, including the United States. It regulates the international trade in animals and plants that may be threatened by trade. CITES entered into force in 1975 and currently regulates the trade of approximately 30,000 species of plants and 5,600 species of animals. Many believe that CITES has been a success, noting that no species listed under CITES has gone extinct in the last 30 years. Others believe that CITES, although successful, has had implementation difficulties,...
County Agricultural Revenue Coverage (ARC) Payment Disparities: What Are the Issues?
In October 2015, the U.S. Department of Agriculture (USDA) made the first payments for 2014 crops under the new revenue programs provided by the 2014 farm bill (Agricultural Act of 2014, P.L. 113-79). At that time, significant discrepancies in county-level payments were discovered under the Agricultural Revenue Coverage (ARC) program. These significant discrepancies—which appear to be due, in part, to average county yield calculations—have generated considerable concern about whether the new revenue program is working as intended and whether USDA is implementing it with sufficient...
This Insight highlights some of the major policy proposals included in H.R. 5983, the Financial CHOICE Act (FCA). The FCA was ordered to be reported by the House Financial Services Committee on September 13, 2016 and is part of the House Republicans’ “A Better Way” policy agenda. The FCA encompasses a broad package of reforms to the financial regulatory system, including significant changes to the Dodd-Frank Act (DFA; P.L. 111-203). The FCA incorporates many bills that have previously received committee or floor consideration. For more on the FCA, see CRS Report R44631, The Financial...
Ex-Im Bank: No Quorum, No Problem?
The Export-Import Bank (Ex-Im Bank) is operating on a limited basis despite a renewal of its general statutory charter through FY2019 (P.L. 114-94, Division E, enacted December 4, 2015). The absence of a Board of Directors quorum constrains Ex-Im Bank’s ability to approve medium- and long-term export financing above $10 million. The Board’s status is of congressional interest because nominations to the Board are subject to Senate approval, and debate over it relates to broader issues for Congress over Ex-Im Bank (see CRS In Focus IF10017, Export-Import Bank of the United States (Ex-Im...
Saudi Military Campaign in Yemen Draws Congressional Attention to U.S. Arms Sales
Some lawmakers have introduced legislation seeking to condition or prohibit the sale or transfer of certain weapons and the provision of some U.S. foreign assistance to Saudi Arabia. These proposals have come amid reports of Yemeni civilian casualties resulting from Saudi-led coalition military operations in Yemen, which resumed in August 2016. Some lawmakers suggest that U.S. arms sales and military support to Saudi Arabia are enabling alleged Saudi violations of international humanitarian law. Human rights organizations seek further investigations into the alleged Saudi violations, and...
Questions of the Privileges of the House
A question of the privileges of the House is a formal declaration by a Member of the House asserting that a situation has arisen that affects “the rights of the House collectively, its safety, dignity, and the integrity of its proceedings.” When making the declaration, the Member submits a resolution providing detail on the situation and typically urging action of some sort.
The notion of such questions predates Congress, and House precedent states, “The tradition of Anglo-American parliamentary procedure recognizes the privileged status of questions related to the honor and security of a...
Overview of the Appeal Process for Veterans’ Claims
Congress, through the U.S. Department of Veterans Affairs (VA), provides a variety of benefits and services to veterans and to certain members of their families. These benefits include disability compensation and pensions, education benefits, survivor benefits, medical treatment, life insurance, vocational rehabilitation, and burial and memorial benefits. In order to receive these benefits, a veteran (or an eligible family member) must apply for them by submitting the necessary information to a local VA office. The local VA office will make an initial determination on the application for...
CHIP and the ACA Maintenance of Effort (MOE) Requirement: In Brief
The State Children’s Health Insurance Program (CHIP) is a means-tested program that provides health coverage to targeted low-income children and pregnant women in families that have annual income above Medicaid eligibility levels but do not have health insurance. CHIP is jointly financed by the federal government and the states and administered by the states. The federal government sets basic requirements for CHIP, but states have the flexibility to design their own version of CHIP within the federal government’s basic framework. States may design their CHIP programs in three ways: a CHIP...
Behavioral Health Among American Indian and Alaska Natives: An Overview
Behavioral health problems (e.g., mental disorders, substance use disorders, and suicide) among the American Indian and Alaska Native (AI/AN) population have been the subject of multiple congressional hearings, introduced bills, and Administration initiatives in recent years.
Research on AI/AN behavioral health demonstrates three key points: Relative to the general U.S. population, the AI/AN population has (1) a high prevalence of risk factors for behavioral health problems, (2) a high prevalence of behavioral health problems, and (3) limited access to care for behavioral health problems....
Super PACs in Federal Elections: Overview and Issues for Congress
Super PACs emerged after the U.S. Supreme Court permitted unlimited corporate and union spending on elections in January 2010 (Citizens United v. Federal Election Commission). Although not directly addressed in that case, related, subsequent litigation (SpeechNow v. Federal Election Commission) and Federal Election Commission (FEC) activity gave rise to a new form of political committee. These entities, known as super PACs or independent-expenditure-only committees (IEOCs), may accept unlimited contributions and make unlimited expenditures aimed at electing or defeating federal candidates....
Syrian Refugee Admissions and Resettlement in the United States: In Brief
The admission of Syrian refugees to the United States has generated public controversy, with opponents citing concerns chiefly about terrorism and national security. As of August 31, 2016, the United States has admitted 10,740 Syrian refugees in FY2016, meeting the Obama Administration’s fiscal year goal. These new arrivals have been placed in 40 states. From October 1, 2010, through August 31, 2016, the United States admitted a total of 12,623 Syrian refugees.
The admission of refugees to the United States and their resettlement here are authorized by the Immigration and Nationality Act...
Corporate Tax Integration and Tax Reform
In January 2016, Senator Orrin Hatch, chairman of the Senate Finance Committee, announced plans for a tax reform that would explore corporate integration. Corporate integration involves the elimination or reduction of additional taxes on corporate equity investment that arise because corporate income is taxed twice, once at the corporate level and once at the individual level. Traditional concerns are that this system of taxation is inefficient because it (1) favors noncorporate equity investment over corporate investment, (2) favors debt finance over equity finance, (3) favors retained...
How a National Infrastructure Bank Might Work
The Republican and Democratic presidential candidates both propose increasing federal infrastructure investment. Hillary Clinton recommends increasing federal infrastructure spending by $275 billion over five years. Donald Trump proposes to at least double that amount, but without details about how this would be spent. As part of her proposal, Hillary Clinton includes the creation of a national infrastructure bank with an initial appropriation of $25 billion. Although the proposal offers few specifics, legislation introduced in the 114th Congress helps explain how an infrastructure bank...
The Closure of ITT Technical Institute
On August 25, 2016, the U.S. Department of Education (ED) imposed a variety of additional Higher Education Act (HEA) Title IV federal student aid program participation requirements on ITT Educational Services, Inc. (ITT-ESI). ITT-ESI is the publically traded parent company of the private, for-profit institutions of higher education (IHEs) ITT Technical Institutes (ITTs) and Daniel Webster College (DWC). On September 6, 2016, ITT-ESI announced the closure of all 136 ITT campuses. As a result, approximately 35,000 enrolled students, at 136 campuses, across 38 states became unable to continue...
Reauthorization of the Perkins Act in the 114th Congress: Comparison of Current Law and H.R. 5587
The Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV; P.L. 109-270) is the main federal law supporting the development of career and technical skills among students in secondary and postsecondary education. Perkins IV, the most recent reauthorization of federal law targeting career and technical education (CTE), was passed in 2006 and authorized through FY2012. The authorization was extended through FY2013 under the General Education Provisions Act, and Perkins IV has continued to receive fairly constant appropriations through FY2016.
During the 114th Congress, the...
Cost-Benefit Analysis in Rulemaking and Financial Regulators
Many regulatory agencies are required—by statue or executive order—to perform regulatory analysis assessing the potential effects of a proposed regulation prior to implementing it. For many federal agencies, this analysis must include a cost-benefit analysis (CBA)—a systematic and sometimes quantified examination of all potential economic costs and benefits resulting from the implementation of a proposed rule. However, the required scope and level of detail of regulatory analysis can vary between different departments and agencies, particularly for financial regulators. Financial...
Zimbabwe: Current Issues and U.S. Policy
Zimbabwe, a southern African country of about 14 million people, gained independence from the United Kingdom in 1980 after a lengthy armed struggle against white minority rule. The armed struggle, and the enduring effects of land allocations that favored whites, have profoundly shaped post-independence politics, as have the nationalist economic policies of the ruling Zimbabwe National Union-Patriotic Front (ZANU-PF), led by long-time president Robert Mugabe. Land seizures, state-centric economic policies, and persistent political turmoil under Mugabe led to a severe economic contraction...
Russia’s Parliamentary Elections
On September 18, 2016, Russians will go to the polls to elect the State Duma, the lower house of parliament. Russia’s last parliamentary elections in December 2011 triggered a wave of protests against electoral fraud and heralded the rise of a revitalized opposition against the government of President Vladimir Putin. Five years later, expectations of democratic change have subsided. The ruling United Russia (UR) party is poised to win an even larger majority than before, with most other seats going to loyal opposition parties. Parties genuinely in opposition to the government are expected...
Nanotechnology: A Policy Primer
Nanoscale science, engineering, and technology—commonly referred to collectively as “nanotechnology”—is believed by many to offer extraordinary economic and societal benefits. Congress has demonstrated continuing support for nanotechnology and has directed its attention particularly to three topics that may affect the realization of this hoped for potential: federal research and development (R&D) in nanotechnology; U.S. competitiveness in the field; and environmental, health, and safety (EHS) concerns. This report provides an overview of these topics and two others: nanomanufacturing and...
The Dodd-Frank Act: An Overview of the 2016 Incentive-Based Compensation Proposal
Incentive compensation or incentive-based compensation refers to the portion of an employee’s pay that is not fixed in contrast to an annual or monthly salary. Incentive compensation takes the form of variable contingent compensation, particularly cash bonuses, that are based on the attainment of certain firm or employee performance metrics. Such pay has been a significant component of compensation for executives and other key personnel at many firms in the financial sector. Many argue that such compensation contributed to the 2007-2009 financial crisis by incentivizing pivotal financial...
The Child Support Enforcement Program: A Review of the Data
The Child Support Enforcement (CSE) program is a federal/state program that is designed to promote self-sufficiency of families in which one of the biological parents is living outside of the home. The program achieves its mission by trying to ensure that noncustodial parents meet their financial responsibility to their children. The CSE program provides several services on behalf of children including parent location, paternity establishment, establishment of child support orders, and collection and distribution of child support payments.
In FY1978, families who received cash welfare...
Prospects in Colombia: Cease-Fire, Peace Accord Vote, and Potential Disrupters
On October 2, 2016, Colombians will be given a chance in a national plebiscite to embrace or reject a peace accord negotiated over four years between the government of President Juan Manuel Santos and the country’s largest insurgent group, the Revolutionary Armed Forces of Colombia (FARC). The FARC has fought the Colombian government for more than five decades and funded its leftist insurgency with proceeds from extortion, drug trafficking, and other illicit activities.
The vote is not legally required to approve the FARC-government negotiations but was the path chosen by the Santos...
The Financial CHOICE Act in the 114th Congress: Policy Issues
The Financial CHOICE Act (FCA; H.R. 5983), sponsored by Chairman Jeb Hensarling, was ordered to be reported by the House Committee on Financial Services on September 13, 2016. The bill is a wide-ranging proposal with 11 titles that would alter many parts of the financial regulatory system. Much of the FCA is in response to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act; P.L. 111-203), a broad package of regulatory reform legislation that initiated the largest change to the financial regulatory system since at least 1999. Many of the provisions of the...
FDA Regulation of Medical Devices
Prior to and since the passage of the Medical Device Amendments of 1976, Congress has debated how best to ensure that consumers have access, as quickly as possible, to new and improved medical devices and, at the same time, prevent devices that are not safe and effective from entering or remaining on the market. Medical device regulation is complex, in part, because of the wide variety of items that are categorized as medical devices; examples range from a simple tongue depressor to a life-sustaining heart valve. The regulation of medical devices can affect their cost, quality, and...
U.S. International Food Aid Programs: Background and Issues
For almost six decades, the United States has played a leading role in global efforts to alleviate hunger and malnutrition and to enhance world food security through international food assistance—traditionally through either the donation or sale on concessional terms of U.S. agricultural commodities but in recent years also by direct cash transfers targeting emergency situations and by investing in host-country nutrition and agricultural development activities.
Historically, U.S. international food assistance has been distributed through four main program authorities: (1) the Food for...
Brazilian President Dilma Rousseff of the center-left Workers Party was permanently removed from office on August 31, 2016—a little more than a year and a half into her second four-year term. Officially, Rousseff was impeached and convicted by supermajorities in both houses of the Brazilian Congress for violating the country’s fiscal responsibility law. Many analysts contend, however, that Rousseff’s fate was determined more by legislators’ political calculations than by the legal merits of the impeachment charges. Rousseff’s political base collapsed over the past year as a deep economic...
Domestic Content Restrictions: The Buy American Act and Complementary Provisions of Federal Law
Broadly understood, domestic content restrictions are provisions which require that items purchased using specific funds appropriated or otherwise made available by Congress be produced or manufactured in the United States. Federal law contains a number of such restrictions, each of which applies to different entities and supplies, and imposes somewhat different requirements. Some of these restrictions have, however, been waived pursuant to the Trade Agreements Act (TAA).
The Buy American Act of 1933 is the earliest and arguably the best known of the major domestic content restrictions. It...
Coal Use Already Near EPA’s 2030 Projection
In February of this year, BloombergBusiness stated that although the Supreme Court had placed a hold on implementation of President Obama’s Clean Power Plan (CPP), the Court’s stay “won’t save coal from a shrinking market.” Under the CPP, Bloomberg noted, EPA had projected that coal’s share of the electric power mix would shrink to 27% in 2030 (from a 39% share in 2014); but it was already down to 29% in November 2015, a month after the CPP was promulgated.
Coal’s shrunken market share has continued in the months since November: over the first six months of 2016, coal accounted for 28% of...
Paris Agreement: United States, China Move to Become Parties to Climate Change Treaty
On September 3, 2016, the United States and China consented to be bound by the international Paris Agreement (PA) to address greenhouse-gas-induced climate change.
The PA was negotiated under the United Nations Framework on Climate Change (UNFCCC), which the United States ratified in 1992 with the advice and consent of the Senate. The UNFCCC set an objective of “stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system”—implicitly requiring that human-related net emissions of greenhouse gases...
House of Representatives v. Burwell and Congressional Standing to Sue
On November 21, 2014, the House of Representatives filed a lawsuit against the Departments of Health and Human Services and the Treasury, pursuant to H.Res. 676. House of Representatives v. Burwell included two claims regarding the implementation of the Patient Protection and Affordable Care Act (ACA). In September 2015, the U.S. District Court for the District of Columbia Circuit issued an opinion addressing the preliminary jurisdictional and justiciability questions at issue in the case. In May 2016, the district court issued its decision on the merits, in which the House prevailed as to...
Sea-Level Rise and U.S. Coasts: Science and Policy Considerations
Policymakers are interested in sea-level rise because of the risk to coastal populations and infrastructure and the consequences for coastal species and ecosystems. From 1901 to 2010, global sea levels rose an estimated 187 millimeters (mm; 7.4 inches), averaging a 1.7 mm (0.07 inch) rise annually. Estimates are that the annual rate rose to 3.2 mm (0.13 inches) from 1992 to 2010. Although the extent of future sea-level rise remains uncertain, sea-level rise is anticipated to have a range of effects on U.S. coasts. It is anticipated to contribute to flood and erosion hazards, permanent or...
Immigration Legislation and Issues in the 114th Congress
The House and the Senate have considered immigration measures on a variety of issues in the 114th Congress. The Consolidated Appropriations Act, 2016 (P.L. 114-113) extends four immigration programs through September 30, 2016: the EB-5 immigrant investor Regional Center Pilot Program, the E-Verify employment eligibility verification system, the Conrad State program for foreign medical graduates, and the special immigrant religious worker program. P.L. 114-113 also contains provisions on the Visa Waiver Program and certain nonimmigrant visa categories.
Other enacted immigration-related...
With the Rules Enabling Act, Congress granted to the Supreme Court the authority to write federal rules of procedure, including the rules of criminal procedure. After several years of evaluation by the Judicial Conference, the policy-making arm of the federal judiciary, on April 28, 2016, the Supreme Court transmitted to Congress proposed changes to Rule 41 of the Federal Rules of Criminal Procedure. These proposed changes would amend the federal search and seizure rules in two ways. First, they would permit the government to remotely access electronic devices although the location of the...
Interior Immigration Enforcement: Criminal Alien Programs
Congress has long supported efforts to identify, detain, and remove criminal aliens, defined as noncitizens who have been convicted of crimes in the United States. The apprehension and expeditious removal of criminal aliens has been a statutory priority since 1986, and the Department of Homeland Security (DHS) and one of its predecessor agencies have operated programs targeting criminal aliens since 1988. Investments in DHS’s Immigration and Customs Enforcement (ICE) interior enforcement programs since 2004 have increased the number of potentially removable aliens identified within the...
Background on the G-20
On September 4-5, leaders of the Group of Twenty (G-20) countries met in Hangzhou, China. The Group of Twenty (G-20) is a forum for advancing international economic cooperation and coordination among 20 major advanced and emerging-market economies, including the United States. G-20 countries account for about 85% of global economic output, 75% of global exports, and two-thirds of the world's population. The G-20 generally focuses on financial and economic issues and policies, although related issues are also discussed, including food security, foreign aid, the...
The development of the Internet has revolutionized communications. It has never been easier to speak to wide audiences or to communicate with people that may be located more than half a world away from the speaker. However, like any neutral platform, the Internet can be used to many different ends, including illegal, offensive, or dangerous purposes. Terrorist groups, such as the Islamic State (IS, also referred to as ISIS or ISIL), Al Qaeda, Hamas, and Al Shabaab, use the Internet to disseminate their ideology, to recruit new members, and to take credit for attacks around the world. In...
In what many observers hope could be a step toward ending Burma’s six-decade long, low-grade civil war and establishing a process eventually leading to reconciliation and possibly the formation of a democratic federated state, over 1,400 representatives of ethnic political parties, ethnic armed organizations (EAOs), the government in Naypyitaw and its military (Tatmadaw), and other concerned parties attended a peace conference in Naypyitaw, Burma, on August 31–September 3, 2016. Convened by Aung San Suu Kyi, State Counsellor for the government in Naypyitaw, the conference was called the...
FY2016 Appropriations: District of Columbia
On February 2, 2015, the Obama Administration released its budget request for FY2016. The Administration’s proposed budget included $474 million in special federal payments to the District of Columbia government. An additional $286 million was requested for the Court Services and Offender Supervision Agency (CSOSA) and the Public Defender Service, two federally chartered, independent agencies that work exclusively on behalf of the District criminal justice system. The combined budget requests totaled $760 million in special federal payments.
On April 2, 2015, the mayor of the District of...
The Endangered Species Act: A Primer
The Endangered Species Act (ESA; P.L. 93-205, 87 Stat. 884. 16 U.S.C. §§1531-1544) has a stated purpose of conserving species identified as endangered or threatened with extinction and conserving ecosystems on which these species depend. The ESA is perennially controversial because the protections provided can make it the visible policy focal point for underlying situations involving the allocation of scarce or diminishing lands or resources, especially in instances where societal values may be changing or traditional land use patterns are affected. As a result, the act often becomes...
FATCA Reporting on U.S. Accounts: Recent Legal Developments
Enacted in 2010, the Foreign Account Tax Compliance Act (FATCA) is intended to curb U.S. tax evasion occurring through the use of offshore accounts. Key among its provisions is the requirement that foreign financial institutions (FFIs), such as foreign banks and hedge funds, report information on their U.S. account holders to the Internal Revenue Service (IRS). FFIs that fail to comply will have tax withheld at a rate of 30% on many payments made to them from U.S. sources, including interest and dividends.
Since FATCA’s passage, there has been international criticism of the FFI provisions,...
The importance of children’s early learning experiences to their development and later success in school and the workforce has become a subject of increasing interest to the public, Members of Congress, and the Administration. During recent congresses many bills have been introduced that would provide funding to states aiming to facilitate improvements in the quality of, and access to, early childhood education (ECE) programs.
This report focuses on two early childhood initiatives—Race to the Top-Early Learning Challenge (RTT-ELC) grants for FY2011-FY2013 and Preschool Development Grants...
Selected Securities Legislation in the 114th Congress
In the aftermath of the 2008-2009 financial crisis, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act; P.L. 111-203), a wide-ranging package of regulatory reform legislation. Some provisions mandated new securities regulations that expanded required corporate disclosures to the Securities and Exchange Commission (SEC) and the investing public. Some Members of Congress have characterized provisions of the act, including several requiring additional corporate disclosures, as excessive regulation.
Enacted in the 112th Congress, the...
Corporate Inversions: Frequently Asked Legal Questions
In general, corporate inversions are transactions in which a U.S. corporation “inverts” its ownership structure so that it now has a foreign parent. There are various ways in which this can be achieved. Corporate inversions have been controversial because it appears, in at least some cases, the primary motivation is the reduction of U.S. income tax liability.
In 2004, Congress added Section 7874 to the Internal Revenue Code (IRC), which significantly limits the tax benefits associated with corporate inversions. While Section 7874 appeared to slow the rate of inversions in the years...
This report examines the two patent law cases decided by the U.S. Supreme Court in its October 2015 Term. The first patent case, decided on June 13, 2016, Halo Electronics, Inc. v. Pulse Electronics, Inc., concerns the circumstances in which the awarding of enhanced damages in a patent infringement case are warranted and the discretion of the district courts to award them. Section 284 of the Patent Act provides that the court may increase damages up to three times the amount found by a jury or assessed by the court, but does not provide any guidance to the court, or any express limits or...
U.S. Withdrawal from Free Trade Agreements: Frequently Asked Legal Questions
The United States is party to 14 international free trade agreements (FTAs) with 20 countries. These agreements impose a wide variety of international obligations on the United States and its trading partners. Such obligations address import tariffs, as well as potential nontariff trade barriers. A country that is party to an FTA and that maintains laws, regulations, or practices that violate one of these obligations may be subject to trade retaliation (e.g., other FTA parties may increase tariffs on the country’s exports) or may have to pay a fine or monetary compensation to an FTA...
Leadership Succession in Uzbekistan
Background
On August 28, 2016, Uzbekistan announced its President, Islam Karimov, had been hospitalized, but officials gave few details about his condition. On September 2 after a week of conflicting reports, the government confirmed that Karimov had died and the following day a funeral was held in his hometown of Samarkand.
The 78-year-old Karimov served as Uzbekistan’s only President from the time of its independence from the former Soviet Union in 1991. Prior to his death, his deteriorating health caused observers to speculate about the insular country’s process for choosing a new...
Hong Kong’s 2016 Legislative Council Elections
A record 2.2 million (58%) of Hong Kong’s eligible voters voted on September 4, 2016, to select the 70 members of the 6th Legislative Council (Legco). Thirty pro-democracy candidates won seats, including six from new political parties formed following 2014 pro-democracy protests. Although pro-establishment candidates won a majority of the seats, pro-democracy candidates increased their numbers by three, winning enough seats to play a role in possible governance reforms.
The U.S.-Hong Kong Policy Act of 1992 (P.L. 102-383) commits the United States to treat the Hong Kong Special...
How Big Should the Army Be? Considerations for Congress
Article I, Section 8, of the U.S. Constitution vests Congress with broad powers over the Armed Forces, including the power "To raise and support Armies" and “To provide and maintain a Navy.” As such, the size of the Armed Forces is a topic of perennial congressional interest and debate. Congress annually sets minimum and maximum strength levels for the active components and maximum strength levels for the reserve components.
The House and Senate versions of the National Defense Authorization Act (NDAA) for FY2017 authorized differing levels for active duty personnel in each of the...
The Federal Advisory Committee Act: Analysis of Operations and Costs
Federal advisory committees are established to allow experts from outside the federal government to provide advice and recommendations to Congress, the President, or an executive branch agency. Federal advisory committees can be created either by Congress, the President, or an executive branch agency.
The Federal Advisory Committee Act (FACA) requires agencies to report on the structure, operations, and costs of qualifying federal advisory committees. The General Services Administration (GSA) is authorized to collect, retain, and review the reported information, and does so using an online...
Information Warfare: Russian Activities
Pointing to several recent high-profile events, media reports suggest that Russia is engaging in activities that some may describe as Information Warfare (IW): the range of military and government operations to protect and exploit the information environment. These alleged events include “hacks” of servers of U.S. political parties and other groups; releases and possible manipulation of sensitive documents in an attempt to influence the upcoming U.S. presidential election; and the manipulation of publicly available information on Russian activities in Ukraine. The scale and frequency of...
Zika Testing Poses Challenges for Blood Centers
Introduction
On August 26, the Food and Drug Administration (FDA) issued an updated guidance recommending that all U.S. blood centers begin testing donations for Zika virus (ZIKV) using an investigational test cleared by FDA. While the recommendation is nonbinding, all blood centers are expected to comply.
Blood donations in Puerto Rico and Florida, the only areas within the United States where local mosquito-borne ZIKV transmission has been confirmed, are already being tested. Testing is also being conducted on donations in high-risk areas of Texas.
The guidance is the latest in a series...
EU State Aid and Apple’s Taxes
On August 24, 2016, the Treasury Department issued a white paper critical of four recent investigations by the European Union (EU). This white paper followed previous concerns raised by the Treasury Department and by Congress, especially the Senate Finance Committee.
The EU investigations claimed that certain countries had provided illegal state aid via favorable tax rulings. The most significant in monetary terms is Ireland’s rulings for Apple. There are also investigations of Starbucks in the Netherlands and Amazon in Luxembourg. (The remaining non-U.S. firm is Fiat Chrysler, also in...
Clean Air Permitting: Implementation and Issues
The 1990 Clean Air Act (CAA) amendments required major industrial sources of air pollutants to obtain operating permits. These permits, authorized in Title V of the act, are intended to enhance environmental compliance by detailing for each covered facility all of the emission control requirements to which it is subject. Title V also was intended to generate permit fees that would be used by state and local permitting authorities for administering the program. Implementation of these requirements affects more than 15,000 industrial sources of air emissions, as well as state and local air...
The European Union’s Small Business Act: A Different Approach
The Small Business Act for Europe (2008) is not an act, per se, as understood in the United States. It is a European Commission initiative, endorsed by the Council of the European Union, that provides 10 “guiding principles” to promote the growth of small- and medium-sized enterprises (SMEs) in Europe (e.g., “Create an environment in which entrepreneurs and family businesses can thrive and entrepreneurship is rewarded,” “Design rules according to the Think Small First’ principle,” and “Facilitate SMEs’ access to finance and develop a legal and business environment supportive to timely...
Comprehensive Nuclear-Test-Ban Treaty: Background and Current Developments
A ban on all nuclear tests is the oldest item on the nuclear arms control agenda. Three treaties that entered into force between 1963 and 1990 limit, but do not ban, such tests. In 1996, the United Nations General Assembly adopted the Comprehensive Nuclear-Test-Ban Treaty (CTBT), which would ban all nuclear explosions. In 1997, President Clinton sent the CTBT to the Senate, which rejected it in October 1999. In a speech in Prague in April 2009, President Obama said, “My administration will immediately and aggressively pursue U.S. ratification of the Comprehensive Test Ban Treaty.” However,...
OPM Announces Premium Increase in the Federal Long-Term Care Insurance Program
On July 16, 2016, the U.S. Office of Personnel Management (OPM) announced a premium rate increase for long-term care insurance policies purchased through the Federal Long Term Care Insurance Program (FLTCIP). The new rates were established following an open competitive bidding process. That process awarded a new seven-year contract to the prior insurer and sole bidder, John Hancock Life & Health Insurance Company, to continue providing coverage. According to OPM, the higher premiums are based on an analysis that used updated assumptions of industry trends and claims experience. The...
The Future of Internet Governance: Should the United States Relinquish Its Authority over ICANN?
Currently, the U.S. government retains limited authority over the Internet’s domain name system, primarily through the Internet Assigned Numbers Authority (IANA) functions contract between the National Telecommunications and Information Administration (NTIA) and the Internet Corporation for Assigned Names and Numbers (ICANN). By virtue of the IANA functions contract, the NTIA exerts a legacy authority and stewardship over ICANN, and arguably has more influence over ICANN and the domain name system (DNS) than other national governments. Currently the IANA functions contract with NTIA...
Volkswagen, Defeat Devices, and the Clean Air Act: Frequently Asked Questions
The German automotive manufacturer Volkswagen Automotive Group (VW) has admitted to installing a software algorithm in several of its diesel-fueled vehicle engines that acts as a “defeat device”: the software detects when the vehicle is undergoing compliance testing and activates certain pollution control devices to reduce tailpipe emissions. During normal driving situations, however, the control devices are turned off, resulting in higher emissions of nitrogen oxide (NOx) and other air pollutants than claimed by the company. Federal and California regulators and the European Union (EU)...
U.S. Textile Manufacturing and the Proposed Trans-Pacific Partnership Agreement
Textiles are a sensitive sector in the Trans-Pacific Partnership (TPP), an agreement that would establish a free-trade zone across the Pacific if it is approved by Congress and foreign governments. Because the TPP includes Vietnam, a major apparel producer that now mainly sources yarns and fabrics from China and other Asian nations, the agreement could shift global trading patterns for textiles and demand for U.S. textile exports. Canada and Mexico, both significant regional textile markets for the United States, and Japan, a major manufacturer of high-end textiles and industrial fabrics,...
Northeast Asia and Russia’s “Turn to the East”: Implications for U.S. Interests
Since Russia’s aggression in Ukraine and its annexation of the Crimea in March 2014, Moscow’s already tense relationship with the United States and Europe has grown more fraught. After the imposition of sanctions on Russia by much of the West, Russian President Vladimir Putin has turned to East Asia, seeking new partnerships to counter diplomatic isolation and secure new markets to help Russia’s struggling economy. His outreach to Beijing, Tokyo, Seoul, and Pyongyang has met varying degrees of success. The most high-profile outreach was a summit with Chinese President Xi Jinping in May...
Display of the Confederate Flag at Federal Cemeteries in the United States
The National Park Service (NPS), the Department of Veterans Affairs (VA), and the Department of the Army all administer federal cemeteries that sometimes display the Confederate flag. There are 147 national cemeteries in the United States. Fourteen are maintained by the NPS, in the Department of the Interior. The VA, through its National Cemetery Administration (NCA), administers 131 cemeteries. The Army, in the Department of Defense (DOD), administers 2 national cemeteries. In addition, the American Battle Monuments Commission (ABMC) operates 25 American military cemeteries in 16 foreign...
A criminal prosecution involving classified information may cause tension between the government’s interest in protecting classified information and the criminal defendant’s right to a constitutionally valid trial. In some cases, a defendant may threaten to disclose classified information in an effort to gain leverage. Concerns about this practice, referred to as “graymail,” led the 96th Congress to enact the Classified Information Procedures Act (CIPA) to provide uniform procedures for prosecutions involving classified information. Examples of recent cases implicating CIPA have arisen in...
Army and Marine Corps Active Protection System (APS) Efforts
Active Protection Systems (APSs) are subsystems integrated into or installed on a combat vehicle to automatically acquire, track, and respond with hard or soft kill capabilities to a variety of threats, including rocket-propelled grenades (RPGs) and anti-tank guided missiles (ATGMs). APS technologies are not new, and a number of nations have already employed APS on the battlefield. The U.S. military is now beginning to include APS as part of its formal combat vehicle modernization plans and, if the initial deployment of APS proves successful, could expand the use of APS to potentially...
Housing Opportunity Through Modernization Act (H.R. 3700)
The Housing Opportunity Through Modernization Act (HOTMA; H.R. 3700), signed into law on July 29, 2016 (P.L. 114-201), makes amendments to various Department of Housing and Urban Development (HUD) programs, including the Section 8 Housing Choice Voucher program (including the Family Unification Program (FUP), the public housing program, the Section 8 project-based rental assistance program, Federal Housing Administration (FHA) mortgage insurance for condominiums, and homeless assistance including the Continuum of Care and Emergency Solutions Grants (ESG) programs and Housing Opportunities...
TPP: American Agriculture and the Trans-Pacific Partnership (TPP) Agreement
The Trans-Pacific Partnership (TPP) is a regional free trade agreement (FTA), which the United States concluded with 11 other Pacific-facing nations in October 2015: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. Approval by Congress (through implementing legislation) is required before TPP can enter into force. If the 12 TPP countries ratify the deal, TPP would materially increase the overseas markets to which U.S. agricultural products would have preferential access. Exports account for around one-fifth of U.S. farm production,...
The Mara Salvatrucha (MS-13) and its main rival, the “18th Street” gang, continue to undermine citizen security and subvert government authority in parts of Central America. Gang-related violence has been particularly acute in El Salvador, Honduras, and urban areas in Guatemala, contributing to some of the highest homicide rates in the world. Congress has maintained an interest in the effects of gang-related crime and violence on governance, citizen security, and investment in Central America. Congress has examined the role that gang-related violence has played in fueling mixed migration...
EPA’s Clean Energy Incentive Program: Background and Legal Developments
In 2015, the U.S. Environmental Protection Agency (EPA) established the Clean Energy Incentive Program (CEIP) as a voluntary complement to its regulatory program known as the Clean Power Plan (CPP). The goal of the CPP is to reduce carbon dioxide (CO2) emissions from existing fossil-fuel-fired electric power plants, which produced 30% of all U.S. greenhouse gas emissions in 2014. The CEIP would support that objective by promoting CO2 emission reductions before the CPP is scheduled to take effect in 2022.
The CEIP is a voluntary program that would encourage states to develop energy...
The Nuclear Waste Policy Act of 1982 (NWPA) was an effort to establish an explicit statutory basis for the Department of Energy (DOE) to dispose of the nation’s most highly radioactive nuclear waste. The NWPA requires DOE to remove spent nuclear fuel from commercial nuclear power plants, in exchange for a fee, and transport it to a permanent geologic repository or an interim storage facility before permanent disposal. Defense-related high-level waste is to go into the same repository. In an effort to mitigate the political difficulties of imposing a federal nuclear waste facility on a...
Supreme Court: Length of the Scalia Vacancy in Historical Context
This CRS Insight provides data and analysis related to the potential length of the current vacancy on the Supreme Court caused by the death of Antonin Scalia on February 13, 2016. Specifically, this Insight provides the number of days the Scalia vacancy will have existed on specified future dates if a nominee has not been confirmed. To provide historical context, it then identifies for three periods of time (1791-2010; 1900-2010; and 1945-2010), how many other Supreme Court vacancies would be of longer duration than the Scalia vacancy if it were to remain unfilled on each specified future...
Toll roads have a long history in the United States going back to the early days of the republic. During the 18th century, most were local roads or bridges that could not be built or improved with local appropriations alone. During the tolling boom of the late 1940s and early 1950s, the prospect of toll revenues allowed states to build thousands of miles of limited-access highways much sooner than would have been the case with traditional funding. The imposition of tolls on existing federal-aid highways is restricted under federal law, and while new toll facilities have opened in several...
Federal Support for Reproductive Health Services: Frequently Asked Questions
This report provides answers to frequently asked questions concerning the provision, funding, and coverage of reproductive health services. The report is organized by the federal program that pays for or directly provides these services. It concludes with questions about coverage requirements for reproductive health services under the Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended), and discussions of various federal programs that provide grants to non-governmental entities to provide reproductive health services.
Search terms: family planning, abortion,...
Gabon’s August 27 Presidential Election
The 2016 Presidential Election
President Ali Bongo is campaigning for a second seven-year term in a vote scheduled for August 27. A serious challenge from opposition candidate Jean Ping, a respected diplomat who previously served as president of the African Union Commission, may make the election unusually competitive for a country that has known only two presidents since 1967 (Bongo and his father, Omar Bongo, who died in 2009). Several factors nevertheless favor the incumbent—notably, a single-round electoral system that does not require a majority of votes to win, which enabled Bongo to...
Coalition Contributions to Countering the Islamic State
On September 10, 2014, President Obama announced the formation of a global coalition to “degrade and ultimately defeat” the Islamic State. Subsequently, 66 nations and partner organizations have agreed to participate, contributing either military forces or resources (or both) to the campaign. The military component of the counter-IS campaign is Operation Inherent Resolve, which has three primary elements: targeted special operations out of northern Iraq and northern Syria, airstrikes, and training and equipping of local forces. All of these activities are designed to empower Iraqis and...
In Carcieri v. Salazar, 555 U.S. 379 (2009), the U.S. Supreme Court ruled that a 1934 statute provides no authority for the Secretary of the Interior (SOI) to take land into trust for the Narragansett Indian Tribe (Tribe) because the statute applies only to tribes under federal jurisdiction when that law was enacted. The reach of the decision may be broad because it relies on the major statute under which the SOI acquires land in trust for the benefit of Indians. It affects the SOI’s authority to take land into trust for any recently recognized tribe unless the trust acquisition has been...
DOD Security Cooperation: An Overview of Authorities and Issues
Over the past decade, Congress has authorized the Department of Defense (DOD) to conduct a wide range of security cooperation programs. As the scope, pace, and cost of activities to train, equip, and otherwise support foreign security forces have increased, however, some policymakers believe that the DOD’s growing authority may undermine the State Department’s lead role in foreign assistance. To others, DOD’s expanded role is a necessary response to the perceived inadequacies of the existing legal regime through which Congress has authorized the State Department and DOD to provide security...
Indian Gaming Regulatory Act (IGRA): Gaming on Newly Acquired Lands
The Indian Gaming Regulatory Act (IGRA) (P.L. 100-497) generally prohibits gaming on lands acquired for Indians in trust by the Secretary of the Interior (SOI or Secretary) after October 17, 1988. The exceptions, however, raise the possibility of Indian gaming proposals for locations presently unconnected with an Indian tribe. Among the exceptions are land (1) acquired after the SOI determines acquisition to be in the best interest of the tribe and not detrimental to the local community and the governor of the state concurs; (2) acquired for tribes that had no reservation on the date of...
History of House and Senate Restaurants: Context for Current Operations and Issues
The restaurants, cafeterias, and carry-out facilities operated by the House of Representatives and the Senate serve Members of Congress, congressional employees, constituents, and other visitors to the Capitol or congressional office buildings on a daily basis. Although their services may seem similar, food operations are separately administered and managed for the House, for the Senate, and for the Capitol Visitor Center (CVC). The House and Senate restaurant systems have operated continually since they were first created in the early 1800s, reflecting the necessary role they fulfill as...
March-In Rights Under the Bayh-Dole Act
Congress approved the Bayh-Dole Act, P.L. 96-517, in order to address concerns about the commercialization of technology developed with public funds. This 1980 legislation awards title to inventions made with federal government support if the contractor consists of a small business, a university, or other nonprofit institution. A subsequent presidential memorandum extended this policy to all federal government contractors. As a result, the contractor may obtain a patent on its invention, providing it an exclusive right in the invention during the patent’s term. The Bayh-Dole Act endeavors...
United States-China relations, since 1969, when the process of normalization began under President Richard M. Nixon, have advanced to a point that relatively few restrictions affecting trade remain. This report summarizes the United States’ economic sanctions on China. The United States, in its relationship with China, limits U.S. foreign assistance and State Department programs; limits U.S. support for China’s requests for funding in the international banks; prohibits the exportation of defense articles and defense services to China; prohibits the importation of munitions and ammunition...
Fact Sheet: Selected Highlights of the FY2017 Military Construction Appropriations Bills
This fact sheet summarizes selected highlights of the military construction and military family housing portions of the FY2017 Military Construction, Veterans Affairs, and Related Agencies Appropriations Act. The act is associated with three separate bill numbers: H.R. 4974, S. 2806, and H.R. 2577.
Congressional action on FY2017 military construction appropriations legislation has been heavily influenced by the statutorily mandated discretionary spending caps established by P.L. 114-74, the Bipartisan Budget Act of 2015 (BBA). A significant issue before Congress is the extent to which...
Zika Virus in the Western Hemisphere: CRS Products
In late 2015, health officials in Brazil saw a spike in the number of infants born with microcephaly, a birth defect that may be associated with significant, permanent brain damage. The increase in microcephaly was later linked to prenatal infection with the Zika virus (ZIKV), which appears to have emerged in Brazil early in 2015. ZIKV has spread from South America into Central America and the Caribbean. Puerto Rico has been hard hit, with more than 6,500 locally transmitted (i.e., mosquito-borne) infections reported to date. In late July 2016, local transmission of ZIKV was reported for...
Taxation of U.S. Olympic Medal Winners
As U.S. athletes are finishing up competing in the 2016 Summer Olympics, Congress is considering tax relief for medal-winning Olympians. Specifically, proposed legislation (discussed below) would exclude from taxable income awards made by the U.S. Olympic Committee (USOC) to Olympic medalists. Currently, the USOC awards U.S. Olympic medalists a “victory” bonus of $25,000 for gold, $15,000 for silver, and $10,000 for bronze (each member of a medal-winning team receives a full bonus). In addition, awards may also be made by an athlete’s respective sporting federation (e.g., USA Swimming for...
The Zika Outbreak Is Declared a Public Health Emergency in Puerto Rico
On August 12, 2016, Sylvia Matthews Burwell, the Secretary of Health and Human Services (HHS), declared a public health emergency for Puerto Rico “[a]s a consequence of the outbreak of Zika virus and its potential effect on pregnant women and children born to pregnant women with Zika.”
Background
The Zika virus (ZIKV), first recognized in Uganda in 1947, emerged in South America early in 2015. Although most cases of infection are mild, prenatal infection can cause severe birth defects, including microcephaly. ZIKV is transmitted among humans by the bite of an infected mosquito, by sexual...
Airline Passenger Rights: The Federal Role in Aviation Consumer Protection
The 1978 deregulation of the airline industry in the United States eliminated federal control over many airline business practices, including pricing and domestic route selection. However, the federal government continues to legislate and enforce certain consumer protections for airline passengers. Congress largely determines the degree to which the rights of airline passengers are codified in law or developed through regulatory rulemaking.
The House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation are the primary...
Natural Gas Discoveries in the Eastern Mediterranean
Since 2009, a series of large natural gas discoveries in the Levant Basin have altered the dynamics of the Eastern Mediterranean region. Israel’s discovery of the Tamar Field and subsequent discovery of the larger Leviathan Field created the potential for the country to become a regional player in the natural gas market. Since the initial Israeli discoveries, Cyprus and Egypt have also found new gas deposits in the Mediterranean. The Aphrodite Field was discovered by U.S. firm Noble Energy in Cypriot waters in late 2011 and the massive Zohr Field was found in Egyptian waters by Italian...
Coordinated Party Expenditures in Federal Elections: An Overview
A provision of federal campaign finance law, codified at 52 U.S.C. §30116(d) (formerly 2 U.S.C. §441a(d)), allows political party committees to make expenditures on behalf of their general election candidates for federal office and specifies limits on such spending. These “coordinated party expenditures” are important not only because they provide financial support to campaigns, but also because parties and campaigns may explicitly discuss how the money is spent. Although they have long been the major source of direct party financial support for campaigns, coordinated expenditures have...
Sage-Grouse Conservation: Background and Issues
The greater sage-grouse (Centrocercus urophasianus) is a squat, feathered, chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list sage-grouse for protection under the Endangered Species Act (ESA; P.L. 93-205).
On October 2, 2015, the Fish and Wildlife Service (FWS, Department of the Interior) published its decision not to list the greater sage-grouse as threatened or endangered under ESA. Under the act, one of the factors that can lead to a listing is the inadequacy of existing regulatory...
Discount Rates in the Economic Evaluation of U.S. Army Corps of Engineers Projects
Since 1936, Congress has relied on benefit and cost information to justify investments of federal involvement in water resource projects of the U.S. Army Corps of Engineers (Corps). Today, Congress faces more demand for Corps projects than the agency can deliver at recent funding levels. Congress also faces stakeholder concerns about how water resources issues are addressed; this brings attention to how the Corps develops and evaluates the alternatives considered for congressional construction authorization. Corps benefit-cost analyses (BCAs) and their underlying assumptions are central to...
Cybersecurity Issues and Challenges: In Brief
The information and communications technology (ICT) industry has evolved greatly over the last half century. The technology is ubiquitous and increasingly integral to almost every facet of modern society. ICT devices and components are generally interdependent, and disruption of one may affect many others. Over the past several years, experts and policymakers have expressed increasing concerns about protecting ICT systems from cyberattacks, which many experts expect to increase in frequency and severity over the next several years.
The act of protecting ICT systems and their contents has...
Revisiting U.S.-Mexico Sugar Agreements
Numerous reports in the business trade press in recent months have quoted U.S. government officials, lawmakers, and sugar industry leaders commenting on negotiations the U.S. Department of Commerce (DOC) is conducting with the government of Mexico to consider changes to two sugar suspension agreements the United States and Mexico entered into in December 2014. The suspension agreements, which are currently in force, establish limits on exports of Mexican sugar to the United States, including quantitative limits and minimum prices. Previously, Mexican sugar had been the only unmanaged...
Implementing Bills for Trade Agreements: Statutory Procedures under Trade Promotion Authority
The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (BCTPAA, title II of P.L. 114-26) renewed the “trade promotion authority” (TPA) under which implementing bills for trade agreements that address non-tariff barriers to trade (and certain levels of tariff reduction) are eligible for expedited (or “fast track”) consideration by Congress under the “trade authorities procedures” established by the Trade Act of 1974 (P.L. 93-618). These expedited procedures provide for automatic introduction of the implementing bill submitted by the President, attempt to ensure that...
Modern consumer electronic devices and products often contain software programs that facilitate their operations or provide automation, Wi-Fi and smartphone connectivity, remote control, and other sophisticated functions. Equipment manufacturers have integrated software in televisions, refrigerators, thermostats, coffee makers, garage door openers, automobiles, vacuums, printers, and medical devices. When consumers buy these “software-enabled” products from retailers, they acquire ownership of the physical hardware, but may only receive a limited license (a form of legal permission) to use...
The National Transportation Safety Board (NTSB) is a small, independent federal agency with responsibility for investigating transportation accidents; conducting transportation safety studies; issuing safety recommendations; aiding victims’ families after aviation and passenger rail disasters; and promoting transportation safety.
The NTSB makes safety recommendations to federal and state agencies, transportation providers, and manufacturers, which may or may not choose to implement them. In recent years, NTSB recommendations have helped build support for laws enacted to mandate positive...
Shale Gas, Tight Oil, and Hydraulic Fracturing: CRS Experts
The following tables provide names and contact information for CRS experts on policy areas relating to the use of hydraulic fracturing for oil and gas development. The first table covers topics generally related to unconventional oil and gas resources, including Resource Assessment and Development, Technical Issues, and Markets and Utilization. The second table addresses topics related to environmental regulation and management of hydraulic fracturing activities. Broad topics include the following: Air Quality, Chemical Disclosure, Regulation of Hydraulic Fracturing on Federal Lands, Water...
Temporary Professional, Managerial, and Skilled Foreign Workers: Policy and Trends
Temporary visas for professional, managerial, and skilled foreign workers have become an important gateway for high-skilled immigration to the United States. Over the past two decades, the number of visas issued for temporary employment-based admission has more than doubled from just over 400,000 in FY1994 to over 1 million in FY2015. While these visa numbers include some unskilled and low-skilled workers as well as accompanying family members, the visas for managerial, skilled, and professional workers dominate the trends.
Since 1952, the Immigration and Nationality Act (INA) has...
The 2016 Olympic Games: Health, Security, Environmental, and Doping Issues
The 2016 Olympic Games will be held in Rio de Janeiro, Brazil, August 5-21, 2016, and will be followed by the Paralympic Games, September 7-18, 2016. Notably, these are the first games to be hosted by a South American city. Reportedly, 10,500 athletes from 206 countries will participate in the Olympics, including 555 athletes from the United States. Most Olympic events will take place in and around Rio de Janeiro. In addition to Rio de Janeiro, soccer matches will be held in the cities of Belo Horizonte, Brasília, Manaus, São Paulo, and Salvador.
Host countries and cities often have to...
Endangered Species Act Litigation Regarding Columbia Basin Salmon and Steelhead
The decline of salmon and steelhead populations in the Columbia Basin began in the second half of the 19th Century. Activities such as logging, farming, mining, irrigation, and commercial fishing all contributed to the decline, and populations further declined since the construction and operation of the Federal Columbia River Power System (FCRPS) in the mid-1900s. In 1991, the Snake River sockeye became the first Pacific salmon stock identified as endangered under the Endangered Species Act (ESA). There are now 13 salmon and steelhead stocks that are listed as either threatened or...
Automakers Seek to Align Fuel Economy and Greenhouse Gas Regulations
Automakers are seeking regulatory—and perhaps legislative—changes this year to revise federal fuel economy and environmental standards and reduce potentially large penalties. The technical proposals would be the first major structural change in these standards since 2012, and they come at a time when federal agencies are undertaking a regulatory review that may result in far greater changes.
For more than 40 years, the federal government has regulated passenger motor vehicles for their fuel economy. Administered by the National Highway Traffic Safety Administration (NHTSA), the Corporate...
Role of the National Weather Service and Selected Legislation in the 114th Congress
The mission of the National Weather Service (NWS) is to provide weather forecasts and warnings for the protection of life and property. Apart from the budget for procuring weather satellites, NWS received the most funding (about $1.1 billion) of any office or program within the FY2016 budget for the National Oceanic and Atmospheric Administration (NOAA). The largest fraction of the NWS budget has been devoted to local forecasts and warnings, suggesting that short-term weather prediction and warning is a high priority for NWS and for NOAA, in accord with NOAA’s statutory authority....
Al Qaeda’s Syria Affiliate Declares Independence
On July 28, 2016, Al Qaeda’s affiliate in Syria, Jabhat al Nusra (aka the Nusra Front), announced that it was reconstituting itself as an independent group. Nusra Front leader Abu Muhammad al Jawlani stated that his group would hereafter be known as Jabhat Fatah al Sham (“Levant Conquest Front”), and would have “no affiliation to any external entity.” U.S. officials have downplayed the announcement as a rebranding effort, noting the continuing role and presence of Al Qaeda operatives within the Front.
Challenges facing the Nusra Front may have driven the timing. Reports that the United...
Trafficking in Persons and U.S. Foreign Policy Responses in the 114th Congress
Trafficking in persons, or human trafficking, refers to the subjection of men, women, and children to exploitative conditions that may be tantamount to slavery. Reports suggest that human trafficking is a global phenomenon, victimizing millions of people each year and contributing to a multi-billion dollar criminal industry. Common forms of human trafficking include trafficking for commercial sexual exploitation, forced labor, and debt bondage. Other forms of human trafficking include trafficking for domestic servitude and the use of children in armed conflict (e.g., child soldiers).
Human...
How Much Slack Remains in the Labor Market?
The amount of “slack” in the labor market—jobless or underemployed workers—has consequences for the appropriate stance of monetary policy, the future path of the budget deficit, and counter-cyclical spending on programs such as unemployment insurance. Economists use several indicators to assess the state of the labor market. The official unemployment rate—specifically the Bureau of Labor Statistics (BLS) U-3 rate—is a familiar and commonly reported statistic that currently indicates there is little slack in the labor market. The unemployment rate has been 5% or lower since October 2015,...
Iran Financial Sanctions Issues
Overview
In January 2016, the multilateral nuclear agreement with Iran (“Joint Comprehensive Plan of Action,” or JCPOA) entered its implementation phase, which included the lifting of U.S. sanctions on foreign banks’ transactions with Iranian banks. The agreement did not require the lifting of a longstanding ban on U.S. financial transactions with Iranian banks or a ban on Iran’s access to the U.S. financial system. Thus far, major international banks have been hesitant to reenter the Iranian market despite sanctions removal because of:
reported concerns that the United States might...
Overview
As the United States and Israel continue to discuss the terms of a Memorandum of Understanding (MOU) on U.S. assistance for the period FY2019-FY2028, Members of Congress are considering legislation that could impact the contours of such an agreement. Lawmakers in both chambers are working on foreign operations and defense appropriations bills that contain proposed increases for various types of aid to Israel. The Administration has objected to some proposed increases, perhaps out of concern that congressional action during MOU discussions might affect the U.S. negotiating...
Fatal Balloon Accident Highlights Disagreement Between Safety Agencies
On July 30, 2016, a hot-air balloon tour flight crashed about 30 miles south of Austin, TX, killing the pilot and all 15 passengers on board. It was the deadliest balloon crash in U.S. history, and exposed a disagreement among U.S. safety agencies: the National Transportation Safety Board (NTSB) has urged tougher federal regulation of balloon flights, but the Federal Aviation Administration (FAA) has rejected the NTSB’s recommendation.
How Safe Are Balloons?
While balloon crashes are uncommon, accidents involving balloon tours can involve large numbers of passengers: a 2013 crash in Egypt...
Human Trafficking and Forced Labor: Trends in Import Restrictions
Introduction
More than 85 years ago, Congress passed a provision against forced labor in the Tariff Act of 1930 (19 U.S.C. 1307), which prohibited from import into the United States “all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions” (Section 307 of the act).
Mirroring the International Labour Organization’s (ILO’s) Forced Labour Convention of 1930 (though the United States is not party to this treaty), the Tariff Act defines forced labor...
Federal Assistance for Victims of Terrorism or Mass Violence: In Brief
Following incidents of terrorism or mass violence in the United States, jurisdictions and individuals may be eligible to receive various types of victim assistance both directly from the Department of Justice (DOJ) and indirectly from DOJ through their respective state victim assistance agencies or other programs. While circumstances in some incidents may result in a jurisdiction’s eligibility for assistance from other federal departments, such as Department of Education grants awarded to Newtown Public School District in recovery efforts from the Newtown, CT, elementary school shooting,...
2016 Rio Games: Anti-Doping Testing
Responsibility for the anti-doping testing program during the 2016 Summer Olympics rests with the International Olympic Committee (IOC). The testing period began July 24, 2016, when the Olympic village opened, and continues through August 21, 2016, the date of the closing ceremony. The IOC-issued anti-doping rules apply to the following personnel and entities during the 2016 Games:
“[a]thletes entered in the Rio 2016 Olympic Games or who have otherwise been made subject to the authority of the IOC in connection with the Rio 2016 Olympic Games....”;
“[a]thlete support personnel and persons...
Commodity Futures Trading Commission: Proposed Reauthorization in the 114th Congress
The Commodity Futures Trading Commission (CFTC), created in 1974, regulates futures, most options, and swaps markets. The CFTC administers the Commodity Exchange Act (CEA; P.L. 74-765, 7 U.S.C. §1 et seq) enacted in 1936 to monitor trading in certain derivatives markets. The CEA contains a sunset provision, meaning Congress periodically reauthorizes appropriations to carry out the CEA. If an explicit authorization of appropriations for a program or activity is present—as in the CEA—and it expires, the underlying authority in the statute to administer such a program does not, however. Thus,...
Wildfire Management Appropriations: Data, Trends, and Issues
The Forest Service (FS, in the U.S. Department of Agriculture) and the Department of the Interior (DOI) are the two primary federal entities tasked with wildland fire management activities. Federal wildland fire management includes activities such as preparedness, suppression, fuel reduction, and site rehabilitation, among others. Approximately 10.1 million acres burned during the 2015 wildfire season, which was more than the acreage burned in 2014 (3.6 million acres) and 2013 (4.3 million acres) combined and represents the largest acreage burned since modern record-keeping began in 1960....
The President’s Budget: Overview and Timing of the Mid-Session Review
The Budget and Accounting Act of 1921 established for the first time the requirement that the President annually submit a budget proposal to Congress. Under current law (31 U.S.C. §1105(a)), the President is required to submit the budget proposal to Congress on or after the first Monday in January, but no later than the first Monday in February. For further information, see CRS Report R43163, The President’s Budget: Overview of Structure and Timing of Submission to Congress, by Michelle D. Christensen.
For nearly half a century after the 1921 act took effect, Presidents submitted their...
China’s Recent Stock Market Volatility: What Are the Implications?
China’s two main stock markets, the Shanghai Stock Exchange (SSE) and the Shenzhen Stock Exchange (SZSE), experienced rapid price increases from about mid-2014 to mid-2015. However, from June 12 to July 7, 2015, the Shanghai and Shenzhen Composite Indices fell by 32% and 40%, respectively. The Chinese government intervened to halt the slide via stock purchases and other measures. Stock prices later stabilized, but experienced periods of decline, especially in August 2015 and early 2016. The volatility of China’s stock exchanges and the government’s interventionist regulatory policies have...
U.S. Nuclear Weapons in Turkey
According to unofficial reports, the United States stores approximately 50 B61 nuclear bombs at Incirlik Air Force Base in southern Turkey. After the failed coup in Turkey in mid-July 2016, the government arrested several high-ranking officers from the base and cut power for nearly a week. In late July, Turkish citizens protested outside the base, calling for its closure, though Turkish officials have assured U.S. officials that the United States will retain access to Incirlik and other bases in Turkey. These events have sparked debate about the weapons’ security and plans to continue...
Trade Adjustment Assistance for Farmers
The Trade Adjustment Assistance for Farmers (TAAF) program provides technical assistance and cash benefits to producers of farm commodities and fishermen who experience adverse economic effects from increased imports. Congress first authorized this program in 2002, and made significant changes to it in the 2009 economic stimulus package (P.L. 111-5). The 2009 revisions were aimed at making it easier for farmers and fishermen to qualify for program benefits, and provided over $200 million in funding through December 2010. Subsequently, P.L. 112-40 (enacted in October 2011) authorized $202.5...
Orlando Shooting Revives Debate over Restricting Blood Donations by Gay Men
Within hours of the shooting at Pulse, a gay nightclub in Orlando, hundreds of people responded to the call for blood donations to help the injured. Gay men were among those who lined up outside local donation centers. They were motivated by rumors that the regional blood bank OneBlood, which serves the Orlando area, had lifted the decades-old ban on donations from sexually active gay men.
The rumors turned out to be untrue, and most of the gay men who showed up were turned away. OneBlood released a statement on social media that the ban had not been suspended.
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Since the 1980s, the Food...
Pakistan’s nuclear arsenal probably consists of approximately 110-130 nuclear warheads, although it could have more. Islamabad is producing fissile material, adding to related production facilities, and deploying additional nuclear weapons and new types of delivery vehicles. Pakistan’s nuclear arsenal is widely regarded as designed to dissuade India from taking military action against Pakistan, but Islamabad’s expansion of its nuclear arsenal, development of new types of nuclear weapons, and adoption of a doctrine called “full spectrum deterrence” have led some observers to express concern...
State Challenges to Federal Enforcement of Immigration Law: From the Mid-1990s to the Present
States and localities can have significant interest in the manner and extent to which federal officials enforce provisions of the Immigration and Nationality Act (INA) regarding the exclusion and removal of unauthorized aliens. Depending upon the jurisdiction’s specific concerns, this interest can be expressed in various ways, from the adoption of “sanctuary” policies limiting the jurisdiction’s cooperation in federal enforcement efforts to the enactment of measures to deter unauthorized aliens from entering or remaining within the jurisdiction. In some cases, states or localities have...
Federal Benefits and Services for People with Low Income: Overview of Spending Trends, FY2008-FY2015
The Congressional Research Service (CRS) regularly receives requests about the number, size, and programmatic details of federal benefits and services targeted toward low-income populations. This report is the most recent in a series that attempts to identify and discuss such programs, focusing on aggregate spending trends. The report looks at federal low-income spending from FY2008 (at the onset of the 2007-2009 recession) through FY2015 (after implementation of the Patient Protection and Affordable Care Act, or ACA).
Programs discussed here provide health care, cash aid, food...
The Department of Defense Acquisition Workforce: Background, Analysis, and Questions for Congress
Congress and the executive branch have long been frustrated with waste, mismanagement, and fraud in defense acquisitions and have spent significant resources seeking to reform and improve the process. Efforts to address wasteful spending, cost overruns, schedule slips, and performance shortfalls have continued unabated, with more than 150 major studies on acquisition reform since the end of World War II. Many of the most influential of these reports have articulated improving the acquisition workforce as the key to acquisition reform. In recent years, Congress and the Department of Defense...
Economic Development Administration: FY2016 Appropriations
The Economic Development Administration was created pursuant to the enactment of the Public Works and Economic Development Act of 1965, with the objective of fostering growth in economically distressed areas characterized by high levels of unemployment and low per-capita income levels. EDA, an agency within the Department of Commerce, is the primary federal agency charged with implementing and coordinating federal economic development policy.
For FY2016, the Obama Administration requested significant increases in funding for EDA activities and salaries and expenses. Under the...
Numerical Limits on Permanent Employment-Based Immigration: Analysis of the Per-country Ceilings
The Immigration and Nationality Act (INA) specifies a complex set of numerical limits and preference categories for admitting lawful permanent residents (LPRs) that include economic priorities among the criteria for admission. Employment-based immigrants are admitted into the United States through one of the five available employment-based preference categories. Each preference category has its own eligibility criteria and numerical limits, and at times different application processes. The INA allocates 140,000 visas annually for employment-based LPRs, which amount to roughly 14% of the...
Security Cooperation and the FY2017 National Defense Authorization Act (NDAA)
Introduction
Provisions in the FY2017 National Defense Authorization Act (NDAA) have elevated ongoing debates over U.S. security sector assistance to foreign countries—and raised questions over whether the policy architecture is suited to meet current and emerging requirements. The State Department has historically served as the lead agency for overarching policy in this area, with primary security assistance authorities outlined in Title 22 (Foreign Relations) of the U.S. Code. Over time, Congress has granted the Department of Defense (DOD) new mechanisms under Title 10 (Armed Services)...
New Bureau Consolidates Transportation Finance Programs
Many proposals to create a national infrastructure bank have failed to win approval in recent sessions of Congress. A national infrastructure bank is often conceived as an independent federal agency with financing and project expertise that would provide low-cost long-term loans to infrastructure projects on flexible terms. A reorganization at the U.S. Department of Transportation (DOT), announced on July 20, appears to achieve some of the objectives of national infrastructure bank proponents, at least with respect to transportation projects.
The reorganization, mandated in the Fixing...
Overview of the Prudential Regulatory Framework for U.S. Banks: Basel III and the Dodd-Frank Act
The Basel III international regulatory framework, which was produced in 2010 by the Basel Committee on Banking Supervision (BCBS) at the Bank for International Settlements, is the latest in a series of evolving agreements among central banks and bank supervisory authorities to promote standardized bank prudential regulation (e.g., capital and liquidity requirements, transparency, risk management) to improve resiliency during episodes of financial distress. Because prudential regulators are concerned that banks might domicile in countries with the most relaxed safety and soundness...
Terrorist Databases and the No Fly List: Procedural Due Process and Other Legal Issues
In order to protect national security, the government maintains various terrorist watchlists, including the “No Fly” list, which contains the names of individuals to be denied boarding on commercial airline flights. Travelers on the No Fly list are not permitted to board an American airline or any flight on a foreign air carrier that lands or departs from U.S. territory or flies over U.S. airspace. Some individuals have claimed that their alleged placement on the list was the result of an erroneous determination by the government that they posed a national security threat. In some cases,...
The President’s Pardon Power and Legal Effects on Collateral Consequences
Article II of the U.S. Constitution vests the President with the power “to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” The President’s pardon power, which derives from English custom, is an extraordinary remedy that is sought by many but received by few. The President may use his clemency authority only for criminal penalties, not civil. Moreover, he may use his clemency authority to pardon federal offenses but not state offenses.
Typically, individuals receive either a pardon or a commutation of sentence, each of which is a type of...
“Greening” EPA’s Water Infrastructure Programs through the Green Project Reserve
The largest sources of federal financial assistance for wastewater and drinking water infrastructure projects are the State Revolving Fund (SRF) programs of the Clean Water Act (CWA; 33 U.S.C. 1251 et seq.) and Safe Drinking Water Act (SDWA; 42 U.S.C. 300f-300j-26). Traditionally, these programs have focused on so-called “gray” infrastructure solutions to water quality problems, that is, engineered solutions that often involve concrete and steel. Increasingly, however, the SRF programs have also embraced approaches utilizing green or soft-path practices to complement and augment hard or...
Energy Legislation: Comparison of Selected Provisions in S. 2012 as Passed by the House and Senate
Congress most recently enacted major energy legislation in the Energy Independence and Security Act of 2007 (P.L. 110-140). The 114th Congress is currently considering new legislation to address broad energy issues. On April 20, 2016, the Senate passed an amended version of S. 2012, the Energy Policy and Modernization Act. On December 3, 2015, the House passed an amended version of H.R. 8, the North American Energy Security and Infrastructure Act of 2015. On May 25, 2016, the House passed an amended version of S. 2012 which contains the text of H.R. 8, as well as the text of several other...
Natural Gas: A Key Part of the Global Energy Mix
The role of natural gas in the U.S. economy has been a major part of the energy policy debate in the 114th Congress. This report briefly explains key aspects of global natural gas markets, including supply and demand, and major U.S. developments.
Natural gas is considered by some as a potential bridge fuel to a lower-carbon economy, because it is cleaner burning than its hydrocarbon alternatives coal and oil. Natural gas combustion emits about one-half less carbon dioxide than coal and one-quarter less than oil when consumed in a typical electric power plant, although fugitive gas...
An Apparent First in U.S. Law Enforcement Use of Unmanned Ground Vehicles
On the night of July 7, 2016, Micah Johnson opened fire on law enforcement officers who were observing a protest against police-involved shootings in Dallas, TX. Johnson killed five officers and wounded seven. Johnson was later killed by an explosive device deployed by a bomb disposal robot (also known as an “unmanned ground vehicle,” or “UGV”). While the tactic is being hailed by some as an innovative way to tackle a dangerous threat and a way to save officers’ lives, the Dallas Police Department (DPD) use of a robot to kill an active shooter has raised questions about what this might...
Abortion and Whole Woman’s Health v. Hellerstedt
In Whole Woman’s Health v. Hellerstedt, the U.S. Supreme Court (Court) invalidated two Texas requirements that applied to abortion providers and physicians who perform abortions. Under a Texas law enacted in 2013, a physician who performs or induces an abortion was required to have admitting privileges at a hospital within 30 miles from the location where the abortion was performed or induced. In general, admitting privileges allow a physician to transfer a patient to a hospital if complications arise in the course of providing treatment. The Texas law also required an abortion facility to...
The Obama Administration’s Feed the Future Initiative
The Obama Administration’s Feed the Future (FTF) Initiative is a U.S. international development program launched in 2010 that invests in food security and agricultural development activities in a select group of developing countries in an effort to reduce hunger, malnutrition, poverty, and food insecurity. The bulk of FTF funding supports 19 “focus countries” selected based on country ownership potential, needs, and opportunities to achieve success. FTF supports additional countries under aligned and regional programs and through assistance to three “strategic partners”—Brazil, India, and...
What Does the Supreme Court's 4-4 Split in Texas Mean for Future Executive Action as to Immigration?
The U.S. Wine Industry and Selected Trade Issues with the European Union
Global wine production totaled roughly 28 billion liters in 2014. The European Union (EU) dominates world production, accounting for nearly 60% of all wine produced each year. France, Italy, and Spain are among the principal EU wine-producing countries. The United States is the world’s second-largest wine-producing region, accounting for about 10% of global production. The value of world trade in wine totaled more than $21 billion in 2013. The EU accounted for nearly 60% of the world’s export market for wine, valued at $12 billion in 2013. Other exporting nations include Australia, Chile,...
Health Care Fraud and Abuse Laws Affecting Medicare and Medicaid: An Overview
A number of federal statutes aim to combat fraud and abuse in federally funded health care programs such as Medicare and Medicaid. Using these statutes, the federal government has been able to recover billions of dollars lost due to fraudulent activities. This report provides an overview of some of the more commonly used federal statutes used to fight health care fraud and abuse.
Title XI of the Social Security Act contains Medicare and Medicaid program-related anti-fraud provisions, which impose civil penalties, criminal penalties, and exclusions from federal health care programs on...
Energy Legislation: Comparable Provisions in S. 2012 as Passed by the House and Senate
Congress most recently enacted major energy legislation in the Energy Independence and Security Act of 2007 (P.L. 110-140). The 114th Congress is currently considering new legislation to address broad energy issues. On April 20, 2016, the Senate passed an amended version of S. 2012, the Energy Policy and Modernization Act. On December 3, 2015, the House passed an amended version of H.R. 8, the North American Energy Security and Infrastructure Act of 2015. On May 25, 2016, the House passed an amended version of S. 2012 which contains the text of H.R. 8, as well as the text of several other...
Executive Discretion as to Immigration: Legal Overview
The scope of the executive’s discretion in implementing federal immigration law is a topic of perennial interest to Members and committees of Congress. Most recently, questions have been raised as to whether particular actions announced by the Obama Administration in November 2014 are within the executive’s authority. See generally CRS Legal Sidebar WSLG1442, The Obama Administration’s November 20, 2014, Actions as to Immigration: Pending Legal Challenges One Year Later, by Kate M. Manuel. However, similar questions were raised in the past about other executive actions including, but not...
Does Foreign Aid Work? Efforts to Evaluate U.S. Foreign Assistance
In most cases, the success or failure of U.S. foreign aid programs is not entirely clear, in part because historically, most aid programs have not been evaluated for the purpose of determining their actual impact. Many programs are not even evaluated on basic performance. The purpose and methodologies of foreign aid evaluation have varied over the decades, responding to political and fiscal circumstances. Aid evaluation practices and policies have variously focused on meeting program management needs, building institutional learning, accounting for resources, informing policymakers, and...
Burma’s Political Prisoners and U.S. Sanctions
The release of all Burma’s political prisoners is one of the fundamental goals of U.S. policy towards the nation. Several of the laws imposing sanctions on Burma—including the Burmese Freedom and Democracy Act of 2003 (BFDA, P.L. 108-61) and the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (JADE Act, P.L. 110-286)—require the release of all political prisoners before the sanctions contained in those laws can be terminated.
Although the outgoing President Thein Sein provided pardons or amnesty for more than 1,000 alleged political prisoners, security forces...
The Islamist Militant Threat in Bangladesh
Overview
The July 2, 2016, attack on a bakery in Dhaka’s Gulshan diplomatic district in which 20 hostages—including an American, 9 Italians, and 7 Japanese—were killed, marks a recent escalation in Islamist militant attacks in Bangladesh. Two police and six militants were also killed in the incident. This escalation is despite crackdowns by the Awami League Government of Sheik Hasina on both Islamist militants and the Islamist Jamaat-e-Islami political party. Foreigners, as well as secularists and minorities, are being targeted in these terrorist attacks as Islamist militants pressure...
U.S. Foreign Assistance as Colombia’s Peace Talks on Cusp of Completion
On July 18, 2016, the Colombian Constitutional Court approved a plebiscite to allow Colombian voters to decide the fate of the peace accord under negotiation between the government of President Juan Manuel Santos and the country’s largest insurgent group, the Revolutionary Armed Forces of Colombia (FARC). After nearly four years of negotiations, a peace accord with FARC is close to signature. The leftist FARC has fought the Colombian government for 52 years with financing derived from extortion, drug trafficking, and other illicit activities.
By early July 2016, the FARC and government...
Medicare Skilled Nursing Facility (SNF) Payments
A Medicare skilled nursing facility (SNF) is an institution, or distinct part of an institution (e.g., building, floor, wing), that provides post-acute skilled nursing care and/or skilled rehabilitation services, has in effect a written agreement to transfer patients between one or more hospitals and the SNF, and is certified by Medicare. In general, skilled nursing and rehabilitative care are services ordered by a physician that require the skills of professional personnel (e.g., registered nurse, physical therapist) and are provided under the supervision of such personnel. Over 95% of...
Hydraulic Fracturing: Selected Legal Issues
Hydraulic fracturing is a technique used to recover oil and natural gas from underground low permeability rock formations, such as shales and other unconventional formations. Its use along with horizontal drilling has been responsible for an increase in estimated U.S. oil and natural gas reserves. Hydraulic fracturing and related oil and gas production activities have been controversial because of their potential effects on public health and the environment. Several environmental statutes have implications for the regulation of hydraulic fracturing by the federal government and states.
An...
U.S. Crude Oil Exports to International Destinations
On December 18, 2015, Congress passed H.R. 2029—the Consolidated Appropriations Act, 2016—which was enacted and became P.L. 114-113. A provision contained in P.L. 114-113 repealed a 40-year prohibition, with exceptions, on the export of crude oil produced in the United States. Removing this prohibition and its associated restrictions provides producers, shippers, and traders with options to market and sell crude oil to international markets when market conditions support such transactions. Prior to the removal of the export restrictions, exceptions resulted in approximately 500,000 barrels...
Overview of ESEA Title I-A and the School Meals’ Community Eligibility Provision
The primary source of federal funding for elementary and secondary schools is the Title I-A program. Under Title I-A, the allocation of funds to schools, eligibility to operate certain programs, and accountability requirements are based in part in identifying students from low-income families. Historically, this has been achieved by using National School Lunch Program (NSLP) eligibility data. However, a new school meals eligibility option—the Community Eligibility Provision (CEP)—has been implemented that changes the eligibility determinations for NSLP as well as the School Breakfast...
Singapore: Background and U.S. Relations
A former trading and military outpost of the British Empire, the tiny Republic of Singapore has transformed itself into a modern Asian nation and a major player in the global economy, though it still substantially restricts political freedoms in the name of maintaining social stability and economic growth. Singapore’s heavy dependence on international trade makes regional stability and the free flow of goods and services essential to its existence.
As a result, the island nation is a firm supporter of the U.S. security role in Asia, but it also maintains close relations with China. The...
Federal Inspectors General: History, Characteristics, and Recent Congressional Actions
Federal inspectors general (IGs) are authorized to combat waste, fraud, and abuse within their affiliated federal entities. To execute their missions, offices of inspector general (OIGs) conduct and publish audits and investigations—among other duties. Two major enactments—the Inspector General Act of 1978 and its amendments of 1988 (codified at 5 U.S.C. Appendix)—established federal IGs as permanent, nonpartisan, and independent offices in more than 70 federal agencies.
OIGs serve to assist Congress in overseeing executive branch—and a few legislative branch—agencies. They provide...
The Environmental Protection Agency’s Clean Energy Incentive Program
Introduction
The Environmental Protection Agency (EPA) created the Clean Energy Incentive Program (CEIP) as a voluntary complement to its regulatory program known as the Clean Power Plan (CPP). The CEIP is intended to promote early reductions of carbon dioxide (CO2) emissions, before the CPP is scheduled to take effect in 2022. The goal of the CPP is to reduce CO2 emissions from existing fossil-fuel-fired electric power plants, which produced 30% of all U.S. greenhouse gas emissions in 2014. Economic modeling indicates that the CPP would significantly reduce future CO2 emission levels from...
Sessions, Adjournments, and Recesses of Congress
The House and Senate use the terms session, adjournment, and recess in both informal and more formal ways, but the concepts apply in parallel ways to both the daily and the annual activities of Congress. A session begins when the chamber convenes and ends when it adjourns. A recess, by contrast, does not terminate a session, but only suspends it temporarily.
In context of the daily activities of Congress, any calendar day on which a chamber is in session may be called a (calendar) “day of session.” A legislative day, by contrast, continues until the chamber adjourns. A session that...
Turkey: Failed Coup and Implications for U.S. Policy
On July 15-16, 2016, elements within the Turkish military tried, but failed, to seize political power from President Recep Tayyip Erdogan and Prime Minister Binali Yildirim. The perpetrators detained the military’s top commanders, and declared (via Turkey’s government broadcaster) that they had taken power, but failed in their efforts to seize Erdogan or other key leaders. Government officials used various traditional and social media platforms and alerts from mosque loudspeakers to rally Turkey’s citizens in opposition to the plot.
Figure 1. President Erdogan on CNN Turk – July 16,...
Police Shootings and Federal Support for Law Enforcement Safety
Law Enforcement Officer Deaths
The recent shooting deaths of police officers in Dallas, TX, and Baton Rouge, LA, have served as a reminder of the danger law enforcement officers can face while serving the public. While these attacks have heightened attention on deaths suffered by police officers in the line of duty, data indicate that the number of law enforcement officers killed in the line of duty has generally decreased over the past three decades. However, the number of officers killed in ambush situations has remained fairly steady. Annually, on average, nine law enforcement officers...
The Department of the Interior’s Final Rule on Offshore Well Control
On April 29, 2016, the Department of the Interior’s Bureau of Safety and Environmental Enforcement (BSEE) released final regulations concerning blowout preventer systems and well control for oil and gas operations on the U.S. outer continental shelf (81 Fed. Reg. 25887). The regulations aim to reduce the risk of an offshore oil or gas blowout that could jeopardize human safety and harm the environment.
The regulations draw on findings about the causes of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. Building on previous regulatory reforms implemented after the 2010 spill,...
Terrorism and Violent Extremism in Africa
The pace of high-profile terrorist attacks in Sub-Saharan Africa has intensified in recent years, and the death toll now rivals that of other regions where violent Islamist extremist groups are active. This report provides context for these trends, including a summary of sub-regional dynamics, factors affecting radicalization, and U.S. responses. It focuses primarily on Sunni Islamist terrorism, given the ideological underpinnings of the African groups currently designated by the U.S. State Department as Foreign Terrorist Organizations. Select issues for Congress are also explored....
Economic Implications of a United Kingdom Exit from the European Union
This report provides an analysis of the possible economic implications for the United States and the global economy of an exit from the European Union (EU) by the United Kingdom (UK), commonly referred to as Brexit. It offers background information on possible implications of the vote to leave the EU, an overview of U.S.-UK trade and investment relations, and various estimates of Brexit’s financial implications for the U.S. and global economies. For Members of Congress, economic fallout from Brexit could increase the risks of a slower rate of economic growth and potentially complicate...
Supplemental Appropriations for Zika Response: The FY2016 Conference Agreement in Brief
This report presents funding proposals for response to the Zika outbreak, including proposals in Division B of the conference report, and, where applicable, associated proposed rescissions, including those in Division D of the conference report.
Agriculture and the Transatlantic Trade and Investment Partnership (T-TIP) Negotiations
The Transatlantic Trade and Investment Partnership (T-TIP) is a potential reciprocal free trade agreement being negotiated between the United States and the European Union (EU). Formal negotiations began in July 2013. Through the negotiations, both sides are seeking to liberalize transatlantic trade and investment, set globally relevant rules and disciplines that could boost economic growth, support multilateral trade liberalization through the World Trade Organization (WTO), and address third-country trade policy challenges. Agricultural issues have been an active topic of debate in the...
The Consolidated Appropriations Act of 2016 (P.L. 114-13) made several changes to the tax treatment of Real Estate Investment Trusts (REITs) and the Foreign Investment in Real Property Tax Act (FIRPTA, enacted in the Omnibus Reconciliation Act of 1980, P.L. 96-499) as it relates to REITs. REITs are corporations that issue shares of stock, are largely invested in real property, and do not generally pay corporate tax. REITs distribute and deduct most income as dividends to shareholders. U.S. individual shareholders pay tax at ordinary individual income tax rates on those dividends (rather...
Iran-North Korea-Syria Ballistic Missile and Nuclear Cooperation
Congress has at times expressed concern regarding ballistic missile and nuclear programs in Iran, North Korea, and Syria. This report focuses primarily on unclassified and declassified U.S. Intelligence Community (IC) assessments over the past two decades. These assessments indicate that
there is no evidence that Iran and North Korea have engaged in nuclear-related trade or cooperation with each other, although ballistic missile technology cooperation between the two is significant and meaningful, and
Syria has received ballistic missiles and related technology from North Korea and Iran...
Disposal of Unneeded Federal Buildings: Legislative Proposals in the 114th Congress
Real property disposal is the process by which federal agencies identify and then transfer, donate, or sell real property they no longer need. Disposition is an important asset management function because the costs of maintaining unneeded properties can be substantial, consuming financial resources that might be applied to long-standing real property needs, such as repairing existing facilities, or other pressing policy issues, such as reducing the national debt.
Despite the expense, federal agencies hold thousands of unneeded and underutilized properties. Agencies have argued that they...
The Brexit Vote: Political Fallout in the United Kingdom
Referendum Result Shakes Up British Politics
The result of the June 23 referendum on whether the United Kingdom (UK) should leave the European Union (EU) sent convulsions through the country’s political establishment. The regional dimensions of the voting have also fueled questions about the future of the UK’s political union. For additional information about the referendum result, see CRS Insight IN10513, United Kingdom Votes to Leave the European Union, by Derek E. Mix.
Theresa May Takes Over As Prime Minister
After 51.9% of referendum voters backed leaving the EU, Prime Minister David...
Consumer Operated and Oriented Plan (CO-OP) Program: Frequently Asked Questions
The Consumer Operated and Oriented Plan (CO-OP) program was included in the Patient Protection and Affordable Care Act (ACA; P.L. 111-148) in an effort to increase the competitiveness of state health insurance markets and improve choice. Under the program, the Centers for Medicare & Medicaid Services (CMS) uses appropriated funds to award low-interest loans to organizations applying to become CO-OPs—nonprofit, member-run health insurance issuers that sell health insurance in the state(s) in which they are licensed.
CMS awarded loans to 24 CO-OPs. One of the 24 CO-OPs was dropped from the...
Japan’s Upper House Elections: Ruling Coalition Strengthens Majority
Will Japan Amend Its Constitution?
In elections on July 10, 2016, for the Upper House of Japan’s Parliament, known as the Diet, the ruling coalition enlarged its majority from 135 to 146 seats out of 242. The conservative Liberal Democratic Party (LDP), led by Prime Minister Shinzo Abe, now holds two-thirds of the Lower House and a solid majority in the Upper House (see Figure 1) with its junior coalition partner Komeito. This fourth straight victory in parliamentary elections by Abe’s coalition reinforced his political power. Although the ruling coalition by itself fell short of the...
Economic Growth Slower Than Previous 10 Expansions
Legislators and individuals continue to express discontent with the recent pace of economic growth in the United States, particularly since the end of the recession in 2009. A recent poll found that nearly 60% of U.S. adults believe that the economy is performing poorly. Although this expansion is already the fourth longest since the 1850s (34 quarters to date), the slow pace of economic growth means the overall gains have been relatively small. As shown in Figure 1, the current economic recovery is the slowest recovery seen in the post-WWII period era. Real GDP has grown at an average...
Acquisition Reform in the House and Senate Versions of the FY2017 National Defense Authorization Act
For purposes of this analysis, CRS selected 31 sections of the House-passed version of FY2017 National Defense Authorization Act (H.R. 4909), and 68 sections of the Senate-passed version of FY2017 NDAA (S. 2943) that appear closely linked to the respective committee’s stated efforts to reform the acquisition system. Acquisition reform. Each section is identified as fitting into one (or more) of the following six overarching categories:
Gathering information for future action,
Streamlining the current process (focusing on schedule and minimizing bureaucratic effort),
Improving the...
Campaign Contributions and the Ethics of Elected Officials: Regulation Under Federal Law
Allegations of political corruption often involve questions regarding a public official or candidate’s use of campaign funds or the relationship between campaign contributors and the candidate or official. A common concern is that a particular individual, private organization, company, or other entity “bought”—through large campaign contributions widely distributed—particular official favors, official acts, or official forbearance from officers or employees of the federal government. These issues have been highlighted in several high-profile cases over recent years. In 2016, the Supreme...
Renewed Fighting in South Sudan: A Return to War?
The United States, which played a key role in South Sudan’s independence and is the country’s largest donor, declared itself a steadfast partner of the world’s newest country in 2011. Two years later, in December 2013, South Sudan collapsed into civil war. An August 2015 peace agreement led to the much-delayed formation of a Transitional Government of National Unity in April 2016. That event, while a major step forward, began a dangerous new phase of reconciliation in which opposition leader Riek Machar returned to the capital, Juba, to assume the post of First Vice President alongside his...
Overview
Prime Minister Malcolm Turnbull called an early double dissolution election on July 2, 2016, in an attempt to unblock legislation, obtain a direct mandate from the people and consolidate his position as prime minister. Instead, it appears Turnbull’s right-of-center Coalition will return to office with the narrowest of margins in the House and significant opposition in the Senate. Turnbull’s poor performance in the election may lead to internal and/or external challenges from critics in the year ahead. Australian voters appear to be continuing a trend away from the main political...
Amendments to the Higher Education Act in the 114th Congress: Current Legislation
On Wednesday, June 22, 2016, the House Committee on Education and the Workforce marked up and ordered reported five bills that would amend several of the programs and activities authorized under the Higher Education Act of 1965 (HEA).
H.R. 5528, the Simplifying the Application for Student Aid Act, would amend procedures for completing the Free Application for Federal Student Aid (FAFSA) to mandate the use of income and tax information from the second preceding (prior-prior) year for purposes of calculating a student’s expected family contribution (EFC), to require development of a tool...
U.S. LNG Exports from the Lower 48
LNG Exports Are Starting Up
Large-scale liquefied natural gas (LNG) exports from the lower 48 states began in February 2016 with a shipment from the Sabine Pass Liquefaction facility in Louisiana (see Table 1). For additional information on U.S. natural gas exports see CRS Report R42074, U.S. Natural Gas Exports: New Opportunities, Uncertain Outcomes, by Michael Ratner et al. The Sabine Pass facility is currently the only operating LNG export terminal in the lower 48 states, with an initial capacity of 2.2 billion cubic feet per day (bcf/d). Other LNG export projects in the United States...
Federal Power over Local Law Enforcement Reform: Legal Issues
Several protests around the country regarding police use of force and a perceived lack of accountability for law enforcement officers have sparked a discussion about local law enforcement and judicial practices. In response, several Members of Congress have formulated a number of proposals designed to promote accountability and deter discrimination at the state and local levels. However, because the enforcement of criminal law is primarily the responsibility of state and local governments, the imposition of federal restrictions on such entities raises important constitutional issues:...
FHFA’s Administrative Reform of Fannie Mae, Freddie Mac, and the Housing Finance System
Housing finance reform remains one of the major unresolved issues stemming from the financial crisis. Congress has held hearings and marked up bills related to reform, but so far only modest structural changes have been enacted. The Federal Housing Finance Agency (FHFA) has used its regulatory authority to enact certain policy changes.
FHFA is the regulator and conservator of Fannie Mae and Freddie Mac, two government-sponsored enterprises (GSEs) that play a significant role in the housing finance system. FHFA has leveraged the authority that it has over the GSEs and their market...
The Patient Protection and Affordable Care Act’s Essential Health Benefits (EHB)
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) requires all non-grandfathered health plans in the non-group and small-group private health insurance markets to offer a core package of health care services, known as the essential health benefits (EHB). The ACA does not specifically define this core package but rather lists 10 benefit categories from which benefits and services must be included. The 10 benefit categories are as follows: ambulatory patient services; emergency services; hospitalization; maternity and newborn care; mental health and substance...
Legislative History Research: A Guide to Resources for Congressional Staff
This report provides an overview of federal legislative history research, the legislative process, and where to find congressional documents. The report also summarizes some of the reasons researchers are interested in legislative history, briefly describes the actions a piece of legislation might undergo during the legislative process, and provides a list of easily accessible print and electronic resources. This report will be updated as needed.
On July 12, 2016, an arbitral tribunal constituted under the United Nations Convention on the Law of the Sea (UNCLOS) is expected to issue a ruling in a case between the Philippines and the People’s Republic of China (PRC or China). The Philippines, a U.S. ally, initiated the case in January 2013 under the convention’s compulsory dispute settlement provisions, seeking primarily to clarify the two countries’ potential maritime rights in the South China Sea. The Philippines and China are both parties to UNCLOS. The United States has a policy of operating consistent with the convention, but...
Child Support Enforcement: Tribal Programs
The Child Support Enforcement (CSE) program was enacted in 1975 as a federal-state program. Its mission is to enhance the well-being of children by helping custodial parents and children obtain financial support from the noncustodial parents. Although states were always required to provide CSE services to members of Indian tribes and tribal organizations who were part of their CSE caseloads, tribes were not specifically included in the CSE statute until the 1996 welfare reform law (P.L. 104-193). The 1996 law allowed any state that has Indian country within its borders to enter into a...
North American Leaders’ Summit
Introduction
Since 2005, the United States, Canada, and Mexico have made efforts to increase cooperation on broad economic and security issues through various endeavors, most notably by participating in trilateral summits known as the North American Leaders’ Summits (NALS). On June 29, 2016, Canadian Prime Minister Justin Trudeau hosted President Barack Obama and Mexican President Enrique Peña Nieto in Ottawa, Ontario, Canada for the 10th NALS. The meeting served as an opportunity to discuss measures to boost economic competitiveness, expand trade ties, and work on a common climate-change...
The Financial Services and General Government (FSGG) appropriations bill funds more than two dozen independent agencies performing a wide range of functions, such as managing federal real property, regulating financial institutions, and delivering mail. These agencies include Commodity Futures Trading Commission (CFTC), Consumer Product Safety Commission (CPSC), Election Assistance Commission (EAC), Federal Communications Commission (FCC), Federal Election Commission (FEC), Federal Labor Relations Authority (FLRA), Federal Trade Commission (FTC), General Services Administration...
Numerous nonprofit, private, and governmental organizations provide a wide range of assistance after a disaster strikes. Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288) requires federal agencies providing disaster assistance to ensure that individuals and businesses do not receive disaster assistance for losses for which they have already been compensated. Duplication of benefits occurs when compensation from multiple sources exceeds the need for a particular recovery purpose. Recipients are liable to the United States when the assistance...
Derivatives: Introduction and Legislation in the 114th Congress
Derivatives are financial instruments that come in several different forms, including futures, options, and swaps. A derivative is a contract that derives its value from some underlying asset at a designated point in time. The derivative may be tied to a physical commodity, a stock index, an interest rate, or some other asset.
Derivatives played a role in the 2008 financial crisis in a variety of ways. The unmonitored buildup of derivatives positions in the largely unregulated “over-the-counter” (OTC) market led many major financial institutions into large financial losses. Possibly the...
The Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA; H.R. 5278, S. 2328)
Representative Duffy introduced H.R. 5278, the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), on May 18, 2016. This bill is a revised version of H.R. 4900, introduced by Representative Duffy on April 12, 2016. The House Committee on Natural Resources marked up H.R. 5278 on May 25, 2016. Amendments include technical corrections and extensions of certain studies on the Puerto Rico government and economy. The major provisions of the bill were unaffected. The House passed an amended version of H.R. 5278, which is organized into seven titles, on June 9, 2016,...
Senate Action on U.S. Circuit and District Court Nominations During the Eighth Year of a Presidency
The process by which lower federal court judges are nominated by the President and approved by the Senate during the final year of a presidency has, in recent decades, been of continuing interest to Congress. The eighth year of a presidency is significant, in part, because it is the final opportunity for a President to appoint individuals as U.S. circuit and district court judges. Such judges have what effectively has come to mean life tenure, holding office “during good Behaviour.”
In light of continued Senate interest in the judicial confirmation process, this CRS Insight provides data...
The Trans-Pacific Partnership (TPP): Analysis of Economic Studies
Congress plays a major role in formulating and implementing U.S. trade policy through its legislative and oversight responsibilities. Under the U.S. Constitution, Congress has the authority to regulate foreign commerce, while the President has the authority to conduct foreign relations. In 2015, Congress reauthorized Trade Promotion Authority (TPA) that (1) sets trade policy objectives for the President to negotiate in trade agreements; (2) requires the President to engage with and keep Congress informed of negotiations; and (3) provides for Congressional consideration of legislation to...
P.L. 114-182: Toxic Substances Control Act (TSCA) Amendments
On June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (P.L. 114-182). The act primarily amends Title I of the Toxic Substances Control Act (TSCA; 15 U.S.C. 2601-2629) but also amends other existing law with regard to the long-term management and storage of elemental mercury, the federal authority to investigate potential cancer clusters, and the eligibility of skilled nursing facilities in rural communities for telecommunications services program funding. Previously, the Executive Office of the President published a statement of...
“Right-Sizing” the National Security Council Staff?
Currently, the main vehicle through which coordination among different U.S. government agencies on national security matters takes place is the National Security Council (NSC). As part of its defense reform deliberations, Congress is considering whether the modern National Security Council and its staff—established in 1947 to help oversee U.S. global security interests—is optimized to enable the United States to meet current and emerging threats (see CRS Report R44508, Fact Sheet: FY2017 National Defense Authorization Act (NDAA) DOD Reform Proposals, by Kathleen J. McInnis).
What is the...
Zika Virus in Latin America and the Caribbean: U.S. Policy Considerations
Congress is debating how to respond to an ongoing outbreak of Zika virus, a mosquito-borne illness that has no treatment or vaccine and can cause microcephaly—a severe birth defect—and other neurological complications. As of June 16, 2016, 60 countries and territories had reported mosquito-borne transmission of the virus, 39 of which are in Latin America and the Caribbean and are reporting cases of Zika for the first time. Brazil, which has registered the most confirmed cases of Zika in Latin America, will host the summer Olympics in August 2016. Scientists expect that travel destinations...
The Fair Labor Standards Act (FLSA) Child Labor Provisions
The Fair Labor Standards Act (FLSA) of 1938 prohibits the employment of “oppressive child labor” in the United States, which the act defines—with some exceptions—as the employment of youth under the age of 16 in any occupation or the employment of youth under 18 years old in hazardous occupations. The act includes several exemptions, however, that create a complex set of thresholds that depend on the child’s age, local school hours, the nature of the work (e.g., occupation, industry, and work environment), parental involvement in the child’s employment, and other factors. Notably,...
After Brexit: A Diminished or Enhanced EU?
EU in Uncharted Territory
On June 23, 2016, the United Kingdom (UK) held a public referendum on whether to remain a member of the European Union (EU). Voters favored leaving by 51.9% to 48.1%. This decision is unprecedented and will have significant political and economic repercussions for both the UK and the EU. The UK is the second-largest economy in the 28-member EU and a key diplomatic and military power. A British exit (dubbed “Brexit”) raises serious questions about the future shape and character of the European integration project. (For more information, see CRS Insight IN10513,...
Possible Economic Impact of Brexit
In a June 23, 2016 referendum, a majority of British voters supported the United Kingdom (UK) leaving the European Union (EU), stunning global financial markets that expected the vote to fail (see CRS Insight IN10513, United Kingdom Votes to Leave the European Union). In the immediate aftermath:
Some equity markets fell by as much as 7% in value (the Dow Jones industrial average fell by 600 points, or 3.5%), erasing nearly $3 trillion in equity value.
The British pound depreciated against other major currencies by its largest amount in one day; the U.S. dollar, the yen, and other...
Expulsion, Censure, Reprimand, and Fine: Legislative Discipline in the House of Representatives
The House of Representatives—in the same manner as the United States Senate—is expressly authorized within the United States Constitution (Article I, Section 5, clause 2) to discipline or “punish” its own Members. This authority of the House to discipline a Member for “disorderly Behaviour” is in addition to any criminal or civil liability that a Member of the House may incur for particular misconduct, and is used not merely to punish an individual Member, but to protect the institutional integrity of the House of Representatives, its proceedings, and its reputation.
The House may...
U.S. Semiconductor Manufacturing: Industry Trends, Global Competition, Federal Policy
Invented and pioneered in the United States shortly after World War II, semiconductors are the enabling technology of the information age. Because of semiconductors new industries have emerged and existing ones, such as aerospace and automotive, have been transformed. Semiconductors have contributed in powerful and unique ways to nearly all fields of science and engineering, and semiconductors’ economic and military importance has made the industry’s health a focus of congressional interest for nearly 70 years. In July 2015, Congress formed the Semiconductor Caucus, a group that seeks to...
Puerto Rico and Health Care Finance: Frequently Asked Questions
Puerto Rico’s financial circumstances, including uncertainty about its ability to service its large public debt, have drawn attention in recent months. As Congress examines Puerto Rico’s finances, questions have arisen about how federal health care programs (Medicare, Medicaid, and the State Children’s Health Insurance Program [CHIP]) and private health insurance requirements apply to Puerto Rico. Is Puerto Rico treated like a state, or is it treated differently?
This report provides answers to frequently asked questions (FAQs) about Puerto Rico’s health care system. The FAQs are divided...
Midnight Rules: Congressional Oversight and Options
During the final months of recent presidential administrations, federal agencies have typically issued a larger number of rules relative to comparable time periods earlier in the administration. This phenomenon is often referred to as “midnight rulemaking.” Various scholars and observers of the federal regulatory process have documented evidence of midnight rulemaking by recent outgoing administrations, and many expect a similar trend to reoccur in the final months of the Obama Administration.
Midnight rulemaking likely occurs because the outgoing presidential administration wants to...
United Kingdom Votes to Leave the European Union
Leave Campaign Wins Referendum on EU Membership
Nearly 52% of British voters in the June 23 referendum on European Union (EU) membership answered that the United Kingdom (UK) should leave the EU. The vote on a British exit from the EU (often referred to as “Brexit”) took place after four months of intense campaigning. Among a complex pattern of supporters and opponents of Brexit, the vote pitted Prime Minister David Cameron, who led the campaign to remain, against many members of his own Conservative Party. Prime Minister Cameron subsequently announced that he will step down by October...
Mass Shootings and Terrorism: CRS Products
On Sunday, June 12, 2016, approximately 50 people were killed (including the alleged assailant), and 53 more were injured in an attack on a nightclub in Orlando, FL, that catered to the lesbian, gay, bi-sexual, and transgender (LGBT) community. The alleged assailant was armed with an AR-15-type assault rifle and a pistol. The Bureau of Alcohol Tobacco, Firearms, and Explosives (ATF) has reported that these weapons were legally purchased in Florida. During the assault on the nightclub, the alleged assailant reportedly called 911 to pledge allegiance to ISIS. The assailant was killed by...
Slow Growth in the Current U.S. Economic Expansion
Between 2008 and 2015, economic growth has been, depending on the indicator, one-quarter to one-half the long-term average since World War II. Economic performance has been variable throughout the post-war period, but recent growth is markedly weaker than previous low growth periods, such as 1974 to 1995. Initially, slow growth was attributed to the financial crisis and its aftermath. But even after the recession ended and financial conditions normalized, growth has remained below average in the current economic expansion. The current expansion has already lasted longer than average, but...
Financing U.S. Agricultural Exports to Cuba
In December 2014, President Obama announced a new policy approach toward Cuba that in part seeks to reduce the role of long-standing U.S. sanctions on commercial relations with Cuba while also promoting greater engagement and normal relations with the island nation. For U.S. agriculture, the most significant change to emerge from the altered U.S. policy stance toward Cuba has been a revised interpretation of the definition of “payment of cash in advance” that conditions sales of agricultural commodities to Cuba under the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA,...
Congressional Censure and “No Confidence” Votes Regarding Public Officials
The House and the Senate have, from time to time in the past, proposed and—on some occasions—adopted a resolution which has expressed the body’s disapproval, condemnation, censure, or lack of confidence regarding a particular official in the executive branch of the federal government.
Such actions have not been considered as part of the express impeachment authority of the House within the Constitution (nor the authority to try such impeachments in the Senate), nor have they generally been considered as either part of the inherent contempt authority of either house of Congress or the...
Child Welfare: The Family First Prevention Services Act of 2016
The Family First Prevention Services Act of 2016 (H.R. 5456 and S. 3065) would amend the child welfare programs authorized in the Social Security Act to allow states to receive open-ended federal support under Title IV-E for time-limited services and programs that are intended to prevent the need for children to enter foster care by allowing children to remain safely at home with parents, or with kin. This change would respond to long-standing concern by state administrators, child welfare advocates, and some policymakers that federal child welfare support is largely available only after a...
Catfish Inspection and S.J.Res. 28
On May 25, 2016, the Senate passed S.J.Res. 28, which would disapprove the U.S. Department of Agriculture’s (USDA) rule on catfish inspection. The rule transferred catfish inspection from the Food and Drug Administration (FDA) to USDA’s Food Safety and Inspection Service (FSIS). The joint resolution passed 55-43 and is now before the House for consideration. If the House passes the joint resolution, it will be sent to the President for his consideration. If the joint resolution is approved, the responsibility for catfish inspection would return to FDA. Failure to take up the Senate joint...
Trade-Based Money Laundering: Overview and Policy Issues
Trade-based money laundering (TBML) involves the exploitation of the international trade system for the purpose of transferring value and obscuring the true origins of illicit wealth. TBML schemes vary in complexity but typically involve misrepresentation of the price, quantity, or quality of imports or exports. Financial institutions may wittingly or unwittingly be implicated in TBML schemes when such institutions are used to settle, facilitate, or finance international trade transactions (e.g., through the processing of wire transfers, provision of trade finance, and issuance of letters...
Proposed Boeing Aircraft Sale to Iran
The Pending Sale and Implications
A potential sale of Boeing passenger aircraft to Iran’s large state-owned airline, Iran Air, raises significant questions for Congress as it oversees implementation of the Iran nuclear agreement, including some sanctions relief. On June 21, 2016, Iran Air announced an intent to purchase 80 and lease 29 of The Boeing Company’s passenger aircraft, at an estimated total cost of about $25 billion. In February 2016, Iran Air agreed to buy 118 commercial aircraft from Airbus, Boeing’s main commercial competitor, at an estimated value of $27 billion....
Mileage-Based Road User Charges
A mileage-based road user charge would involve assessing owners of individual vehicles on a per-mile basis for the distance the vehicle is driven. Currently, federal highway and public transportation programs are funded mainly by motor fuel tax receipts that flow into the Highway Trust Fund (HTF). The tax rates, set on a per-gallon basis, have not been raised since 1993, and receipts have been insufficient to support the transportation programs authorized by Congress since FY2008. The long-term viability of motor fuels taxes is also questionable because of increasing vehicle fuel...
The Orlando Mass Shooting: CRS Experts
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Orlando Nightclub Mass Shooting: Gun Checks and Terrorist Watchlists
On June 12, 2016, an armed assailant killed 49 people and wounded over 50 others in an Orlando, FL, nightclub. After a three-hour standoff with police, the assailant was killed by police. It is unknown at this time whether any of the victims may have been killed in the crossfire between the police and the assailant during a hostage rescue operation. The deceased assailant was armed with a 5.56 caliber Sig Sauer rifle and a 9mm Glock semiautomatic pistol.
Assailant’s Gun Check
The alleged assailant, 29-year-old Omar Mir Seddique Mateen, acquired these firearms from a federally licensed gun...
Statements of Administration Policy
Presidents communicate their views on pending legislation in a variety of ways. The Office of Management and Budget (OMB) formally communicates the Administration’s views by way of Statements of Administration Policy. Statements of Administration Policy, or SAPs, are designed to signal the Administration’s position on legislation scheduled on the House and Senate floor.
SAPs are often the first public document outlining the Administration’s views on pending legislation and allow for the Administration to assert varying levels of support for or opposition to a bill. While Administrations...
Stafford Act Assistance and Acts of Terrorism
This insight provides a brief overview of Stafford Act declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (hereinafter the Stafford Act—42 U.S.C. 5721 et seq.) and the types of assistance they could authorize in response to terrorist incidents. This report also provides examples of Stafford Act declarations that have been issued for previous terrorist attacks.
Overview
The Stafford Act authorizes the President to issue two types of declarations that could provide federal assistance to states and localities in response to a terrorist attack: a “major...
The United Kingdom and the European Union: Stay or Go?
In-or-Out Vote Set for June 23
On June 23, 2016, British voters are expected to answer the question “Should the United Kingdom remain a member of the European Union?” The outcome of the referendum remains difficult to predict. Polling results have varied from week to week and continue to suggest a close race with a significant number of undecided voters. Some polls in mid-June have shown a late shift in favor of the Leave campaign.
Arguments For and Against
Since joining the precursor to the modern European Union (EU) in 1973, the United Kingdom (UK) has been considered one of the most...
Carl D. Perkins Career and Technical Education Act of 2006: An Overview
The Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV; P.L. 109-270) is the main federal law supporting the development of career and technical skills among students in secondary and postsecondary education. Perkins IV aims to improve academic outcomes and preparedness for higher education or the labor market among students enrolled in career and technical education (CTE) programs, previously known as vocational education programs.
The federal government has a long history of supporting programs to develop students’ career and technical skills, dating back to the 19th...
The Capital Investment Grant (CIG) program, often called New Starts, is a discretionary funding program for the construction of new fixed-guideway public transportation systems and the expansion of existing systems. Eligible projects include transit rail, including subway/elevated rail (heavy rail), light rail, and commuter rail, as well as bus rapid transit (BRT) and ferries.
The CIG program is one element of the federal public transportation program that is administered by the Federal Transit Administration (FTA) within the Department of Transportation (DOT). In December 2015, the CIG...
The Terrorist Screening Database: Background Information
The Federal Bureau of Investigation (FBI, the Bureau) has acknowledged that it had been investigating the shooter who killed 49 people at an Orlando nightclub on June 12, 2016. The gunman has been identified as Omar Mateen, a 29-year-old security guard in Florida who was born in New York. Reportedly, Mateen was watchlisted while under FBI investigation. This report provides background information on the watchlisting process.
The Terrorist Screening Database (TSDB, commonly referred to as the Terrorist Watchlist) lies at the heart of federal efforts to identify and share information about...
The Appointment Process for U.S. Circuit and District Court Nominations: An Overview
In recent decades, the process for appointing judges to the U.S. circuit courts of appeals and the U.S. district courts has been of continuing Senate interest. The responsibility for making these appointments is shared by the President and the Senate. Pursuant to the Constitution’s Appointments Clause, the President nominates persons to fill federal judgeships, with the appointment of each nominee also requiring Senate confirmation. Although not mentioned in the Constitution, an important role is also played midway in the appointment process by the Senate Judiciary Committee.
Presidential...
In the spring of 2016, the U.S. Supreme Court considered a set of challenges alleging that the contraceptive coverage regulations under the Affordable Care Act (ACA) violate the federal Religious Freedom Restoration Act (RFRA). Following oral arguments in which the eight sitting Justices appeared to be evenly divided, the Court unanimously declined to declare an answer in the set of seven consolidated cases, each brought by nonprofit religious entities with objections to the provision and use of contraceptives as well as to the process by which their objections may be accommodated under...
Trends in Child Care Spending from the CCDF and TANF
The Child Care and Development Fund (CCDF) is the main source of federal funding dedicated primarily to child care subsidies for low-income working families. The term “CCDF” was coined in regulation by the U.S. Department of Health and Human Services (HHS) to encompass multiple child care funding streams, including
federal discretionary child care funds authorized by the Child Care and Development Block Grant (CCDBG) Act,
federal mandatory child care funds authorized by Section 418 of the Social Security Act (sometimes referred to as the “Child Care Entitlement to States”),
state...
Social Media for Emergencies and Disasters: Overview and Policy Considerations
Since the mid-1990s, new technologies have emerged that allow people to interact and share information through the Internet. Often called “social media,” these platforms enable people to connect in ways that were non-existent, or widely unavailable 15 years ago. Examples of social media include blogs, chat rooms, discussion forums, wikis, YouTube channels, LinkedIn, Facebook, and Twitter. Social media can be accessed by computers, tablets, smart and cellular telephones, and mobile telephone text messaging (SMS).
In recent years social media has played an increasing role in emergencies and...
U.S. District Court Vacancies: Overview and Comparative Analysis
This Insight provides comparative historical data related to U.S. district court vacancies that existed at the beginning of the three most recent presidencies (Obama, George W. Bush, Clinton), as well as the number of vacancies that existed on June 1 of each President’s eighth year in office. Data is also provided for the last day of the George W. Bush and Clinton presidencies (and the percentage change in the number of vacancies from the beginning to the end of each presidency).
This Insight also provides a geographic overview of the location of district court vacancies that existed on...
Energy Tax Policy: Issues in the 114th Congress
Current U.S. energy tax policy is a combination of long-standing provisions and relatively new incentives. Provisions supporting the oil and gas sector reflect desires for domestic energy production and energy security, long-standing cornerstones of U.S. energy policy. Incentives for renewable energy reflect the desire to have a diverse energy supply, also consistent with a desire for domestic energy security. Incentives for energy efficiency are designed to reduce use of energy from all energy sources. Incentives for renewable energy, energy efficiency, and alternative technology vehicles...
U.S. Circuit Court Vacancies: Overview and Comparative Analysis
This Insight provides comparative historical data related to U.S. circuit court vacancies that existed at the beginning of the three most recent presidencies (Obama, George W. Bush, Clinton), as well as the number of vacancies that existed on June 1 of each President’s eighth year in office. Data is also provided for the last day of the George W. Bush and Clinton presidencies (and the percentage change in the number of vacancies from the beginning to the end of each presidency).
This Insight also provides a geographic overview of the location of circuit court vacancies that existed on June...
Declining Dynamism in the U.S. Labor Market
Many observers have noted that certain measures of the U.S. labor market “dynamism” or “fluidity”—including job reallocation, worker churn, and geographic labor mobility—have been declining for the past 20 years or more. The ability of U.S. workers to flow between jobs has been a defining feature of the economy since the end of World War II, and a reduction in labor market fluidity could have negative implications for unemployment, wage growth, and productivity. Economists have proposed several possible explanations for the decline in labor market dynamism, but the effect of these...
The Trans-Pacific Partnership (TPP): Key Provisions and Issues for Congress
The Trans-Pacific Partnership (TPP) is a proposed free trade agreement (FTA) among 12 Asia-Pacific countries, with both economic and strategic significance for the United States. The proposed agreement is perhaps the most ambitious FTA undertaken by the United States in terms of its size, the breadth and depth of its commitments, its potential evolution, and its geo-political significance. Signed on February 4, 2016, after several years of negotiations, if implemented, TPP would be the largest FTA in which the United States participates, and would eliminate trade barriers and establish new...
Peru: Politics, Economy, and Elections
This report provides an overview of Peru’s political, economic, and security conditions and of U.S.-Peruvian relations.
As President Ollanta Humala is nearing the end of his five-year term, Peru held national elections for the presidency and the 130-seat unicameral legislature on April 10, 2016. Because none of the presidential candidates won an absolute majority, a runoff was held June 5 between two center-right candidates. Economist Pedro Pablo Kuczynski defeated former congresswoman Keiko Fujimori by less than 1% of the vote, 50.12% to 49.88%.
For months, Fujimori had maintained a...
EU Agricultural Support: Overview and Comparison with the United States
The European Union (EU) is one of the United States’ chief agricultural trading partners but also a major competitor in world markets. Historically, both the United States and the EU have provided significant government support for their agricultural sectors. In the United States, federal farm policy has traditionally focused on price and/or income support programs concentrated on row crops including grains, oilseeds, and cotton as well as sugar and dairy. In contrast, the EU provides more extensive support to a broader range of farm and food products—including livestock products and fresh...
A Patent/Innovation Box as a Tax Incentive for Domestic Research and Development
A patent box provides a lower tax rate on income from patents, and in some cases, from other intellectual property. A number of countries, including the U.K., France, the Netherlands, and China, have adopted a patent box. Rates generally range from 5% to 15%. Patent boxes are in some cases referred to as innovation boxes because they cover income from non-patented as well as patented intellectual property. Patent boxes can have narrow coverage (providing a lower tax rate on royalties and licenses from patents) or broadly cover income attributable to intellectual property, including that...
In the 114th Congress, the House and Senate have passed energy legislation that addresses hydropower. Both the North American Energy Security and Infrastructure Act of 2016 (S. 2012, as engrossed in the House) and the Energy Policy Modernization Act of 2016 (S. 2012, as engrossed in the Senate) contain provisions that would alter the regulation and development of nonfederal hydropower, among other things. Both bills would establish a formal timeline for nonfederal hydropower project regulation, would appoint the Federal Energy Regulatory Commission (FERC) as the lead agency for nonfederal...
The Islamic State’s Acolytes and the Challenges They Pose to U.S. Law Enforcement
Analysis of publicly available information on homegrown violent jihadist activity in the United States since September 11, 2001, suggests that the Islamic State (IS) and its acolytes may pose broad challenges to domestic law enforcement and homeland security efforts. Homegrown IS-inspired plots can be broken into three rough categories based on the goals of the individuals involved. The first two focus on foreign fighters, the last on people willing to do harm in the United States:
The Departed—Americans, often described as foreign fighters, who plan to leave or have left the United...
Athletic Footwear for the Military: The Berry Amendment Controversy
The Berry Amendment, a 1941 federal law (10 U.S.C. §2533a), requires the Department of Defense (DOD) to purchase only wholly American-made clothing, textiles, and other essential items for the military (see CRS Report RL31236, The Berry Amendment: Requiring Defense Procurement to Come from Domestic Sources). Some in Congress seek to bring athletic footwear for new recruits under the Berry Amendment. Currently, most new recruits receive vouchers to buy running shoes, which need not be domestic in origin. Provisions in the 2017 National Defense Authorization Act (NDAA), of which one version...
Several western states are experiencing severe, and in some cases exceptional, drought. Conditions in California (which has been in a drought since 2012) have been particularly severe and have garnered national attention. California’s drought has decreased from its peak levels in 2015, but the drought’s persistence and intensity have driven ongoing interest in federally managed water supplies (in particular those supplies managed by the federal Bureau of Reclamation, or Reclamation), support for state and local water projects and programs, and conservation of fish species.
Although no...
Financial Services and General Government (FSGG) FY2016 Appropriations: Overview
The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and more than two dozen independent agencies. The House and Senate FSGG bills fund the same agencies, with one exception. The Commodities and Futures Trading Commission (CFTC) is funded through the Agriculture appropriations bill in the House and the FSGG bill in the Senate. This structure has existed since the 2007 reorganization of the House and Senate Committees on...
Unemployment Compensation (Insurance) and Military Service
The Unemployment Compensation (UC) program contains several provisions relevant to current and former military service personnel and their families. The UC program does not provide benefits for military servicemembers on active duty. However, former active duty military personnel (and certain reservists) recently separated from active duty may be eligible for Unemployment Compensation for Ex-Servicemembers (UCX).
Spouses of military service personnel who voluntarily quit a job to accompany their spouses on account of a military transfer may be eligible for UC benefits, based on the laws of...
India-U.S. Relations and the Visit of Prime Minister Modi
Introduction
Indian Prime Minister Narendra Modi, leader of the ruling Bharatiya Janata Party (BJP), is in Washington, DC, this week for a “working visit” that will include addressing Congress, the first such address by an Indian leader since 2005. House Speaker Paul Ryan invited Modi so Congress could “hear from the elected leader of the world’s most populous democracy on how our two nations can work together to promote our shared values and to increase prosperity.” For some, the event completes a “political rehabilitation” of a foreign leader who had been denied a U.S. visa over concerns...
Air Quality Issues and Animal Agriculture: A Primer
From an environmental quality standpoint, much of the public and policy interest in animal agriculture has focused on impacts on water resources, because animal waste, if not properly managed, can harm water quality through surface runoff, direct discharges, spills, and leaching into soil and groundwater. A more recent issue is the contribution of air emissions from animal feeding operations (AFOs), enterprises where animals are raised in confinement. This report provides background on the latter issue.
AFOs can affect air quality through emissions of gases such as ammonia and hydrogen...
TPP Financial Services Data Flows
Financial services firms and some members of Congress have raised specific concerns regarding the proposed Trans-Pacific Partnership (TPP) agreement, such as provisions on data localization for financial services firms. Treasury Secretary Jack Lew recently issued a proposal to address the data localization concerns, but it remains unclear if the current proposal will resolve the matter given that it would not change the current proposed TPP text.
For the first time in a U.S. FTA, the proposed TPP (1) would guarantee the cross-border data flows so that companies can transfer information in...
PROMESA (H.R. 5278) and Puerto Rico
Overview
Representative Sean Duffy introduced Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA—which means promise in Spanish; H.R. 5278) on May 18, 2016, which is a revised version of H.R. 4900, which Representative Duffy had introduced on April 12, 2016. The House Natural Resources Committee held a hearing on the bill’s provisions and Puerto Rico’s fiscal condition on May 19, 2016. The committee marked up H.R. 5278 on May 25, 2016, and agreed to amendments including those making technical corrections and extending the focus of certain studies on the Puerto Rico...
The U.S. Department of Agriculture (USDA) has said that it would finalize a livestock and poultry marketing rule that had originally been proposed by its Grain Inspection, Packers and Stockyards Administration (GIPSA) in June 2010 and commonly referred to as the “GIPSA rule.” In a speech to the National Farmers Union (NFU) on March 7, 2016, and as reported by Agri-Pulse, Secretary of Agriculture Tom Vilsack indicated that a rule would be proposed in late spring or early summer and finalized before the end of the Obama Administration. The GIPSA rule was proposed to implement provisions in...
Animal Waste and Hazardous Substances: Current Laws and Legislative Issues
The animal sector of agriculture has undergone major changes in the last several decades: organizational changes within the industry to enhance economic efficiency have resulted in larger confined production facilities that often are geographically concentrated. These changes, in turn, have given rise to concerns over the management of animal wastes and potential impacts on environmental quality.
Federal environmental law does not regulate all agricultural activities, but certain large animal feeding operations (AFOs) where animals are housed and raised in confinement are subject to...
The EMV Chip Card Transition: Background, Status, and Issues for Congress
Consumer financial card fraud due to data breaches of card information is an ongoing problem in the United States. The majority of breaches are carried out against point-of-sale (POS) systems, and are facilitated by what many consider to be the weak link in the U.S. retail sales payment process: the continued use of magnetic stripe cards (also referred to as stripe-and-signature cards). These cards are still what most U.S. consumers think of when referring to financial cards.
In much of the rest of the world, cards that provide a much higher level of security for conducting sales...
Puerto Rico’s Current Fiscal Challenges
The government of Puerto Rico faces severe fiscal challenges. A federal district court judge in late March 2016 held that the island’s government was insolvent and unable to pay its obligations on time. Emergency legislation (Act 21 of 2016) enacted on April 6, 2016, stated that the Puerto Rican government’s fiscal condition “is more dire than at any other point in its history” and that “depleted resources and strained liquidity threaten to bind the Commonwealth to a choice between honoring its commitments to bondholders or continuing to provide the residents of Puerto Rico with essential...
Allocation of Wastewater Treatment Assistance: Formula and Other Changes
Congress established a statutory formula governing distribution of financial aid for municipal wastewater treatment in the Clean Water Act (CWA) in 1972. Since then, Congress has modified the formula and incorporated other eligibility changes five times. Federal funds are provided to states through annual appropriations according to the statutory formula to assist local governments in constructing wastewater treatment projects in compliance with federal standards. The most recent formula change, enacted in 1987, continues to apply to distribution of federal grants to capitalize state...
Overtime Provisions in the Fair Labor Standards Act (FLSA): Frequently Asked Questions
The Fair Labor Standards Act (FLSA), enacted in 1938, is the main federal legislation that establishes general wage and hour standards for most, but not all, private and public sector employees. Among other protections, the FLSA establishes that covered nonexempt employees must be compensated at one-and-a-half times their regular rate of pay for each hour worked over 40 hours in a workweek.
The FLSA also establishes certain exemptions from its general labor market standards. One of the major exemptions to the overtime provisions in the FLSA is for bona fide “executive, administrative, and...
Medicare’s Skilled Nursing Facility (SNF) Three-Day Inpatient Stay Requirement: In Brief
Medicare beneficiaries are generally entitled to coverage for care they receive in a skilled nursing facility (SNF). However, Medicare beneficiaries can be liable for substantial cost sharing related to the care they receive in an SNF if that care is not preceded by a hospital inpatient stay of at least three days. On an increasing basis, however, Medicare beneficiaries are failing to meet this three-day inpatient stay requirement because they are receiving shorter inpatient hospital stays and overnight observation care as hospital outpatients, often for days at a time, which does not...
Goldwater-Nichols at 30: Defense Reform and Issues for Congress
Thirty years after its enactment, Congress has undertaken a review of the Goldwater-Nichols Department of Defense Reorganization Act (GNA) as well as the broader organization and structure of the contemporary Department of Defense (DOD) more broadly. Most observers agree that in principle a comprehensive review of the Goldwater-Nichols legislation is warranted at this juncture. Further, a broad consensus appears to exist among observers that DOD must become considerably more agile while retaining its strength in order to enable the United States to meet a variety of critical emerging...
Military Lending Act: Timeline, New Rules, and Issues
New rules under the Military Lending Act (MLA) that change the definition of consumer credit for covered servicemembers and dependents will apply to transactions or accounts that are established on or after October 3, 2016. These rules may have an impact on the regulatory burdens for businesses that provide credit products to the military and may also affect military readiness.
Legislative Timeline and Existing Rules
The MLA was enacted with the National Defense Authorization Act for Fiscal Year 2007. The impetus for the law was to protect servicemembers from certain “predatory” lending...
The Comprehensive Addiction and Recovery Act of 2016 (CARA; S. 524) aims to address the problem of opioid addiction in the United States. It passed the Senate (S. 524 ES) on March 10, 2016, and it passed the House with an amendment in the nature of a substitute (S. 524 EAH) on May 13, 2016. The two versions of the bill differ substantially. The scope of the differences may be illustrated by their structures: The Senate bill has 28 sections organized in 8 titles, whereas the House bill has 69 sections organized in 18 titles. This report discusses selected differences and similarities...
In October 2008, the Environmental Protection Agency (EPA) issued a regulation to revise a 2003 Clean Water Act rule governing waste discharges from large confined animal feeding operations (CAFOs). The 2008 action was necessitated by a 2005 federal court decision (Waterkeeper Alliance et al. vs. EPA, 399 F.3d 486 [2nd Cir. 2005]), resulting from challenges brought by agriculture industry groups and environmental advocacy groups, that vacated parts of the 2003 rule and remanded other parts to EPA for clarification.
The Clean Water Act prohibits the discharge of pollutants from any “point...
The Federal Information Technology Acquisition Reform Act (FITARA): Frequently Asked Questions
Federal agencies rely on information technology (IT) to conduct their work, requiring extensive investments in both updating existing IT and developing new IT. The Government Accountability Office (GAO) has reported that the federal government budgets more than $80 billion each year for IT investment. In FY2017, that investment will be more than $89 billion. Unfortunately, these investments often incur “multi-million dollar cost overruns and years-long schedule delays,” may contribute little to mission-related outcomes, and in some cases fail altogether. The Federal Information Technology...
Promoting Global Internet Freedom: Government and Industry Initiatives
Modern communication tools such as the Internet provide a relatively inexpensive, accessible, easy-entry means of sharing ideas, information, and pictures around the world. In a political and human rights context, in closed societies when the more established, formal news media is denied access to or does not report on specified news events, the Internet has become an alternative source of media, and sometimes a means to organize politically.
The openness and the freedom of expression allowed through social networking sites, as well as the blogs, video sharing sites, and other tools of...
Offsets, Supplemental Appropriations, and the Disaster Relief Fund: FY1990-FY2013
This report discusses the history of the use of offsetting rescissions to pay for supplemental appropriations to the Federal Emergency Management Agency’s Disaster Relief Fund (DRF) from FY1990 through FY2013.
As Congress debated the growing size of the budget deficit and national debt, efforts intensified to control spending and offset the costs of legislation. Several times between FY1990 and FY2013, the question of offsetting disaster relief spending became a focus of congressional debate.
Usually, in the time reviewed, supplemental disaster relief funding was treated as emergency...
DOD’s Rotation to the Philippines
The United States has long maintained a significant military presence in the Pacific, with permanent garrisons and regular deployments by ground, naval, and air forces and routine exercises with their local counterparts. In 2011-2012, the Department of Defense (DOD) announced its intention to “rebalance” by focusing more of its attention and activity on Asia. One goal is to influence the development of regional norms and rules, particularly as China exerts greater influence.
On March 18, 2016, the United States and the Republic of the Philippines announced the selection of five military...
This report provides information describing the federal civil remedies and criminal penalties that may be available as a consequence of violations of the federal intellectual property laws: the Copyright Act of 1976, the Patent Act of 1952, the Trademark Act of 1946 (conventionally known as the Lanham Act), and the Economic Espionage Act of 1996. The report explains the remedies and penalties for the following intellectual property offenses:
17 U.S.C. §501 (copyright infringement);
17 U.S.C. §506(a)(1)(A) and 18 U.S.C. §2319(b) (criminal copyright infringement for profit);
17 U.S.C....
A Resurgence of Unaccompanied Alien Children?
In the first seven months of FY2016, apprehensions of unaccompanied alien children (UAC) at the U.S.-Mexico border have approached levels close to what they were in FY2014 when such migration flows reached what were characterized as “crisis” proportions.
Unaccompanied alien children are statutorily defined as children who lack lawful immigration status in the United States, are under age 18, and lack a parent or legal guardian in the United States or a parent or legal guardian in the United States who is available to provide care and physical custody. They most often arrive at U.S. ports...
Substance Abuse and Mental Health Services Administration (SAMHSA): Agency Overview
In recent years, Members of both chambers have introduced legislation that would reauthorize, amend, add, or eliminate programs and activities undertaken by the Substance Abuse and Mental Health Services Administration (SAMHSA). This report briefly summarizes SAMHSA’s major programs and activities and describes the agency’s organizational structure. The Appendix provides an overview of SAMHSA’s budget.
SAMHSA’s two biggest programs are the Community Mental Health Services Block Grant (MHBG, $533 million in FY2016) and the Substance Abuse Prevention and Treatment Block Grant (SABG, $1.9...
On May 23, President Obama confirmed that a U.S. unmanned aerial vehicle strike on a remote village just over the Pakistan border had killed the leader of the Afghan Taliban, Mullah Akhtar Mohammad Mansour. The strike was conducted after U.S. intelligence reportedly tracked Mansour crossing back into Pakistan from Iran. U.S. officials asserted that Mansour posed an imminent threat to the approximately 9,800 U.S. forces in Afghanistan, who are training and advising the Afghan National Defense and Security Forces (ANDSF) and conducting counter-terrorism missions against Al Qaeda and the...
Social Media in Congress: The Impact of Electronic Media on Member Communications
The mediums through which Members and constituents communicate have changed significantly over American history and continue to evolve today. Whereas most communications traditionally occurred through the media, via postal mail, or over a telephone, the adoption and use of electronic communications via email and social media technologies (e.g., Twitter, Facebook, YouTube, and other sites) changes how Representatives and Senators disseminate and gather information, who they communicate with, and what types of information they share and receive from the general public, many not residing in...
Funding for Carbon Capture and Sequestration (CCS) at DOE: In Brief
to be suppressed Carbon capture and sequestration (or storage)—known as CCS The U.S. Department of Energy (DOE) American Recovery and Reinvestment Act (P.L. 111-5; enacted February 17, 2009, hereinafter referred to as the Recovery Act). research and development Administration’s FY2017 budget proposal, in Tables 1 and 2. Table 1 shows funding from FY2010 through FY2016, including Recovery Act funding. Fossil Energy Research and Development (1) FutureGen; (2) the Clean Coal Power Initiative (CCPI); (3) Industrial Carbon Capture and Storage (ICCS); and (4) Site Characterization, Training, and...
Security Assistance and Cooperation: Shared Responsibility of the Departments of State and Defense
The Department of State and the Department of Defense (DOD) have long shared responsibility for U.S. assistance to train, equip, and otherwise engage with foreign military and other security forces. The legal framework for such assistance emerged soon after World War II, when Congress charged the Secretary of State with responsibility for overseeing and providing general direction for military and other security assistance programs and the Secretary of Defense with responsibility for administering such programs. Over the years, congressional directives and executive actions have modified,...
Who Is a “Veteran”?—Basic Eligibility for Veterans’ Benefits
The U.S. Department of Veterans Affairs (VA) offers a broad range of benefits to U.S. Armed Forces veterans and certain members of their families. Among these benefits are various types of financial assistance, including monthly cash payments to disabled veterans, health care, education, and housing. Basic criteria must be met to be eligible to receive any of the benefits administered by the VA.
This report examines the basic eligibility criteria for VA administered veterans’ benefits, including the issue of eligibility of members of the National Guard and reserve components.
For a former...
Military Funeral Honors for Veterans
Eligible veterans are entitled to receive military honors at their funerals. Federal law, enacted in 1999 (P.L. 105-261) and amended in 2000 (P.L. 106-65) provides that each eligible veteran shall be provided, at minimum, a two-person funeral honors detail, the playing of taps, and the folding and presentation of a U.S. flag to the family. The Department of Veterans Affairs (VA) issues these honors at no cost to the veteran’s family. These honors can be augmented to include color guards, pallbearers, and firing parties provided either by the military or civilians in approved veterans or...
Federal Flood Risk Management Standard (FFRMS)
A Flood Resilience Standard for Federally Funded Projects
The Federal Flood Risk Management Standard (FFRMS) is the principal mechanism for accomplishing the flood risk management policies established by President Obama in Executive Order (E.O.) 13690. E.O. 13690 aims to improve the resilience of communities and federal assets against the impacts of flooding. The FFRMS is a flood resilience standard that is required for “federally funded projects.” The October 2015 FFRMS defines federally funded projects as “actions where Federal funds are used for new construction, substantial...
Status of the Ebola Outbreak in West Africa: Overview and Issues for Congress
The 2014-2015 outbreak and spread of Ebola Virus Disease (EVD, or Ebola) in West Africa became an international public health emergency that, in no small part due to international intervention, abated significantly by the end of 2015 and early 2016. The issue remains of interest toward the end of the 114th Congress for a number of reasons, including ongoing concerns about the status of disease and risks of future outbreaks, and interest in the disposition of funds appropriated by Congress in response to Ebola, especially in view of the more recent health challenge posed by the Zika virus....
Unaccompanied Alien Children: CRS Experts
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United States Lifts Remaining Restrictions on Arms Sales to Vietnam
Overview
From May 22 to 25, President Obama is visiting Vietnam, his first trip to that country as President. During his tenure, U.S.-Vietnam relations have expanded, fueled partially by shared concerns about China’s increased assertiveness in the South China Sea, where Hanoi and Beijing have competing territorial and exclusive economic zone (EEZ) claims. (See CRS In Focus IF10209, U.S.-Vietnam Relations.) While in Hanoi, the President announced the removal of remaining U.S. restrictions on sales of lethal weapons and related services to Vietnam. U.S. officials and some observers have...
Pay Equity: Legislative and Legal Developments
According to some federal data, on average, full-time female workers earn approximately 20% less than full-time male workers. At least a portion of this gap is due to observable factors such as hours worked and the concentration of female workers in lower-paid occupations. Some interpret these data as evidence that discrimination, if present at all, is a minor factor in the pay differentials and conclude that no policy changes are necessary. Conversely, advocates for further policy interventions note that some of the explanatory factors of the pay gap (such as occupation and hours worked)...
Treasury Issues White Paper on Fintech and Marketplace Lending
Marketplace lenders exemplify some of the ways that shadow banks have sought to access securities markets to fund commercial loans for consumers and businesses. Although there are several marketplace lending arrangements, it is typical for these firms to use data and modeling techniques to evaluate risks and finance loans, which are then typically destined for securities markets instead of depository banks’ portfolios. In some cases, online platforms partner with depository banks to originate the initial platform notes to fund the loans even though the loans are then sold. On May 10, 2016,...
The Federal Prison Population Buildup: Options for Congress
Since the early 1980s, there has been a historically unprecedented increase in the federal prison population. The total number of inmates under the Bureau of Prisons’ (BOP) jurisdiction increased from approximately 25,000 in FY1980 to over 205,000 in FY2015. Between FY1980 and FY2013, the federal prison population increased, on average, by approximately 5,900 inmates annually. However, the number of inmates in the federal prison system has decreased from FY2013 to FY2015.
Some of the growth is attributable to changes in federal criminal justice policy during the previous three decades....
U.S.-Vietnam Economic and Trade Relations: Issues for the 114th Congress
The year 2015 was a memorable year in U.S.-Vietnam relations, marking the 40th anniversary of the end of the Vietnam War, the 20th anniversary of the reestablishment of diplomatic relations, the first U.S. visit by a Chairman of the Vietnamese Communist Party (VCP) (in July), and the conclusion of the Trans-Pacific Partnership (TPP) trade negotiations (in October). This year also will be marked with historical events, including the 15th anniversary of the United States granting Vietnam permanent normal trade relations (PNTR), the February signing of the TPP, and President Obama’s first...
U.S.-EU Data Privacy: From Safe Harbor to Privacy Shield
Both the United States and the European Union (EU) maintain that they are committed to upholding individual privacy rights and ensuring the protection of personal data. Nevertheless, data privacy and protection issues have long been sticking points in U.S.-EU economic and security relations, in part because of differences in U.S. and EU data privacy approaches and legal regimes. In the late 1990s, the United States and the EU negotiated the Safe Harbor Agreement of 2000 to allow U.S. companies and organizations to meet EU data protection requirements and permit the legal transfer of...
Public Health Service Agencies: Overview and Funding (FY2015-FY2017)
Within the Department of Health and Human Services (HHS), eight agencies are designated components of the U.S. Public Health Service (PHS). The PHS agencies are funded primarily with annual discretionary appropriations. They also receive significant amounts of funding from other sources including mandatory funds from the Affordable Care Act (ACA), user fees, and third-party reimbursements (collections).
The Agency for Healthcare Research and Quality (AHRQ) funds research on improving the quality and delivery of health care. For several years prior to FY2015, AHRQ did not receive its own...
Environmental Protection Agency (EPA): FY2016 Appropriations
Enacted on December 18, 2015, Title II of Division G of the Consolidated Appropriations Act, 2016 (P.L. 114-113; H.R. 2029) provided $8.14 billion for the Environmental Protection Agency (EPA) for FY2016. The act appropriated funding for the full fiscal year through September 30, 2016, for the 12 regular appropriations acts, including “Interior, Environment, and Related Agencies,” under which EPA is funded. The total FY2016 enacted appropriations of $8.14 billion for EPA was the same as enacted for FY2015 but $451.8 million (5.3%) below the President’s FY2016 request of $8.59 billion. No...
Earthquake Risk and U.S. Highway Infrastructure: Frequently Asked Questions
Earthquakes and related events, such as soil liquefaction, landslides, tsunamis, flooding, and fires, pose risks to highway infrastructure. Concerns about the U.S. highway system’s seismic vulnerability stem from interest in protecting public safety, facilitating response and recovery efforts, and minimizing economic loss and social disruption. This report addresses a number of frequently asked questions about earthquake risk and highway system components, especially bridges.
The three components of seismic risk to the highway system are the likelihood of an earthquake of varying...
U.S. Department of the Treasury Denial of Benefit Reductions in the Central States Pension Plan
On May 6, 2016, the U.S. Department of the Treasury denied an application submitted by the Central States, Southeast and Southwest Areas Pension Plan (Central States) that would have reduced benefits to about 270,000 of the nearly 400,000 participants in the plan. The total amount of benefit reductions would have been about $11.0 billion (see page 13.2.1 of Checklist 13: Equitably Distributed). The application was submitted under the authority of The Multiemployer Pension Reform Act of 2014 (MPRA enacted as Division O in the Consolidated and Further Continuing Appropriations Act, 2015...
Waiting in Queue: Options for Addressing the Airport Screening Line Conundrum
It has been widely reported that airport passenger screening checkpoint lines are getting longer, leading to long wait times and missed flights, although reliable wait time data are generally lacking. The Transportation Security Administration (TSA) is currently facing a screener staffing shortage. Screener attrition has more than doubled over the past six years, rising to about 13% in FY2015. Shortages may also be partly attributable to overestimation of enrollment in TSA’s PreCheck program, which allows travelers who have completed security checks to use expedited screening lanes....
Senate Medical Innovation Bills: Overview and Comparison with the 21st Century Cures Act (H.R. 6)
Both the House and the Senate are considering legislation to support medical innovation, primarily through reforms to the National Institutes of Health (NIH) and changes to the drug, biologic, and device approval pathways at the Food and Drug Administration (FDA). On February 3, 2015 Senators Lamar Alexander and Patty Murray, chairman and ranking Member of the Committee on Health, Education, Labor and Pensions, announced the start of a bipartisan initiative to “examine the process for getting safe treatments, devices and cures to patients and the roles of the [FDA] and the [NIH] in that...
Practical and legal hurdles, including the difficulty of locating hidden Al Qaeda members and the infeasibility of enforcing judgments in terrorism cases, hinder victims’ attempts to establish liability in U.S. courts against, and recover financially from, those they argue are directly responsible for the September 11 terrorist attacks. Instead, victims have sued numerous individuals and entities with only indirect ties to the attacks, including defendants who allegedly provided monetary support to Al Qaeda prior to September 11, 2001. Within the consolidated case In re Terrorist Attacks...
The Farm Credit System (FCS) is a nationwide financial cooperative lending to agricultural and aquatic producers, rural homeowners, and certain agriculture-related businesses and cooperatives. Established in 1916, this government-sponsored enterprise (GSE) has a statutory mandate to serve agriculture. It receives tax benefits but no federal appropriations or guarantees. FCS is the only direct lender among the GSEs. Farmer Mac, a separate GSE but regulated under the umbrella of FCS, is a secondary market for farm loans. Federal oversight by the Farm Credit Administration (FCA) provides for...
Early Childhood Care and Education Programs: Background and Funding
The federal government has a long history of investing in early childhood care and education. As early as the 1930s, the government was supporting nursery schools for low-income children. Over time, the federal role in early childhood care and education has evolved, and today’s federal investments in this area come in many forms. For instance, such investments
Stretch across multiple federal agencies and congressional committee jurisdictions. Agencies include the Department of Health and Human Services (HHS), the Department of Education (ED), the Department of the Interior (DOI), the...
The Sentencing Reform Act of 2015 (H.R. 3713): A Summary
H.R. 3713, the Sentencing Reform Act of 2015, addresses the sentences that may be imposed in various drug and firearms cases. It proposes amendments to those areas of federal law that govern mandatory minimum sentencing requirements for drug and firearm offenses; the so-called safety valves which permits court to impose sentences below otherwise required mandatory minimums in the case of certain low-level drug offenders; and the retroactive application of the Fair Sentencing Act.
Related reports include CRS Report R44246, Sentencing Reform: Comparison of Selected Proposals, by Jared P....
National Security Space Launch at a Crossroads
The United States is in the midst of making significant changes in how best to pursue an acquisition strategy that would ensure continued access to space for national security missions. The current strategy for the EELV (Evolved Expendable Launch Vehicle) program dates from the 1990s and has since been revised a few times. The program has been dogged by perennial concerns over cost and competition. Those same concerns are a major impetus for change today.
The EELV program stands at a crossroads today. Factors that prompted the initial EELV effort in 1994 are once again manifest—significant...
The Nunn-McCurdy Act: Background, Analysis, and Issues for Congress
The Nunn-McCurdy Act (10 U.S.C. §2433) requires the Department of Defense (DOD) to report to Congress whenever a Major Defense Acquisition Program (MDAP) experiences cost overruns that exceed certain thresholds. A program whose cost growth exceeds the statutory thresholds is said to have a Nunn-McCurdy breach.
There are two types of breaches: significant breaches and critical breaches. A significant breach is when the Program Acquisition Unit Cost (the total cost of development, procurement, and construction divided by the number of units procured) or the Procurement Unit Cost (the total...
Federal Prison Industries: Background, Debate, Legislative History, and Policy Options
The Federal Prison Industries, Inc. (FPI), is a government-owned corporation that employs offenders incarcerated in correctional facilities under the Federal Bureau of Prisons (BOP). The FPI manufactures products and provides services that are sold to executive agencies in the federal government. The FPI was created to serve as a means for managing, training, and rehabilitating inmates in the federal prison system through employment in one of its industries.
The FPI is intended to be economically self-sustaining and it does not receive funding through congressional appropriations. In...
Information Warfare: DOD’s Response to the Islamic State Hacking Activities
The Islamic State (IS) has pursued a strategy of accessing U.S. government computer systems for a variety of purposes. IS pursues five primary categories of activity when targeting U.S. computer systems: defacement, distributed denial of service, data theft, disabling websites, and data breaches. The Department of Defense (DOD) is pursuing a number of activities aimed at detecting, deterring, and thwarting IS hacking activities.
In May 2015, FBI Director James Comey stated, “ISIS is waking up’ to the idea of using sophisticated malware to cyberattack critical infrastructure in the U.S.”...
The Alternative Minimum Tax for Individuals: In Brief
Suppress for publication
In addition to raising revenue, the individual income tax has been used as a vehicle to promote various social and economic goals. This has been accomplished by according preferential tax treatment to certain items of income and expense. The net result, however, has been an erosion of the individual income tax base. By utilizing the preferences and incentives in the tax code, some individuals can substantially reduce their income taxes.
To make sure that everyone paid at least some taxes and still preserve the economic and social incentives in the tax code,...
FDA’s Proposed Medical Device Surveillance System and the Role of Unique Device Identification (UDI)
The Food and Drug Administration (FDA) is responsible for regulating medical devices—a wide range of products used to diagnose, treat, monitor, or prevent a disease or condition. Problems related to medical devices can have serious consequences for patients. Defective devices, such as artificial hips and pacemakers, have caused severe patient injuries and deaths. FDA’s premarket review process cannot be designed to completely ensure the safety of all medical devices before they enter the market. Therefore, it is necessary to have a strong surveillance system that monitors device safety....
The Upcoming U.S.-Nordic Summit
On May 13, 2016, President Obama will host the five Nordic countries—Denmark, Finland, Iceland, Norway, and Sweden—for a U.S.-Nordic Leaders Summit in Washington, DC. The Nordics have long been U.S. strategic and economic partners. U.S. interest in enhancing cooperation has increased in light of Russia’s resurgence and changes in the Arctic. The formal agenda is expected to focus on several key issues, including countering terrorism and violent extremism; the migration and refugee crisis; climate change and the environment; the Arctic; nuclear and energy...
Military Officer Personnel Management: Key Concepts and Statutory Provisions
Congress and the executive branch are currently considering changes to the officer personnel management system. Some of these proposed changes would require changes to the laws, including provision enacted by the Defense Officer Personnel Management Act (DOPMA) and the Goldwater-Nichols Act (GNA).
Contemporary debates over officer personnel management policy often revolve around the fundamental questions of “what type of officers do we need to win the next war?” and “what skills does the officer corps need to enable the military services to perform their missions?” These questions are...
Agricultural Exports and 2014 Farm Bill Programs: Background and Current Issues
U.S. agricultural exports have long been a bright spot in the U.S. balance of trade, with exports exceeding imports in every year since 1960. But the trend of recent years—increasing export sales and a wider agricultural trade surplus—was reversed in FY2015, and the reversal is expected to be more pronounced in FY2016. After climbing to a record $152.3 billion in FY2014, U.S. farm exports declined to $139.7 billion in FY2015, and the U.S. Department of Agriculture (USDA) projects a further reduction to $125 billion in FY2016. Meanwhile, the value of U.S. agricultural imports has continued...
Legislative Procedures for Adjusting the Public Debt Limit: A Brief Overview
Nearly all of the outstanding debt of the federal government is subject to a statutory limit, which is set forth as a dollar limitation in 31 U.S.C. 3101(b). From time to time, Congress considers and passes legislation to adjust or suspend this limit.
The annual budget resolution is required to include appropriate levels of the public debt for each fiscal year covered by the resolution. The budget resolution, however, does not become law. Therefore, the enactment of subsequent legislation is necessary in order to implement budget resolution policies, including changes to the statutory...
Congressional Franking Privilege: Background and Recent Legislation
The congressional franking privilege, which dates from 1775, allows Members of Congress to transmit mail matter under their signature without postage. Congress, through legislative branch appropriations, reimburses the U.S. Postal Service for the franked mail it handles. Use of the frank is regulated by federal law, House and Senate rules, and committee regulations.
Reform efforts during the past 30 years have reduced overall franking expenditures in both election and non-election years. Even-numbered-year franking expenditures have been reduced by over 85% from $113.4 million in FY1988...
Funding of Presidential Nominating Conventions: An Overview
During the 113th Congress, legislation (H.R. 2019) became law (P.L. 113-94) eliminating Presidential Election Campaign Fund (PECF) funding for convention operations. The 2012 Democratic and Republican convention committees each received grants, financed with public funds, of approximately $18.2 million (for a total of approximately $36.5 million, as rounded). Barring a change in the status quo, the 2016 presidential nominating conventions will, therefore, be the first since the 1976 election cycle not supported with public funds.
Changes in PECF funding for convention operations do not...
Franking Privilege: Historical Development and Options for Change
The franking privilege, which allows Members of Congress to transmit mail matter under their signature without postage, has existed in the United States since colonial times. During the 18th and 19th centuries, the franking privilege served a fundamental democratic role, allowing Members of Congress to convey information to their constituents about the operations of government and policy matters before Congress. Conversely, it also provided a mechanism for citizens to communicate their feelings and concerns to Members (prior to 1873, Members could both send and receive mail under the...
Synthetic Drugs: Overview and Issues for Congress
Synthetic drugs, as opposed to natural drugs, are chemically produced in a laboratory. Their chemical structure can be either identical to or different from naturally occurring drugs, and their effects are designed to mimic or even enhance those of natural drugs. When produced clandestinely, they are not typically controlled pharmaceutical substances intended for legitimate medical use. Designer drugs are a form of synthetic drugs. They contain slightly modified molecular structures of illegal or controlled substances, and they are modified in order to circumvent existing drug laws. While...
Overview of Commercial (Depository) Banking and Industry Conditions
A commercial bank is an institution that obtains either a federal or state charter that allows it to accept federally insured deposits and pay interest to depositors. In addition, the charter allows banks to make residential and commercial mortgage loans; to provide check cashing and clearing services; to underwrite securities that include U.S. Treasuries, municipal bonds, commercial paper, and Fannie Mae and Freddie Mac issuances; and to conduct other activities as defined by statute, namely the National Banking Act. Commercial banks are limited in what they can do. For example, the...
Franking Privilege: Mass Mailings and Mass Communications in the House, 1997-2015
Despite significant reductions in congressional mail postage costs over the past 25 years, critics continue to raise concerns about the franking privilege. While proponents of the franking privilege argue that the frank allows Members to fulfill their representational duties by providing for greater communication between the Member and individual constituents, critics argue that it is both financially wasteful and gives an unfair advantage to incumbents in congressional elections. In particular, mass mailings have come under increased scrutiny as critics argue that the vast majority of...
Implications of Iranian Elections
Summary:
An apparent strong showing by supporters of President Hassan Rouhani might reflect broad support for the nuclear agreement between Iran and major international powers (“Joint Comprehensive Plan of Action,” JCPOA) that is providing significant sanctions relief. Iran’s core national security goals are unlikely to change, and with runoffs still to come, any possible easing of social and political restrictions is difficult to predict. The results could affect the choice of the next Supreme Leader.
Election Processes
On February 26, 2016, Iran held elections for the 290-seat Majles...
China’s Natural Gas: Uncertainty for Markets
China could potentially be a much larger producer and consumer of natural gas than it is now. Despite China’s pollution problems and international environmental commitments, the role of natural gas in China’s energy mix remains relatively low, particularly compared to the United States. China has announced big plans for its natural gas development and use, but the changes will require significant investment in exploration, production, infrastructure, and consumption. With a slowing economy, China may not be in a position in the short-term to undertake these investments.
China’s natural gas...
Majority, Concurring, and Dissenting Opinions Authored by Judge Merrick Garland
On March 16, 2016, President Obama nominated Judge Merrick Garland of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to fill the vacancy on the Supreme Court left by the death of Justice Antonin Scalia on February 13, 2016. Judge Garland was appointed to the D.C. Circuit in April 1997, and since February 2013 has served as the circuit court’s Chief Judge, an administrative position that rotates among the active judges on the circuit. To assist Members and committees of Congress and their staff in their ongoing research into Judge Garland’s approach to the...
Older Americans Act: 2016 Reauthorization
First enacted in 1965, the Older Americans Act (OAA) was created in response to concern by policymakers about a lack of community social services for older individuals. Since then, the OAA has been reauthorized and amended numerous times. The last OAA reauthorization occurred in 2006, when the Older Americans Act Amendments of 2006 (P.L. 109-365) was enacted, which extended the act’s authorizations of appropriations through FY2011 (authorizations of appropriations for most OAA programs expired on September 30, 2011). OAA-authorized activities have continued to receive funding for FY2012...
Green Infrastructure and Issues in Managing Urban Stormwater
For decades, stormwater, or runoff, was considered largely a problem of excess rainwater or snowmelt impacting communities. Prevailing engineering practices were to move stormwater away from cities as rapidly as possible to avoid potential damages from flooding. More recently, these practices have evolved and come to recognize stormwater as a resource that, managed properly within communities, has multiple benefits.
Stormwater problems occur because rainwater that once soaked into the ground now runs off hard surfaces like rooftops, parking lots, and streets in excessive amounts. It flows...
DHS Appropriations FY2016: Security, Enforcement and Investigations
This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2016. It specifically discusses appropriations for the components of DHS included in the second title of the homeland security appropriations bill—Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), the Transportation Security Administration (TSA), U.S. Coast Guard (USCG), and the U.S. Secret Service (USSS). Collectively, Congress has labeled these components in recent years as “Security, Enforcement, and Investigations.”
The report provides...
Patents and Prescription Drug Importation
Prescription drugs often cost far more in the United States than in other countries. Some consumers have attempted to import medications from abroad in order to realize cost savings. The practice of importing prescription drugs outside the distribution channels established by the brand-name drug company is commonly termed “parallel importation” or “re-importation.” Parallel imports are authentic products that are legitimately distributed abroad and then sold to consumers in the United States, without the permission of the authorized U.S. dealer.
Numerous bills have been introduced in the...
The Supreme Court’s First Climate Change Decision: Massachusetts v. EPA
In 2007, the Supreme Court issued its decision in Massachusetts v. EPA, its first pronouncement on climate change and a singularly important environmental law decision. This report reviews that decision, but leaves coverage of the many EPA actions based on the decision to other CRS reports.
Massachusetts v. EPA was a case brought to challenge EPA’s denial of a petition asking the agency to regulate greenhouse gas (GHG) emissions from new motor vehicles under the Clean Air Act (CAA). By a vote of 5-4, the Court held first that Massachusetts had standing to sue, an issue that took up most of...
Bipartisan Budget Act of 2015: Adjustments to the Budget Control Act of 2011
The Bipartisan Budget Agreement of 2015 (BBA 2015; P.L. 114-74) includes a number of provisions that alter the budget parameters established by the Budget Control Act of 2011 (BCA; P.L. 112-25). These provisions (1) increase the discretionary spending caps for FY2016 and FY2017; (2) extend automatic direct spending reductions to FY2025; (3) establish non-binding targets for spending designated for Overseas Contingency Operations/Global War on Terrorism (OCO/GWOT) services; (4) change limits to budget authority adjustment for certain program integrity activities from FY2017 to FY2021; and...
The Maternal and Child Health Services Block Grant: Background and Funding
The Maternal and Child Health (MCH) Services Block Grant program, authorized under Title V of the Social Security Act, is a flexible source of funds that states use to support maternal and child health programs. The program provides grants to states and territories to enable them to coordinate programs, develop systems, and provide a broad range of direct health services. In addition to block grants to states, the MCH Services Block Grant includes a set-aside for Special Projects of Regional and National Significance (SPRANS), and another set-aside for the Community Integrated Service...
The Wetlands Coverage of the Clean Water Act (CWA): Rapanos and Beyond
In 1985 and 2001, the Supreme Court grappled with issues as to the geographic scope of the wetlands permitting program in the federal Clean Water Act (CWA). In 2006, the Supreme Court rendered a third decision, Rapanos v. United States, on appeal from two Sixth Circuit rulings. The Sixth Circuit rulings offered the Court a chance to clarify the reach of CWA jurisdiction over wetlands adjacent only to nonnavigable tributaries of traditional navigable waters—including tributaries such as drainage ditches and canals that may flow intermittently. (Jurisdiction over wetlands adjacent to...
Dominican Republic: Update on Citizenship and Humanitarian Issues
The Dominican government has long been criticized for its treatment of Haitians and Dominicans of Haitian descent. The government is sensitive to such criticism because it touches on race and nationality issues. After sustained international criticism of a 2013 court ruling, Dominican President Danilo Medina has taken steps to address the citizenship status and rights of people of Haitian descent and undocumented individuals living in the Dominican Republic through implementation of a naturalization law and regularization plan. Medina is favored to win a second term in elections scheduled...
Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court
On March 16, 2016, President Obama nominated Judge Merrick Garland of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to fill the vacancy on the Supreme Court created by the unexpected death of Justice Antonin Scalia in February. Judge Garland was appointed to the D.C. Circuit by President Clinton in 1997, and is currently its chief judge, an administrative position that rotates among the active judges on the circuit. Prior to his appointment to the bench, Judge Garland served in the Criminal Division of the U.S. Department of Justice, where he notably oversaw...
The Buy American Act—Preferences for “Domestic” Supplies: In Brief
The Buy American Act of 1933 is the earliest and arguably the best known of various statutes regarding federal procurement of domestic products. Essentially, the act attempts to protect U.S. businesses and labor by restricting the acquisition and use of end products or construction materials that are not “domestic.” For purposes of the act, domestic end products and domestic construction materials include (1) unmanufactured end products or construction materials mined or produced in the United States, as well as (2) end products or construction materials manufactured in the United States,...
Securities and Exchange Commission’s Administrative Forum: Background and Selected Legal Challenges
The Securities and Exchange Commission’s (SEC’s) increased use of its in-house administrative forum to resolve charges against persons alleged to have violated federal securities laws has generated several court decisions, as well as congressional and media attention. Section 929P(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which gave the SEC the authority to impose civil money penalties, as well as cease-and-desist orders, on almost any person, is often stated as the reason that the SEC has increased its use of the administrative forum, instead of taking alleged...
Climate Change Paris Agreement Opens for Signature
On April 22, 2016, 175 out of 196 Parties to the United Nations Framework Convention on Climate Change signed the new international Paris Agreement to address greenhouse-gas-induced climate change. No international agreement has attracted as many signatures on a single day. In addition, 15 nations—all perceiving themselves as particularly vulnerable to the impacts of climate change—deposited their instruments of ratification as well (Barbados, Belize, Fiji, Grenada, Maldives, Marshall Islands, Mauritius, Nauru, Palau, Palestine, Saint Kitts and Nevis, Saint Lucia, Samoa, Somalia, and...
Miscellaneous Tariff Bills: Overview and Issues for Congress
U.S. importers often request that Members of Congress introduce bills seeking to temporarily suspend or reduce tariffs on certain imports. The rationale for these requests is that they cut costs for U.S manufacturers, thus enabling them to hire more workers, invest in research and development, and reduce costs for consumers.
In recent congressional practice, the House Ways and Means and Senate Finance Committees, the committees of jurisdiction over tariffs, have combined individual duty suspension bills and other technical trade provisions into larger pieces of legislation known as...
The Affordable Care Act (ACA) creates shared responsibilities for both employers and individuals with regard to health insurance coverage. The ACA expands federal private health insurance market requirements and requires the creation of health insurance exchanges to provide individuals and small employers with access to insurance. This report examines the new employer responsibilities.
To ensure that employers continue to provide some degree of health coverage, the ACA includes a “shared responsibility” provision. This provision does not require that an employer offer employees health...
EPA Regulation of Greenhouse Gases: Congressional Responses and Options
In August 2015, the Environmental Protection Agency (EPA) promulgated standards to limit emissions of greenhouse gases (GHGs) from both new and existing fossil-fueled electric power plants. Because of the importance of electric power to the economy and its significance as a source of GHG emissions, the EPA standards have generated substantial interest. The economy and the health, safety, and well-being of the nation are affected by the availability of a reliable and affordable power supply. Many contend that that supply would be adversely impacted by controls on GHG emissions. At the same...
Protection of Trade Secrets: Overview of Current Law and Legislation
A trade secret is confidential, commercially valuable information that provides a company with a competitive advantage, such as customer lists, methods of production, marketing strategies, pricing information, and chemical formulae. (Well-known examples of trade secrets include the formula for Coca-Cola, the recipe for Kentucky Fried Chicken, and the algorithm used by Google’s search engine.) To succeed in the global marketplace, U.S. firms depend upon their trade secrets, which increasingly are becoming their most valuable intangible assets.
However, U.S. companies annually suffer...
Congress is currently considering legislation that would make substantive changes to the Freedom of Information Act (FOIA). FOIA was originally enacted in 1966 and has been amended numerous times since—most recently in 2009. FOIA provides the public with a presumptive right to access agency records, limited by nine exemptions that allow agencies to withhold certain types or categories of records.
The legislation under consideration in the 114th Congress, S. 337 and H.R. 653, is largely based on bills from the 113th Congress, S. 2520 and H.R. 1211. Both of the bills in the current Congress...
What Are Negative Interest Rates?
Typically, borrowers need to pay a positive interest rate to entice a saver or investor to lend their funds instead of spending them. Negative rates are the opposite—savers who do not want to spend their funds are willing to pay borrowers to accept them.
In theory, nominal rates should never be negative because investors are better off holding currency, which earns a zero nominal rate, instead. In practice, holding large sums of currency incurs a convenience cost—it is bulky and can be lost or stolen. Buying a safe or renting a security deposit box are...
What’s on Television? The Intersection of Communications and Copyright Policies
In the 1940s and 1950s, watching television meant tuning into one of a few broadcast television stations, with the help of an antenna, to watch a program at a prescheduled time. Over subsequent decades, cable and satellite operators emerged to enable households unable to receive over-the-air signals to watch the retransmitted signals of broadcast television stations. More recently, some viewers have taken to watching TV programming on their computers, tablets, mobile phones, and other Internet-connected devices at times of their own choosing, dispensing with television stations and cable...
The World Drug Problem: UNGA Convenes for a Special Session
The United Nations General Assembly (UNGA) has convened in New York for a special session on “The World Drug Problem.” It is the third time the UNGA will convene such a session on global drug issues. Previous special sessions on drugs were held in 1990 and 1998.
The 2016 special session builds on work by the U.N. Commission on Narcotic Drugs (CND), the primary U.N. policymaking body on drug matters, including
the 2009 “Political Declaration and Plan of Action on International Cooperation Towards an Integrated and Balanced Strategy to Counter the World Drug Problem” and
the 2014 “Joint...
Escalating Violence in El Salvador
During 2015, El Salvador posted the world’s highest homicide rate, 104 homicides per 100,000 people. Homicides, many gang-related, have trended further upward in 2016, with more than 2,000 killings recorded through March, including massacres, killings of police and their families, and extrajudicial killings of suspected gang members. El Salvador has the highest concentration of gang members in Central America. Many analysts assert that the government’s tough anti-gang policies are worsening the violence; others maintain that the government has few policy options available. Escalating...
Oil Producing Countries Ministerial Meeting: Background, Results, and Market Implications
On April 17, 2016, in Doha, Qatar, at least 15 oil producing countries—representing approximately 55% of global crude oil production—gathered for a meeting with the Organization of the Petroleum Exporting Countries (OPEC) to discuss an agreement among attendees to limit oil production to January 2016 levels in order to support prices. Countries represented at the meeting included most OPEC members as well as non-OPEC oil exporters, but not the United States. Producing country meetings/agreements have occurred in the past and are closely monitored by the media and oil market participants as...
Border Security: Immigration Enforcement Between Ports of Entry
Border enforcement is a core element of the Department of Homeland Security’s effort to control unauthorized migration, with the U.S. Border Patrol (USBP) within the U.S. Customs and Border Protection (CBP) as the lead agency along most of the border. Border enforcement has been an ongoing subject of congressional interest since the 1970s, when unauthorized immigration to the United States first registered as a serious national problem; and border security has received additional attention in the years since the terrorist attacks of 2001.
Since the 1990s, migration control at the border...
Reauthorization of Federal Aviation Programs: Action in the 114th Congress
On April 19, the Senate passed H.R. 636 to reauthorize the Federal Aviation Administration (FAA), other civil aviation programs, and Airport and Airway Trust Fund (AATF) revenues through September 30, 2017. The legislation now moves to the House of Representatives, where a six-year FAA reauthorization bill, H.R. 4441, and a related bill on aviation research, H.R. 4489, were marked up and ordered reported by the Transportation and Infrastructure Committee and the Science, Space, and Technology Committee, respectively, on February 11. Proposed authorization amounts and comparisons to FY2016...
The Islamic State’s Acolytes and the Challenges They Pose to U.S. Law Enforcement
Analysis of publicly available information on homegrown violent jihadist activity in the United States since September 11, 2001, suggests that the Islamic State (IS) and its acolytes may pose broad challenges to domestic law enforcement and homeland security efforts. Homegrown IS-inspired plots can be broken into three rough categories based on the goals of the individuals involved. The first two focus on foreign fighters, the last on people willing to do harm in the United States:
The Departed—Americans, often described as foreign fighters, who plan to leave or have left the United...
DHS Appropriations FY2016: Protection, Preparedness, Response, and Recovery
This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2016. It specifically discusses appropriations for the components of DHS included in the third title of the homeland security appropriations bill—the National Protection and Programs Directorate (NPPD), the Office of Health Affairs (OHA), and the Federal Emergency Management Agency (FEMA). Collectively, Congress has labeled these components in the appropriations act in recent years as “Protection, Preparedness, Response, and Recovery.”
The report provides an overview of...
Contested Presidential Nominating Conventions: Brief Background and Questions
Neither major party has required multiple votes to select a presidential nominee since the 1952 Democratic National Convention and the 1948 Republican National Convention. Yet, prolonged primary campaigns routinely fuel speculation that convention delegates might again be called on to choose a party’s presidential nominee through multiple ballots, rather than to ratify a clear outcome from the primaries. This CRS Insight briefly addresses selected questions about possible contested Democratic and Republican conventions that might be relevant as Members of Congress prepare for the 2016...
Sexual Violence at Institutions of Higher Education
In recent years, a number of high-profile incidents of sexual violence at institutions of higher education (IHEs) have heightened congressional and administration scrutiny of the policies and procedures that IHEs use to address sexual violence on campus. Among other things, concerns have been expressed about standards of evidence used in institutional proceedings that occur in response to a report of sexual violence on campus, the sufficiency of current legal remedies, and Department of Education (ED) guidance to IHEs.
Further, although sexual violence on campus is a widely acknowledged...
Congressional Official Mail Costs
The congressional franking privilege allows Members of Congress to send official mail via the U.S. Postal Service at government expense. This report provides information and analysis on the costs of franked mail in the House of Representatives and Senate.
In FY2015, total expenditures on official mail were $8.3 million. House official mail costs ($6.8 million) were 82% of the total, whereas Senate official mail costs ($1.5 million) were 18% of the total. In FY2014, total expenditures on official mail were $16.9 million. House official mail costs ($15.1 million) were 89% of the total,...
Mens Rea Reform: A Brief Overview
Criminal justice reform has played a major role in the congressional agenda over the past several Congresses, with sentencing reform bills making up the majority of the legislative action on this issue. However, some reformers have also highlighted the need to strengthen the mens rea requirements in federal law. Mens rea, Latin for “guilty mind,” is the mental state the government must prove to secure a conviction. For instance, some laws require that the prosecution demonstrate that the defendant intentionally have committed the act in question—that is, committing the act with the...
General Policy Statements: Legal Overview
Agencies frequently use guidance documents to set regulatory policy. While “legislative rules” carry the force of law and are required to undergo the notice and comment procedures of the Administrative Procedure Act (APA), guidance documents are exempt from these constraints and can be issued more swiftly than legislative rules. The issuance of such guidance documents, however, has not escaped criticism. Some have argued that agencies use guidance documents to effectively change the law or expand the scope of their delegated regulatory authorities. This report focuses on agency use and...
Lethal Autonomous Weapon Systems: Issues for Congress
The current research and future deployment of lethal autonomous weapon systems (LAWS) is actively under discussion throughout the military, nongovernmental, and international communities. This discussion is focused, to various degrees, on the military advantage to be gained from current and future systems, the risks and potential benefits inherent in the research and deployment of autonomous weapon systems, and the ethics of their use. Restrictions, if any, in treaty and domestic law, as well as the specific rules governing procurement and use of LAWS by the military, will all rely to...
Congressional Redistricting: Legal and Constitutional Issues
Congressional redistricting is the drawing of district boundaries from which the people choose their representatives to the U.S. House of Representatives. The legal framework for congressional redistricting resides at the intersection of the Constitution’s limits and powers, requirements prescribed under federal law, and the various processes imposed by the states. Prior to the 1960s, court challenges to redistricting plans were considered non-justiciable political questions that were most appropriately addressed by the political branches of government, not the judiciary. In 1962, in the...
The Islamic State Woos Jihadists in Africa but Faces Competition
In March 2015, the Islamic State sought to publicize its expansion into sub-Saharan Africa, highlighting in its English-language magazine, Dabiq, the pledge of allegiance made that month by Abubakar Shekau, leader of the Nigeria-based Salafi-jihadist group Boko Haram (see CRS Report R43558, Nigeria’s Boko Haram: Frequently Asked Questions, by Lauren Ploch Blanchard). The edition—“Sharia Alone Will Rule Africa”—described the alliance as a “new door” though which Muslims unable to travel to the Middle East might “migrate to the land of Islam” to wage jihad. Videos from other IS affiliates...
Zika Virus: Global Health Considerations
Background
Zika is a virus that is primarily spread by Aedes mosquitoes—the same mosquitoes that transmit dengue, chikungunya, and yellow fever. Zika transmission has also been documented from mother to child during pregnancy, as well as through sexual intercourse, blood transfusions, and laboratory exposure. Scientists first identified the virus in 1947 among monkeys living in the Ugandan Zika forest. Five years later, human cases were detected in Uganda and Tanzania. The first human cases outside of Africa were diagnosed in the Pacific in 2007 and in Latin America in 2015. From January...
Export-Import Bank: Frequently Asked Questions
The Export-Import Bank of the United States (Ex-Im Bank or the Bank), a wholly owned federal government corporation, is the official export credit agency (ECA) of the U.S. government. Its mission is to assist in financing and facilitating U.S. exports of goods and services to support U.S. employment. Ex-Im Bank operates under a renewable general statutory charter (Export-Import Bank Act of 1945, as amended). In the 114th Congress, Ex-Im Bank’s charter was extended through September 30, 2019, by the Export-Import Bank Reform and Reauthorization Act of 2015 (Division E of P.L. 114-94, a...
Gender Identity Discrimination in Public Education: A Legal Analysis
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Hatch Act Restrictions on Federal Employees’ Political Activities in the Digital Age
Federal officers and employees historically have been subject to certain limitations when engaging in partisan political activities. Although they have always retained their right to vote and privately express political opinions, for most of the last century, they were prohibited from being actively involved in political management or political campaigns. At the beginning of the 20th century, civil service rules imposed a general ban on voluntary, off-duty participation in partisan politics by merit system employees. The ban prohibited employees from using their “official authority or...
The Internet Tax Freedom Act: In Brief
The Internet Tax Freedom Act (ITFA; P.L. 105-277), enacted in 1998, implemented a three-year moratorium preventing state and local governments from taxing Internet access, or imposing multiple or discriminatory taxes on electronic commerce. Under the moratorium, state and local governments cannot impose their sales tax on the monthly payments that consumers make to their Internet service provider in exchange for access to the Internet. In addition to the moratorium, a grandfather clause was included in ITFA that allowed states which had already imposed and collected a tax on Internet...
U.S. Sugar Program Fundamentals
The U.S. sugar program provides a price support guarantee to producers of sugar beets and sugarcane and to the processors of both crops. The U.S. Department of Agriculture (USDA), as program administrator, is directed to administer the program at no budgetary cost to the federal government by limiting the amount of sugar supplied for food use in the U.S. market. To achieve both objectives, USDA uses four tools—as reauthorized without change by the 2014 farm bill (P.L. 113-79) and found in chapter 17 of the Harmonized Tariff Schedules of the United States—to keep domestic market prices...
After the attacks of September 11, 2001, President George W. Bush authorized the National Security Agency to conduct a Terrorist Surveillance Program (TSP) to “intercept international communications into and out of the United States” by “persons linked to al Qaeda or related terrorist organizations.” After the TSP activities were concluded in 2007, Congress enacted the Protect America Act (PAA, P.L. 110-55), which established a mechanism for the acquisition, via a joint certification by the Director of National Intelligence (DNI) and the Attorney General (AG), but without an individualized...
U.S. Postal Service Rolls Back Its Prices
On April 10, 2016, the U.S. Postal Service (USPS) was required to roll back prices on many of its postal products and services, including First-Class “Forever” stamps. This is the first time in nearly a century that the USPS has dropped the price of First-Class “Forever” (or equivalent domestic letter) postage.
Due to the removal of a temporary surcharge (also called an exigent postal surcharge), the prices for nearly all market-dominant products and services, which are those where the USPS is considered to have a monopoly, such as First-Class Mail or Standard Mail (i.e., advertising...
The U.S. Intelligence Community: Selected Cross-Cutting Issues
This report focuses on cross-cutting management issues that affect the Intelligence Community’s (IC’s) ability to counter “pervasive and emerging threats” to the United States and balance resources both appropriately and wisely. As the IC’s senior manager, these issues ultimately fall within the Director of National Intelligence’s (DNI’s) area of responsibility. The DNI is charged with integrating the community of intelligence agencies so that they operate effectively as one team.
There are no easy solutions to the challenges examined in this report. The IC’s efforts to demonstrate...
Nigeria’s Boko Haram: Frequently Asked Questions
Boko Haram, a violent Nigerian Islamist movement, has grown increasingly active and deadly in its attacks against state and civilian targets in recent years, drawing on narratives of religious exclusivism, victimization, and vengeance for state abuses to elicit sympathizers and recruits. The group’s April 2014 abduction of almost 300 schoolgirls drew particular international attention, including from the Obama Administration and Members of Congress. Boko Haram’s high death toll and its pledge of allegiance to the Islamic State (IS, aka ISIL or ISIS) in March 2015 have further raised the...
Counting Casualties in Syria and Iraq: Process and Challenges
Casualty estimates for the conflicts in Iraq and Syria are inconsistent and unreliable because of a range of methodological challenges in conducting and reporting counts. Estimates of the number of people who have died during Syria’s civil conflict since March 2011 range from 250,000 to 470,000. In Iraq, the estimated range is between 19,000 and 41,650 deaths since January 2014. This product discusses the difficulties of collecting war-related casualty data in both countries and provides an overview of some of the current estimated figures available through selected organizations. CRS is...
Unaccompanied Children from Central America: Foreign Policy Considerations
Since FY2011, the number of unaccompanied alien children (UAC) traveling to the United States from the “northern triangle” nations of Central America—El Salvador, Guatemala, and Honduras—has increased sharply. U.S. authorities encountered more than 52,000 unaccompanied minors from the region at the U.S. border in FY2014, a more than 1,200% increase compared to FY2011. This unexpected surge of children strained U.S. government resources and created a complex crisis with humanitarian implications. U.S. apprehensions of unaccompanied minors from the northern triangle declined by 45% in...
Net Neutrality: Selected Legal Issues Raised by the FCC’s 2015 Open Internet Order
In February 2015, the Federal Communications Commission (FCC) adopted an order that will impose rules governing the management of Internet traffic as it passes over broadband Internet access services (BIAS), whether those services are fixed or wireless. The rules are commonly known as “net neutrality” rules. The order was released in March 2015 and published in the Federal Register on April 13, 2015. The order took effect on June 12, 2015. According to the order, the rules ban the blocking of legal content, forbid paid prioritization of affiliated or proprietary content, and prohibit the...
Class Action Litigation: The Court and Congress
The class action suit is a procedural device for joining numerous parties in a civil lawsuit when the issues involved are common to the class as a whole and when the issues turn on questions of law applicable in the same manner to each member of the class. Class actions are intended to save the resources of both the courts and the parties by permitting an issue potentially affecting every class member to be litigated together in an economical fashion. The class action is also intended to allow parties to pursue a legal remedy when it is not economically feasible to obtain relief, such as...
The Social Security Administration (SSA): Budget Request and Appropriations
The Social Security Administration (SSA) is responsible for administering a number of federal entitlement programs that provide income support (cash benefits) to qualified individuals. These programs are Old-Age, Survivors, and Disability Insurance (OASDI), commonly known as Social Security; Supplemental Security Income (SSI) for the Aged, Blind, and Disabled; and Special Benefits for Certain World War II Veterans. In FY2017, SSA’s programs are projected to pay a combined $1.0 trillion in federal benefits to 68.4 million recipients. Spending on administrative costs for these programs is...
Lead in Flint, Michigan’s Drinking Water: CRS Experts
Head Start; Home Visiting; Maternal, Infant, and Early Childhood Home Visiting; MIECHV; Early Childhood; Child Development; blood lead reference level; blood lead level; lead poisoning prevention; health registries; EPA; toxicology of lead poisoning; EPSDT; Early and Periodic Screening, Diagnostic and Treatment; special education; Office of Lead Hazard Control and Healthy Homes; healthy homes; Safe Drinking Water Act; SDWA; Safe Drinking Water State Revolving Fund; Drinking Water State Revolving Fund, water infrastructure; Lead and Copper Rule; corrosion control; Water Infrastructure...
The Financial Stability Oversight Council Reform Act (H.R. 3340)
The House Committee on Financial Services reported the Financial Stability Oversight Council Reform Act (H.R. 3340; H.Rept. 114-473) on March 23, 2016. Sponsored by Representative Tom Emmer, this act would (1) make the budget of the Financial Stability Oversight Council (FSOC) and its permanent staff (called the Office of Financial Research, or OFR) subject to the appropriations process, (2) increase the frequency of required annual reports of the OFR, and (3) require notice and comment procedures before OFR issuance of proposed rules, proposed regulations, and research reports.
The FSOC...
Closing Space: Restrictions on Civil Society Around the World and U.S. Responses
Civil society organizations (CSOs) around the world are confronting ever stricter limitations on their ability to operate, a phenomenon often referred to “closing space” for civil society work. From restrictions on the types of funding they are allowed to receive to draconian registration requirements, the measures targeting CSOs are increasingly putting pressure on the entire civil society sector in certain countries. These restrictions are most commonly imposed by governments seeking to limit the influence of nongovernmental actors, though restrictions are also being imposed by a broad...
U.S. Crude Oil Exports to International Destinations
On December 18, 2015, Congress passed H.R. 2029—the Consolidated Appropriations Act, 2016—which was enacted and became P.L. 114-113. A provision contained in P.L. 114-113 repealed a 40-year prohibition on the export of crude oil produced in the United States. (See CRS Report R44403, Crude Oil Exports and Related Provisions in P.L. 114-113: In Brief.) Removing this prohibition and its associated restrictions provides producers, shippers, and traders with more options to market and sell crude oil to international markets when market conditions support such transactions. Prior to removing...
Private health insurance is the predominant form of health insurance coverage in the United States, covering about two-thirds of Americans in 2014. The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) builds on and modifies existing sources of private health insurance coverage—the non-group (individual), small-group, and large-group markets. The ACA provisions follow a federalist model in which they establish federal minimum requirements and give states the authority to enforce and expand those federal standards.
The ACA includes provisions that restructure the...
National Park System: Units Managed Through Partnerships
In recent decades, it has become more common for the National Park Service (NPS) to own and manage units of the National Park System in partnership with others in the federal, tribal, state, local, or private sectors. Such units of the park system are often called partnership parks. Congressional interest in partnership parks has grown, especially as Congress seeks ways to leverage limited financial resources for park management.
Congress generally specifies the shared management arrangements for partnership parks in the establishing legislation for each park. The arrangements may aim to...
Federal Lifeline Program: Modernization and Reform
On March 31, 2016, the Federal Communications Commission (FCC) adopted an order to expand the scope of the Federal Lifeline program to provide subsidies for broadband adoption; enhance and expand mechanisms to streamline program administration; and further combat program fraud, waste, and abuse. Citing the need to close the digital divide, the division between those who use and have access to broadband versus those who do not, the FCC voted (3-2) to extend Lifeline program subsidies to cover high-speed broadband access. The Lifeline program is a needs-based program which traditionally...
The Army’s M-1 Abrams, M-2/M-3 Bradley, and M-1126 Stryker: Background and Issues for Congress
The M-1 Abrams Tank, the M-2/M-3 Bradley Fighting Vehicle (BFV), and the M-1126 Stryker Combat Vehicle are the centerpieces of the Army’s Armored Brigade Combat Teams (ABCTs) and Stryker Brigade Combat Teams (SBCTs).
In addition to the military effectiveness of these vehicles, Congress is also concerned with the economic aspect of Abrams, Bradley, and Stryker recapitalization and modernization. Due to force structure cuts and lack of Foreign Military Sales (FMS) opportunities, Congress has expressed a great deal of concern with the health of the domestic armored combat vehicle industrial...
Discharging a Senate Committee from Consideration of a Nomination
Some press reports have suggested that the full Senate could vote in relation to the nomination of Merrick B. Garland to be an Associate Justice of the Supreme Court, even if the Senate Judiciary Committee does not act on the nomination. (See, for example, the Roll Call article of March 28, 2016.) This CRS Insight addresses questions concerning the exact nature of such a vote; it also explains the procedural steps that could be necessary to bring the nomination to a direct vote on the floor. Not all procedural options are discussed in this product; additional resources and relevant CRS...
This CRS Insight provides data and analysis related to Supreme Court vacancies since 1797 that arose during one presidency and were filled during a different presidency. As of this writing, Senate debate on the current vacancy created by the death of Justice Antonin Scalia on February 13, 2016, has focused, in part, on whether to confirm a successor to Justice Scalia prior to a new President taking office on January 20, 2017. Note that this Insight does not take a position as to when the Senate might approve a new Justice for the Court.
This Insight is not intended to provide a...
High Frequency Trading: Overview of Recent Developments
High-frequency trading (HFT) generally refers to trading in financial instruments, such as securities and derivatives, transacted through supercomputers executing trades within microseconds or milliseconds (or, in the technical jargon, with extremely low latency). There is no universal or legal definition of HFT, however. Neither the Securities and Exchange Commission (SEC), which oversees securities markets, nor the Commodity Futures Trading Commission (CFTC), which regulates most derivatives trading, have specifically defined the term. By most accounts, high frequency trading has grown...
Department of Labor’s 2015 Proposed Fiduciary Rule: Background and Issues
On April 20, 2015, the Department of Labor (DOL) proposed redefining the term investment advice within pension and retirement plans. Under the Employee Retirement Income Security Act of 1974 (ERISA; P.L. 93-406), a person who provides investment advice has a fiduciary obligation, which means that the person must provide the advice in the sole interest of plan participants. Thus, redefining the term investment advice could affect who is subject to this fiduciary standard.
Regulations issued in 1975 define investment advice using a five-part test. To be held to ERISA’s fiduciary standard...
Telemarketing Regulation: National and State Do Not Call Registries
Today, it is axiomatic that telemarketers in the United States generally are not permitted to place outgoing telemarketing calls to phone numbers on the National Do Not Call List, unless an exception applies. This was not always the case, however. The National Do Not Call Registry was authorized by Congress and implemented by the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) in response to widespread frustration on the part of citizens with what were perceived to be abusive telemarketing practices. Particularly irritating and invasive were the numerous...
Calling Up Business on the Senate Floor
The Senate takes up measures and matters under procedures set in Senate rules and by long-standing customs, thereby giving it flexibility in setting its floor agenda. This report first treats those processes or customs most often used by the Senate and then discusses some procedures less often used to call up business.
This report will be revised as events warrant.
FY2015 State Grants Under Title I-A of the Elementary and Secondary Education Act (ESEA)
The Elementary and Secondary Education Act (ESEA) was comprehensively reauthorized by the Every Student Succeeds Act (ESSA; P.L. 114-95) on December 10, 2015. The Title I-A program is the largest grant program authorized under the ESEA and is funded at $14.4 billion for FY2015. It is designed to provide supplementary educational and related services to low-achieving and other students attending pre-kindergarten through grade 12 schools with relatively high concentrations of students from low-income families.
Under current law, the U.S. Department of Education (ED) determines Title I-A...
Supreme Court Vacancies: Frequently Asked Questions
The unexpected death of Supreme Court Justice Antonin Scalia on February 13, 2016—in the middle of the Supreme Court’s October 2015 term—has prompted questions about the process for filling the vacancy and how the Court will proceed in hearing cases and issuing opinions. These questions pertain to the constitutional role of the President and Senate in filling Supreme Court vacancies, whether and when the President and the Senate must act, and how the Supreme Court may proceed in hearing cases and issuing opinions with a vacant seat. This report provides answers to frequently asked legal...
Offender Reentry: Correctional Statistics, Reintegration into the Community, and Recidivism
The number of people incarcerated in the United States grew steadily for nearly 30 years. That number has been slowly decreasing since 2008, but as of 2014 there were still over 2 million people incarcerated in prisons and jails across the country. The Bureau of Justice Statistics (BJS) reports that between 1990 and 2014 an average of 594,600 inmates have been released annually from state and federal prisons and almost 5 million ex-offenders are under some form of community-based supervision.
Nearly all prisoners will return to their communities as some point. Offender reentry can include...
Taxation of Credit Unions: In Brief
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Credit unions are financial cooperatives organized by people with a common bond; they are the only depository institutions exempt from the federal corporate income tax. As financial cooperatives, credit unions only accept deposits of members and make loans only to members, other credit unions, or credit union organizations. At the inception of the federal income tax, credit unions along with thrifts and other mutual financial institutions were exempt from federal tax. Subsequent developments have seen thrifts and other mutual financial institutions lose their exemption....
Tax Provisions that Expired in 2014 (“Tax Extenders”)
In the past, Congress has regularly acted to extend expired or expiring temporary tax provisions. Collectively, these temporary tax provisions are often referred to as “tax extenders.” Fifty-two temporary tax provisions expired at the end of 2014. All of these provisions were either temporarily or permanently extended as part of the Consolidated Appropriations Act, 2016 (P.L. 114-113), signed into law on December 18, 2015. Unlike previous tax extenders legislation, P.L. 114-113 made a number of provisions permanent, and provided longer-term extensions for other provisions. This report...
Congressional Efforts to Amend Title I of the Toxic Substances Control Act (TSCA)
This report examines selected differences between the House and the Senate legislation that would amend Title I of the Toxic Substances Control Act (TSCA; 15 U.S.C. 2601-2629). Title I of TSCA is the principal federal statute that applies to the regulation of the lifecycle of commercial chemicals from their manufacture (defined to include importation) to disposal if elements of the lifecycle are found to present unreasonable risks.
Telehealth and Telemedicine: Description and Issues
Telehealth is the use of electronic information and telecommunications technologies to support remote clinical health care, patient and professional health-related education, public health, and other health care delivery functions. A narrower concept, telemedicine, refers to clinical services that are provided remotely via telecommunications technologies. Some sources use the two terms interchangeably, and there is no consensus among federal programs and among health care providers on the definition of either term.
Federal involvement in telehealth is varied. As of 2014, more than 20...
The Pacific Alliance: A Trade Integration Initiative in Latin America
The Pacific Alliance is a regional integration initiative formed by Chile, Colombia, Mexico, and Peru on April 28, 2011. Its main purpose is for members to form a regional trading bloc and forge stronger economic ties with the Asia-Pacific region. Costa Rica and Panama are candidates to become full members once they meet certain requirements. The United States joined the Alliance as an observer on July 18, 2013. The United States has free trade agreements with all four countries and has significant trade and foreign policy ties with the region. The Pacific Alliance is of interest to...
This report compares H.R. 2576, the TSCA Modernization Act of 2015, as passed by the House on June 23, 2015, and the Senate’s substitute amendment (S.Amdt. 2932) to H.R. 2576, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, as passed by the Senate on December 17, 2015. The Senate amendment is based, in part, on S. 697, as reported by the Senate Committee on Environment and Public Works on April 28, 2015.
The House bill and the Senate amendment would amend Title I of the Toxic Substances Control Act (TSCA). Enacted in 1976, TSCA is the primary federal law that authorizes...
The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress
Article V of the U.S. Constitution provides two ways to amend the nation’s fundamental charter. Congress, by a two-thirds vote of both houses, may propose amendments to the states for ratification, a procedure that has been used for all 27 current amendments. Alternatively, on the application of the legislatures of two-thirds of the states, 34 at present, Article V directs that Congress “shall call a Convention for proposing Amendments....” This alternative, known as an “Article V Convention,” has yet to be implemented. This report examines the Article V Convention alternative, focusing on...
Additional U.S. Ground Troops to Counter the Islamic State? Five Questions
This report addresses common questions regarding Operation Inherent Resolve (OIR)--the military campaign to counter the Islamic State (IS)--which has three primary components: coordinated air strikes, training and equipping local security forces, and targeted special operations based out of northern Iraq.
Burma’s 2015 Parliamentary Elections: Issues for Congress
The landslide victory of Aung San Suu Kyi’s National League for Democracy (NLD) in Burma’s November 2015 parliamentary elections may prove to be a major step in the nation’s potential transition to a more democratic government. Having won nearly 80% of the contested seats in the election, the NLD has a majority in both chambers of the Union Parliament, which gave it the ability to select the President-elect, as well as control of most of the nation’s Regional and State Parliaments.
Burma’s 2008 constitution, however, grants the Burmese military, or Tatmadaw, widespread powers in the...
Pipeline Transportation of Natural Gas and Crude Oil: Federal and State Regulatory Authority
New technologies such as hydraulic fracturing and directional drilling have dramatically increased U.S. production of natural gas and crude oil from shales and other unconventional formations. As a result, companies have invested in new pipeline infrastructure to transport these resources from producing regions to domestic and foreign consuming markets. Siting, construction, operation, and maintenance of this infrastructure may raise environmental, health, and safety concerns, particularly when oil or gas moves by pipeline through heavily populated areas. Such concerns may prompt...
DHS Appropriations FY2016: Research and Development, Training, and Services
This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2016. It specifically discusses appropriations for the components of DHS included in the fourth title of the homeland security appropriations bill—U.S. Citizenship and Immigration Services (USCIS), the Federal Law Enforcement Training Center (FLETC), the Science and Technology Directorate (S&T), and the Domestic Nuclear Detection Office (DNDO). Collectively, Congress has labeled these components in appropriations acts in recent years as “Research and Development,...
U.S. Trade Concepts, Performance, and Policy: Frequently Asked Questions
Congress plays a major role in U.S. trade policy through its legislative and oversight authority. There are a number of major trade issues that are currently the focus of Congress. For example, bills were introduced in the 113th Congress to reauthorize Trade Promotion Authority (TPA), the U.S. Generalized System of Preferences (GSP), and the U.S. Export-Import Bank, and legislative action on these issues could be forthcoming in the 114th Congress. Additionally, Congress has been involved with proposed free trade agreements (FTAs), including the Trans-Pacific Partnership (TPP) involving the...
President Obama's Historic Visit to Cuba
This report briefly discusses the details of President Obama's visit to Cuba. Before the trip, the White House set forth the goals of the visit, stating that the President would build on progress toward normalizing relations, including advancing commercial and people-to-people ties and expressing support for human rights.
Excise Tax on High-Cost Employer-Sponsored Health Coverage: In Brief
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) includes a 40% excise tax on high-cost employer-sponsored health coverage. This excise tax is often called the Cadillac tax. Under the ACA, the excise tax was to be implemented beginning in 2018; however, the Consolidated Appropriations Act of 2016 (P.L. 114-113) delays implementation until 2020.
The excise tax applies to the aggregate cost of an employee’s applicable coverage that exceeds a dollar limit. Applicable coverage includes, but is not limited to, the employer’s and the employee’s contribution to...
The Chinese Military: Overview and Issues for Congress
China is building a modern and regionally powerful military with a limited but growing capability for conducting operations away from China’s immediate periphery. The question of how the United States should respond to China’s military modernization effort is a central issue in U.S. defense planning and foreign policy. Congress’s decisions on this issue could affect U.S. defense strategy, budgets, plans, and programs, and the U.S. defense industrial base.
China has engaged in a sustained and broad effort over more than 25 years to transform its military, the People’s Liberation Army (PLA),...
The Federal Budget: Overview and Issues for FY2017 and Beyond
The federal budget is a central component of the congressional “power of the purse.” Each fiscal year, Congress and the President engage in a number of practices that influence short- and long-run revenue and expenditure trends. This report offers context for the current budget debate, and tracks legislative events related to the federal budget as they occur.
In recent years, policies enacted to decrease spending, along with a stronger economy, have led to reduced budget deficits. The Budget Control Act of 2011 (BCA; P.L. 112-25) implemented several measures intended to reduce the deficit...
Financial Services and Cybersecurity: The Federal Role
Multiple federal and state regulators oversee companies in the financial services industry. Regulatory authority is often directed at particular functions or financial services activities rather than at particular entities or companies. It is, therefore, likely that a financial services company with multiple product lines—deposits, securities, insurance—will find that it must answer to different regulators with respect to particular aspects of its operations. Five federal agencies oversee depository institutions, two regulate securities, several agencies have discrete authority over...
The child tax credit is intended to help ease the financial burden on families when they have children. The credit offsets a taxpayer’s federal income tax liability and also includes a refundable portion that may be claimed by taxpayers with little or no tax liability. The refundable portion is known as the additional child tax credit (ACTC).
To claim the child tax credit (including the ACTC), the taxpayer must provide a taxpayer identification number for the taxpayer, his or her spouse if married filing jointly, and any children. These identification numbers can be Social Security...
Electricity Markets—Recent Issues in Market Structure and Energy Trading
Electricity today is widely viewed as a commodity. As a commodity, electricity is bought and sold as power (measured in kiloWatts or MegaWatts) and energy (measured in kiloWatt-hours), with various attributes being traded in electricity markets. The importance of transparency in wholesale electricity markets was underscored by the Energy Policy Act of 2005 (P.L. 109-58), which aimed to facilitate price transparency in interstate markets for the sale and transmission of electric energy, and to prohibit energy market manipulation.
Regional Transmission Organizations (RTOs) are regional...
The Child Support Enforcement Program: A Legislative History
The Child Support Enforcement (CSE) program was enacted in 1975 as a federal-state program (Title IV-D of the Social Security Act, P.L. 93-647). It is intended to help strengthen families by securing financial support for children from their noncustodial parent on a consistent and continuing basis and by helping some of these families to remain self-sufficient and off public assistance. Child support payments enable parents who do not live with their children to fulfill their financial responsibility to them by contributing to the payment of childrearing costs.
When the program was first...
Justice Antonin Scalia: His Jurisprudence and His Impact on the Court
On February 13, 2016, Justice Antonin Scalia passed away unexpectedly at the age of 79, vacating a seat on the Supreme Court which he had held for nearly 30 years. Justice Scalia’s lengthy tenure on the Court, coupled with his strongly held views on how constitutional and statutory texts are to be interpreted, led him to have significant influence on the development of the jurisprudence of various areas of law. He was also an active speaker and author outside the Court, having, among other things, recently coauthored a book which sought to articulate interpretative canons that would, in...
Burma's Union Parliament Selects New President
This report discusses implications of the Union Parliament's selection of Htin Kyaw, childhood friend and close advisor to Aung San Suu Kyi, to serve as the nation's first President since 1962 who has not served in the military.
Tax Reform in the 114th Congress: An Overview of Proposals
Many agree that the U.S. tax system is in need of reform. Congress continues to explore ways to make the U.S. tax system simpler, fairer, and more efficient. Identifying and enacting policies that will result in a simpler, fairer, and more efficient tax system remains a challenge.
On December 10, 2014, the chairman of the House Committee on Ways and Means introduced a comprehensive tax reform proposal, the Tax Reform Act of 2014 (H.R. 1). The bill proposed substantial changes to both the individual and corporate income tax systems, reducing statutory tax rates for many taxpayers, while...
Access to Government Information in the United States: A Primer
No provision in the U.S. Constitution expressly establishes a procedure for public access to executive branch records or meetings. Congress, however, has legislated various public access laws. Among these laws are two records access statutes, the Freedom of Information Act (FOIA; 5 U.S.C. §552), and the Privacy Act (5 U.S.C. §552a), and two meetings access statutes, the Federal Advisory Committee Act (FACA; 5 U.S.C. App.), and the Government in the Sunshine Act (5 U.S.C. §552b). These four laws provide the foundation for access to executive branch information in the American federal...
Aliens’ Right to Counsel in Removal Proceedings: In Brief
The scope of aliens’ right to counsel in removal proceedings is a topic of recurring congressional and public interest. This topic is complicated, in part, because the term right to counsel can refer to either (1) the right to counsel of one’s own choice at one’s own expense, or (2) the right of indigent persons to counsel at the government’s expense. A right to counsel can also arise from multiple sources, including the Fifth and Sixth Amendments to the U.S. Constitution, the Immigration and Nationality Act (INA), other federal statutes, and federal regulations. Further, in some cases,...
DHS Appropriations FY2016: Departmental Management and Operations
This report is part of a suite of reports that discuss appropriations for the Department of Homeland Security (DHS) for FY2016. It specifically discusses appropriations for the components of DHS included in the first title of the homeland security appropriations bill—the Office of the Secretary and Executive Management, the Office of the Under Secretary for Management, the DHS headquarters consolidation project, the Office of the Chief Financial Officer, the Office of the Chief Information Officer, Analysis and Operations, and the Office of Inspector General for the department....
Former Presidents: Pensions, Office Allowances, and Other Federal Benefits
The Former Presidents Act (FPA; 3 U.S.C. §102 note) was enacted to “maintain the dignity” of the Office of the President. The act provides the former President—and his or her spouse—certain benefits to help him respond to post-presidency mail and speaking requests, among other informal public duties often required of a former President. Prior to enactment of the FPA in 1958, former Presidents leaving office received no pension or other federal assistance. The FPA charges the General Services Administration (GSA) with providing former U.S. Presidents a pension, support staff, office...
Nominations to the Supreme Court During Presidential Election Years (1900-Present)
This report provides data and analysis related to nominations made to the Supreme Court during presidential election years from 1900 to the present.
Nominations to the Supreme Court During Years of Divided and Unified Party Government
This report provides data and analysis related to nominations made to the Supreme Court during years of unified and divided party government.
Foreign Corrupt Practices Act (FCPA): Congressional Interest and Executive Enforcement, In Brief
The Foreign Corrupt Practices Act of 1977 (FCPA) was enacted principally to prevent corporate bribery of foreign officials. This act had three major parts: (1) it required the keeping by corporations of accurate books, records, and accounts; (2) it required issuers registered with the Securities and Exchange Commission to maintain a responsible internal accounting control system; and (3) it prohibited bribery by American corporations of foreign officials.
For a number of years after passage of the act, Congress debated amending it in response to numerous criticisms. On August 23, 1988, the...
Five Years of the Budget Control Act’s Disaster Relief Adjustment
Signed into law on August 2, 2011, the Budget Control Act (P.L. 112-25, or BCA) established a set of limits on federal spending, as well as a set of mechanisms to adjust those limits to accommodate special categories of spending that has special priority. One of these mechanisms—a limited allowable adjustment to pay for the congressionally designated costs of major disasters under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (hereinafter “the disaster relief allowable adjustment” or “allowable adjustment”)—represented a new approach to paying for disaster relief. By...
The March 2016 Nuclear Security Summit
This report discusses the Nuclear Security Summit (NSS), a biennial summit which aims to focus global attention at the highest level of government on the threat of nuclear terrorism.
U.S. Immigration Policy: Chart Book of Key Trends
This report is a chart book of selected immigration trends. Key immigration issues that Congress has considered in recent years include increased border security and immigration enforcement, expanded employment eligibility verification, reforms to the system for legal temporary and permanent immigration, and options to address the millions of unauthorized aliens residing in the country. The report offers snapshots of time series data, using the most complete and consistent time series currently available for each statistic. The key findings and elements germane to the data depicted are...
Wartime Detention Provisions in Recent Defense Authorization Legislation
In recent years, Congress has included provisions in annual defense authorization bills addressing issues related to detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, and, more broadly, the disposition of persons captured in the course of hostilities against Al Qaeda and associated forces. The National Defense Authorization Act for FY2012 (2012 NDAA; P.L. 112-81) arguably constituted the most significant legislation informing wartime detention policy since the 2001 Authorization for the Use of Military Force (AUMF; P.L. 107-40), which serves as the primary legal authority for...
Legal Issues with Federal Labeling of Genetically Engineered Food: In Brief
Genetically engineered (GE) foods, sometimes referred to as genetically modified foods (GMO foods), are foods that are derived from scientific methods used to introduce new traits or characteristics to an organism. The labeling of GE foods has been the subject of debate among members of the general public and federal and state governments since the introduction of GE foods to the food supply in the 1990s.
Federal law does not impose specific labeling requirements on a food just because it may or may not contain GE ingredients or was derived using GE techniques. The Food and Drug...
Poland and Its Relations with the United States
Over the past 25 years, the relationship between the United States and Poland has been close and cooperative. The United States strongly supported Poland’s accession to the North Atlantic Treaty Organization (NATO) in 1999 and backed its entry into the European Union (EU) in 2004. In recent years, Poland has made significant contributions to U.S.- and NATO-led military operations in Iraq and Afghanistan, and Poland and the United States continue working together on issues such as democracy promotion, counterterrorism, and improving NATO capabilities.
Given its role as a close U.S. ally...
Veterans’ Benefits: Burial Benefits and National Cemeteries
Burial benefits are nonmonetary and monetary benefits that eligible veterans receive for their military service. Servicemembers and veterans have been provided nonmonetary burial benefits since the Civil War and monetary burial benefits since World War I.
Eligible veterans and active duty members of the Armed Forces can be interred in national cemeteries and can receive government-furnished headstones or markers, and in their honor, next of kin can receive presidential memorial certificates and burial flags. Their spouses or surviving spouses, minor children, and, under certain conditions,...
Veterans’ Medical Care: FY2016 Appropriations
The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain eligibility criteria. Benefits to veterans range from disability compensation and pensions to hospital and medical care. The VA provides these benefits through three major operating units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), and the National Cemetery Administration (NCA). This report focuses on funding for the VHA.
The President submitted his FY2016 budget request to Congress on February 2, 2015. The President’s request for the VHA is approximately $60.6...
The Ryan White HIV/AIDS Program: Overview and Impact of the Affordable Care Act
The Ryan White HIV/AIDS Program makes federal funds available to eligible metropolitan areas, states, and local community-based organizations to assist with health care costs and support services for individuals and families affected by the human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS). The Ryan White HIV/AIDS Program reports that in 2014 it served 512,214 low-income people with HIV/AIDS in the United States, 25.4% of whom were uninsured and 64.2% of whom were living at or below 100% of the federal poverty level.
The Ryan White HIV/AIDS Program is...
Iraq’s sectarian and ethnic divisions—muted toward the end of the 2003-2011 U.S. military intervention in Iraq—are fueling a major challenge to Iraq’s stability and to U.S. policy in Iraq and the broader Middle East region. The resentment of Iraq’s Sunni Arabs toward the Shiite-dominated central government facilitated the capture in 2014 of nearly one-third of Iraqi territory by the Sunni Islamist extremist group called the Islamic State (IS, also known as ISIL, ISIS, or the Arabic acronym Da'esh). Iraq’s Kurds are separately embroiled in political, territorial, and economic disputes with...
Daylight Saving Time (DST) is a period of the year between spring and fall when clocks in the United States are set one hour ahead of standard time. DST is currently observed in the United States from 2:00 a.m. on the second Sunday in March until 2:00 a.m. on the first Sunday in November. The following states and territories do not observe DST: Arizona (except the Navajo Nation, which does observe DST), Hawaii, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands.
The Aliso Canyon Natural Gas Leak: State and Federal Response and Oversight
This report briefly discusses the large, uncontrollable natural gas leak in the Aliso Canyon Underground Storage Facility near the Porter Ranch community in Los Angeles County, California, which occurred between October 23, 2015, and February 11, 2016.
Country-of-Origin Labeling for Foods and the WTO Trade Dispute on Meat Labeling
Since the final rule to implement country-of-origin labeling (COOL) took effect in March 2009, most retail food stores have been required to inform consumers about the country of origin of fresh fruits and vegetables, fish, shellfish, peanuts, pecans, macadamia nuts, ginseng, and ground and muscle cuts of beef, pork, lamb, chicken, and goat. The rules were required by the 2002 farm bill (P.L. 107-171) as amended by the 2008 farm bill (P.L. 110-246). COOL for beef and pork resulted in a World Trade Organization (WTO) dispute settlement case with Canada and Mexico that started in 2009 and...
ESEA Title I-A Formulas: In Brief
The Elementary and Secondary Education Act (ESEA) was comprehensively reauthorized by the Every Student Succeeds Act (ESSA; P.L. 114-95) on December 10, 2015. The Title I-A program is the largest grant program authorized under the ESEA and is funded at $14.9 billion for FY2016. It is designed to provide supplementary educational and related services to low-achieving and other students attending pre-kindergarten through grade 12 schools with relatively high concentrations of students from low-income families. Under current law, the U.S. Department of Education (ED) determines Title I-A...
Clean Water Act Section 401: Background and Issues
Section 401 of the Clean Water Act (CWA) requires that an applicant for a federal license or permit provide a certification that any discharges from the facility will comply with the act, including state-established water quality standard requirements. Disputes have arisen over the states’ exercise of this authority in protecting water quality. For the most part, the debate over the Section 401 certification issue has been between states and hydropower interests. A 1994 Supreme Court decision, which upheld the states’ authority in this area, dismayed development and hydropower interest...
Section 202 and Other HUD Rental Housing Programs for Low-Income Elderly Residents
The population of persons age 65 and older in the United States is expected to grow both in numbers and as a percentage of the total population over the coming years, through 2030. In 2002, a bipartisan commission created by Congress issued a report, A Quiet Crisis in America, that detailed the need for affordable assisted housing and supportive services for elderly persons and the shortage the country will likely face as the population ages. The Department of Housing and Urban Development (HUD) operates a number of programs that provide assisted housing and supportive services for...
First-Term Members of the House of Representatives and Senate, 64th-114th Congresses
This report provides summary data on the number of Senators and Members of the House of Representatives who first entered Congress between the 64th Congress (1915-1917) and the 114th Congress (2015-2016). First-term membership is divided into two broad categories in each chamber: Members chosen prior to the convening of a Congress, and those chosen after a Congress convenes. The resulting data, combining pre-convening and post-convening first-term Members, provide a count of all Members who served a first term in the House or Senate.
Since the convening of the 64th Congress, 4,201...
Canadian Prime Minister Trudeau's State Visit, March 2016
This report briefly discusses Canadian Prime Minister Justin Trudeau's scheduled visit to the United States on March,10 2016. It will be the first state visit by a Canadian leader since 1997, when then-President Clinton hosted then-Prime Minister Jean Chrétien.
Section 811 and Other HUD Housing Programs for Persons with Disabilities
The ability of persons with disabilities to live independently in affordable, accessible housing became a prominent issue starting in 1999 as the result of a Supreme Court decision, Olmstead v. L.C. The court held that institutionalization of persons with mental disabilities in lieu of community-based care may constitute discrimination. Shortly after the Olmstead decision, on February 1, 2001, President George W. Bush announced the New Freedom Initiative, an effort through multiple federal agencies to ensure full participation in society of persons with disabilities. Part of the New...
On August 5, 2015, an accidental spill from the Gold King Mine, a long-abandoned gold mine site in Colorado, released an estimated three million gallons of acid mine drainage (AMD) wastewater into a tributary of the Animas River. The Colorado spill has raised interest in facilitating cleanup of legacy pollution at inactive and abandoned mine sites, especially hardrock mines such as Gold King, in order to prevent similar accidents. Several federal agencies have authority to clean up abandoned mines on public lands, but resources are limited, and most sites on private lands are not included....
Expedited Removal Authority for VA Senior Executives (38 U.S.C. § 713): Selected Legal Issues
This report discusses selected legal issues relating to the authority for summary removal of individuals in senior executive positions at the Department of Veterans Affairs. Section 707 of the Veterans Access, Choice, and Accountability Act, P.L. 113-146, enacted on August 7, 2014, created this authority by adding Section 713 to Title 38 of the United States Code. It authorizes the Secretary of Veterans Affairs to remove an individual in a senior executive position from federal service or transfer him or her to a position in the General Schedule if the Secretary determines that the...
Heroin Production in Mexico and U.S. Policy
This report discusses Mexico's role as an illicit drug suppler to the U.S, specifically focusing on Heroin production and trafficking.
Encryption: Selected Legal Issues
In 2014, three of the biggest technology companies in the United States—Apple, Google, and Facebook—began encrypting their devices and communication platforms by default. These security practices renewed fears among government officials that technology is thwarting law enforcement access to vital data, a phenomenon the government refers to as “going dark.” The government, speaking largely through Federal Bureau of Investigations (FBI) Director James Comey, has suggested that it does not want to ban encryption technology, but instead wants Silicon Valley companies to provide a technological...
U.S.-EU Cooperation Against Terrorism
The September 11, 2001, terrorist attacks on the United States and the subsequent revelation of Al Qaeda cells in Europe gave new momentum to European Union (EU) initiatives to combat terrorism and improve police, judicial, and intelligence cooperation among its member states. Other deadly incidents in Europe, such as the Madrid and London bombings in 2004 and 2005, respectively, injected further urgency into strengthening EU counterterrorism capabilities. Among other steps, the EU has established a common definition of terrorism and a common list of terrorist groups, an EU arrest warrant,...
Lead in Flint, Michigan's Drinking Water: Federal Regulatory Role
This report discusses the federal regulatory role in regards to drinking water, more specifically in the context of the Flint water crisis. EPA's current Flint responses include providing technical assistance for water testing and treatment, conducting water monitoring, and identifying lead service line locations.
Child Support: An Overview of Census Bureau Data on Recipients
The national Census Bureau data show that in 2013, 13.4 million parents had custody of children under the age of 21 while the other parent lived elsewhere, and the aggregate amount of child support received was $22.5 billion. In 2013, almost 83% of custodial parents were mothers. Of all custodial parents, 48% were white (non-Hispanic), 25% were black, 23% were Hispanic, 16% were married, 33% were divorced, 38% were never married, 13% did not have a high school diploma, almost 20% had at least a bachelor’s degree, 50% worked full-time year-round, 29% had family income below poverty, and...
Transatlantic Trade and Investment Partnership (T-TIP) Negotiations
The Transatlantic Trade and Investment Partnership (T-TIP) is a potential reciprocal free trade agreement (FTA) that the United States and the European Union (EU) are negotiating with each other. Formal negotiations commenced in July 2013. Both sides initially aimed to conclude the negotiations in two years, but more recently have updated their timeline and aim to conclude the T-TIP by the end of 2016. Twelve rounds of T-TIP negotiations have occurred to date.
The United States and EU seek to enhance market access and trade disciplines by addressing remaining transatlantic barriers to...
International Trade and Finance: Key Policy Issues for the 114th Congress, 2nd Session
The U.S. Constitution grants authority to Congress to regulate commerce with foreign nations. Congress exercises this authority in numerous ways, including through oversight of trade policy and consideration of legislation to approve trade agreements and authorize trade programs. Policy issues cover such areas as U.S. trade negotiations, U.S. trade and economic relations with specific regions and countries, international institutions focused on trade, tariff and nontariff barriers, worker dislocation due to trade liberalization, trade remedy laws, import and export policies, international...
Rural Water Supply and Sewer Systems: Background Information
The Safe Drinking Water Act and the Clean Water Act impose requirements regarding drinking water quality and wastewater treatment in rural as well as urban areas of the United States. Approximately 19% of the U.S. population lives in areas defined by the Census Bureau as rural. Many rural communities need to complete water and waste disposal projects to improve the public health and environmental conditions of their citizens. Small water infrastructure systems often have higher rates of noncompliance than larger systems. In addition, because small systems generally lack economies of scale,...
Nutrients in Agricultural Production: A Water Quality Overview
Nutrients are elements essential to plant and animal growth. In agricultural production, the focus generally rests on the three primary macronutrients––nitrogen (N), phosphorus (P), and potassium (K)—because of their relative abundance in plants. As crops grow and are harvested, they gradually remove the existing nutrients from the soil and over time will require additional nutrients to maintain or increase crop yield. When nutrients are added in excess of the plants’ ability to utilize them, there is an increased risk that the nutrients will enter the surrounding environment (water or...
Temporary Assistance for Needy Families and Related Programs: The President’s FY2017 Budget Proposal
On Monday, February 22, 2016, the Supreme Court heard oral arguments in Kingdomware Technologies, Inc. v. United States, a case that raises the question of whether the Department of Veterans Affairs (VA) is legally required to make certain purchases through a “set aside” for veteran-owned small businesses (VOSBs). A set-aside is a competition in which only eligible small businesses may generally participate.
Congress amended the Small Business Act in 1999 to establish goals for the percentage of federal contract dollars awarded to one type of VOSBs: service-disabled veteran-owned small...
Perspectives on Federal Cybersecurity Spending
The federal government invests significant resources in cybersecurity across every agency through a variety of activities. Although a methodologically rigorous total for these investments has not been calculated and may not be possible, an understanding of how the federal government applies resources to protect U.S. public and private sector data and networks from cyberattacks is necessary for Congress to provide constructive oversight of those efforts.
This report considers federal cybersecurity investments in three broad categories:
Agency spending to protect its own systems, networks,...
The Death of Justice Scalia: Procedural Issues Arising on an Eight-Member Supreme Court
On February 13, 2016, Justice Antonin Scalia unexpectedly passed away at the age of 79, vacating a seat on the Supreme Court that he had held for nearly 30 years. Supreme Court vacancies that arise in presidential election years rarely occur, and have in the past led to a seat on the Court staying open for extended periods of time. With suggestions that Justice Scalia’s successor may not be confirmed for several months, let alone before the fall election, a possibility exists that Justice Scalia’s seat on the High Court may remain open for an extended period of time, including throughout...
Daily Fantasy Sports: Industry Trends, Legal and Regulatory Issues, and Policy Options
Daily fantasy sports (DFS) companies, which operate online gaming platforms that allow players to assemble imaginary sports teams and compete in daily or weekly contests, function in a gray area of the law. The federal government does not license or regulate them. State governments have the main responsibility for regulating gaming activities that offer the prospect of monetary rewards, but a series of federal laws, most recently the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA; P.L. 109-347), may limit states’ ability to oversee DFS. The 2006 law, however, was enacted at a...
Local Food Systems: Selected Farm Bill and Other Federal Programs
Sales of locally produced foods comprise a small but growing part of U.S. agricultural sales. Estimates vary but indicate that local food sales total between $4 billion to $12 billion annually. The U.S. Department of Agriculture (USDA) estimates that local food sales totaled $6.1 billion in 2012, reflecting sales from nearly 164,000 farmers selling locally marketed foods. This represents 8% of U.S. farms, and an estimated 1.5% of the value of total U.S. agricultural production. Most (85%) of all local-food farms are smaller in size, with gross revenues under $75,000.
Local and regional...
Department of Veterans Affairs FY2016 Appropriations: In Brief
The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain eligibility criteria. Benefits range from disability compensation and pensions to hospital and medical care. The VA provides these benefits through three major operating units: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), and the National Cemetery Administration (NCA).
The President submitted his FY2016 budget request to Congress on February 2, 2015. The President requested $164.6 billion for VA. This amount includes $70.1 billion for VA discretionary programs...
An Examination of Federal Disaster Relief Under the Budget Control Act
On August 2, 2011, the President signed into law the Budget Control Act of 2011 (BCA, P.L. 112-25), which included a number of budget-controlling mechanisms. As part of the legislation, caps were placed on discretionary spending for the next ten years, beginning with FY2012. If these caps are exceeded, the BCA provides for an automatic rescission—known as sequestration—to take place across most discretionary budget accounts to reduce the effective level of spending to the level of the cap. Additionally, special accommodations were made in the BCA to address the unpredictable nature of...
Agriculture and Related Agencies: FY2016 Appropriations
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA), except for the Forest Service. It also funds the Food and Drug Administration (FDA) and—in even-numbered fiscal years—the Commodity Futures Trading Commission (CFTC).
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development since mandatory amounts generally are set by authorizing laws such as the farm bill.
The largest discretionary spending items are the Special Supplemental Nutrition Program for Women,...
FY2016 Agriculture and Related Agencies Appropriations: In Brief
The Agriculture appropriations bill funds the U.S. Department of Agriculture (USDA), except for the Forest Service. It also funds the Food and Drug Administration (FDA) and—in even-numbered fiscal years—the Commodity Futures Trading Commission (CFTC).
Agriculture appropriations include both mandatory and discretionary spending. Discretionary amounts, though, are the primary focus during the bill’s development since mandatory amounts generally are set by authorizing laws such as the farm bill.
The largest discretionary spending items are the Special Supplemental Nutrition Program for Women,...
An estimated 6.5 million individuals currently abuse prescription drugs in the United States. Unlike policy on street drugs, federal policy on prescription drug abuse is complicated by the need to maintain access to prescription controlled substances (PCS) for legitimate medical use. The federal government has several roles in reducing prescription drug abuse.
Coordination. The Office of National Drug Control Policy (ONDCP) coordinates and tracks prescription drug abuse reduction efforts and funding of multiple federal agencies.
Regulation. The primary federal statutes governing...
Health Care for Veterans: Suicide Prevention
This report focuses on suicide prevention activities of the Veterans Health Administration (VHA) within the Department of Veterans Affairs (VA). The VHA’s approach to suicide prevention is based on a public health framework, which has three major components: (1) surveillance, (2) risk and protective factors, and (3) interventions.
Surveillance, or systematic collection of data on completed (i.e., fatal) suicides, is essential to define the scope of the problem (i.e., the suicide rate among veterans), identify characteristics associated with higher or lower risk of suicide, and track...
Court-Ordered Access to Smart Phones: In Brief
The tension between the benefits and challenges of encryption has been an issue for law enforcement and policymakers since the 1990s, and was reinvigorated in 2014 when companies like Apple and Google implemented automatic enhanced encryption on mobile devices and certain communications systems. Companies using such strong encryption do not maintain “back door” keys and, therefore, now cannot easily unlock, or decrypt, the devices—not even when presented with a valid legal order. Law enforcement concerns about the lack of back door keys were highlighted by the November and December 2015...
The Budget Reconciliation Process: Timing of Legislative Action
The budget reconciliation process is an optional procedure under the Congressional Budget Act of 1974 that operates as an adjunct to the annual budget resolution process. The chief purpose of the reconciliation process is to enhance Congress’s ability to change current law in order to bring revenue and spending levels into conformity with the policies of the budget resolution. Accordingly, reconciliation may be the most potent budget enforcement tool available to Congress for a large portion of the budget.
Reconciliation is a two-stage process in which reconciliation instructions are...
The filibuster (extended debate) is the Senate’s most well-known procedure. Hollywood even highlighted its use in a famous 1939 movie entitled Mr. Smith Goes to Washington, starring actor Jimmy Stewart in the title role of Senator Jefferson Smith. Lengthy debate has many virtues (informing the public, for example) but the blocking potential of interminable debate has often made the filibuster a target for change by reform-minded Senators. Rule XXII requires 60 votes of Senators duly chosen and sworn to end debate on measures or motions—“except on a measure or motion to amend the Senate...
Crude Oil Exports and Related Provisions in P.L. 114-113: In Brief
On December 18, 2015, Congress passed the Consolidated Appropriations Act, 2016 (H.R. 2029), which was signed by the President and became P.L. 114-113. Included in P.L. 114-113 is a provision that repeals Section 103 of the Energy Policy and Conservation Act of 1975 (EPCA; P.L. 94-163), which directs the President to promulgate a rule prohibiting crude oil exports. For nearly four decades, repeal of EPCA was generally not a policy issue since oil production was declining and imports were rising. However, increasing U.S. light oil production starting in the 2010/2011 timeframe, projected...
Overview of Labor Enforcement Issues in Free Trade Agreements
Since 1993, the Administration has negotiated and Congress has approved 13 free trade agreements (FTAs) with labor provisions, and is considering additional FTAs. Based on similarity of language, these FTAs can be sorted into four groups, or “models,” which have evolved to contain successively greater levels of enforceability. This report first identifies the enforceable labor provisions in each model. Second, it identifies two types of labor enforcement issues: (1) those that relate to the FTA provisions themselves, including their definitions and their enforceability, and (2) those that...
Legal Issues Associated with FDA Standards of Identity: In Brief
Standards of identity for foods overseen by the Food and Drug Administration (FDA) generally define the composition of a food, prescribing both mandatory and optional ingredients and fixing the relative proportions of each ingredient. This report addresses the following legal issues associated with the promulgation and enforcement of standards of identity for foods.
Section 401 of the Federal Food, Drug, and Cosmetic Act (FFDCA) establishes the legal authority for the FDA to promulgate standards of identity for food. According to this statutory authority, a standard of identity for a...
The federal government levies an excise tax on various motor fuels. Under current law, the tax rate is 18.3 cents per gallon on gasoline and 24.3 cents per gallon on diesel fuel. A 0.1 cents per gallon tax is also levied on top of these fuel tax rates to help fund expenses associated with fuel regulation. These rates are not automatically adjusted for inflation. Specific tax rates also apply to special motor fuels. Under current law, federal motor fuels excise tax collections are credited to two federal spending accounts: the Highway Trust Fund (HTF) and the Leaking Underground Storage...
The Elementary and Secondary Education Act (ESEA) was initially enacted in 1965 (P.L. 89-10). Since then, there have been 13 major reauthorizations of the ESEA, with the most recent reauthorization occurring in 2015 with the Every Student Succeeds Act (ESSA, P.L. 114-95). This report provides information on the votes taken in the House and Senate in the committees of jurisdiction and on the House and Senate floors prior to and following conference proceedings for the ESEA of 1965 and subsequent major reauthorizations.
The report also provides vote information on comprehensive ESEA...
Encryption and Evolving Technology: Implications for U.S. Law Enforcement Investigations
Because modern-day criminals are constantly developing new tools and techniques to facilitate their illicit activities, law enforcement is challenged with leveraging its tools and authorities to keep pace. For instance, interconnectivity and technological innovation have not only fostered international business and communication, they have also helped criminals carry out their operations. At times, these same technological advances have presented unique hurdles for law enforcement and officials charged with combating malicious actors.
Technology as a barrier for law enforcement is by no...
The Role of Local and Regional Food Systems in U.S. Farm Policy
Sales of locally produced foods comprise a small but growing part of U.S. agricultural sales. Estimates vary but indicate that local food sales total between $4 billion and $12 billion annually. The U.S. Department of Agriculture (USDA) estimates that local food sales totaled $6.1 billion in 2012, reflecting sales from nearly 164,000 farmers selling locally marketed foods. This represents 8% of U.S. farms and an estimated 1.5% of the value of total U.S. agricultural production. Most (85%) of all local-food farms are smaller in size, with gross revenues under $75,000.
A wide range of farm...
Recovery Act Funding for DOE Carbon Capture and Sequestration (CCS) Projects
Federal policymakers have long been interested in the potential of carbon capture and sequestration (CCS) as a mitigation strategy for lowering global emissions of carbon dioxide (CO2). Congress has appropriated more than $7 billion since FY2008 to CCS activities at the U.S. Department of Energy (DOE). The Obama Administration has promulgated rules on CO2 emissions from fossil fuel-burning power plants and entered into a global agreement to limit CO2 emissions. Congress remains divided over those executive branch decisions. DOE, however, has continued to embrace CCS as part of the...
On December 4, 2015, President Barack Obama signed the Fixing America’s Surface Transportation Act (FAST Act; P.L. 114-94). The act authorized spending on federal highway and public transportation programs, surface transportation safety and research activities, and rail programs for five years, through September 30, 2020. The act’s authorization totaled roughly $305 billion for FY2016 through FY2020. This included $233 billion for highways and highway safety, $61 billion for public transportation, and more than $10 billion for Amtrak.
Most of the funding for surface transportation bills...
Federal Research and Development Funding: FY2016
President Obama’s budget request for FY2016 included $145.694 billion for research and development (R&D), an increase of $7.625 billion (5.5%) over the estimated FY2015 R&D funding level of $138.069 billion. The request represented the President’s R&D priorities.
Funding for R&D is concentrated in a few departments and agencies. Under President Obama’s FY2016 budget request, seven federal agencies would have received 95.6% of total federal R&D funding, with the Department of Defense (DOD, 49.5%) and the Department of Health and Human Services (HHS, 21.3%) accounting for more than 70% of...
Forest Service Appropriations: Five-Year Data and Trends and FY2017 Budget Request
The Forest Service (FS) is responsible for managing 193 million acres of the National Forest System, as well as for conducting forestry research and providing assistance to state, local, private, and international forest owners. Funding to complete such work is provided through both discretionary and mandatory appropriations.
For FY2016, the FS received $7.065 billion in discretionary and mandatory appropriations. This figure includes funding provided under a $700 million emergency supplemental appropriation for wildfire suppression activities from FY2015. The FY2016 discretionary...
President’s FY2017 Budget for the Centers for Medicare & Medicaid Services (CMS): CRS Experts
Federal law requires the President to submit an annual budget request to Congress no later than the first Monday in February. The budget informs Congress of the President’s overall federal fiscal policy based on proposed spending levels, revenues, and deficit (or surplus) levels. The budget request lays out the President’s relative priorities for federal programs, such as how much should be spent on defense, education, health, and other federal programs. The President’s budget also may include legislative proposals for spending and tax policy changes. Although the President is not required...
FY2016 Changes to DOD's 1033 Program
This report briefly discusses the current status of the Department of Defense's (DOD's) 1033 Program, under which excess DOD property -- such as personal computers, vehicles, and firearms -- are made available to qualified federal, state, local, and tribal law enforcement agencies.
Border Security Metrics Between Ports of Entry
Understanding the risks present at the U.S. borders and developing methods to measure border security are key challenges for the Department of Homeland Security (DHS) and the U.S. Border Patrol, the agency within DHS charged with securing the border between ports of entry. Metrics for border security are used at both the strategic level, by DHS, and at the operational level by Customs and Border Protection (Border Patrol). This report reviews DHS’s and the Border Patrol’s use of metrics in evaluating their objective to secure the border between ports of entry. DHS and the Border Patrol can...
This report briefly provides historical and statistical information related to the appointment of African Americans as U.S. circuit and district court judges. Such information addresses ongoing congressional interest in the demographic characteristics of lower federal court judges.
To promote energy diversity and improve energy security, Congress has expressed interest in biopower—electricity generated from biomass. Biopower, a baseload power source, can be produced from a large range of biomass feedstocks nationwide (e.g., urban, agricultural, and forestry wastes and residues). The two most common biopower processes are combustion (e.g., direct-fired or co-fired) and gasification, with the former being the most widely used. Proponents have stated that biopower has the potential to strengthen rural economies, enhance energy security, and minimize the environmental...
Biopower: Background and Federal Support
Biopower—a form of renewable energy—is the generation of electric power from biomass feedstocks. In 2014, Biopower comprised about 1.6% of total U.S. electricity generation and accounted for close to 12% of U.S. renewable electricity generation. Its advantages include a potential for baseload power production, greenhouse gas emission reduction, and use of renewable biomass feedstock, among other things. Its disadvantages include uncertain sustainable feedstock supply and infrastructure concerns, among other things.
Recent developments have prompted renewed interest in biopower. For...
Department of Health and Human Services: FY2017 Budget Request
This report provides information about the FY2017 budget request for the Department of Health and Human Services (HHS). It begins by reviewing the department’s mission and structure. This is followed by an overview of the total FY2017 request for the department. Next, the report discusses the concept of the HHS budget as a whole, compared to funding provided to HHS through the annual appropriations process. This distinction is important because certain amounts shown in FY2017 HHS budget materials (including amounts for prior years) will not match amounts provided to HHS by annual...
Department of Housing and Urban Development: FY2016 Appropriations
Most of the funding for the activities of the Department of Housing and Urban Development (HUD) comes from discretionary appropriations provided each year in the annual appropriations acts, typically as a part of the Transportation, HUD, and Related Agencies appropriations bill (THUD). HUD’s programs are primarily designed to address housing problems faced by households with very low incomes or other special housing needs.
Following enactment of a series of continuing resolutions, on December 18, 2015, President Obama signed the FY2016 Consolidated Appropriations Act into law (P.L....
FY2017 Defense Budget Request: In Brief
The Administration’s FY2017 budget request includes $619.5 billion for national defense of which $590.6 billion is for the Department of Defense (DOD). Of the DOD total, $523.9 billion covers the base budget, discretionary spending subject to the spending caps established for FY2017 by the Balanced Budget Act (BBA) of 2015. An additional $58.8 billion of the DOD total is to support Overseas Contingency Operations (OCO). OCO funding supports the continued U.S. military presence in Afghanistan and assistance to Iraqi and Syrian opposition forces. The OCO request also includes $3.4 billion to...
Federal Grant Financial Reporting Requirements and Databases: Frequently Asked Questions
Congress and federal agencies frequently undertake initiatives to conduct oversight of federal grant programs and expenditures. The ability to oversee is influenced by the existing reporting requirements placed on recipients of federal grant funds. Limitations in accessing information contained in federal databases used to collect grant data also influence the level of transparency into the use of federal grant funds. Congress has also debated the reporting burden placed on federal grant recipients and how to balance grant recipient capacity with the desire for transparency into the use of...
SAMHSA FY2017 Budget Request and Funding History: A Fact Sheet
The Substance Abuse and Mental Health Services Administration (SAMHSA), at the U.S. Department of Health and Human Services (HHS), is the lead federal agency for increasing access to behavioral health services. SAMHSA supports community-based mental health and substance abuse treatment and prevention services through formula grants to the states and U.S. territories and through competitive grant programs to states, territories, tribal organizations, local communities, and private entities. SAMHSA also engages in a range of other activities, such as technical assistance, data collection,...
The Shutdown of the Joint North/South Korean Kaesong Industrial Complex
This report briefly discusses the South Korean government's decision to shut down the Kaesong Industrial Complex (KIC), which is an 11-year-old industrial park located in North Korea just across the demilitarized zone where more than 120 South Korean manufacturers employed over 50,000 North Korean workers.
FY2016 Appropriations for the Census Bureau and Bureau of Economic Analysis
This report discusses FY2016 appropriations (discretionary budget authority) for the Bureau of Economic Analysis (BEA) and Bureau of the Census (Census Bureau), which make up the Economics and Statistics Administration (ESA) in the U.S. Department of Commerce. The report will not be updated.
The FY2016 budget request for ESA (except the Census Bureau) was $113.8 million, $13.8 million (13.8%) over the $100.0 million FY2015-enacted funding level. Of the $113.8 million, the $110.0 million requested for BEA was $13.7 million (14.2%) above the $96.3 million FY2015-enacted amount; the $3.9...
Brazil: Background and U.S. Relations
The United States traditionally has enjoyed robust economic and political relations with Brazil, which is the fifth most populous country and ninth-largest economy in the world. Brazil is recognized by the Obama Administration as a “major global player” and an “indispensable partner” on issues ranging from international development to climate change. Administration officials have often highlighted Brazil’s status as a multicultural democracy, referring to the country as a natural partner that shares values and goals with the United States. Bilateral ties have been strained from time to...
An Overview of USDA Rural Development Programs
More than 88 programs administered by 16 different federal agencies target rural economic development. The United States Department of Agriculture (USDA) administers the greatest number of rural development programs and has the highest average of program funds going directly to rural counties (approximately 50%). The Rural Development Policy Act of 1980 also designated USDA as the lead federal agency for rural development. The Federal Crop Insurance Reform and Department of Agricultural Reorganization Act of 1994 created the Office of the Under Secretary for Rural Development and...
DOE’s Office of Energy Efficiency and Renewable Energy: FY2016 Appropriations
Since 2005, the Energy and Water Development (E&W) appropriations bill has funded all Department of Energy (DOE) programs, including those operated by the Office of Energy Efficiency and Renewable Energy (EERE). That office conducts two types of programs: research and development (R&D), usually conducted in partnership with private sector firms, and grant funds that are distributed to state governments. EERE administers a wide range of R&D programs, each with its own set of goals and objectives.
President Obama has declared energy efficiency and renewable energy to be a high priority,...
Private Health Insurance Market Reforms in the Patient Protection and Affordable Care Act (ACA)
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) establishes federal requirements that apply to private health insurance. Its market reforms affect insurance offered to groups and individuals and impose requirements on sponsors of coverage (e.g., employers). In general, all of the ACA’s market reforms are currently effective; some became effective shortly after the ACA was passed in 2010, and others became effective for plan years beginning in 2014.
Although some of the market reforms had previously been enacted in some states, many of the reforms are new at...
Aung San Suu Kyi's Party Takes Control of Parliament in Burma
This report discusses politics and government in Burma following elections in November 2015. Aung San Suu Kyi's National League for Democracy (NLD) has now assumed control of Burma's Union Parliament. The lower chamber (People's Assembly) and the upper chamber (National Assembly) took office on February 1 and 3, 2016, respectively.
The President’s Budget: Overview of Structure and Timing of Submission to Congress
The Budget and Accounting Act of 1921, as amended and later codified in the U.S. Code, requires the President to submit a consolidated federal budget to Congress toward the beginning of each regular session of Congress. Under 31 U.S.C. §1105(a), the President must submit the budget—which contains budgetary proposals, projections, and other required reports—to Congress on or after the first Monday in January, but no later than the first Monday in February.
The President’s budget, or the Budget of the United States Government as it is referred to in statute, is required to include in part...
The Child Tax Credit: Economic Analysis and Policy Options
The child tax credit is currently structured as a $1,000-per-child credit that is partially refundable for lower-income families with more than $3,000 in earnings. Prior to 2001, the child tax credit was a $500-per-child nonrefundable tax credit which generally benefited middle- and upper-middle-income taxpayers.
Since 2001, legislative changes, particularly those made by the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA; P.L. 107-16) and the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5), have altered the structure of this tax benefit. Specifically,...
The Trans-Pacific Partnership (TPP): In Brief
The Trans-Pacific Partnership (TPP) is a proposed free trade agreement (FTA) among 12 Asia-Pacific countries, with both economic and strategic significance for the United States. If approved, it would be the largest FTA in which the United States participates. The 12 countries announced the conclusion of the TPP negotiations and released the text of the agreement in late 2015, after several years of ongoing talks. Trade ministers from the TPP countries signed the final agreement on February 4, 2016, but Congress would need to pass implementing legislation for the agreement to enter into...
This report briefly examines renewed tensions between tech companies and the government regarding encryption "back doors" and how quickly-advancing technologies could impact law enforcement investigations.
Department of Housing and Urban Development (HUD): FY2017 Budget Request Overview and Resources
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FY2016 Appropriations for the Department of Justice (DOJ)
The mission of the Department of Justice (DOJ) is to “enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.” DOJ carries out its mission through the activities of agencies and bureaus such as the Federal Bureau of Investigation; the Drug Enforcement Administration; the U.S. Marshals Service; the...
Patent Litigation Reform Legislation in the 114th Congress
This report describes how current patent litigation reform legislation would change existing patent law to address the perceived problems caused by entities that engage in patent litigation tactics that have been criticized as abusive or deceptive. The bills introduced in the 114th Congress include the Innovation Act (H.R. 9), Protecting American Talent and Entrepreneurship Act (PATENT) Act (S. 1137), Demand Letter Transparency Act of 2015 (H.R. 1896), Targeting Rogue and Opaque Letters (TROL) Act (H.R. 2045), and the Support Technology and Research for Our Nation’s Growth (STRONG) Patents...
Senate Committee Rules in the 114th Congress: Key Provisions
Senate Rule XXVI establishes specific requirements for certain Senate committee procedures. In addition, each Senate committee is required to adopt rules to govern its own proceedings. These rules may “not be inconsistent with the Rules of the Senate.” Senate committees may also operate according to additional established practices that are not necessarily reflected in their adopted rules but are not specifically addressed by Senate rules. In sum, Senate committees are allowed some latitude to establish tailored procedures to govern certain activities, which can result in significant...
Is Broadband Deployment Reasonable and Timely?
This report briefly discusses the state of broadband Internet in America as determined by the Federal Communications Commission (FCC) in its latest Broadband Progress Report.
National Commission on the Future of the Army (NCFA): Background and Issues for Congress
Title XVII of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (P.L. 113-291) established the National Commission on the Future of the Army (NCFA) to conduct a comprehensive study of the structure of the Army. The NCFA reported its findings to Congress and the Administration on January 28, 2016, and made a number of recommendations that may or may not be acted upon.
Some have suggested the historical post-war practice of reducing defense budgets contributed to the perceived need for a commission to address proposed changes to the Army. The...
The Trans-Pacific Partnership (TPP): Strategic Implications
On February 4, 2016, Ministers of the 12 countries participating in the Trans Pacific Partnership (TPP) negotiations signed the proposed free trade agreement (FTA). TPP is one of the Obama Administration’s signature trade policy initiatives, an effort to reduce and eliminate trade and investment barriers and establish new rules and disciplines to govern trade and investment among the 12 countries. TPP proponents, including Administration officials, argue that the proposed TPP would have substantial strategic benefits for the United States in addition to its direct economic impact. They...
Zika Virus: Basics About the Disease
In late 2015, health officials in Brazil recognized a marked increase in the number of infants born with microcephaly (from Greek, meaning “small head”), a birth defect that may accompany significant, permanent brain damage. Although not conclusive, the increase in microcephaly is suspected to be related to the emergence of Zika virus infections in Brazil early in 2015.
Zika virus is related to the viruses that cause yellow fever, dengue, West Nile, and Japanese encephalitis viruses. Historically Zika virus was found in Africa. Since 2007, Zika transmission has also occurred in Southeast...
Federal Employees Health Benefits (FEHB) Program: An Overview
The Federal Employees Health Benefits (FEHB) Program provides health insurance to federal employees, retirees, and their dependents. This report provides a general overview of FEHB. It describes the structure of FEHB, including eligibility for the program and coverage options available to enrollees, as well as premiums, benefits and cost sharing, and general financing of FEHB. The report also describes the role of the Office of Personnel Management (OPM) in administering the program.
Eligible individuals include federal employees, retirees, and their family members. As of calendar year...
Military Maternity and Parental Leave Policies
This report briefly discusses the U.S. Department of Defense's (DOD) new policies for maternity and parental leave as part of the department's "Force of the Future" initiative.
Regulation of Power Plant Wastewater Discharges: Summary of the EPA Final Rule
To implement the Clean Water Act (CWA), the Environmental Protection Agency (EPA) issues effluent limitation guidelines (ELG), or technology-based standards, for categories of industrial dischargers. These standards are implemented through permits issued by states or EPA to individual facilities. In November 2015, EPA promulgated revised effluent limitations for the steam electric power industry to replace rules that were issued in 1982. The new rule was effective on January 4, 2016.
Two factors have altered existing wastestreams or created new wastestreams from many power plants since...
Post-Committee Adjustment in the Modern House: The Use of Rules Committee Prints
Floor proceedings in the U.S. House of Representatives often begin on the basis of legislation reported from committee. In some instances, adjustments to committee recommendations are made and a new legislative text is presented for chamber consideration. These “post-committee adjustments” are not new to the House, but the frequency of their use and the mechanics of executing them have changed in recent years. It is now common for legislative adjustments to be reflected in a “Rules Committee print” that is established as the base text at the outset of floor consideration (in lieu of a...
Highways and Highway Safety on Indian Lands
Cars and trucks are the primary means of transportation on Indian lands, mostly rural areas that cover about 56 million acres. There are about 145,000 miles of roads, owned variously by tribal, federal, state, and local governments, which provide access to and within these areas. Although comprehensive data are not available, roads on Indian lands are typically rudimentary and in poor condition.
A large share of federal funding for highways on Indian lands is provided through the Tribal Transportation Program (TTP), which is jointly administered by the Federal Highway Administration (FHWA)...
Justice and Mental Health Collaboration Program: Fact Sheet
Mental health courts are intended to help address the large number of people in the criminal justice systems with mental illness. The federal government provides funding to support mental health courts across the country through the Justice and Mental Health Collaboration program. The purpose of the program is to increase public safety by facilitating collaboration among the criminal justice, juvenile justice, mental health treatment, and substance abuse systems to increase access to treatment for offenders with mental illness. Authorized funding for this program expired at the end of FY2014.
The Fair Housing Act (FHA): A Legal Overview
The Fair Housing Act (FHA) was enacted “to provide, within constitutional limitations, for fair housing throughout the United States.” The original 1968 act prohibited discrimination on the basis of “race, color, religion, or national origin” in the sale or rental of housing, the financing of housing, or the provision of brokerage services. In 1974, the act was amended to add sex discrimination to the list of prohibited activities. The last major change to the act occurred in 1988 when it was amended to prohibit discrimination on the additional grounds of physical and mental handicap, as...
Dietary Guidelines for Americans: Frequently Asked Questions
The Dietary Guidelines for Americans (DGA) is a policy document that provides federally developed, nutrition-based recommendations for Americans two years of age and older. The guidelines are statutorily mandated under the 1990 National Nutrition Monitoring and Related Research Act (P.L. 101-445), which requires the Departments of Health and Human Services (HHS) and Agriculture (USDA) to jointly publish the DGA policy document at least once every five years.
The DGA forms the basis for all federal nutrition policies, including the National School Lunch Program and the Special Supplemental...
Overview of FY2016 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)
This report tracks and describes actions taken by the Administration and Congress to provide FY2016 appropriations for the Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of FY2015 appropriations for agencies and bureaus funded as part of the annual appropriation for CJS.
The Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-235) provided a total of $61.753 billion for the agencies and bureaus funded by the annual CJS appropriations act, including $8.467 billion for the Department of Commerce, $27.030 billion for the...
Provisions of the Senate Amendment to H.R. 3762
The FY2016 budget resolution (S.Con.Res. 11) established the congressional budget for the government for FY2016 and set forth budgetary levels for FY2017-FY2025. It also included reconciliation instructions for House and Senate committees to submit changes in laws to reduce the federal deficit to their respective budget committees.
Specifically, S.Con.Res. 11 instructed three committees of the House and two committees of the Senate to submit changes in laws within each committee’s jurisdiction to reduce the deficit by not less than $1 billion for the period FY2016-FY2025. Additionally,...
Legislative Branch: FY2016 Appropriations
The legislative branch appropriations bill provides funding for the Senate; House of Representatives; Joint Items; Capitol Police; Office of Compliance; Congressional Budget Office (CBO); Architect of the Capitol (AOC); Library of Congress (LOC), including the Congressional Research Service (CRS); Government Publishing Office (GPO); Government Accountability Office (GAO); the Open World Leadership Center; and the John C. Stennis Center.
The legislative branch FY2016 budget request of $4.528 billion was submitted on February 2, 2015. By law, the President includes the legislative branch...
Overview of Major Federal Securities Laws: In Brief
This report discusses in a very general way the major federal securities laws. The major federal securities laws may be grouped into two categories according to the time of their passage: the acts passed in the wake of the stock market crash of 1929 and the acts passed later in the 20th century and early in the 21st century. The acts in the first group include the most important of the federal securities acts: the Securities Act of 1933, which concerns the initial registration of securities, and the Securities Exchange Act of 1934, which requires ongoing disclosure reports. The acts in the...
Apprenticeship in the United States: Frequently Asked Questions
Apprenticeship is a job training strategy that combines on-the-job training with related instruction, typically provided in a classroom setting. This report answers frequently asked questions about apprenticeship and the federal activities that support this training approach.
This Frequently Asked Questions (FAQ) report focuses on the Registered Apprenticeship system, through which the U.S. Department of Labor (or a recognized state apprenticeship agency) certifies a program as meeting federal requirements related to duration, intensity, and benefit to the apprentice. Historically, the...
The Good Cause Exception to Notice and Comment Rulemaking: Judicial Review of Agency Action
While the Administrative Procedure Act (APA) generally requires agencies to follow certain procedures when promulgating rules, the statute’s “good cause” exception permits agencies to forgo Section 553’s notice and comment requirement if “the agency for good cause finds” that compliance would be “impracticable, unnecessary, or contrary to the public interest” and bypass its 30-day publication requirement if good cause exists. Federal courts reviewing this agency practice have varied in their analysis, resulting in confusion as to precisely what constitutes “good cause.” In addition, some...
The Temporary Assistance for Needy Families (TANF) block grant provides states, territories, and Indian tribes with federal grants for benefits and services intended to ameliorate the effects, and address the root causes, of child poverty. It was created in the 1996 welfare reform law, and is most associated with policies such as time limits and work requirements that sought to address concerns about “welfare dependency” of single mothers who received cash assistance. This report examines the characteristics of the TANF cash assistance caseload in FY2013, and compares it with selected...
Edward Byrne Memorial Justice Assistance Grant (JAG) Program: In Brief
The Edward Byrne Memorial Justice Assistance Grant (JAG) program was created by the Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162), which collapsed both the Edward Byrne Memorial Formula (Byrne Formula) Grant and the Local Law Enforcement Block Grant (LLEBG) into a single program. This report provides a brief overview of JAG and its funding.
JAG funds are awarded to state and local governments based on a statutorily defined formula. Each state’s allocation is based on its proportion of the country’s population and the state’s proportion of the...
Set-Asides for Small Businesses: Legal Requirements and Issues
It has long been the “declared policy of the Congress” that a “fair proportion” of federal contracts be awarded to small businesses. In support of this policy, Congress has enacted various statutes authorizing procuring agencies to conduct competitions in which only small businesses may compete, or to make noncompetitive (“sole-source”) awards to such firms in circumstances when similar awards could not be made to other firms.
Federal agencies can award contracts to small businesses by several different methods, depending upon the value of the contract and the number of small businesses...
Conflict and History at Malheur National Wildlife Refuge
This report briefly discusses the conflict at the Malheur National Wildlife Refuge (MNWR) in January of 2016.
Senate Legislative Procedures: Published Sources of Information
The Senate publishes its rules, precedents, and other related information so that Senators and their staff have convenient access to the Senate’s legislative procedures and can gauge how those procedures are likely to apply in various situations. Information about the Senate’s legislative procedures is published in four official documents.
The federal Pell Grant program, authorized by Title IV of the Higher Education Act of 1965, as amended (HEA; P.L. 89-329), is the single largest source of federal grant aid supporting postsecondary education students. The program provided approximately $31 billion to approximately 8.2 million undergraduate students in FY2015. For FY2015, the total maximum Pell Grant was funded at $5,775. The program is funded primarily through annual discretionary appropriations, although in recent years mandatory appropriations have played a smaller yet increasing role in the program. The statutory...
Benefit Reductions in the Central States Multiemployer DB Pension Plan: Frequently Asked Questions
Under the Multiemployer Pension Reform Act (MPRA), enacted as Division O in the Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-235) on December 16, 2014, certain multiemployer defined benefit (DB) pension plans that are projected to become insolvent and therefore have insufficient funds from which to pay benefits may apply to the U.S. Department of the Treasury to reduce participants’ benefits. The benefit reductions can apply to both retirees who are currently receiving benefits from a plan and current workers who have earned the right to future benefits.
On...
Body Armor for Law Enforcement Officers: In Brief
Firearms are one of the leading causes of deaths for law enforcement officers feloniously killed in the line of duty. Since FY1999, Congress has provided funding to state and local law enforcement agencies to help them purchase armor vests for their officers. The Matching Grant Program for Law Enforcement Armor Vests (hereinafter, “BPV program”) provides grants to state, local, and tribal governments to purchase armor vests for use by law enforcement officers and court officers. The BPV program was first authorized by the Bulletproof Vest Partnership Grant Act of 1998 (P.L. 105-181). It...
FY2016 Extension of the Higher Education Act: An Overview
The Higher Education Act of 1965, as amended (HEA; P.L. 89-329), authorizes the operation of numerous federal aid programs that provide support both to individuals pursuing a postsecondary education and to institutions of higher education (IHEs). It also authorizes certain activities and functions. The HEA was first enacted in 1965. It has since been amended and extended numerous times, and it has been comprehensively reauthorized eight times. The most recent comprehensive reauthorization occurred in 2008 under the Higher Education Opportunity Act (HEOA; P.L. 110-315), which authorized...
Energy and Water Development: FY2016 Appropriations
The Energy and Water Development appropriations bill provides funding for Army Corps of Engineers (Corps) civil works projects, the Department of the Interior’s Bureau of Reclamation (Reclamation), and the Department of Energy (DOE), as well as the Nuclear Regulatory Commission (NRC) and several other independent agencies. DOE typically accounts for about 80% of the bill’s total funding.
President Obama’s FY2016 budget request was released February 2, 2015. Including adjustments, the request for Energy and Water Development agencies totaled $36.04 billion, compared with a total of $34.78...
Unaccompanied Alien Children—Legal Issues: Answers to Frequently Asked Questions
The beginning of FY2016 has seen an uptick in the number of alien minors apprehended at the U.S. border without a parent or legal guardian in comparison to the same time period in the prior year. This increase has prompted renewed questions regarding so-called unaccompanied alien children (UACs), many of which were previously raised in FY2013-FY2014, when a significant number of UACs were apprehended along the southern U.S. border.
Some of these questions pertain to the numbers of children involved, their reasons for coming to the United States, and current and potential responses of the...
This report, in light of continued Senate interest in the judicial confirmation process during a President’s final year in office, provides statistics related to Senate action on U.S. circuit and district court nominations during the eighth year of the George W. Bush, Clinton, and Reagan presidencies. The eighth year of a presidency is significant, in part, because it is the final opportunity for a President to appoint individuals as U.S. circuit and district court judges. Such judges have what effectively has come to mean life tenure, holding office “during good Behaviour.”
For the...
The Servicemembers Civil Relief Act (SCRA): An Explanation
Recognizing the special burdens that members of the military may encounter trying to meet their financial obligations while serving their country, Congress passed the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) in 1940. The law was amended from time to time, ordinarily in response to military operations that required the activation of the Reserves. P.L. 108-189, the Servicemembers Civil Relief Act (SCRA), was enacted on December 19, 2003, as a modernization and restatement of the protections contained in the SSCRA. Much like with the SSCRA, the SCRA has been amended since its initial...
Unmanned aircraft systems (UAS), often referred to as “drones,” have become commonplace over the past few years. As UAS technology develops rapidly, the United States faces significant challenges in balancing safety requirements, privacy concerns, and economic interests.
The FAA Modernization and Reform Act of 2012 (FMRA; P.L. 112-95) required the Federal Aviation Administration (FAA) to develop and implement a comprehensive plan to integrate unmanned aircraft into the national airspace and issue regulations governing the operation of small unmanned aircraft used for commercial purposes....
Methods of Estimating the Total Cost of Federal Regulations
Federal agencies issue thousands of regulations each year under delegated authority from Congress. Over the past 70 years, Congress and various Presidents have created a set of procedures agencies must follow to issue these regulations, some of which contain requirements for the calculation and consideration of costs, benefits, and other economic effects of regulations. In recent years, many Members of Congress have expressed an interest in various regulatory reform efforts that would change the current set of rulemaking requirements, including requirements to estimate costs and benefits...
Iran-U.S. Air Service Not Imminent
This report discusses the prospect of air travel between Iran and the U.S., which last operated during 1979, when the U.S. government imposed an embargo on flights following the Iran hostage crisis. Since then, travel and air cargo shipments between the two countries have been routed through third countries, and their extent has been limited by U.S. sanctions.
An Analysis of Portfolio Lending and Qualified Mortgages
Title XIV of the Dodd-Frank Act established the ability-to-repay (ATR) requirement. Under the ATR requirement, a lender must determine based on documented and verified information that, at the time a mortgage is made, the borrower has the ability to repay the loan. Lenders that fail to comply with the ATR rule could be subject to legal liability, such as the payment of certain statutory damages.
A lender can comply with the ATR requirement in different ways, one of which is by originating a Qualified Mortgage (QM). When a lender originates a QM, it is presumed to have complied with the ATR...
Comparing DHS Appropriations by Component, FY2016: Fact Sheet
Generally, the homeland security appropriations bill includes all annual appropriations for the Department of Homeland Security (DHS), providing resources to every departmental component. Table 1 and Figure 1 show DHS’s new discretionary budget authority enacted for FY2015 and requested by the Administration for FY2016, as well as the House and Senate committee-reported responses, broken down by component—from largest to smallest appropriations request.
(TO BE SUPPRESSED) Department of Homeland Security DHS budget Appropriations FY2016, FY2015 funding analysis
Trends in the Timing and Size of DHS Appropriations: In Brief
(TO BE SUPPRESSED) Department of Homeland Security DHS budget Appropriations FY2016, FY2015 funding analysis
Recently Expired Community Assistance-Related Tax Provisions (“Tax Extenders”): In Brief
The Protecting Americans from Tax Hikes Act Of 2015 (PATH Act; P.L. 114-113), signed by President Obama on December 18, 2015, permanently authorized many tax extenders and temporarily extended others. Four community assistance tax extenders were among the provisions temporarily extended by the law.
This report briefly summarizes and discusses the economic impact of the four community assistance-related tax provisions, which are (1) the New Markets Tax Credit, (2) Empowerment Zone Tax Incentives, (3) allocation of bond limitations for Qualified Zone Academy Bonds, and (4) the American...
Interior, Environment, and Related Agencies: FY2016 Appropriations
The Interior, Environment, and Related Agencies appropriations bill includes funding for most of the Department of the Interior (DOI) and for agencies within other departments—including the Forest Service within the Department of Agriculture and the Indian Health Service within the Department of Health and Human Services. It also provides funding for the Environmental Protection Agency (EPA), arts and cultural agencies, and numerous other entities.
The Consolidated Appropriations Act, 2016 (P.L. 114-113), provided $32.23 billion for FY2016 for Interior, Environment, and Related Agencies....
The U.S. Military Presence in Okinawa and the Futenma Base Controversy
Although the U.S.-Japan alliance is often labeled as “the cornerstone” of security in the Asia Pacific region, local concerns about the U.S. military presence on the Japanese island of Okinawa have challenged the management of the alliance for decades. The Japanese archipelago serves as the most significant forward-operating platform for the U.S. military in the region; approximately 53,000 military personnel (39,000 onshore and 14,000 afloat in nearby waters), 43,000 dependents, and 5,000 Department of Defense civilian employees live in Japan. With the United States rebalancing its...
Budget Reconciliation Process: Timing of Committee Responses to Reconciliation Directives
When reconciliation directives (also referred to as reconciliation instructions) are included in an annual budget resolution, their purpose is to require committees to develop and report reconciliation legislation that will achieve the budgetary goals set forth in the annual budget resolution. The reconciliation directives included in the budget resolution specify several things, including the committee instructed to report reconciliation legislation, the level of budgetary changes the committee should report, and the date by which the committee should report.
Although reconciliation...
The Glass-Steagall Act: A Legal and Policy Analysis
The phrase “Glass-Steagall” generally refers to the separation of commercial banking from investment banking. Congress effected a separation of commercial and investment banking through four sections of the Banking Act of 1933—Sections 16, 20, 21, and 32. These four statutory provisions are commonly referred to as the Glass-Steagall Act.
Key Takeaways of This Report
The Glass-Steagall debate is not centered on prohibiting risky financial services; rather, the debate is about whether to permit inherently risky commercial and investment banking activities to be conducted within a single...
GAO Bid Protests: An Overview of Time Frames and Procedures
For purposes of federal law, a bid protest involves a written objection to the conduct of government agencies in acquiring supplies and services for their direct use or benefit. Such conduct can include (1) soliciting or otherwise requesting offers; (2) cancelling such solicitations or requests; (3) awarding or proposing to award a contract; (4) terminating or cancelling a contract due to improprieties involving its award; or (5) converting functions performed by government employees to private sector performance. Bid protests are of perennial interest to Congress, in part, because of the...
The Social Security Disability Insurance (DI) Trust Fund: Background and Current Status
Social Security Disability Insurance (SSDI) provides benefits to nonelderly workers and their eligible dependents if the worker paid Social Security taxes for a certain number of years and is unable to perform substantial work due to a qualifying impairment. As in Old-Age and Survivors Insurance (OASI)—the retirement component of Social Security—benefits are based on a worker’s past earnings in covered employment. In December 2014, SSDI provided disability insurance coverage to more than 151 million people and paid benefits to about 9 million disabled workers and 2 million of their spouses...
The Fight Against Al Shabaab in Somalia in 2016
This report discusses current efforts to counter Al Shabaab, a Somalia-based Al Qaeda affiliate.
Treasury Department Appropriations, FY2016
At its most basic level of organization, the Treasury Department is a collection of departmental offices and operating bureaus. The bureaus as a whole account for 95% of Treasury’s budget and workforce. Most bureaus and offices are funded through annual appropriations.
Treasury appropriations were distributed among 10 accounts in FY2015: (1) Departmental Offices (DO), (2) Departmentwide Systems and Capital Investments Program (DSCIP), (3) Office of Inspector General (OIG), (4) Treasury Inspector General for Tax Administration (TIGTA), (5) Special Inspector General for the Troubled Asset...
Recently Expired Charitable Tax Provisions (“Tax Extenders”): In Brief
The Protecting Americans from Tax Hikes Act of 2015, enacted as Division Q in the Consolidated Appropriations Act, 2016 (P.L. 114-113), made permanent several temporary charitable tax provisions. Previously, these charitable tax provisions had been a part of the “tax extenders.” Most recently before P.L. 114-113, “tax extenders” were extended in The Tax Increase Prevention Act of 2014 (P.L. 113-295). Under P.L. 113-295, provisions that had expired at the end of 2013 were extended, for one year, through 2014. This report briefly summarizes the temporary charitable tax provisions that were...
North Korea: A Comparison of S. 1747, S. 2144, and H.R. 757
This report compares S. 1747, the North Korea Sanctions Enforcement Act of 2015, as introduced in the Senate by Senator Menendez on July 9, 2015; S. 2144, the North Korea Sanctions and Policy Enhancement Act of 2015, introduced in the Senate by Senator Gardner on October 6, 2015; and H.R. 757, the North Korea Sanctions Enforcement Act of 2015, introduced in the House by Representative Royce on February 5, 2015, and passed, as amended by the Committee on Foreign Affairs, by the House on January 12, 2016, by a vote of 418-2.
The Federal Perkins Loan Program Extension Act of 2015: In Brief
Prior to December 18, 2015, the Federal Perkins Loan program authorized the allocation of federal funds to institutions of higher education to assist them in capitalizing revolving loan funds for the purpose of making low-interest loans to students with exceptional financial need.
The authorization of appropriations for federal capital contributions to institutions’ revolving loan funds and the authority to make Perkins Loans to new students expired on September 30, 2015. For approximately two and one-half months thereafter, the operation of the Perkins Loan program was curtailed and...
FY2016 Appropriations: Selected Federal Food Safety Agencies
The Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the House and Senate Appropriations Committees oversee the budgets of two principal federal food safety agencies at the Food and Drug Administration (FDA) and the Food Safety and Inspection Service (FSIS). FDA, an agency of the Department of Health and Human Services, is responsible for ensuring the safety of the majority of all domestic and imported food products (except for meat and poultry products). FSIS, an agency at the U.S. Department of Agriculture, regulates most meat,...
Department of Homeland Security Appropriations: FY2016
This report discusses the FY2016 appropriations for the Department of Homeland Security (DHS) and provides an overview of the Administration’s FY2016 request. The report makes note of many budgetary resources provided to DHS, but its primary focus is on funding approved by Congress through the appropriations process. It also includes an Appendix with definitions of key budget terms used throughout the suite of Congressional Research Service reports on homeland security appropriations. It also directs the reader to other reports providing context for and additional details regarding...
Efforts to Reauthorize the America COMPETES Act: In Brief
America COMPETES Act. P.L. 110-69. America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act. America COMPETES Reauthorization Act of 2010. P.L. 111-358. National Science Foundation. National Institute of Standards and Technology. Department of Energy. Office of Science. NSF. NIST. DOE. Science, technology, engineering, and mathematics education. STEM education. STEM workforce. Scientists. Engineers. Innovation. Competitiveness. Commercialization. Technology Transfer.
America COMPETES Act. P.L. 110-69. America Creating Opportunities to...
Omnibus Appropriations Acts: Overview of Recent Practices
Omnibus appropriations acts have become a significant feature of the legislative process in recent years as Congress and the President have used them more frequently to bring action on the regular appropriations cycle to a close. Following a discussion of pertinent background information, this report reviews the recent enactment of such measures and briefly addresses several issues raised by their use.
For nearly two centuries, regular appropriations acts were considered by the House and Senate as individual measures and enacted as standalone laws. In 1950, the House and Senate undertook a...
Goldwater-Nichols and the Evolution of Officer Joint Professional Military Education (JPME)
In November 2015, the Senate Armed Services Committee initiated a review of the Goldwater-Nichols Act (GNA). This piece of legislation, enacted in 1986 and amended in subsequent years, led to major reforms in defense organization. The year 2016 will mark the 30th anniversary of this landmark legislation, and lawmakers have expressed interest in whether the changes, as implemented, are achieving the goals of the reform, and whether further reforms are needed to achieve current and future national security goals.
One of Congress’s main goals of the legislation was to improve joint...
Two Intelligence Authorization Acts (IAAs) were passed in 2014. The IAA for Fiscal Year (FY) 2014 (P.L. 113-126) was passed in July and an IAA for FY2015 (P.L. 113-293) was passed in December. This report examines selected provisions in the legislation and provides an intelligence community framework in the Appendix. Summary of Selected Legislative Provisions
Title IAA FY2014 (P.L. 113-126)IAA FY2015 (P.L. 113-293) I. Intelligence ActivitiesSection104 supports the Intelligence Advanced Research Projects Activity.
III. General Matters Section 305 codifies provisions already in E.O....
Taiwan's January 2016 Elections: A Preview
This report briefly provides context for the January 16, 2016 presidential and legislative elections in Taiwan. The elections may determine whether an eight-year period of relative calm in relations between Taiwan (whose formal name is the Republic of China or ROC) and the People's Republic of China (PRC) continues, or comes to an end.
U.S. Assistance Programs in China
This report examines U.S. foreign assistance activities in the People’s Republic of China (PRC), undertaken by the U.S. Department of State and U.S. Agency for International Development (USAID). The report also discusses related foreign operations appropriations, policy history, and legislative background. International programs supported by U.S. departments and agencies other than the Department of State and USAID, as well as Department of State public diplomacy programs, are not covered in this report.
U.S. foreign assistance efforts in the PRC aim to promote democracy, human rights, and...
U.S. International Family Planning Programs: Issues for Congress
For the past several decades, U.S. policymakers have debated the most appropriate and effective funding levels for U.S. international family planning programs. In the mid-1980s, controversy arose over U.S. family planning assistance when the Ronald Reagan Administration introduced restrictions that became known as the “Mexico City policy.” The Mexico City policy required foreign non-governmental organizations (NGOs) to certify that they would not perform or actively promote abortion as a method of family planning—even if the activities were undertaken with non-U.S. funds. Presidents Reagan...
The Indian Health Service (IHS): An Overview
The IHS provides an array of medical services, including inpatient, ambulatory, emergency, dental, public health nursing, and preventive health care. The IHS does not have a defined medical benefit package that includes or excludes specific health services or health conditions. The majority of IHS facilities provide outpatient care, focusing on primary and preventive care including preventive screenings and health education. IHS provides services directly when possible; when needed services are not available, IHS beneficiaries may be referred to private providers for care. This is called...
The Consolidated Appropriations Act, 2016: Effects on Budgetary Trends
This report discusses recent changes to the federal budget outlook and the effects of these amendments on recent budgetary trends using the CBO and JCT cost estimates for the legislation, the CBO budget forecast released in August 2015, and OMB historical data.
Guatemala: One President Resigns; Another Elected, to Be Inaugurated January 14
This report discusses the transfer of power to the newly-elected president of Guatemala and its context, following the resignation of the former president and vice-president, their arrest for government corruption, and the succeeding interim government.
Unauthorized Aliens, Higher Education, In-State Tuition, and Financial Aid: Legal Analysis
The existence of a sizable population of “DREAMers” in the United States has prompted questions about unauthorized aliens’ eligibility for admission to public institutions of higher education, in-state tuition, and financial aid. The term DREAMer is widely used to describe aliens who were brought to the United States as children and raised here but lack legal immigration status. As children, DREAMers are entitled to public elementary and secondary education as a result of the Supreme Court’s 1982 decision in Plyler v. Doe. There, the Court struck down a Texas statute that prohibited the...
Qualifications for President and the “Natural Born” Citizenship Eligibility Requirement
The Constitution sets out three eligibility requirements to be President: one must be 35 years of age, a resident “within the United States” for 14 years, and a “natural born Citizen.” There is no Supreme Court case which has ruled specifically on a challenge to one’s eligibility to be President (although several cases have addressed the term “natural born” citizen), and this clause has been the subject of several legal and historical treatises over the years, as well as more recent litigation.
The term “natural born” citizen is not defined in the Constitution, and there is no discussion...
Separation of Powers: An Overview
Congress’s role and operation in national politics is fundamentally shaped by the design and structure of the governing institution in the Constitution. One of the key principles of the Constitution is separation of powers. The doctrine is rooted in a political philosophy that aims to keep power from consolidating in any single person or entity, and a key goal of the framers of the Constitution was to establish a governing system that diffused and divided power. These objectives were achieved institutionally through the design of the Constitution. The legislative, executive, and judicial...
Health-Related Tax Expenditures: Overview and Analysis
Public and private health care spending is growing due to increased enrollment in health insurance, demographic changes of an aging society, and the expansion of government programs, among other reasons. While much attention is being paid to the budgetary cost of outlays from the largest federally funded health programs (Medicare, Medicaid, and the Children’s Health Insurance Program), the implicit subsidies in the Internal Revenue Code for the provision of private- and publicly-provided health insurance are sometimes less prominent in public debates. These subsidies are tax expenditures,...
Perspectives on Enhanced Interrogation Techniques
This report briefly summarizes what constituted Enhanced Interrogation Techniques (EITs), provides background on their adoption and use, and discusses differing views on three questions that underpin discussion and debate of this topic.
Juvenile Justice Funding Trends
Although juvenile justice has always been administered by the states, Congress has had significant influence in the area through funding for grant programs administered by the Department of Justice’s (DOJ’s) Office of Juvenile Justice and Delinquency Prevention (OJJDP). The Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974, P.L. 93-415, was the first comprehensive juvenile justice legislation passed by Congress. Since 1974, the act has undergone several key amendments, including a significant reorganization enacted by P.L. 107-273 in 2002. The juvenile justice appropriation...
This report examines congressional oversight of two strategies undertaken by Congress and the executive branch to strengthen the federal cybersecurity workforce: initiatives to define and identify the federal cybersecurity workforce, and hiring and pay flexibilities applicable to cybersecurity positions at the Department of Defense (DOD) and the Department of Homeland Security (DHS).
The federal cybersecurity workforce is responsible for protecting U.S. government systems and networks against cyber threats and attacks. Federal agencies, however, have reported difficulty in assessing the size and capabilities of their cybersecurity workforces. DOD and DHS, which play prominent roles in the nation’s cybersecurity posture, have also noted certain obstacles affecting the recruitment and retention of qualified cybersecurity professionals to fulfill their departments’ cybersecurity missions.
The Office of Personnel Management (OPM) is constructing a dataset to catalog all...
USDA’s “GIPSA Rule” on Livestock and Poultry Marketing Practices
The 2008 farm bill (P.L. 110-246) included new provisions that amended the Packers and Stockyards Act (P&S Act) to give poultry and swine growers the right to cancel contracts, to require that poultry processors clearly disclose to growers additional required capital investments, to set the choice of law and venue in contract disputes, and to give poultry and swine growers the right to decline an arbitration clause that requires arbitration to resolve contract disputes. The farm bill required USDA to propose rules to implement these provisions.
On June 22, 2010, the U.S. Department of...
Minding the Data Gap: NOAA’s Polar-Orbiting Weather Satellites and Strategies for Data Continuity
Concerns have been raised in Congress about the possibility of a “data gap” in the polar-orbiting weather satellite coverage. A near-term data gap could occur if the currently operating polar-orbiting weather satellite, the Suomi National Polar-orbiting Partnership (Suomi-NPP), fails before its successor, the first Joint Polar Satellite System (JPSS-1), is launched and operational sometime in 2017. The Government Accountability Office (GAO) has reported that a polar-orbiting weather satellite data gap would result in less accurate and timely weather forecasts and warnings of extreme...
Judiciary Appropriations FY2016
Funds for the judicial branch are included annually in the Financial Services and General Government (FSGG) Appropriations bill. The bill provides funding for the Supreme Court; the U.S. Court of Appeals for the Federal Circuit; the U.S. Court of International Trade; the U.S. Courts of Appeals and District Courts; Defender Services; Court Security; Fees of Jurors and Commissioners; the Administrative Office of the U.S. Courts; the Federal Judicial Center; the U.S. Sentencing Commission; and Judicial Retirement Funds.
The judiciary’s FY2016 budget request of $7.533 billion was submitted on...
North Korea's January 6, 2016, Nuclear Test
This report provides a brief background about North Korea's announcement that it successfully tested a "hydrogen bomb" (its fourth nuclear test) on January 6, 2016. The official statement also called the device an experimental or "pilot H-bomb."
U.S. Foreign Assistance to Latin America and the Caribbean: Recent Trends and FY2016 Appropriations
Geographic proximity has forged strong linkages between the United States and the nations of Latin America and the Caribbean, with critical U.S. interests encompassing economic, political, and security concerns. U.S. policymakers have emphasized different strategic interests in the region at different times, from combating Soviet influence during the Cold War to advancing democracy and open markets since the 1990s. Current U.S. policy is designed to promote economic and social opportunity, ensure the safety of the region’s citizens, strengthen effective democratic institutions, and secure...
Commerce, Justice, Science, and Related Agencies Appropriations (CJS): Trade-Related Agencies
This report tracks and describes actions taken by the Administration and Congress to provide FY2016 appropriations for the International Trade Administration (ITA) of the U.S. Department of Commerce, the U.S. International Trade Commission (USITC), and the Office of the United States Trade Representative (USTR). These three trade-related agencies are part of the Commerce, Justice, Science, and Related Agencies (CJS) appropriations process. The report also provides an overview of three trade-related programs that are administered by ITA, USITC, and USTR.
The Consolidated and Further...
Selected Recently Expired Business Tax Provisions (“Tax Extenders”)
The Consolidated Appropriations Act of 2016 (P.L. 114-113), signed into law on December 18, 2015, made permanent, extended through 2019, or extended through 2016 some tax provisions that had expired at the end of 2014. Previous legislation had extended these provisions for a year (or in some cases two years) at a time. Several bills had been considered in the 114th Congress to make some provisions permanent, including the R&E tax credit (H.R. 880), expensing of investments (H.R. 636, S. 1399), and treatment of built-in gains for Subchapter S corporations (H.R. 636). The Senate Finance...
Customer Choice and the Power Industry of the Future
In the United States, the modern electric utility industry began to emerge about 100 years ago, guided by a philosophy which came to be called the “regulatory compact.” Under the compact, state and local governments generally granted the right to provide electric power in a designated service territory, in exchange for an obligation to serve all electric power customers. Much of the nation’s power generation and delivery infrastructure was built under this arrangement, with customers ultimately paying for the costs of electricity services. However, the electric utility model nowadays is...
The Motion to Recommit in the House of Representatives
The motion to recommit provides a final opportunity for the House to affect a measure before passage, either by amending the measure or sending it back to committee.
The motion to recommit is often referred to as “the minority’s motion,” because preference in recognition for offering a motion to recommit is given to a member of the minority party who is opposed to the bill. The stated purpose of giving the minority party this right was to allow them to “have a vote upon its position upon great public questions.” House rules protect this minority right, as it is not in order for the House...
Commonly known as the “8(a) Program,” the Minority Small Business and Capital Ownership Development Program is one of several federal contracting programs for small businesses. The 8(a) Program provides participating small businesses with training, technical assistance, and contracting opportunities in the form of set-asides and sole-source awards. A “set-aside” is an acquisition in which only certain contractors may compete, while a sole-source award is a contract awarded, or proposed for award, without competition. In FY2014, the federal government spent over $16 billion on contracts and...
Recent media and industry reports have employed the term big data as a key to the future of increased food production and sustainable agriculture. A recent hearing on the private elements of big data in agriculture suggests that Congress too is interested in potential opportunities and challenges big data may hold. While there appears to be great interest, the subject of big data is complex and often misunderstood, especially within the context of agriculture.
There is no commonly accepted definition of the term big data. It is often used to describe a modern trend in which the combination...
State, Foreign Operations, and Related Programs: FY2016 Budget and Appropriations
On February 2, 2015, the Obama Administration submitted to Congress its budget request for FY2016. The request for State, Foreign Operations, and Related Programs (SFOPS) totals $54.08 billion, or a 4% increase from FY2015-estimated levels. Within that amount
$47.04 billion is requested for enduring or core funding and $7.05 billion is designated as Overseas Contingency Operations (OCO) funding, excluding add-ons and rescissions;
$17.55 billion of the total request is for State Department Operations and related agencies (10.6% increase over FY2015 estimates);
$36.53 billion is for Foreign...
Electric Grid Physical Security: Recent Legislation
This report briefly discusses legislative initiatives to address the physical safety of electrical transformers and 0other parts of the U.S. electric grid which are vulnerable to damage from theft, vandalism, or terrorist attacks.
Federal Reserve Issues Final Rule on Emergency Lending
This report briefly discusses major provisions of the Federal Reserve's (Fed's) Final Rule, governing emergency lending under Section 13(3) of the Federal Reserve Act and implementing Section 1101 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank).
Using Data to Improve Defense Acquisitions: Background, Analysis, and Questions for Congress
Many analysts believe that data analysis is a critical element in making smart, informed, policy decisions and in managing government programs. Without data, there may not be an appropriate basis for making policy decisions, measuring or assessing the effectiveness of government programs, or providing transparency into government operations. Despite the importance of data, most observers believe that the Department of Defense (DOD), and other government agencies lag behind the private sector in effectively incorporating data analyses into decisionmaking. These analysts argue that by using...
President Obama's $1 Billion Foreign Aid Request for Central America
This report discusses the Obama Administration's recent request for over $1 billion in foreign assistance during FY2016 to support a whole-of-government "U.S. Strategy for Engagement in Central America."
Congress and the U.S. Army Corps of Engineers in 2016
This report briefly discusses authorization legislation for the water resources activities of the U.S. Army Corps of Engineers (Corps) in 2016, which the 114th Congress is anticipated to consider. These issues span the agency's role in new and existing navigation improvements, coastal and riverine flood risk reduction, and environmental restoration and protection efforts.
The Animal Welfare Act: Background and Selected Animal Welfare Legislation
In 1966, Congress passed the Laboratory Animal Welfare Act (P.L. 89-54) to prevent pets from being stolen for sale to research laboratories, and to regulate the humane care and handling of dogs, cats, and other laboratory animals. Farm animals are not covered by the AWA. The law was amended in 1970 (P.L. 91-579), changing the name to the Animal Welfare Act (AWA). The AWA is administered by the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS). Congress periodically amends the act to strengthen enforcement, expand coverage to more animals and activities, or...
This report briefly discusses a limited set of deliverables agreed upon by trade ministers and their senior representatives in Nairobi at the 10th Ministerial Conference of the World Trade Organization (WTO).
The President’s State of the Union Address: Tradition, Function, and Policy Implications
The State of the Union address is a communication between the President and Congress in which the chief executive reports on the current conditions of the United States and provides policy proposals for the upcoming legislative year. Formerly known as the “Annual Message,” the State of the Union address originates in the Constitution. As part of the system of checks and balances, Article II, Section 3, clause 1 mandates that the President “shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge...
The following table provides names and contact information for CRS experts on policy and legal issues related to gun control. In the wake of mass shootings and other firearms-related violence, several gun control issues are often raised. They include improving and expanding background checks, further regulating certain semiautomatic firearms (“assault weapons” or “military-style” firearms) that accept detachable ammunition feeding devices (“magazines”), combating illegal gun trafficking, interstate concealed carry of handguns, and enacting or repealing appropriations limitations related...
Need-Tested Benefits: Estimated Eligibility and Benefit Receipt by Families and Individuals
Need-tested benefits have received increased attention from policymakers in recent years, as spending levels for these programs remain elevated well into the economic expansion that followed the 2007-2009 recession. While information is available on the number of people who receive benefits from individual programs, it is more challenging to examine how these programs interact and the cumulative benefits families receive from them. Case studies based on hypothetical families often show how much in benefits a family may potentially receive from multiple programs under federal and state...
Sex Discrimination and the United States Supreme Court: Developments in the Law
In its sex discrimination decisions, the United States Supreme Court not only has defined the applicability of the equal protection guarantees of the Constitution and the nondiscriminatory policies of federal statutes, but also has rejected the use of gender stereotypes and has continued to recognize the discriminatory effect of gender hostility in the workplace and in schools. This report focuses on sex discrimination challenges based on: the equal protection guarantees of the Fourteenth and Fifth Amendments; the prohibition against employment discrimination contained in Title VII of the...
Oil, Natural Gas, and Coal: CRS Experts
Fossil fuels play a dominant role in U.S. energy. The United States is a major producer and consumer of oil (and petroleum products), natural gas, and coal. U.S. fossil fuel reserves, production, processing and refining, distribution, markets, and use are of perennial interest among policymakers and the public. Ongoing concerns include retail gasoline prices, oil and other commodity markets, potential for expanded domestic supply, environmental effects of continued fossil combustion, and the benefits and drawbacks of trade in these commodities. The following tables provide access to names...
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): FY2016 Appropriations
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the lead federal law enforcement agency charged with administering and enforcing federal laws related to firearms and explosives commerce. ATF is also responsible for investigating arson cases with a federal nexus, and criminal cases involving the diversion of alcohol and tobacco from legal channels of commerce. Congress funds the ATF through an annual appropriation in the Commerce, Justice, Science (CJS), and Related Agencies Appropriations Act, because it is a component of the Department of Justice (DOJ). For FY2016,...
This report provides answers to frequently asked questions about the presidential nominating process, including how the delegates to the national conventions are chosen, the differences between a caucus and a primary, national party rules changes for 2016, and the national conventions themselves. It is not a comprehensive report on all aspects of the presidential nominating process.
The Nominating Process
The presidential nominating process is a subject of enduring congressional and national interest. Presidential elections are the only nationwide elections held in the United States and...
The Budget Control Act of 2011 as Amended: Budgetary Effects
Following a lengthy debate over raising the debt limit, the Budget Control Act of 2011 (BCA; P.L. 112-25) was signed into law by President Obama on August 2, 2011. In addition to including a mechanism to increase the debt limit, the BCA contained a variety of measures intended to reduce the budget deficit through spending restrictions. There are two main components to the spending reductions in the BCA: (1) discretionary spending caps that came into effect in FY2012 and (2) a $1.2 trillion automatic spending reduction process that was initially scheduled to come into effect on January 2,...
Data Security and Breach Notification Legislation: Selected Legal Issues
Recent data breaches at major U.S. retailers have placed a spotlight on concerns about the security of personal information stored in electronic form by corporations and other private entities. A data breach occurs when data containing sensitive personal information is lost, stolen, or accessed in an unauthorized manner, thereby causing a potential compromise of the confidentiality of the data. Existing federal laws, such as the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH Act), and the...
Recently Expired Housing Related Tax Provisions (“Tax Extenders”): In Brief
SUPRESS SUMMARY
On December 18, 2015, a set of temporary tax provisions that are regularly extended and that are commonly known as “tax extenders” was retroactively extended by Division Q of P.L. 114-113—the Protecting Americans from Tax Hikes Act (or “PATH” Act). Some of the extensions are permanent; others are temporary. This report briefly summarizes and discusses the economic impact of the four housing related tax provisions included in P.L. 114-113. These provisions include (1) the tax exclusion for canceled mortgage debt; (2) the deduction for qualified mortgage insurance premiums;...
On April 7, 2015, the Environmental Protection Agency (EPA) published amendments to the January 15, 2015, final rule designating areas for compliance with the 2013 primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5). Revising a NAAQS established under the Clean Air Act (CAA) sets in motion a process under which the states and EPA identify areas that exceed the standard (“nonattainment areas”) using multi-year air quality monitoring data and other criteria, requiring states to take steps to reduce pollutant concentrations in order to meet the...
Haiti Under President Martelly: Current Conditions and Congressional Concerns
Haiti shares the island of Hispaniola with the Dominican Republic. Since the fall of the Duvalier dictatorship in 1986, Haiti has struggled to overcome its centuries-long legacy of authoritarianism, extreme poverty, and underdevelopment. Economic and social stability improved considerably, and many analysts believed Haiti was turning a corner toward sustainable development when it was set back by a massive earthquake in January 2010 that devastated much of the capital of Port-au-Prince. Although it is recovering, poverty remains massive and deep, and economic disparity is wide: Haiti...
Western Water and Drought: Legislative Analysis of H.R. 2898 and S. 1894
Several western states are experiencing extreme or exceptional drought conditions. The persistence and intensity of the drought, which began in 2011 in some areas, has received considerable attention from Congress. To date, federal legislative proposals have focused primarily on the management of federal water projects, support for drought-related programs, and needs of fish and wildlife for water. A broad policy question is how Congress might address western drought, drought in any part of the United States, and gaps in water supply and demand.
Several bills have been introduced in the...
Alcohol Excise Taxes: Current Law and Economic Analysis
The federal excise tax on alcoholic beverages is imposed at the manufacturer and importer level, based on the per unit production or importation of alcoholic beverages (e.g., distilled spirits, wine, and beer) for sale in the U.S. market. When converted to standard drink measures liquor drinks are generally subjected to a federal excise tax of approximately 13 cents per 1.5 ounce shot, wine is taxed at 4 cents per 5 ounce glass, and beer is taxed at 5 cents per 12 ounce can or bottle. Alcohol excise tax collections totaled $10.4 billion in FY2015, with collections from distilled spirits...
Air Quality: EPA’s 2013 Changes to the Particulate Matter (PM) Standard
On January 15, 2013, the Environmental Protection Agency (EPA) published a final rule revising the National Ambient Air Quality Standard (NAAQS) for particulate matter (PM). The revised air quality standards were completed pursuant to the Clean Air Act (CAA) and, in part, in response to a court order and consent agreement. Based on its review of scientific studies available since the agency’s previous review in 2006, EPA determined that evidence continued to show associations between particulates in ambient air and numerous significant health problems, including aggravated asthma, chronic...
The Federal Election Commission: Enforcement Process and Selected Issues for Congress
The Federal Election Commission (FEC) is responsible for civil enforcement of the Federal Election Campaign Act (FECA) and other campaign finance statutes. Enforcement, one of the FEC’s principal functions, is perhaps the most controversial thing the agency does. Enforcement matters not only for encouraging compliance with law and regulation, but also for what it represents about the state of campaign finance policy overall. Some agency critics argue that modest fines, protracted processes, and deadlocked commission votes demonstrate that the FEC cannot effectively enforce campaign finance...
The Federal Election Commission: Overview and Selected Issues for Congress
More than 40 years ago, Congress created the Federal Election Commission (FEC) to administer the Federal Election Campaign Act (FECA) and related amendments. Today, the FEC is responsible for administering disclosure of millions of campaign finance transactions; interpretation and civil enforcement of FECA and agency regulations; and administering the presidential public financing program.
Six presidentially appointed commissioners, who are subject to Senate advice and consent, head the FEC. No more than three members may be affiliated with the same political party. Congress arrived at...
Conventional Arms Transfers to Developing Nations, 2007-2014
This report provides Congress with official, unclassified, quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years for use in its policy oversight functions. All agreement and delivery data in this report for the United States are government-to-government Foreign Military Sales (FMS) transactions. Similar data are provided on worldwide conventional arms transfers by all government suppliers, but the principal focus is the level of arms transfers by major weapons supplying governments to nations...
Three primary categories of “disadvantaged” small businesses are currently eligible for various contracting programs under federal law: (1) small businesses participating in the Small Business Administration’s (SBA’s) Minority Small Business and Capital Ownership Development Program (commonly known as the 8(a) Program) (8(a) participants); (2) “small disadvantaged businesses” (SDBs); and (3) “disadvantaged business enterprises” (DBEs). All programs are based in statute. Section 8(a) of the Small Business Act authorizes the 8(a) Program; Section 8(d) of the Small Business Act, the SDB...
What Is “Building Partner Capacity?” Issues for Congress
Since 2001, successive U.S. administrations have increasingly prioritized efforts to build foreign security forces—particularly in weak and failing states—arguing that doing so advances U.S. national security objectives. In turn, the Department of Defense (DOD) has invested billions of dollars in “Building Partner Capacity,” a term that refers to a broad set of missions, programs, activities, and authorities intended to improve the ability of other nations to achieve those security-oriented goals they share with the United States. As a consequence, these efforts and programs have been a...
Legal Protections for Subcontractors on Federal Prime Contracts: In Brief
Payment and other protections for subcontractors on federal contracts are of perennial interest to Members and committees of Congress, in part, because many subcontractors are small businesses, and it is the “declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small business concerns.” Subcontractors on federal contracts do not have “privity of contract”—or a direct contractual relationship—with the federal government. As such, subcontractors would generally lack the payment and other protections that...
Terminating Contracts for the Government’s Convenience: Answers to Frequently Asked Questions
“Termination for convenience” refers to the exercise of the government’s right to bring to an end the performance of all or part of the work provided for under a contract prior to the expiration of the contract “when it is in the Government’s interest” to do so. Federal agencies typically incorporate clauses in their procurement contracts granting them the right to terminate for convenience. However, the right to terminate procurement and other contracts for convenience has also been “read into” contracts which do not expressly provide for it on the grounds that the government has an...
Health Insurance Expiring Provisions of the 114th Congress, Second Session
This report provides a list of expiring health insurance provisions. Specifically, it lists Medicare, Medicaid, State Children’s Health Insurance Program (CHIP), and private health insurance programs and activities under Chapter 7 of the United States Code (U.S.C.)—Social Security—and Chapter 157 of the U.S.C.—Quality, Affordable Health Care for All Americans, as created by the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended)—that are scheduled to expire between the date of this report and after the end of the 114th Congress (i.e., December 31, 2016). Health...
Social Security and Same-Sex Marriage: Post Obergefell v. Hodges
This report addresses eligibility for Social Security spousal benefits for individuals in a same-sex marriage.
Key Takeaways
Under the Social Security Act, eligibility for spousal benefits depends on the applicant’s marital status as defined by the laws of the state as interpreted by the courts of that state in which the Number Holder, the person on whose work record the benefit is based, is domiciled.
Section 3 of the Defense of Marriage Act (DOMA) had required that marriage be defined as the union of one man and one woman for the purpose of federal enactments, rendering individuals in a...
FY2016 National Defense Authorization Act: Selected Military Personnel Issues
This report summarizes selected highlights of S. 1356, the National Defense Authorization Act for Fiscal Year 2016 (FY2016 NDAA), which was passed by the House of Representatives on November 5, 2015, passed by the Senate on November 10, 2015, and signed by the President on November 25, 2015 (P.L. 114-92), and an initial bill, H.R. 1735, that was passed by both the House and the Senate.
The President had vetoed H.R. 1735, an earlier version of the FY2016 NDAA, on October 22, 2015. In his veto message, the President objected that the bill would have provided more funding for defense-related...
The Air Force Aviation Investment Challenge
The U.S. Air Force is in the midst of an ambitious aviation modernization program, driven primarily by the age of its current aircraft fleets. Four major programs are in procurement, with five more in research and development (R&D).
The need to replace several types of aircraft simultaneously poses challenges to future budgets, as the new programs compete with existing program commitments and normal program growth under a restricted service topline. The impending expiration of caps imposed by the Balanced Budget Act coincides with when modernization programs can be expected to experience...
Energy and Water Development: FY2016 Appropriations for Nuclear Weapons Stockpile Stewardship
The annual Energy and Water Development appropriations bill provides funding for civil works projects of the Army Corps of Engineers, the Department of the Interior’s Bureau of Reclamation, the Department of Energy (DOE), and several independent agencies.
The DOE budget includes funding for the National Nuclear Security Administration (NNSA), a separately organized agency within DOE. NNSA operates three programs: Defense Nuclear Nonproliferation, which secures nuclear materials worldwide, conducts R&D into nonproliferation and verification, and operates the Nuclear Counterterrorism and...
Justice for Victims of Trafficking Act of 2015: Changes to Domestic Human Trafficking Policies
The Justice for Victims of Trafficking Act (JVTA, S. 178/P.L. 114-22), an omnibus bill that primarily includes anti-human trafficking provisions, was signed into law on May 29, 2015. The bill received broad congressional support, passing the Senate unanimously on April 22, 2015, and the House nearly unanimously (420-3) on May 19, 2015. Through amendments in the House and the Senate, the law incorporates the same or similar provisions from 10 of the 12 bills on trafficking that passed the House in the first few weeks of the 114th Congress: H.R. 159, H.R. 181, H.R. 246, H.R. 285, H.R. 350,...
Central America Regional Security Initiative: Background and Policy Issues for Congress
Central America faces significant security challenges. Criminal threats, fragile political and judicial systems, and social hardships such as poverty and unemployment contribute to widespread insecurity in the region. Consequently, improving security conditions in these countries is a difficult, multifaceted endeavor. Since U.S. drug demand contributes to regional security challenges and the consequences of citizen insecurity in Central America are potentially far-reaching—as demonstrated by the increasing number of migrants, asylum seekers, and refugees arriving at the U.S. border—the...
The K-1 Fiancé(e) Visa: In Brief
The K nonimmigrant visa category was created in 1970 through P.L. 91-225, which amended the Immigration and Nationality Act (INA). Within the K visa category, the K-1 visa is a visa for fiancé(e)s of U.S. citizens and the K-2 visa is a visa for the fiancé(e)’s children. Congress later enacted legislation to provide protections for fiancé(e)s, specifically creating requirements around the use of international marriage brokers, the disclosure of the U.S. petitioner’s criminal background, the provision of information to fiancé(e)s on their rights, and additional protections for minors.
A...
Effect of Corinthian Colleges’ Closure on Student Financial Aid: Frequently Asked Questions
Corinthian Colleges, Inc. (CCI) was the parent company of several private, for-profit institutions of higher education, including the Everest Institute, Everest Colleges, Heald Colleges, and Wyotech Technical Schools. CCI operated more than 100 of these institutions across the nation, with total enrollments of approximately 72,000 students who annually received roughly $1.4 billion in federal financial aid.
In summer 2014, the Department of Education (ED) limited CCI’s access to federal student aid in response to CCI’s failure to address concerns relating to a variety of practices,...
Federal Contracting and Subcontracting with Small Businesses: Legislation in the 113th Congress
Congress has generally broad authority to impose requirements upon the federal procurement process (i.e., the process whereby agencies acquire supplies and services from other entities for the agency’s direct benefit or use). One of the many ways in which Congress has exercised this authority is by enacting measures that encourage agencies to contract and subcontract with “small businesses.” For purposes of federal procurement law, the term small business generally denotes a business that (1) is independently owned and operated, (2) is not dominant in its field of operations, and (3) has...
Potential Policy Implications of the House Reconciliation Bill (H.R. 3762)
On December 3, 2015, the Senate passed an amendment to H.R. 3762. For information about the Senate amendment to H.R. 3762 and how it compares to the House-passed version of H.R. 3762, see CRS Report R44300, Provisions of the Senate Amendment to H.R. 3762, coordinated by Annie L. Mach. This report will not be updated to reflect the Senate’s actions or subsequent actions taken by the House.
The FY2016 budget resolution (S.Con.Res. 11) established the congressional budget for the federal government for FY2016 and set forth budgetary levels for FY2017-FY2025. It also included reconciliation...
On November 19, 2015, the Food and Drug Administration (FDA) approved AquaBounty Technologies’ application to produce AquAdvantage Salmon, a genetically engineered (GE) Atlantic salmon, for human consumption. This is the first GE animal that has been approved for human consumption in the United States. FDA also has proposed voluntary guidelines for using labels that indicate whether food products are derived from GE salmon.
Genetic engineering techniques are used by scientists to insert genetic material from one organism into the genome of another organism. Genetically engineered salmon...
Immigration: Noncitizen Eligibility for Needs-Based Housing Programs
The issue of noncitizen eligibility for federally funded programs, including needs-based housing programs, is a perennial issue in Congress. Noncitizen eligibility varies among the needs-based housing programs administered by the U.S. Department of Housing and Urban Development (HUD), such as Public Housing, Section 8 vouchers and project-based rental assistance, homeless assistance programs, housing for the elderly (§202) and the disabled (§811), the HOME program, and the Community Development Block Grants (CDBG) program. Two laws govern noncitizen eligibility for housing programs: Title...
Federalism Issues in Surface Transportation Policy: A Historical Perspective
P.L. 114-94, the Fixing America’s Surface Transportation (FAST) Act, was signed by President Obama on December 4, 2015. The act reauthorizes federal highway and mass transit programs through the end of FY2020. It also authorizes to be appropriated about $305 billion for these programs, an increase of about 4.2% over current funding levels plus projected inflation for highway programs and 7.9% over current funding levels plus projected inflation for public transportation programs.
Although the federal presence, and influence, on surface transportation policy remains significant, FAST is a...
Chronic Homelessness: Background, Research, and Outcomes
Chronically homeless individuals are those who spend long periods of time living on the street or other places not meant for human habitation, and who have one or more disabilities, frequently including mental illnesses and substance use disorders. In the 2015 Department of Housing and Urban Development (HUD) point-in-time count of people experiencing homelessness, more than 83,000 individuals met the definition of chronically homeless, down from nearly 120,000 in 2008. In part the decline is due to the federal government’s plan, announced in 2002, to end chronic homelessness within 10...
This fact sheet summarizes selected highlights of the versions of S. 1356, the National Defense Authorization Act (NDAA) for FY2016, which was passed by the House of Representatives on November 5, 2015, passed by the Senate on November 10, 2015, and signed by the President on November 25, 2015 (P.L. 114-92 ).
The President had vetoed H.R. 1735, an earlier version of the FY2016 NDAA, on October 22, 2015. In his veto message, the President objected that the bill would have provided more funding for defense-related activities than would be allowed under spending caps that then were in...
Nepal: Political Developments and U.S. Relations
Nepal is a poor country of an estimated 31 million people that has undergone a radical political transformation since 2006, when a 10-year armed struggle by Maoist insurgents, which claimed at least 13,000 lives, officially came to an end. The country’s king stepped down in 2006, and two years later Nepal declared itself a republic, electing a Constituent Assembly (CA) in 2008 to write a new constitution. A second CA elected in 2013 reached agreement on a new constitution in September 2015. Though the process of democratization begun in 2006 has had setbacks and has been marked by...
The Elementary and Secondary Education Act (ESEA) was last comprehensively amended by the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110). Appropriations for most programs authorized by the ESEA were authorized through FY2007. As Congress has not reauthorized the ESEA, appropriations for ESEA programs are currently not explicitly authorized. However, because the programs continue to receive annual appropriations, appropriations are considered implicitly authorized.
Congress has actively considered reauthorization of the ESEA during the 114th Congress, passing comprehensive ESEA...
Multilateral Development Banks: How the United States Makes and Implements Policy
This report analyzes how the United States makes policy towards the multilateral development banks (MDBs) and identifies ways by which Congress can shape U.S. policy and influence the activities of the banks themselves.
The executive branch and Congress share responsibility for U.S. policy towards the MDBs and each has primary control over a different part of the policy process. The Administration is responsible for negotiating with other countries and for managing day-to-day U.S. participation in the MDBs. Congress has ultimate authority over the level of U.S. financial commitments and...
Renewable Fuel Standard (RFS): Final Rule for 2014, 2015, and 2016
This report discusses the final rule for the Renewable Fuel Standard (RFS), which was released by the Environmental Protection Agency (EPA). While the rule contains wide-ranging information, most stakeholders are primarily concerned with the annual volume amounts for total renewable fuel, advanced biofuel, cellulosic biofuel, and biomass-based diesel.
The National Nanotechnology Initiative: Overview, Reauthorization, and Appropriations Issues
Nanotechnology—a term encompassing the science, engineering, and applications of submicron materials—involves the harnessing of unique physical, chemical, and biological properties of nanoscale substances in fundamentally new and useful ways. The economic and societal promise of nanotechnology has led to investments by governments and companies around the world. In 2000, the United States launched the world’s first national nanotechnology program. From FY2001 through FY2015, the federal government invested approximately $20.9 billion in nanoscale science, engineering, and technology...
Bitcoin: Questions, Answers, and Analysis of Legal Issues
Bitcoin first appeared in January 2009, the creation of a computer programmer using the pseudonym Satoshi Nakamoto. His invention is an open-source (its controlling computer code is open to public view), peer-to-peer (transactions do not require a third-party intermediary such as PayPal or Visa) digital currency (being electronic with no physical manifestation). The Bitcoin system is private, with no traditional financial institutions involved in transactions. Unlike earlier digital currencies that had some central controlling person or entity, the Bitcoin network is completely...
The Lobbying Disclosure Act at 20: Analysis and Issues for Congress
On December 19, 1995, President William Jefferson Clinton signed the Lobbying Disclosure Act (LDA) into law (2 U.S.C. §1601, et seq.). In his comments when signing the law, President Clinton identified a central question that continues to be an issue for lobbying laws: how can individual citizens’ rights be balanced against the desire to regulate and potentially control the access of special interests to government? As lobbying laws have been developed in the United States, the balance between the right of “ordinary Americans” to petition the government and the access that professional...
Legal Authority for Aliens to Claim Refundable Tax Credits: In Brief
The question is frequently asked whether aliens who enter or remain in the United States in violation of federal immigration law (called unlawfully present aliens for purposes of this report) are permitted to claim refundable tax credits. There is no general provision in the Internal Revenue Code (IRC) prohibiting unlawfully present aliens from claiming refundable tax credits. Rather, the restrictions that exist are established on a credit-by-credit basis. For example, one credit—the earned income tax credit (EITC)—requires that taxpayers provide work-authorized Social Security numbers...
Doubling Research and Development for Clean Energy: "Mission Innovation"
This report briefly provides background for "Mission Innovation," a new initiative crafted by 20 countries to increase their public investment in research and development (R&D) in "clean energy" technologies.
The wars in Iraq and Afghanistan brought renewed attention to the needs of veterans, including the needs of homeless veterans. Researchers have found both male and female veterans to be overrepresented in the homeless population, and, as the number of veterans increased due to these conflicts, there was concern that the number of homeless veterans could rise commensurately. The 2007-2009 recession and the subsequent slow economic recovery also raised concerns that homelessness could increase among all groups, including veterans.
Congress has created numerous programs that serve homeless...
Budget Reconciliation Legislation: Development and Consideration
Budget reconciliation is a two-phase process, provided by the Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, 2 U.S.C. 601-688), as amended, that Congress may use to assure compliance with the direct spending, revenue, and debt limit levels set forth in a budget resolution agreed to by Congress. First, Congress includes reconciliation instructions in a budget resolution directing one or more committees to recommend changes in statute to achieve the levels of direct spending and revenues and the debt limit agreed to in the budget resolution. Second, the legislative language...
The Family and Medical Leave Act (FMLA): Background and Supreme Court Cases
Congress passed the Family and Medical Leave Act (FMLA) in 1993 in part to “balance the demands of the workplace with the needs of families.” To that end, the FMLA entitles eligible employees of covered employers to set amounts of unpaid, job-protected leave for specified family and medical reasons. These reasons include, for example, the care of a spouse, son, daughter, or parent with a serious health condition, and the care of a newborn or newly adopted child. Employers who interfere with an employee’s exercise of FMLA rights or retaliate against an employee for exercising her FMLA...
International Climate Change Negotiations: What to Expect in Paris, December 2015
The Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC) convenes for the 21st time (COP21) in Paris, France, from November 29 to December 11, 2015. The United States ratified the UNFCCC in 1992. Accordingly, the United States and the other 195 UNFCCC Parties already have legally binding but qualitative obligations under the treaty. COP21 intends to finalize an agreement under the UNFCCC to address climate change from 2020 on. A major focus is to lay out a path toward stabilizing greenhouse gas (GHG) concentrations in the atmosphere to avoid...
Search terms: S. 2012, H.R. 8, energy efficiency, renewable energy, Department of Energy, EISA, P.L. 110-140 (Hide summary)
Federal Real Property Data: Limitations and Implications for Oversight
The federal executive branch owns and leases more than 275,000 buildings, with annual operating costs in excess of $21 billion. Oversight of this portfolio of buildings has been a priority for recent congresses, particularly since real property management has been identified as a “high-risk” area by the Government Accountability Office (GAO), every year since 2003. Key potential weaknesses in real property management include agencies holding empty or only partially occupied buildings; relying on leases for new space even when ownership would be cheaper; and making decisions using real...
In the wake of the deadly November 13, 2015, terrorist attacks in Paris, U.S. policymakers are faced with a wide range of strategy and operational considerations related to the activities of and threats emanating from the Islamic State (IS). A terrorist attack such as this prompts an examination of U.S. domestic security precautions; the role of allies and coalition partners; the appropriate military and diplomatic reactions; the safety and security of infrastructure and that of travelers; and numerous additional discrete issues that require the active involvement of dozens of federal,...
Congressional Action on FY2016 Appropriations Measures
This report provides information on the congressional consideration of the FY2016 regular appropriations bills and the FY2016 continuing resolution (CR). It also discusses the statutory and procedural budget enforcement framework for FY2016 appropriations. It will address the congressional consideration of FY2016 supplemental appropriations if any such consideration occurs.
For all types of appropriations measures, discretionary spending budget enforcement under the congressional budget process has two primary sources. The first is the discretionary spending limits that are derived from...
The November 2015 Terrorist Siege in Mali
On November 20, 2015, gunmen laid siege to the Radisson Blu, a hotel popular with foreigners in Mali's capital, Bamako. This report discusses issues for Congress in the wake of the attack.
Argentina Votes for Change in 2015 Presidential Election
This report briefly discusses the November 22, 2015 elections in Argentina. Mauricio Macri defeated Daniel Scioli. In a close race, Macri, the mayor of Buenos Aires, took 51.4% of the vote compared to 48.6% for Scioli, the governor of Buenos Aires province.
The Evolution of Cooperative Threat Reduction: Issues for Congress
The United States uses a number of policy tools to address the threat of attack using chemical, biological, radiological, and nuclear (CBRN) weapons. These include a set of financial and technical programs known, variously, as cooperative threat reduction (CTR) programs, nonproliferation assistance, or, global security engagement. Congress has supported these programs over the years, but has raised a number of questions about their implementation and their future direction.
Over the years, the CTR effort shifted from an emergency response to impending chaos in the Soviet Union to a broader...
Reauthorization of the Livestock Mandatory Reporting (LMR) Act in the 114th Congress
The U.S. Department of Agriculture’s (USDA's) Agricultural Marketing Service (AMS) collected livestock and meat price and related market information from meat packers on a voluntary basis under the authority of the Agricultural Marketing Act of 1946 (7 U.S.C. §1621 et seq.). However, as the livestock industry became increasingly concentrated in the 1990s, fewer animals were sold through negotiated (cash; or “spot”) purchases and more frequently sold under alternative marketing arrangements that were not publicly disclosed under voluntary reporting. Some livestock producers, believing such...
The U.S. Tsunami Program: A Brief Overview
The National Oceanic and Atmospheric Administration’s (NOAA’s) National Weather Service (NWS) manages two tsunami warning centers that monitor, detect, and issue warnings for tsunamis. The NWS operates the Pacific Tsunami Warning Center (PTWC) at Ford Island, Hawaii, and the National Tsunami Warning Center (NTWC) at Palmer, Alaska.
The tsunami warning centers monitor and evaluate data from seismic networks and determine if a tsunami is likely based on the location, magnitude, and depth of an earthquake. The centers monitor relevant water-level data, typically with tide-level gauges, and...
Legislation Eliminating the Federal Reserve's Surplus
The Fed retains some of its profits in a surplus account, which currently has a balance of $29.3 billion. This report discusses H.Amdt. 824 to the highway bill (H.R. 22) and H.R. 3189, which would permanently eliminate the surplus.
Paris Attacks and "Going Dark": Intelligence-Related Issues to Consider
This report discusses intelligence efforts on tracking numerous individuals involved in the deadly assault in Paris on November 13, 2015.
Chile: Background and U.S. Relations
Chile, located along the Pacific coast of South America, is a politically stable, upper-middle-income nation of 18 million people. In 2013, Michelle Bachelet and her center-left “New Majority” coalition won the presidency and sizeable majorities in both houses of the Chilean Congress after campaigning on a platform of ambitious reforms designed to reduce inequality and improve social mobility. Since her inauguration to a four-year term in March 2014, President Bachelet has signed into law significant changes to the tax, education, and electoral systems. She has also proposed a number of...
France: Efforts to Counter Islamist Terrorism and the Islamic State
This report discusses the commitment of French government to counter Islamist terrorism as the chief security threat facing the country.
Policy Issues Related to Credit Union Lending
Credit unions make loans to their members, to other credit unions, and to corporate credit unions that provide financial services to individual credit unions. There are statutory restrictions on their business lending activities, which the credit union industry has long advocated should be lifted. Specific restrictions on business lending include an aggregate limit on an individual credit union’s member business loan balances and on the amount that can be loaned to one member. Industry spokespersons have argued that easing the restrictions on member business lending could increase the...
Immigration: Visa Security Policies
The November 13, 2015, terrorist attacks in Paris have refocused attention on U.S. visa issuance and national security screening procedures that undergird the admission of foreign nationals to the United States. The visa issuance process is widely recognized as an integral part of immigration control and border security. Foreign nationals (i.e., aliens) not already legally residing in the United States who wish to come to the United States generally must obtain a visa to be admitted. The foreign national must establish that he/she is qualified for the visa under one of the various...
Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2016 Appropriations
The House and Senate Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriations subcommittees are charged with providing annual appropriations for the Department of Transportation (DOT), Department of Housing and Urban Development (HUD), and related agencies. THUD programs receive both discretionary and mandatory budget authority; HUD’s budget generally accounts for the largest share of discretionary appropriations in the THUD bill, but when mandatory funding is taken into account, DOT’s budget is larger than HUD’s budget. Mandatory funding typically accounts...
Taxation of Unemployment Benefits
Unemployment compensation (UC) benefits have been fully subject to the federal income tax since the passage of the Tax Reform Act of 1986 (P.L. 99-514). Under tax law, unemployment compensation is a broad category that includes regular state UC benefits, Extended Benefits (EB), Trade Adjustment Assistance (TAA) benefits, Disaster Unemployment Assistance (DUA), and railroad unemployment benefits, as well as the now expired Emergency Unemployment Compensation (EUC08) benefits.
Individuals who receive UC benefits during a year may elect to have the federal (and in some cases state) income...
The Family and Medical Leave Act: An Overview of Title I
The Family and Medical Leave Act of 1993 (FMLA; P.L. 103-3, as amended) entitles eligible employees to unpaid, job-protected leave for certain family and medical reasons, with continued group health plan coverage.
FMLA requires that covered employers grant up to 12 workweeks in a 12-month period to eligible employees for one or more of the following reasons:
the birth and care of the employee’s newborn child, provided that leave is taken within 12 months of the child’s birth;
the placement of an adopted or fostered child with the employee, provided that leave is taken within 12 months...
Congressional Budget Resolutions: Historical Information
The Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, as amended; 2 U.S.C. 601-688) provides for the annual adoption of a concurrent resolution on the budget each year. The congressional budget resolution represents a budget plan for the upcoming fiscal year and at least the following four fiscal years. As a concurrent resolution, it is not presented to the President for his signature and thus does not become law. Instead, when adopted by Congress, the budget resolution serves as an agreement between the House and Senate on a congressional budget plan. As such, it provides the...
Potential Impact of No Social Security COLA on Medicare Part B Premiums in 2016
Medicare Part B covers physician services, outpatient care, durable medical equipment, laboratory services, and some home health services. Most beneficiaries pay a monthly Part B premium that is set at a rate to cover about 25% of the costs of Part B. The General Fund of the U.S. Treasury covers most of the remaining costs.
These monthly Medicare Part B premiums are automatically deducted from the checks of Social Security beneficiaries. Current projections indicate that there will be no Social Security cost-of-living adjustment (COLA) in 2016, which means that monthly Social Security...
The National Labor Relations Act (NLRA) provides workers with the right to collectively bargain with employers and requires employers to bargain in good faith. The NLRA excludes from the definition of the term “employer” “the United States or any wholly owned government corporation or any state or political subdivision thereof.” The NLRA does not specify whether Indian tribal employers are covered.
Prior to 2004, the National Labor Relations Board (NLRB), the agency responsible for enforcing the NLRA, followed a rule that excluded from the NLRA tribal employers located on tribal land, but...
Securities Fraud Class Action Certification: Halliburton Co. v. Erica P. John Fund, Inc.
On June 23, 2014, the U.S. Supreme Court decided a much-anticipated case in the area of federal securities law: Halliburton Co. v. Erica P. John Fund, Inc. The history of the case spans more than a decade, through three rounds in federal district court and two rounds in the court of appeals and the Supreme Court. All of the cases so far have dealt with the issue of class certification for securities fraud plaintiffs. The merits of the case have not yet been considered.
Class certification is important in the area of securities law because the merits of the case cannot be considered until...
U.S. Grain Standards Act: Reauthorization in the 114th Congress
Under the United States Grain Standards Act (USGSA) of 1916, the federal government is authorized to establish official marketing standards (not health and safety standards) for grains and oilseeds, and to provide procedures for grain inspection and weighing. To encourage the marketing of high-quality grain for an agriculture sector that is highly dependent on export demand, the USGSA requires that exported grains and oilseeds be officially inspected (if sold by grade) and weighed. Domestic shipments do not require official inspection and weighing, but the service is available and is often...
A 5-4 decision, issued over a highly critical dissent, Burwell v. Hobby Lobby Stores, Inc. resolved one of the many challenges raised in response to the contraceptive coverage requirement of the Affordable Care Act (ACA). Imputing the beliefs of owners of closely held corporations to such corporations, the U.S. Supreme Court found that closely held corporations that hold religious objections to certain contraceptive services cannot be required to provide coverage of those services in employee health plans. The Court’s decision was based on the protections offered under the federal...
In June 2010, Immigration and Customs Enforcement (ICE), an agency within the Department of Homeland Security (DHS) with law enforcement responsibilities, altered its structure. Among the changes, ICE created a directorate it named “Homeland Security Investigations” or HSI. HSI, one of the two primary operational directorates to emerge from ICE’s 2010 realignment, combined elements within ICE that focused on criminal investigation. The directorate was designed to pursue criminals and terrorists who “violate [U.S.] customs and immigration laws worldwide.” Criminal investigators working for...
The Medicare Access and CHIP Reauthorization Act of 2015 (MACRA; P.L. 114-10)
On April 16, 2015, President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA; P.L. 114-10), as passed by the Senate on April 14, 2015, and by the House on March 26, 2015. The act repeals the sustainable growth rate (SGR) formula for calculating updates to Medicare payment rates to physicians and establishes an alternative set of annual updates. In addition, MACRA introduces a new merit-based incentive payment system and puts in place processes for developing, evaluating, and adopting alternative payment models (APMs).
The act also extends funding that...
The State Department's Final Decision on the Keystone XL Pipeline
This report briefly discusses the State Department's denial of TransCanada's request for a Presidential Permit for proposed pipeline facilities.
Cybersecurity and Information Sharing: Comparison of H.R. 1560 (PCNA and NCPAA) and S. 754 (CISA)
Effective sharing of information in cybersecurity is generally considered an important tool for protecting information systems from unauthorized access. Five bills on such sharing have been introduced in the 114th Congress—H.R. 234, H.R. 1560, H.R. 1731, S. 456, and S. 754, and relevant provisions have appeared in other bills. The White House has also submitted a legislative proposal and issued an executive order on the topic.
H.R. 1560, the Protecting Cyber Networks Act (PCNA), and H.R. 1731, the National Cybersecurity Protection Advancement Act of 2015 (NCPAA), passed the House the week...
EPA's Clean Power Plan: Implications for the Electric Power Sector
On October 23, 2015, the Environmental Protection Agency (EPA) released the final version of regulations to reduce greenhouse gas (GHG) emissions from existing power plants (also referred to as electric generating units or EGUs by EPA). Since carbon dioxide (CO2) from fossil fuel combustion is the largest source of U.S. GHG emissions, and fossil fuels are used for the majority of electric power generation, reducing CO2 emissions from power plants plays a key role in the Administration’s climate change policy. Under the provisions of the Clean Power Plan (CPP), states must prepare plans...
Native Americans living in tribal areas experience some of the poorest housing conditions in the United States. Native Americans in tribal areas are several times more likely to live in housing that is physically substandard or overcrowded than the U.S. population as a whole. They are also more likely to live in poverty than the general population, further contributing to housing problems. In addition, a number of issues, such as the legal status of tribal land, pose unique barriers to housing for many people living in tribal areas.
In light of these conditions, and the federal...
Title VIII of the Bipartisan Budget Act of 2015 (H.R. 1314, P.L. 114-74) makes several changes to the Social Security programs. Among these changes is a temporary reallocation of the Social Security payroll taxes so that a larger share is deposited in the Disability Insurance (DI) trust fund to extend the life of this trust fund beyond its current predicted exhaustion in 2016. Under this provision, the allocation of the 12.40% Social Security payroll tax assigned to the DI trust fund increases from 1.80% to 2.37% and the allocation to the Old-Age and Survivors Insurance (OASI) trust fund...
The Debt Limit: History and Recent Increases
Congress has always restricted federal debt. The Second Liberty Bond Act of 1917 included an aggregate limit on federal debt as well as limits on specific debt issues. Through the 1920s and 1930s, Congress altered the form of those restrictions to give the U.S. Treasury more flexibility in debt management and to allow modernization of federal financing. In 1939, a general limit was placed on federal debt.
Federal debt accumulates when the government sells debt to the public to finance budget deficits and to meet federal obligations or when it issues debt to government accounts, such as the...
The Iran Hostages: Efforts to Obtain Compensation
Even today, after the passage of some three decades, the 1979-1981 Iran Hostage Crisis remains an event familiar to most Americans. Many might be unaware that the 52 American mostly military and diplomatic personnel held hostage in Tehran for 444 days continue to strive for significant compensation for their ordeal. The former hostages and their families did receive a number of benefits under various civil service laws, and each hostage received from the U.S. government a cash payment of $50 for each day held hostage. The hostages have never received any compensation from Iran through...
Apportioning Seats in the U.S. House of Representatives Using the 2013 Estimated Citizen Population
Congressional apportionment is the process of determining the number of Representatives to which each state is entitled in the U.S. House of Representatives based on the decennial census of population. Congressional redistricting, often confused with apportionment, is the process of revising the geographic boundaries of areas from which voters elect Representatives to the House. The apportionment process is a function of four factors: (1) population size, (2) the number of Representatives or seats to be apportioned, (3) the number of states, and (4) the method of apportionment.
Recently,...
Aiding Israel after the Iran Nuclear Deal: Issues for Congress
This report discusses recent indications from the Obama administration that the United States may provide Israel with additional military aid during the implementation of the Joint Comprehensive Plan of Action (JCPOA) with Iran.
Police Use of Force: Rules, Remedies, and Reforms
Several high-profile police shootings and other law enforcement-related deaths in the United States have sparked intense protests throughout the country and a fierce debate in Congress concerning the appropriate level of force police officers should wield in a society that equally values public safety and the lives of each of its citizens under law. These incidents have been the subject of several congressional hearings, have prompted the introduction of various legislative measures, and have catalyzed a new civil rights movement in the United States aimed at reforming the criminal justice...
House Transportation Bill Would Hold Spending Below Senate Bill
This report discusses the Surface Transportation Reauthorization and Reform Act of 2015 (STRRA), which provides only those spending increases the Congressional Budget Office (CBO) has determined are needed to cover projected inflation in the cost of the existing surface transportation program.
The impeachment process provides a mechanism for removal of the President, Vice President, and other “civil Officers of the United States” found to have engaged in “treason, bribery, or other high crimes and misdemeanors.” The Constitution places the responsibility and authority to determine whether to impeach an individual in the hands of the House of Representatives. Should a simple majority of the House approve articles of impeachment specifying the grounds upon which the impeachment is based, the matter is then presented to the Senate, to which the Constitution provides the sole power...
Is Violent Crime in the United States Increasing?
On August 31, 2015, the New York Times ran an article with the headline “Murder Rates Rising Sharply in Many U.S. Cities.” The story highlighted double-digit percentage increases in homicide rates in several cities, and came on the heels of reports from other media outlets of recent spikes in violent crime in cities across the country. Accounts of rising violent crime rates in some cities have generated speculation about whether the United States is in the midst of a new crime wave.
Overall, homicide and violent crime rates have been trending downward for more than two decades, and both...
Congressional Efforts to Reduce Restrictions on Growing Industrial Hemp
This report briefly discusses U.S. agricultural policies regarding the industrial use of hemp.
Cargo Preferences for U.S.-Flag Shipping
Long-standing U.S. policy has treated the U.S.-flag international fleet as a naval auxiliary to be available in times of war or national emergency. When the United States is involved in an extended military conflict overseas, 90% or more of military cargoes are typically carried by ship. To support the U.S. merchant marine, Congress has required that “government-impelled” cargo sent overseas be carried on U.S.-flag ships. Government-impelled cargo (a.k.a. “preference cargo”) is government-owned cargo, such as military supplies and food aid, and any cargo that is somehow financed by the...
State and Local Government Series (SLGS) Treasury Debt: A Description
On February 4, 2014, in anticipation of no increase in the statutory debt limit, the U.S. Treasury announced in a press release that it would suspend “sales of State and Local Government Series (SLGS) nonmarketable Treasury securities until further notice” on February 7, 2014. The debt limit was extended on February 15, 2014, and the Treasury resumed sales of SLGS on February 18, 2014. As of September 30, 2014, SLGS represented 0.6% ($105.7 billion) of total debt outstanding. Suspending SLGS does not change the debt limit but rather just delays the date when it is reached. Some have...
Federal Reserve: Dividends Paid to Commercial Banks
This report briefly provides background on dividends paid to banks by the Federal Reserve (Fed), which would be reduced in the Senate-passed highway trust fund bill (H.R. 22) as a budgetary offset.
Air Force Bomber Contract Awarded
This report briefly discusses the Department of Defense's recent announcement of its intention to award the contract to build the new Long Range Strike Bomber (LRS-B) to Northrop Grumman Corporation. The program will continue under the LRS-B name; the Air Force has not yet assigned the aircraft a "B-3"-style type designation.
The first clause of the Fourteenth Amendment to the U.S. Constitution, known as the Citizenship Clause, provides that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This generally has been taken to mean that any person born in the United States automatically gains U.S. citizenship, regardless of the citizenship or immigration status of the person’s parents, with limited exceptions such as children born to recognized foreign diplomats. The current rule is often called...
Sentencing Reform: Comparison of Selected Proposals
This is a comparison of selected criminal sentencing reform bills as introduced: H.R. 3713, H.R. 2944, S. 502, and H.R. 920; and S. 2123 as passed by the Senate Judiciary Committee with a manager’s amendment. It consists of narrative and charts comparing the bills with respect to adjustments in the mandatory minimum sentencing provisions that apply to controlled substance and firearms offenses, the safety valve, and retroactive application of the Fair Sentencing Act (FSA).
The SBA Disaster Loan Program: Overview and Possible Issues for Congress
Through its Office of Disaster Assistance (ODA), the Small Business Administration (SBA) has been a major source of assistance for the restoration of commerce and households in areas stricken by natural and human-caused disasters since the agency’s creation in 1953. Through its disaster loan program, SBA offers low-interest, long-term loans for physical and economic damages to businesses to help repair, rebuild, and recover from economic losses after a declared disaster. The majority of the agency’s disaster loans, however (over 80%) are made to individuals and households (renters and...
Recognition of Same-Sex Marriage: Implications for Religious Objections
The U.S. Supreme Court’s landmark decision in Obergefell v. Hodges in June 2015 held that the Fourteenth Amendment of the U.S. Constitution required states to issue marriage licenses to same-sex couples and to recognize same-sex marriages formed in other states. The Court’s decision in Obergefell does not directly address incidental claims related to religious freedom in the context of same-sex marriage. However, the case has generated a number of other questions regarding potential implications of the Court’s decision, particularly with respect to the rights of individuals or entities...
In early November, the Bureau of Prisons (BOP) is scheduled to release approximately 6,000 federal inmates convicted of drug trafficking offenses. This report briefly examines the background of this release and its potential effects.
The Effect of Base-Broadening Measures on Labor Supply and Investment: Considerations for Tax Reform
One source of interest in a tax reform that broadens the base and lowers the rate is the potential increase in growth, as labor supply and investment respond to lower marginal tax rates. Yet, studies of a signature reform in the past, the Tax Reform Act of 1986, found little effect on growth. The act was revenue and distributionally neutral, which is a goal of some recent tax reform proposals. One reason advanced for the limited effects on growth is that the effects of provisions that broaden the base to finance lower statutory rates increase effective marginal tax rates for some...
U.S. Postal Service Workforce Size and Employment Categories, FY1995-FY2014
This report provides data from the past 20 years on the size and composition of the U.S. Postal Service’s (USPS’s) workforce. Reforms to the size and composition of the workforce have been an integral part of USPS’s strategy to reduce costs and regain financial solvency, particularly between FY2007 and FY2014. Since 2007, USPS has experienced significant revenue losses that have affected its ability to manage its expenses. Personnel costs are one of the primary drivers of USPS’s operating expenses. As such, USPS has employed strategies to reform the size and composition of its workforce in...
This report briefly discusses various issues regarding the election process in Haiti. Haiti is in the midst of a national election cycle to fill all 119 seats in the Chamber of Deputies, 20 seats in the 30-seat Senate, and most municipal offices - and to elect a new president.
Points of Order in the Congressional Budget Process
The Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, as amended) created a process that Congress uses each year to establish and enforce the parameters for budgetary legislation. Enforcement of budgetary decisions is accomplished through the use of points of order, and through the reconciliation process. Points of order are prohibitions against certain types of legislation or congressional actions. These prohibitions are enforced when a Member raises a point of order against legislation that may violate these rules when it is considered by the House or Senate.
This report...
This report is an overview of U.S. foreign assistance to the Middle East and North Africa. It includes a review of the President’s FY2016 request for the region, a description of selected country programs, and an analysis of current foreign aid issues. We anticipate updating it annually.
Since 1946, the United States has provided an estimated total of between $282 billion to $292 billion (obligations in current dollars) in foreign assistance to the region. For FY2016, overall non-humanitarian bilateral aid requested for Middle East and North Africa countries amounts to $7.14 billion, or...
Federal Affirmative Action Law: A Brief History
Affirmative action remains a subject of public debate as the result of legal and political developments at the federal, state, and local levels. Over the years, federal courts have reviewed minority admissions programs to state universities; scrutinized the constitutional status of racial diversity policies in public elementary and secondary schools; ruled on minority preferences in public and private employment as a remedy for violation of civil and constitutional rights; and considered federal, state, and local efforts to increase minority participation as contractors and subcontractors...
Greenhouse Gas Pledges by Parties to the United Nations Framework Convention on Climate Change
International negotiations are underway toward an agreement, due in December 2015, under the United Nations Framework Convention on Climate Change (UNFCCC) regarding commitments and actions to address human-related, global climate change from 2020 on. This report summarizes the existing commitments and pledges of selected national and regional governments to limit their greenhouse gas (GHG) emissions as contributions to the global effort.
The negotiations cover additional topics, including adaptation to the impacts of climate change and financing to assist the efforts of low-income...
Federal Aid for Reconstruction of Houses of Worship: A Legal Analysis
In late October 2012, Hurricane Sandy struck the East Coast of the United States, causing severe damage to the mid-Atlantic and northeast regions of the country. The resulting destruction led to major disaster declarations in 12 states and the District of Columbia, making those states eligible for certain federal supplemental assistance to aid in the recovery process. The damage resulting from Hurricane Sandy devastated a wide range of communities, and many individuals and organizations sought federal assistance for recovery, including churches, which, in turn, raised constitutional...
During the state visit on September 24-25, 2015, President Xi Jinping of China and President Barack Obama reached a Cyber Agreement. This report briefly discusses that agreement.
International Crises and Disasters: U.S. Humanitarian Assistance Response Mechanisms
The majority of humanitarian emergencies worldwide stem from natural disasters or from conflicts. Congress has consistently supported humanitarian efforts as a means of saving lives, promoting stability, and furthering U.S. foreign policy objectives. Intervention results in varying amounts of relief and recovery assistance and can have an important impact not only on the relief operation itself but on broader foreign policy issues. In the 114th Congress, international humanitarian and refugee assistance is expected to continue to have a strong measure of bipartisan interest, with key...
U.S. Natural Gas Exports and the Trans-Pacific Partnership (TPP) Agreement
On October 5, 2015, President Obama announced the conclusion of negotiations for the Trans-Pacific Partnership (TPP), a free trade agreement (FTA) among the United States and 11 other Asia-Pacific nations - Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. This report briefly discusses the agreement and its potential effects.
Alternative Inflation Measures for the Social Security Cost-of-Living Adjustment (COLA)
Monthly Social Security payments for retired workers, disabled workers, and all other beneficiaries are generally increased annually by a cost-of-living adjustment (COLA), which is based on growth in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), a measure of inflation calculated by the Bureau of Labor Statistics (BLS). Several proposals would base the COLA on other measures of inflation produced by the BLS. Some would set the Social Security COLA equal to growth in the Chained CPI for All Urban Consumers (C-CPI-U), which is projected to reduce Social...
Less-than-Nationwide Ceasefire Agreement Signed in Burma
Eight ethnic groups and representatives of Burma's government signed a ceasefire agreement on October 15, possibly moving the country one step closer to ending its six decade long civil war. This report briefly discusses the process that lead to the agreement and its implications.
Sentence Reform Acts: S. 2123 and H.R. 3713
As introduced, the Sentencing Reform and Corrections Act of 2015, S. 2123, and the Sentencing Reform Act of 2015, H.R. 3713, use virtually identical language to reduce the impact of the mandatory minimum sentences which federal courts must now impose for certain drug trafficking and firearms offenses.
Key Takeaways
Existing law requires long minimum sentences for certain drug traffickers who have prior drug convictions. S. 2123 and H.R. 3713 would shorten the mandatory minimums, but apply them for both prior drug and violent felony convictions.
The safety valve permits judges to ignore...
The Discharge Rule in the House: Principal Features and Uses
The “discharge rule” of the House of Representatives allows a measure to come to the floor for consideration even if the committee of referral does not report it and the leadership does not schedule it. To initiate this action, a majority of House Members must first sign a petition for that purpose. After a petition has garnered 218 signatures, a motion to discharge may then be offered on the floor—but only after at least seven legislative days and only on a second or fourth Monday of a month.
The rule allows for two main methods of action: (1) The committee of referral may be discharged...
The Internet of Things: Frequently Asked Questions
“Internet of Things” (IoT) refers to networks of objects that communicate with other objects and with computers through the Internet. “Things” may include virtually any object for which remote communication, data collection, or control might be useful, such as vehicles, appliances, medical devices, electric grids, transportation infrastructure, manufacturing equipment, or building systems.
In other words, the IoT potentially includes huge numbers and kinds of interconnected objects. It is often considered the next major stage in the evolution of cyberspace. Some observers believe it might...
Public Health Service Agencies: Overview and Funding (FY2010-FY2016)
Within the Department of Health and Human Services (HHS), eight agencies are designated components of the U.S. Public Health Service (PHS). The PHS agencies are funded primarily with annual discretionary appropriations. They also receive significant amounts of funding from other sources including mandatory funds from the Affordable Care Act (ACA), user fees, and third-party reimbursements (collections).
The Agency for Healthcare Research and Quality (AHRQ) funds research on improving the quality and delivery of health care. For several years prior to FY2015, AHRQ did not receive a direct...
Colombian Peace Talks Breakthrough: A Possible End- Game?
This report briefly discusses the recent breakthrough reached in talks between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) just a day after Pope Francis left Cuba, following more than 40 rounds of discussions held in Havana since November 2012.
Meat Animal Research Center: The Animal Welfare Act and Farm Animal Research
On January 19, 2015, the New York Times (NYT) published an exposé of research activities at the Roman L. Hruska U.S. Meat Animal Research Center located near Clay Center, Nebraska. The Center is a U.S. Department of Agriculture (USDA) facility overseen by USDA’s Agricultural Research Service (ARS). A veterinarian, who had worked at the Center for 24 years, approached the newspaper after his concerns about animal welfare conditions apparently went unanswered by the Center. The news article described “unsanitary housing and brutal treatment of pigs; violent forced mating between bulls and...
Impact Aid, Title VIII of the Elementary and Secondary Education Act: A Primer
The Impact Aid program, administered by the U.S. Department of Education (ED) and authorized by Title VIII of the Elementary and Secondary Education Act (ESEA) is one of the oldest federal education programs, dating from 1950. Impact Aid compensates local educational agencies (LEAs) for “substantial and continuing financial burden” resulting from federal activities. These activities include federal ownership of certain lands, as well as the enrollments in LEAs of children whose parents work or live on federal land and children living on Indian lands. The federal government provides...
Issues in a Tax Reform Limited to Corporations and Businesses
Some tax proposals have focused on broadening the tax base and lowering the rates of both individual and corporate income taxes. In some cases, these proposals have advanced a revenue-neutral tax reform. In other instances, they have proposed revenue increases. An example of a broad-based revenue-neutral income tax reform is H.R. 1 introduced in the 113th Congress by then Ways and Means Chairman Dave Camp. The bill proposed lowering both individual and corporate rates, while increasing the tax base through revising both business-related tax benefits (such as accelerated depreciation) and...
Conflict Minerals and Resource Extraction: Dodd-Frank, SEC Regulations, and Legal Challenges
Two sections of the Dodd-Frank Wall Street Reform and Protection Act (Dodd-Frank) require that the Securities and Exchange Commission (SEC or Commission) issue regulations to make public the involvement of U.S. companies in conflict minerals and in resource extraction payments. Both sections have been subject to litigation. As of the date of this report, the rules pursuant to Section 1502 are in effect, with the exception of the disclosure requirements being reviewed by the Court of Appeals for the D.C. Circuit. The SEC continues its rulemaking proceedings under Section 1504.
Key Takeaways...
Runaway and Homeless Youth Act: Current Issues for Reauthorization
The Runaway and Homeless Youth program is authorized by the Runaway and Homeless Youth Act, and funds organizations throughout the country to provide services to youth who have run away and/or experience homelessness. The program, which is administered by the U.S. Department of Health and Human Services (HHS), includes three components: (1) the Basic Center program (BCP), which provides outreach, temporary shelter, and counseling for up to 21 days to youth under age 18 who have run away or are homeless; (2) the Transitional Living program (TLP), which supports residential services and...
Pharmaceutical Patent-Antitrust: Reverse Payment Settlements and Product Hopping
Congressional attention has recently been directed towards two practices within the pharmaceutical industry. The first pertains to “reverse payment” or “pay-for-delay” settlements of patent litigation. Under this scenario, a generic firm agrees to neither challenge the brand-name company’s patents nor sell a generic version of the patented drug for a period of time. In exchange, the brand-name drug company agrees to compensate the generic firm, sometimes with substantial monetary payments over a number of years. Because the payment flows counterintuitively, from the patent owner to the...
The Elementary and Secondary Education Act (ESEA) was last comprehensively reauthorized by the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110). During the 114th Congress, the House Education and the Workforce Committee reported the Student Success Act (H.R. 5), which would provide for a comprehensive reauthorization of the ESEA. The bill was subsequently passed on the House floor on July 7, 2015. The Senate Health, Education, Labor, and Pensions (HELP) Committee reported the Every Child Achieves Act of 2015 (ECAA; S. 1177), which was subsequently passed on the Senate floor on July...
Integrated Mortgage Disclosure Forms and H.R. 3192 and S. 1484/S. 1910: In Brief
On November 20, 2013, the Consumer Financial Protection Bureau (CFPB) issued the TILA-RESPA Integrated Disclosure (TRID) Final Rule that would require mortgage lenders to use more easily understood and streamlined mortgage disclosure forms. The Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA) have long required lenders to provide consumers disclosures about the estimated and actual real estate settlement costs and financial terms of the mortgages they offer. These disclosures are intended to help consumers compare the terms and make informed decisions...
2015 Leaders' Summit on U.N. Peacekeeping
This report discusses the outcome of the 2015 Leaders' Summit on U.N. Peacekeeping, which might elevate ongoing congressional interest in several policy issues related to U.N. peacekeeping.
“Amazon Laws” and Taxation of Internet Sales: Constitutional Analysis
As more purchases are made over the Internet, states are looking for new ways to collect taxes on online sales. There is a common misperception that the U.S. Constitution prohibits states from taxing Internet sales. This is not true. States may impose sales and use taxes on such transactions, even when the retailer is outside the state. However, if the seller does not have a constitutionally sufficient connection (“nexus”) to the state, then the seller is under no enforceable obligation to collect the tax and remit it to the state. The purchaser is still generally responsible for paying...
Overview of the FY2016 Continuing Resolution (H.R. 719)
The purpose of this report is to provide an analysis of the FY2016 continuing appropriations in H.R. 719. None of the FY2016 regular appropriations bills were enacted by the start of the fiscal year (October 1, 2015). On September 30, 2015, H.R. 719, a continuing resolution (CR) for FY2016, was signed into law by the President (P.L. 114-53).
The CR for FY2016 covers all 12 regular appropriations bills by providing continuing budget authority for projects and activities funded in FY2015 by that fiscal year’s regular appropriations acts, with some exceptions. It includes both budget...
Klamath Basin Settlement Agreements
The Klamath River Basin on the California-Oregon border is a focal point for local and national discussions on water allocation and species protection. Previously, water and species management issues have exacerbated competition and generated conflict among several interests—farmers; Indian tribes; commercial and sport fishermen; federal water project and wildlife refuge managers; environmental groups; hydropower facility operators; and state, local, and tribal governments. Drought conditions and a call for water by senior water rights holders in 2013 have again brought these issues to the...
Disconnected Youth: A Look at 16 to 24 Year Olds Who Are Not Working or In School
In recent years, policymakers and youth advocates have focused greater attention on young people who are neither working nor in school. Generally characterized as “disconnected,” these youth may also lack strong social networks that provide assistance in the form of employment connections and other supports such as housing and financial assistance. Without attachment to work or school, disconnected youth may be vulnerable to experiencing negative outcomes as they transition to adulthood. The purpose of the report is to provide context for Congress about the characteristics of disconnected...
Presidential Vetoes of Annual Defense Authorization Bills
This report briefly discusses the historical precedent of Defense Secretary Ashton B. Carter's recommendation that President Obama veto the conference report on H.R. 1735, the National Defense Authorization Act (NDAA) for FY2016. If Obama were to veto the measure, it would mark the fifth time since 1961 that a president has vetoed that measure.
Taxation of Internet Sales and Access: Legal Issues
In recent years, there has been significant congressional interest in the states’ ability to impose sales and use taxes on sales made over the Internet. While these taxes are imposed on the consumer, states generally prefer that retailers collect and remit them, rather than relying on the consumer to pay the tax. State laws requiring retailers to collect sales and use taxes are subject to federal law. First, such laws must comply with the U.S. Constitution, of which two provisions are particularly relevant—the dormant Commerce Clause and the Fourteenth Amendment’s Due Process Clause....
Poverty in the United States in 2014: In Brief
In 2014, approximately 46.7 million people, or 14.8% of the population, had incomes that fell below the official definition of poverty in the United States. Neither the number of people in poverty, nor the poverty rate (the percentage that were in poverty), had changed discernably from the previous year.
In this brief, the numbers and percentages of those in poverty are based on the Census Bureau’s estimates. While the official measure is regarded as a statistical yardstick rather than as a complete description of what people and families need to live, it does offer a measure of economic...
EPA's New Ozone Standards: A Few Thoughts
This report discusses the EPA's review of the National Ambient Air Quality Standards (NAAQS). After several years of analysis, EPA proposed more stringent standards last November. This began a public comment period, leading toward the final decision.
Emerging Markets: Is Slower Growth Temporary?
This report discusses the growing vulnerabilities Emerging market (EM) countries are facing due to declining global trade, depreciating currencies, sharply lower commodity prices, volatile equity markets, and deeper economic reforms.
Mexico's Oil and Gas Sector: Background, Reform Efforts, and Implications for the United States
The future of oil and natural gas production in Mexico is of importance for both Mexico’s economic growth, as well as for U.S. energy security, a key congressional interest. Mexico is a top trade partner and the third-largest crude oil supplier to the United States. Mexico’s state oil company, Petroleos Mexicanos (Pemex) remains an important source of government revenue even as it is struggling to counter declining oil production and reserves. Due to an inability to meet rising demand, Mexico has also significantly increased natural gas imports from the United States. Still, gas shortages...
The Lord’s Resistance Army: The U.S. Response
The Lord’s Resistance Army (LRA), led by Joseph Kony, is a small, dispersed armed group active in remote areas of Central Africa. The LRA’s infliction of widespread human suffering and its potential threat to regional stability have drawn significant attention in recent years, including in Congress. Campaigns by U.S.-based advocacy groups have contributed to policymakers’ interest.
Since 2008, the United States has provided support to Ugandan-led military operations to capture or kill LRA commanders, which since 2012 have been integrated into an African Union (AU) “Regional Task Force”...
Constitutional Implications of State GE Food Labeling Laws
The labeling of genetically engineered (GE) foods, sometimes referred to as genetically modified foods (GMO foods), has been the subject of debate among members of the general public, industry participants, and federal and state governments. Grocery Manufacturers Association v. Sorrell serves as a case study on the constitutional implications of state GE food labeling laws and provides some insight on the judicial consideration of GE labeling as Congress considers GE labeling legislation in the 114th Congress.
Key Takeaways of This Report
The Food and Drug Administration (FDA) does not...
The Supreme Court in its last term by a vote of 6-3 invalidated a statute passed by Congress touching on the status of Jerusalem, affirming the U.S. Court of Appeals for the D.C. Circuit decision in Zivotofsky v. Secretary of State that the President’s power to recognize foreign sovereigns is exclusive and trumps Congress’s authority to regulate passports. The Court’s decision in Zivotofsky v. Kerry (Zivotofsky II) represents the first time the Court has struck down a congressionally enacted law on the basis of a separation-of-powers infringement involving a matter of foreign affairs. At...
The World Trade Organization Agreement on Technical Barriers to Trade and Recent Food Labeling Cases
The World Trade Organization’s (WTO) Agreement on Technical Barriers to Trade (TBT Agreement) contains obligations that WTO members must adhere to when they impose requirements on a product’s characteristics. Countries typically implement such requirements in order to protect human health or the environment, prevent deceptive practices, or further other legitimate policy goals. However, these measures can be trade-distorting, and sometimes countries implement such regulations solely to protect domestic markets. To that end, the TBT Agreement is intended to balance the need to protect...
The Constitution provides Congress with the power to punish and discipline its Members. Since the House Committee on Ethics was created during the 90th Congress, it has been authorized to investigate allegations of misconduct against Members and staff, and if necessary, recommend sanctions that are then considered by the whole House. This report examines instances when the House Ethics Committee has recommended a sanction, and amendments or alternatives have been considered on the House floor. Since the committee’s creation, the House has attempted to amend sanction recommendations only a...
The FY2016 Continuing Resolution (H.R. 719)
This report discusses a resolution which would provide temporary funding to continue federal government operations through the beginning of the fiscal year, until annual appropriations acts could be enacted.
In 2015, the Supreme Court issued a decision in Young v. United Parcel Service. In the case, a United Parcel Service (UPS) worker named Peggy Young challenged her employer’s refusal to grant her a light-duty work assignment while she was pregnant, claiming that UPS’s actions violated the Pregnancy Discrimination Act (PDA), a federal law that prohibits pregnancy discrimination in employment. In a highly anticipated ruling, the Justices fashioned a new test for determining when an employer’s refusal to provide accommodations for a pregnant worker constitutes a violation of the PDA, and the...
Floor Consideration of Conference Reports in the Senate
When a conference committee approves its report, the next step in the legislative process is for the report, along with a joint explanatory statement of the managers, to be presented to the House and Senate for consideration. A conference report must be considered in one chamber at a time when a chamber is in possession of the official conference papers. The papers consist of the conference report as well as the bill and the amendment(s) sent to conference.
Economic Effects of the FY2014 Shutdown
This report provides an info-graphic discussing the economic effects of the FY2014 shutdown.
Queen-of-the-Hill Rules in the House of Representatives
Congressional Research Service 7-5700 www.crs.gov RS20313 Contents Special Rules and the Amending Process 1 King-of-the-Hill: Predecessor to Queen-of-the-Hill 1 Queen-of-the-Hill 2
Tables Table 1. Queen-of-the-Hill Rules 2
Contacts Author Contact Information 2
Summary A special rule is a House resolution intended to regulate floor consideration of a specific legislative measure named in the resolution. When adopted by the House, the requirements prescribed by a special rule can supersede the standing rules of the House (as well as rulemaking provisions in statutes such as the...
Disparate Impact Claims Under the Fair Housing Act
The Fair Housing Act (FHA) was enacted “to provide, within constitutional limitations, for fair housing throughout the United States.” It prohibits discrimination on the basis of race, color, religion, national origin, sex, physical and mental handicap, and familial status. Subject to certain exemptions, the FHA applies to all sorts of housing, public and private, including single family homes, apartments, condominiums, and mobile homes. It also applies to “residential real estate-related transactions,” which include both the “making [and] purchasing of loans ... secured by residential...
Senate Conferees: Their Selection and Authority
Conference committees usually prepare the final versions of the most important bills that Congress approves. Who the conferees are and what decisions they can make, therefore, can have an important effect on the outcome of the legislative process. This report describes the selection and authority of Senate conferees.
Funding and Financing Highways and Public Transportation
Federal surface transportation programs are currently funded primarily through taxes on motor fuels that are deposited in the Highway Trust Fund (HTF). Although there has been some modification to the tax system, the tax rates, which are fixed in terms of cents per gallon, have not been increased at the federal level since 1993. Prior to the recession that began in 2007, annual increases in driving, with a concomitant increase in fuel use, were sufficient to keep revenues rising steadily. This may no longer be the case. Although vehicle miles traveled have recently returned to...
Reports of “waste, fraud, and abuse” in federal contracting often prompt questions about what the government can do to hold its vendors accountable for failure to perform as required under their contracts, or for legal violations or other misconduct unrelated to contract performance. Broadly speaking, the government can be seen as having two types of legal recourse available to it in such situations. The first type involves rights provided to the government as terms of its contracts, which the government may exercise without resort to judicial proceedings. The second type involves other...
Syrian Refugee Admissions to the United States
This report discusses the U.S.'s plans to admit Syrian and other refugees in FY2016 and beyond. The Obama Administration initially proposed an overall refugee ceiling of 75,000 for FY2016 and held consultations with Congress on that proposal, as required by law.
Restrictions on Trade in Elephant Ivory
For decades, illegal trade in elephant ivory has threatened the viability of wild populations of the Asian elephant (Elephas maximus) and the African elephant (Loxodonta africana). To reduce the United States’ contribution to the demand for illegal elephant ivory, President Obama announced in February 2014 that his Administration would “strengthen enforcement” of U.S. laws governing the trade as part of his National Strategy for Combating Wildlife Trafficking. Shortly thereafter, the Department of the Interior’s (DOI’s) Fish and Wildlife Service (FWS or Service) took administrative actions...
Copyright Licensing in Music Distribution, Reproduction, and Public Performance
This report provides an overview of the complexities of the Copyright Act’s provisions concerning music licensing. It also discusses four issues involving copyrights in musical works and sound recordings that have been the subject of recent congressional and judicial consideration: (1) extending copyright protection to pre-1972 sound recordings; (2) requiring radio broadcasters to compensate recording artists; (3) changing the standard used to calculate royalties for digital music transmissions; and (4) modifying antitrust consent decrees governing songwriter performance royalties....
The National Wild and Scenic Rivers System: A Brief Overview
The Wild and Scenic Rivers Act of 1968 (P.L. 90-542, 16 U.S.C. §§1271 et seq.) created the National Wild and Scenic Rivers System. The act established a policy of preserving designated free-flowing rivers for the benefit and enjoyment of present and future generations and to complement the then-current national policy of constructing dams and other structures along many rivers.
River units designated as part of the system are classified and administered as wild, scenic, or recreational rivers, based on the condition of the river, the amount of development in the river or on the shorelines,...
Canada's October 2015 Elections
This report discusses the political climate in Canada, leading up to Canada's next election, scheduled for October 19, 2015. The outcome of the election may have implications for the United States, which is Canada's largest trading partner, largest energy consumer, and NATO ally.
Oversight of the Inspector General Community: The IG Council’s Integrity Committee
The federal government has more than 70 federal inspectors general (IGs) who are vested with authority to combat waste, fraud, and abuse in their affiliated departments and agencies. This community of IGs serves a key role in assisting congressional oversight by conducting audits, investigations, and evaluations of their affiliated agencies, and by providing written reports at least two times a year to Congress.
The Inspector General Act of 1978 (5 U.S.C. Appendix), as amended, establishes an Integrity Committee (IC) that serves to oversee the appropriate conduct of high-ranking employees...
Russian Deployments in Syria Complicate U.S. Policy
This report briefly discusses Russia's military presence in Syria. In recent weeks, Russia has moved military equipment and personnel to Syria, which could potentially be used to resupply the Asad regime or lead to a direct Russian intervention in the Syrian civil war.
Human Rights in China and U.S. Policy: Issues for the 114th Congress
This report examines human rights issues in the People’s Republic of China (PRC), including ongoing rights abuses, and legal developments. Major events of the past two years include a clampdown on political dissent and civil society and an escalation of violence in Xinjiang, which many experts attribute at least in part to repressive government policies. Some observers view the closing of the “Re-education Through Labor” penal system as a potentially positive development, although many PRC citizens still are subject to various forms of extra-legal detention. Other, ongoing human rights...
The Amending Process in the House of Representatives
Congressional Research Service 7-5700 www.crs.gov 98-995 Summary Most amendments that Representatives propose to legislation on the House floor are offered in the Committee of the Whole. Measures considered under suspension of the rules are not subject to floor amendments, and few amendments are proposed to bills and resolutions considered in the House or in the House as in Committee of the Whole. The House’s procedures recognize distinctions between first- and second-degree amendments, between perfecting and substitute amendments, and among amendments in the forms of motions to strike, to...
Flow of Business: A Typical Day on the Senate Floor
Congressional Research Service 7-5700 www.crs.gov 98-865 Summary Several authorities govern the daily work in the Senate chamber: its standing rules, standing orders, unanimous consent agreements, precedent, and tradition. Because these authorities have different influence at certain times, no Senate session day is truly “typical.” This report discusses procedures that usually occur every session day and notes certain business items that occur less frequently. This report will be revised as events warrant. Contents Legislative and Calendar Days/Morning Hour and Morning Business 1 Items of...
Expedited Procedures in the House: Variations Enacted into Law
Congressional Research Service 7-5700 www.crs.gov RL30599 Summary Congress enacts expedited, or fast-track, procedures into law when it wants to increase the likelihood that one or both houses of Congress will vote in a timely way on a certain measure or kind of measure. These procedures are enacted as rule-making provisions of law pursuant to the constitutional power of each house to adopt its own rules. The house to which a set of expedited procedures applies may act unilaterally to waive, suspend, amend, or repeal them. Sets of expedited procedures, as they affect the House of...
Section 924(c) requires the imposition of one of a series of mandatory minimum terms of imprisonment upon conviction for misconduct involving the firearm and the commission of a federal crime of violence or a federal drug trafficking offense. The terms vary according to the type of firearm used, the manner of the firearm’s involvement, and whether the conviction involves a single, first-time offense. Liability extends to co-conspirators and to those who aid or abet in the commission of a violation of the section.
If a machine gun, silencer, short barreled rifle, short barreled shotgun, or...
The Amending Process in the Senate
A bill is subject to amendment as soon as the Senate begins to consider it. Committee amendments are considered first; then Senators can offer amendments to any part of the bill, generally, in any order. Senators may debate each amendment without limit unless the Senate (1) agrees to a motion to table (kill) the amendment, (2) agrees to a unanimous consent request to limit debate on the amendment, or (3) invokes cloture, limiting debate on the amendment or on the bill and all amendments to it.
There are several different types of amendments. A first-degree amendment proposes to change the...
The President Pro Tempore of the Senate: History and Authority of the Office
The U.S. Constitution establishes the office of the President pro tempore of the Senate to preside over the Senate in the Vice President’s absence. Since 1947, the President pro tempore has stood third in line to succeed to the presidency after the Vice President and the Speaker of the House.
Although the President pro tempore’s powers are limited and not comparable to those of the Speaker of the House, as the chamber’s presiding officer, he is authorized to perform certain duties. For example, he may decide points of order (subject to appeal) and enforce decorum in the Senate chamber and...
Powering Africa: Challenges of and U.S. Aid for Electrification in Africa
The largest infrastructure deficit in sub-Saharan Africa, a region mostly made up of low income developing countries, is in the power sector, according to the World Bank. Rates of access to electricity in Africa are very low by global standards, notably in rural areas. About 57% of Africans, or about 621 million people, lack access to electricity (also referred to as “power” in this report). Whether measured in terms of generation and distribution capacity, electricity consumption, or security of supply, Africa’s power sector delivers a fraction of the service needed or found elsewhere in...
This report discusses issues leading up to Greece's snap legislative election on September 20, only eight months after the country's last election. Greece continues to struggle with the negative repercussions of a sovereign debt and financial crisis that began in 2009.
Federal Credit Programs: Comparing Fair Value and the Federal Credit Reform Act (FCRA)
The U.S. government uses direct loans and loan guarantees in a range of policy areas. More than 100 direct federal loans and private financial institution loans guaranteed by the government, known as federal credit programs, are available to individuals and firms. The credit programs support a wide range of economic activities, including home ownership, education, small business, farming, energy, infrastructure investment, and exports. At the end of fiscal year (FY) 2014, outstanding federal credit totaled $3.3 trillion, with direct loans at $1.0 trillion and loan guarantees at $2.3...
The Toxic Substances Control Act (TSCA): A Summary of the Act and Its Major Requirements
This report summarizes the Toxic Substances Control Act (TSCA) and the major regulatory programs dealing with chemical production and distribution in U.S. commerce. Issues related to TSCA implementation over time are addressed in CRS Report RL34118, The Toxic Substances Control Act (TSCA): Implementation and New Challenges, by Linda-Jo Schierow.
President Ford signed TSCA into law on October 11, 1976. Subsequently, five titles were added to address specific concerns—asbestos in 1986 (Title II, P.L. 99-519), radon in 1988 (Title III, P.L. 100-551), lead in 1992 (Title IV, P.L. 102-550),...
Procedures for Congressional Action in Relation to a Nuclear Agreement with Iran: In Brief
An April 2015 framework for negotiations on a comprehensive nuclear agreement with Iran suggests that a final agreement that would ease many existing sanctions on Iran might be reached. Amid concerns among some in Congress about the terms of the potential agreement with Iran, Congress passed, and the President signed, the Iran Nuclear Agreement Review Act of 2015 (P.L. 114-17). The act establishes a period for Congress to review any comprehensive agreement with Iran, during which certain presidential actions to provide relief from sanctions on Iran are barred. It also provides for...
Pension Sponsorship and Participation: Summary of Recent Trends
This report discusses trends that will affect the economic well-being of future retirees.
Surface Transportation Program Reauthorization Issues for Congress
The Moving Ahead for Progress in the 21st Century Act (MAP-21; P.L. 112-141), a two-year authorization of federal spending on highway and public transportation programs, surface transportation safety and research, and some rail programs, was set to expire September 30, 2014. MAP-21 has been extended three times since then, most recently through October 29, 2015, by the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114-41). That legislation also transferred $8.07 billion from the Treasury general fund to the Highway Trust Fund (HTF).
Nearly all the...
The FY2014 Government Shutdown: Economic Effects
The federal government experienced a funding gap beginning on October 1, 2013, which ended when the Continuing Appropriations Act, 2014 (P.L. 113-46) was signed into law on October 17, 2013. This funding gap resulted in a “government shutdown” and the furlough of federal employees who were not excepted. The Continuing Appropriations Act, 2014 also temporarily suspended the statutory debt limit through February 7, 2014. This report discusses the effects of the FY2014 government shutdown on the economy.
The government shutdown had both direct and indirect effects on economic growth. It...
Affirmative Action and Diversity in Public Education: Legal Developments
Almost four decades after the Supreme Court ruling in Regents of the University of California v. Bakke, the diversity rationale for affirmative action in public education remains a topic of political and legal controversy. Many colleges and universities have implemented affirmative action policies not only to remedy past discrimination, but also to achieve a racially and ethnically diverse student body or faculty. Justice Powell, in his opinion for the Bakke Court, stated that the attainment of a diverse student body is “a constitutionally permissible goal for an institution of higher...
Unmanned Aircraft Systems (UAS): Commercial Outlook for a New Industry
Unmanned aircraft systems (UAS)—commonly referred to as drones—have become a staple of U.S. military reconnaissance and weapons delivery in overseas war zones such as Afghanistan. Now some new technologies and pending federal regulations are enabling the manufacture and use of UAS in domestic commerce, giving rise to a growing commercial UAS industry.
Flying small, unmanned aircraft has been a hobbyists’ pastime for decades. However, the Federal Aviation Administration (FAA) currently prohibits the use of UAS for commercial purposes, except where it has granted an exemption permitting...
Spectrum Policy: Provisions in the 2012 Spectrum Act
The Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96, signed February 22, 2012) contains provisions in Title VI that expedite the availability of spectrum for commercial mobile broadband. The provisions in Title VI—also known as the Public Safety and Spectrum Act, or the Spectrum Act—cover reallocation of spectrum, new assignments of spectrum rights, and changes in procedures for repurposing spectrum used by the federal government. The act establishes a process for television broadcasters to release spectrum licensed to them for auction as commercial licenses (Broadcast...
Statutory Qualifications for Executive Branch Positions
In the aftermath of Hurricane Katrina, some Members of Congress and others questioned the competence of leadership at the Federal Emergency Management Agency (FEMA). After investigating the federal response to the hurricane, the Senate Committee on Homeland Security and Governmental Affairs concluded that the agency’s leader had “lacked the leadership skills that were needed for his critical position.” In response, the Post-Katrina Emergency Management Reform Act of 2006 (P.L. 109-295, 120 Stat. 1394) stipulated that the FEMA Administrator, among other top agency leaders, must meet certain...
Veterans’ Benefits: Pension Benefit Programs
This report discusses selected veteran pension programs administered by the Department of Veterans Affairs (VA):
The Improved Disability Pension makes payments to certain low-income veterans. In FY2013, the program paid an average benefit of about $11,300 to about 310,000 beneficiaries.
The Improved Death Pension makes payments to certain low-income spouses or children of deceased veterans. In FY2013, the program paid an average benefit of about $7,000 to about 210,000 beneficiaries.
The Medal of Honor Pension makes payments to veterans who were awarded the Medal of Honor. Fewer than 100...
An Analysis of Efforts to Double Federal Funding for Physical Sciences and Engineering Research
Federal funding of physical sciences and engineering (PS&E) research has played a substantial role in U.S. economic growth and job creation by creating the underlying knowledge that supports technological innovation. Some Members of Congress and leaders in industry and academia have expressed concern that recent public investments in these disciplines have been inadequate in light of the emergence of new global competitors and the science and technology-focused investments of other nations. A 2005 National Academies report, Rising Above the Gathering Storm: Energizing and Employing America...
Temporary Assistance for Needy Families (TANF): Financing Issues
The Temporary Assistance for Needy Families (TANF) block grant provides grants to states, Indian tribes, and territories to help them fund a wide range of benefits and services for needy families with children. It was created in the 1996 welfare reform law, which rewrote the rules for cash assistance programs for these families. The 1996 law also created TANF as a broad-purpose block grant with state flexibility to design programs to address both the effects of and root causes of childhood economic disadvantage.
TANF funding is based on the amount of federal and state expenditures in its...
Pope Francis and Selected Global Issues: Background for Papal Address to Congress
Pope Francis (born Jorge Mario Bergoglio) assumed the papacy on March 13, 2013, following the surprise resignation of Pope Benedict XVI (Joseph Ratzinger), who had served as pope since the death of St. Pope John Paul II (Karol Józef Wojtya) in 2005. The pope, respectfully referred to as “Your Holiness,” serves as head of the Holy See (diocese) of Rome and as the leader of the world’s roughly 1.2 billion Catholics. He is the first pope elected from Latin America, the first Jesuit pope (an order of priests founded by Ignatius Loyola), and the first pope in recent times who spent much of his...
The National Science Foundation: Background and Selected Policy Issues
The National Science Foundation (NSF) supports both basic research and education in the non-medical sciences and engineering. Congress established the foundation in 1950 and directed it to “promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense; and for other purposes.” The NSF is a major source of federal support for U.S. university research, especially in certain fields such as mathematics and computer science. It is also responsible for significant shares of the federal science, technology, engineering, and mathematics...
Drought Legislation: Comparison of Selected Provisions in H.R. 2898 and S. 1894
Several western states are experiencing extreme, and in some cases exceptional, drought conditions. The persistence and intensity of the current drought has received considerable attention from Congress. To date, federal legislative proposals to address drought have focused on the federal role in managing water supplies, supporting drought-related projects and programs, and conserving fish species and their habitat.
A number of bills in the 114th Congress include proposals to address drought, including S. 176, S. 1837, S. 1894, H.R. 2898, and H.R. 3045, among others. Two of these bills...
VA Accountability Act of 2015 (H.R. 1994) as Passed by the House
This report describes H.R. 1994, 114th Congress, 1st Session, the VA Accountability Act of 2015, as passed by the House on July 29, 2015, and compares its sections to current law where appropriate. Sections 1 through 10 were reported by the Committee on Veterans Affairs. Section 11 was added as a floor amendment.
Section 1 is the short title, “VA Accountability Act of 2015.” Section 2 would authorize the Secretary of Veterans Affairs to expedite removing or demoting most employees for misconduct. Section 3 would require an individual appointed to a permanent position in the competitive...
U.S. Catfish Industry and Foreign Trade: A Fact Sheet
Catfish Industry Channel catfish Mississippi, Alabama, Arkansas Fillets frozen Aquaculture Seafood Catch Fisheries Farming Freshwater, Marine Vietnam, Asia Farm Bill, 2008, 2014 Trade Basa, Tra Antidumping duties Labeling USDA, U.S. Department of Agriculture FDA, Food and Drug Administration USITC, U.S. International Trade Commission
In 2014 and 2015, reports of Special Weapons and Tactics (SWAT) teams used by law enforcement agencies in allegedly questionable raids or in what appeared to be aggressive responses to public disturbances generated interest among policymakers in federal tactical teams. There is no single source for data on federal tactical teams. The Congressional Research Service (CRS) surveyed federal agencies with law enforcement personnel to collect basic information on any tactical teams they maintain.
The number of tactical teams has proliferated among American law enforcement since the first SWAT...
Long Range Strike Bomber Begins to Emerge
This report discusses the U.S. Air Force's top three procurement priorities, including the LRS-B program, which is intended to yield 80 to 100 strategic bombers to replace aging B-52s and B-1s, beginning in the mid-2020s.
History and Authority of the Joint Economic Committee
Congressional Research Service 7-5700 www.crs.gov R41519 Summary The Joint Economic Committee was first established by the Employment Act of 1946 in order to monitor the subjects included in the President’s yearly Economic Report, identify ways to coordinate federal government programs in relation to economic matters, and produce a yearly report in response to the President’s Economic Report. This role was later expanded to include the issuance of a monthly publication on economic indicators and the submission of a report to the House and Senate Budget Committees analyzing the short- and...
Across-the-Board Rescissions in Appropriations Acts: Overview and Recent Practices
As the annual appropriations process draws to a close each fiscal year, Congress and the President must often come to an agreement not only on the level of funding for individual items or accounts but also with regard to the total amount of discretionary budget authority that will be provided for that fiscal year. If that agreed-upon amount requires a reduction in budget authority and sufficient reductions are not associated with individual programs, an alternative method to reduce that amount is an “across-the-board rescission.”
A rescission is a provision of law that cancels budget...
Arms Control Ratification: Opportunities for Modifying Agreements
This report briefly examines arms control ratification and opportunities for modifying agreements. On July 14, 2015, Iran, the United States, the United Kingdom, France, Russia, China, and Germany (the P5+1) finalized a Joint Comprehensive Plan of Action (JCPOA)--an agreement that restricts Iran's nuclear program in an effort to ensure that it can only be used for peaceful purposes.
Recent Developments in the Job Corps Program: Frequently Asked Questions
The Job Corps program is a job training and academic program for youth ages 16 to 24 who are low-income and have a barrier to employment, such as having dropped out of high school. It is administered by the Employment and Training Administration’s (ETA’s) Office of Job Corps in the U.S. Department of Labor (DOL). Job Corps seeks to provide disadvantaged youth with the skills needed to obtain and hold jobs, enter the Armed Forces, or enroll in advanced training or higher education. The program was established under the Economic Opportunity Act of 1964 (P.L. 88-452), and was most recently...
Renegotiating Arms Control Agreements: A Brief Review
This report discusses previous arms control agreements that affected U.S. weapons programs or military activities. On July 14, 2015, Iran, the United States, the United Kingdom, France, Russia, China, and Germany finalized a Joint Comprehensive Plan of Action (JCPOA)--an agreement that restricts Iran's nuclear program in an effort to ensure that it can only be used for peaceful purposes.
This report discusses concerns about a slowdown in the global economy, particularly in China and other emerging markets. Some projections indicate that global economic growth in 2016 could be slightly weaker for emerging markets, primarily Latin America, and developed economies, except the United States and the United Kingdom.
Drought in the United States: CRS Experts
Congressional Research Service 7-5700 www.crs.gov R42610 Summary Drought is commonly defined as a lack of precipitation over an extended period of time, usually a season or more, relative to some long-term average condition. While the technology and science to predict droughts have improved, regional predictions remain limited to a few months in advance. History suggests that severe and extended droughts are inevitable and part of natural climate cycles. The physical conditions causing drought in the United States are increasingly understood to be linked to sea surface temperatures (SSTs)...
The Low-Income Housing Tax Credit Program: The Fixed Subsidy and Variable Rate
The Low-Income Housing Tax Credit (LIHTC) program was originally designed to provide financing for rehabilitated and newly constructed rental housing with a subsidy equal to 30% and 70% of construction costs, respectively. To ensure that the 30% or 70% subsidies were achieved, the U.S. Department of the Treasury designed a formula for determining the LIHTC rate. The LIHTC rate is a percentage of the initial qualified investment in a low-income housing project. A higher LIHTC rate generates a larger tax credit. The formula used to determine the rate depends in part on current market...
Expedited or “Fast-Track” Legislative Procedures
Congressional Research Service 7-5700 www.crs.gov RS20234 Summary Expedited or “fast-track” legislative procedures are special procedures that Congress adopts to promote timely committee and floor action on a specifically defined type of bill or resolution. For example, House and Senate consideration of budget resolutions and reconciliation bills are governed by fast-track procedures. Congress includes fast-track procedures in bills that are enacted into law—for example, the Congressional Budget Act, as amended, and the Patient Protection and Affordable Care Act—instead of adopting them as...
Procedural Analysis of Private Laws Enacted: 1986-2015
Congressional Research Service 7-5700 www.crs.gov RS22450 Summary Between 1986 and 2015 (99th-114th Congresses), 170 private laws were enacted. As of this writing, no private laws have been enacted in the 114th Congress (2015-2016). Most private laws during this period dealt with immigration issues or claims against the government. Of these measures, 65% originated in the House, 9% had cosponsors, and 23% had companion bills. Most were enacted without amendment or need to resolve differences with the other house. This report examines the broad distinctions among these measures in terms of...
House Rules Governing Committee Markup Procedures
The rules of the House provide only general guidance to committees for conducting meetings to mark up legislation. There are no House rules that explicitly govern the various aspects of markup procedure. Instead, clause 1(a)(1) of Rule XI provides in part that “the Rules of the House are the rules of its committees and subcommittees so far as applicable.... ” And clause 2(a)(1) of the same rule directs each standing committee to adopt written rules governing its own procedures that “may be not inconsistent with the Rules of the House.... ” (Italics added).
These requirements leave many...
Fraudulent seafood sales and marketing—the act of defrauding buyers of seafood for economic gain—has been widely reported and has gained greater public attention in recent years. The extent of seafood fraud is difficult to determine because of its clandestine nature; fraud depends on not being detected, which often depends on not attracting attention or causing immediate harm to customers. Seafood fraud can include a variety of illegal activities, such as transshipping products to avoid antidumping and countervailing duties; mislabeling products or substituting one species for another;...
Senate Committee Hearings: The “Minority Witness Rule”
Congressional Research Service 7-5700 www.crs.gov RS22649 Summary When a Senate committee other than the Appropriations Committee holds a hearing, the minority party members of the panel have the right to call witnesses of their choosing to testify during at least one day of that hearing. Paragraph 4(d) of Senate Rule XXVI—known as the “minority witness rule”—states: Whenever any hearing is conducted by a committee (except the Committee on Appropriations) upon any measure or matter, the minority on the committee shall be entitled, upon request made by a majority of the minority members to...
The Renewable Fuel Standard (RFS): Cellulosic Biofuels
Congressional Research Service 7-5700 www.crs.gov R41106 Summary The Renewable Fuel Standard (RFS) was established under the Energy Policy Act of 2005 (EPAct05, P.L. 109-58), and was later expanded under the Energy Independence and Security Act of 2007 (EISA; P.L. 110-140), in accordance with efforts at that time to reduce dependence on foreign oil, promote biofuel use, and stabilize transportation fuel prices, among other goals. Over 15 years, the RFS requires that increasing amounts of biofuels—36 billion gallons by 2022—be used in transportation fuel. The mandate is to be accomplished...
Proxy Voting and Polling in Senate Committee
Congressional Research Service 7-5700 www.crs.gov RS22952 Summary In an effort to operate efficiently despite the competing scheduling demands placed on its members, all Senate standing committees permit “proxy voting” in some instances, and many of them permit certain questions to be “polled.” Proxy voting is a practice whereby an absent Senator authorizes a second, present Senator to cast a vote in addition to his or her own during a committee markup meeting. When polling, a committee or subcommittee asks its members to approve questions relating to legislation or internal committee...
Follow-On Biologics: Intellectual Property Issues
The term “biologics” refers to a category of medical preparations derived from a living organism. These medicines have added notable therapeutic options for many diseases and impacted fields such as oncology and rheumatology. The biologics industry invests extensively in R&D and contributes to a rapidly expanding market for these treatments. Biologics are often costly, however, in part due to the sophistication of the technologies and the manufacturing techniques needed to make them.
Compared to the number of generic drugs available in traditional pharmaceutical markets, few “follow-on”...
Financial Services and General Government (FSGG): FY2015 Appropriations
Congressional Research Service 7-5700 www.crs.gov R44172 Summary The Financial Services and General Government (FSGG) appropriations bill includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and more than two dozen independent agencies. In its current form, it has existed since the 2007 reorganization of the House and Senate Committees on Appropriations. The House and Senate FSGG bills fund nearly the same agencies, with the exception of the Commodities and Futures Trading Commission (CFTC), which is...
The National Science Foundation: FY2016 Budget Request and Funding History
Congressional Research Service 7-5700 www.crs.gov R44170 Summary The National Science Foundation (NSF) supports both basic research and education in the non-medical sciences and engineering. Congress established the foundation in 1950 and directed it to “promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense; and for other purposes.” The NSF is a major source of federal support for U.S. university research, especially in certain fields such as mathematics and computer science. It is also responsible for significant shares of...
Gold King Mine Spill May Renew Interest in "Good Samaritan" Legislation
This report discusses legislation related to an accidental spill from the Gold King Mine, a long-abandoned gold mine site in Colorado, which released acid mine drainage (AMD) wastewater into a tributary of the Animas River and downstream to the San Juan River. The proposed legislation would authorize Good Samaritan remediation, in which third parties who have no history of polluting at a particular site or legal responsibility for its pollution step forward to clean up AMD or other historic mine residue of pollution.
The International Labor Organization (ILO): Background in Brief
Congressional Research Service 7-5700 www.crs.gov R44165 Summary This report is intended as a primer on the International Labor Organization (ILO). The ILO was founded in 1919 under the Treaty of Versailles that ended World War I, and became the first independent agency of the United Nations in 1946. It is a tripartite organization composed of member governments, labor, and employer representatives. The United States helped found the ILO and contributes more to the ILO regular budget (22%) than any other country. The ILO and its activities are of ongoing interest to Congress, particularly...
Veterans Access, Choice, and Accountability Act of 2014 (H.R. 3230; P.L. 113-146)
Congressional Research Service 7-5700 www.crs.gov R43704 Summary On August 7, 2014, President Obama signed the Veterans Access, Choice, and Accountability Act of 2014 (H.R. 3230; H.Rept. 113-564; P.L. 113-146). The Department of Veterans Affairs Expiring Authorities Act of 2014 (H.R. 5404; P.L. 113-175), the Consolidated and Further Continuing Appropriations Act, 2015 (H.R. 83; P.L. 113-235), the Construction Authorization and Choice Improvement Act (H.R. 2496; P.L. 114-19), and the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (H.R. 3236; P.L. 114-41) made...
Congressional Research Service 7-5700 www.crs.gov R41772 Summary The public funding of abortion services for District of Columbia residents is a perennial issue debated by Congress during its annual deliberations on District of Columbia appropriations. District officials have cited the prohibition on the use of District funds as another example of congressional intrusion into local matters. Since 1979, with the passage of the District of Columbia Appropriations Act of 1980, P.L. 96-93 (93 Stat. 719), Congress has placed some limitation or prohibition on the use of public (federal or...
This report briefly discusses the Department of Defense's (DOD) projected procurement levels for unmanned aerial vehicles (UAVs or "drones") over the next several years.
Financial Regulatory Improvement Act Included in Senate Appropriations Bill
This report highlights some of the major policy proposals included in S. 1484, as reported by the Senate Banking Committee on June 2, 2015. The text of the bill was among the financial regulatory changes included in the FY2016 Financial Services and General Government Appropriations Act (S. 1910). S. 1484 encompasses a broad package of reforms to the financial regulatory system, including some changes to the Dodd-Frank Act (P.L. 111-203).
House Rules and Precedents Affecting Committee Markup Procedures
Congressional Research Service 7-5700 www.crs.gov 97-1045 Summary Markup procedures in standing committees of the House of Representatives generally conform to guidelines the House follows when it conducts business on the floor under a set of procedures known as consideration by the “House as in Committee of the Whole.” Consideration by the “House as in Committee of the Whole” is not the same as the more common practice of the House “resolving itself into Committee of the Whole House” but is, instead, a more rarely used set of procedures that combines elements of both procedures used in...
Health Insurance: Small is the New Large
This report discusses aspects of the Patient Protection and Affordable Care Act that expand the definition of small employer to include employers with 100 or fewer employees. States must implement the expanded definition for plan years beginning in 2016, but have the option of implementing the expanded definition prior to the deadline.
Amendments in the Senate: Types and Forms
Congressional Research Service 7-5700 www.crs.gov 98-614 Contents Distinctions Among Amendments 1 Degrees of Amendments 1 Forms of Amendments 1 Scope of Amendments 2
Contacts Author Contact Information 2
Summary The amending process is central to the consideration of legislation by the Senate, and the rules, practices, and precedents that underlie this process frequently depend on distinguishing among amendments based on their type and form. The way in which an amendment is crafted, and the circumstances in which it is offered, can have an impact on its consideration. When an amendment...
Amendments on the House Floor: Summary of Major Restrictions
Congressional Research Service 7-5700 www.crs.gov 98-426 The opportunities for Representatives to offer floor amendments to a bill or resolution depends on the procedures by which the House considers the measure. In summary: After general debate on a bill in the Committee of the Whole, Members may offer whatever amendments they choose if (1) those amendments comply with applicable House rules and precedents, some of which are identified below; (2) Members offer their amendments at the appropriate times; and (3) the House has not adopted a special rule that prohibits consideration of some...
House Committee Hearings: Arranging Witnesses
Congressional Research Service 7-5700 www.crs.gov 98-304 Summary Selecting witnesses is often one of the most important tasks in planning a hearing. House committees and subcommittees pay careful attention to which viewpoints will be represented, who should testify, and the order and format for presenting witnesses. Witnesses do not have an inherent right to appear at a hearing but must be invited by a committee or subcommittee in order to testify; committees and subcommittees may also subpoena reluctant witnesses to appear at a hearing. Contents Selecting and Inviting Witnesses 1 Subpoena...
General Debate in Committee of the Whole
Congressional Research Service 7-5700 www.crs.gov RS20200 Summary The House considers most important bills (and resolutions) on the floor by resolving into the Committee of the Whole House on the state of the Union. This is a committee on which all Representatives serve and which meets on the House floor. The House acts on a measure by resolving into Committee of the Whole (as it usually is called) first to debate the bill as a whole and subsequently to debate and vote on any amendments to the bill. At the end of this process, the committee “rises” and reports the bill back to the House...
House Committee Hearings: Scheduling and Notification
Congressional Research Service 7-5700 www.crs.gov 98-339 Summary Each House committee has the authority to hold hearings whether the House is in session, has recessed, or has adjourned (Rule XI, clause 2(m)(1)(A)). Regardless of the type of hearing, or whether a hearing is held in or outside of Washington, hearings share common aspects of planning and preparation. Contents Whether to Schedule a Hearing 1 Scheduling Requirements and Practices 1 Notification Requirements and Practices 1
Contacts Author Contact Information 2 Acknowledgments 2
Each House committee has the authority to hold...
Policy Implications of the Internet of Things
This report briefly discusses the Internet of Things (IoT), which is an umbrella term that many policymakers use to refer to the technologies and network structures that interconnect objects, humans, and animals to collect and analyze data and manage processes.
Congressional Research Service 7-5700 www.crs.gov RS22766 Summary A provision of the Pension Protection Act of 2006 (P.L. 109-280) allows tax-free distributions from Individual Retirement Accounts (IRAs) for charitable purposes. This Qualified Charitable Distribution (QCD) provision is available to taxpayers aged 70½ or older and allows them to make contributions directly to a qualified charity while excluding the distribution from their taxable income. The provision initially expired on December 31, 2007. Subsequent legislation has extended this provision on a one- or two-year basis,...
Amendment Process in the Committee of the Whole
Congressional Research Service 7-5700 www.crs.gov 98-439 Contents Reading for Amendment 1 Debating an Amendment 1 Amendment Tree: Degrees of Amendments 2 Voting on Amendments 2
Contacts Author Contact Information 2
Summary Amendments are usually considered not in the House, but in the Committee of the Whole, a parliamentary device designed to expedite the amendment process. For example, in the House, Members are generally recognized under the “hour rule;” in the Committee of the Whole, they are recognized to speak under the “five-minute rule.” A quorum in the House is 218; in the...
House Committee Hearings: Preparation
Congressional Research Service 7-5700 www.crs.gov 98-488 Contents Preliminary Decisions 1 Witness Selection 1 Media Concerns 2 Final Preparations 2
Contacts Author Contact Information 2
Summary Committee hearings provide Representatives an opportunity to gather information on, and draw attention to, legislation and issues within a committee’s purview; conduct oversight of programs or agencies; and investigate allegations of mismanagement or wrongdoing. This checklist identifies many of the tasks that need to be performed, primarily by staff, for full committees and (in most cases)...
Quorum Requirements in the House: Committee and Chamber
Congressional Research Service 7-5700 www.crs.gov 98-870 Summary House Rule XI, clause 2 establishes minimum quorum requirements for eight areas of committee activity. Table 1 summarizes these requirements as found in Wm. Holmes Brown, Charles W. Johnson, and John V. Sullivan’s House Practice: A Guide to the Rules, Precedents, and Procedures of the House (Washington: GPO, 2011). Contents Quorum Requirements in Committee 2 Quorums in the House 1
Tables Table 1. Minimum Quorum Requirements 1
Contacts Author Contact Information 2
Quorum Requirements in Committee House Rule XI, clause 2...
Pairing in Congressional Voting: The House
Congressional Research Service 7-5700 www.crs.gov 98-970 Summary Under House Rule XX, clause 3, the practice of “pairing” involves—under certain procedural circumstances—a Member who is absent during a vote on the House floor arranging with a Member on the opposite side of a specific question who is present during a vote to announce that the Member who is present is forming a “pair” with the absent Member, thus allowing the absent Member to have recorded how he would have voted had he been present. Contents Contacts Author Contact Information 2
Under House Rule XX, clause 3, the practice...
Farm Safety Net Programs: Background and Issues
The U.S. Department of Agriculture (USDA) operates several programs that supplement the income of farmers and ranchers in times of low farm prices and natural disasters. Federal crop insurance, farm programs, and disaster assistance are collectively called the farm safety net.
Federal crop insurance is often referred to as the centerpiece of the farm safety net because of its cost and broad scope for addressing natural disasters. The program is permanently authorized and makes available subsidized insurance for more than 130 commodities (ranging from apples to wheat) to help farmers...
Amendments in the House: Types and Forms
Congressional Research Service 7-5700 www.crs.gov 98-613 Summary The amending process is central to the consideration of legislation by the House of Representatives, and the rules, practices, and precedents that underlie this process frequently depend on distinguishing among amendments based on their type and form. Simply put, not all amendments are equal in a procedural sense, and the form or type of amendment frequently determines what further amendments may be offered and, therefore, what alternatives the House may choose among. Contents Distinctions Among Amendments 1 Degrees of...
The Excise Tax on High-Cost Employer-Sponsored Health Coverage: Background and Economic Analysis
Congressional Research Service 7-5700 www.crs.gov R44160 Summary Beginning in 2018, the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) imposes a 40%, nondeductible excise tax on the value of applicable employer-sponsored health coverage above specific dollar thresholds. In 2018, these thresholds are $10,200 for single health coverage and $27,500 for non-single (e.g., family) coverage. The thresholds are adjusted for eligible retirees, workers in certain high-risk professions, and plans whose demographics differ from the national workforce. This excise tax on...
Bundling and Consolidation of Contract Requirements Under the Small Business Act: Legal Overview
Congressional Research Service 7-5700 www.crs.gov R41133 Summary When used in reference to federal procurement contracts, “bundling” and “consolidation” are technical terms, whose meaning is prescribed by statute. Specifically, “bundling” denotes “consolidating 2 or more ... requirements for goods or services previously provided or performed under separate smaller contracts” into a solicitation for a single contract that is likely to be unsuitable for award to a small business due to its size or scope. “Consolidation” is similarly defined to mean soliciting a single contract to satisfy two...
This report traces the history of birthright citizenship under U.S. law and discusses some of the legislation in recent Congresses intended to alter it. In the current and recent Congresses, some Members have introduced or supported legislation that would revise or reinterpret the Citizenship Clause to address several concerns.
Automatic Continuing Resolutions: Background and Overview of Recent Proposals
Congressional Research Service 7-5700 www.crs.gov R41948 Summary Currently, 12 regular appropriations acts fund the activities of most federal government agencies. When these acts are not completed prior to the beginning of the fiscal year, Congress uses a continuing appropriations act, also known as a “continuing resolution” (CR), to provide interim funding until the annual appropriations process is complete. Some Members of Congress have proposed legislation to establish an automatic continuing resolution (ACR) mechanism that would ensure a source of funding for discretionary spending...
Medal of Honor: History and Issues
The Medal of Honor is the nation’s highest military award for bravery. It is awarded by the President in the name of Congress. For this reason, it is often referred to as the Congressional Medal of Honor. Since it was first presented in 1863, the medal has been awarded 3,512 times to 3,493 recipients. Nineteen individuals have been double recipients of the award.
Recipients of the Medal of Honor are afforded a number of benefits as a result of this award.
Since the award’s inception, the laws and regulations that apply to it have changed. In certain cases, the award has been rescinded....
The Intelligence Community and Its Use of Contractors: Congressional Oversight Issues
Congressional Research Service 7-5700 www.crs.gov R44157 Summary Contractors have been and are an integral part of the intelligence community’s (IC’s) total workforce (which also includes federal employees and military personnel). Yet questions have been raised regarding how they are used, and the size and cost of the contractor component. Of particular interest are core contract personnel, who provide direct technical, managerial, and administrative support to agency staff. Examples of these types of support are collection and operations, analysis and production, and enterprise...
U.S.-China Nuclear Cooperation Agreement
Negotiated by the Reagan Administration nearly 30 years ago, the current U.S. peaceful nuclear cooperation agreement with the People’s Republic of China (PRC) is set to expire on December 30, 2015. President Obama submitted a new 30-year U.S.-China nuclear cooperation agreement for congressional review on April 21, 2015. Among other provisions, the agreement would allow for uranium enrichment up to a level less than 20% U-235 and Chinese reprocessing of U.S.-obligated material at safeguarded facilities. The required congressional review period ended on July 31.
Such agreements are often...
Iran Nuclear Agreement: CRS Experts
Congressional Research Service 7-5700 www.crs.gov R44139 Summary Congress is currently in a period of formal review, being conducted on the basis of the Iran Nuclear Agreement Review Act (P.L. 114-17), of the “Joint Comprehensive Plan of Action” (JCPOA) nuclear agreement concluded between Iran and six negotiating powers (“P5+1”) on July 14. The period for initial congressional review under the Act is to conclude on September 17. The agreement has raised a wide variety of questions in Congress. Issues include the specific terms of the deal; the implications for inspections, proliferation,...
This report discusses China's recent changes to its method for determining the value of its currency (the renminbi). On Tuesday, August 11, 2015, the People's Bank of China (PBC), China's central bank, surprised global financial markets by lowering the reference rate of the renminbi, effectively depreciating the currency.
Filling the Amendment Tree in the Senate
Congressional Research Service 7-5700 www.crs.gov RS22854 Summary “Amendment trees” are charts that illustrate certain principles of precedence that guide the Senate amendment process. When all of the amendments permitted simultaneously by these principles have been offered and are pending, an amendment tree is said to be “filled,” and no additional amendments may be offered until one or more of those pending is disposed of or laid aside. Given that the presiding officer traditionally affords the Senate majority leader or his designee priority over all others in being recognized, a...
The Freedom of Information Act (FOIA): Background, Legislation, and Policy Issues
Congressional Research Service 7-5700 www.crs.gov R41933 Summary The Freedom of Information Act (FOIA; 5 U.S.C. §552) allows any person—individual or corporate, citizen or not—to request and obtain existing, identifiable, and unpublished agency records on any topic. Pursuant to FOIA, the public has presumptive access to agency records unless the material falls within any of FOIA’s nine categories of exception. Disputes over the release of records requested pursuant to FOIA can be appealed administratively, resolved through mediation, or heard in court. FOIA was enacted in 1966, after 11...
House Committee Hearings: Witness Testimony
Congressional Research Service 7-5700 www.crs.gov 98-338 Summary Witnesses before House committees must generally file advance copies of their written testimony with the committees and then limit their oral testimony to brief summaries (Rule XI, clause 2(g)(5)). A question-and-answer period usually follows a witness’s opening statement. Following hearings, committees usually publish the transcripts of witness testimony and questioning. Contents Advance Written Testimony 1 Oral Testimony 1 Questioning Witnesses 1 Printing Hearings 2
Contacts Author Contact...
House Committee Hearings: The “Minority Witness Rule”
Congressional Research Service 7-5700 www.crs.gov RS22637 Summary House Rule XI gives the minority party members of committees the right to have witnesses of their choosing called to testify on at least one day of any hearing scheduled by the majority. The rule has primarily served as an incentive to the majority party to see that the minority viewpoint is represented at hearings. Although the minority has a right to have witnesses testify on one hearing day, the committee majority maintains control over the scheduling, scope, and duration of that testimony. Contents Origin of the Minority...
The Demand for Municipal Bonds: Issues for Congress
Congressional Research Service 7-5700 www.crs.gov R44146 Summary Municipal bonds are debt securities issued by states, cities, counties, and other government-created agencies to finance capital projects, such as highways, airports, sewers, bridges, schools, hospitals, and other public goods for residents. The municipal bond market is large and varied, consisting of more than an estimated 1.5 million bond types and more than an estimated 55,000 issuers borrowing to finance a variety of civic projects. The U.S. municipal bond market had a total of $3.7 trillion outstanding issuances by year...
California Drought: Hydrological and Regulatory Water Supply Issues
Congressional Research Service 7-5700 www.crs.gov R40979 Summary California is in its fourth year of drought. As of late July 2015, 47% of California was experiencing exceptional drought—the most severe U.S. federal drought classification—and approximately 71% of the state was experiencing extreme drought. The 2014 water year (October 2013 through September 2014) was the third driest on record. Water users that receive water supplies from the state of California and federal water projects are experiencing unprecedented water supply shortages due to the drought. Severe water supply...
Congressional Research Service 7-5700 www.crs.gov R42887 Summary Cloud computing is a new name for an old concept: the delivery of computing services from a remote location, analogous to the way electricity, water, and other utilities are provided to most customers. Cloud computing services are delivered through a network, usually the Internet. Some cloud services are adaptations of familiar applications, such as e-mail and word processing. Others are new applications that never existed as a local application, such as online maps and social networks. Since 2009, the federal government has...
Revision of the Nutrition Facts Label: Proposed Rules
Congressional Research Service 7-5700 www.crs.gov R43733 Summary High rates of obesity and chronic diseases have prompted federal, state, and local initiatives such as exercise promotion, nutrition education, and food labeling. Nearly two-thirds of U.S. adults are overweight or obese, suggesting that consumers need to be more aware of their calorie intake. Labeling of the nutritional content of foods has been recommended by researchers and policymakers as a tool to address the obesity epidemic. National survey data indicate that the frequency of food label use among consumers has...
Lobbying Congress with Appropriated Funds: Restrictions on Federal Agencies and Officials
Congressional Research Service 7-5700 www.crs.gov R44154 Summary Congress, under its authority to direct and control the use and expenditure of the funds that it appropriates from the U.S. Treasury, has enacted several specific and express limitations on the expenditure of federal appropriations. Some of these restrictions and prohibitions apply specifically to using federal appropriations for what is generally called “lobbying” of the Congress (or in some cases other government officials). Although these restrictions exist in both federal statutory laws as well as in yearly appropriations...
Federal Crop Insurance: Background
Congressional Research Service 7-5700 www.crs.gov R40532 Summary The federal crop insurance program began in 1938 when Congress authorized the Federal Crop Insurance Corporation. The current program, which is administered by the U.S. Department of Agriculture’s Risk Management Agency (RMA), provides producers with risk management tools to address crop yield and/or revenue losses for about 130 crops. The federal farm safety net also includes the farm commodity support programs, which provide price and income support for a much narrower list of “covered and loan commodities” such as corn,...
Trafficking in Persons: International Dimensions and Foreign Policy Issues for Congress
Congressional Research Service 7-5700 www.crs.gov R42497 Summary Trafficking in persons, or human trafficking, refers to the subjection of men, women, and children to exploitative conditions that can be tantamount to slavery. Reports suggest that human trafficking is a global phenomenon, victimizing millions of people each year and contributing to a multi-billion dollar criminal industry. It is a centuries-old problem that, despite international and U.S. efforts to eliminate it, continues to occur in virtually every country in the world. Human trafficking is also an international and...
H.R. 6: The 21st Century Cures Act
On July 10, 2015, the House passed H.R. 6, the 21st Century Cures Act, on a vote of 344 to 77. Eight amendments were offered; five were approved by voice vote, two failed by recorded vote, and one was withdrawn. The House Energy and Commerce Committee, on May 21, 2015, unanimously ordered to be reported H.R. 6 and the House Committee on Rules published a committee print of the bill on July 2, 2015. On July 7, 2015, H.R. 6 was reported by the Committee on Energy and Commerce (H.Rept. 114-190), and the House Committee on Ways and Means was discharged from further consideration of the bill....
This report presents statistics regarding U.S. military and civilian casualties in the active missions Operation Freedom’s Sentinel (OFS, Afghanistan) and Operation Inherent Resolve (OIR, Iraq and Syria) and, as well as operations that have ended, Operation New Dawn (OND, Iraq), Operation Iraqi Freedom (OIF, Iraq), and Operation Enduring Freedom (OEF, Afghanistan). It also includes statistics on post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), and amputations. Some of these statistics are publicly available at the Department of Defense’s (DOD’s) website and others have...
Obergefell v. Hodges: Same-Sex Marriage Legalized
On June 26, 2015, the Supreme Court issued its decision in Obergefell v. Hodges requiring states to issue marriage licenses to same-sex couples and to recognize same-sex marriages that were legally formed in other states. In doing so, the Court resolved a circuit split regarding the constitutionality of state same-sex marriage bans and legalized same-sex marriage throughout the country. The Court’s decision relied on the Fourteenth Amendment’s equal protection and due process guarantees.
Under the Fourteenth Amendment’s Equal Protection Clause, state action that classifies groups of...
Iran Nuclear Agreement: Selected Issues for Congress
The nuclear agreement between Iran and six negotiating powers (“P5+1:” United States, France, Britain, Germany, Russia, and China), finalized on July 14, 2015, raises a wide variety of issues as Congress undertakes a formal review under the Iran Nuclear Agreement Review Act (P.L. 114-17). The Administration submitted the 150+ page text (including annexes) of the “Joint Comprehensive Plan of Action,” (JCPOA) to Congress on July 19, 2015, and the period for congressional review under the act is to conclude on September 17. Should the agreement stand after review processes in Congress and in...
Guinea is one of three countries most affected by the Ebola outbreak in West Africa, which has affected the country’s economy, social relations, food security, and politics. A former French colony on West Africa’s Atlantic coast with a population of about 11 million, Guinea is rich in natural resources, but poverty is widespread. President Alpha Condé, a former opposition leader, was voted into office in 2010 in Guinea’s first ever presidential election organized by an independent electoral commission and without an incumbent candidate. His inauguration brought an end to a turbulent period...
Overview of Management and Restoration Activities in the Lake Tahoe Basin
The Lake Tahoe Basin (Tahoe Basin) straddles the California-Nevada border and includes Lake Tahoe. The basin is regarded for its beauty, wildlife diversity, clear waters, and recreation. Logging and mining stimulated development in the Tahoe Basin beginning in the 1850s. Development, especially urban development, has affected the basin’s ecosystem, leading to a decline in the water quality of Lake Tahoe, tree mortality, heightened wildfire risk, and population declines in fish and wildlife species.
Restoration of the Tahoe Basin began in 1969 under the Bi-State Compact between California...
The Genetic Information Nondiscrimination Act of 2008 (GINA)
On May 21, 2008, the Genetic Information Nondiscrimination Act of 2008 (GINA), referred to by its sponsors as the first civil rights act of the 21st century, was enacted. GINA, P.L. 110-233, prohibits discrimination based on genetic information by health insurers and employers. The sequencing of the human genome and subsequent advances raise hope for genetic therapies to cure disease, but this scientific accomplishment is not without potential problems. An employer or health insurer could decide to take adverse action based on a genetic predisposition to disease, and situations have arisen...
Questions of the Privileges of the House: An Analysis
A question of the privileges of the House is a formal declaration by a Member of the House asserting that a situation has arisen affecting “the rights of the House collectively, its safety, dignity and the integrity of its proceedings.” Once a question of the privileges of the House is raised, the Speaker must, at some point, entertain the question and rule on its validity. The Speaker makes such a ruling with guidance from the House Parliamentarian based on House rule and precedent. If it is ruled to be valid, a question of the privileges of the House will be considered and possibly voted...
In 1988, 1991, 1993, 1995, and 2005, an independent Defense Base Closure and Realignment (BRAC) Commission was authorized by law to recommend the disposal of unneeded defense facilities throughout the United States. The Department of Defense (DOD) formally asked Congress to provide it with statutory authority to conduct another round of base closures and realignments in 2015, but no new round was authorized.
Under the terms of the statutes that authorized these previous BRAC rounds, the BRAC Commission’s recommendations automatically take effect unless, within a stated period after the...
Background and Issues for Congressional Oversight of ARRA Broadband Awards
The American Recovery and Reinvestment Act (ARRA, P.L. 111-5) provided an unprecedented level of federal funding for broadband projects across the nation. These projects are intended to expand broadband availability and adoption in unserved and underserved areas, which in turn is believed to contribute to increased future economic development in those areas.
The ARRA provided nearly $7 billion for broadband grant and loan programs to be administered by two separate agencies: the National Telecommunications and Information Administration (NTIA) of the Department of Commerce (DOC) and the...
Access to Unapproved Drugs: FDA Policies on Compassionate Use and Emergency Use Authorization
The Food and Drug Administration (FDA) regulates the U.S. sale of drugs and biological products, basing approval or licensure on evidence of the safety and effectiveness for a product’s intended uses. Without that approval or licensure, a manufacturer may not distribute the product except for use in the clinical trials that will provide evidence to determine that product’s safety and effectiveness. Under certain circumstances, however, FDA may permit the sponsor to provide an unapproved or unlicensed product to patients outside that standard regulatory framework. Two such mechanisms are...
Federal Tax Benefits for Manufacturing: Current Law and Arguments For and Against
Fueled in part by certain policy initiatives advocated by President Obama, a lively debate over whether additional federal assistance should be provided for manufacturing is taking place among some analysts and lawmakers. Several issues are central to the debate: (1) the contributions of manufacturing to the performance and growth of the U.S. economy, (2) whether the federal government should do more to promote the growth of the sector, and (3) if so, what measures would be likely to have the intended effect?
The federal government supports manufacturing in a variety of ways. This report...
History of the Navy UCLASS Program Requirements: In Brief
During its development, the U.S. Navy’s Unmanned Carrier Launched Airborne Surveillance and Strike (UCLASS) aircraft and its predecessors have been proposed to fill a number of roles and operate in a variety of air defense environments. Over time, those requirements have evolved to encompass a less demanding set of capabilities than first envisioned. This report details the history of UCLASS requirements development through the program’s evolution to its current stage.
Specialty Drugs: Background and Policy Concerns
Congressional Research Service 7-5700 www.crs.gov R44132 Summary Specialty drugs are one of the fastest-growing areas of health care spending. There is no one set definition of specialty drugs, although insurers and other health care payers often characterize them as prescription products requiring extra handling or administration that are used to treat complex diseases including hepatitis C, multiple sclerosis, and cancer. High cost can trigger a specialty drug designation. Biologics, or drugs derived from living cells, are often but not always deemed to be specialty drugs. Over the past...
National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background
Five federal statutes authorize intelligence officials to request certain business record information in connection with national security investigations. The authority to issue these national security letters (NSLs) is comparable to the authority to issue administrative subpoenas. The USA PATRIOT Act (P.L. 107-56) expanded the authority under the original four NSL statutes and created a fifth. Thereafter, the authority was reported to have been widely used. Then, a report by the Department of Justice’s Inspector General (IG) found that in its use of expanded USA PATRIOT Act authority the...
Social Security Disability Insurance (SSDI) and Unemployment Insurance (UI) are forms of social insurance that provide protection against the risk of economic loss due to specific adverse events. SSDI provides long-term benefits to nonelderly workers and their eligible dependents if the worker is unable to engage in substantial gainful activity (SGA) due to a qualifying impairment. UI provides temporary benefits to involuntarily unemployed workers who meet the requirements of state law. Although SSDI and UI serve largely separate populations, some individuals may be concurrently...
Thailand: Background and U.S. Relations
Thailand is a long-time military ally and a significant trade and economic partner for the United States. For many years, Thailand was seen as a model democracy in Southeast Asia, although this image, along with U.S.-Thai relations, has been complicated by deep political and economic instability in the wake of two military coups in the past nine years. The first, in 2006, displaced Prime Minister Thaksin Shinawatra, a popular but polarizing figure who is currently living in exile. The second, in 2014, deposed an acting prime minister after Thaksin’s sister, Yingluck Shinawatra, was ousted...
Defense Health Program Funding Shortfall for Fiscal Year 2015
This report describes the defense health program (DHP) and discusses the DHP budget.
National Security Letters in Foreign Intelligence Investigations: Legal Background
Five federal statutes authorize intelligence officials to request certain business record information in connection with national security investigations. The authority to issue these national security letters (NSL) is comparable to the authority to issue administrative subpoenas. The USA PATRIOT Act (P.L. 107-56) expanded the authority under the original four NSL statutes and created a fifth. Thereafter, the authority was reported to have been widely used. Then, a report by the Department of Justice’s Inspector General (IG) found that in its use of expanded USA PATRIOT Act authority the...
Mass Murder with Firearms: Incidents and Victims, 1999-2013
In the wake of tragedy in Newtown, CT, Congress defined “mass killings” as “3 or more killings in a single incident” (P.L. 112-265). Any consideration of new or existing gun laws that follows mass shootings is likely to generate requests for comprehensive data on the prevalence and deadliness of these incidents. Despite the pathos of mass shootings, only a handful of researchers and journalists have analyzed the principal source of homicide data in the United States—the Supplementary Homicide Reports (SHR) compiled by the Federal Bureau of Investigation (FBI)—to determine whether those...
The Federal Tax Treatment of Married Same-Sex Couples
Since the Supreme Court’s ruling on the Defense of Marriage Act (DOMA) in 2013—in the case of United States v. Windsor—married same-sex couples have been considered married for federal tax purposes. The federal tax treatment of married same-sex couples was not affected by the recent June 26, 2015, ruling in Obergefell v. Hodges. Obergefell struck down state bans on same-sex marriage. As a result of the Court’s decision, all states must both permit same-sex couples to marry in their states and recognize same-sex marriages that were formed in other states.
The U.S. Supreme Court ruled in...
ESEA Reauthorization Proposals in the 114th Congress: Selected Key Issues
The Elementary and Secondary Education Act (ESEA) was last comprehensively amended by the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110). During the 114th Congress, the House Education and the Workforce Committee reported the Student Success Act (H.R. 5), which would provide for a comprehensive reauthorization of the ESEA. The bill was subsequently passed on the House floor on July 8, 2015. The Senate Health, Education, Labor, and Pensions (HELP) Committee reported the Every Child Achieves Act of 2015 (ECAA; S. 1177), which would also provide for a comprehensive reauthorization of...
The 2015 National Military Strategy: Background and Questions for Congress
This report discusses the National Military Strategy (NMS) that describes a global environment marked by increasing interdependence, complexity, and the diffusion of information and technologies across state boundaries.
Older Americans Act: Long-Term Care Ombudsman Program
Quality of care in long-term care settings has been, and continues to be, a concern for federal policymakers. The Long-Term Care (LTC) Ombudsman Program is a consumer advocacy program that aims to improve the quality of care, as well as the quality of life, for residents in LTC settings by investigating and resolving complaints made by, or on behalf of, such residents. Established under Title VII of the Older Americans Act (OAA), the Administration on Aging (AoA) within the Administration for Community Living in the Department of Health and Human Services (HHS) administers the nationwide...
Filling the Senate "Amendment Tree"
This report discusses the filing process of "Amendment trees": diagrams that have developed over decades of Senate practice as a way of visualizing certain principles of precedence that govern the offering of, and voting on, amendments in the chamber.
Expansion of WTO Information Technology Agreement Targets December Conclusion
This report discusses the World Trade Organization (WTO) expansion and agreement to expand the Information Technology Agreement (ITA) and eliminate tariffs on 201 goods not included in the original 1996 ITA.
Agricultural Biotechnology: Background, Regulation, and Policy Issues
Biotechnology refers primarily to the use of recombinant DNA techniques to genetically modify or bioengineer plants and animals. Most crops developed through recombinant DNA technology have been engineered to be tolerant of various herbicides or to be pest resistant through having a pesticide genetically engineered into the plant organism. U.S. soybean, cotton, and corn farmers have rapidly adopted genetically engineered (GE) varieties of these crops since their commercialization in the mid-1990s. Over the past 15 years, GE varieties in the United States have increased from 3.6 million...
The United Nations Convention on the Rights of the Child
U.S. ratification of the United Nations (U.N.) Convention on the Rights of the Child (hereinafter referred to as CRC or the Convention) may be a key area of focus during the 114th Congress, particularly if President Barack Obama seeks the advice and consent of the Senate.
Background and Current Status
CRC is an international treaty that aims to protect the rights of children worldwide. It defines a child as any human being under the age of 18, and calls on States Parties to take all appropriate measures to ensure that children’s rights are protected—including the right to a name and...
The America COMPETES Acts: An Overview
Scientific and technological advancement played a central role in ensuring U.S. prosperity and power in the 20th century. From the first flight of the Wright brothers in 1903 to the creation of Google in the 1990s, U.S. scientific and technological innovations have reshaped the global economy and provided both economic mobility and national security for generations of Americans.
Whether the United States will maintain its preeminence over the course of the 21st century is an open question. Some observers assert that U.S. leadership is at risk. They argue that the United States...
Who Pays for Long-Term Services and Supports? A Fact Sheet
Long-term services and supports (LTSS) refer to a broad range of health and health-related services and supports that are needed by individuals over an extended period of time. The need for LTSS affects persons of all ages and is generally measured by limitations in an individual’s ability to perform daily personal care activities (e.g., eating, bathing, dressing, walking) or activities that allow individuals to live independently in the community (e.g., shopping, housework, meal preparation). The most recent published data estimating the number of Americans in need of LTSS indicate that...
Charter-Time Warner Cable-Bright House Networks Mergers: Overview and Issues
In May 2015, Charter Communications, Inc. announced that it reached agreements with Time Warner Cable Inc. (TWC) to merge the two companies in a deal valued at $78.7 billion, including the assumption of debt, and with Advance/Newhouse Partnership to acquire Bright House Networks (BHN) for $10.4 billion. The combination of Charter, TWC, and BHN would create a single entity providing cable television and broadband access service to 23.9 million customers in 41 states, making it the nation’s second-largest cable television operator and broadband access provider.
The proposed merger raises a...
OPM Data Breach: Personnel Security Background Investigation Data
This report provides information on the types of data that may be collected in a typical personnel security background investigation. In a July 9, 2015, news release on the cyber-intrusions of its systems, OPM "concluded with high confidence that sensitive information, including the Social Security Numbers (SSNs) of 21.5 million individuals, was stolen from the background investigation databases." This report is not an official statement of the data that was compromised in the OPM breach.
The Senate may consider providing its advice and consent to U.S. ratification of the United Nations (U.N.) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, or the Convention) during the 114th Congress. CEDAW is the only international human rights treaty that specifically addresses the rights of women. It calls on States Parties to take measures to eliminate discrimination against women in all areas of life, including political participation, employment, education, healthcare, and family structure. CEDAW has been ratified or acceded to by 189 States...
U.S.-Kenya Relations: Current Political and Security Issues
The U.S. government views Kenya as a strategic partner and a key regional actor in East Africa, and as critical to regional counterterrorism efforts. Kenya has repeatedly been a target of terrorist attacks, and, as the deadly September 2013 assault on a Nairobi shopping mall and subsequent attacks have underscored, terrorist threats in Kenya remain a serious concern. Heightened threats have led the U.S. government to reevaluate the size of its presence in the country, which hosts the largest U.S. diplomatic mission in Africa and one of four major U.N. offices worldwide.
Kenya’s military...
War Funding and the Budget Control Act: In Brief
In the FY2016 debate on the level of defense spending, Congress is considering how to stay within the spending limits, or caps, set by the Budget Control Act (BCA). Under the BCA, all defense spending for the defense base budget—excluding amounts designated for “Overseas Contingency Operations” (OCO) or emergencies—is subject to annual BCA caps.
For funds to be counted as OCO funding that is essentially exempt from BCA caps, Congress must first designate funds in law on an account-by-account basis, and the President must subsequently do the same. The OCO designation therefore requires a...
Laws Affecting the Federal Employees Health Benefits (FEHB) Program
For more than 50 years, the Federal Employees Health Benefits (FEHB) Program has been providing health insurance coverage to federal employees, retirees, and their dependents. It is the largest employer-sponsored health insurance program in the country, covering about 8.2 million enrollees each year.
The program was created by the Federal Employees Health Benefits Act of 1959 (FEHBA; P.L. 86-382). FEHBA and its subsequent amendments established the parameters for eligibility; election of coverage; the types of health plans and benefits that may be offered; and the level of the government’s...
U.S. Agency for International Development (USAID): Background, Operations, and Issues
This report provides background information on the institutional makeup and operations of the U.S. Agency for International Development (USAID), the leading international humanitarian and development arm of the U.S. government. The report then discusses in greater depth several aspects of the agency that might be of particular congressional interest.
In FY2015, USAID is responsible for more than $20 billion in appropriations, representing more than one-third of the International Affairs 150 budget function and more than half of total foreign assistance encompassed by the State, Foreign...
GAO Bid Protests: Trends and Analysis
Bid protests on federal government contracts filed with the Government Accountability Office (GAO) have received congressional scrutiny due to protests of high-profile awards and reports that the number of protests is increasing. Concerns over delays in contract award or performance triggered by a GAO protest, coupled with the increasing number of GAO protests, have prompted concerns about the potential impact of protests upon government agency operations, especially in the Department of Defense (DOD). Both the House- and Senate- passed versions of the FY2016 National Defense Authorization...
Microbeads: An Emerging Water Quality Issue
This report discusses the debate over how to address growing environmental concerns regarding microbeads (synthetic particles made of either polyethylene or polypropylene plastic) and whether federal regulation to control or ban them is needed. A number of companies are voluntarily removing microbeads from their products, and some states--eight so far--have passed laws to ban manufacture and sale of products with microbeads.
Update on the Highly-Pathogenic Avian Influenza Outbreak of 2014-2015
The U.S. poultry industry is experiencing a severe outbreak of highly-pathogenic avian influenza (HPAI). The U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service (APHIS) has reported 223 cases of HPAI in domestic flocks in 15 states. With the start of summer, the finding of new cases slowed. The last reported new case was in Iowa on June 17, 2015. More than 48 million chickens, turkeys, and other poultry have been euthanized to stem the spread of the disease. Cases have been caused by several highly pathogenic H5 avian influenza (AI) strains that result in...
The Voting Rights Act of 1965: Background and Overview
The Voting Rights Act (VRA) was successfully challenged in a June 2013 case decided by the U.S. Supreme Court in Shelby County, Alabama v. Holder. The suit challenged the constitutionality of Sections 4 and 5 of the VRA, under which certain jurisdictions with a history of racial discrimination in voting—mostly in the South—were required to “pre-clear” changes to the election process with the Justice Department (the U.S. Attorney General) or the U.S. District Court for the District of Columbia. The preclearance provision (Section 5) was based on a formula (Section 4) that considered voting...
Takings Decisions of the U.S. Supreme Court: A Chronology
This report is a reverse chronological listing of U.S. Supreme Court decisions addressing claims that a government entity has “taken” private property, as that term is used in the Takings Clause of the Fifth Amendment. The Takings Clause states: “[N]or shall private property be taken for public use, without just compensation.” A scattering of related, substantive due process decisions is also included.
Under the Takings Clause, courts allow two distinct types of suit. Condemnation (also “formal condemnation”) occurs when a government or private entity formally invokes its power of eminent...
Can Military Servicemembers Carry Firearms for Personal Protection on Duty?
This report briefly discusses the applicable law and policy regarding government-issued firearms for personal protection of servicemembers on duty.
Cyber Intrusion into U.S. Office of Personnel Management: In Brief
On June 4, 2015, the U.S. Office of Personnel Management (OPM) revealed that a cyber intrusion had impacted its information technology systems and data, potentially compromising the personal information of about 4.2 million former and current federal employees. Later that month, OPM reported a separate cyber incident targeting OPM’s databases housing background investigation records. This breach is estimated to have compromised sensitive information of 21.5 million individuals.
Amid criticisms of how the agency managed its response to the intrusions and secured its information systems,...
The President makes appointments to positions within the federal government, either using the authorities granted by law to the President alone or with the advice and consent of the Senate. This report identifies all nominations that were submitted to the Senate for full-time positions in 40 organizations in the executive branch (27 independent agencies, 6 agencies in the Executive Office of the President [EOP], and 7 multilateral organizations) and 4 agencies in the legislative branch. It excludes appointments to executive departments and to regulatory and other boards and commissions,...
Presidential Appointments to Full-Time Positions in Executive Departments During the 113th Congress
The President makes appointments to positions within the federal government, either using the authorities granted by law to the President alone, or with the advice and consent of the Senate. There are some 351 full-time leadership positions in the 15 executive departments for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate during the 113th Congress for full-time positions in these 15 executive departments.
Information for each department is presented in tables. The tables include full-time positions confirmed by the Senate, pay...
Fair Pay and Safe Workplaces Order: Answers to Questions
This report discusses Executive Order 13673, Fair Pay and Safe Workplaces, which has the stated intent of increasing “efficiency and cost savings” by ensuring that executive branch procurement contractors understand and comply with labor laws.
Fair Pay and Safe Workplaces Executive Order: Questions and Answers
On July 31, 2014, President Obama issued Executive Order 13673, Fair Pay and Safe Workplaces, with the stated intent of “increas[ing] efficiency and cost savings in the work performed by parties who contract with the Federal Government by ensuring that they understand and comply with labor laws.” The order requires that executive branch procurement contractors disclose information about their compliance with 14 specified federal labor laws and their state equivalents as part of the award process. It also requires that agency contracting officers take these disclosures into consideration...
What are the Department of Defense (DOD) Policies on Transgender Service?
This report briefly discusses Department of Defense Policies regarding transgender service.
The Dominican Republic: Tensions with Haiti over Citizenship and Migration Issues
This report discusses the dispute between the Dominican Republic and Haiti regarding the citizenship status of some 200,000 Dominicans of Haitian descent, as well as undocumented migrants in the Dominican Republic, which threatens to exacerbate tensions between the two neighbors.
On May 26, 2015, the Centers for Medicare & Medicaid Services (CMS) released a proposed rule (CMS-2390-P) laying out the agency’s plan to update the federal regulations pertaining to Medicaid managed care, under which states contract with private health insurers to provide health care to some enrollees. The proposed rule was posted to the Federal Register on June 1, 2015.
The proposed rule would be the first major federal regulation impacting Medicaid managed care since 2002. In the early 1990s, states began turning to managed care to deliver benefits to enrollees. In FY2011, 49.8% of...
U.S. Command and Control and Intelligence, Surveillance, and Reconnaissance Aircraft
The fleet of manned aircraft accomplishing the Department of Defense’s (DOD’s) Command and Control (C2) and Intelligence, Surveillance, and Reconnaissance (ISR) missions for the joint military community (E-8, E-3, RC-135, WC-135, OC-135, and E-6) is primarily based on Boeing 707 aircraft procured from the 1960s to the early 1990s. As the age of these legacy C2ISR aircraft increases, understanding the Air Force and Navy modernization and recapitalization plans is likely important for Congress. This report examines the Air Force’s and Navy’s current sustainment, modernization, and...
Juvenile Justice: Legislative History and Current Legislative Issues
Juvenile justice in the United States has predominantly been the province of the states and their localities. The first juvenile court in America was founded in 1899 in Cook County, Illinois, and, by 1925, all but two states had established juvenile court systems. The mission of these early juvenile courts was to rehabilitate young delinquents instead of just punishing them for their crimes; in practice, this led to marked procedural and substantive differences between the adult and juvenile court systems in the states, including a focus on the offenders and not the offenses, and...
DRIVE Act Would Increase Highway Funding Faster than Projected Inflation
This report briefly discusses the Developing a Reliable and Innovative Vision for the Economy Act (DRIVE Act; S. 1647). The DRIVE Act would authorize $278 billion for a six-year federal highway program.
Hydraulic Fracturing and Safe Drinking Water Act Regulatory Issues
Congressional Research Service 7-5700 www.crs.gov R41760 Summary Hydraulic fracturing is a technique developed initially to stimulate oil production from wells in declining oil reservoirs. With technological advances, hydraulic fracturing is now widely used to initiate oil and gas production in unconventional (low-permeability) oil and gas formations that were previously uneconomical to produce. Nationwide, this process is now used in more than 90% of new oil and gas wells and in many existing wells to stimulate production. Hydraulic fracturing is done after a well is drilled and involves...
This report briefly discusses the announcement by Federal Bureau of Investigation (FBI) Director James Comey that the alleged assailant in the Charleston, SC, mass murder/shooting at the Emanuel African Methodist Episcopal Church might have been prevented from acquiring a handgun if not for possible recordkeeping oversights on the part of the FBI and Columbia, SC, city police and county sheriff's departments.
State and Local "Sanctuary" Policies Limiting Participation in Immigration Enforcement
While the power to prescribe rules as to which aliens may enter the United States and which aliens may be removed resides solely with the federal government, the impact of alien migration—whether lawful or unlawful—is arguably felt most directly in the communities where aliens settle. State and local responses to unlawfully present aliens within their jurisdictions have varied considerably, particularly as to the role that state and local police should play in enforcing federal immigration law. Some states, cities, and other municipalities have sought to play an active role in immigration...
The Tibetan Policy Act of 2002: Background and Implementation
The Tibetan Policy Act of 2002 (TPA) is a core legislative measure guiding U.S. policy toward Tibet. Its stated purpose is “to support the aspirations of the Tibetan people to safeguard their distinct identity.” Among other provisions, the TPA establishes in statute the State Department position of Special Coordinator for Tibetan Issues and defines the Special Coordinator’s “central objective” as being “to promote substantive dialogue” between the government of the People’s Republic of China and Tibet’s exiled spiritual leader, the Dalai Lama, or his representatives. The Special...
Hunting and Fishing: Analysis of S. 556 and S. 659
Hunting, fishing, trapping, and recreational shooting, particularly on federal lands, have been the subjects of various bills for several Congresses. In general, federal land management agencies work with state fish and game agencies in setting quotas, bag or size limits, and other specifics of management. Some agencies currently open more than 90% of their acreage to hunting and fishing. Yet there has been criticism in recent years that insufficient federal land is open to hunting. In the 114th Congress, attention has focused on a pair of companion bills, S. 556 and S. 659. While both are...
Enacted in 1976, the Toxic Substances Control Act (TSCA) is the primary federal law that governs the regulation of chemicals in commerce. TSCA authorizes the Environmental Protection Agency (EPA) to determine whether regulatory control of a chemical substance is necessary to provide protection against “unreasonable risks” to those who are potentially exposed or to the environment. For several years leading up to the 114th Congress, there have been various legislative proposals to amend Title I of TSCA to revise the chemical evaluation process and the criteria by which chemical substances...
Hydropower: Federal and Nonfederal Investment
Congress continues to look at various fuel contributions to the electricity market and federal involvement with these fuel sources. Hydropower, the use of flowing water to produce electricity, is one such contribution. Conventional hydropower accounted for approximately 6% of total U.S. net electricity generation in 2014.
Hydropower has advantages and disadvantages as an energy source. Its advantages include its ability to be a continuous, or baseload, power source that releases minimal air pollutants during power generation relative to fossil fuels. Some of its disadvantages, depending...
District of Columbia: Issues in the 114th Congress
In the coming weeks and months the 114th Congress will debate a number of funding, governance, and constitutional issues affecting the District of Columbia, including budget and legislative autonomy, voting representation in the national legislature, federal appropriations, and congressionally supported education initiatives. In addition, Congress may consider measures intended to void or otherwise modify acts and initiatives approved by District citizens and their elected representatives. The mechanisms available to Congress in carrying out its oversight of District affairs include...
Trans-Pacific Partnership (TPP) Countries: Comparative Trade and Economic Analysis
The Trans-Pacific Partnership (TPP) is a proposed regional free trade agreement (FTA) among 12 countries: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam. The negotiating parties describe the TPP as a proposed “living agreement,” which seeks to cover new trade topics and to include new members that are willing to adopt its high standards. The ongoing negotiations, which TPP country trade ministers have repeatedly announced are in the final stages, may progress more quickly with the recent congressional grant of Trade...
The National Oceanic and Atmospheric Administration (NOAA) Budget for FY2016
The National Oceanic and Atmospheric Administration (NOAA) conducts scientific research in areas such as ecosystems, climate, global climate change, weather, and oceans; supplies information and data on the oceans and atmosphere; and manages coastal and marine organisms and environments. In 1970, Reorganization Plan No. 4 created NOAA in the Department of Commerce. Reorganization Plan No. 4 brought together environmental agencies from within the Department of Commerce, such as the National Weather Service, and from other departments and agencies, such as the Department of the Interior’s...
Considerations for a Catastrophic Declaration: Issues and Analysis
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) is the principal authority governing federal emergency and disaster response in the United States. The act authorizes the President to issue three categories of declaration: (1) major disaster, (2) emergency, or (3) fire management assistance grants in response to incidents that overwhelm the resources of state and local governments. Once a major disaster declaration is issued, a wide range of federal disaster assistance becomes available to eligible individuals and households, public entities, and...
Trade Promotion Authority (TPA) and the Role of Congress in Trade Policy
Legislation to reauthorize Trade Promotion Authority (“TPA”), sometimes called “fast track,” was signed by President Obama on June 29, 2015 (P.L. 114-26). It was introduced as the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015; H.R. 1890/S. 995) on April 16, 2015. The legislation was reported by the Senate Finance Committee on April 22, 2015, and by the House Ways and Means Committee the next day. TPA, as incorporated into H.R. 1314 by substitute amendment, passed the Senate on May 22 by a vote of 62-37. In the House of Representatives, the measure was...
Physical Security of the U.S. Power Grid: High-Voltage Transformer Substations
The U.S. electric power grid consists of over 200,000 miles of high-voltage transmission lines and hundreds of large transformer substations. High voltage (HV) transformer units make up less than 3% of U.S. transformers, but they carry 60%-70% of the nation’s electricity. Because they serve as vital nodes, HV transformers are critical to the nation’s electric grid. HV transformers are also the most vulnerable to damage from malicious acts.
For more than 10 years, the electric utility industry and government agencies have engaged in activities to secure HV transformers from physical attack...
How the Federal Sentencing Guidelines Work: An Overview
Sentencing for all serious federal noncapital crimes begins with the federal Sentencing Guidelines. Congress establishes the maximum penalty and sometimes the minimum penalty for every federal crime by statute. In between, the Guidelines establish a series of escalating sentencing ranges based on the circumstances of the offense and the criminal record of the offender. The Guidelines do so using a score-keeping procedure. The Guidelines process involves:
I. Identification of the most appropriate Guidelines section for the crime(s) of conviction, based on the nature of the offense (the most...
For purposes of this analysis, CRS selected 35 sections of the House-passed version of FY2016 National Defense Authorization Act (H.R. 1735), and 47 sections of the Senate-passed version of FY2016 NDAA (also H.R. 1735) that appear closely linked to the respective committee’s efforts to reform the acquisition system (excluding Sense of Congress). Each section is identified as fitting into one (or more) of the following four overarching categories: gathering information for future action, streamlining the current process, improving the effectiveness of the current process, and/or improving...
How the Federal Sentencing Guidelines Work: An Abridged Overview
Sentencing for all serious federal noncapital crimes begins with the federal Sentencing Guidelines. Congress establishes the maximum penalty and sometimes the minimum penalty for every federal crime by statute. In between, the Guidelines establish a series of escalating sentencing ranges based on the circumstances of the offense and the criminal record of the offender. The Guidelines do so using a score-keeping procedure. The Guidelines process involves:
I. Identification of the most appropriate Guidelines section for the crime(s) of conviction, based on the nature of the offense (the most...
Middle East Respiratory Syndrome (MERS-CoV): World Health Organization Responses
This report discusses responses to the recent outbreak of Middle East Respiratory Syndrome coronavirus (MERS-CoV), which has spread to more than a dozen countries.
Prospects for Democracy in Hong Kong: The 2017 Election Reforms (Update)
The United States-Hong Kong Policy Act of 1992 (P.L. 102-383) declares that, “Support for democratization is a fundamental principle of U.S. foreign policy. As such, it naturally applies to United States policy toward Hong Kong.” China’s law establishing the Hong Kong Special Administration Region (HKSAR), commonly referred to as the “Basic Law,” declares that “the ultimate aim” is the selection of Hong Kong’s Chief Executive (CE) and Legislative Council (Legco) by universal suffrage. The year 2015 may be a pivotal year for making progress toward the objectives of both of these laws. It...
Ex-Im Bank's General Statutory Authority Expires
This report discusses the Export-Import Bank (Ex-Im Bank), a wholly owned federal government corporation which seeks to provide direct loans, loan guarantees, and export credit insurance to: (1) support exports that the private sector is unwilling or unable to finance alone at commercially viable terms; and/or (2) counter government-backed financing offered by foreign countries through their export credit agency (ECA).
California Agricultural Production and Irrigated Water Use
California ranks as the leading agricultural state in the United States in terms of farm-level sales. In 2012, California’s farm-level sales totaled nearly $45 billion and accounted for 11% of total U.S. agricultural sales. Five counties—Tulare, Kern, Fresno, Monterey, and Merced—rank among the leading agricultural counties in the nation.
Given current drought conditions in California, however, there has been much attention on the use of water to grow agricultural crops in the state. Depending on the data source, irrigated agriculture accounts for roughly 40% to 80% of total water...
U.S.-Republic of Korea Nuclear Cooperation Agreement
The United States and South Korea have cooperated in the peaceful use of nuclear energy for over 50 years. This cooperation includes commercial power reactor projects as well as research and development work on safety, safeguards, advanced nuclear reactors, and fuel cycle technologies. This report discusses the new civilian nuclear cooperation agreement between the United States and South Korea.
Burma's Parliament Defeats Constitutional Amendments
This report discusses the recent defeat of 5 proposed constitutional amendments in Burma that arguably could have advanced democratic reforms in which Congress has shown an interest.
This report briefly discusses the current economic situation in Greece. Questions about whether Greece will stay in the Eurozone have resurfaced, as the government's stalemate with the International Monetary Fund (IMF) and Eurozone creditors has reached a critical point.
Congress has historically been quite interested in recruiting and retention of personnel in the nation’s Armed Forces, since maintaining a fully manned and capable workforce is a key component of military readiness. This report provides a brief overview of the recruiting and retention results for Active and Reserve Component enlisted personnel during FY2013 and FY2014.
Recruiting and Retention Metrics
Recruiting performance for enlisted personnel is principally measured in terms of meeting quantity and quality goals. Quantity goals are based on the projected need for new personnel each...
Life-Cycle Greenhouse Gas Assessment of Coal and Natural Gas in the Power Sector
Recent expansion in natural gas production has made the resource an increasingly significant component in the U.S. energy market. Further, a number of policies recently proposed and/or promulgated at the federal, state, and local levels may serve to accelerate this development. Examples of federal policies include U.S. Environmental Protection Agency air standards for power plants and vehicles, as well as bills introduced in the 114th Congress to promote increased natural gas production on federal lands, amend provisions in the tax code to incentivize natural gas production and use, and...
U.S. Capital Markets and International Accounting Standards: GAAP Versus IFRS
Capital markets function most efficiently when investors and creditors have a high degree of trust in the quality of information communicated by firms. Financial reports and disclosures are the primary means by which firms communicate about their performance with investors, creditors, regulators, and the public. Since the creation of the Securities and Exchange Commission (SEC) in 1930s, domestic companies in the United States have used U.S. Generally Accepted Accounting Principles (U.S. GAAP) to issue financial reports.
In 2002, the International Accounting Standards Board (IASB) was...
Sex Trafficking: An Abbreviated Overview of Federal Criminal Law
Sex trafficking is a state crime. Federal law, however, makes it a federal crime to conduct the activities of a sex trafficking enterprise in a way that affects interstate or foreign commerce or that involves travel in interstate or foreign commerce. Section 1591 of Title 18 of the United States Code outlaws sex trafficking activities that affect interstate or foreign commerce. The Mann Act outlaws sex trafficking activities that involve travel in interstate or foreign commerce. The Justice for Victims of Trafficking Act of 2015 (Victims Justice Act; P.L. 114-22/S. 178) amended both §1591...
Sex Trafficking: An Overview of Federal Criminal Law
Sex trafficking is a state crime. Federal law, however, makes it a federal crime to conduct the activities of a sex trafficking enterprise in a way that affects interstate or foreign commerce or that involves travel in interstate or foreign commerce. Section 1591 of Title 18 of the United States Code outlaws sex trafficking activities that affect interstate or foreign commerce. The Mann Act outlaws sex trafficking activities that involve travel in interstate or foreign commerce. The Justice for Victims of Trafficking Act of 2015 (Victims Justice Act; P.L. 114-22/S. 178) amended both §1591...
The Toxic Substances Control Act (TSCA) was enacted in 1976 to govern the regulation of chemical substances in U.S. commerce. Its core provisions have not been significantly amended since that time. Under TSCA, the Environmental Protection Agency (EPA) has implemented a chemicals management program over the past four decades. EPA has issued a very limited number of risk management rules under TSCA to restrict chemicals it has found to present unreasonable risks of injury to human health or the environment. Meanwhile, states and, in a few cases, local subdivisions of states have enacted an...
Determining the future role of U.S. nuclear weapons within the U.S. national security strategy is currently a topic of much debate. Many senior leaders are determined to design a strategy that defines a new role for U.S. nuclear weapons and makes those weapons responsive and relevant in today’s global threat environment. The current U.S. nuclear enterprise consists of a triad of options: Intercontinental Ballistic Missiles (ICBMs), Submarine Launched Ballistic Missiles (SLBMs), and long-range bombers. All three legs of the nuclear triad are aging, since they were largely built to counter...
Congressional Research Service 7-5700 www.crs.gov R42745 Summary Medicare is a nationwide health insurance program for individuals aged 65 and over and certain disabled individuals. The basic Medicare benefit package (termed “original Medicare” in this report) provides broad protection against the costs of many health care services. However, Medicare beneficiaries may still have significant additional costs, including co-payments, coinsurance, deductibles, and the full cost of services that are not covered by Medicare. To decrease their potential financial liability, some Medicare...
Comparison of Post-9/11 GI Bill® and Pell Grant Administration
This report compares and contrasts the administration of the Post-9/11 Veterans Educational Assistance Act of 2008 (Post-9/11 GI Bill®)—enacted as Title V of the Supplemental Appropriations Act, 2008 (P.L. 110-252)—and Federal Pell Grants, as authorized by Title IV-A-1 of the Higher Education Act (HEA). The Post-9/11 GI Bill provides educational assistance payments to eligible servicemembers and veterans, and their dependents. One of its primary objectives is readjustment of veterans to civilian life and the workforce. The federal Pell Grant program provides grant aid payments to eligible...
Navy Shipboard Lasers for Surface, Air, and Missile Defense: Background and Issues for Congress
This report focuses on potential Navy shipboard lasers for countering surface, air, and ballistic missile threats. It does not discuss the use of lasers on Navy aircraft or submarines, or the use of lasers by other military services. This report is based on unclassified, open-domain information from the Navy, industry, and research organizations such as RAND.
Immigration-Related Worksite Enforcement: Performance Measures
Under current Department of Homeland Security (DHS) guidance on immigration-related worksite enforcement, the agency uses available civil and administrative tools, including civil fines and debarment, to penalize and prevent unlawful employment. According to 2012 estimates, there are some 8.1 million unauthorized workers in the U.S. civilian labor force.
DHS’s U.S. Immigration and Customs Enforcement (ICE) is responsible for immigration-related worksite enforcement, or enforcement of the prohibitions on unauthorized employment in Section 274A of the Immigration and Nationality Act (INA)....
The William D. Ford Federal Direct Loan (DL) program, authorized under Title IV, Part D of the Higher Education Act of 1965 (HEA), as amended, is the primary federal student loan program administered by the U.S. Department of Education (ED). The program makes available loans to undergraduate and graduate students and the parents of dependent undergraduate students to help them finance their postsecondary education expenses. Four types of loans are offered: Subsidized Stafford Loans for undergraduate students; Unsubsidized Stafford Loans for undergraduate and graduate students; PLUS Loans...
U.S. Customs and Border Protection: Trade Facilitation, Enforcement, and Security
International trade is a critical component of the U.S. economy, with U.S. merchandise imports amounting to $2.4 trillion and exports to $1.6 trillion in 2014. The efficient flow of legally traded goods in and out of the United States is thus a vital element of the country’s economic security.
U.S. Customs and Border Protection (CBP), within the Department of Homeland Security (DHS), is the primary agency charged with monitoring, regulating, and facilitating the flow of goods through U.S. ports of entry (POEs). CBP’s policies are designed to (1) ensure the smooth flow of imported cargo...
Heightened commodity price volatility since 2008—driven by major market-shifting events, including increased demand for corn under strong federal biofuels incentives, a prolonged surge in China’s soybean import demand, and the severe U.S. drought of 2012—has generated many questions about linkages between farm commodity prices and U.S. food price inflation from Members of Congress and their constituents. This report responds to those concerns by addressing the linkage between farm and retail food prices. Retail food price inflation is addressed in CRS Report R40545, Consumers and Food...
Timeline Related to Health Insurance and Exchange Rules: Backdrop to King v. Burwell
The Supreme Court is expected to issue a decision in King v. Burwell by the end of June. The central issue in the case is whether the Affordable Care Act (ACA; P.L. 111-148, as amended) gives authority to the U.S. Department of the Treasury to make premium tax credits available to eligible individuals in every state (including the District of Columbia) or just the states that choose to establish their own health insurance exchanges (state-based exchanges, or SBEs).
As of the date of this report, the direction and scope of the Court decision is unknown. However, it is generally agreed that...
Social Networking and Committee Communications: Use of Twitter and Facebook in the 113th Congress
Communications between congressional committees and constituents and stakeholder groups have changed with the development of social networking services. Many committees now use email, official websites, blogs, YouTube channels, Twitter, Facebook, and other services—technologies that were either nonexistent or not widely available until recently—to communicate with Members of Congress, constituents, and stakeholder groups.
Social networking services have arguably served to enhance the ability of congressional committees to reach Members of Congress, constituents, and stakeholder groups and...
Cybersecurity and Information Sharing: Comparison of H.R. 1560 and H.R. 1731 as Passed by the House
Effective sharing of information in cybersecurity is generally considered an important tool for protecting information systems and their contents from unauthorized access by cybercriminals and other adversaries. Five bills on such sharing have been introduced in the 114th Congress—H.R. 234, H.R. 1560, H.R. 1731, S. 456, and S. 754. The White House has also submitted a legislative proposal and issued an executive order on the topic.
In the House, H.R. 1560, the Protecting Cyber Networks Act (PCNA), was reported out of the Intelligence Committee. H.R. 1731, the National Cybersecurity...
Tribal Jurisdiction over Nonmembers: A Legal Overview
Indian tribes are quasi-sovereign entities that enjoy all the sovereign powers that are not divested by Congress or inconsistent with the tribes’ dependence on the United States. As a general rule, this means that Indian tribes cannot exercise criminal or civil jurisdiction over nonmembers. There are two exceptions to this rule for criminal jurisdiction. First, tribes may exercise criminal jurisdiction over nonmember Indians. Second, tribes may try non-Indians who commit dating and domestic violence crimes against Indians within the tribes’ jurisdictions provided the non-Indians have...
The Medical Device Excise Tax: Economic Analysis
The 2.3% medical device tax imposed by the Affordable Care Act (ACA; P.L. 111-148) in 2010 was one of a number of additional revenue-raising provisions to finance health reform. This tax, which took effect in January 2013, is projected to collect approximately $30.6 billion over the next 10 fiscal years (FY2016-FY2025), resulting in $24.4 billion of net revenue raised, after accounting for offsets from other taxes.
Some have called for a repeal of the medical device tax since enactment in 2010. Repeal of the tax has become such a high priority for some Members of Congress that it was one...
South Carolina Church Shooting and Hate Crime in the United States
This report provides statistics on Hate Crimes in the United States, in the wake of the South Carolina Church Shooting on June 18, 2015.
Chinese Land Reclamation in the South China Sea: Implications and Policy Options
Since September 2013, China has undertaken extensive reclamation and construction on several reefs in the Spratly Island chain in the South China Sea, raising a variety of concerns in the United States and Asia. The reclamation has created over 2,000 acres (809 hectares) of artificial landmasses on Chinese-occupied reefs that are disputed between several countries and are located in some of the world’s most heavily trafficked waters. China announced on June 16, 2015, that its reclamation work would be completed “in the upcoming days,” and that when reclamation was finished, it would turn...
Protecting Civil Aviation from Cyberattacks
This report briefly discusses cyber-security issues in civil aviation. unclear. A recent probe into alleged hacking incidents unfolded just weeks after the Federal Bureau of Investigation (FBI) and the Transportation Security Administration (TSA) alerted airlines to be on the lookout for passengers trying to tap into aircraft electronics and for evidence of tampering or network intrusions.
DOE’s Office of Science and the FY2016 Budget Request
The Department of Energy’s Office of Science conducts basic research in six overarching program areas: advanced scientific computing research, basic energy sciences, biological and environmental research, fusion energy sciences, high-energy physics, and nuclear physics. Through primarily these programs, the Department of Energy was the third-largest federal funder of basic research and the largest federal funder of research in the physical sciences in FY2014.
This budget and appropriations tracking report describes selected major items from the Administration’s FY2016 budget request for...
ARPA-E and the FY2016 Budget Request
The Advanced Research Projects Agency–Energy, or ARPA-E, was established within the Department of Energy to “overcome the long-term and high-risk technological barriers in the development of energy technologies” (P.L. 110-69, §5012). Patterned after the widely lauded Defense Advanced Research Projects Agency (DARPA)—which played a key role in the development of critical technologies such as satellite navigation and the Internet—ARPA-E has supported more than 400 energy technology research projects since Congress first funded it in FY2009.
This budget and appropriations tracking report...
Modification of Child Support Orders: Background, Policy, and Concerns
Child support orders are almost always expressed in fixed dollar amounts, and over time the needs of the child and the financial circumstances of one or both parents may change. However, without periodic modifications, child support obligations can become inadequate and/or inequitable or may not correspond to the noncustodial parent’s income and/or ability to pay.
Under current law (pursuant to P.L. 109-171, the Deficit Reduction Act of 2005), states are required to review and, if appropriate, adjust child support orders at least once every three years in cases in which the family is...
Fact Sheet: Selected Highlights of the FY2016 Defense Appropriations Bills (H.R. 2685 and S. 1558)
This fact sheet summarizes selected highlights of the version of the FY2016 Defense Appropriations Bill passed by the House on June 11, 2015 (H.R. 2685) and the version reported by the Senate Appropriations Committee the same day (S. 1558).
The Addition of Trainers to Iraq: Background for Congress
Responding to recent setbacks in Iraq and Syria in the fight against the Islamic State organization (IS, aka ISIL/ISIS/Daesh), on June 10, 2015, President Obama authorized the deployment of an additional 450 troops to train, advise and assist the Iraqi Security Forces. These U.S. forces are to join the 3,100 already in theater, which would bring the total number of U.S. forces in Iraq up to approximately 3,550. Approximately half of those additional forces would advise the 8th Iraqi Division on the use of its ground forces and help build connections between the government in Baghdad and...
African Growth and Opportunity Act (AGOA): Background and Reauthorization
The African Growth and Opportunity Act (AGOA) is a nonreciprocal trade preference program that provides duty-free treatment to U.S. imports of certain products from eligible sub-Saharan African (SSA) countries. There are 49 candidate SSA countries with 39 currently eligible for the preference benefits. Congress first authorized AGOA in 2000 to encourage export-led growth and economic development in SSA and improve U.S. economic relations with the region. Its current authorization expires on September 30, 2015.
Bills to renew the preference program (H.R. 1891/S. 1009) were introduced in...
Turkey After June 2015 Elections: Erdogan and the AKP Fall Short
This report discusses the parliamentary politics of Turkey in the wake of elections held on June 7, 2015. Although Turkey's Islamist-rooted Justice and Development Party (AKP) won the most seats in parliamentary elections, it lost the governing majority it had enjoyed since 2002--probably ending President Recep Tayyip Erdogan's (air-doe-wan) hopes for constitutional change to increase his formal powers.
Intelligence Authorization Legislation for FY2016: Selected Provisions
This report briefly highlights key provisions of H.R. 2596, the Intelligence Authorization Act for Fiscal Year 2016 (IAA for FY2016), which provides guidance to, and authorizes appropriations for, components of the U.S. Intelligence Community (IC).
Conference Reports and Joint Explanatory Statements
When a conference committee completes its work successfully, the committee presents and explains its agreements in two documents: first, a conference report; and second, a joint explanatory statement, often called a statement of managers.
The conference report presents the formal legislative language on which the conference committee has agreed. The joint explanatory statement explains the various elements of the conferees’ agreement in relation to the positions that the House and Senate had committed to the conference committee.
Critical Infrastructures: Background, Policy, and Implementation
The nation’s health, wealth, and security rely on the production and distribution of certain goods and services. The array of physical assets, functions, and systems across which these goods and services move are called critical infrastructures (e.g., electricity, the power plants that generate it, and the electric grid upon which it is distributed).
The national security community has been concerned for some time about the vulnerability of critical infrastructure to both physical and cyberattack. In May 1998, President Clinton released Presidential Decision Directive No. 63. The Directive...
Cybersecurity Issues for the Bulk Power System
In the United States, it is generally taken for granted that the electricity needed to power the U.S. economy is available on demand and will always be available to power our machines and devices. However, in recent years, new threats have materialized as new vulnerabilities have come to light, and a number of major concerns have emerged about the resilience and security of the nation’s electric power system. In particular, the cybersecurity of the electricity grid has been a focus of recent efforts to protect the integrity of the electric power system.
The increasing frequency of cyber...
Sex Trafficking: Proposals in the 114th Congress to Amend Federal Criminal Law
Existing federal law outlaws sex trafficking and provides a variety of mechanisms to prevent it and to assist its victims. Members have offered a number of proposals during the 114th Congress to bolster those efforts. Several clarify, expand, or supplement existing federal criminal law.
For instance, Senator Cornyn’s S. 178, which was packaged with Representative Poe’s H.R. 181 and several proposals and enacted as the Justice for Victims of Trafficking Act of 2015 (P.L. 114-22), confirms that federal commercial sex trafficking prohibitions apply to the customers of such enterprises. P.L....
Justice for Victims of Trafficking Act: A Legal Analysis of the Criminal Provisions of P.L. 114-22
The Justice for Victims of Trafficking Act, P.L. 114-22 (S. 178), establishes and enhances a host of federal programs designed to prevent human trafficking and assist its victims. It also adjusts federal criminal law in the areas of substantive criminal law, victims’ rights, and related criminal procedure. It is these adjustments that are the subject of this report.
P.L. 114-22 amends the federal commercial sex trafficking statute, 18 U.S.C. 1591, to clarify the criminal liability of the advertisers and customers of a commercial sex trafficking enterprise. It modifies the Mann Act, which...
Train and Equip Program for Syria: Authorities, Funding, and Issues for Congress
In 2014, Congress for the first time provided the President with authority and funds to overtly train and lethally equip vetted members of the Syrian opposition for select purposes. These purposes include supporting U.S. efforts to combat the Islamic State and other terrorist organizations in Syria and setting the conditions for a negotiated settlement to Syria’s civil war. The FY2015 National Defense Authorization Act (NDAA, P.L. 113-291) and the FY2015 Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-235) provided that up to $500 million could be transferred from...
Campaign Finance: Constitutionality of Limits on Contributions and Expenditures
The First Amendment to the U.S. Constitution provides that “Congress shall make no law ... abridging the freedom of speech, or of the press.” This provision limits the government’s power to restrict speech. In 1976, the Supreme Court issued its landmark campaign finance ruling in Buckley v. Valeo. In Buckley, the Court determined that limits on campaign contributions, which involve giving money to an entity, and expenditures, which involve spending money directly for electoral advocacy, implicate rights of political expression and association under the First Amendment. In view of the fact...
Ending Cash Flow Financing to Egypt: Issues for Congress
On March 31, 2015, after a phone call between President Obama and Egyptian President Abdelfattah al Sisi, the White House announced that beginning in FY2018, the United States would stop providing cash flow financing (CFF) to Egypt. Cash flow financing is the financial mechanism that enables foreign governments to pay for U.S. defense equipment in partial installments over time rather than all at once; successive Administrations have authorized CFF for Egypt since 1979.
In recent years, as public scrutiny of U.S. military aid to Egypt has increased, some observers have criticized the...
FY2016 NDAA: A Comparison of House and Senate Provisions for Military Retirement Reform
This report discusses the military retirement system, which is a funded, noncontributory, defined benefit system that provides a monthly annuity to servicemembers after 20 years of qualifying service.
Legislation to Facilitate Cybersecurity Information Sharing: Economic Analysis
Data breaches, such as those at Target, Home Depot, Neiman Marcus, JPMorgan Chase, and Anthem, have affected financial records of tens of millions of households and seem to occur regularly. Companies typically respond by trying to increase their cybersecurity, hiring consultants, and purchasing new hardware and software. Policy analysts have suggested that sharing information about these breaches could be an effective and inexpensive part of improving cybersecurity. Firms share information directly on an ad hoc basis and through private-sector, nonprofit organizations, such as Information...
Department of Homeland Security: FY2015 Appropriations
This report analyzes the FY2015 appropriations for the Department of Homeland Security (DHS). While this report makes note of many budgetary resources provided to DHS, its primary focus is on funding approved by Congress through the appropriations process.
The Administration requested $38.332 billion in adjusted net discretionary budget authority for DHS for FY2015, as part of an overall budget of $60.919 billion (including fees, trust funds, and other funding that is not appropriated or does not score against the budget caps). The request amounted to a $0.938 billion, or 2.4%, decrease...
The Social Security Retirement Age: In Brief
Workers may claim full Social Security benefits at the full retirement age (FRA), which is rising gradually to age 67 for workers who were born in 1960 or later. Retired workers may claim benefits as early as age 62, which is known as the early eligibility age (EEA). Social Security benefits are reduced, however, for every month that retired worker benefits are claimed before the FRA.
Congressional Power to Create Federal Courts: A Legal Overview
The U.S. Constitution established only one federal court—the U.S. Supreme Court. Beyond this, Article III of the Constitution left it to the discretion of Congress to “ordain and establish” lower federal courts to conduct the judicial business of the federal government. From the very first, Congress established a host of different federal tribunals to adjudicate a variety of legal disputes. The two central types of federal “courts”—courts established under Article III and those tribunals that are not—differ in many respects, including with regard to their personnel, purposes, and...
A Parliamentary-Style Question Period: Proposals and Issues for Congress
In May 2008, Senator and presidential candidate John McCain stated that, as President, he would “ask Congress to grant me the privilege of coming before both Houses to take questions and address criticism, much the same as the Prime Minister of Great Britain appears regularly before the House of Commons.”
Such a “question period,” in which the chief executive official appears before the legislature to answer questions, is a feature of most parliamentary systems. Prime Minister’s Questions is a major component of British politics, receiving substantial press, radio, and television...
Procurement Debarment and Suspension of Government Contractors: Legal Overview
Debarment and suspension (collectively known as “exclusion”) are of perennial interest to Congress because exclusion is one of the primary techniques that federal agencies use to avoid dealings with vendors who have failed, or are deemed likely to fail, to meet their obligations under federal law or government contracts. Debarred contractors are generally ineligible for new federal contracts for a fixed period of time, while suspended contractors are generally ineligible for the duration of any investigation or litigation involving their conduct. Federal law specifies various grounds for...
An Overview of the Employment-Population Ratio
The Bureau of Labor Statistics (BLS) defines the employment-population ratio as the ratio of total civilian employment to the civilian noninstitutional population. Simply put, it is the portion of the population that is employed. The ratio is used primarily as a measure of job holders and to track the pace of job creation, relative to the adult population, over time.
The employment-population ratio has several properties that make it an attractive indicator for labor market analysis. It is easy to interpret and can be used to make meaningful comparisons across time and groups with...
Marijuana and Federal Tax Law: In Brief
As an increasing number of states have permitted the use of marijuana for medical and recreational uses, questions have arisen about the federal income tax consequences for businesses that sell marijuana and their buyers.
There is no question that income from selling marijuana is taxable to the seller, regardless of whether such sale is legal or not under federal or state law. While such income is taxable, the seller will be limited in its ability to deduct business expenses and claim tax credits. This is because Section 280E of the Internal Revenue Code (IRC) disallows a deduction or...
The Violence Against Women Act: Overview, Legislation, and Federal Funding
The Violence Against Women Act (VAWA) has been of ongoing interest to Congress since its enactment in 1994 (P.L. 103-322). The original act was intended to change attitudes toward domestic violence, foster awareness of domestic violence, improve services and provisions for victims, and revise the manner in which the criminal justice system responds to domestic violence and sex crimes. The legislation created new programs within the Departments of Justice (DOJ) and Health and Human Services (HHS) that aimed to reduce domestic violence and improve response to and recovery from domestic...
Congress has played an active role in U.S. policy toward Sudan for more than three decades. Efforts to support an end to the country’s myriad conflicts and human rights abuses have dominated the agenda, as have counterterrorism concerns. When unified (1956-2011), Sudan was Africa’s largest nation by area, bordering nine countries and stretching from the northern borders of Kenya and Uganda to the southern borders of Egypt and Libya. Strategically located along the Nile River and the Red Sea, Sudan was historically described as a crossroads between the Arab world and Africa. Domestic and...
In Brief: Options to Help Meet a Congressional Requirement for Nuclear Weapon “Pit” Production
A pit is the plutonium core of a thermonuclear weapon. Imploding it with conventional explosives provides the energy to detonate the rest of the weapon. The Rocky Flats Plant made up to 2,000 pits per year (ppy) through 1989; since then, the United States has made 29 pits for the stockpile. Yet the FY2015 National Defense Authorization Act requires the National Nuclear Security Administration (NNSA), which manages the nuclear weapons program, to produce at a rate of 80 ppy for 90 days in 2027. How can that requirement be met?
Pits are to be made at Los Alamos National Laboratory’s main...
Invasive Species: Issues in Brief
For the first few centuries after the arrival of Europeans in North America, plants and animals of many species were sent between the two continents. The transfer of non-natives consisted not only of intentional westbound species ranging from pigs to dandelions but also of intentional eastbound species, such as gray squirrels and tomatoes. And for those centuries, the remaining non-native species crossing the Atlantic, uninvited and often unwelcome, were ignored if they were noticed at all. They were joined by various species arriving deliberately or accidentally from Asia and Africa. The...
Transportation Conformity Under the Clean Air Act
Under the Clean Air Act, areas that have not attained one or more of the six National Ambient Air Quality Standards (currently more than 100 areas with a combined population of 143 million) must develop State Implementation Plans (SIPs) providing for implementation, maintenance, and enforcement of the NAAQS. The act requires that, in these areas, federal agencies not engage in, approve, permit, or provide financial support for activities that do not “conform” to the area’s SIP.
Although a wide range of federal funding and programs is subject to conformity, it is transportation planning...
Overview of Constitutional Challenges to NSA Collection Activities
Beginning in summer 2013, media reports of foreign intelligence activities conducted by the National Security Agency (NSA) have been widely published. The reports have focused on two main NSA collection activities approved by the Foreign Intelligence Surveillance Court (FISC) established under the Foreign Intelligence Surveillance Act (FISA) of 1978. The first is the bulk collection of telephony metadata for domestic and international telephone calls. The second involves the interception of Internet-based communications and is targeted at foreigners who are not within the United States,...
Maps of 2015 Individual Exchange Enrollment by Zip Code
This report presents a tool to examine exchange enrollment information by zip code with additional geographic boundaries.
Agricultural Disaster Assistance
This report briefly discusses the federal grand jury, which exists to investigate crimes against the United States and to secure the constitutional right of grand jury indictment.
The President makes appointments to certain positions within the federal government, either using authorities granted to the President alone or with the advice and consent of the Senate. There are some 149 full-time leadership positions on 34 federal regulatory and other collegial boards and commissions for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate for full-time positions on these 34 boards and commissions during the 113th Congress.
Information for each board and commission is presented in profiles and tables. The profiles...
Highly Pathogenic Avian Influenza: Ongoing Outbreak
This report gives a brief overview of the pathogenic avian influenza (HPAI), which as of May 15, 2015, the U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) reported 168 cases.
Stored Communications Act: Reform of the Electronic Communications Privacy Act (ECPA)
In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to both protect the privacy of an individual’s electronic communications and provide the government with a means for accessing these communications and related records. Although passed at the infancy of the Internet, the Stored Communications Act (SCA), which is part of ECPA, has been interpreted over the years to cover the content of emails, private Facebook messages, YouTube videos, and so-called metadata, or non-content information, connected to our Internet transactions (e.g., websites visited, to/from and...
Candidates, Groups, and the Campaign Finance Environment
This report briefly discusses the current campaign finance environment and the implications of changes to campaign finance policy over the past several decades.
This report discusses the legal background associated with the sunset of various provisions of the USA PATRIOT Act and of subsequent related legislation.
Selected Issues in Homeland Security Policy for the 114th Congress
In 2001, in the wake of the terrorist attacks of September 11th, “homeland security” went from being a concept discussed among a relatively small cadre of policymakers and strategic thinkers to a broadly discussed issue in Congress. Debates over how to implement coordinated homeland security policy led to the passage of the Homeland Security Act of 2002 (P.L. 107-296) and the establishment of the Department of Homeland Security (DHS). Evolution of America’s response to terrorist threats has continued under the leadership of different Administrations, Congresses, and in a shifting...
United Nations Reform: Background and Issues for Congress
Since its establishment in 1945, the United Nations (U.N.) has undergone numerous reforms as international stakeholders seek ways to improve the efficiency and effectiveness of the U.N. system. During the past two decades, controversies such as corruption in the Iraq Oil-For-Food Program, allegations of sexual abuse by U.N. peacekeepers, and instances of waste, fraud, and abuse by U.N. staff have focused attention on the need for change and improvement of the United Nations. Many in the international community, including the United States, continue to promote substantive reforms. The 114th...
International Investment Agreements (IIAs): Frequently Asked Questions
In recent decades, the United States has entered into binding investment agreements with foreign countries to facilitate investment flows, reduce restrictions on foreign investment and expand market access, and enhance investor protections, while balancing other policy interests. Some World Trade Organization (WTO) agreements address investment issues in a limited manner. In the absence of a comprehensive multilateral agreement, bilateral investment treaties (BITs) and investment chapters in free trade agreements (FTAs), known as international investment agreements (IIAs), have been the...
U.S. Citizenship and Immigration Services (USCIS) Functions and Funding
U.S. Citizenship and Immigration Services (USCIS), an agency within the Department of Homeland Security (DHS), performs multiple functions including the adjudication of immigration and naturalization petitions, consideration of refugee and asylum claims and related humanitarian and international concerns, and a range of immigration-related services, such as issuing employment authorizations and processing nonimmigrant change-of-status petitions. Processing immigrant petitions remains USCIS’s leading function. In FY2014, it handled roughly 6 million petitions for immigration-related...
How Have Small Banks Been Affected by Financial Reform?
This report briefly summarizes a CRS analysis of major rules issued since 2010 by banking regulators pursuant to the Dodd-Frank Act.
Pakistan-U.S. Relations: Issues for the 114th Congress
Congress has taken keen interest in U.S. relations with Pakistan, especially as related to counterterrorism and U.S. foreign assistance. The terrorist attacks of September 2001 transformed U.S.-Pakistan relations virtually overnight. After more than a decade under broad U.S. sanctions for its nuclear proliferation activities, and later for a military coup, Pakistan became a key ally in U.S.-led efforts to combat Islamist militancy and extremism. Pakistan has been a leading recipient of U.S. assistance for nearly 15 years, having received more than $20 billion in economic, security, and...
Uncertainty in Financial Projections of Social Security
The financial outlook for Social Security has been the subject of much analysis and debate. This report briefly discusses a report from the Social Security Board of Trustees which contains the federal government's official financial projections for the Social Security program.
Nuclear Weapon “Pit” Production: Options to Help Meet a Congressional Requirement
A pit is the plutonium core of a thermonuclear weapon. Imploding it with conventional explosives provides the energy to detonate the rest of the weapon. The Rocky Flats Plant made up to 2,000 pits per year (ppy) through 1989; since then, the United States has made 29 pits for the stockpile. Yet the FY2015 National Defense Authorization Act requires the National Nuclear Security Administration (NNSA), which manages the nuclear weapons program, to produce at a rate of 80 ppy for 90 days in 2027. How can that requirement be met?
Pits are to be made at Los Alamos National Laboratory’s main...
Individual Mandate Under the ACA
Since 2014, the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) has required most individuals to maintain health insurance coverage or potentially to pay a penalty for noncompliance. Specifically, most individuals are required to maintain minimum essential coverage for themselves and their dependents. Minimum essential coverage is a term defined in the ACA and its implementing regulations and includes most private and public coverage (e.g., employer-sponsored coverage, individual coverage, Medicare, and Medicaid, among others). Some individuals are exempt from...
The September 11, 2001 Terrorist Attacks: Reauthorization of Health and Injury Compensation Programs
For most disasters across the nation, the affected local, state, or tribal governments have sufficient capabilities to respond to the incident. However, for disasters with consequences that require unique capabilities or that overwhelm the existing capabilities of a respective state or tribal government, Congress has authorized and appropriated a suite of deployable federal assets to support domestic disaster response operations. This report reviews several key concepts about these federal assets, and highlights possible issues Congress may consider when evaluating their authorization and...
Obama Library Likely Headed to Chicago's South Side
This report briefly discusses the proposed construction of President Barack Obama's presidential library in the South Side of Chicago.
Military Construction, Veterans Affairs, and Related Agencies: FY2015 Appropriations
The Military Construction, Veterans Affairs, and Related Agencies appropriations bill provides funding for the planning, design, construction, alteration, and improvement of facilities used by active and reserve military components worldwide. It capitalizes military family housing and the U.S. share of the NATO Security Investment Program and finances the implementation of installation closures and realignments. It underwrites veterans benefit and health care programs administered by the Department of Veterans Affairs (VA), provides for the creation and maintenance of U.S. cemeteries and...
The Student Non-Discrimination Act (SNDA): A Legal Analysis
Introduced in each of the last several congressional sessions, the Student Non-Discrimination Act (SNDA) would prohibit discrimination on the basis of actual or perceived sexual orientation or gender identity in public elementary and secondary schools. The stated purpose of the legislation (H.R. 846/S. 439 in the 114th Congress) is to ensure that students are free from discriminatory conduct such as harassment, bullying, intimidation, and violence. SNDA appears to be patterned on Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in federally...
Consumers and Food Price Inflation
The heightened price volatility of global commodity markets in 2008, the devastating U.S. drought of 2012, China’s growing demand for international commodities, and almost routine media reports of daunting world population growth all raise the specter of food price inflation and generate many questions about farm and food price movements. Understanding food price changes and their effects on consumers is an important matter for Members of Congress and their constituents. This report provides information on the current status and outlook for U.S. food prices, measuring their changes and how...
Genomic Data and Privacy: Background and Relevant Law
Advances in genomics technology and information technology infrastructure, together with policies regarding the sharing of research data, support new approaches to genomic research but also raise new issues with respect to privacy. The development of new genomic sequencing technologies has allowed for the generation of big data, and recent changes in information technology infrastructure have facilitated big data storage and analytics. These developments are expected to support significant changes in health research and, eventually, in health care delivery.
Genetic and genomic research—and...
Employment for Veterans: Trends and Programs
Veterans’ employment outcomes in the civilian labor market are an issue of ongoing congressional interest. This report offers introductory data on veterans’ performance in the civilian labor market as well as a discussion of veteran-targeted federal programs that provide employment-related benefits and services.
According to federal data, the unemployment rate for veterans who served after September 2001 is higher than the unemployment rate for nonveterans. Conversely, the unemployment rate for veterans from prior service periods (a much larger population than post-9/11 veterans) is lower...
Contracting with Inverted Domestic Corporations: Answers to Frequently Asked Questions
Recent reports that certain entities continued to receive federal government contracts after reincorporating overseas have prompted questions about current and proposed restrictions on contracting with “inverted domestic corporations.” These questions are shaped, in part, by the broader debate over whether such corporations are to be seen as “deserters,” who change their corporate citizenship to avoid paying U.S. taxes, or as evidencing systemic problems in the U.S. tax code. However, they also reflect long-standing debate over whether and to what degree the federal procurement process...
This report briefly outlines the United Kingdom's recent election that was held on May 7, 2015 and resulted in a decisive victory for the Conservative Party.
Immigration Detainers: Legal Issues
An “immigration detainer” is a document by which U.S. Immigration and Customs Enforcement (ICE) advises other law enforcement agencies of its interest in individual aliens whom these agencies are detaining. ICE and its predecessor, the Immigration and Naturalization Service (INS), have used detainers as one means of obtaining custody of aliens for removal proceedings since at least 1950. ICE’s implementation of the Secure Communities program in the period between 2008 and 2014 raised numerous questions about detainers. This program relied upon information sharing between various levels and...
In-Country Refugee Processing: In Brief
The Obama Administration has established a new refugee program for certain minors in El Salvador, Guatemala, and Honduras with a parent who is lawfully present in the United States. Created in response to the FY2012-FY2014 surge in unaccompanied child arrivals to the United States from these countries, the Administration has described the new Central American Minors (CAM) program as providing an alternative to a dangerous journey to the United States.
The CAM program is an in-country refugee processing program, which means that eligible minors will be processed by the U.S. government from...
The federal grand jury exists to investigate crimes against the United States and to secure the constitutional right of grand jury indictment. Its responsibilities require broad powers.
As an arm of the U.S. District Court which summons it, upon whose process it relies, and which will receive any indictments it returns, the grand jury’s subject matter and geographical jurisdiction is that of the court to which it is attached.
As a general rule, the law is entitled to everyone’s evidence. Witnesses subpoenaed to appear before the grand jury, therefore, will find little to excuse their...
The White House Office of Science and Technology Policy: Issues for the 114th Congress
Congress established the Office of Science and Technology Policy (OSTP) through the National Science and Technology Policy, Organization, and Priorities Act of 1976 (P.L. 94-282). The act states, “The primary function of the OSTP Director is to provide, within the Executive Office of the President [EOP], advice on the scientific, engineering, and technological aspects of issues that require attention at the highest level of Government.” Further, “The Office shall serve as a source of scientific and technological analysis and judgment for the President with respect to major policies, plans,...
In 2007, the Supreme Court rendered one of its most important environmental decisions. In Massachusetts v. EPA, the Court held 5-4 that greenhouse gases (GHGs), widely viewed as contributing to climate change, constitute “air pollutants” as that phrase is used in the Clean Air Act (CAA). As a result, said the Court, the U.S. Environmental Protection Agency (EPA) had improperly denied a petition seeking CAA regulation of GHG emissions from new motor vehicles by citing, among other reasons, the agency’s lack of authority over such emissions.
This report offers a chronology of major federal...
International Air Service Controversies: Frequently Asked Questions
“Open skies” agreements are a form of international civil air service agreement that facilitates international aviation in a deregulated environment. They eliminate government involvement in airline decisionmaking about international routes, capacity, and prices. Since 1992, the United States has reached 114 open skies agreements governing international air passenger and air freight services.
There are two ongoing controversies that are related to open skies agreements. One controversy involves some U.S. network airlines’ and labor unions’ opposition to the expansion of three fast-growing...
Tesla's Home Battery--An Electricity Storage Breakthrough?
Cost-effective electricity storage has long been a kind of "Holy Grail" for the electric power sector. This report briefly discusses potential innovations in electricity storage.
Patents and Regulatory Exclusivities: Issues in Pharmaceutical Innovation and Competition
Patents and regulatory exclusivities have each been the subject of congressional interest in recent years. Patents, which are administered by the U.S. Patent and Trademark Office (USPTO), allow for a uniform 20-year term of protection for a variety of inventions. In contrast, regulatory exclusivities apply to drugs and biologic medicines regulated by the Food and Drug Administration (FDA). Federal legislation establishes a complex range of regulatory exclusivities applicable to, among other subjects, new chemical entities, orphan drugs, and generic drugs. In general, these intellectual...
Upon the enactment of the Patient Protection and Affordable Care Act (ACA), as amended, certain questions have been raised about how the ACA might affect existing law. One such existing law, the Genetic Information Nondiscrimination Act (GINA), is a civil rights statute and has as its purpose the prohibition of discrimination against individuals on the basis of genetic information. In order to effectuate this prohibition, GINA not only contains certain requirements for health insurance and a general prohibition of employment discrimination provisions, but also has strong privacy...
Frequently Asked Questions About Tax-Exempt Organizations
This report answers frequently asked questions about tax-exempt organizations. It provides basic answers and refers to sources of additional information that might be useful. The report focuses on the types of organizations described in Internal Revenue Code (IRC) Section 501(c), with the main emphasis on Section 501(c)(3) charitable organizations.
One set of questions addresses some of the primary characteristics of tax-exempt organizations, including whether they may participate in lobbying and election-related activities, and defines the terms “tax-exempt,” “nonprofit...
Invasive Species: Control Options and Issues for Congress
For the first few centuries after the arrival of Europeans in North America, plants and animals of many species were sent between the two land masses. The transfer of non-natives consisted not only of intentional westbound species ranging from pigs to dandelions but also of intentional eastbound species such as grey squirrels and tomatoes. And for those centuries, the remaining non-native species crossing the Atlantic, uninvited and often unwelcome, were ignored if they were noticed at all. They were joined by various species arriving deliberately or accidentally from Asia and Africa. The...
An Introduction to Health Insurance: What Should a Consumer Know?
Congress has seen a renewed interest in the market for private health insurance since the passage of the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended). This report provides an overview of private-sector (as opposed to government-provided) health insurance. It serves as an introduction to health insurance from the point of view of many consumers under the age of 65. No background in health insurance is assumed, and all terms are defined in the body of the report.
A consumer may find the purchase of health care inherently different from some other purchases....
Corporate Tax Base Erosion and Profit Shifting (BEPS): An Examination of the Data
Congress and the Obama Administration have expressed interest in addressing multinational corporations’ ability to shift profits into low- and no-tax countries with little corresponding change in business operations. Several factors appear to be driving this interest. Economists have estimated that profit shifting results in significant tax revenue losses annually, implying that reducing the practice could help address deficit and debt concerns. Profit shifting and base erosion are also believed to distort the allocation of capital as investment decisions are overly influenced by taxes....
Benefits for retired employees are of particular interest to policymakers, who often are concerned with the income security of retirees, a large and fast-growing population. One aspect of this congressional concern is what happens when bankrupt employers are unable to provide promised pension and health benefits to their retired employees.
In chapter 11 bankruptcy reorganization, the employer receives protections against its financial commitments in the hope that it may once again become profitable. This protection could include not having to honor obligations concerning pensions and...
Tax Expenditures: Overview and Analysis
Tax expenditures—revenue losses associated with targeted provisions that move the income tax away from a “theoretical normal” tax system—are a long-standing feature of the U.S. tax code. In some ways, tax expenditures resemble direct spending programs. They both have similar budgetary effects and provide incentives that alter the allocation of resources. Hence, tax expenditures, like direct spending, are one of the ways that the federal government plays a role in shaping the economy.
Tax expenditures, however, do not regularly receive the same level of scrutiny as direct spending programs....
Mandatory Minimum Sentencing Legislation in the 114th Congress
A surprising number of federal crimes carry mandatory minimum terms of imprisonment; that is, they are punishably by imprisonment for a term of not less than some number of years. During the 114th Congress, Members have introduced a number of related proposals. Some would expand the scope of existing mandatory minimum sentencing provisions; others would contract their reach.
The most sweeping proposal is that of Representative Scott (VA) (H.R. 706) and Senator Paul (S. 353), which impacts mandatory minimum sentencing across the board, allowing federal courts to disregard statutory...
European Fighters in Syria and Iraq: Assessments, Responses, and Issues for the United States
The rising number of U.S. and European citizens traveling to fight with rebel and terrorist groups in Syria and Iraq has emerged as a growing concern for U.S. and European leaders, including Members of Congress. Several deadly terrorist attacks in Europe over the past year—including the killing of 17 people in Paris in January 2015—have heightened the perception that these individuals could pose a serious security threat. Increasingly, terrorist suspects in Europe appear to have spent time with groups fighting in the Middle East, especially with the Islamic State organization (also known...
Carbon capture and sequestration (or storage)—known as CCS—is a physical process that involves capturing manmade carbon dioxide (CO2) at its source and storing it before its release to the atmosphere. The U.S. Department of Energy (DOE) has pursued research and development (R&D) of aspects of the three main steps leading to an integrated CCS system since 1997. Congress has appropriated nearly $7 billion in total since FY2008 for CCS research, development, and demonstration (RD&D) at DOE’s Office of Fossil Energy: nearly $3.5 billion in total annual appropriations (including FY2015) and...
FY2016 Military Construction Appropriations: President's Request and House Markup Compared
This report briefly discusses the financing of military construction. Military construction is normally funded through Title I of the Military Construction, Veterans Affairs, and Related Agencies appropriations bill and provides funding for the planning, design, construction, alteration, and improvement of facilities used by active and reserve military components worldwide.
Cash Versus Accrual Accounting: Tax Policy Considerations
Two methods of accounting are generally available to businesses: cash basis and accrual basis accounting. Under cash basis accounting, revenue and expenses are recognized and recorded when cash is actually paid or received. Under accrual basis accounting, revenue is recorded when it is earned and expenses are reported when they are incurred, regardless of when payment is actually made or received. On the one hand, the cash basis method is simpler and arguably less administratively burdensome on businesses. On the other hand, cash accounting may result in a less accurate measure of economic...
State Children’s Health Insurance Program: An Overview
The State Children’s Health Insurance Program (CHIP) is a means-tested program that provides health coverage to targeted low-income children and pregnant women in families that have annual income above Medicaid eligibility levels but have no health insurance. CHIP is jointly financed by the federal government and states, and the states are responsible for administering CHIP. In FY2013, CHIP enrollment totaled 8.4 million individuals and CHIP expenditures totaled $13.2 billion.
Under the CHIP program, the federal government sets basic requirements for CHIP, but states have the flexibility...
2014 Farm Bill Provisions and WTO Compliance
The enacted 2014 farm bill (Agricultural Act of 2014; P.L. 113-79) could result in potential compliance issues for U.S. farm policy with the rules and spending limits for domestic support programs that the United States agreed to as part of the World Trade Organization’s (WTO’s) Uruguay Round Agreement on Agriculture (AoA). In general, the act’s new farm safety net shifts support away from classification under the WTO’s green/amber boxes and toward the blue/amber boxes, indicating a potentially more market-distorting U.S. farm policy regime.
The 2014 farm bill eliminates many of the...
An Analysis of the Regulatory Burden on Small Banks
Since the financial crisis, policymakers have focused on addressing the failures that led to turmoil and ensuring that the financial system and the economy are better positioned to withstand future market disruptions. Some believe that the actions taken to realize these goals have been beneficial; others argue that the pendulum of regulation has swung too far and that the additional regulation has stymied economic growth and reduced consumers’ access to credit. Much of the debate has centered on how new regulation has affected small banks.
A central question about the regulation of small...
An Overview of Unconventional Oil and Natural Gas: Resources and Federal Actions
The United States has seen resurgence in petroleum production, mainly driven by technology improvements—especially hydraulic fracturing and directional drilling—developed for natural gas production from shale formations. Application of these technologies enabled natural gas to be economically produced from shale and other unconventional formations and contributed to the United States becoming the world’s largest natural gas producer in 2009. Use of these technologies has also contributed to the rise in U.S. oil production over the last few years. In 2009, annual oil production increased...
Israel After the 2015 Elections: What Does Netanyahu's Victory Mean for U.S. Policy?
This report discusses the U.S. policy towards Israel after prime minister Binyamin Netanyahu's victory in 2015 elections.
WTO Doha Round: Implications for U.S. Agriculture
The Doha Round of multilateral trade negotiations, launched in November 2001, has been at an impasse since 2009 and presently shows no signs of restarting, despite an interim agreement reached at the December 2013 Bali Ministerial.
The goal of the Doha Round’s agriculture negotiations is to make progress simultaneously across the three pillars of the World Trade Organization’s (WTO’s) 1994 Agricultural Agreement—domestic support, market access, and export competition—by building on the specific terms and conditions established during the previous Uruguay Round of negotiations. Negotiators...
Agriculture in the WTO: Rules and Limits on Domestic Support
Omnibus U.S. farm legislation—referred to as the farm bill—is renewed every five or six years. Farm income and commodity price support programs have been a part of U.S. farm bills since the 1930s. Each successive farm bill usually involves some modification or replacement of existing farm programs. A key question likely to be asked of every new farm proposal or program is how it will affect U.S. commitments under the World Trade Organization’s (WTO’s) Agreement on Agriculture (AoA) and its Agreement on Subsidies and Countervailing Measures (SCM).
The United States currently is committed,...
Older Americans Act: FY2015 Appropriations Overview
The Older Americans Act (OAA) is the major federal vehicle for the delivery of social and nutrition services for individuals aged 60 and older. These include supportive services, congregate nutrition services (i.e., meals served at group sites such as senior centers, schools, churches, or senior housing complexes), home-delivered nutrition services, family caregiver support, community service employment, the long-term care ombudsman program, and services to prevent the abuse, neglect, and exploitation of older persons. The OAA also supports grants to older Native Americans and research,...
Sick Leave for Federal Employees: In Brief
This brief provides an overview of sick leave for federal employees, including leave options for employees when sick leave has been exhausted. Full-time federal employees can earn up to 104 hours (13 days) of sick leave per year and are entitled to use such leave for four primary reasons: (1) personal medical needs, (2) care of a family member, (3) death of a family member, and (4) adoption of a child.
A federal employee might experience a situation in which he or she does not have enough accrued sick leave to cover a prolonged absence from work for personal or family medical reasons. In...
Deepwater Horizon Oil Spill: Recent Activities and Ongoing Developments
In the wake of the explosion of the Deepwater Horizon offshore drilling rig in the Gulf of Mexico on April 20, 2010, federal agencies, state and local government agencies, and responsible parties faced an unprecedented challenge. An oil discharge continued for 87 days, resulting in the largest ever oil spill in U.S. waters.
Led by the U.S. Coast Guard, response activities were extensive for several years but have diminished substantially:
At the height of operations (summer of 2010), response personnel numbered over 47,000.
As of April 2015, 30 response personnel, including federal...
HIPAA Privacy, Security, Enforcement, and Breach Notification Standards
The Privacy Rule, which was promulgated pursuant to the Health Insurance Portability and Accountability Act (HIPAA) of 1996, comprises a set of federal standards governing the use of personal health information. The Privacy Rule generally applies to individually identifiable health information created and maintained by payers and providers of health care, collectively referred to as covered entities. The rule establishes certain individual rights, including the right to inspect and obtain a copy of one’s health information; describes the circumstances under which covered entities are...
Attribution in Cyberspace: Challenges for U.S. Law Enforcement
This report discusses criminal attribution in the cyber security realm.
Domestic Human Trafficking Legislation in the 114th Congress
Legislation aimed at combating trafficking in persons (TIP) is a top item on the legislative agenda for the 114th Congress. TIP is of significant interest to the United States as a serious human rights concern, and it is believed to be one of the most prolific areas of contemporary criminal activity. TIP is both an international and domestic crime that involves violations of labor, public health, and human rights standards, as well as criminal law. The Trafficking Victims Protection Act (TVPA)—most recently reauthorized in March 2013 (Title XII of P.L. 113-4)—is the primary law that...
Issues in International Trade: A Legal Overview of Investor-State Dispute Settlement
Ongoing trade negotiations among the United States and several Pacific Rim countries regarding the proposed Trans Pacific Partnership (TPP) agreement and between the United States and the European Union with respect to the proposed Transatlantic Trade and Investment Partnership (T-TIP) agreement have rekindled debate over the value of including investor-state dispute settlement (ISDS) provisions in bilateral investment treaties (BIT) and trade agreements. Congress plays an important role in the approval and implementation of U.S. international investment agreements (IIA), and, therefore,...
FEMA’s Public Assistance Grant Program: Background and Considerations for Congress
The Public Assistance Grant Program (PA Program) is administered by the Federal Emergency Management Agency (FEMA) and combines the authorities of multiple sections of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended, the Stafford Act). The PA Program is only available for states and communities that have received a major or emergency disaster declaration through the Stafford Act (and in a more limited fashion, Fire Management Assistance Grants). The PA Program provides grant assistance for eligible purposes, including
Emergency work, as...
Housing Issues in the 113th Congress
The 113th Congress was active in considering a number of housing-related issues. In general, these issues can be divided into two broad categories: (1) issues related to homeownership and financing home purchases, and (2) issues related to housing assistance programs for low-income households. Housing assistance for low-income households tends to be primarily, but not exclusively, related to rental housing.
During the 113th Congress, housing and mortgage markets showed some signs of recovering after several years of distress. Nevertheless, several issues that Congress considered were...
2001 Authorization for Use of Military Force: Issues Concerning Its Continued Application
In response to the September 11, 2001, terrorist attacks against the United States, Congress enacted the Authorization for Use of Military Force (2001 AUMF; P.L. 107-40; 50 U.S.C. §1541 note) to authorize the use of military force against those who perpetrated or provided support for the attacks. Under the authority of the 2001 AUMF, U.S. Armed Forces have conducted military operations in Afghanistan since October 2001. As armed conflict against Al Qaeda and the Taliban progressed, and U.S. counterterrorism strategy evolved, U.S. use of military force has expanded outside Afghanistan to...
Congressional Redistricting and the Voting Rights Act: A Legal Overview
The Constitution requires a count of the U.S. population every 10 years. Based on the census, the number of seats in the House of Representatives is reapportioned among the states. Thus, at least every 10 years, in response to changes in the number of Representatives apportioned to it or to shifts in its population, each state is required to draw new boundaries for its congressional districts. Although each state has its own process for redistricting, congressional districts must conform to a number of constitutional and federal statutory standards, including the Voting Rights Act (VRA) of...
Islamic State Financing and U.S. Policy Approaches
Countering the financial resources of the Islamic State, which has seized significant territory in Iraq and Syria and threatened to conduct attacks against the United States and its citizens, has become a significant national security priority for policymakers, including Members of Congress. By undermining the financial strength of the group, also known as ISIL or ISIS, policymakers seek to reduce its capability to conduct terrorist attacks, as well as to ultimately “degrade and ultimately destroy” the group. This effort includes a comprehensive look at how the group generates...
Military Funeral Honors and Military Cemeteries: Frequently Asked Questions
This report is written in response to frequently asked questions (FAQs) about military funeral honors and military cemeteries. It provides information to questions in three general areas: implementation of the funeral honors and eligibility criteria; components of the honor detail and the funeral ceremony; and specific questions on burial and honors at Arlington National Cemetery. It also cites legislation requiring the Department of Defense (DOD) to make military funeral honors available to every eligible veteran upon request.
Food Safety Issues for the 114th Congress
Congress passed comprehensive food safety legislation in December 2010 (FDA Food Safety Modernization Act [FSMA], P.L. 111-353), representing the largest expansion and overhaul of U.S. food safety authorities since the 1930s. FSMA greatly expanded food safety oversight authority at the Food and Drug Administration (FDA), within the U.S. Department of Health and Human Services (HHS), but did not alter oversight authorities within other federal agencies responsible for food safety, such as the U.S. Department of Agriculture (USDA). Given challenges facing FDA in implementing this law and...
IMF Reforms: Issues for Congress
In December 2010, the Board of Governors of the International Monetary Fund (IMF, the Fund), the institution’s highest governing body, agreed to a reform package that addresses two major concerns about the institution: (1) that the size of the IMF’s resources has not kept pace with increased economic activity in the global economy; and (2) that the representation of emerging and developing economies at the IMF does not reflect their growing importance in the global economy. Key parts of the reform package cannot go into effect until a number of IMF countries formally approve the reforms....
Marijuana: Medical and Retail—Selected Legal Issues
The federal Controlled Substances Act (CSA) outlaws the possession, cultivation, and distribution of marijuana except for authorized research. More than 20 states have regulatory schemes that allow possession, cultivation, and distribution of marijuana for medicinal purposes. Four have revenue regimes that allow possession, cultivation, and sale generally. The U.S. Constitution’s Supremacy Clause preempts any state law that conflicts with federal law. Although there is some division, the majority of state courts have concluded that the federal-state marijuana law conflict does not require...
Medicaid Reimbursement Rate Litigation: An Overview of Armstrong v. Exceptional Child Center, Inc.
On March 31, 2015, the Supreme Court decided in Armstrong v. Exception Child Center, Incorporated, that private parties cannot seek an injunction from a federal court to prevent state Medicaid officials from implementing a state plan that may violate Medicaid’s equal access requirement under federal law.
Medicaid is a cooperative federal-state program through which the federal government provides financial assistance to states for medical care and other services for poor, elderly, and disabled individuals. States have considerable discretion in administering their Medicaid program, which...
Premium Tax Credits and Federal Health Insurance Exchanges: Questions and Answers
Legal challenges that may have a substantial impact on the implementation and operation of the Patient Protection and Affordable Care Act (ACA) concern whether premium tax credits are available for millions of individuals participating in federally administered health insurance exchanges. These credits, which became available in 2014, are intended to help individuals pay the premiums for private health plans offered through the insurance exchanges established under the act. In addressing who may receive this credit, ACA refers to individuals who are “enrolled in [a plan] through an...
Marijuana: Medical and Retail—An Abbreviated View of Selected Legal Issues
The federal Controlled Substances Act (CSA) outlaws the possession, cultivation, and distribution of marijuana except for authorized research. More than 20 states have regulatory schemes that allow possession, cultivation, and distribution of marijuana for medicinal purposes. Four have revenue regimes that allow possession, cultivation, and sale generally. The U.S. Constitution’s Supremacy Clause preempts any state law that conflicts with federal law. Although there is some division, the majority of state courts have concluded that the federal-state marijuana law conflict does not require...
Science and Technology Issues in the 114th Congress
Science and technology (S&T) have a pervasive influence over a wide range of issues confronting the nation. Public and private research and development spur scientific and technological advancement. Such advances can drive economic growth, help address national priorities, and improve health and quality of life. The constantly changing nature and ubiquity of science and technology frequently create public policy issues of congressional interest.
The federal government supports scientific and technological advancement directly by funding research and development and indirectly by creating...
Ethics and conflict of interest concerns have been raised concerning the impartiality or bias of government regulators or administrators who, shortly before entering government service, represented, owned, were employed by, or were given large cash payments or “rewards” by private firms or other entities that such officials must now regulate and oversee. Federal conflict of interest law and regulation, for the most part, deal with the potential influence of existing financial assets, properties, and relationships of a federal official. There are, however, some limited conflict of interest...
Same-Sex Marriage: A Legal Overview
Same-sex marriage has engendered heated debate throughout the country. There is no federal same-sex marriage prohibition after the Supreme Court’s decision in United States v. Windsor, which struck down the portion of the Defense of Marriage Act that defined marriage as a union between a man and a woman. However, many states have passed statutes or constitutional amendments that prohibit same-sex couples from marrying, and that deny recognition of same-sex marriages that were legally formed in other states. These state same-sex marriage bans may impact gay individuals’ rights and claims to...
Brokers and dealers and investment advisers have been held to different standards of conduct in their dealings with investors. In very general terms, a broker-dealer is held to a suitability standard, and an investment adviser is held to a fiduciary duty standard. With passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203), which tasks the Securities and Exchange Commission (SEC) with issuing rules concerning the standards of conduct for brokers, dealers, and investment advisers, the current standards may be changed.
The Financial Industry Regulatory...
Joint Employers and the National Labor Relations Act
This report examines the standard used currently by the National Labor Relations Board (“Board”) to determine whether two businesses may be considered joint employers for purposes of the rights and protections afforded by the National Labor Relations Act (“NLRA”). In a June 2014 amicus brief filed with the Board, the Board’s General Counsel encouraged the adoption of a new joint employer standard that would consider the totality of the circumstances, including how the alleged joint employers have structured their commercial relationship. Following the filing of the amicus brief, the...
Ballistic Missile Defense in the Asia-Pacific Region: Cooperation and Opposition
The growing number and modernization of ballistic missiles in the Asia-Pacific region poses a security challenge for the United States and its allies and is thus a concern for many in Congress. The United States has made ballistic missile defense (BMD) a central component of protection for forward-deployed U.S. forces and extended deterrence for allied security. The configuration of sensors, command-and-control centers, and BMD assets in the region has slowly evolved with contributions from treaty allies, primarily Japan, Australia, and South Korea.
Observers believe that North Korea has...
The report describes the expired eligibility criteria, as well as the types of health insurance to which the tax credit may have been applied. It discusses past federal and state roles in administering the HCTC program, and it summarizes analyses on the credit's effectiveness in reaching targeted populations and related equity and efficiency issues. In addition, the report includes a short discussion of relevant current law and summarizes statutory history of the HCTC program.
Rail Safety Efforts Miss Leading Cause of Fatalities
This report briefly discusses the debate over the reauthorization of the Rail Safety Improvement Act of 2008 (RSIA08; P.L. 110-432). Congress is focusing on steps to prevent train derailments and collisions. Such incidents often receive extensive publicity and cause harm to bystanders, such as the residents of Mount Carbon, West Virginia, who were forced to evacuate after a train carrying crude oil derailed and burned on February 16, 2015.
Status of a Senator Who Has Been Indicted for or Convicted of a Felony
There are no federal statutes or Rules of the Senate that directly affect the status of a Senator who has been indicted for a crime that constitutes a felony. No rights or privileges are forfeited under the Constitution, statutory law, nor the Rules of the Senate upon an indictment. Under the Rules of the Senate, therefore, an indicted Senator may continue to participate in congressional proceedings and considerations. Under the United States Constitution, a person under indictment is not disqualified from being a Member of or a candidate for reelection to Congress. Internal party rules in...
SAMHSA FY2016 Budget Request and Funding History: A Fact Sheet
The Substance Abuse and Mental Health Services Administration (SAMHSA), at the U.S. Department of Health and Human Services (HHS), is the lead federal agency for increasing access to behavioral health services. SAMHSA supports community-based mental health and substance abuse treatment and prevention services through formula grants to the states and U.S. territories and through competitive grant programs to states, territories, tribal organizations, local communities, and private entities. SAMHSA also engages in a range of other activities, such as technical assistance, data collection,...
Keystone XL Pipeline: Overview and Recent Developments
TransCanada’s proposed Keystone XL Pipeline would transport oil sands crude from Canada and shale oil produced in North Dakota and Montana to a market hub in Nebraska for further delivery to Gulf Coast refineries. The pipeline would consist of 875 miles of 36-inch pipe with the capacity to transport 830,000 barrels per day. Because it would cross the Canadian-U.S. border, Keystone XL requires a Presidential Permit from the State Department based on a determination that the pipeline would “serve the national interest.” To make its national interest determination (NID), the department...
Labor, Health and Human Services, and Education: FY2015 Appropriations
This report provides an overview of actions taken by Congress and the President to provide FY2015 appropriations for accounts funded by the Departments of Labor, Health and Human Services, and Education, and Related Agencies (L-HHS-ED) appropriations bill. This bill provides funding for all accounts subject to the annual appropriations process at the Departments of Labor (DOL) and Education (ED). It provides annual appropriations for most agencies within the Department of Health and Human Services (HHS), with certain exceptions (e.g., the Food and Drug Administration is funded via the...
Domestic Drones and Privacy: A Primer
It has been three years since Congress enacted the FAA Modernization and Reform Act of 2012 (FMRA), calling for the integration of unmanned aircraft systems (UAS), or “drones,” into the national airspace by September 2015. During that time, the substantive legal privacy framework relating to UAS on the federal level has remained relatively static: Congress has enacted no law explicitly regulating the potential privacy impacts of drone flights, the courts have had no occasion to rule on the constitutionality of drone surveillance, and the Federal Aviation Administration (FAA) did not...
Cyberwarfare and Cyberterrorism: In Brief
Recent incidents have highlighted the lack of consensus internationally on what defines a cyberattack, an act of war in cyberspace, or cyberterrorism. Cyberwar is typically conceptualized as state-on-state action equivalent to an armed attack or use of force in cyberspace that may trigger a military response with a proportional kinetic use of force. Cyberterrorism can be considered “the premeditated use of disruptive activities, or the threat thereof, against computers and/or networks, with the intention to cause harm or further social, ideological, religious, political or similar...
Reaching the Debt Limit: Background and Potential Effects on Government Operations
The gross federal debt, which represents the federal government’s total outstanding debt, consists of (1) debt held by the public and (2) debt held in government accounts, also known as intragovernmental debt. Federal government borrowing increases for two primary reasons: (1) budget deficits and (2) investments of any federal government account surpluses in Treasury securities, as required by law. Nearly all of this debt is subject to the statutory limit.
Treasury has yet to face a situation in which it was unable to pay its obligations as a result of reaching the debt limit. In the...
Status of the Federal Perkins Loan Program: Frequently Asked Questions
The Federal Perkins Loan program authorizes the allocation of federal funds to institutions of higher education to assist them in capitalizing revolving loan funds for the purpose of making low-interest loans to students with exceptional financial need. Institutions participating in the program are required to provide matching funds equal to one-third of the federal funds they receive. Authorization of appropriations for the Perkins Loan program is due to expire at the end of FY2015, and the future operation of the program is uncertain. This report answers several frequently asked...
Health Care-Related Expiring Provisions, First Session of the 114th Congress
This report provides a list of selected health-related programs and activities under specified titles of the Social Security Act (SSA), including the Maternal and Child Health Services Block Grant (Title V), General Provisions, Peer Review, and Administrative Simplification (Title XI), Medicare (Title XVIII), Medicaid (Title XIX), and the State Children’s Health Insurance Program (CHIP; Title XXI); the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended); as well as selected provisions from the Public Health Service Act (PHSA) that are scheduled to terminate during...
The Budget Control Act of 2011: Legislative Changes to the Law and Their Budgetary Effects
Congressional Research Service 7-5700 www.crs.gov R43411 Summary Following a lengthy debate over raising the debt limit, the Budget Control Act of 2011 (BCA; P.L. 112-25) was signed into law by President Obama on August 2, 2011. In addition to including a mechanism to increase the debt limit, the BCA contained provisions intended to reduce the budget deficit through spending limits and reductions. The savings in the BCA are achieved mainly through two mechanisms: (1) statutory discretionary spending caps covering 10 years that came into effect in 2012 and (2) a requirement for an...
The federal government plays a role in the management of sex offenders. In a law enforcement capacity, it enforces federal laws involving sexual abuse, online predatory offenses, or other related federal crimes. In addition, Congress has enacted legislation that encourages the development of state sex offender registries, urges states to punish recalcitrant sex offenders, and induces state and local law enforcement to make certain information on sex offenders public, and has taken other steps involving the registration of sex offenders and notification of the community. Federal legislation...
Seventh Summit of the Americas: In Brief
On April 10-11, 2015, President Obama is scheduled to attend the seventh Summit of the Americas in Panama City, Panama. The Summits of the Americas, which have been held roughly every three years since 1994, serve as opportunities for the Western Hemisphere’s leaders to engage directly with one another and discuss issues of collective concern. With Cuba expected to attend for the first time in 2015, the Summit of the Americas will be the only forum in the hemisphere that includes all 35 independent nations. The theme of the 2015 summit is “Prosperity with Equity: The Challenge of...
Congress currently appropriates foreign affairs funding through annual Department of State, Foreign Operations, and Related Programs appropriations. Prior to FY2008, however, Congress provided funds for the Department of State and international broadcasting within the Commerce, Justice, and State, the Judiciary, and Related Agencies appropriations (CJS) and separately provided foreign aid funds within Foreign Operations, Export Financing, and Related Programs appropriations. The transition between the different alignments occurred in the 109th Congress with a change in appropriations...
Terrorist Attack in Tunis: Implications
This report briefly discusses the implications of the March 18 terrorist attack in Tunis which killed at least 20 foreign tourists visiting the national Bardo Museum, along with a Tunisian police officer.
Social Security and Same-Sex Marriage: Frequently Asked Questions
In United States v. Windsor, the U.S. Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional, finding, in part, that it violated the Constitution’s equal protection and substantive due process guarantees. Section 3 had required that marriage be defined as the union of one man and one woman for the purpose of federal enactments. According to the court, federal statutes that refer to a marriage for federal purposes should be interpreted as applying equally to married same-sex couples. The Court did not address Section 2 of DOMA, which allows individual...
The Trans-Pacific Partnership (TPP) Negotiations and Issues for Congress
The Trans-Pacific Partnership (TPP) is a proposed regional free trade agreement (FTA) being negotiated among the United States, Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. U.S. negotiators and others describe and envision the TPP as a “comprehensive and high-standard” FTA that aims to liberalize trade in nearly all goods and services and include rules-based commitments beyond those currently established in the World Trade Organization (WTO). The broad outline of an agreement was announced on the sidelines of the Asia-Pacific...
Proposals to Reduce Premium Subsidies for Federal Crop Insurance
Congressional Research Service 7-5700 www.crs.gov R43951 Summary Many farm policymakers generally consider the federal crop insurance program as the principal tool to help farmers cope with the variable impact of weather on crop yields. The program makes available subsidized policies that farmers may purchase each year to protect against yield and/or revenue declines during a particular growing season. Policies are available for about 130 commodities, covering crops supported by traditional farm programs (e.g., corn, wheat, and soybeans) as well as many fruits, vegetables, tree nuts,...
China's Mineral Industry and U.S. Access to Strategic and Critical Minerals: Issues for Congress
China is the world’s leading producer and consumer of many minerals and metals that are in high demand in the United States and on which the United States is highly import dependent. In the near future, China anticipates rapid urbanization, a rising middle class, and increased product manufacturing of high-value, high-quality goods and increased consumption. As China pursues this development path, will adequate supplies of critical and strategic raw materials and metals be available to the U.S. economy from reliable suppliers? Is there a possibility of material shortfalls? If China uses...
Designating Systemically Important Financial Institutions (SIFIs)
This report briefly discusses congressional concerns regarding the Financial Stability Oversight Council's (FSOC) authorization to designate certain non-bank entities as Systemically Important Financial Institutions (SIFI).
This is the first Quadrennial Energy Review (QER) report with focus on U.S. energy infrastructure, specifically transmission, storage, and distribution (TS&D), looking out to 2030.
International Drug Control Policy: Background and U.S. Responses
The global illegal drug trade represents a multi-dimensional challenge that has implications for U.S. national interests as well as the international community. Common illegal drugs trafficked internationally include cocaine, heroin, and methamphetamine. According to the U.S. intelligence community, international drug trafficking can undermine political and regional stability and bolster the role and capabilities of transnational criminal organizations in the drug trade. Key regions of concern include Latin America and Afghanistan, which are focal points in U.S. efforts to combat the...
The Tip Credit Provisions of the Fair Labor Standards Act (FLSA): In Brief
The Fair Labor Standards Act (FLSA), enacted in 1938 (P.L. 75-718), is the federal legislation that establishes the general minimum wage that must be paid to all covered workers. In 1966, Congress amended the FLSA to add a “tip credit” provision to the minimum wage provisions. These amendments, which apply to “tipped workers,” do not change the guaranteed minimum wage of $7.25 per hour but they allow a combination of earnings from employer cash wages and employee tips to equal the federal minimum wage (currently $7.25 per hour). That is, the “credit” is the amount from employee tips that...
Energy Tax Incentives: Measuring Value Across Different Types of Energy Resources
The U.S. tax code supports the energy sector by providing a number of targeted tax incentives, or tax incentives only available for the energy industry. As Congress evaluates the tax code and contemplates tax reform, there has been interest in understanding how energy tax benefits are distributed across different domestic energy resources. For example, what percentage of energy-related tax benefits support fossil fuels (or support renewables)? How much domestic energy is produced using fossil fuels (or produced using renewables)? And how do these figures compare?
In 2013, the value of...
Health Insurance Premium Credits in the Patient Protection and Affordable Care Act (ACA) in 2015
New federal tax credits, authorized under the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended), first became available in 2014 to help certain individuals pay for health insurance. The tax credits apply toward premiums for private health plans offered through exchanges (also referred to as health insurance marketplaces). The ACA also established subsidies to reduce cost-sharing expenses.
Health insurance exchanges operate in every state and the District of Columbia (DC), per the ACA statute. Exchanges may be established and administered by states, the federal...
FY2015 Funding to Counter Ebola and the Islamic State (IS)
In 2014, two major global threats—the Ebola outbreak in West Africa and the Islamic State (IS) in the Middle East—caused serious concern within the Obama Administration and among Members of Congress. In November 2014, the President requested a total of $11.7 billion for responding to the Ebola crisis and combatting the Islamic State.
On November 5, 2014, the President requested $6.18 billion in FY2015 emergency appropriations for Health and Human Services (HHS), the Department of State and international assistance programs, and DOD to address the Ebola crisis domestically and overseas. The...
Federal spending is divided into three broad categories: discretionary spending, mandatory spending, and net interest. Mandatory spending is composed of budget outlays controlled by laws other than appropriation acts, including federal spending on entitlement programs. Entitlement programs such as Social Security and Medicare make up the bulk of mandatory spending. Other mandatory spending programs include Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), unemployment insurance, some veterans’ benefits, federal employee retirement and disability, and...
This report provides brief answers to frequently asked questions about increased campaign contribution limits in the Consolidated and Further Continuing Appropriations Act, 2015 (H.R. 83; P.L. 113-235), enacted and signed into law in December 2014. The relevant language increases certain contribution limits to national political party committees. This language changes the amounts the two major parties may solicit and collect.
Most notably, three units within each of the national Democratic and Republican parties could be affected. These include a headquarters committee (e.g., the...
EPA’s Proposed Clean Power Plan: Conversion to Mass-Based Emission Targets
The Environmental Protection Agency (EPA) proposed a rule in June 2014 that would require states to address carbon dioxide (CO2) emissions from existing fossil fuel-fired electric generating units. The proposal would create CO2 emission rate goals—measured in pounds of CO2 emissions per megawatt-hour (MWh) of electricity generation—for each state to achieve by 2030 and an interim goal in 2029, based on the average of a state’s emission rates between 2020 and 2029.
EPA’s proposal would allow a state to establish its emission reduction requirements by converting the interim (2029) and final...
Cybersecurity and Information Sharing: Legal Challenges and Solutions
Over the course of the last year, a host of cyberattacks has been perpetrated on a number of high profile American companies. The high profile cyberattacks of 2014 and early 2015 appear to be indicative of a broader trend: the frequency and ferocity of cyberattacks are increasing, posing grave threats to the national interests of the United States. While considerable debate exists with regard to the best strategies for protecting America’s various cyber-systems and promoting cybersecurity, one point of general agreement amongst cyber-analysts is the perceived need for enhanced and timely...
As part of its civil works mission, the U.S. Army Corps of Engineers manages water resource projects. Areas behind and below Corps dams and around Corps locks, levees, and waterways are popular recreation sites, attracting 370 million visits annually. Corps projects are some of the most densely used federal recreation sites. Title 36, Section 327, of the Code of Federal Regulations sets out the regulations for public use of Corps projects. Section 327.13 generally prohibits possession of loaded firearms by private (i.e., non-law enforcement) individuals at Corps-administered projects...
Homeland Security Appropriations: FY2015 Action in the 114th Congress
This report provides a brief outline of the FY2015 annual appropriations measure for the Department of Homeland Security (DHS) and its enactment by the 114th Congress. It serves as a complement to CRS Report R43796, Department of Homeland Security: FY2015 Appropriations.
The Administration requested $38.3 billion in adjusted net discretionary budget authority for DHS for FY2015. In the 113th Congress, the House Appropriations Committee reported an annual appropriations measure (H.R. 4903) that would have provided $39.2 billion in adjusted net discretionary budget authority, and the Senate...
Freight Infrastructure Issues in Surface Transportation Reauthorization
Goods movement has increased substantially over the past few decades as the economy and global trade have expanded. Freight transportation demand in tandem with passenger-side demand has caused congestion in many parts of the transportation system, resulting in slower and less reliable freight movement. Also, the condition and performance of freight infrastructure play considerable roles in the efficiency of the freight system and, therefore, are likely to be of significant congressional concern in the reauthorization of the surface transportation program that is currently authorized...
The Sustainable Growth Rate (SGR) and Medicare Physician Payments: Frequently Asked Questions
This report responds to frequently asked questions about the Sustainable Growth Rate (SGR) system for updating Medicare physician fee schedule payments (MPFS) and the recent legislative efforts to repeal and replace the SGR. Frequently asked questions address the background of the SGR, the need for congressional overrides (also referred to as “doc fixes”), and current legislative activity.
For additional information, see CRS Report R40907, Medicare Physician Payment Updates and the Sustainable Growth Rate (SGR) System, by Jim Hahn.
Offices and Officials in the Senate: Roles and Duties
Article I, Section 3, clause 5 of the United States Constitution authorizes the Senate to choose its own officers, but does not specify their titles, roles, or duties.
This report provides a brief overview of the Senate’s elected and appointed administrative officers and officials, including their authorities, history, and main responsibilities. These officers and officials include the Secretary of the Senate, Sergeant at Arms, Chaplain, Secretary for the Majority, Secretary for the Minority, Legal Counsel, Legislative Counsel, and Parliamentarian.
Balancing Tourism against Terrorism: The Visa Waiver Program
This report briefly discusses Congress's concern that some foreign fighters might exploit the Visa Waiver Program (VWP) to enter the United States and commit acts of terrorism. The VWP allows eligible visitors from 38 European nations and a few prosperous Asia-Pacific countries to enter the United States for short business or leisure stays without first obtaining a visa from a U.S. consulate abroad.
U.S.-EU Cooperation on Ukraine and Russia
This report briefly discusses U.S.-EU responses to the Ukrainian conflict, specifically focusing on the possible expansion of sanctions against Russia.
Medal of Honor Recipients in the 113th Congress: A Fact Sheet
This fact sheet lists names of recipients of the Congressional Medal of Honor, the highest award for valor, awarded during the 113th Congress. Previous congressional use of the information contained in this fact sheet has included examinations of legislative measures that have waived or accelerated timeline reviews for potential Medal of Honor recipients. The material has been used in speeches, including Memorial and Veterans Day holiday observations.
Terms for metadata: Congressional Medal of Honor, Date of Issue, MOH Home of Record, Medal of Honor, General Orders Congressional Medal of...
Dominican Republic: Background and U.S. Relations
The Dominican Republic, a country of roughly 10.3 million people that shares the Caribbean island of Hispaniola with Haiti, is a close U.S. trade partner and political ally in Latin America. The United States is the Dominican Republic’s main trading partner, with two-way trade totaling more than $12.5 billion in 2014. In addition to trade, U.S. interest in the Dominican Republic has recently focused on anti-drug cooperation and governance/human rights issues, particularly as they relate to Haiti. U.S.-Dominican cooperation on bilateral and regional issues intensified during Leonel...
The European Capital Markets Union
This report briefly discusses the implications of the European Commission's recently drafted proposal for a Capital Markets Union (CMU) to complement its current efforts to create a Banking Union. The CMU is intended to strengthen capital markets in the 28-member European Union (EU) in order to provide a viable alternative to the current bank-centered funding model commonly used by European firms.
Community Development Block Grants: Funding Issues in the 113th Congress
On March 4, 2014, the Obama Administration released its FY2015 budget request, which included $2.870 billion for activities under the Community Development Fund (CDF) administered by the Department of Housing and Urban Development (HUD), including $2.8 billion for formula grants. On June 5, 2014, the Senate Appropriations Committee reported S. 2438, its version of the Departments of Transportation, and Housing and Urban Development, and Independent Agencies Appropriations Bill for FY2015 (THUD), which recommended $3.090 billion for activities funded under the Community Development Fund...
Recess Appointments: Frequently Asked Questions
Under the Constitution (Article II, §2, clause 2), the President and the Senate share the power to make appointments to high-level policy-making positions in federal departments, agencies, boards, and commissions. Generally, the President nominates individuals to these positions, and the Senate must confirm them before he can appoint them to office. The Constitution also provides an exception to this process. When the Senate is in recess, the President may make a temporary appointment, called a recess appointment, to any such position without Senate approval (Article II, §2, clause 3)....
Conducting Foreign Relations Without Authority: The Logan Act
The Logan Act, codified at 18 U.S.C. § 953, states:
Any citizen of the United States, wherever he may be, who, without authority of the United States, direc