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Joint Congressional Committee on Inaugural Ceremonies: History, Membership, and Inaugural Activities
Tax-Exempt Organizations Under Internal Revenue Code Section 501(c): Political Activity Restrictions
ACA Connects v. Bonta: Ninth Circuit Upholds California’s Net Neutrality Law in Preemption Challenge
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
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
The Community Development Block Grant’s Disaster Recovery (CDBG-DR) Component: Background and Issues
Resolving Subpoena Disputes Between the Branches: Potential Impacts of Restricting the Judicial Role
Congressional Subpoenas of Presidential Advisers: The Impact of Committee on the Judiciary v. McGahn
Is a TSA Screener a “Law Enforcement Officer”? Court Allows Lawsuit Against United States to Proceed
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.
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...
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....
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...
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...
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...
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...
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...
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...
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...
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...
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...
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.
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...
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...
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...
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...
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 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...
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...
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...
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....
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:...
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...
Following the Money: Should Federal Law Require Litigants to Disclose Litigation Funding Agreements?
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...
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...
UPDATED: The Latest on the SEC’s Consideration of the Proposed Acquisition of Chicago Stock Exchange
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...
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...
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...
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....
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...
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...
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...
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...
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...
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....
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...
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...
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...
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...
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...
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%...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
Election and Voting Law: Resources for Congressional Staff
This report is intended to serve as a starting point for congressional staff covering voting and elections. It focuses on resources related to laws governing federal elections and voting. It outlines and describes some of the key sources of laws, pending legislation, regulations, cases, CRS Products, and federal agencies working in this subject area. It also contains sections dedicated to the voting process, voting rights, campaign finance, and presidential elections.
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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 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...
What Does the Supreme Court's 4-4 Split in Texas Mean for Future Executive Action as to Immigration?
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...
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...
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,...
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...
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...
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...
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...
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)...
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...
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...
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,...
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...
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...
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...
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...
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...
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,...
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...
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,...
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...
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,...
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...
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...
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 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...
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...
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...
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...
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...
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...
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...
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...
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 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...
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....
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...
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...
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”...
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...
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...
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...
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.
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...
What are the Department of Defense (DOD) Policies on Transgender Service?
This report briefly discusses Department of Defense Policies regarding transgender service.
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.
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...
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...
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...
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...
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...
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...
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...
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.
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.
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...
Motions to Proceed to Consider Measures in the Senate: Who Offers Them?
In recent practice, the Senate generally cedes to its majority leader the prerogative of calling up items of business for floor consideration. Most measures are brought to the floor by unanimous consent, but when this consent cannot be obtained, a motion to proceed to consider can be used to accomplish the same purpose. Sometimes a Senator other than the majority leader offers this motion, but usually this occurs in coordination with the majority leader.
This report examines motions to proceed to consider items of legislative business (“measures”); it does not cover nominations or...
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
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...
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...
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....
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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.
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...
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...
Child Welfare: Title IV-E Proposals in the President’s FY2016 Budget
Under Title IV-E of the Social Security Act, states are entitled to open-ended reimbursement for the cost of providing foster care, adoption assistance, and (in states that choose to provide it) kinship guardianship assistance. Additional mandatory funding is available, on a capped basis, for services to youth who “age out” of foster care, or are expected to, and for Tribal Title IV-E plan development and technical assistance. Each year the President’s budget estimates the amount of funding necessary to meet federal commitments under Title IV-E based on current law and, if included in the...
Veterans’ Benefits: The Impact of Military Discharges on Basic Eligibility
The Department of Veterans Affairs (VA) offers a broad range of benefits to veterans of the U.S. Armed Forces and to certain members of their families; however, a claimant must meet the basic eligibility criteria. A benefit claimant must prove that he or she meets the statutory definition of a “veteran,” which includes (1) service in the active military (i.e., Army, Navy, Air Force, Marine Corps, Coast Guard) or commissioned officers of the Public Health Service (PHS), and National Oceanic and Atmospheric Administration (NOAA); (2) minimum length of service requirements; and (3) discharge...
Many Aspects of the Affordable Care Act Would Not Be Affected by King v. Burwell
This report briefly discusses the possible effects of the King v. Burwell case on the Affordable Care Act (ACA) law. The case examines whether or not the ACA allows the IRS to make premium tax credits available to residents of states that decline to establish health insurance exchanges.
Genetic Testing: Background and Policy Issues
Congress has considered, at various points in time, numerous pieces of legislation that relate to genetic and genomic technology and testing. These include bills addressing genetic discrimination in health insurance and employment; precision medicine; the patenting of genetic material; and the oversight of clinical laboratory tests (in vitro diagnostics), including genetic tests. The focus on these issues signals the growing importance of public policy issues surrounding the clinical and public health implications of new genetic technology. As genetic technologies proliferate and are...
Foreign Heads of State Addressing Congress
This report discusses the historical precedent for an addresses Israeli Prime Minister Benjamin Netanyahu made before a joint meeting of Congress on March 3, 2015.
Medicare Advantage—Proposed Benchmark Update and Other Adjustments for CY2016: In Brief
SUMMARY TO BE SUPPRESSED]
Medicare Advantage MA Part C Advance notice of methodological changes for CY 2016 Capitation Rates, AHIP Benchmark Bid National Per Capita MA Growth Percentage US Per Capita Cost Growth Percentage USPCC, NPCMAGP payments quality bonus payment demonstration applicable amount specified amount Affordable Care Act phase-in to new benchmark coding pattern differences normalization ACA
Number of African American Judges Reaches All-Time High; Do Issues Remain?
This report 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.
Enforcement of Congressional Rules of Conduct: A Historical Overview
The Constitution vests Congress with broad authority to discipline its Members. Only since 1967, however, have both houses established formal rules of conduct and disciplinary procedures whereby allegations of illegal or unethical conduct may be investigated and punished.
In 1964, the Senate established its first permanent ethics committee, the Select Committee on Standards and Conduct, which was renamed the Select Committee on Ethics in 1977. In 1967, the House first established a permanent ethics committee, the Committee on Standards of Official Conduct, which was renamed the Committee...
Veterans’ Benefits: Dependency and Indemnity Compensation (DIC) for Survivors
The Department of Veterans Affairs (VA) administers directly, or in conjunction with other federal agencies, programs that provide benefits and other services to veterans and their spouses, dependents, and beneficiaries.
One of the benefits that VA administers is Dependency and Indemnity Compensation (DIC) for survivors of certain servicemembers and veterans. DIC is a monthly tax-free cash payment to survivors and dependents of servicemembers killed while on active military duty and those of certain veterans. Survivors of veterans who die from service-related conditions are eligible for...
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...
House Committee Reports: Required Contents
House rules and statutes detail several substantive requirements for items to be included in reports accompanying bills reported from committees, as noted in the following table. For example, most committee reports explain a bill’s purpose and the need for the legislation, its cost, the committee votes on amendments and the measure itself, the position of the executive branch, and the specific changes the bill would make in existing law. Not all requirements are applicable to all committees or in all circumstances. There is also no prescribed order for inclusion of these items in the...
The Measles: Background and Federal Role in Vaccine Policy
The earliest accounts of measles date back over 1,000 years. This report presents basic information about this infectious disease, its history in the United States, available treatments to prevent individuals from contracting measles, and the federal role in combatting measles—from funding, to research, to the authority of the federal government in requiring mandatory childhood vaccinations. The report provides additional resources for information on measles and recommendations for vaccination against the disease.
According to the U.S. Centers for Disease Control and Prevention (CDC),...
The Presidential Libraries Act and the Establishment of Presidential Libraries
The Presidential Libraries Act (P.L. 84-373; 69 Stat. 695), as originally enacted in 1955, sought to create a system of government “preservation and administration ... of papers and other historical materials of any President or former President of the United States.” Pursuant to the law, the General Services Administration’s (GSA’s) Administrator could, among other actions,
accept ... the papers and other historical materials of any President or former President of the United States, or of any other official or former official of the Government, and other papers relating to and...
A Guide to Describing the Income Distribution
The distribution of income in the United States features heavily in congressional discussions about the middle class, program funding and effectiveness, new and existing target groups, government tax revenue, and social mobility, among other topics. Recently, the level and distribution of U.S. income have also been raised in the context of broader macroeconomic issues, such as economic growth. Accordingly, Congress has sought information on the absolute and relative experience of U.S. households, the range of incomes, and their dispersion.
Describing the income distribution involves...
FHA Single-Family Mortgage Insurance: Recent Policy Changes and Proposed Legislation
The Federal Housing Administration (FHA), an agency of the Department of Housing and Urban Development (HUD), insures private mortgage lenders against losses on eligible mortgages. If a borrower defaults on an FHA-insured mortgage, FHA will repay the lender the remaining amount owed. FHA insurance is intended to encourage lenders to offer mortgages to households who might otherwise have difficulty obtaining a loan at an affordable interest rate, such as households with small down payments. Borrowers pay fees, called premiums, in exchange for the insurance, and these fees are supposed to...
H.R. 399, the Secure Our Borders First Act of 2015: Report in Brief
This report provides a summary of select provisions in the Secure Our Borders First Act of 2015 (H.R. 399). An amendment in the nature of a substitute to the bill was favorably marked up and reported out of the House Homeland Security Committee on January 21, 2015.
This report provides a summary of select provisions in the bill that fall under two major headings—Operational Control of the Borders and Biometric Entry and Exit System—and concludes with a brief description of additional provisions collected under a third heading—CBP Agents and Officers, and Federal Land. Figures provide...
Social Security’s Effect on Child Poverty
Social Security plays an important role in reducing poverty, not only among the aged but among children as well. Children may be eligible for Social Security benefits when a parent who is a covered worker dies, becomes disabled, or retires. In addition to receiving Social Security in their own right, children may economically benefit from Social Security by living with other family members receiving benefits.
Based on a Congressional Research Service (CRS) analysis of U.S. Census Bureau Survey of Income and Program Participation (SIPP) data, in April 2013, an estimated 8.5 million children...
Aereo and FilmOn X: Internet Television Streaming and Copyright Law
Aereo and FilmOn X were created to stream television programming over the Internet for a monthly subscription fee. Aereo and FilmOn’s technology permitted subscribers to watch both live broadcast television in addition to already-aired programming. Their use of this development in technology triggered multiple lawsuits from broadcasting companies alleging copyright violations. These cases revealed not only multiple interpretations of copyright law and its application to new and developing technologies, but also a possible “loophole” in the law, which some accused Aereo and FilmOn of...
The Impact of Sequestration on Unemployment Insurance Benefits: Frequently Asked Questions
“Sequestration” refers to a process of automatic, largely across-the-board spending reductions under which budgetary resources are permanently canceled to enforce certain budget policy goals. Most recently, sequestration was triggered by the Budget Control Act of 2011 (BCA; P.L. 112-25) and first implemented on March 1, 2013 (delayed by P.L. 112-240).
Some, but not all, types of unemployment insurance (UI) benefits are subject to reductions under the BCA sequester. Regular Unemployment Compensation (UC), Unemployment Compensation for Ex-Servicemembers (UCX), and Unemployment Compensation...
The Affordable Care Act and Small Business: Economic Issues
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148 and P.L. 111-152) contains several provisions to encourage employer-sponsored health coverage, particularly among small businesses. The provisions that most directly relate to small businesses are (1) an employer penalty for not providing health insurance, (2) a tax credit to increase the affordability of health care for the smallest firms, and (3) small business health insurance exchanges designed to increase plan options and lower plan costs.
Several events have altered the ACA’s implementation since its enactment in 2010....
Out-of-Pocket Costs for Medicaid Beneficiaries: In Brief
The federal Medicaid statute and accompanying regulations include provisions that states can apply to certain program beneficiaries with respect to out-of-pocket cost-sharing, including premiums that may be required on a monthly or quarterly basis, enrollment fees that may be applied on an annual or semiannual basis, and point-of-service cost-sharing (e.g., a co-payment to a Medicaid participating provider for a specific covered service received). To implement these options, states must submit Medicaid state plan amendments (SPAs) detailing these provisions to the federal Centers for...
Clean Air Issues in the 113th Congress: An Overview
Oversight of Environmental Protection Agency (EPA) regulatory actions was the main focus of interest as the 113th Congress considered air quality issues. Of particular interest were EPA’s proposed regulations on the emissions of greenhouse gases (GHGs) from power plants.
Reducing GHG emissions to address climate change is a major goal of President Obama, but Congress has been less enthusiastic about it. In the absence of congressional action, the President has directed EPA to promulgate GHG standards using existing authority under the Clean Air Act. This authority has been upheld on at...
Title I of the Americans with Disabilities Act (ADA): Employment Discrimination
Title I of the Americans with Disabilities Act of 1990 and the ADA Amendments Act of 2008 (together, ADA) prohibit discrimination in employment against qualified individuals on the basis of disability. The ADA defines the term disability broadly to include individuals with disabilities, individuals with a history of a disability, and individuals regarded as having disabilities whether they have one or not. The ADA protects alcoholics and drug addicts who are in recovery, but does not protect individuals who are actively abusing drugs or alcohol.
The ADA requires “covered...
Desalination and Membrane Technologies: Federal Research and Adoption Issues
In the United States, desalination and membrane technologies are used to augment municipal water supply, produce high-quality industrial water supplies, and reclaim contaminated supplies (including from oil and gas development). Approximately 2,000 desalination facilities larger than 0.3 million gallons per day (MGD) operate in the United States; this represents more than 2% of U.S. municipal and industrial freshwater use. At issue for Congress is what should be the federal role in supporting desalination and membrane technology research and facilities. Desalination issues before the 114th...
Public-Private Partnerships for Purposes of Federal Real Property Management
While public-private partnerships (PPPs) have long been used to manage real property, congressional interest in PPPs has recently increased due to the large number of underutilized and excess buildings owned by federal agencies, as well as sequestration and other spending constraints. There is no single, accepted definition of public-private partnership, and PPPs can be structured in many ways. However, for purposes of this report, a PPP is an agreement whereby a nonfederal entity acquires the right to use a real property owned or controlled by a federal agency—typically through a...
The Presidential Records Act: Background and Recent Issues for Congress
Presidential documents are historical resources that capture each incumbent’s conduct in presidential office. Pursuant to the Presidential Records Act ((PRA) 44 U.S.C. §§2201-2207), the National Archives and Records Administration (NARA) collects most records of Presidents and Vice Presidents at the end of each Administration. They are then disclosed to the public—unless the Archivist of the United States, the incumbent President, or the appropriate former President requests the records be kept private.
The PRA is the primary law governing the collection and preservation of, and access to,...
Federal Income Taxes and Noncitizens: Frequently Asked Questions
This report answers frequently asked questions about noncitizens and federal income taxes. Noncitizens may be subject to U.S. income taxes when, for example, they work in the United States or they live abroad but have U.S. source income. Noncitizens who may be subject to U.S. income taxes include
legal permanent residents (LPRs or green card holders) who are authorized to live and work in the United States permanently;
aliens who are authorized to stay in the United States temporarily, and may or may not be authorized to work;
aliens who are not authorized to be in the United States...
Wastewater Treatment: Overview and Background
The Clean Water Act prescribes performance levels to be attained by municipal sewage treatment plants in order to prevent the discharge of harmful wastes into surface waters. The act also provides financial assistance so that communities can construct treatment facilities to comply with the law. The availability of funding for this purpose continues to be a major concern of states and local governments.
This report provides background on municipal wastewater treatment issues, federal treatment requirements and funding, and recent legislative activity. Meeting the nation’s wastewater...
Reauthorization of the Satellite Television Extension and Localism Act (STELA)
One hundred sixteen million U.S. households watch television. Approximately 86% of those households subscribe to a service that carries the retransmitted signals of broadcast stations over fiber optic cables, telephone lines, or through satellite dishes on the premises. Such services, known as multichannel video programming distributors (MVPDs), retransmit broadcast television signals pursuant to a regulatory framework constructed by Congress and the Federal Communications Commission (FCC). The remaining households generally use an individual antenna that receives broadcast signals...
Senate Committees: Categories and Rules for Committee Assignments
Senate Rule XXV and party conference rules address committee assignments. Senate Rule XXV, paragraphs 2 and 3 establish categories of committees, popularly referred to as “A,” “B,” and “C,” that condition assignment rules.
The U.S. Secret Service: History and Missions
The U.S. Secret Service has two missions—criminal investigations and protection. Criminal investigation activities have expanded since the inception of the Service from a small anti-counterfeiting operation at the end of the Civil War, to now encompassing financial crimes, identity theft, counterfeiting, computer fraud, and computer-based attacks on the nation’s financial, banking, and telecommunications infrastructure, among other areas. Protection activities, which have expanded and evolved since the 1890s, include ensuring the safety and security of the President, Vice President, their...
Overview of Selected Federal Criminal Civil Rights Statutes
Federal criminal civil rights laws impose criminal penalties for deprivation of certain federal rights, privileges, or immunities. These laws prohibit hate crimes based on race, color, religion, or national origin; the burning of places of worship; violence against health care providers; and the transport of persons (particularly women and children) for the purpose of enslavement or forced labor. Some of these laws require a discriminatory motivation while others, such as human trafficking, do not. Some cover offenders acting “under color of any law.”
The Federal Bureau of Investigation...
Radio Broadcasting Chips for Smartphones: A Status Report
The concurrent developments of digital radio broadcasting and digital cellular networks have enabled hybrid products that incorporate over-the-air broadcasting into cellphones. A recent introduction (2013) is a hybrid radio/smartphone with Internet connectivity, marketed in the United States as NextRadio. NextRadio uses a chip that receives analog FM and digital radio, with enhancements such as customized radio listening; the primary radio connection is over-the-air, not through Internet streaming.
On the assumption that radio broadcasting is more accessible and reliable than...
Cash Versus Accrual Basis of Accounting: An Introduction
This report introduces two general methods of accounting—the cash basis method and accrual basis method. The choice of accounting method determines the timing of the recognition of revenue and expenses. Under cash basis accounting, revenue and expenses are 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. Understanding the differences between these two accounting methods could be helpful to Congress as it considers reforming the tax system and changing the federal...
Closing a Congressional Office: Overview of House and Senate Practices
Turnover of membership in the House and Senate necessitates closing congressional offices. The closure of a congressional office requires an outgoing Member of Congress to evaluate pertinent information regarding his or her staff; the disposal of personal and official records; and final disposition of office accounts, facilities, and equipment. In the past several years, the House and Senate have developed extensive resources to assist Members in closing their offices. These services are most typically used at the end of a Congress, when a Member’s term of service ends, but most of the...
The Hurricane Sandy Rebuilding Strategy: In Brief
< SUPPRESS > KEY TERMS FOR SEARCH: Hurricane Sandy Superstorm Sandy Hurricane Rebuilding Strategy Recovery Disaster Recovery Executive Order 13632 E.O. 13632 Hurricane Sandy Rebuilding Task Force HUD Task Force Hurricane Sandy recovery P.L. 113-2
Medicaid Home and Community-Based Settings Final Rule: In Brief
On January 16, 2014, the Centers for Medicare & Medicaid Services (CMS) issued a final rule for Medicaid participants receiving home and community-based services (HCBS). Effective March 17, 2014, the rule establishes certain requirements for home and community-based settings. To receive federal reimbursement, states must ensure that Medicaid HCBS are delivered in such settings. CMS states that the purpose of the rule is to ensure that Medicaid participants have full access to community living and opportunities to receive Medicaid services in the most integrated setting appropriate....
Energy-Water Nexus: The Energy Sector’s Water Use
Water and energy are critical resources that are reciprocally linked; this interdependence is often described as the water-energy nexus. Meeting energy-sector water needs, which are often large, depends upon the local availability of water for fuel production, hydropower generation, and thermoelectric power plant cooling. The U.S. energy sector’s use of water is significant in terms of water withdrawals and water consumption. Thermoelectric cooling represented 38% of freshwater withdrawn nationally and 45% of all water (fresh and saline) withdrawn in 2010, and the broader energy sector’s...
This report briefly discusses current requirements under the Federal Information Security Management Act (FISMA) and two bills currently being considered by Congress that would revise the conditions and authority granted by FISMA.
U.S. Greenhouse Gas Emissions: Recent Trends and Factors
On June 25, 2013, President Obama affirmed his commitment to reduce U.S. greenhouse gas (GHG) emissions by 17% below 2005 levels by 2020 if all other major economies agreed to limit their emissions as well. In addition, during a November 2014 trip to China, President Obama announced a new policy target to reduce U.S. net GHG emissions by 26%-28% by 2025. Whether these objectives will be met is uncertain, but emission levels and recent trends remain a topic of interest among policy makers.
U.S. GHG emissions increased during most of the years between 1990 and 2007, and then decreased...
Membership of the 113th Congress: A Profile
This report presents a profile of the membership of the 113th Congress (2013-2014). 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 November 24, 2014, in the House of Representatives, there are 234 Republicans, 207 Democrats (including 5 Delegates and the Resident Commissioner), and no vacant seats. The Senate has 45 Republicans, 53 Democrats, and 2 Independents, who caucus...
The Obama Administration’s November 2014 Immigration Initiatives: Questions and Answers
On November 20, 2014, President Obama delivered a televised address wherein he broadly described the steps that his administration is taking to “fix” what he has repeatedly described as a “broken immigration system.” Following the President’s address, executive agencies made available intra-agency memoranda and fact sheets detailing specific actions that have already been taken, or will be taken in the future. These actions generally involve either border security, the current unlawfully present population, or future legal immigration.
The most notable of these actions, for many...
Food Recalls and Other FDA Administrative Enforcement Actions
The U.S. Food and Drug Administration (FDA) ensures the safety of all food except for meat, poultry, and certain egg products over which the U.S. Department of Agriculture (USDA) has regulatory oversight. Under the Federal Food, Drug, and Cosmetic Act (FFDCA), the FDA has the authority to regulate the manufacturing, processing, and labeling of food with the primary goal of promoting food safety.
Congress has granted the FDA the authority to take both administrative and judicial enforcement actions. The agency initiates and carries out administrative enforcement actions while judicial...
Under Title IV-E of the Social Security Act, states, territories, and tribes are entitled to claim partial federal reimbursement for the cost of providing foster care, adoption assistance, and kinship guardianship assistance to children who meet federal eligibility criteria. The Title IV-E program, as it is commonly called, provides support for monthly payments on behalf of eligible children, as well as funds for related case management activities, training, data collection, and other costs of program administration. For FY2013, states spent $12.3 billion under the Title IV-E program (both...
Medicaid Prescription Drug Pricing and Policy
Medicaid is a federal-state entitlement program that pays for health care and related services on behalf of certain low-income individuals. Prescription drugs are an optional Medicaid benefit and all states cover outpatient drugs. States can create formularies, or lists of preferred drugs, but federal rules tend to result in comprehensive coverage, even for beneficiaries enrolled in Medicaid managed care plans. Pharmaceutical manufacturers that voluntarily participate in Medicaid are required to pay rebates to states on covered outpatient drugs, which help Medicaid receive manufacturers’...
Unemployment Insurance: Legislative Issues in the 113th Congress
The 113th Congress continues to face numerous issues related to unemployment insurance programs: Unemployment Compensation (UC), the temporary, now-expired Emergency Unemployment Compensation (EUC08), and Extended Benefits (EB). With the national unemployment rate decreasing but still high, the interest in extended unemployment benefits continues at elevated levels.
P.L. 112-240 extended the authorization for the EUC08 program until the week ending on or before January 1, 2014 (December 28, 2013, for most states). In addition, P.L. 112-240 extended the 100% federal financing of the EB...
Summary of the Small Business Health Insurance Tax Credit Under ACA
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) includes a number of provisions intended to improve access to small group health insurance coverage. One of the provisions is the small business health insurance tax credit. Certain non-profit and for-profit small employers may be eligible for the credit, provided they cover at least 50% of the cost of each of their employees’ self-only health insurance premiums.
Beginning in 2014, the credit is generally available only to qualifying employers that purchase health insurance coverage through a small business...
Leverage Ratios in Bank Capital Requirements
This report provides a summary of leverage ratios used in bank capital requirements. It also explains the concept of leverage and the rationale behind a leverage ratio.
The Earned Income Tax Credit (EITC): Legislation in the 113th Congress
The Earned Income Tax Credit (EITC) is a refundable tax credit available to eligible workers earning relatively low wages. (Because the credit is refundable, an EITC recipient need not owe taxes to receive the benefit.) Under current law, the EITC is calculated based on a recipient’s earnings, using one of eight different formulas, which vary depending on several factors, including the number of qualifying children a tax filer has (zero, one, two, or three or more) and his or her marital status (unmarried or married).
All else being equal, the amount of the credit tends to increase with...
Small Business Health Options Program (SHOP) Exchange
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) includes a number of provisions intended to improve access to health insurance coverage. Among these are provisions that apply to the small group market to address perceived problems in the market, including low offer rates among smaller employers and the sometimes prohibitive cost of health plans available in the small group market.
The small business health option program (SHOP) exchanges are among the ACA provisions directed at the small group market. SHOP exchanges are marketplaces where private health...
Drought Policy, Response, and Preparedness
This report examines the various ways Congress and other federal, state, and local policymakers are considering to prepare for and respond to drought; how to coordinate actions and assign responsibilities; and who bears the costs of impacts, disaster response, and long-term adjustment to drought.
Congress has long been concerned with the well-being of older youth in foster care and those who have recently emancipated from care without going to a permanent home. Research on this population is fairly limited, and the few studies that are available have focused on youth who live in a small number of states. This research has generally found that youth who spend time in foster care during their teenage years tend to have difficulty as they enter adulthood and beyond.
The Chafee Foster Care Independence Act (P.L. 106-169), enacted in 1999, specified that state child welfare agencies...
Intelligence Whistleblower Protections: In Brief
Intelligence whistleblowers are generally Intelligence Community (IC) employees or contractors who bring to light allegations of agency wrongdoings by, for example, disclosing information on such wrongdoings to congressional intelligence committees. Such disclosures can aid oversight of, or help curb misconduct within, intelligence agencies. However, intelligence whistleblowers could face retaliation from their employers for their disclosures, and the fear of such retaliation may deter whistleblowing. Congress and President Obama have taken measures to protect certain intelligence...
Medicare is the nation’s health insurance program for individuals aged 65 and over and certain disabled persons. Medicare consists of four distinct parts: Part A, or Hospital Insurance (HI); Part B, or Supplementary Medical Insurance (SMI); Part C, or Medicare Advantage (MA); and Part D, the outpatient prescription drug benefit. The Part A program is financed primarily through payroll taxes levied on current workers and their employers; these are credited to the HI trust fund. The Part B program is financed through a combination of monthly premiums paid by current enrollees and general...
State CO2 Emission Rate Goals in EPA’s Proposed Rule for Existing Power Plants
On June 18, 2014, the Environmental Protection Agency (EPA) published a proposed rulemaking that would establish guidelines for states to use when developing plans that address carbon dioxide (CO2) emissions from existing fossil fuel-fired electric generating units. The proposal creates 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 to be achieved “on average” between 2020 and 2029. EPA estimates that if the states achieve their individual emission rate goals in 2030, the...
House Committee Jurisdiction and Referral: Rules and Practice
Committee jurisdiction is determined by a variety of factors. Paramount is House Rule X, which designates the subject matter within the purview of each standing committee. House Rule X, however, is both largely broad and the product of an era in which governmental activity was not so extensive and relations among policies not so intertwined as now. Most of Rule X was drawn from 19th and 20th century precedents and codified in the Legislative Reorganization Act of 1946. Although the rule underwent modest revisions in 1974 and 1980, as well as more extensive changes in the 104th and 109th...
Procedural Distinctions Between the House and the Committee of the Whole
Congressional Research Service 7-5700 www.crs.gov 98-143 Summary The Committee of the Whole House on the state of the Union, generally referred to as the Committee of the Whole, is a parliamentary device provided for under House rules to allow the House to operate as a committee on which every Member of the House serves. Through this practice, dating to colonial and English antecedents, the House is able to realize a procedural benefit from having established two somewhat different sets of rules to govern consideration of various types of measures. Measures placed on the Union Calendar...
The Preventing Sex Trafficking and Strengthening Families Act (H.R. 4980), an omnibus bill that includes both child welfare and child support provisions, was signed into law on September 29, 2014, as P.L. 113-183. The bill received broad congressional support, passing the House by voice vote (under suspension of the rules) on July 23, 2014, and the Senate by unanimous consent on September 18, 2014.
P.L. 113-183 amends the federal foster care program to require state child welfare agencies to develop and implement procedures for identifying, documenting in agency records, and determining...
Cybercrime: A Sketch of 18 U.S.C. 1030 and Related Federal Criminal Laws
The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, outlaws conduct that victimizes computer systems. It is a cyber security law. It protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills cracks and gaps in the protection afforded by other federal criminal laws. This is a brief sketch of CFAA and some of its federal statutory companions, including the amendments found in the Identity...
Same-Sex Marriage: A Legal Background After United States v. Windsor
This report discusses the recognition of same-sex marriage that generates debate on both the federal and state levels.
Ebola: Basics About the Disease
Will be suppressed. In March 2014, global health officials recognized an outbreak of Ebola virus disease (EVD) in Guinea, West Africa. In retrospect, officials determined that the outbreak began in December 2013, and spread to the adjacent countries of Liberia and Sierra Leone. In September 2014, the U.S. Centers for Disease Control and Prevention (CDC) confirmed the first EVD case diagnosed in the United States, heightening concerns among some who fear the disease could spread in American communities. This report discusses EVD in general, including symptoms, modes of transmission,...
Extending Unemployment Compensation Benefits During Recessions
This report describes the history of temporary federal extensions to unemployment benefits from 1980 to the present. Among these extensions is the Emergency Unemployment Compensation (EUC08) program created by P.L. 110-252 (amended by P.L. 110-449, P.L. 111-5, P.L. 111-92, P.L. 111-118, P.L. 111-144, P.L. 111-157, P.L. 111-205, P.L. 111-312, P.L. 112-78, P.L. 112-96, and P.L. 112-240).
This report contains five sections. The first section provides background information on unemployment compensation (UC) benefits. It also provides a brief summary of UC benefit exhaustion and how exhaustion...
The WTO Brazil-U.S. Cotton Case
On October 1, 2014, Brazil and the United States reached an agreement to resolve the long-running cotton dispute in the World Trade Organization (WTO). The two countries signed a new memorandum of understanding (MOU) that spelled out the terms of the agreement: Brazil relinquishes its rights to countermeasures against U.S. trade or any further proceedings in the dispute; the United States agreed to new rules governing fees and tenor for the GSM-102 export credit guarantee program; Brazil agreed to a temporary Peace Clause with respect to any new WTO actions against U.S. cotton support...
Deferred Action for Childhood Arrivals (DACA): Frequently Asked Questions
On June 15, 2012, the Department of Homeland Security (DHS) announced that certain individuals who were brought to the United States as children and meet other criteria would be considered for relief from removal for two years, subject to renewal, under an initiative known as Deferred Action for Childhood Arrivals, or DACA. Among the eligibility requirements, an individual must have been under age 16 at the time of his or her entry into the United States; must have been continuously resident in the United States since June 15, 2007; and must not have been in lawful immigration status on...
Dark Pools in Equity Trading: Policy Concerns and Recent Developments
The term “dark pools” generally refers to electronic stock trading platforms in which pre-trade bids and offers are not published and price information about the trade is only made public after the trade has been executed. This differs from trading in so-called “lit” venues, such as traditional stock exchanges, which provide pre-trade bids and offers publicly into the consolidated quote stream widely used to price stocks.
Dark pools arose partly due to demand from institutional investors seeking to buy or sell big blocks of shares without sparking large price movements. The volume of...
Highway Bridge Conditions: Issues for Congress
Of the 608,000 public road bridges in the United States, about 64,000 (10%) were classified as structurally deficient in 2013, and another 84,000 (14%) were classified as functionally obsolete. The number of structurally deficient and functionally obsolete bridges has been declining steadily for more than two decades, and those that remain are not necessarily unsafe. Nonetheless, several high-profile bridge failures, including the 2013 collapse of a bridge on Interstate 5 in Washington State, have drawn public attention to the condition of bridges on federal-aid highways.
As it debates...
Common Core State Standards: Frequently Asked Questions
Over the last two decades, there has been interest in developing federal policies that focus on student outcomes in elementary and secondary education. Perhaps most prominently, the enactment of the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110), which amended and reauthorized the Elementary and Secondary Education Act (ESEA), marked a dramatic expansion of the federal government’s role in supporting standards-based instruction and test-based accountability, thereby increasing the federal government’s involvement in decisions that directly affect teaching and learning.
Under the...
Delayed Federal Grant Closeout: Issues and Impact
Federal outlays for grants to state and local governments have grown from $15.4 billion in 1940 (in constant FY2009 dollars) to $509.7 billion in 2013 (in constant FY2009 dollars). The number of congressionally authorized grant programs has also increased over time, with over 2,179 congressionally authorized grant programs currently being administered by federal agencies. Recently, congressional interest has focused on the efficient and effective management of federal grant programs. A recent congressional hearing evaluated the impact of alleged inefficient grant management which,...
The Federal Trade Commission Act established the Federal Trade Commission (FTC or Commission) in 1914. The protection of consumers from anticompetitive, deceptive, or unfair business practices is at the core of the FTC’s mission. As part of that mission, the FTC has been at the forefront of the federal government’s efforts to protect sensitive consumer information from data breaches and regulate cybersecurity. As the number of data breaches has soared, so too have FTC investigations into lax data security practices. The FTC has not been delegated specific authority to regulate data...
Cooling Water Intake Structures: Summary of the EPA Rule
Thermoelectric generating plants and manufacturing facilities withdraw large volumes of water for production and, especially, to absorb heat from their industrial processes. Water withdrawals by power producers and manufacturers represent more than one-half of water withdrawn daily for various uses in the United States. Although water withdrawal is a necessity for these facilities, it also presents special problems for aquatic resources. In particular, the process of drawing surface water into the plant through cooling water intake structures (CWIS) can simultaneously pull in fish,...
Asylum and Gang Violence: Legal Overview
The recent increase in the number of unaccompanied alien children (UACs) apprehended at the border between Mexico and the United States has raised questions about the role that gang-related violence in Central America may play in determining whether such children are eligible for refugee status and asylum. Only aliens who are “refugees,” as that term is defined by the Immigration and Nationality Act (INA), qualify for potential refugee status or asylum (two forms of discretionary relief that could enable UACs to enter or remain in the United States).
The INA’s definition, in turn,...
A Primer on the Reviewability of Agency Delay and Enforcement Discretion
Congress regularly authorizes and requires administrative agencies to implement and enforce regulatory programs. As such, agencies routinely make decisions about when to promulgate regulations and when to enforce statutory requirements against parties who violate the law.
During the 113th Congress, the Obama Administration announced that certain federal agencies would not enforce specific aspects of the Affordable Care Act (ACA) for a period of time in order to allow the public to further prepare for proper compliance with the law in the future. This has led to numerous questions...
Common Core State Standards and Assessments: Background and Issues
Over the last two decades, there has been interest in developing federal policies that focus on student outcomes in elementary and secondary education. Perhaps most prominently, the enactment of the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110), which amended and reauthorized the Elementary and Secondary Education Act (ESEA), marked a dramatic expansion of the federal government’s role in supporting standards-based instruction and test-based accountability, thereby increasing the federal government’s involvement in decisions that directly affect teaching and learning.
Under the...
Special Immigrant Juveniles: In Brief
Abused, neglected, or abandoned children who also lack authorization under immigration law to reside in the United States (i.e., unauthorized aliens) raise complex immigration and child welfare concerns. In 1990, Congress created an avenue for unauthorized alien children who become dependents of the state juvenile courts to remain in the United States legally and permanently. Any child or youth under the age of 21 who was born in a foreign country; lives without legal authorization in the United States; has experienced abuse, neglect, or abandonment; and meets other specified eligibility...
In late January 2014, a group of students who play football for Northwestern University filed a representation petition with the National Labor Relations Board (NLRB). The students are seeking to be represented by the College Athletes Players Association (CAPA), a newly created labor organization. CAPA contends that college football and basketball players, particularly those who compete in Division I of the National Collegiate Athletic Association (NCAA), are essentially employees given the amount of time they commit to athletics, the revenue they generate for their schools, and their...
Social Networking and Constituent Communications: Members’ Use of Vine in Congress
In the past 10 years, the rise of social media has expanded the number of options available for communication between Members of Congress and their constituents. Virtually all Members, including all 100 Senators, use Twitter as a tool to communicate legislative, policy, and official actions to interested parties; and the use of other forms of social media, including Facebook, has also proliferated.
The adoption of these technologies has enhanced the ability of Members of Congress to fulfill their representational duties by providing greater opportunities for constituents to communicate...
Social Security: Trust Fund Investment Practices
The Social Security Act has always required surplus Social Security revenues (revenues in excess of program expenditures) to be invested in U.S. government securities (or U.S. government-backed securities). In recent years, attention has been focused on alternative investment practices in an effort to increase the interest earnings of the trust funds, among other goals. This report describes Social Security trust fund investment practices under current law.
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 credit 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...
Air Quality Issues and Animal Agriculture: EPA’s Air Compliance Agreement
From an environmental quality standpoint, much of the 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 emissions from animal feeding operations (AFO), enterprises where animals are raised in confinement, to air pollution. AFOs can affect air quality through emissions of gases such as ammonia and hydrogen sulfide, particulate matter, volatile organic compounds,...
S. 1961 and H.R. 4024: Legislative Responses to a Chemical Storage Facility Spill
In January 2014, an estimated 10,000 gallons of 4-methylcyclohexanemethanol (MCHM) and other chemicals leaked from a bulk aboveground storage tank at a chemical storage facility located upstream from the intake pipes of the water treatment plant serving Charleston, WV, and nearby counties. In the wake of the resulting contamination of this large public water supply, Congress has undertaken oversight and is considering legislative options.
The chemical storage tank at the center of the West Virginia incident appears to not have been subject to regulation under various federal or state laws...
Emergency Unemployment Compensation (EUC08): Status of Benefits Prior to Expiration
Until its expiration at the end of December 2013, the temporary Emergency Unemployment Compensation (EUC08) program provided additional federal unemployment insurance benefits to eligible individuals who had exhausted all available benefits from their state Unemployment Compensation (UC) programs. Congress created the EUC08 program in 2008 and amended the original, authorizing law (P.L. 110-252) 11 times. No EUC08 benefits are currently available.
The last extension of EUC08 under P.L. 112-240, the American Taxpayer Relief Act of 2012, authorized EUC08 benefits until the week ending on or...
Summary Cost Data for Federally-Facilitated Exchanges, 2014
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect costs associated with plans sold through the health insurance exchanges established under ACA, both in terms of premiums and cost-sharing measures. CRS developed a fact sheet for each of the federally-facilitated exchanges that offer private health plans to individuals and families. Each fact sheet provides summary data about the range of costs and options for plans in a specific state’s marketplace.
In general, the ACA provisions that may affect exchange premiums...
Reducing the Budget Deficit: Overview of Policy Issues
The federal budget deficit was the largest it has been since World War II as a percentage of GDP from 2009 to 2012, peaking at 10.1% of GDP. This occurred because spending reached its highest share of GDP since 1945 and revenues reached their lowest share of GDP since 1950. Since then, the deficit has declined to a projected 2.8% of GDP in 2014, which is still above the 1946 to 2008 average. Over the next 25 years, deficits are projected to become very large again under current law.
The recent decline in the deficit is partly due to improvements in the economy, the expiration of temporary...
Summary Cost Data for Health Plans Available in Wisconsin’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Wisconsin’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Wyoming’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Wyoming’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in West Virginia’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in West Virginia’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
2014 Quadrennial Homeland Security Review: Evolution of Strategic Review
The quadrennial homeland security review is a process in which DHS examines the nation's homeland security strategy; the report provides an explanation of this process. Neither the review process nor the report to Congress is a strategy, instead the 2014 QHSR (both the process and report) are part of the constant reevaluation of the nation's homeland security and part of the process by which the combined National and Homeland Security Staff develops the next iteration of the national security strategy.
Summary Cost Data for Health Plans Available in Virginia’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Virginia’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Utah’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Utah’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
“Womenomics” in Japan: In Brief
Japan women womenomics abenomics economy structural reforms gender gap marriage birth rate demographics equality immigration Confronted with decades of economic stagnation, strict immigration controls, and a rapidly aging population, Japanese Prime Minister Shinzo Abe has launched an ambitious plan—widely known as “Abenomics”—to restart Japan’s economy. The program has three main components: a large fiscal stimulus that was injected into the economy in early 2013; expansionary monetary policy that also began in 2013 and continues today; and a series of planned structural economic reforms,...
Nominations to Cabinet Positions During Inter-Term Transitions Since 1984
Under the Constitution, high-level leadership positions in the executive branch are filled through appointment by the President “by and with the Advice and Consent of the Senate.” These posts include most of the approximately two dozen that form the President’s Cabinet, which is an institution established by custom, rather than by law. In recent decades, it has become customary for each two-term President to reshuffle his Cabinet during the inter-term transition—the transition that takes place at the end of a President’s first term in office and beginning of his second term. Typically...
Summary Cost Data for Health Plans Available in South Carolina’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in South Carolina’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Michigan’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Michigan’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Pennsylvania’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Pennsylvania’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Delaware’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Delaware’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Florida’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Florida’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Export-Import Bank (Ex-Im) and the Federal Budget
This report briefly examines budgetary considerations regarding the Export-Import Bank, which finances and ensures U.S. exports of goods and services on a demand driven basis.
Privacy Protection for Customer Financial Information
One of the functions transferred to the Consumer Financial Protection Bureau (CFPB) under P.L. 111-203, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), is authority to issue regulations and take enforcement actions under the two major federal statutes that specify conditions under which customer financial information may be shared by financial institutions: Title V of the Gramm-Leach-Bliley Act of 1999 (GLBA, P.L. 106-102) and the Fair Credit Reporting Act (FCRA). Possible topics for congressional oversight in the 113th Congress include (1) the transition of...
Hatch Act: Candidacy for Office by Federal Employees in the Executive Branch
The federal law commonly known as the “Hatch Act” applies to all federal officers and employees—other than the President and Vice President—in the agencies, departments, bureaus, and offices of the executive branch of the federal government. Under the significant amendments made to the law in 1993, the Hatch Act now generally permits most federal employees to engage in a wide range of voluntary, partisan political activities on their own off-duty time and away from the federal workplace. Some employees in specified agencies and positions, including those dealing with law enforcement and...
Syria: Overview of the Humanitarian Response
The ongoing conflict in Syria has created one of the most pressing humanitarian crises in the world. More than three years later, as of mid-June 2014, an estimated 9.3 million people inside Syria, nearly half the population, have been affected by the conflict, with nearly 6.5 million displaced. In addition, 2.8 million Syrians are displaced as refugees, with 97% fleeing to countries in the immediate surrounding region, including Turkey, Lebanon, Jordan, Iraq, Egypt, and other parts of North Africa. The situation is fluid and continues to worsen, while humanitarian needs are immense and...
High-Frequency Trading: Background, Concerns, and Regulatory Developments
High-frequency trading (HFT) is a broad term without a precise legal or regulatory definition. It is used to describe what many characterize as a subset of algorithmic trading that involves very rapid placement of orders, in the realm of tiny fractions of a second. Regulators have been scrutinizing HFT practices for years, but public concern about this form of trading intensified following the April 2014 publication of a book by author Michael Lewis. The Federal Bureau of Investigation (FBI), Department of Justice (DOJ), Securities and Exchange Commission (SEC), Commodity Futures Trading...
Summary Cost Data for Health Plans Available in South Dakota’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in South Dakota’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Tennessee’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Tennessee’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Texas’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Texas’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Disposal of Unneeded Federal Buildings: Legislative Proposals in the 113th 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...
Medicare Physician Payment Updates and the Sustainable Growth Rate (SGR) System
The Sustainable Growth Rate (SGR) is the statutory method for determining the annual updates to the Medicare physician fee schedule (MPFS). Under the SGR formula, if expenditures over a period are less than the cumulative spending target for the period, the annual update is increased. However, if spending exceeds the cumulative spending target over a certain period, future updates are reduced to bring spending back in line with the target.
In the first few years of the SGR system, the actual expenditures did not exceed the targets and the updates to the physician fee schedule were close to...
Metropolitan Area Designations by OMB: History, 2010 Standards, and Uses
On June 28, 2010, the U.S. Office of Management and Budget (OMB) announced its uniform criteria, or “standards,” for delineating metropolitan and micropolitan statistical areas in the decade 2010 to 2020. Together, these areas are known informally as “metropolitan areas” and officially as “core-based statistical areas” (CBSAs); “core” refers to a large population concentration that is socially and economically integrated with surrounding territory. Also announced were the standards for delineating New England city and town areas (NECTAs), which are conceptually similar to CBSAs. The 2010...
The Federal Estate, Gift, and Generation-Skipping Transfer Taxes
This report contains an explanation of the major provisions of the federal estate, gift, and generation-skipping transfer taxes as they apply to transfers in 2014. The following discussion provides basic principles regarding the computation of these three transfer taxes.
The federal estate and generation-skipping transfer taxes were resurrected by the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (P.L. 111-312) after a hiatus of one year (2010). The American Taxpayer Relief Act of 2012 (ATRA) permanently extended the estate tax rules enacted by the 2010...
Estate and Gift Taxes for Nonresident Aliens
This report explains the major provisions of the federal estate and gift transfer taxes as they apply to transfers by nonresident aliens in 2014. Estate and gift taxes are two federal transfer taxes imposed on the passing of property title from one person or entity to another. The federal estate tax is levied on the transfer of property at death, while the federal gift tax is levied on the transfer of property during life by one individual to another while receiving nothing or less than full value in return. The following discussion provides basic principles regarding the computation of...
Once a nomination to a U.S. circuit court of appeals or district court judgeship is submitted to the Senate by the President, the Senate almost invariably refers it to the Senate Judiciary Committee. If the Judiciary Committee schedules a vote on a nominee, it usually will vote on a motion to report the nomination favorably. However, the committee could also vote on a motion to report without recommendation, to report unfavorably, or to table the nomination. If the committee votes to report—whether favorably, without recommendation, or unfavorably—the nomination moves to the full Senate....
In 1978, the Department of the Interior (Department) adopted a final rule setting forth the process by which a group may be recognized (also acknowledged) as an Indian tribe by the Department. Prior to that time, the Department made decisions on an ad hoc basis. However, in the wake of the treaty fishing rights case United States v. Washington and eastern land claims, more groups started seeking recognition as Indian tribes, and the Department could no longer manage the recognition requests on a case-by-case basis. The acknowledgement process, codified in 25 C.F.R. Part 83, sets forth a...
Congress has created a variety of federal agencies to execute the law. To this end, agencies may adopt rules to implement laws and adjudicate certain disputes arising under such laws. As such, agencies enjoy considerable power to regulate different industries and affect the legal rights of people. In order to control the manner in which agencies operate, Congress has passed numerous statutes that impose procedural requirements on federal agencies. The Administrative Procedure Act, for example, dictates the procedures an agency must follow to establish a final, legally binding rule. Other...
Publications of the U.S. Senate
The U.S. Senate produces several publications relating to the legislative functions of the Senate. They include, but are not limited to, publications dealing with rules and procedures, bills, anticipated and past legislative activities, committee matters, and chamber proceedings. This report provides a brief description of these publications.
House Office of General Counsel
The Office of General Counsel of the House of Representatives provides legal assistance and representation to Members, committees, officers, and employees of the House of Representatives on matters pertaining to their official duties. These services may include advising offices on confidentiality issues, release of constituent information, requests from executive branch agencies, and the issuance and response to subpoenas. The office is led by the House General Counsel, who is appointed by the Speaker of the House in consultation with the Bipartisan Legal Advisory Group. The professional...
Publications of the U.S. House of Representatives
The U.S. House of Representatives produces several publications relating to the legislative functions of the House. They include, but are not limited to, publications dealing with rules and procedures, bills, anticipated and past legislative activities, committee matters, and chamber proceedings. This report provides a brief description of these publications.
Publications of Congressional Committees: A Summary
House and Senate committees publish a variety of documents dealing with legislative and other policy issues, investigations, and internal committee matters. These include committee hearings; legislative, investigative, conference committee, and committee activity reports; calendars; and committee prints. These publications are usually available from the issuing committee, the House or Senate document rooms, and increasingly, from committee websites as well. For more information on congressional operations, see http://crs.gov/analysis/Pages/CongressionalOperations.aspx.
Summary Cost Data for Health Plans Available in Ohio’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Ohio’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Nebraska’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Nebraska’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in New Hampshire’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in New Hampshire’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in New Jersey’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in New Jersey’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Oklahoma’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Oklahoma’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in New Mexico’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in New Mexico’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Everglades Restoration: CERP and the Central Everglades Planning Project (CEPP)
This report provides definition for everglades, describes what is the Comprehensive Everglades Restoration Plan (CERP), and discusses the restoration of everglades project.
U.S. Circuit Court Judges: Profile of Professional Experiences Prior to Appointment
This report provides an analysis of the professional qualifications and experiences of U.S. circuit court judges who are currently serving on the federal bench. Interest in the professional qualifications of those nominated to the federal judiciary has been demonstrated by Congress and others. Congressional interest in the professional experiences of those nominated by a President to the federal courts reflects, in part, the evaluative role of Congress in examining the qualifications of those who are nominated to life-tenure positions. Other organizations, such as the American Bar...
Provisions in the Bipartisan Budget Act of 2013 as an Alternative to a Traditional Budget Resolution
The Bipartisan Budget Act of 2013 (P.L. 113-67) included as Title I, Subtitle B, a section titled, “Establishing a Congressional Budget” designed to serve as a substitute for a traditional congressional budget resolution for FY2014 and potentially for FY2015. This report provides an explanation of such provisions, highlights how those provisions compare with a traditional budget resolution, and places them within the context of the budget process for FY2014 and FY2015.This report assumes a general understanding of the congressional budget process. For more information on the budget...
Low-Income Assistance Programs: Trends in Federal Spending
This report examines the spending trends of 10 major need-tested benefit programs or groups of programs: (1) health care from Medicaid and the Children’s Health Insurance Program (CHIP); (2) the refundable portion of the health insurance tax credit enacted in the 2010 health care reform law; (3) the Supplemental Nutrition Assistance Program (SNAP); (4) assisted housing; (5) financial assistance for post-secondary students (Pell Grants); (6) compensatory education grants to school districts; (7) the Earned Income Tax Credit (EITC); (8) the Additional Child Tax Credit (ACTC); (9)...
Summary Cost Data for Health Plans Available in North Carolina’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in North Carolina’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Traditional Benefits and Alternative Benefit Plans Under Medicaid
The Medicaid program, which served an estimated 56.7 million people in FY2012, finances the delivery of a wide variety of preventive, primary, and acute care services as well as long-term services and supports for certain low-income populations. Benefits are available to beneficiaries through two avenues: traditional coverage and alternative benefit plans (ABPs, formerly known as benchmark plans, first established in P.L. 109-171, the Deficit Reduction Act of 2005).
The traditional Medicaid program covers a wide variety of mandatory services (e.g., inpatient hospital services, lab/x-ray...
Summary Cost Data for Health Plans Available in Montana’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Montana’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Missouri’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Missouri’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Idaho’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Idaho’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Mississippi’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Mississippi’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in North Dakota’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in North Dakota’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Apprehensions of Unauthorized Migrants along the Southwest Border: Fact Sheet
This fact sheet provides information regarding the number of unauthorized migrants apprehended between ports of entry along the Southwest border from FY2000 to FY2013. It includes
trends in apprehension numbers across the Southwest border patrol sectors since FY2000; and
a breakdown of apprehensions of nationals from Mexico and nationals from countries other than Mexico along the Southwest border patrol sectors.
Health Insurance Premium Credits in the Patient Protection and Affordable Care Act (ACA) in 2014
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). ACA also establishes subsidies to reduce cost-sharing expenses.
Exchanges have been established in every state, either by the state itself or by the Secretary of Health and Human Services (HHS), as required under ACA. Exchanges are not insurers,...
Summary Cost Data for Health Plans Available in Indiana’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Indiana’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Maine’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Maine’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Kansas’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Kansas’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Louisiana’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Louisiana’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Community Development Block Grants and Related Programs: A Primer
The Community Development Block Grant (CDBG) program, administered by the Department of Housing and Urban Development (HUD), was first authorized by Title I of the Housing and Community Development Act of 1974, P.L. 93-383 (42 U.S.C. 5301, et seq.). The program is one of the largest and longest-standing federal block grants in existence, annually allocating billions of dollars in federal assistance to state and local governments in support of local neighborhood revitalization, housing rehabilitation, and community and economic development efforts. During the program’s 40-year existence,...
Summary Cost Data for Health Plans Available in Illinois’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Illinois’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Georgia’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Georgia’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Iowa’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Iowa’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
SNAP and Related Nutrition Provisions of the 2014 Farm Bill (P.L. 113-79)
After action to reauthorize the 2008 farm bill in both the 112th and 113th Congresses, the Agriculture Act of 2014 (P.L. 113-79; 2014 farm bill) was enacted on February 7, 2014. In addition to farm programs and other agricultural policies, this newest omnibus farm bill reauthorizes the Supplemental Nutrition Assistance Program (SNAP) and other related nutrition programs. Farm bills since 1973 have included reauthorization of the Food Stamp Program (now called SNAP).
The enacted 2014 law reconciles differences between the House-passed bill (H.R. 2642, as combined with H.R. 3102, Nutrition...
Obstruction of Justice: An Abridged Overview of Related Federal Criminal Laws
Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime. In fact, it is several crimes. Obstruction prosecutions regularly involve charges under several statutory provisions. Federal obstruction of justice laws are legion; too many for even passing reference to all of them in a single report.
The general obstruction of justice provisions are six: 18 U.S.C. 1512 (tampering with federal witnesses), 1513 (retaliating against federal witnesses), 1503 (obstruction of pending federal court proceedings),...
Obstruction of justice is the impediment of governmental activities. There are a host of federal criminal laws that prohibit obstructions of justice. The six most general outlaw obstruction of judicial proceedings (18 U.S.C. 1503), witness tampering (18 U.S.C. 1512), witness retaliation (18 U.S.C. 1513), obstruction of congressional or administrative proceedings (18 U.S.C. 1505), conspiracy to defraud the United States (18 U.S.C. 371), and contempt (a creature of statute, rule and common law).
The laws that supplement, and sometimes mirror, the basic six tend to proscribe a particular...
Overview of Health Care Changes in the FY2015 House Budget
On April 1, 2014, House Budget Committee Chairman Paul Ryan released the chairmans mark of the FY2015 House budget resolution together with his non-binding report entitled The Path to Prosperity: Fiscal Year 2015 Budget Resolution, which outlines his budgetary objectives. The House Budget Committee considered and amended the chairmans mark on April 2, 2014, and voted to report the budget resolution to the full House. H.Con.Res. 96 was introduced in the House April 4, 2014, and was accompanied by the committee report (H.Rept. 113-403). H.Con.Res. 96 was agreed to by the House on April 10,...
Summary Cost Data for Health Plans Available in Alaska’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Alaska’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Alabama’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Alabama’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Arkansas’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Arkansas’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Arizona’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Arizona’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Campaign Contribution Limits: Selected Questions About McCutcheon and Policy Issues for Congress
Recently invalidated aggregate limits on federal campaign contributions capped the total amount that one can give to all candidates, parties, or political action committees (PACs). For the 2014 election cycle, the aggregate limit for individual contributions was $123,200.The Supreme Court of the United States struck down the aggregate limits on April 2, 2014. Alabama contributor Shaun McCutcheon and the Republican National Committee (RNC) brought the case, McCutcheon v. FEC, after the aggregate limits prevented McCutcheon from contributing as desired to federal candidates and parties...
Federal Support for Streetcars: Frequently Asked Questions
Streetcars, a type of rail public transportation, are experiencing a revival in the United States. Also known as trolleys, streetcars were widespread in the early decades of the 20th century, but almost extinct by the 1960s. Several new streetcar systems have been built over the past 20 years, and many more are being planned. In early 2014, there were 12 operating streetcar systems, 7 new systems under construction, and approximately 21 new systems in the planning stages. Many streetcars systems, though not all, have been built or are being built with the support of federal funds.
This...
Survivor Benefits for Families of Civilian Federal Employees and Retirees
Federal employees with permanent appointments may be eligible for retirement and disability benefits under either the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). Most federal employees initially hired into permanent federal employment on or after January 1, 1984, are covered by FERS. Employees hired before January 1, 1984, are covered by CSRS unless they chose to switch to FERS during open seasons held in 1987 and 1998. Both FERS and CSRS provide survivor benefits for spouses and dependent children of employees and retirees. Survivors who had...
Credit for Military Service Under Civilian Federal Employee Retirement Systems
Federal employees with permanent appointments earn pension benefits under one of two retirement plans. Employees hired after 1983 participate in the Federal Employees’ Retirement System (FERS). Employees hired before 1984 participate in the Civil Service Retirement System (CSRS) unless they elected to transfer to the FERS during open seasons held in 1987 and 1998. When Congress established the CSRS in 1920, it allowed veterans who subsequently became civilian federal employees to count their years of active-duty military service toward retirement eligibility and pension benefits under...
Net Neutrality: The FCC's Authority to Regulate Broadband Internet Traffic Management
This report discusses the major debate over the government's role in the Internet. Legally, the question appears to be whether the Federal Communications Commission (FCC or Commission) currently has the authority to regulate the ways in which Internet Service Providers (ISPs) manage Internet traffic over their networks.
Congress passed the Digital Millennium Copyright Act (DMCA) in 1998 in an effort to adapt copyright law to emerging digital technologies that potentially could be used to exponentially increase infringing activities online. Title II of the DMCA, titled the “Online Copyright Infringement Liability Limitation Act,” added a new Section 512 to the Copyright Act (Title 17 of the U.S. Code) in order to limit the liability of providers of Internet access and online services that may arise due to their users posting or sharing materials that infringe copyrights. Congress was concerned that without...
Disability Retirement for Federal Employees
Paid sick leave, disability retirement, or workers’ compensation may provide benefits for federal civilian employees during periods of illness, disability, or workplace injury, respectively. Federal civilian employees earn 13 days of paid sick leave per year. Sick leave can be used because of the worker’s own illness or injury or to care for an ill or injured family member. A worker’s employing agency can advance up to 30 additional days of sick leave to an employee who has exhausted his or her accrued sick leave. A federal worker with a long-term disability can separate from service...
The Trend in Long-Term Unemployment and Characteristics of Workers Unemployed for Two Years or More
This report discusses trends in long term unemployment and characteristics such as gender, age, education, marital status of the very long-term for the unemployed.
Department of Housing and Urban Development (HUD): FY2015 Budget Request Overview and Resources
Department of Housing and Urban Development (HUD) FY2015 President’s Budget Request
The Role of TARP Assistance in the Restructuring of General Motors
In 2008 and 2009, collapsing world credit markets and a slowing global economy combined to create the worst market in decades for production and sale of motor vehicles in the United States and other industrial countries. Concern about the economic impact of a possible collapse of large parts of the U.S. automobile industry led both the Bush Administration and Members of Congress to seek legislative avenues to assist the automakers. Ultimately, General Motors Corporation (Old GM) and its successor General Motors Company (New GM) together received more than $50 billion in federal assistance...
Budgetary and Distributional Effects of Adopting the Chained CPI
This report examines the budgetary and distributional effects of using what is referred to as the Chained Consumer Price Index (C-CPI-U or chained CPI) as the official measure of inflation for adjusting federal revenue and spending programs for inflation.
Several other variations of the Consumer Price Index (CPI) are currently used to make automatic adjustments that affect both outlays and revenues. For example, the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) is the basis for adjusting Social Security benefits, while the Consumer Price Index for All Urban...
In February 2013, the House of Representatives announced that there will be an annual Congressional Academic Competition for Science, Technology, Engineering, and Mathematics (STEM) Education. The aim of the competition is to promote entrepreneurship and innovation. The annual competition is open to any enrolled high school or homeschooled student in a participating congressional district.
The first Congressional Academic Competition focuses on developing applications for mobile, tablet, and computer platforms. The 2014 competition is known as the House Student App Challenge. Recognizing...
Table Egg Production and Hen Welfare: Agreement and Legislative Proposals
The United Egg Producers (UEP), the largest group representing egg producers, and the Humane Society of the United States (HSUS), the largest animal protection group, have been adversaries for many years over the use of conventional cages in table egg production. In July 2011, the animal agriculture community was stunned when the UEP and HSUS announced that they had agreed to work together to push for federal legislation to regulate how U.S. table eggs are produced. The agreement between UEP and HSUS called for federal legislation that would set cage sizes, establish labeling requirements,...
The Section 8 low-income housing program is really two programs authorized under Section 8 of the U.S. Housing Act of 1937, as amended: the Housing Choice Voucher program and the project-based rental assistance program. Vouchers are portable subsidies that low-income families can use to lower their rents in the private market. Vouchers are administered at the local level by quasi-governmental public housing authorities (PHAs). Project-based rental assistance is a form of rental subsidy that is attached to a unit of privately owned housing. Low-income families who move into the housing pay...
Early Release for Federal Inmates: Fact Sheet
This fact sheet highlights current authorities available to provide early release for federal inmates. These authorities include good conduct time awarded by the Bureau of Prisons (BOP) under 18 U.S.C. §3624(b); participation in a BOP residential substance abuse treatment program under 18 U.S.C. §3621; and a reduction in sentence under 18 U.S.C. §3582(c)(1)(A).
Public Financing of Presidential Campaigns: Overview and Analysis
The presidential public campaign financing program (the Presidential Election Campaign Fund [PECF]) is funded through “checkoff” designations on individual income tax returns. Choosing to participate (or not) in the checkoff does not affect one’s tax liability or refund. Candidates who choose to participate in the program may receive taxpayer-funded matches of privately raised funds during primary campaigns, and grants during the general-election contest. Public funds also subsidize nominating conventions. The public financing system has remained largely unchanged since the 1970s. However,...
Oversight and Legal Enforcement of the National Mortgage Settlement
In Autumn 2010, all 50 state attorneys general, the attorney general for the District of Columbia, the Conference of State Bank Supervisors, the U.S. Department of Justice (DOJ), the U.S. Department of Housing and Urban Development (HUD), and the U.S. Department of the Treasury (Treasury Department) initiated an investigation into foreclosure-related state and federal law violations by the nation’s top five mortgage servicers: Ally Financial, Inc. (formerly GMAC, Inc.); Bank of America, Corp.; Citigroup, Inc.; JP Morgan Chase & Co.; and Wells Fargo & Co. On February 8, 2012, these state...
Individual Development Accounts (IDAs) are savings accounts to help low-income families and persons save for specified purposes, usually education, purchase of a home, or to start a business. IDA programs match an individual’s contributions, much like retirement 401(k) accounts. The Assets For Independence (AFI) Act, enacted by Congress in 1998, specifically authorizes IDA demonstration programs. Authorization for the AFI program expired at the end of FY2003, though Congress continued to appropriate money for the program. AFI is funded at $19.026 million for FY2014.
International Parental Child Abductions
International child custody disputes are likely to increase in frequency as the global society becomes more integrated and mobile. A child custody dispute between two parents can become a diplomatic imbroglio between two countries. Since 1988, the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention” or “Convention”) has been the principal mechanism for enforcing the return of abducted children to the United States. While the treaty authorizes the prompt return of the abducted child, it does not impose criminal sanctions on the abducting parent....
Eligibility for Social Security Disability Insurance (SSDI) benefits are based on a worker’s insured status, and payment levels are associated with the individual’s career earnings under covered employment. Monthly payments are calculated using a formula that takes into account the period of employment, a worker’s average earnings over that period, and the application of “dropout years.”
To be insured for SSDI benefits, a claimant must have worked a minimum amount of time in covered employment. First, a worker must be “fully insured,” which requires one quarter of coverage for each...
The Supplemental Security Income (SSI) program, authorized by Title XVI of the Social Security Act, is a means-tested income assistance program financed from general tax revenues. Under SSI, disabled, blind, or aged individuals who have low incomes and limited resources are eligible for benefits regardless of their work histories. In December 2013, more than 8.3 million individuals received SSI benefits, receiving monthly payments of $529.15 on average. The SSI program paid out over $4.6 billion in federally administered benefits that month. All but four states and the Commonwealth of the...
Financial Assets and Conflict of Interest Regulation in the Executive Branch
Congressional offices reviewing or conducting oversight concerning the operations of executive agencies and departments, reviewing executive branch nominees for high-level appointments, or responding to constituent inquiries or petitions, may often be confronted with issues and questions of possible “conflicts of interest” of agency officials or nominees. This report summarizes and analyzes the issues of conflicts of interest that are addressed in federal law and regulation regarding officers and employees in the executive branch of the federal government.
Federal conflict of interest laws...
Clean Water Act and Pollutant Total Maximum Daily Loads (TMDLs)
Section 303(d) of the Clean Water Act (CWA) requires states to identify waters that are impaired by pollution, even after application of pollution controls. For those waters, states must establish a total maximum daily load (TMDL) of pollutants to ensure that water quality standards can be attained. A TMDL is both a quantitative assessment of pollution sources and pollutant reductions needed to restore and protect U.S. waters and a planning process for attaining water quality standards. Implementation of Section 303(d) was dormant until states and the Environmental Protection Agency (EPA)...
Social Security: Substantial Gainful Activity for the Blind
In the Social Security disability program, the level of earnings that constitute “substantial gainful activity” (SGA), and therefore disqualifies a person from receiving benefits, is set by regulation at $1,070 a month for 2014. However, the law provides a different SGA level for the blind at $1,800 a month for 2014, which is adjusted annually to reflect growth in average wages. This report discusses the reasons for these differing amounts and proposals to change them. The appendix section of the report charts the difference between the two amounts from 1975 to 2014.
Social Security Reform: Current Issues and Legislation
Social Security reform is an issue of ongoing interest to policy makers. In recent years, Social Security program changes have been discussed in the context of negotiations on legislation to increase the federal debt limit and reduce federal budget deficits. For example, in August 2011, the Budget Control Act of 2011 (P.L. 112-25) established a Joint Select Committee on Deficit Reduction tasked with recommending ways to reduce the deficit by at least $1.5 trillion over the fiscal year period 2012 to 2021. Social Security program changes were among the measures discussed by the Joint...
Compulsory Licensing of Patented Inventions
The term “compulsory license” refers to the grant of permission for an enterprise seeking to use another’s intellectual property without the consent of its proprietor. The grant of a compulsory patent license typically requires the sanction of a governmental entity and provides for compensation to the patent owner. Compulsory licenses in the patent system most often relate to pharmaceuticals and other inventions pertaining to public health, but they potentially apply to any patented invention.
U.S. law allows for the issuance of compulsory licenses in a number of circumstances, and also...
Pharmaceutical Patent Settlements: Issues in Innovation and Competitiveness
Although brand-name pharmaceutical companies routinely procure patents on their innovative medications, such rights are not self-enforcing. Brand-name firms that wish to enforce their patents against generic competitors must therefore commence litigation in the federal courts. Such litigation ordinarily terminates in either a judgment of infringement, which typically blocks generic competition until such time as the patent expires, or a judgment that the patent is invalid or not infringed, which typically opens the market to generic entry.
As with other sorts of commercial litigation,...
Inflation and the Real Minimum Wage: A Fact Sheet
The Labor Standards Act (FLSA) of 1938 established the hourly minimum wage rate at 25 cents for covered workers. Since then, it has been raised 22 separate times, in part to keep up with rising prices. Most recently, in July 2009, it was increased to $7.25 an hour. Because there have been some extended periods between these adjustments while inflation generally has increased, the real value (purchasing power) of the minimum wage has decreased substantially over time.
Status of Mexican Trucks in the United States: Frequently Asked Questions
Border trucking, cross-border trucking, mexican trucks, trucking pilot, Mexico, NAFTA,
Moving to Work (MTW): Housing Assistance Demonstration Program
The Moving to Work (MTW) demonstration program was created by Congress in 1996 to give the U.S. Department of Housing and Urban Development (HUD) and local Public Housing Authorities (PHAs) the flexibility to test alternative policies for providing housing assistance through the nation’s two largest housing assistance programs: the Section 8 Housing Choice Voucher program and the public housing program. The alternative policies are meant to increase the cost-effectiveness of assisted housing programs, promote the self-sufficiency of assisted families, and increase housing choices for...
This report summarizes the evidence on the relationship between tax rates and economic growth, referring in a number of cases to other CRS reports providing more substance and detail. Potentially negative effects of tax rates on economic growth have been an issue in the debates about whether to increase taxes to reduce the deficit and whether to reform taxes by broadening the base to lowering tax rates.
Initially, it is important to make a distinction between the effects of policies aimed at short-term stimulation of an underemployed economy and long-run growth. In the short run, both...
Compensatory Time and the Working Families Flexibility Act of 2013
On May 8, 2013, the House passed H.R. 1406, the Working Families Flexibility Act of 2013. If enacted, this bill would amend the Fair Labor Standards Act (FLSA) to allow private sector employers to provide future paid leave (compensatory time or comp time) in lieu of overtime wages.
Under current law, the FLSA requires employers to pay covered, nonexempt employees one and one-half times their regular hourly wage (“time and a half”) for any hours worked in excess of 40 in a single work week. If enacted, H.R. 1406 would give employers and employees the option to agree to replace overtime...
Winter Fuels Outlook 2013-2014
The Energy Information Administration (EIA), in its Short-Term Energy and Winter Fuels Outlook (STEWFO) for the 2013-2014 winter heating season, projects that American consumers should expect to see heating expenditures that on average will be somewhat higher than last winter. Average expenditures for those heating with natural gas are projected to increase by 13.4%, while those heating with electricity are projected to see an increase in expenditures of about 2.1%. These two fuels serve as the heating source for about 89% of all U.S. household heating. Propane and home heating oil...
Tax-Advantaged Accounts for Health Care Expenses: Side-by-Side Comparison, 2013
Four types of tax-advantaged accounts can be used to pay for unreimbursed qualifying medical expenses: health care flexible spending accounts (FSAs), health reimbursement accounts (HRAs), health savings accounts (HSAs), and medical savings accounts (MSAs). Qualifying unreimbursed medical expenses are defined in the Internal Revenue Code (IRC) and typically include deductibles, copayments, and goods and/or services not covered by insurance. The goods and/or services can include medical services rendered by physicians, surgeons, dentists, and other medical practitioners. The costs of...
Pharmaceutical Supply Chain Security
The drug package that a community pharmacist hands to a patient, or a hospital pharmacist sends to a patient’s bedside, or a physician administers in the medical office has reached the end of a complicated path. That path is called a supply or distribution chain. The upstream portion of the chain includes the journey of each active and inactive ingredient and their chemical components to the manufacturer that creates the finished drug product. The downstream chain, which this report addresses, includes the repackagers, wholesale distributors, associated storage and transport companies,...
Oil and Natural Gas Industry Tax Issues in the FY2014 Budget Proposal
The Obama Administration, in the FY2014 budget proposal, seeks to eliminate a set of tax expenditures that benefit the oil and natural gas industries. Supporters of these tax provisions see them as comparable to those affecting other industries and supporting the production of domestic oil and natural gas resources. Opponents of the provisions see these tax expenditures as subsidies to a profitable industry the government can ill afford, and impediments to the development of clean energy alternatives.
The FY2014 budget proposal outlines a set of proposals, framed as the termination of tax...
On June 1, 2007, the European Union (EU) began to implement a new law governing chemicals in EU commerce: Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH). It is intended to protect human health and the environment from hazardous chemicals while at the same time protecting the competitiveness of European industry. REACH evolved over eight years and reflects compromises reached among EU stakeholders. The final regulation reduces and coordinates EU regulatory requirements for chemicals new to the EU market and increases collection of such information for...
Background on the Scheduled Reduction to Supplemental Nutrition Assistance Program (SNAP) Benefits
The American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5) included an across-the-board increase in benefits provided under the Supplemental Nutrition Assistance Program (SNAP, formerly the Food Stamp program), effective in April 2009. ARRA substantially raised maximum monthly benefits, by 13.6% in FY2009. For a one-person household, the added benefit was $24 a month; for two persons, $44 a month; for three persons (the most typical household), $63 a month; for four persons, $80 a month; and for larger households, higher amounts. As a result, average household SNAP benefits...
Loss of Federal Pensions for Members of Congress Convicted of Certain Offenses
Members of Congress may forfeit or lose their congressional pensions upon conviction of certain federal crimes under two different provisions of federal law:
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Under the so-called “Hiss Act,” Members of Congress (and most other officers and employees of the federal government) will forfeit their entire federal employee retirement annuities if convicted of a federal crime that relates to espionage, treason, or several other national security offenses against the United States.
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In addition to the Hiss Act provisions, Congress enacted, as part of the Honest Leadership and Open Government...
The Framework for Foreign Workers’ Labor Protections Under Federal Law
One challenge of immigration law has been to balance the interests of the domestic workforce with employer interests in hiring foreign workers who are not already authorized to work in the United States while preventing the exploitation of foreign workers. There are three main sources of labor protections for foreign workers in the United States: (1) the conditions imposed on employers hiring foreign workers through the Department of Labor (DOL) labor certification/attestation and DHS petition process; (2) federal labor laws stipulating that employers adhere to certain requirements...
501(c)(3)s and Campaign Activity: Analysis Under Tax and Campaign Finance Laws
The political activities of Section 501(c)(3) organizations are often in the news, with allegations made that some groups engaged in impermissible activities. These groups are absolutely prohibited from participating in campaign activity under the Internal Revenue Code (IRC). On the other hand, they are permitted to engage in nonpartisan political activities (e.g., distributing voter guides and conducting get-out-the-vote drives) that do not support or oppose a candidate. Determining whether an activity violates the IRC prohibition depends on the facts and circumstances of each case, and...
SEC Climate Change Disclosure Guidance: An Overview and Congressional Concerns
Publicly traded companies are required to transparently disclose material business risks to investors through regular filings with the Securities and Exchange Commission (SEC). On January 27, 2010, the SEC voted to publish Commission Guidance Regarding Disclosure Related to Climate Change (the Guidance), which clarifies how publicly traded corporations should apply existing SEC disclosure rules to certain mandatory financial filings with the SEC regarding the risk that climate change developments may have on their businesses. The Guidance has been controversial and prompted legislation in...
House Apportionment 2012: States Gaining, Losing, and on the Margin
On December 21, 2010, the Commerce Department released 2010 Census population figures and the resulting reapportionment of seats in the House of Representatives. The apportionment population of the 50 states in 2010 was 309,183,463, a figure 9.9% greater than in 2000. Just as in the 108th Congress, 12 seats shifted among 18 states in the 113th Congress as a result of the reapportionment. The next census data release was February 2011, when the Census Bureau provided states the small-area data necessary to re-draw congressional and state legislative districts in time for the 2012 elections....
Qualifying Industrial Zones (QIZs) in Jordan and Egypt: Background and Issues for Congress
Congress passed the Qualifying Industrial Zone (QIZ) program in 1996, as an amendment to the U.S.-Israel Free Trade Agreement (USIFTA) implementing legislation. This narrowly focused program provides duty-free access to the U.S. market for goods produced with certain levels of Israeli and Jordanian; Israeli and Egyptian; or Palestinian content. The purpose of the program was political (to further the Middle-East peace process) and economic (to support economic growth in the Middle East/North Africa (MENA) region). After the terrorist events of September 11, 2001, the Bush Administration,...
Financial Disclosure by Federal Officials and Publication of Disclosure Reports
High-level officials in all three branches of the federal government are required to publicly disclose detailed information concerning their financial holdings and transactions in income-producing property and assets, such as stocks, bonds, mutual funds, and real property, as well as information on income, gifts, and reimbursements from private non-governmental sources. Covered federal officials must disclose this information not only for themselves, but also must disclose much of the same required financial information with regard to their spouses and dependent children.
Public financial...
Selected Laws Governing the Broadcast of Professional Sporting Events
Professional sports are a multi-billion dollar industry in the United States. One of the biggest ways that professional sports organizations like the National Football League (NFL), National Hockey League (NHL), National Basketball Association (NBA), and Major League Baseball (MLB) generate revenue is through licensing the rights to telecast (or, more colloquially, broadcast) their games to the public. These broadcasts may occur on over-the-air broadcast stations or over cable or satellite systems, and, now, over the Internet.
The licensing rights for the telecast of professional sports...
The federal program to manage hazardous waste was established in 1976 by the Resource Conservation and Recovery Act (RCRA). Under RCRA Subtitle C, Congress directed the Environmental Protection Agency (EPA) to promulgate standards applicable to persons who generate, transport, treat, store, or dispose of such waste. Under the program, federal waste handling requirements govern every phase of waste management, from its generation to its final disposition and beyond (“cradle to grave”).
The stringent Subtitle C standards apply only to waste identified as “hazardous” according to regulatory...
The MF Global Bankruptcy, Missing Customer Funds, and Proposals for Reform
On October 31, 2011, MF Global, a large brokerage firm registered with the Securities and Exchange Commission (SEC) as a broker-dealer and with the Commodity Futures Trading Commission (CFTC) as a futures commission merchant (FCM), filed for bankruptcy, marking the eighth-largest bankruptcy in U.S. history. Based on the subsequent investigation by the bankruptcy trustee, it appears that the firm failed as a result of a “run on the bank” by customers seeking withdrawals, combined with increased margin calls on the firm’s proprietary trading positions related to distressed European debt,...
An Examination of Student Loan Interest Rate Proposals in the 113th Congress
The interest rates that borrowers pay on federal student loans made through the William D. Ford Federal Direct Loan program are specified in statutory language of the Higher Education Act of 1965, as amended. For the past two years, one type of loan—Direct Subsidized Loans—has been made with a fixed interest rate of 3.4%. Effective July 1, 2013, Direct Subsidized Loans began to be made with a fixed interest rate of 6.8%. Direct Unsubsidized Loans are currently being made with a fixed interest rate of 6.8% and Direct PLUS Loans are currently being made with a fixed interest rate of 7.9%.
In...
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 both U.S. international trade policy and the U.S. security role in Asia, but also...
All federal departments and agencies create federal records “in connection with the transaction of public business.” The Federal Records Act, as amended (44 U.S.C. Chapters 21, 29, 31, and 33), requires executive branch departments and agencies to collect, retain, and preserve federal records, which provide the Administration, Congress, and the public with a history of public-policy execution and its results.
Increasing use of e-mail, social media, and other electronic media has prompted a proliferation of record creation in the federal government. The variety of electronic platforms used...
Agricultural Guest Workers: Legislative Activity in the 113th Congress
Foreign temporary workers, also known as guest workers, have long performed legal agricultural labor in the United States through different temporary worker programs. Today, agricultural guest workers may perform farm work of a temporary or seasonal nature through the H-2A visa program.
Bringing in H-2A workers is a multi-agency process involving the U.S. Department of Labor (DOL), the U.S. Department of Homeland Security (DHS), and the U.S. Department of State (DOS). As a first step, interested employers must apply to DOL for a certification that (1) there are not sufficient U.S. workers...
Earthquakes: Risk, Detection, Warning, and Research
Portions of all 50 states and the District of Columbia are vulnerable to earthquake hazards, although risks vary greatly across the country and within individual states. Seismic hazards are greatest in the western United States, particularly in California, Washington, Oregon, and Alaska and Hawaii. California has more citizens and infrastructure at risk than any other state because of the state’s frequent seismic activity combined with its large population and developed infrastructure.
The United States faces the possibility of large economic losses from earthquake-damaged buildings and...
Medicare Immunosuppressive Drug Coverage for Kidney Transplant Recipients
End-stage renal disease (ESRD) is substantial and permanent loss in kidney function. Persons with ESRD require either a regular course of dialysis treatment (a process that removes harmful waste products from an individual’s blood stream) or a kidney transplant to survive. The Medicare program provides coverage for health care services for the vast majority of individuals diagnosed with ESRD, regardless of age.
In 2010, roughly 489,000 Medicare beneficiaries received ESRD-related services—less than 1% of the total Medicare population. According to the United States Renal Data System...
Seminole Rock Deference: Court Treatment of Agency Interpretation of Ambiguous Regulations
Agencies promulgate rules to implement statutorily authorized regulatory programs. These rules, although established by an administrative agency, maintain the force and effect of law. To be able to promulgate rules, an agency must be granted by Congress the power to do so, either explicitly or implicitly, through statute. To control the process by which agencies create these rules, Congress has enacted statutes, such as the Administrative Procedure Act (APA), that dictate what procedures an agency must follow to establish a final, legally binding rule.
Often, the organic statute that...
Carbon Capture and Sequestration (CCS): A Primer
Carbon capture and sequestration (or storage)—known as CCS—has attracted congressional interest as a measure for mitigating global climate change because large amounts of carbon dioxide (CO2) emitted from fossil fuel use in the United States are potentially available to be captured and stored underground and prevented from reaching the atmosphere. Large, industrial sources of CO2, such as electricity-generating plants, are likely initial candidates for CCS because they are predominantly stationary, single-point sources. Electricity generation contributes over 40% of U.S. CO2 emissions from...
Wildfire Management: Hotshot Crews
Wildfires can be unpredictable, with the severity and direction of the wildfire changing in a matter of moments. To ensure the safety and protection of life and property, response to a wildfire requires an array of resources including air and ground support. This report briefly discusses the role of hotshot crews for wildfire management.
Hotshot crews are intensively trained fire crews that are generally placed in the most rugged terrain on the most active and difficult areas on wildfires. The primary mission of an Interagency Hotshot Crew (IHC) is to provide a safe, professional, mobile...
Child Welfare: FY2013 Budget Request of the President and FY2013 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. The largest amount of federal child welfare funding is provided to states for assistance to children who have been removed from their homes (due primarily to abuse or neglect). In the past decade, the share of this support provided for children who remain in foster care has been on the decline, while the share provided for those who leave foster care for permanent homes (primarily via adoption) has...
Vocational Rehabilitation Grants to States: Program Overview
This report provides an overview of the federal vocational rehabilitation (VR) grant program and the associated state programs.
Comparing Medicaid and Exchanges: Benefits and Costs for Individuals and Families
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) expands health insurance coverage primarily through two mechanisms: by expanding the existing Medicaid program and by establishing new health insurance exchanges where certain individuals and businesses can purchase private health insurance. Under ACA, Medicaid and exchanges are envisioned to work in tandem, with the potential to provide a continuous source of subsidized coverage for lower-income individuals and families, beginning in 2014.
On June 28, 2012, the U.S. Supreme Court issued a decision in National...
Puerto Rico’s Political Status and the 2012 Plebiscite: Background and Key Questions
For the first time since 1998, voters in Puerto Rico went to the polls in November 2012 to reconsider the island’s relationship with the federal government (a concept known as “political status”). Voters were asked to answer two questions: (1) whether they wished to maintain Puerto Rico’s current political status; and (2) regardless of the choice in the first question, whether they preferred statehood, independence, or to be a “sovereign free associated state.” According to results certified by the Puerto Rico State Elections Commission, approximately 54.0% of those who cast ballots...
Independent Counsels, Special Prosecutors, Special Counsels, and the Role of Congress
This report provides information on the procedure for the appointment of an “independent counsel,” a “special prosecutor,” or a “special counsel” to investigate and prosecute potential or possible violations of federal criminal law by officials in the executive branch of the federal government and in federal agencies. Specifically examined is the role or authority of Congress in requiring an independent or special counsel investigation of executive branch officials.
Under the Constitution and its separation of powers principles and structure, Congress has no direct role in federal law...
The U.S. Bureau of Labor Statistics (BLS) publishes two important measures of inflation: the Consumer Price Index for all Urban Consumers (CPI-U) and the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). (Hereinafter in this report, the CPI-W and CPI-U will be referred to collectively as the standard CPI.) The standard CPI might seem like just another economic indicator, but it is a powerful policy lever. Because the CPI-W is used to calculate annual cost-of-living adjustments (COLAs) to Social Security retirement benefits and the CPI-U is used to calculate annual...
Inland Waterways: Financing and Management Options in Federal Studies
barge, inland waterways, locks, army corps of engineers, rivers, freight, cargo, shippers, navigation, waterways, intracoastal, intercoastal, tow, towboat, tug, tugboat, maritime, marine, waterborne, shipping, channels, ports, vessels, infrastructure, transportation, dams
Health Insurance Exchanges Under the Patient Protection and Affordable Care Act (ACA)
The fundamental purpose of a health insurance exchange is to provide a structured marketplace for the sale and purchase of health insurance. The authority and responsibilities of an exchange may vary, depending on statutory or other requirements for its establishment and structure. The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) requires health insurance exchanges to be established in every state by January 1, 2014. ACA provides certain requirements for the establishment of exchanges, while leaving other choices to be made by the states.
Qualified...
The Federal Railroad Administration’s Train Horn Rule
Numerous communities across the United States imposed bans on the sounding of train whistles at highway-rail grade crossings beginning in the late 1970s to address complaints and concerns of nearby residents about noise from train whistles. In 1990, a Federal Railroad Administration (FRA) study of train whistle bans in Florida showed a positive correlation between nighttime whistle bans and the number of accidents at highway-rail crossings. In 1994, partially in response to the FRA study, Congress enacted the Swift Rail Development Act (P.L. 103-440), which directed FRA to issue a...
The U.S. Postal Service: Common Questions About Post Office Closures
In 2009 and 2011, the U.S. Postal Service (USPS) announced initiatives to close post offices. Approximately 4,380 retail facilities in rural, suburban, and urban areas could have been closed. In May 2012, the agency apparently changed course. The USPS issued a plan to “preserve” rural post offices; rather than closing these facilities, the USPS would reduce their operating hours. The agency did not, however, state whether it would continue to shutter post offices in non-rural areas, nor did it provide an estimate of how many post offices it needs to serve the public. Thus, how many post...
The Pigford Cases: USDA Settlement of Discrimination Suits by Black Farmers
On April 14, 1999, Judge Paul L. Friedman of the U.S. District Court for the District of Columbia approved a settlement agreement and consent decree in Pigford v. Glickman, a class action discrimination suit between the U.S. Department of Agriculture (USDA) and black farmers. The suit claimed that the agency had discriminated against black farmers on the basis of race and failed to investigate or properly respond to complaints from 1983 to 1997. The deadline for submitting a claim as a class member was September 12, 2000. Cumulative data show that as of December 31, 2011, 15,645 (69%) of...
Federal Oversight and State Cooperation in the Chesapeake Bay
As an increasing number of communities in the United States face significant flooding, droughts, and degradation of water quality, interest in the management of interstate water basins has heightened. Interstate water management requires a number of interests to be balanced, including different priorities among states affected by the particular water basin, federal interests in federal water projects, and private interest groups who may be affected by regulation of the basin. Because of these competing interests, interstate water management often becomes controversial and may lead to...
Spectrum Policy in the Age of Broadband: Issues for Congress
The convergence of wireless telecommunications technology with the Internet Protocol (IP) is fostering new generations of mobile technologies. This transformation has created new demands for advanced communications infrastructure and radio frequency spectrum capacity that can support high-speed, content-rich uses. Furthermore, a number of services, in addition to consumer and business communications, rely at least in part on wireless links to broadband (high-speed/high-capacity) infrastructure such as the Internet and IP-enabled networks. Policies to provide additional spectrum for mobile...
501(c)(4)s and Campaign Activity: Analysis Under Tax and Campaign Finance Laws
The campaign activities of tax-exempt 501(c)(4) social welfare organizations continue to receive considerable attention. These groups operate with less restriction after the Supreme Court’s decision in Citizens United v. FEC, which invalidated long-standing prohibitions in the Federal Election Campaign Act (FECA) on corporations and labor unions using their general treasury funds to make independent expenditures and electioneering communications. However, even after Citizens United, 501(c)(4) groups are still subject to regulation under FECA and the Internal Revenue Code (IRC).
Under...
State and Local Restrictions on Employing Unauthorized Aliens
In May 2011, the Supreme Court ruled in Chamber of Commerce of the United States of America v. Whiting that federal immigration law did not preempt an Arizona statute that authorized or required the suspension or termination of the licenses of businesses that knowingly or intentionally hire unauthorized aliens, and also required that employers within Arizona use the federal government’s E-Verify database to check employees’ work authorization.
The doctrine of preemption derives from the Supremacy Clause of the U.S. Constitution, which establishes that federal law, treaties, and the...
Budgetary flexibility enacted under the Reducing Flight Delays Act of 2013 (P.L. 113-9) has permitted the Federal Aviation Administration (FAA) to cancel plans to close 149 air traffic control towers operated by contractors, a measure it had proposed to address funding decreases brought about by the budget sequester. On March 22, 2013, FAA announced the planned tower closures. The closures were originally planned for April 2013, but the closure was pushed back to June 2013 and then abandoned due to receipt of new authority in P.L. 113-9 allowing funds to be transferred from other FAA...
Search and Seizure Cases in the October 2012 Term of the Supreme Court
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. U.S. Const. Amend. IV.
This term, the Supreme Court decided that (1) deploying a drug-detecting dog at the front door of a house qualifies as a Fourth Amendment search (Florida v. Jardines); (2) the positive reaction of a trained, drug-detecting dog constitutes...
Committee of the Whole: An Introduction
The Committee of the Whole House on the State of the Union, more often referred to as the “Committee of the Whole,” is the House of Representatives operating as a committee on which every Member of the House serves. The House of Representatives uses this parliamentary device to take procedural advantage of a somewhat different set of rules governing proceedings in the Committee than those governing proceedings in the House. The purpose is to expedite legislative consideration.
This report briefly reviews the history of the Committee of the Whole, describes the current procedure associated...
On September 10, 1996, the Senate passed H.R. 3396, the Defense of Marriage Act (DOMA), which had been cleared on July 12 by the House. On September 21, 1996, President Clinton signed DOMA and it became P.L. 104-199.
On November 4, 2008, California citizens passed Proposition 8, which added new Section 7.5 to Article I of the California Constitution that reads “Only marriage between a man and a woman is valid or recognized in California.”
Petitions of certiorari have been granted by the United States Supreme Court in two cases resulting from these events.
This report contains resources...
In response to across-the-board funding reductions in federal programs through the budget sequestration process implemented in FY2013, the Federal Aviation Administration (FAA) began to furlough personnel, including air traffic controllers, on April 21, 2013. In conjunction with air traffic controller furloughs, FAA implemented various air traffic management initiatives to mitigate impacts of the reduced staffing on controller workload. This resulted in some delays affecting about 3%-4% of flights, with some acute delay impacts occurring in congested airspace, particularly in the New York...
Covered Bonds: Background and Policy Issues
Covered bonds are a relatively common method of funding mortgages in Europe, but uncommon in the United States. A covered bond is a recourse debt obligation that is secured by a pool of assets, often mortgages. The holders of the bond are given additional protection in the event of bankruptcy or insolvency of the issuing lender. Covered bonds have some features, such as pooled mortgages, that resemble securitization, but the original lenders maintain a continuing interest in the performance of the loans. Because some believe that the subprime mortgage turmoil may have been influenced by...
Inflation-Indexing Elements in Federal Entitlement Programs
In recent years, various proposals have been discussed in the context of ways to reduce federal budget deficits. One of these proposals calls for the use of a different measure of consumer price change to index various provisions of federal programs, including cost-of-living adjustments (COLAs). For example, under current law, the Social Security COLA is based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Under the proposal, the Social Security COLA would be based instead on the Chained Consumer Price Index for All Urban Consumers (Chained CPI-U or...
Traditional Versus Benchmark Benefits Under Medicaid
The Medicaid program, which served 72 million people in FY2012, finances the delivery of a wide variety of preventive, primary, and acute care services as well as long-term services and supports for certain low-income populations. Benefits are available to beneficiaries through two avenues. First, the traditional Medicaid program covers a wide variety of mandatory services (e.g., inpatient hospital services, lab/x-ray services, physician care, nursing facility care for persons aged 21 and over), and other services at state option (e.g., prescribed drugs, physician-directed clinic services,...
Common Questions About Postage and Stamps
Constituents and interest groups often approach congressional offices with questions about postage and stamps. This report provides brief answers to commonly asked questions and provides sources where Members and congressional staff may learn more about these topics.
The Senate usually has not had rules or policies regarding legislation to establish postage stamps. The House Committee on Oversight and Government Reform long has had a rule against considering legislation that proposes the issuance of new semipostal and commemorative stamps.
Congressional or Federal Charters: Overview and Enduring Issues
A congressional or federal charter is a federal statute that establishes a corporation. Congress has issued charters since 1791, although most charters were issued after the start of the 20th century. Congress has used charters to create a variety of corporate entities, such as banks, government-sponsored enterprises, commercial corporations, venture capital funds, and quasi governmental entities. Congressionally chartered corporations have raised diverse issues for Congress, including (1) Title 36 corporations’ membership practices; (2) prohibitions on Title 36 corporations engaging in...
The STOCK Act, Insider Trading, and Public Financial Reporting by Federal Officials
The STOCK Act (Stop Trading on Congressional Knowledge Act of 2012) was signed into law on April 4, 2012. It affirms and makes explicit the fact that there is no exemption from the “insider trading” laws and regulations for Members of Congress, congressional employees, or any federal officials. The law also expressly affirms that all federal officials have a “duty” of trust and confidentiality with respect to nonpublic, material information which they may receive in the course of their official duties, and a duty not to use such information to make a private profit.
The STOCK Act, as part...
Air Quality Issues in Natural Gas Systems
Natural Gas Systems and Air Pollution
Congressional interest in U.S. energy policy has focused in part on ways through which the United States could secure more economical and reliable fossil fuel resources both domestically and internationally. Recent expansion in natural gas production, primarily as a result of new or improved technologies (e.g., hydraulic fracturing, directional drilling) used on unconventional resources (e.g., shale, tight sands, and coal-bed methane), has made natural gas an increasingly significant component in the U.S. energy supply. This expansion, however, has...
Regulation of Broadcast Indecency: Background and Legal Analysis
During the 2012 Super Bowl Halftime Show, the rapper M.I.A. (stage name for the artist Mathangi “Maya” Arulpragasm) made an indecent gesture during her live performance, reigniting the debate over whether the FCC could punish broadcasters for fleeting indecency. M.I.A.’s performance echoed two other prominent television events that have been the subject of ongoing litigation. The airing of an expletive by Bono (stage name for the artist Paul David Hewson) during the 2003 Golden Globe Awards, as well as the “wardrobe malfunction” that occurred during the 2004 Super Bowl halftime show, gave...
Ensuring That Traffic Signs Are Visible at Night: Federal Regulations
Traffic signs provide information to help motorists travel safely. If a sign is useful during daytime, it has equal or greater value to motorists at night, when less of the road environment can be seen. Federal regulations have long required that traffic signs be visible at night, either through the use of retroreflective materials (materials that reflect light, such as from headlights, back in the direction from which it came) or through permanent lighting illuminating the sign. These regulations are part of the Manual of Uniform Traffic Control Devices (MUTCD), a compilation of federal...
“Gang of Four” Congressional Intelligence Notifications
“Gang of Four” intelligence notifications generally are oral briefings of certain particularly sensitive non-covert action intelligence activities, including principally, but not exclusively, intelligence collection programs that the intelligence community typically limits to the chairmen and ranking Members of the two congressional intelligence committees.
Gang of Four notifications are not based in statute but have constituted a practice generally accepted by the leadership of the intelligence committees, and that is employed when the intelligence community believes a particular...
“Hollowing Out” in U.S. Manufacturing: Analysis and Issues for Congress
The health of the U.S. manufacturing sector has been a long-standing concern of Congress. Although Congress has established a wide variety of tax preferences, direct subsidies, import restraints, and other federal programs with the goal of retaining or recapturing manufacturing jobs, only a small proportion of U.S. workers is now employed in factories. Meanwhile, U.S. factories have stepped up production of goods that require high technological sophistication but relatively little direct labor. Labor productivity in manufacturing, as measured by government data, has grown rapidly,...
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 (LIS), received action on the House floor in the...
Federal Authority to Regulate the Compounding of Human Drugs
This report will examine the FDA's regulation of drug compounding and will discuss relevant legal authorities. The report will conclude by discussing potential limits to the FDA's authority to regulate human drug compounding.
Fair Debt Collection Practices Act (FDCPA)
The recent fiscal crisis and recession have accentuated debt collection issues, prompted federal regulatory and enforcement activities regarding the debt collection industry, and motivated assessments of the effectiveness of the Fair Debt Collection Practices Act (FDCPA). The Consumer Financial Protection Bureau (Bureau or CFPB) and the Federal Trade Commission (FTC), the two main agencies charged with regulating and/or enforcing the FDCPA, have identified debt buying, the use of litigation as a collection strategy, and the impact of current technology on the debt collection industry as...
One of the primary tasks of the Federal Communications Commission (FCC) is to encourage the deployment of broadband throughout the United States. Broadband technology is now available over a wide array of delivery systems including cable, wireless, telephone, and fiber optic networks. The FCC moved, in recent years, to ease some of the regulatory burdens inherent in erecting new broadband facilities within the current legal framework. Congress has also taken steps to encourage the deployment of wireless facilities. This report will discuss some of the important legal developments related...
Abortion and the Patient Protection and Affordable Care Act
The Patient Protection and Affordable Care Act (“Affordable Care Act”) includes provisions that address the coverage of abortion services by qualified health plans that will be available through health benefit exchanges beginning in 2014. These provisions have been controversial, particularly with regard to the use of premium tax credits or cost-sharing subsidies to obtain health coverage that includes coverage for elective, non-therapeutic abortion services. The Affordable Care Act addresses abortion coverage by the exchange plans with reference to the so-called “Hyde Amendment,” which...
Sensitive Covert Action Notifications: Oversight Options for Congress
Legislation enacted in 1980 gave the executive branch authority to limit advance notification of especially sensitive covert actions to eight Members of Congress—the “Gang of Eight”—when the President determines that it is essential to limit prior notice in order to meet extraordinary circumstances affecting U.S. vital interests. In such cases, the executive branch is permitted by statute to limit notification to the chairmen and ranking minority Members of the two congressional intelligence committees, the Speaker and minority leader of the House, and Senate majority and minority leaders,...
Hugo Chávez’s Death: Implications for Venezuela and U.S. Relations
T
he death of Venezuelan President Hugo Chávez on March 5, 2013, after 14 years of populist rule, has implications not only for Venezuela’s political future, but potentially for the future of U.S.-Venezuelan relations. This report provides a brief discussion of those implications. For additional background on President Chávez’s rule and U.S. policy, see CRS Report R40938, Venezuela: Issues for Congress, by Mark P. Sullivan.
Congress has had a strong interest in Venezuela and U.S. relations with Venezuela under the Chávez government. Among the concerns of U.S. policymakers has been the...
Foreign Ownership of U.S. Financial Assets: Implications of a Withdrawal
This report provides an overview of the role foreign investment plays in the U.S. economy and an assessment of possible actions a foreign investor or a group of foreign investors might choose to take to liquidate their investments in the United States. Concerns over the potential impact of disinvestment have grown as national governments have become more active investors in the U.S. economy and as innovation in creating financial instruments has increased volatility in financial markets. Such concerns seem out of step with the experience of the 2008-2009 financial crisis, during which the...
The Berne Union, or the International Union of Credit and Investment Insurers, is an international organization comprised of more than 70 public and private sector members that represent both public and private segments of the export credit and investment insurance industry. Members range from highly developed economies to emerging markets, from diverse geographical locations, and from a spectrum of viewpoints about approaches to export credit financing and investment insurance. Within the Berne Union, the United States is represented by the U.S. Export-Import Bank (Eximbank) and the...
Second Amendment Challenges to Firearms Regulations Post-Heller
The U.S. Supreme Court in District of Columbia v. Heller held that the Second Amendment to the U.S. Constitution protects an individual right to possess a firearm, unconnected with service in a militia, and the use of that firearm for traditionally lawful purposes, such as self-defense within the home. It also held that the Second Amendment applies to the states in McDonald v. City of Chicago. Since then, federal and state firearms laws have been challenged under the Second Amendment. Lower courts have been disputed in determining how to evaluate these provisions, given that the Heller...
FEMA Disaster Cost-Shares: Evolution and Analysis
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (The Stafford Act, P.L. 93-288) includes the Public Assistance (PA) program, Sections 406 and 407 of the act. These sections provide assistance to states, local governments and non-profit organizations for debris removal and rebuilding of the public and non-profit infrastructure. The Stafford Act is a partnership between the federal and state governments and part of the partnership is the notion that state and local governments should have some “skin in the game.” That is, they should contribute toward some of the costs...
Unemployment Compensation (UC): Eligibility for Students Under State and Federal Laws
The recent economic recession and subsequent recovery period has produced one of the most challenging labor markets in recent decades. Many workers lost their jobs during this time period, as others were just entering the market for the first time. As a strategy to cope with the difficult employment situation, many individuals entered school to acquire skills to become more competitive, while others never left, remaining in school to postpone the employment search. However, due to the prolonged nature of the recovery, many students and workers remain jobless and struggle to find work....
On March 12, 2013, House Budget Committee Chairman Paul Ryan released the chairman’s mark of the FY2014 House budget resolution together with his report entitled The Path to Prosperity: A Responsible Balanced Budget, which outlines his budgetary objectives. The House Budget Committee considered and amended the chairman’s mark on March 13, 2013, and voted to report the budget resolution to the full House. H.Con.Res. 25 was introduced in the House March 15, 2013, and was accompanied by the committee report (H.Rept. 113-17). H.Con.Res. 25 was agreed to by the House on March 21, 2013.
A...
Communication between Members of Congress and their constituents has changed with the development of new online social networking services. Many Members now use e-mail, official websites, blogs, YouTube channels, Twitter, and Facebook pages to communicate with their constituents—technologies that were either non-existent or not widely available 20 years ago.
Social networking services have arguably served to enhance the ability of Members of Congress to fulfill their representational duties by providing greater opportunities for communication between the Member and individual constituents....
Administrative Agencies and Claims of Unreasonable Delay: Analysis of Court Treatment
One common concern about federal agencies is the speed with which they are able to issue and implement regulations. Federal regulatory schemes can be quite complex, and establishing rules and completing adjudications can sometimes require substantial agency resources and significant amounts of time. However, critics point out that sometimes an agency can simply take too long to a complete task. Commentators and courts have noted that such agency delay can impact the effectiveness of a regulatory scheme. It can also impact regulated entities that must wait for final agency action. In some...
The National Broadband Plan Goals: Where Do We Stand?
On March 16, 2010, the Federal Communications Commission (FCC) released Connecting America: The National Broadband Plan. The National Broadband Plan (NBP) identified significant gaps in broadband availability and adoption in the United States, and in order to address those gaps and other challenges, the NBP set specific goals to be achieved by the year 2020. Goals were set for next generation broadband service; universal broadband service; mobile wireless broadband innovation and coverage; broadband access of Community Anchor Institutions; a nationwide, wireless, interoperable broadband...
Guns, Excise Taxes, and Wildlife Restoration
A federal excise tax on the manufacture, production, importation, and sale of firearms, shells, and cartridges, as well as archery equipment, provides funds for matching grants to states and territories for wildlife conservation, hunter education, and public shooting ranges. The program is called the Wildlife Restoration Fund, or Pittman-Robertson (P-R). The tax does not distinguish between equipment that is commonly used in hunting versus equipment that is rarely suitable for such use. The program has mandatory spending authority to the extent of receipts, and funds are distributed on a...
On October 17, 2006, the Environmental Protection Agency (EPA) published its final revisions to the National Ambient Air Quality Standards (NAAQS) for particulate matter (particulates, or PM). Several states and industry, agriculture, business, and environmental and public health advocacy groups petitioned the U.S. Court of Appeals for the District of Columbia Circuit, challenging certain aspects of EPA’s revisions. A February 24, 2009, decision by the D.C. Circuit granted the petitions in part, denying other challenges, and remanded the standards to EPA for further consideration but did...
Tax Issues Relating to Charitable Contributions and Organizations
Prior to the financial crises and subsequent recession, the value of tax benefits for charitable contributions and organizations was estimated to be around $100 billion per year. About half of this cost arose from the deductions for charitable contributions with the other half from exemptions of earnings of nonprofits. In 2010, the deduction for charitable contributions resulted in an estimated $40 billion in federal revenue losses. On average, endowment investments in 2009 experienced losses, meaning that the federal government did not lose revenues from exempting asset returns from...
Hydraulic Fracturing: Chemical Disclosure Requirements
Hydraulic fracturing is a technique used to free oil and natural gas trapped underground in low-permeability rock formations by injecting a fluid under high pressure in order to crack the formations. The composition of a fracturing fluid varies with the nature of the formation, but typically contains mostly water; a proppant to keep the fractures open, such as sand; and a small percentage of chemical additives. Some of these additives may be hazardous to health and the environment.
The Shale Gas Production Subcommittee of the Secretary of Energy Advisory Board has recommended public...
Prescription Drug User Fee Act (PDUFA): 2012 Reauthorization as PDUFA V
Title I of the Food and Drug Administration Safety and Innovation Act (FDASIA, P.L. 112-144) reauthorized the Prescription Drug User Fee Act (PDUFA) through September 30, 2017. Known as PDUFA V, this was the program’s fourth five-year reauthorization. The Prescription Drug User Fee Act (PDUFA), in 1992, 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.”
PDUFA fees provided 52% of the Human Drugs Program funding for FY2012, accounting for more...
Garcia v. Vilsack: A Policy and Legal Analysis of a USDA Discrimination Case
The U.S. Department of Agriculture (USDA) has long been accused of unlawfully discriminating against minority and female farmers in the management of its various programs, particularly in its Farm Service Agency loan programs. While USDA has taken concrete steps to address these allegations of discrimination, the results of these efforts have been criticized by some. Meanwhile, some minority and female farmers who have alleged discrimination by USDA have filed various lawsuits under the Equal Credit Opportunity Act (ECOA) and the Administrative Procedure Act (APA). Pigford v. Glickman,...
Genetically Engineered Fish and Seafood: Environmental Concerns
In the process of congressional oversight of executive agency regulatory action, concerns have been raised about the adequacy of the FDA’s review of a genetically modified (GM) salmon. More specifically, concern has focused on whether and how potential environmental issues related to this GM salmon might be addressed. In response to these concerns, several bills were introduced in the 112th Congress seeking to declare GM fish unsafe and thus prevent FDA approval of this salmon for human consumption or to require that GM fish be specifically labeled. No final action was taken on these bills...
The Environmental Protection Agency (EPA) published revisions to the Clean Air Act (CAA) National Ambient Air Quality Standards (NAAQS) for particulate matter (particulates, or PM) on October 17, 2006. EPA’s actions leading up to and following promulgation of the 2006 standard have been the subject of considerable congressional oversight. EPA and states’ ongoing implementation of the standard, beginning with the designation of those geographical areas not in compliance, likewise has been an area of concern and debate among some Members of Congress, states, and other stakeholders for some...
Comparing G-20 Reform of the Over-the-Counter Derivatives Markets
Derivatives, or financial instruments whose value is based on an underlying asset, played a key role in the financial crisis of 2008-2009. Congress directly addressed the governance of the derivatives markets through the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank; P.L. 111-203; July 21, 2010). This act, in Title VII, sought to bring the largely unregulated over-the-counter (OTC) derivatives markets under greater regulatory control and scrutiny. Pillars of this approach included mandating that certain OTC derivatives be subject to central clearing, such as through...
Exemptions for Firearms in Bankruptcy
The U.S. Supreme Court’s decisions regarding the nature of the people’s right to “keep and bear arms,” as guaranteed in the Second Amendment to the U.S. Constitution, has focused some interest on the extent to which firearms are protected from the reach of creditors under either federal or state laws. State laws protecting certain property from creditors’ claims may be used both in and outside of the bankruptcy context. Federal law may also protect certain property from creditors’ claims in bankruptcy.
Although a number of states have provisions explicitly shielding firearms from the...
Federal Assault Weapons Ban: Legal Issues
In the 113th Congress, there has been renewed congressional interest in gun control legislation. On January 16, 2013, President Obama announced his support for legislation on gun control, including a ban on certain semiautomatic assault firearms and large capacity ammunition feeding devices. Senator Dianne Feinstein introduced S. 150, the Assault Weapons Ban of 2013, which would prohibit, subject to certain exceptions, the sale, transfer, possession, manufacturing, and importation of specifically named firearms and other firearms that have certain features, as well as the transfer and...
Veterans’ Benefits: Current Life Insurance Programs
The Department of Veterans Affairs (VA) administers and supervises several life insurance programs for active servicemembers and veterans. The VA supervises the Servicemembers’ Group Life Insurance (SGLI) and Veterans’ Group Life Insurance (VGLI) programs, which are administered by the Office of Servicemembers’ Group Life Insurance (OSGLI), a division of Prudential Insurance Company of America. The Service-Disabled Veterans’ Insurance (S-DVI) program, on the other hand, is administered entirely by the VA. Access to VA-administered life insurance programs gives servicemembers and veterans,...
Belarus: Background and U.S. Policy Concerns
Belarusian President Aleksandr Lukashenko snuffed out Belarus’s modest progress toward democracy and a free market economy in the early 1990s and created an authoritarian, Soviet-style regime. Belarus has close historical and cultural ties to Russia. Russian policy toward Belarus appears to be focused on gaining control of Belarus’s key economic assets while reducing the costs of subsidizing the Lukashenko regime.
For many years, the United States has limited ties to the regime while providing modest support to pro-democracy organizations in Belarus. The United States and the European...
Health Benefits for Members of Congress
This report covers health benefits made available to Members of Congress through federal government employment, including Federal Employees Health Benefits Program (FEHBP), dental and vision insurance, flexible spending accounts, long-term care insurance, services at the Office of the Attending Physician and military hospitals, and Medicare. It also offers a comparison of FEHBP to health benefits offered by the private sector and state and local governments and a discussion of the effect of the Affordable Care Act (ACA) on Members' health benefits.
Secretary of the Senate: Legislative and Administrative Duties
The Secretary of the Senate is an officer of the Senate elected at the beginning of each Congress by the membership of the Senate. The Secretary has financial, administrative, and legislative responsibilities derived from law, Senate rules, and other sources. In addition, the Senate Committee on Rules and Administration maintains oversight authority over the Secretary of the Senate and issues policies and regulations governing the Secretary’s duties and responsibilities. The Secretary of the Senate was established during the First Congress (1789-1791), when Samuel Allyne Otis was elected...
An Overview of the Tax Provisions in the American Taxpayer Relief Act of 2012
On December 31, 2012, a variety of temporary tax provisions that were part of the “fiscal cliff” expired. Two days later, the American Taxpayer Relief Act of 2012 (ATRA; P.L. 112-240) retroactively extended, and in certain cases modified, many of these provisions. The short time period between the expiration of these provisions and the enactment on January 2 of ATRA retroactively meant that from the perspective of all but upper-income taxpayers, income taxes remained unchanged between 2012 and 2013 (i.e., the amount of income tax withheld from their paycheck and the availability of certain...
The Earned Income Tax Credit (EITC): Changes for 2012 and 2013
The earned income tax credit (EITC), established in the tax code in 1975, provides cash assistance to lower income working parents and individuals through the tax system. The EITC will be higher in 2012 and 2013 than it was in 2011. An increase in the size of the EITC will occur because the maximum amount of earned income used to calculate the credit and the phase-out income level are indexed for inflation. The increases reflect the inflation adjustment.
For tax year 2012, the maximum EITC for tax filers without children was $475, and it will increase to $487 in 2013. For families with one...
Provisions of Special Rules in the House: An Example of a Typical Open Rule
This report includes a typical example of a simple open rule that the House Committee on Rules may report to govern House floor action on a bill that is not otherwise privileged for consideration. This resolution has been divided into five parts.
EPA’s Boiler MACT: Controlling Emissions of Hazardous Air Pollutants
On December 20, 2012, EPA Administrator Lisa Jackson signed final revisions to EPA’s 2011 Maximum Achievable Control Technology standards for boilers (the “Boiler MACT”). The Boiler MACT has been among the most controversial EPA regulations over the last three years, because of its wide reach and potential economic impact. Boilers are widely used for heat and power throughout industry, and by large commercial establishments and institutions, as well. EPA found it difficult to adequately characterize and develop emissions data for the many types of boilers, leading many in the regulated...
Civilian Extraterritorial Jurisdiction Act: Federal Contractor Criminal Liability Overseas
The United States government uses hundreds of thousands of civilian contractors and employees overseas. They and their dependants are often subject to local prosecution for the crimes they commit abroad. Whether by agreement, practice, or circumstance—sometimes they are not. The Military Extraterritorial Jurisdiction Act (MEJA) permits federal prosecution of certain crimes committed abroad by Defense Department civilian employees, contractors, or their dependants. The Civilian Extraterritorial Jurisdiction Act (CEJA; H.R. 2136) (Representative Price of North Carolina) and S. 1145 (Senator...
Department of Defense Food Procurement: Background and Status
Military food items, also known as subsistence items, are generally procured under the auspices of the Defense Logistics Agency (DLA), an agency of the Department of Defense (DOD) which provides worldwide logistics support for the U.S. military services. Under DLA, DLA Troop Services (formerly the Defense Supply Center Philadelphia) is the inventory control point for food, clothing, textiles, medicines, medical equipment, general and industrial supplies, and services for the military, their eligible dependents, and other non-DOD customers worldwide. DLA Troop Services buys and manages...
Some types of postsecondary education programs at institutions of higher education that are eligible for participation in the federal student aid programs authorized under Title IV of the Higher Education Act of 1965, as amended (HEA), face additional conditions for Title IV aid eligibility. These programs, which are offered by public and private not-for-profit institutions of higher education and postsecondary vocational institutions, and by for-profit proprietary institutions of higher education, must prepare students for gainful employment in recognized occupations.
For many years, the...
“First Day” Proceedings and Procedural Change in the Senate
In the early weeks of the 112th Congress, the Senate considered proposals to change its Standing Rules, as well as proposals to alter other practices and procedures. Three resolutions that proposed to amend the Senate rules (S.Res. 8, S.Res. 10, as amended, and S.Res. 21, as amended) received votes, but none were agreed to. These three resolutions proposed a variety of changes, chiefly focused on the operation of the Senate’s cloture rule (Rule XXII). However, the Senate did agree to two proposals to establish new Senate standing orders (S.Res. 28 and S.Res. 29). S.Res. 28 established new...
House Sergeant at Arms: Legislative and Administrative Duties
The Sergeant at Arms is an elected officer of the House of Representatives, nominated at the beginning of each Congress by the House majority leadership, and elected by the House membership. The Sergeant at Arms has law enforcement, protocol, and administrative responsibilities within the House.
The Earned Income Tax Credit (EITC): Legislative Issues
The Earned Income Tax Credit (EITC or EIC) began in 1975 as a temporary program to return a portion of the Social Security taxes paid by lower-income taxpayers, and was made permanent in 1978. In the 1990s, the program was transformed into a major component of federal efforts to reduce poverty, and is now the largest anti-poverty entitlement program. Tax year 2009 data show a total EITC amount of $59.7 billion for 27.2 million tax returns, yielding an average tax credit of $2,195. Most of the EITC (87.1%) was received as a refund (EITC exceeded tax liability) by low-income workers.
The...
Preventing Gun Violence While Protecting Gun Rights: CRS Experts
This report provides a table with names and contact information of CRS experts on policy issues related to preventing gun violence while protecting gun violence.
Authorized Generic Pharmaceuticals: Effects on Innovation
The practice of “authorized generics” has recently been the subject of considerable attention by the pharmaceutical industry, regulators, and members of Congress alike. An “authorized generic” (sometimes termed a “branded,” “flanking,” or “pseudo” generic) is a pharmaceutical that is marketed by or on behalf of a brand-name drug company, but is sold under a generic name. Although the availability of an additional competitor in the generic drug market would appear to be favorable to consumers, authorized generics have nonetheless proven controversial. Some observers believe that authorized...
The Alternative Minimum Tax for Individuals
Over time, 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 that by taking advantage of the preferences and incentives in the tax code, some individuals can substantially reduce their income taxes.
Congress, in 1969, enacted the predecessor to the current individual alternative minimum tax (AMT) to make sure that everyone paid at least a minimum of taxes and still preserve the economic and social...
Patent Infringement and Experimental Use Under the Hatch-Waxman Act: Current Issues
Concerns over the availability of affordable health care have focused national attention upon patents and other intellectual property rights awarded to pharmaceutical firms. Legislation that was introduced before, but not enacted by, the 112th Congress proposed amendments to the Hatch-Waxman Act, legislation dating from 1984 that governs intellectual property rights in pharmaceuticals and other regulated products. Recent rulings from the federal judiciary regarding the Hatch-Waxman Act may be pertinent to future congressional consideration of that statute. Both the judicial holdings, as...
According to the Centers for Disease Control and Prevention (CDC), about 1.4% of surveyed children living in the United States between the ages of 1 and 5 years have an unacceptably high level of lead in their blood (i.e., 10 micrograms or more of lead per deciliter of blood), which may result in learning disabilities, reduced intellectual ability, or other problems. Poor children are at special risk because elevated blood-lead levels are more prevalent among children from families with lower incomes, and inadequate nutrition can increase lead absorption by the body. Many sources of lead...
United Nations Regular Budget Contributions: Members Compared, 1990-2010
The United States is the single largest contributor to the United Nations (U.N.) regular budget. As such, Members of the 113th Congress will likely continue to demonstrate an interest in the United States’ assessment level, the cost of the U.S. assessment each year, how U.S. contributions to the regular budget compare to those of other countries, and how assessment levels have changed over time.
This report provides the assessment level, actual payment, and total outstanding contributions for the United States and other selected U.N. member states from 1990 to 2010—the last year for which...
Extending the Temporary Payroll Tax Reduction: A Brief Description and Economic Analysis
Social Security is financed by payroll taxes, which are paid by covered workers and their employers. In the absence of a payroll tax reduction, employees and employers would each pay 6.2% of covered earnings, up to an annual limit, whereas self-employed individuals would pay 12.4% of net self-employment income, up to an annual limit.
In an effort to stimulate the economy, Congress, in December 2010, temporarily reduced the employee and self-employed shares by two points (to 4.2% for employees and 10.4% for the self-employed), with the Social Security trust funds “made whole” by a transfer...
Proposals to Reduce Federal Medicaid Expenditures
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 (LTSS). Medicaid is jointly financed by both the federal government and the states. The federal government’s share for most Medicaid expenditures is called the federal medical assistance percentage (FMAP), and under the FMAP, the federal government pays a larger portion of Medicaid costs in states with lower per capita incomes relative to the national average (and vice versa for states with higher per capita incomes).
Federal Medicaid...
The Presidential Inauguration: Basic Facts and Information
On January 20, 2013, President Barack Obama is to be sworn in for his second term. Because January 20 is on a Sunday, however, the ceremonial swearing-in and public inaugural ceremonies will take place on Monday, January 21, 2013.
This report responds to a variety of questions relating to the presidential inauguration: legislation concerning the inauguration; inauguration day as a federal holiday; the major costs of the 2009 inauguration; the expenditures of recent inaugural festivities (private funding only provided); historical facts on past presidential inaugurations; the various...
The Employee Free Choice Act (EFCA)
This report discusses legislative attempts to amend the National Labor Relations Act (NLRA) to allow for union certification without an election, based on signed employee authorizations. The Employee Free Choice Act (EFCA), introduced most recently as H.R. 1409 and S. 560 in the 111th Congress, would have allowed union certification based on signed authorizations, provided a process for the bargaining of an initial agreement, and prescribed new penalties for certain unfair labor practices. This report reviews the current process for selecting a bargaining representative under the NLRA and...
Economic Factors Affecting Small Business Lending and Loan Guarantees
Small businesses (usually defined as companies with 500 or fewer employees) are an important part of the nation’s economy. At various times during the business cycle, concern is voiced about the difficulties that small businesses have obtaining loans. There can be many reasons for periodic declines in small business lending over the business cycle: loan standards change, the quality of projects to be financed changes, and small businesses’ demand for loans fluctuates with anticipated customer demand.
Congress created the Small Business Administration (SBA) to assist small businesses in...
The Endangered Species Act (ESA) and Claims of Property Rights “Takings”
The federal Endangered Species Act (ESA) has long been one of the major flash points in debates over government interference with property rights. This report outlines the ESA provisions most relevant to the act’s impacts on private property and surveys the major ESA-relevant principles of Fifth Amendment takings law. The Takings Clause of the Fifth Amendment promises “just compensation” when government actions “take” property.
The report then summarizes the court decisions on whether particular government actions (or inaction) based on the ESA “take” private property under the Fifth...
Public, Educational, and Governmental (PEG) Access Cable Television Channels: Issues for Congress
The environment for public, educational, and governmental (PEG) cable channels has been roiled by public policy and budgetary changes at the federal, state, and local levels and by technological changes in cable networks. More than 100 PEG access centers—which provide community groups and individuals free access to video production facilities and equipment, training, and programming time—have closed since 2005, and more may close when provisions in recently enacted state laws that eliminate requirements for cable companies to provide funding support take effect. Many PEG access centers,...
Pages of the United States Congress: History and Program Administration
For more than 180 years, messengers known as pages have served the United States Congress. Pages must be high school juniors and at least 16 years of age. Several incumbent and former Members of Congress as well as other prominent Americans have served as congressional pages.
Senator Daniel Webster appointed the first Senate page in 1829. The first House pages began their service in 1842. Women were first appointed as pages in 1971.
In August 2011, House leaders announced the termination of that chamber’s page program.
Senate pages are appointed and sponsored by Senators for one academic...
The Jackson-Vanik Amendment and Candidate Countries for WTO Accession: Issues for Congress
Unconditional most-favored-nation (MFN) status, or in U.S. statutory parlance, normal trade relations (NTR) status, is a fundamental principle of the World Trade Organization (WTO). Under this principle, WTO members are required unconditionally to treat imports of goods and services from any WTO member no less favorably than they treat the imports of like goods and services from any other WTO member country. Under Title IV of the Trade Act of 1974, as amended, most communist or nonmarket-economy countries were denied MFN status unless they fulfilled freedom-of-emigration conditions as...
Computer-Related Occupations Under the Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) sets minimum standards for hourly wages, overtime pay, and child labor. The FLSA requires employers to pay covered employees at least $7.25 an hour and at least one-and-a-half times their regular hourly wage for hours worked over 40 hours a week at a given job. However, the FLSA includes a number of exemptions that exclude certain employees from the minimum wage and overtime standards of the act.
Section 13(a)(1) of the FLSA exempts from both the minimum wage and overtime pay standards of the act any person who is employed in a bona fide executive,...
Worker Adjustment and Retraining Notification (WARN) Act: A Primer
Enacted by the 100th Congress, the Worker Adjustment and Retraining Notification (WARN) Act requires qualified employers that intend to carry out plant closings or mass layoffs to provide 60 days’ notice to affected employees, states, and localities. The purpose of the notice to workers is to allow them to seek alternative employment, arrange for retraining, and otherwise adjust to employment loss. The purpose of notifying states and localities is to allow them to promptly provide services to the dislocated workers and otherwise prepare for changes in the local labor market.
The WARN Act...
Offshoring of Airline Maintenance: Implications for Domestic Jobs and Aviation Safety
Airlines outsource maintenance to countries like China and El Salvador to achieve cost savings from the comparatively lower wages and from lower costs to build and maintain repair facilities. In some cases, particularly in China, government investment and other incentives, along with backing from national airlines, have spurred rapid expansion of the foreign aircraft maintenance industry over the past decade. While airline maintenance work outsourced to foreign repair facilities has increased considerably over the past decade, there are no conclusive data indicating that this has directly...
Administrative Subpoenas in Criminal Investigations: A Sketch
Proponents refer to administrative subpoenas as a quick, efficient and relatively nonintrusive law enforcement tool. Opponents express concern that they pose a threat of unchecked invasions of privacy and evasions of the Fourth Amendment warrant and probable cause requirements.
The courts have determined that, as long as they are not executed in a manner reminiscent of a warrant, administrative subpoenas issued in aid of a criminal investigation must be judicially enforced if they satisfy statutory requirements and are not unreasonable by Fourth Amendment standards.
The Child Protection...
Carl D. Perkins Career and Technical Education Act of 2006: Implementation Issues
The Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Perkins IV; P.L. 109-270) supports the development of academic and career and technical skills among secondary education students and postsecondary education students who elect to enroll in career and technical education (CTE) programs, sometimes referred to as vocational education programs. Perkins IV was authorized through FY2012, which ended on September 30, 2012. The authorization is extended through FY2013 under the General Education Provisions Act. This report provides a summary of potential reauthorization...
The Sustainability of the Federal Budget Deficit: Market Confidence and Economic Effects
The budget deficit has exceeded $1 trillion since 2009. Combined with a shrinking economy, deficits increased the publicly held federal debt by over 30 percentage points of GDP between 2008 and 2012. Deficits of this size are not sustainable in the long run because the federal debt cannot indefinitely grow faster than output. Over time, a greater and greater share of national income would be devoted to servicing the debt, until eventually the government would be forced to finance the debt through money creation or default.
The current policy debate on the “fiscal cliff” occurring at the...
The Controlled Substances Act: Regulatory Requirements
This report highlights certain non-criminal regulatory requirements of the Controlled Substances Act (CSA). The CSA and its implementing regulations establish a framework through which the federal government regulates the use of controlled substances for legitimate medical, scientific, research, and industrial purposes, and prevents these substances from being diverted for illegal purposes. The CSA assigns various plants, drugs, and chemicals (such as narcotics, stimulants, depressants, hallucinogens, and anabolic steroids) to one of five schedules based on the substance’s medical use,...
Outside Employment, “Moonlighting,” by Federal Executive Branch Employees
Most federal employees in the executive branch of government are not subject to a broad, overall prohibition on so-called “moonlighting.” Rank-and-file employees of the government are generally free to take an additional, compensated job outside of their federal work, subject to certain specific “conflict of interest” limitations.
High-ranking officials of the government, on the other hand, may be prohibited from taking any outside compensated private job if they are presidential appointees, and may otherwise be limited in the type of outside employment and the amount of private...
Education for Homeless Children and Youth: Program Overview and Legislation
The Education for Homeless Children and Youth program (EHCY) provides formula grants to state educational agencies (SEAs) to help ensure that all homeless children and youth have equal access to the same free and appropriate public education, including public preschool education that is provided to other children and youth. It is the only federal education program exclusively focused on homeless children and youth. SEAs competitively subgrant funds to local educational agencies (LEAs). Not all LEAs receive EHCY grants. In school year (SY) 2010-2011, 3,651 LEAs, out of a total of 16,290,...
Federal Land Transaction Facilitation Act: Operation and Issues for Congress
The Federal Land Transaction Facilitation Act (FLTFA), which expired on July 25, 2011, provided for the sale or exchange of lands owned by the Bureau of Land Management (BLM) that have been identified for disposal under BLM’s land use plans. Most of the proceeds were to be used for land acquisition. The law’s goals included allowing for reconfiguration of land ownership patterns to better facilitate resource management, improving administrative efficiency, and increasing the effectiveness of the allocation of fiscal and human resources.
The authority to sell or exchange BLM lands under...
The 2010 Census: Count Question Resolution Program
As data products from the 2010 decennial census continue to be disseminated, officials of some jurisdictions and the Members who represent these jurisdictions in Congress may have questions about the accuracy of the census counts for their areas. The Bureau of the Census’s Count Question Resolution (CQR) Program offers local officials a means to challenge certain 2010 census figures on the basis of detailed mapping evidence that they present to the Census Bureau.
The Bureau announced the 2010 census CQR Program in a March 8, 2011, Federal Register notice and began accepting CQR challenges...
Lifeline Telephone Program: Frequently Asked Questions
The concept that all Americans should have affordable access to the telecommunications network, commonly called the “universal service concept,” can trace its origins back to the 1934 Communications Act. The preservation and advancement of universal service has remained a basic tenet of federal communications policy, and in the mid-1980s the Federal Communications Commission (FCC) established the Lifeline program to provide support for low-income subscribers. The Lifeline program, which is administered under the Universal Service Fund (USF) Low Income Program, was established by the FCC in...
Pacific Salmon and Steelhead Trout: Managing Under the Endangered Species Act
Along the Pacific Coast, 28 distinct population segments of Pacific salmon and steelhead trout are listed as either endangered or threatened under the Endangered Species Act (ESA), with three additional populations identified as “species of concern.” While no species of anadromous trout or salmon is in danger of near-term extinction, individual population segments within these species have declined substantially or have even been extirpated. The American Fisheries Society considers at least 214 Pacific Coast anadromous fish populations to be “at risk,” while at least 106 other historically...
Special Order Speeches and Other Forms of Non-Legislative Debate in the House
Rules in the House of Representatives can limit the time allowed for floor speeches and require debate to be germane to pending business. A series of unanimous consent practices have evolved that permit Members to address the House for specified durations and at specified times on subjects of their own choosing, outside the consideration of legislative business. The principal forms of such non-legislative debate are special order speeches, one-minute speeches, and morning hour debates.
Entitlements and Appropriated Entitlements in the Federal Budget Process
Entitlements are programs that require payments to persons, state or local governments, or other entities if specific eligibility criteria established in the authorizing law are met. Entitlement payments are legal obligations of the federal government, and eligible beneficiaries may have legal recourse if full payment under the law is not provided. This report provides a brief explanation of spending for entitlements, including so-called appropriated entitlements, and discusses the procedural and statutory constraints on legislation affecting such entitlement spending.
Basic Federal Budgeting Terminology
In its most elemental form, the federal budget is a comprehensive accounting of the government’s spending, revenues, and borrowing. This report provides a brief overview of the basic terminology and concepts used in the federal budget process.
Membership of the 112th Congress: A Profile
Report that presents a profile of the membership of the 112th Congress (2011-2012). 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.
Baselines and Scorekeeping in the Federal Budget Process
Baselines and scorekeeping are an integral part of the federal budget process, providing lawmakers with a framework for making and enforcing budgetary decisions. The existing-law baseline, currently used by Congress, is a projection of federal spending, revenue, and the deficit (or surplus) that would occur if existing law were left unchanged. The baseline serves as a benchmark for federal budget decisions. Scorekeeping is the process by which the budgetary impact of proposed and enacted budget policies is measured; it assists Congress in making and enforcing budgetary decisions. This...
Federal Civil Rights Statutes: A Primer
Under federal law, an array of civil rights statutes is available to protect individuals from discrimination. This report provides a brief summary of selected federal civil rights statutes, including the Civil Rights Act, the Equal Pay Act, the Voting Rights Act, the Age Discrimination in Employment Act, the Fair Housing Act, Title IX of the Education Amendments of 1972, the Rehabilitation Act, the Equal Credit Opportunity Act, the Equal Educational Opportunities Act, the Age Discrimination Act, the Civil Service Reform Act, the Immigration and Nationality Act, the Americans with...
House Legislative Procedures: Published Sources of Information
The House of Representatives has published information about its current procedures in three primary sources: a House manual, a book on House procedure written for everyday use, and a set of House precedents. The predecessors to these compilations also remain valuable for some purposes. These documents can enable Members and staff to study the House’s rules and precedents and to gauge how they are likely to apply in various circumstances.
Congressional Redistricting: An Overview
The decennial apportionment process determines the number of seats in the House of Representatives for which each state qualifies, based on population counts (for more on the apportionment process, see CRS Report R41357, The U.S. House of Representatives Apportionment Formula in Theory and Practice, by Royce Crocker). The redistricting process determines where those seats are geographically located within each state. Apportionment allocates the seats by state, while redistricting draws the maps.
Redistricting is a state process governed by federal law. Much of this law is judicially...
Air Quality: EPA’s 2012 Proposed Changes to the Particulate Matter (PM) Standard
On June 29, 2012, the Environmental Protection Agency (EPA) published a proposal to revise the National Ambient Air Quality Standard (NAAQS) under the Clean Air Act (CAA) for particulate matter (PM), in response to a June 6, 2012, order issued by the U.S. Court of Appeals for the District of Columbia Circuit. Environmental and public health advocacy groups and 11 states had petitioned the agency, and subsequently filed suit in the D.C. Circuit alleging that EPA failed to perform its mandated duty to complete the review of the PM NAAQS within the statutory deadline. EPA has agreed to issue...
Nutrition Labeling of Restaurant Menus
Rising rates of obesity and the resulting effects on citizens’ health and health care costs have prompted federal, state, and local policymakers to consider a number of policy options to reduce obesity levels in the United States, such as exercise promotion, nutrition education, and taxation of certain foods. Labeling of the nutritional content of foods purchased and consumed outside the home has been recommended by researchers and policymakers as one tool to address rising obesity rates.
The Federal Food, Drug, and Cosmetic Act (FFDCA, P.L. 75-717, as amended) authorizes the Food and...
Update on Controlling Greenhouse Gases from International Aviation
EU ETS international aviation greenhouse gases GHG carbon dioxide CO2 S. 1956 emissions trading International Civil Aviation Organization ICAO UNFCCC European Union climate change global warming international flights Airlines for America A4A China cap-and-trade market-based incentives market-based mechanisms emissions control
The President-Elect: Succession and Disability Issues During the Transition Period
Presidential transition is usually defined as the period and process that take place when one President prepares to leave office, due to retirement or failure to win reelection, and a successor prepares for inauguration. In modern times, the transition period begins immediately after the general election, which is held on Tuesday after the first Monday in November of every presidential election year, and concludes on the following January 20, when the new chief executive is sworn in. For the purposes of this report, the preceding period, which begins with the national party nominating...
Congressional Staff: Duties and Functions of Selected Positions
The United States Congress conducts several types of activities for which it employs staff. These activities include assisting Members in official responsibilities in personal, committee, leadership, or administrative office settings. Congressional career tracks generally mirror common stages of other professional careers, but with adaptations to the congressional workplace. These adaptations include relatively short career ladders on which staff may acquire substantial responsibilities in a relatively short period of time, and close support of a Member’s legislative and representational...
Hurricane Sandy and the 2012 Election: Fact Sheet
Report examining what actions the federal government might take to respond to Hurricane Sandy's impact on the November 6, 2012, election.
Mayo v. Prometheus: Implications for Patents, Biotechnology, and Personalized Medicine
The recent enactment of the Leahy-Smith America Invents Act (AIA), P.L. 112-29, suggests congressional interest in patents on diagnostic methods. In particular, Section 27 of the AIA required the U.S. Patent and Trademark Office to conduct a study on the patenting of genetic diagnostic tests. The 2012 decision of the Supreme Court in Mayo Collaborative Services v. Prometheus Laboratories, Inc. also addressed these sorts of patents. The Court’s decision arguably placed severe limitations on the ability of inventors to obtain diagnostic method patents.
Some observers have welcomed Mayo v....
Federal Crop Insurance for Specialty Crops: Background and Legislative Proposals
The federal crop insurance program provides farmers with risk management tools to address crop yield and/or revenue losses on their farms. Farmers can purchase subsidized policies that pay an indemnity when their production or revenue falls below a guaranteed level.
Historically, the federal crop insurance program primarily has covered traditional farm program crops such as wheat, corn, and soybeans. However, the crop insurance program has expanded in recent decades, and policies are available now for a wide range of commodities, including specialty crops such as fruits and vegetables. In...
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Title VII, Derivatives
The financial crisis implicated the over-the-counter (OTC) derivatives market as a major source of systemic risk. A number of firms used derivatives to construct highly leveraged speculative positions, which generated enormous losses that threatened to bankrupt not only the firms themselves but also their creditors and trading partners. Hundreds of billions of dollars in government credit were needed to prevent such losses from cascading throughout the system. AIG was the best-known example, but by no means the only one.
Equally troublesome was the fact that the OTC market depended on the...
Federal Involvement in Flood Response and Flood Infrastructure Repair: Hurricane Sandy Recovery
Hurricane Sandy was a reminder that the United States is vulnerable to significant weather hazards, and that infrequent but intense flood events can cause significant damage and disruption. In addition to wind damages and electricity disruptions, the storm’s surge damaged property and infrastructure in coastal and inlet areas, while the storm’s rains and snowmelt swelled rivers and creeks. These impacts contributed to public safety concerns and private and public property loss. Although the storm was not notable for its wind intensity, Sandy’s significant size, its unusually low...
Under Title IV-E of the Social Security Act, states, territories, and tribes are entitled to claim partial federal reimbursement for the cost of providing foster care, adoption assistance, and kinship guardianship assistance to children who meet federal eligibility criteria. The Title IV-E program, as it is commonly called, provides support for monthly payments on behalf of eligible children, as well as funds for related case management activities, training, data collection, and other costs of program administration. In FY2011, states (including the 50 states and the District of Columbia)...
President of the United States: Compensation
The Constitution of the United States provides that “The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected.... ” (Constitution of the United States, Article II, Section 1.) The amount of compensation, which is not specified in the Constitution, is set and adjusted by Congress. The President currently receives a salary of $400,000 per annum, which became effective at noon on January 20, 2001, under P.L. 106-58. (P.L. 106-58, Title VI, §644(a); September 29, 1999;...
This memorandum provides information on federal spending for programs explicitly intended for people with low or limited income.
This report provides an overview of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). ECPA consists of three parts. The first, often referred to as Title III, outlaws wiretapping and electronic eavesdropping, except as otherwise provided. The second, the Stored Communications Act, governs the privacy of, and government access to, the content of electronic communications and to related records. The third outlaws the use and installation of pen registers and of trap and trace devices, unless judicially approved for law enforcement or...
Privacy: An Abridged Overview of the Electronic Communications Privacy Act
This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA).
It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given his prior consent. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. Violations can result in imprisonment for not more than five years; fines up to $250,000 (up to $500,000 for organizations); civil liability...
Churches and Campaign Activity: Analysis Under Tax and Campaign Finance Laws
As the 2012 election cycle heats up, there are allegations that some houses of worship have engaged in impermissible activities. Under the Internal Revenue Code (IRC), churches and other houses of worship with tax-exempt 501(c)(3) status may not participate in campaign activity. They are permitted under the tax laws to engage in other activities that are political in nature (e.g., distribute voter guides and invite candidates to speak at church functions) so long as the activity does not support or oppose a candidate. Additionally, religious leaders may engage in campaign activity in their...
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 2004-2011
This report provides background data on U.S. arms sales agreements with and deliveries to its major purchasers during calendar years 2004-2011, made through the U.S. Foreign Military Sales (FMS) program. In a series of data tables, it lists the total dollar values of U.S. government-to-government arms sales agreements with its top five purchasers, and the total dollar values of U.S. arms deliveries to those purchasers, in five specific regions of the world for three specific periods: 2004-2007, 2008-2011, and 2011 alone. In addition, the report provides data tables listing the total dollar...
In recent years, a recurring subject of debate in the Senate has been the length of time taken for lower court nominations to receive Senate confirmation. During the 111th and 112th Congresses, this debate has focused, in part, on President Obama’s uncontroversial nominees to U.S. circuit and district court judgeships—and on whether, or to what extent, such nominees have waited longer to receive Senate confirmation than the uncontroversial judicial nominees of other recent Presidents.
To more fully inform this debate, the following report provides a statistical overview, from Presidents...
The Tobacco Control Act’s Ban of Clove Cigarettes and the WTO: A Detailed Analysis
In 2009, Congress passed the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), which banned the sale of all flavored cigarettes, except menthol cigarettes, in Section 907(a)(1)(A). Indonesia, a major producer of clove cigarettes, challenged the Tobacco Control Act’s ban on non-menthol flavored cigarettes before a World Trade Organization (WTO) panel, claiming, among other things, that it violated Articles 2.1 and 2.2 of the Agreement on Technical Barriers to Trade (TBT Agreement). Article 2.1 requires WTO members to ensure that domestic regulations setting forth...
Prospects for Democracy in Hong Kong: Results of the 2012 Elections
Hong Kong selected a new Chief Executive and Legislative Council (Legco) in March and September of 2012, respectively. Both elections delivered surprising results for different reasons. The eventual selection of Leung Chu-ying (CY Leung) as Chief Executive came after presumed front-runner Henry Tang Ying-yen ran into a series of personal scandals. The Legco election results surprised many as several of the traditional parties fared poorly while several new parties emerged victorious.
The 2012 elections in Hong Kong are important for the city’s future prospect for democratic reforms...
Whistleblower Protections Under Federal Law: An Overview
Legal protections for employees who report illegal misconduct by their employers have increased dramatically since the late 1970s when such protections were first adopted for federal employees in the Civil Service Reform Act of 1978. Since that time, with the enactment of the Whistleblower Protection Act of 1989, Congress has expanded such protections for federal employees. Congress has also established whistleblower protections for individuals in certain private-sector employment through the adoption of whistleblower provisions in at least 18 federal statutes. Among these statutes are the...
The Unemployment Trust Fund and Reed Act Distributions
Under the Federal Unemployment Tax Act (FUTA; P.L. 76-379), the federal unemployment tax on employers finances the states’ administrative costs of Unemployment Compensation (UC) and loans to states with insolvent UC programs. The extended benefits program is funded 50% by the federal government and 50% by the states, but the 2009 stimulus package (P.L. 111-5 §2005) as amended temporarily provides for 100% federal funding of this program through December 31, 2012.
FUTA tax revenues are placed into the Unemployment Trust Fund (UTF) that—among its many accounts—contains three federal accounts...
The bursting of the housing bubble in 2006 precipitated the December 2007-June 2009 recession and a financial panic in September 2008. With the housing market seen as a locus for many of the economic problems that emerged, some Members of Congress propose intervening in the housing market as a means of improving not only the housing market itself but also the financial sector and the broader economy. Critics are concerned that further intervention could prolong the housing slump, delay recovery, and affect outcomes based on the government’s preferences. One frequently discussed proposal...
The National Labor Relations Act: Background and Selected Topics
The National Labor Relations Act (NLRA or “the Act”) recognizes the right of employees to engage in collective bargaining through representatives of their own choosing. By “encouraging the practice and procedure of collective bargaining,” the Act attempts to mitigate and eliminate labor-related obstructions to the free flow of commerce. Although union membership has declined dramatically since the 1950s, congressional interest in the NLRA remains significant. In the 112th Congress, over 30 bills have been introduced to amend the NLRA. Some of these bills address the timing of union...
TARP Assistance for Chrysler: Restructuring and Repayment Issues
The recent recession and accompanying credit crisis posed severe challenges for all automakers, but especially for General Motors and Chrysler. Executives of both companies testified before congressional committees in the fall of 2008 requesting federal bridge loans. Legislation that would have provided such financial assistance passed the House of Representatives but did not pass the Senate. In lieu of that assistance, the Bush Administration turned to the Troubled Asset Relief Program (TARP), a $700 billion program that was enacted in October 2008 to shore up the financial system and...
Political Ads: Issue Advocacy or Campaign Activity Under the Tax Code?
Television and radio airwaves are inundated with political ads right now, and their numbers will only increase as the November 2012 elections get closer. Some ads expressly tell viewers or listeners which candidate to vote for or against. Others take a different approach. These ads typically urge people to contact an elected official, who also happens to be a candidate in the upcoming election, and tell him/her to support an issue or piece of legislation. Sometimes they do not even mention any candidate/officeholder by name, yet some still feel political in nature.
The question of whether...
Internet Firearm and Ammunition Sales
As the Internet has become a significant venue for facilitating commercial transactions, concerns have arisen regarding the use of this medium to transfer firearms. This report discusses the sale of firearms and ammunition over the Internet, with a focus on the extent to which federal law regulates such activity. A review of the relevant factors indicates Internet-based firearm transactions are subject to the same regulatory scheme governing traditional firearm transactions. Over the years, this has raised concern about the possibility of increased violation of federal firearm laws, as...
Why Some Fuel-Efficient Vehicles Are Not Sold Domestically
diesel vehicles, EPA, greenhouse gas emissions, Volkswagen, Ford, fuel efficiency, miles per gallon, automobiles
Child Custody and Support: Frequently Asked Questions
Under the U.S. Constitution, Congress has little direct authority to legislate in the field of domestic relations. Generally, state policy guides these decisions. Despite the lack of direct authority to legislate domestic relations issues, Congress continues to enact federal laws that indirectly affect family law questions concerning child custody and support. This report answers questions frequently asked regarding the interplay between federal and state laws governing these areas.
In some jurisdictions, it is unethical for an attorney to secretly record a conversation even though it is not illegal to do so. A few states require the consent of all parties to a conversation before it may be recorded. Recording without mutual consent is both illegal and unethical in those jurisdictions. Elsewhere the issue is more complicated.
In 1974, the American Bar Association (ABA) opined that surreptitiously recording a conversation without the knowledge or consent of all of the participants violated the ethical prohibition against engaging in conduct involving “dishonesty,...
In some jurisdictions, it is unethical for an attorney to secretly record a conversation even though it is not illegal to do so. A few states require the consent of all parties to a conversation before it may be recorded. Recording without mutual consent is both illegal and unethical in those jurisdictions. Elsewhere the matter is more uncertain.
In 1974, the American Bar Association (ABA) opined that surreptitiously recording a conversation without the knowledge or consent of all of the participants violated the ethical prohibition against engaging in conduct involving “dishonesty, fraud,...
Disposal of Unneeded Federal Buildings: Legislative Proposals in the 112th Congress
Federal executive branch agencies hold an extensive real property portfolio that includes approximately 399,000 buildings. These assets have been acquired over a period of decades to help agencies fulfill their diverse missions. Agencies hold buildings with a range of uses, including offices, health clinics, warehouses, and laboratories. As agencies’ missions change over time, so, too, do their real property needs, thereby rendering some assets less useful or unneeded altogether. Healthcare provided by the Department of Veterans Affairs (VA), for example, has shifted in recent decades from...
Executive Compensation at the U. S. Postal Service: Issues for the 112th Congress
Media reports and some Members of Congress have expressed concerns that the pay of U.S. Postal Service (USPS) executives is too high and should be reduced. USPS and others have argued that current compensation rates are needed to attract talented employees to a Postal Service that delivers mail and packages to homes and businesses throughout the United States without taxpayer assistance.
The 112th Congress has taken action on two bills that would limit USPS executive compensation or benefits. S. 1789 would remove certain “fringe benefits” and cap pay at Level I of the Executive Schedule...
LIBOR: Frequently Asked Questions
The London Interbank Offer Rate (LIBOR) is an estimate of prevailing interest rates in London money markets. Barclays, a British bank that serves on the panel responding to the LIBOR survey, recently admitted submitting false responses to manipulate the index (and attempting to manipulate a similar index, the Euro Interbank Offer Rate [EURIBOR]). The Commodity Futures Trading Commission (CFTC) and the U.S. Department of Justice (DOJ) reached settlements with Barclays in which the bank agreed to admit fault and pay a large fine.
This report answers several frequently asked questions.
How...
Postal Service: Collective Bargaining
This report describes the scope of the collective bargaining authority that Congress has granted to the Postal Service and authority of Congress to modify employee-management relations by altering that scope or the terms of collective bargaining agreements. It also summarizes some provisions—H.R. 2309, the Postal Reform Act of 2011, and S. 1789, the 21st Century Postal Service Act of 2012, both of the 112th Congress—that relate to collective bargaining.
This report will be updated to reflect changes in relevant developments.
An Analysis of Charitable Giving and Donor Advised Funds
Congress has long been concerned with ensuring that contributions for which tax deductions are claimed directly benefit charitable activities. Private foundations, a traditional arrangement that allows donations to non-active charitable entities, typically pay grants out of earnings on donated assets. Another arrangement that is growing rapidly is the donor advised fund (DAF). A taxpayer contributes to a DAF, taking a tax deduction. The fund sponsor makes grants to active charities, advised by the donor. Unlike private foundations, DAFs are not required to pay out a certain proportion of...
U.S. Postal Service: Background and Analysis of H.R. 2309 and S. 1789 in the 112th Congress
Since FY2007, the U.S. Postal Service (USPS) has lost more than $25 billion. Were it not for congressional action to reduce and defer statutorily required retiree health benefits, the USPS would have lost an additional $9.5 billion. As the USPS’s finances have deteriorated, its ability to absorb operating losses has been diminished. The USPS’s current debt is $13 billion, $2 billion below its maximum statutory borrowing authority. The agency owes $11.1 billion in payments to the Retiree Health Benefits Fund by September 20, 2012, and it currently has less than $1 billion in cash. These...
Federal Advisory Committees: An Overview
Federal advisory committees—which may be designated as commissions, councils, or task forces—are created as provisional advisory bodies to collect viewpoints on various policy issues. Advisory bodies have been created to address a host of issues and can help the government manage and solve complex or divisive issues. Congress, the President, or an agency head may create a federal advisory committee to render independent advice or make policy recommendations to various federal agencies or departments.
In 1972, Congress enacted the Federal Advisory Committee Act (FACA; 5 U.S.C....
On April 24, 2012, the House and Senate began the conference process to reconcile legislation passed in both houses that would extend authorization for Department of Transportation programs. Title V in the House-passed legislation (H.R. 4348), Highway and Infrastructure Safety Through the Protection of Coal Combustion Residual Recycling, would amend the Resource Conservation and Recovery Act (RCRA) to add Section 4011. Largely identical to the Coal Residuals Reuse and Management Act passed in the House (H.R. 2273) and introduced in the Senate (S. 1751), the proposed Section 4011 would...
Veterans Affairs: Historical Budget Authority, FY1940-FY2012
Budget authority—the amount of money a federal department or agency can spend or obligate to spend by law—for veterans’ benefits and services has increased significantly since FY1940. In FY1940, the budget authority for veterans’ benefits and services was $561.1 million, and in FY2012 the budget authority was $125.3 billion, or more than 200 times the FY1940 budget authority. In constant 2011 dollars (i.e., inflation-adjusted), the FY2012 budget authority is 14 times the FY1940 budget authority. The increases over time have reflected the impact of increases in the number of veterans as the...
Health Care Flexible Spending Accounts
Health care Flexible Spending Accounts (FSAs) are benefit plans established by employers to reimburse employees for health care expenses such as deductibles and copayments. FSAs are usually funded by employees through salary reduction agreements, although employers are permitted to contribute as well. The contributions to and withdrawals from FSAs are tax-exempt.
Historically, health care FSA contributions were forfeited if not used by the end of the year. However, in 2005, the Internal Revenue Service (IRS) formally determined that employers may extend the deadline for using unspent...
The 3.8% Medicare Contribution Tax on Unearned Income, Including Real Estate Transactions
The Health Care and Education Reconciliation Act of 2010 (HCERA, P.L. 111-152) contains a provision that will subject certain individuals to a 3.8% “unearned income Medicare contribution” tax beginning in 2013. The tax has been labeled by some as a “home sales tax” or “real estate tax.” The tax, however, is not exclusively limited to real estate transactions. Additionally, contrary to some reports, the tax does not apply to all real estate transactions. Some taxpayers that dispose of real estate may be exempt from the tax either because of income limitations or because of an exclusion...
Presidential Travel: Policy and Costs
For security and other reasons, the President, Vice President, and First Lady use military aircraft when they travel. The White House generally categorizes the trips as fulfilling either official or political functions. Often, a trip involves both official and political, or unofficial, activities. When a trip is for an official function, the government pays all costs, including per diem (food and lodging), car rentals, and other incidental expenses. When a trip is for political or unofficial purposes, those involved must pay for their own food and lodging and other related expenses, and...
Clarifying the Concept of “Partnership” in National Security: In Brief
Over the last few years, the term partnership has spread like wildfire through official U.S. national security guidance documents and rhetoric. At the Department of Defense (DOD), which spearheaded the proliferation of the use of the term, partnership has been used to refer to a broad array of civilian as well as military activities in support of national security. At other U.S. government agencies, and at the White House, the use of the term partnership has been echoed and applied even more broadlynot only in the national security arena, but also to all facets of U.S. relationships with...
Reconciliation Directives: Components and Enforcement
The purpose of the reconciliation process is to enhance Congress’s ability to bring existing spending, revenue, and debt-limit laws into compliance with current fiscal priorities established in the annual budget resolution. When Congress adopts a budget resolution, it is agreeing upon its budgetary goals for the upcoming fiscal year. In some cases, for these goals to be achieved, Congress must pass legislation that alters current revenue, direct spending, or debt-limit laws. Reconciliation instructions are the means by which Congress can establish the roles that specific committees will...
Issues and Challenges for Federal Geospatial Information
Congress has recognized the challenge of coordinating and sharing geospatial data from the local, county, and state level to the national level, and vice versa. The cost to the federal government of gathering and coordinating geospatial information has also been an ongoing concern. As much as 80% of government information has a geospatial component, according to various sources. The federal government’s role has changed from being a primary provider of authoritative geospatial information to coordinating and managing geospatial data and facilitating partnerships. Congress explored issues...
State laws that require parental involvement in a pregnant minor’s abortion decision have gained greater visibility in light of recent attempts by Congress to criminalize the interstate transport of a minor to obtain an abortion. At least forty-four states have enacted statutes that require a minor to seek either parental notification or parental consent before obtaining an abortion. This report discusses the validity of state parental involvement laws in the context of Planned Parenthood of Southeastern Pennsylvania v. Casey, Ayotte v. Planned Parenthood of Northern New England, and other...
Members of Congress Who Die in Office: Historic and Current Practices
Since 1973, 84 Members of Congress—69 Representatives and 15 Senators—have died in office. When a sitting Member dies, the House and Senate carry out a number of actions based on chamber rules, statutes, and long-standing practices. Some observances, such as adjourning briefly as a mark of respect to the deceased, appointing Member delegations to attend funerals of deceased colleagues, or paying the costs of a funeral from public funds, were initially observed in the earliest Congresses, or predate the national legislature established under the Constitution. It appears that contemporary...
Subsidy Cost of Federal Credit: Cost to the Government or Fair Value Cost?
Since the mid-1980s, budget experts have debated whether the best method of measuring the subsidy cost of federal credit (direct loans and loan guarantees) is the cost to the government or the fair value cost. The cost to the government would reflect the actual budget cost measured by discounting of expected cash flows associated with each program at the interest rate on risk-free Treasury securities. The measure of the cost to the government would place the cost of federal credit on the same basis as a grant or a tax expenditure; consequently, policymakers would have an incentive to use...
Legal Issues Regarding Census Data for Reapportionment and Redistricting
This report provides an overview of selected issues regarding census data that have arisen during recent decennial censuses, including use of sampling or other estimation techniques and counting U.S. citizens residing abroad. The Constitution requires that state representation in the House of Representatives be based on a population census conducted at least once every 10 years. The Constitution does not expressly require use of official federal decennial census data for intrastate redistricting, but courts have found that states must use the best data available, which may or may not be...
Federal Depository Library Program: Issues for Congress
Congress established the Federal Depository Library Program (FDLP) to provide free public access to federal government information. The program’s origins date to 1813; the current structure of the program was established in 1962 and is overseen by the Government Printing Office (GPO). Access to government information is provided through a network of depository libraries across the United States. In the past half-century, information creation, distribution, retention, and preservation has expanded from a tangible, paper-based process to include digital processes managed largely through...
Prosecution of Public Corruption: An Abridged Overview of Amendments Under H.R. 2572 and S. 2038
The House Judiciary Committee has approved an amended version of the Clean Up Government Act (H.R. 2572). The Senate has passed nearly identical provisions as Title II of the Stop Trading on Congressional Knowledge Act (STOCK Act; S. 2038). Title II, however, was dropped from the bill prior to its enactment as P.L. 112-105, 126 Stat. 291 (2012). Among other things, Title II and H.R. 2572 would each:
Expand the scope of federal mail and wire fraud statutes to reach undisclosed self-dealing by public officials—in response to Skilling.
Amend the definition of official act for bribery...
Data Security Breach Notification Laws
A data security breach occurs when there is a loss or theft of, or other unauthorized access to, sensitive personally identifiable information that could result in the potential compromise of the confidentiality or integrity of data. Forty-six states, the District of Columbia, Puerto Rico, and the Virgin Islands have laws requiring notification of security breaches involving personal information. Federal statutes, regulations, and a memorandum for federal departments and agencies require certain sectors (healthcare, financial, federal public sector, and the Department of Veterans Affairs)...
Unlawful Internet Gambling Enforcement Act (UIGEA) and Its Implementing Regulations
The Unlawful Internet Gambling Enforcement Act (UIGEA) seeks to cut off the flow of revenue to unlawful Internet gambling businesses. It outlaws receipt of checks, credit card charges, electronic funds transfers, and the like by such businesses. It also enlists the assistance of banks, credit card issuers and other payment system participants to help stem the flow of funds to unlawful Internet gambling businesses. To that end, it authorizes the Treasury Department and the Federal Reserve System (the Agencies), in consultation with the Justice Department, to promulgate implementing...
Indian Gaming: Legal Background and the Indian Gaming Regulatory Act (IGRA)
In the 1980s, a number of Indian tribes developed high-stakes bingo and other gaming operations to raise non-federal revenue to fund their governments. In 1988, after the Supreme Court held, in California v. Cabazon Band of Mission Indians, that federal and tribal interests in Indian gaming preempted state law such that state regulation of gaming did not apply to tribal gaming operations on tribal land, Congress passed the Indian Gaming Regulatory Act (IGRA). IGRA provides a statutory basis for Indian tribes to conduct gaming on “Indian lands” and establishes a regime for regulating Indian...
Selected Federal Data Security Breach Legislation
The protection of data, particularly data that can be used to identify individuals, has become an issue of great concern to Congress. There is no comprehensive federal law governing the protection of data held by private actors. Only those entities covered by the Gramm-Leach-Bliley Act, 15 U.S.C. §§6801-6809, (certain financial institutions) and the Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. §1320d et seq., and amendments to HIPAA contained in the Health Information Technology for Economic and Clinical Health Act (HITECH Act), P.L. 111-5, (certain health care...
Section 404 of the Sarbanes-Oxley Act of 2002 requires the Securities and Exchange Commission (SEC) to issue rules requiring annual reports filed by reporting issuers to state the responsibility of management for establishing and maintaining an adequate internal control structure and procedures for financial reporting and for each accounting firm auditing the issuer’s annual report to attest to the assessment made of the internal accounting procedures made by the issuer’s management. There have been criticisms that this provision is overly burdensome and costly for small and medium-sized...
Crowdfunding refers to the financing of an activity through the collective cooperation of people who pool their money or other resources, sometimes through a networking site on the Internet. Common goals of crowdfunding involve such activities as disaster relief, political campaigns, and investing. In the investment area, crowdfunding may involve relatively small individual monetary contributions from a group of investors in order to meet a specific goal. Crowdfunding in the investment area received increased attention in the 112th Congress, resulting with the passage of the Jumpstart Our...
The Emergency Planning and Community Right-to-Know Act (EPCRA): A Summary
This report summarizes the Emergency Planning and Community Right-to-Know Act (EPCRA) and the major regulatory programs that mandate reporting by industrial facilities of releases of potentially hazardous chemicals to the environment, as well as local planning to respond in the event of significant, accidental releases. The text is excerpted, with minor modifications, from the corresponding chapter of CRS Report RL30798, Environmental Laws: Summaries of Major Statutes Administered by the Environmental Protection Agency, coordinated by David M. Bearden, which summarizes major environmental...
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Executive Compensation
As part of their financial regulatory reform legislation, both the House and the Senate passed bills with provisions applying to executive compensation. The House- and Senate-passed executive compensation provisions differed, in some cases significantly.
The House and Senate conferees on Wall Street reform passed an executive compensation subtitle. On June 30, 2010, the House agreed to the conference report for H.R. 4173, now referred to as the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). The Senate agreed to the conference report on July 15, 2010. The President...
Burma’s April Parliamentary By-Elections
The Republic of the Union of Myanmar (Burma) held parliamentary by-elections on April 1, 2012. According to the official results announced by Union Election Commission (UEC), the National League for Democracy (NLD) won all but two of the 45 seats, including NLD Chair Aung San Suu Kyi winning a seat in the lower house of Burma’s national parliament. Depending its assessment of the conduct of the election and the official election results, the Obama Administration may seek to alter policy towards Burma, possibly including the waiver or removal of some current sanctions. Such a shift may...
U.S. National Science Foundation: Major Research Equipment and Facility Construction
The Major Research Equipment and Facilities Construction (MREFC) account of the National Science Foundation (NSF) supports the acquisition and construction of major research facilities and equipment that are to extend the boundaries of science, engineering, and technology. The facilities include telescopes, earth simulators, astronomical observatories, and mobile research platforms. Currently, the NSF provides approximately $1.0 billion annually in support of facilities and other infrastructure projects. While the NSF does not directly design or operate research facilities, it does have...
FY2013 Budget Documents: Internet and GPO Availability
This report provides brief descriptions of the budget volumes and related documents, together with Internet addresses, Government Printing Office (GPO) stock numbers, and prices for obtaining print copies of these publications. It also explains how to find the locations of government depository libraries, which can provide both printed copies for reference use and Internet access to the online versions.
Asset Distribution of Taxable Estates: An Analysis
This report provides data on the distribution of assets in estates as reported on estate tax returns filed in 2009 and 2010. The data for 2010 are unique, as the estate tax was repealed for those who died in calendar year 2010. Thus, the 2010 data are presented as an appendix to this report. Based on the 2009 data, this report finds that farm and business assets represent a small share of the total value of taxable estates that filed tax returns in 2009 (3.25% and 13.86%, respectively). That share is concentrated in estates valued over $10 million. For an overview of the estate tax, see...
A Separate Consumer Price Index for the Elderly?
The federal government, in an effort to protect the purchasing power of Social Security beneficiaries, indexes benefits to increases in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Concern has periodically been expressed that the CPI-W may understate the impact of inflation on the elderly population and that it therefore may not be the most appropriate measure of inflation’s impact on the elderly.
At the behest of Congress, the U.S. Bureau of Labor Statistics (BLS) developed an experimental price index to track changes in the cost of living for the...
Taxing Large Pass-Throughs As Corporations: How Many Firms Would Be Affected?
Several lawmakers and the Obama Administration have expressed interest in taxing large partnerships and S corporations, also known as pass-throughs, as corporations. Part of this interest appears to be related to deficit and debt concerns. Pass-throughs may be a source of revenue since they currently account for over half of all business income but generally pay no corporate tax. Additionally, there is a growing concern that the current business tax environment may be inequitable and inefficient. Today, two business that are otherwise identical except that one is a corporation and the...
The Davis-Bacon Act and Changes in Prevailing Wage Rates, 2000 to 2008
The Davis-Bacon Act requires employers to pay workers at least the locally prevailing wage and fringe benefits on federal construction projects of more than $2,000. These wages and benefits are the minimum that employers must pay workers. In order to hire and retain workers, employers may pay more than the minimum amounts. Issues for Congress include the effect of the Davis-Bacon Act on labor costs in federal construction and the earnings of construction workers and their families. Other concerns include the administration and enforcement of the act.
The U.S. Department of Labor (DOL)...
Selected Agency Budget Justifications for FY2013
This report provides a convenient listing of online FY2013 agency budget justification submissions for all 15 executive branch departments and 9 selected independent agencies.
On March 20, 2012, House Budget Committee Chairman Paul Ryan released the Chairman’s mark of the FY2013 House budget resolution together with his report entitled “The Path to Prosperity: A Blueprint for American Renewal,” which outlines his budgetary objectives. On the same day, CBO issued an analysis of the long-term budgetary impact of Chairman Ryan’s budget proposal based on specifications provided by House Budget Committee staff. The House Budget Committee considered and amended the Chairman’s mark on March 21, 2012, and voted to report the budget resolution to the full House....
The Americans with Disabilities Act (ADA): Movie Captioning and Video Description
The Americans with Disabilities Act (ADA) is a broad civil rights statute prohibiting discrimination against individuals with disabilities. Title III of the ADA prohibits discrimination by public accommodations, which are defined to include movie theaters, but the statute does not include specific language on closed captioning or video description. Although the Department of Justice (DOJ) has promulgated regulations under Title III, it has not specifically addressed issues regarding closed captioning or video description. However, DOJ has issued an advance notice of proposed rulemaking...
The Americans with Disabilities Act (ADA): Application to the Internet
The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection in employment, public services, public accommodations and services operated by private entities, transportation, and telecommunications for individuals with disabilities. As stated in the act, its purpose is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.”
However, the ADA, enacted on July 26, 1990, prior to widespread use of the Internet, does not specifically cover the Internet, and the issue of coverage has not been...
On March 21, 2012, the Supreme Court resolved a long-simmering issue of federal environmental enforcement. The issue in Sackett v. Environmental Protection Agency involved the “administrative compliance order” (ACO), frequently used by the Environmental Protection Agency (EPA) to enforce statutes it administers. The Court held that the Administrative Procedure Act makes available “pre-enforcement review” of ACOs under Section 404 of the Clean Water Act (CWA), which establishes the federal wetlands permitting program. Recipients of Section 404 ACOs no longer have to wait, while penalties...
Federal Statutes: What They Are and Where to Find Them
This report provides a brief overview of federal statutes and where to find them, both in print and on the Internet. When Congress passes a law, it may amend or repeal earlier enactments or it may create new law. Newly enacted laws are published chronologically, first as separate statutes in “slip law” form and later cumulatively in a series of volumes known as the Statutes at Large. Statutes are numbered by order of enactment either as public laws or, far less frequently, private laws, dep