CRS Reports

U.S. Renewable Electricity: How Does the Production Tax Credit (PTC) Impact Wind Markets?

This report discusses the use of wind as a power source, including: production tax credits (PTC), U.S. electricity demand growth, and the price of natural gas. Issues for Congress include whether or not the PTC will be extended.

Jun 20, 2012

Sugar Program Proposals for the 2012 Farm Bill

Jun 19, 2012

EPA's Proposed Vessel General Permits: Background and Issues

This report covers two proposed permit drafts by the Environmental Protection Agency (EPA) regarding Vessel General Permits (VGPs): one for large vessels to replace the 2008 VGP (draft VGP), and one for smaller vessels that currently are covered by a congressionally-enacted temporary moratorium (draft sVGP).

Jun 18, 2012

Comprehensive Environmental Response, Compensation, and Liability Act: A Summary of Superfund Cleanup Authorities and Related Provisions of the Act

Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA; P.L. 96-510) in response to a growing desire for the federal government to ensure the cleanup of the nation’s most contaminated sites to protect the public from potential harm. The Superfund Amendments and Reauthorization Act of 1986 (P.L. 99-499, SARA) clarified the applicability of the statute’s requirements to federal facilities, and modified various response, liability, and enforcement provisions. Several other laws also have amended CERCLA for specific purposes, including relief from cleanup liability for certain categories of parties, and the authorization of federal assistance for the cleanup of abandoned or idled “brownfields” where the presence or perception of contamination may impede economic redevelopment. CERCLA authorizes cleanup and enforcement actions to respond to actual or threatened releases of hazardous substances into the environment, but generally excludes releases of petroleum and certain other materials covered by other federal laws. Considering the limitation of federal resources to address the many contaminated sites across the United States, CERCLA directs the Environmental Protection Agency (EPA) to maintain a National Priorities List (NPL) to identify the most hazardous sites for the purpose of prioritizing cleanup actions. The states and the public may participate in federal cleanup decisions at NPL sites. The states primarily are responsible for pursuing the cleanup of sites not listed on the NPL, with the federal role at these sites limited mainly to addressing emergency situations. CERCLA established a broad liability scheme that holds past and current owners and operators of facilities from which a release occurs financially responsible for cleanup costs, natural resource damages, and the costs of federal public health studies. At waste disposal sites, generators of the wastes and transporters of the wastes who selected the site for disposal also are liable under CERCLA. The liability of these “potentially responsible parties” (PRPs) has been interpreted by the courts to be strict, joint and several, and retroactive. At contaminated federal facilities, federal agencies are subject to liability under CERCLA as the owners and operators of those facilities on behalf of the United States. Federal agencies also may be liable in instances in which an agency generated or transported waste for disposal at a non-federal facility. CERCLA established the Hazardous Substance Superfund Trust Fund to pay for the cleanup of sites where the PRPs cannot be found or cannot pay. A combination of special taxes on industry and general taxpayer revenues originally financed the Superfund Trust Fund, but the authority to collect the industry taxes expired on December 31, 1995. Over time, Congress increased the contribution of general revenues to make up for the shortfall from the expired industry taxes. General revenues now provide most of the funding for the trust fund, but other monies continue to contribute some revenues (i.e., cost-recoveries from PRPs, fines and penalties for violations of cleanup requirements, and interest on the trust fund balance). The availability of these trust fund monies under the Superfund program is subject to appropriations by Congress. Private settlement funds deposited into site-specific Special Accounts within the Superfund Trust Fund also are available to EPA, but are not subject to discretionary appropriations. Considering the liability of the federal government at its own facilities, the cleanup of federal facilities is not funded with Superfund Trust Fund monies under the Superfund program, but with other federal monies appropriated to the agencies responsible for administering the facilities. However, EPA and the states remain responsible for overseeing and enforcing the implementation of CERCLA at federal facilities to ensure that applicable cleanup requirements are met.

Jun 14, 2012

Coast Guard Cutter Procurement: Background and Issues for Congress

This report looks at the cost of funding the Coast Guard's program of record's (POR) call for procuring eight National Security Cutters (NSCs), 25 Offshore Patrol Cutters (OPCs), and 58 Fast Response Cutters (FRCs) as replacements for 90 aging Coast Guard cutters and patrol craft. It also addresses issues for maintenance, future acquisition, and definitions of the types of cutters.

Jun 13, 2012

Alternative Fuel and Advanced Vehicle Technology Incentives: A Summary of Federal Programs

This report gives an overview of the federal incentives support the development and deployment of alternatives to conventional fuels and engines in transportation including tax deductions and credits for vehicle purchases and the installation of refueling systems; federal grants for conversion of older vehicles to newer technologies; mandates for the use of biofuels; and incentives for manufacturers to produce alternative fuel vehicles. It also addresses how these incentives relate to goals of reducing petroleum consumption and import dependence, improving environmental quality, expanding domestic manufacturing, and promoting agriculture and rural development.

Jun 12, 2012

Reduce, Refinance, and Rent? The Economic Incentives, Risks, and Ramifications of Housing Market Policy Options

This report discusses the background of financial panic in September 2008, precipitated by the housing bubble of 2006. In particular, the report looks at options that the 112th Congress has regarding the housing market: (1) reducing mortgage principal for borrowers who owe more than their homes are worth, (2) refinancing mortgages for borrowers shut out of traditional financing methods, and (3) renting out foreclosed homes.

Jun 12, 2012

Contract “Bundling” Under the Small Business Act: Existing Law and Proposed Amendments

This report discusses regulations from Congress on bundling, which refers to the consolidation of two or more requirements for goods or services previously provided or performed under separate smaller contracts into a solicitation for a single contract that is likely to be unsuitable for award to a small business because of its size or scope. It particularly looks at the Small Business Act and new legislation by the 112th Congress to expand the definition of bundling, strengthen the authority of the Administrator of Small Business, and requirements for reporting bundled procurements.

Jun 11, 2012

The American Opportunity Tax Credit: Overview, Analysis, and Policy Options

This report gives an overview of the American Opportunity Tax Credit (AOTC)—enacted on a temporary basis by the American Recovery and Reinvestment Act and extended through the end of 2012 by the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010— which is a partially-refundable tax credit that provides financial assistance to taxpayers who are attending college, or whose children are attending college. There are a variety of policy options mentioned in the report regarding the AOTC, including extending the credit, extending a modified AOTC, or repealing the Hope and Lifetime Credits and extending a modified AOTC that includes provisions included in these credits.

Jun 11, 2012

Mexican Migration to the United States: Policy and Trends

History and geography have given Mexico a unique status in the U.S. immigration system, and have made the Mexico-U.S. migration flow the largest in the world. Mexicans are the largest group of U.S. migrants across most types of immigration statuses—a fact that may have important implications for how Congress makes U.S. immigration policy. This report reviews the history of immigration policy and migration flows between the countries and the demographics of Mexicans within the United States. It also analyzes contemporary issues in U.S. immigration policy and the impact Mexico may have on U.S. immigration outcomes. The U.S.-Mexican migration system has passed through four main phases since the early 20th century. Migration flows were limited and mainly short-term prior to the 1920s, and Mexicans were exempted from certain immigration restrictions and admitted as the first U.S. guest workers during World War I. The bilateral “Bracero” temporary worker program marked a second phase, with 4.6 million temporary visas issued to Mexican workers between 1942 and 1964. With the end of the Bracero program and other immigration reforms in 1965, along with social and economic changes in the United States and Mexico, the third stage was marked by growing illegal inflows, eventually leading Congress to pass the Immigration Reform and Control Act of 1986. Finally, despite a series of additional enforcement measures, the Mexican population in the United States doubled during each decade since 1970, with unauthorized migrants accounting for a majority of the growth, followed by legal family-based immigration. Today, the Mexico-born population in the United States stands at about 11.7 million people. Compared to other migrants, the Mexican born in the United States are more likely to be unauthorized, be younger, have lower education levels, work in lower-skilled occupations, and have lower measures of economic well-being. In contrast with earlier periods and virtually all other migrants, Mexicans are now dispersed throughout all 50 U.S. states. Given the size of the Mexico-born population in the United States and the 2,000-mile border shared between the two countries, Mexicans and Mexico are uniquely affected by U.S. immigration policies. Mexicans are the largest group of aliens subject to U.S. immigration control and border security policies, the largest group of lawful immigrants within permanent and temporary visa categories, and the majority of unauthorized migrants within the United States. On one hand, Mexico’s prominence in the U.S. migration system means that U.S. immigration policy, to varying degrees, primarily affects Mexicans and Mexico. Today’s Mexico-U.S. migration flows and the Mexico-born population in the United States are the product of previous immigration policy decisions, as well as of the long and complex history of the U.S. and Mexican economies, labor markets, and demographics. On the other hand, Mexico also remains at the center of today’s immigration debate, though often only implicitly. Recognizing Mexico’s status within the U.S. migration system focuses attention on how the U.S. immigration debate affects Mexico, and on how Mexico may affect certain migration outcomes. Mexico’s role in the U.S. immigration system, along with the importance of the bilateral relationship to both countries, creates a number of opportunities, and challenges, as Congress weighs changes to U.S. immigration policy. First, Mexico already plays a key role in U.S. immigration enforcement and border security. The United States and Mexico share information about transnational threats, Mexico combats illegal migration by third country nationals, and Mexico supports certain U.S. enforcement efforts related to the repatriation of Mexican nationals. This report explores possibilities for additional bilateralism in these areas, including strategies to reduce recidivism among illegal migrants and to better manage U.S.-Mexican ports of entry. Second, with respect to lawful permanent immigration, Mexico benefits from rules that favor family-based flows, but still dominates the waiting lists of people with approved immigration petitions for whom visas have not yet been made available. The analysis here focuses attention on recent proposals to reduce visa backlogs and on other reforms that could affect the number of immigrant visas for Mexico. Third, Mexico dominates temporary visa categories for low-skilled workers, and an increasing number of Mexicans could also qualify for high-skilled worker visas. The report reviews previous experience with Mexico-specific temporary worker programs, which offer mixed lessons about managing flows this way. Additional policy considerations concern potential legalization proposals and efforts to reduce unauthorized emigration from Mexico. Given the large number of unauthorized Mexican migrants in the United States, Mexico could play a role in a potential legalization program, including by providing information to verify migrants’ identities and by facilitating proposed “touch-back” requirements. Finally, in the long run, economic development and employment creation in Mexico are widely viewed as being among the best tools to reduce unauthorized emigration. While demographic and economic trends in Mexico likely have already contributed to reduced illegal outflows, the relationship between international trade and financial flows, U.S. economic assistance, and economic opportunities in Mexico may represent promising areas for policies to reduce illegal migration in the future. This report supplements other CRS research on Mexico (such as CRS Report RL32724, Mexico: Issues for Congress; and CRS Report R41349, U.S.-Mexican Security Cooperation: The Mérida Initiative and Beyond ) and on immigration (such as CRS Report R42036, Immigration Legislation and Issues in the 112th Congress; and CRS Report R42138, Border Security: Immigration Enforcement Between Ports of Entry).

Jun 7, 2012

Haiti Under President Martelly: Current Conditions and Congressional Concerns

This report gives an overview of the current government in Haiti and status of recovery efforts following the 2010 earthquake. The Haitian government and the international donor community are implementing a 10-year recovery plan focusing on territorial, economic, social, and institutional rebuilding. The main priorities for U.S. policy regarding Haiti are to strengthen fragile democratic processes, continue to improve security, and promote economic development. Other concerns include the cost and effectiveness of U.S. aid; protecting human rights; combating narcotics, arms, and human trafficking; and alleviating poverty. Congressional concerns include the pace and effectiveness of reconstruction; respect for human rights, particularly for women; counternarcotics efforts; and security issues.

Jun 6, 2012

Ability to Repay, Risk-Retention Standards, and Mortgage Credit Access

Prior to the recent financial crisis, mortgage underwriting standards were relaxed to the point where many borrowers could only repay their loans if favorable financial conditions that existed at the time of origination remained intact. In other words, borrowers obtained mortgage loans that relied upon interest rates not rising or the value of the underlying collateral (house prices) not declining. When market conditions changed, however, many mortgage loans became delinquent and went into default. The mortgage defaults often translated into large losses for both the borrowers and the financial industry. After enactment of The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act; P.L. 111-203), the Federal Reserve Board announced a proposed qualified mortgage (QM) rule that would establish “ability to repay” standards for mortgage lending. The Federal Reserve, along with other federal regulatory agencies, also jointly released a proposed risk retention or qualified residential mortgage (QRM) rule to require parties involved in a transaction in which mortgage originations are sold to retain “skin-in-the-game” or a minimum percentage of the credit risk of financial products, which would result in the sharing of any eventual losses. Adoption of ability to repay and risk-retention standards may discourage lenders from excessively relaxing lending standards even during economic boom periods, thus making loan repayment more resilient to sudden shifts in short-term economic and financial conditions. The ability to repay and risk-retention standards, while designed to curtail the pre-crisis proliferation of risky lending practices, are likely to simultaneously reduce access to mortgage credit. Although ability-to-repay standards would encourage consistent underwriting at all times, some borrowers that benefit from lender flexibility during more favorable macroeconomic conditions are likely to face increased difficulty obtaining mortgage loans. Lenders may be reluctant to originate loans that are not in compliance with the ability-to-repay standards if this exposes them to increased legal risks. Likewise, risk-retention standards that translate into more stringent qualification requirements for borrowers are likely to increase barriers to homeownership for both creditworthy and disadvantaged borrowers. The 112th Congress is overseeing the rulemaking stemming from the Dodd-Frank Act. This report examines the developments associated with the implementation of mortgage lending reforms. After summarizing the proposed ability to repay and risk-retention standards, a description of risky underwriting practices that occurred prior to the mortgage crisis is presented, followed by a discussion of possible effects on mortgage credit accessibility. The Consumer Financial Protection Bureau (CFPB), which will prescribe final regulations on QM rule, has re-opened the comment period to seek further comments on the litigation risks that could potentially arise from the new requirements. The comments, however, should be narrowly focused and based upon analysis that uses mortgage data provided by the regulator of Fannie Mae and Freddie Mac. The closing date for comments will be July 9, 2012.

Jun 5, 2012

Nominations to U.S. Circuit and District Courts by President Obama During the 111th and 112th Congresses

Recent Senate debates in the 112th Congress over judicial nominations have focused on issues such as the relative degree of success of President Barack Obama’s nominees in gaining Senate confirmation (compared with other recent Presidents) as well as the effect of delayed judicial appointments on judicial vacancy levels. The following report addresses these issues, and others, by providing a statistical overview of President Obama’s nominees to U.S. circuit court of appeals and U.S. district court judgeships, current through May 31, 2012. Findings include the following: President Obama thus far in his presidency has nominated 41 persons to U.S. circuit court judgeships, 29 of whom have been confirmed. Of the 150 persons nominated thus far by President Obama to U.S. district court judgeships, 117 have been confirmed. The greatest number of President Obama’s circuit court nominees have been confirmed to the U.S. Court of Appeals for the Fourth Circuit (6) and the Second Circuit (5). The greatest number of President Obama’s district court nominees have been confirmed to judgeships located within the Ninth Circuit (22) and the fewest to district court judgeships within the First Circuit (3). District court vacancies have grown in number over the course of the Obama presidency, from 42 judgeships vacant when President Obama took office to 59 at present. There currently are 13 circuit court vacancies (the same number as when President Obama took office). During the Obama presidency thus far, fewer circuit court nominees have been confirmed by the Senate than were confirmed during the first terms of any of the four preceding Presidents (Reagan through G.W. Bush). Likewise, fewer Obama district court nominees have been confirmed by the Senate than were confirmed during the first terms of the four preceding Presidents. President Obama is the only one of the three most recent Presidents to have begun his fourth year in office with more circuit and district court judgeships vacant than when he took office. During the Obama presidency, the average waiting time from nomination to committee hearing has been, thus far, 69.6 days for circuit court nominees and 83.2 days for district court nominees. During the Obama presidency, the average waiting time from Senate Judiciary Committee report to Senate confirmation has been 139.7 days for circuit court nominees and 105.1 days for district court nominees. Various factors might help explain differences or variation found in judicial appointment statistics across recent presidencies. A President’s opportunities to make circuit and district court appointments will be affected by the number of judicial vacancies existing at the time he takes office, as well as by how many judges depart office, and how many new judgeships are statutorily created, during his presidency. The time taken by a President to select nominees for judicial vacancies may be affected by whether the selection of lower court nominees must compete with filling a Supreme Court vacancy, whether the selection process itself is a priority for a President, the level of consultation between a President and a nominee’s home state Senators, and the time taken by home state Senators to make judicial candidate recommendations. Institutional and political factors which may influence the processing of judicial nominations by the Senate include ideological differences between the President and the opposition party in the Senate, the extent of interest group opposition to certain nominees, the presence or absence of “divided government,” the point in a congressional session when nominations arrive in the Senate, whether nominees have the support of both of their home state Senators, and whether the blue slip policy of the Senate Judiciary Committee requires the support of both home state Senators before a nominee can receive a hearing or committee vote.

Jun 1, 2012

A Securities Transactions Tax: Brief Analytic Overview with Revenue Estimates

This report briefly discusses recent STT (Securities Transactions Tax) proposals, summarizes the possible effects on financial market volatility and speculation, and provides estimates of the potential revenue effects.

Jun 1, 2012

Trade Reorganization: Overview and Issues for Congress

On January 13, 2012, President Obama asked Congress for authority to reorganize and consolidate into one department the business- and trade-related functions of six federal entities. U.S. policymakers' interest in the organizational structure of U.S. government trade functions has grown in recent years, stimulated by congressional and federal efforts to promote U.S. exports and employment, including through the National Export Initiative (NEI). Interest also has been stimulated by national debates on reducing federal spending and the size of the U.S. government. This report looks at the policy debate and role of Congress in such a move.

May 31, 2012

Countering Violent Extremism in the United States

In August 2011, the Obama Administration announced its counter-radicalization strategy. It is devised to address the forces that influence some people living in the United States to acquire and hold radical or extremist beliefs that may eventually compel them to commit terrorism. This is the first such strategy for the federal government, which calls this effort “combating violent extremism” (CVE). This report provides examples of recent Administration CVE activity and examines some of the risks and challenges evident in the SIP's three objectives. The report also diagrams and briefly discusses the “future activities and efforts” outlined in the SIP for each of these three objectives. A number of areas may call for oversight from Congress. These include the following: picking partners and establishing "rules of the road," intervention with at-risk individuals, identifying programs to assist grassroots CVE efforts, countering extremist ideas, the lack of a lead agency, and transparency.

May 31, 2012

The Senate Agriculture Committee’s 2012 Farm Bill (S. 3240): A Side-by-Side Comparison with Current Law

May 30, 2012

U.S.-China Diplomacy Over Chinese Legal Advocate Chen Guangcheng

The case of blind Chinese legal advocate Chen Guangcheng, who escaped from illegal house arrest in China’s Shandong Province on April 20, 2012, and made his way to Beijing, the United States Embassy, and, ultimately, the United States, has generated strong congressional interest. While Chen was still in China, some Members questioned whether the U.S. State Department had done enough to ensure Chen’s safety, with criticism focused on the State Department’s decision to escort Chen from the Embassy to a Beijing hospital on May 2, 2012, and its willingness to accept verbal assurances from the Chinese government that it would ensure a “safe environment” for Chen in China. With Chen now in the United States, remaining issues for the Administration and Congress include the fate of the family members, supporters, and friends back in China who helped him escape. The situation of Chen’s nephew, Chen Kegui, may be of particular concern. He faces attempted murder charges for injuring security personnel with a kitchen knife when they burst into his father’s house late at night after Chen’s escape, and he has been denied access to lawyers retained by his family on his behalf. The United States is also watching to see if China follows through on its promise to investigate Chen’s treatment at the hands of local officials in Shandong over the past seven years. In the longer term, congressional considerations include how the United States should respond to other human rights cases in China, and what place promotion of human rights should have in the overall U.S.-China relationship. Chen’s saga tested the bilateral relationship and showed it to have a resilience that surprised some observers. When an associate of Chen’s contacted the U.S. Embassy in Beijing on April 25, 2012, to request help for him, Secretary of State Hillary Rodham Clinton reportedly personally authorized a mission to rescue Chen from the streets of Beijing and bring him into the U.S. Embassy compound for assessment by U.S. medical personnel. That move plunged the United States and China into three weeks of high-stakes diplomacy over Chen’s fate. With the two countries’ premier bilateral dialogue, the U.S.-China Strategic and Economic Dialogue, scheduled for May 3 and 4, 2012, in Beijing, diplomats for the two sides engaged in tense negotiations. Moving at a rapid pace, they produced a detailed and highly unusual set of understandings under which the Chinese government committed to relocate Chen to a “safe environment” away from his home province and offer him the opportunity to study law at one of seven universities, with the Chinese government paying for Chen’s tuition and room and board for him and his family. Chen accepted these verbal understandings—the terms of which China never publicly confirmed—and left the Embassy after six days for a local hospital. Hours later, Chen changed his mind about staying in China, occasioning another round of negotiations. Those negotiations produced a subsequent understanding, under which the Chinese government said publicly that Chen was free to apply for documents to study abroad. Chen, his wife Yuan Weijing, and their two children arrived in the United States on May 19, 2012. Chen plans to study law at New York University. This report begins by examining implications of the Chen case for the place of human rights in U.S.-China relations. It then discusses why Beijing may have been willing to negotiate with the United States at all over the fate of a Chinese citizen inside China. The report highlights the remaining issues in the case, details the understandings reached between the two governments, and then provides background on Chen Guangcheng and a list of his family and other associates in China who may be at risk. The report includes a map showing Chen’s home district and Beijing, the city to which he escaped. It also includes a timeline of developments in the case from April 20, 2012, until May 19, 2012, based upon information available at the time of publication.

May 29, 2012

The Bakken Formation: Leading Unconventional Oil Development

The Bakken Formation is a large unconventional petroleum and natural gas resource underlying parts of North Dakota, Montana, and the Canadian provinces of Saskatchewan and Manitoba. Bakken oil production is now viable because of advanced horizontal drilling and hydraulic fracturing methods. Growth in production is rapidly changing. High oil prices and low natural gas prices have prompted shale gas producers to turn to shale oil or tight oil. The Bakken Formation has emerged as a major tight oil resource “play.” The U.S. Geological Survey (USGS) estimated that the Bakken may contain 3.65 billion barrels (bbls) of undiscovered oil (or less than 3% of total U.S. estimates), 1.85 trillion cubic feet (tcf) associated/dissolved undiscovered natural gas (less than 1% of total U.S. estimates), and 148 million bbls of undiscovered natural gas liquids (NGLs) recoverable under current technology. USGS announced in July 2011 that it will reassess the Bakken resources. Full development of this resource faces a number of hurdles. A major constraint to more vigorous development of the Bakken is the lack of pipeline capacity to move more crude oil to refineries. A proposed pipeline, the Keystone XL pipeline, would extend from Canada to Nebraska, where it would connect to another TransCanada pipeline for transport to Gulf Coast refineries, and could transport oil from the Bakken. The original proposed Keystone XL pipeline did not receive a necessary Presidential Permit; however, TransCanada, the company that proposed the pipeline resubmitted its application to the State Department on May 4, 2012, with a different configuration. Flaring of natural gas in association with Bakken oil production has also attracted a lot of interest. If producers are forced to decrease flaring it would also likely result in oil production being curtailed. Another issue potentially affecting development of the Bakken is the need to make use of hydraulic fracturing. This technology is the subject of increasing regulatory scrutiny, along with public concern over its possible impact on water quality. The Environmental Protection Agency (EPA) is conducting a congressionally mandated study on the impact the technique may have on drinking water, and the Department of Energy (DOE) has undertaken a broader assessment of the potential environmental effects of this practice. Legislation pending in the House and the Senate would authorize EPA to regulate hydraulic fracturing used in oil and natural gas production. Currently, states broadly regulate oil and gas exploration and production on non-federal lands, and proposals to give EPA new authority in this area have been highly controversial. A longer-term constraint may be water availability and access, as the industry’s cumulative water demand for fracturing and other well development activities expands. Groundwater tables in the Bakken region have been falling as water extractions for municipal, agricultural, industrial and other purposes have exceeded aquifer recharge. The Army Corps of Engineers announced in May 2012 that it is moving forward with processing requests from oil development interests for access to a key surface water source, Lake Sakakawea on the Missouri River in North Dakota. Initially the Corps will not assess a fee for the withdrawn water, while it undertakes a pricing policy rulemaking. Uncertainty over charges related to water withdrawn from the lake has ignited concerns among those withdrawing water for other purposes (e.g., municipal and agricultural uses) and the state’s authority over surface waters within its borders.

May 23, 2012

Cybercrime: Conceptual Issues for Congress and U.S. Law Enforcement

May 23, 2012

The First Responder Network and Next- Generation Communications for Public Safety: Issues for Congress

Since September 11, 2001, when communications failures contributed to the tragedies of the day, Congress has passed several laws intended to create a nationwide emergency communications capability. Yet the United States has continued to strive for a solution that assures seamless communications among first responders and emergency personnel at the scene of a major disaster. To address this problem, Congress included provisions in the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96) for planning, building, and managing a new, nationwide, broadband network for public safety communications, and assigned additional spectrum to accommodate the new network.

May 23, 2012

Surface Transportation Reauthorization Legislation in the 112th Congress: MAP-21, H.R. 7, and H.R. 4348—Major Provisions

The federal government’s highway, mass transit, and surface transportation safety programs are periodically authorized in a multi-year surface transportation reauthorization bill. The most recent reauthorization act, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU or SAFETEA; P.L. 109-59), expired at the end of FY2009. Since then, the surface transportation programs have been funded under extension acts. The main obstacle to passage of a new multi-year bill during the past two years has been the disparity between projected spending and the much lower projections of the revenue flows to the highway trust fund (HTF). Taxes on gasoline and diesel provide 90% of the revenues for the HTF, which historically has funded the entire highway program and roughly 80% of the mass transit program. The rates on these taxes, which are on a cents-per-gallon basis, have not been increased since 1993. In addition, the condition of the economy and improvements in fuel economy have held down fuel consumption and as a result are adversely affecting HTF revenues. Consequently, authorizers face a dilemma: how to pass a bill without cutting infrastructure spending, raising the gas tax, or increasing the budget deficit. The Senate has passed the Moving Ahead for Progress in the 21st Century Act (MAP-21, S. 1813, H.R. 4348, as amended), which would authorize surface transportation programs through September 30, 2013. MAP-21 proposes: A total Federal-Aid Highway Program authorization of $39.5 billion for FY2012 and $40.5 billion for FY2013 (reflecting rescissions), and $400 million for research and education in each fiscal year. To reduce the total number of highway programs from roughly 90 to 30. The overall Federal-Aid Highway Program would be structured around five large “core” programs. The existing Equity Bonus Program would be discontinued. To accelerate project completion and speed up the environmental review process. $10.458 billion, annually, for FY2012-FY2013, for transit programs. The House bill, the American Energy and Infrastructure Jobs Act (H.R. 7), links the usual surface transportation reauthorization components with provisions designed to increase oil and gas production, the revenues from which would be provided for highway infrastructure. H.R. 7, counting the already-appropriated FY2012, is a five-year bill providing for a total authorization of roughly $260 billion. The House and Senate bills differ significantly in programmatic content and treatment of the HTF. Both, however, would reduce the number of programs by roughly two-thirds, would accelerate project delivery, and are free of program earmarking. H.R. 4348, the Surface Transportation Extension Act of 2012, Part II, as passed by the House, would extend surface transportation authorizations through the end of FY2012. The Senate, on April 24, 2012, agreed to an amendment to H.R. 4348, striking the House-passed bill text and substituting the language of MAP-21. This action enabled the House and Senate to send the measure to conference.

May 21, 2012

How FDA Approves Drugs and Regulates Their Safety and Effectiveness

May 18, 2012

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 provided for primary residence home sales. Other taxpayers may be subject to the tax even if they do not dispose of real estate. There have been proposals in the 112th Congress to repeal the tax, including H.R. 1549 and S. 1738. This report provides a summary of the tax and generalized examples of its application.

May 18, 2012

The Domestic Terrorist Threat: Background and Issues for Congress

In the last decade, domestic terrorists-people who commit crimes within the homeland and draw inspiration from U.S.-based extremist ideologies and movements-have killed American citizens and damaged property across the country. Not all of these criminals have been prosecuted under terrorism statutes. This report discusses domestic terrorism's significance to policymakers per five topics: level of activity, use of nontraditional tactics, exploitation of the internet, decentralized nature of the threat, and prison radicalization. The report also discusses three areas that Congress may consider the federal role of combating such activities: the issue of definitions, adequacy of domestic terrorism intelligence collection efforts, and the value of community outreach driven efforts to quell terrorism related radicalization in the United States.

May 15, 2012

Canadian Oil Sands: Life-Cycle Assessments of Greenhouse Gas Emissions

Recent congressional interest in U.S. energy policy has focused in part on ways through which the United States could secure more economical and reliable crude oil resources both domestically and internationally. Many forecasters identify petroleum refined from Canadian oil sands as one possible solution. This report discusses conclusions revealed from a survey of available literature on the matter, particularly in regards to Greenhouse Gas and Well-to-Tank emissions.

May 15, 2012

Carbon Capture and Sequestration (CCS): A Primer

This report is a brief summary of what CCS is, how it is supposed to work, why it has gained the interest and support of some members of Congress, and what some of the challenges are to its implementation and deployment across the United States.

May 14, 2012

Immigration of Foreign Nationals with Science, Technology, Engineering, and Mathematics (STEM) Degrees

Congress is renewing its interest in facilitating the immigration of foreign professional workers in science, technology, engineering, or mathematics (STEM) fields. The STEM workforce is seen by many as a catalyst of U.S. global economic competitiveness and is likewise considered a key element of the legislative options aimed at stimulating economic growth. "STEM visa" is a shorthand for an expedited immigration avenue that enables foreign nationals with graduate degrees in STEM fields to adjust their immigration status to legal permanent residence (LPR) without waiting in the queue of numerically-limited LPR visas.

May 11, 2012

FEMA's Community Disaster Loan Program: History, Analysis, and Issues for Congress

This report compares and analyzes three different categories of loans issued in different time periods in the program's history: "traditional" loans issued between 1974 and 2005, in 2007, and between 2009 and 2011 (TCDLs); "special" (SCDLs) loans issued in 2005-2006 following Hurricanes Katrina and Rita; and loans issued under unique provisions in 2008 (2008 CDLs).

May 10, 2012

Rural Broadband: The Roles of the Rural Utilities Service and the Universal Service Fund

This report discusses Rural Utilities Service (RUS) Broadband and Telecommunications Programs. Since the initial deployment of broadband in the late 1990s, Congress has viewed broadband infrastructure deployment as a means towards improving regional economic development, and in the long term, to create jobs.

May 9, 2012

Veterans' Medical Care: FY2013 Appropriations

This report focuses on the Veterans Health Administration (VHA). The VHA is primarily a direct service provider of primary care, specialized care, and related medical and social support services to veterans through the nation's largest integrated health care system.

May 8, 2012

Youth and the Labor Force: Background and Trends

May 4, 2012

U.S. Spent Nuclear Fuel Storage

This report focuses on the current situation with spent nuclear fuel storage in the United States. It does not address all of the issues associated with permanent disposal of SNF, but rather focuses on the SNF storage situation, primarily at current and former reactor facilities for the potentially foreseeable future.

May 3, 2012

Passenger Train Access to Freight Railroad Track

Pressure is building for greater passenger use of freight railroad rights of way. Freight railroad rights of way are owned by private, for-profit corporations, and the routes potentially most useful for passenger service are typically the busiest with freight traffic. In many cases, states or commuter rail authorities have reached agreement with freight railroads to share either their track or right of way. However, unlike Amtrak, which has eminent domain power over freight facilities and can appeal to a federal agency to determine the terms of its access to freight track, other would-be passenger rail operators do not have any statutory leverage when negotiating with freight railroads. This likely increases the price public authorities pay for access and leaves them with no apparent recourse when freight railroads reject their offers. During House committee mark-up of the Passenger Rail Investment and Improvement Act of 2008 (P.L. 110-432), a provision to require binding arbitration when commuter rail authorities and freight railroads fail to reach agreement over access proved controversial. The committee chose instead to require non-binding arbitration. Some Members of Congress have urged greater reliance on private companies to provide intercity rail services similar to those offered by Amtrak, but such private services may be difficult to develop so long as potential operators lack Amtrak’s statutory right to compel freight railroads to carry passenger trains. Freight railroads can be expected to object to such initiatives as unfair “takings” of their private property. In the 112th Congress, the version of surface transportation legislation passed by the Senate (S. 1813) calls for a federal study to evaluate passenger service in shared-use rail corridors and to survey processes for resolving disputes over passenger access. Passenger access to freight railroad track raises old but recurring questions about the fundamental nature of railroad rights of way. Railroads are not like other businesses that are free to decide how and where they allocate resources solely on the principle of maximizing shareholder returns. While railroad rights of way are private property, more than a century of case law has upheld a public duty on them. The public nature of railroads is evident from the fact that they were designated as “common carriers,” granted eminent domain power, and regulated by government. However, the private interest of railroads is protected by the limitation that the government’s right to regulate does not mean the right to confiscate. Railroad rights of way, unlike highways, were not considered part of the “public domain.” When competition from other modes eroded passenger rail travel, it was confirmed that the public duty attached to railroads could obligate them to operate some trains at a loss, provided the railroad’s overall operations were profitable. The issue for Congress is whether freight railroads and prospective passenger rail authorities should negotiate over the terms of use of railroad property just as any private parties would or if a governmental third party, such as the federal Surface Transportation Board (STB), should have some role in determining the terms. Given that a public service obligation is still attached to railroads, albeit largely lifted with respect to passenger service, do freight railroads have the right to set the price for passenger access unilaterally, or should the public’s convenience and necessity be given some consideration? Granting track access rights to potential private operators of passenger service could be a particularly thorny issue. Given the increasing demands on urban rail corridors, Congress might examine alternative methods for managing them. A public “rail port authority” might have some advantages over private railroads in optimizing an urban rail network.

May 2, 2012

Endangered Species Act (ESA): The Exemption Process

The Endangered Species Act (ESA) is designed to protect species from extinction, but it includes an exemption process for those unusual cases where the public benefit from a project is determined to outweigh the harm to the species. This process was created by a 1978 amendment to the ESA, but it is rarely used. This report will discuss the exemption process, with examples from past controversies. The ESA mandates listing and protecting species that are endangered or threatened with extinction. Listing a species limits activities that could affect that species and provides penalties for taking individuals of that species. The ESA also requires federal agencies to consult with the Fish and Wildlife Service or the National Marine Fisheries Service (together, the Services) to determine whether a federal action may jeopardize the continued existence of a species or harm its critical habitat. The consultation process may lead to an opinion by one of the Services that the action will jeopardize listed species or harm their critical habitats unless certain reasonable and prudent alternatives are included in the action. Rarely, the federal action agency may hold that those alternatives are inconsistent with the project, and wish to proceed regardless of those effects. In other extremely rare cases, the Services may find that no alternatives are available that would allow the project to proceed and still prevent jeopardy. In either case, the federal action agency (or the affected license or permit applicant) may apply for an exemption in order to proceed with the project despite effects on listed species or their critical habitat. An exemption application is considered by a specially convened committee which may exempt the federal agency’s action from the prohibitions of the ESA. The exemption process allows major economic factors to be judged to outweigh the ESA’s mandate to recover a species when the federal action is found to be in the public interest and is nationally or regionally significant. The exemption process has been invoked with a dam on the Tellico River (TN), a water project in the Platt River (WY and NE), timber sales (OR), and in three other instances when the process began, but was aborted before a decision was reached. In addition, there was a period of fairly recent interest in invoking the process in light of controversies over water management in California, although no application has been filed. When a project achieves such levels of controversy, Congress is sometimes asked to intervene in the outcome, as it did in the case of the Tellico Dam and an endangered fish.

Apr 30, 2012

Budget "Sequestration" and Selected Program Exemptions and Special Rules

"Sequestration" is a process of automatic, largely across-the-board spending reductions under which budgetary resources are permanently canceled to enforce certain budget policy goals. This report looks at the history and current status of sequestration at it relates to Congress. This includes how it is enacted and special rules that can apply.

Apr 27, 2012

The FDA Medical Device User Fee Program

Apr 24, 2012

VA Housing: Guaranteed Loans, Direct Loans, and Specially Adapted Housing Grants

This report discusses three types of housing assistance-the loan guaranty program, direct loan programs, and Specially Adapted Housing program-their origins, how they operate, and how they are funded. The report also has a section that discusses the default and foreclosure of VA-guaranteed loans.

Apr 24, 2012

The Violence Against Women Act: Overview, Legislation, and Federal Funding

Apr 24, 2012

Legislative Branch: FY2013 Appropriations

Apr 24, 2012

The Budget Control Act of 2011: The Effects on Spending and the Budget Deficit When the Automatic Spending Cuts Are Implemented

This report discusses the two main groups of spending reductions in the Budget Control Act of 2011: (1) discretionary spending caps and (2) an automatic $1.2 trillion spending reduction process that comes into effect on January 02, 2012. It also looks at projected effects of the Act.

Apr 23, 2012

Army Drawdown and Restructuring: Background and Issues for Congress

On January 26, 2012, senior DOD leadership unveiled a new defense strategy based on a review of potential future security challenges, current defense strategy, and budgetary constraints. This new strategy envisions a smaller, leaner Army that is agile, flexible, rapidly deployable, and technologically advanced. This strategy will rebalance the Army's global posture and presence, emphasizing where potential problems are likely to arise, such as the Asia-Pacific region and the Middle East. Potential issues for Congress include the strategic risk posed by a smaller and restructured Army; the "health" of the Army given the impending downsizing; where the force will be based; the role of the National Guard and Reserves; and should the enrollment at the service academies (West Point) be reduced to pre-9/11 levels. This report will be updated as circumstances warrant.

Apr 20, 2012

Trafficking in Persons: International Dimensions and Foreign Policy Issues for Congress

This report explores current foreign policy issues confronting U.S. efforts to combat human trafficking, the interrelationship among existing polices, and the historical and current role of Congress in such efforts. The 112th Congress has introduced and taken action on several bills related to human trafficking. Given recent challenges in balancing budget priorities, the 112th Congress may choose to consider certain aspects of this issue further, including the effectiveness of international anti-trafficking projects, interagency coordination mechanisms, and the monitoring and enforcement of anti-trafficking regulations, particularly as they relate to the activities of U.S. government contractors and subcontractors operating overseas.

Apr 20, 2012

The STOCK Act, Insider Trading, and Public Financial Reporting by Federal Officials

An overview of the STOCK Act (Stop Trading on Congressional Knowledge Act of 2012), which was signed into law on April 4, 2012, 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.

Apr 19, 2012

Reexamination of Agency Reporting Requirements: Annual Process Under the GPRA Modernization Act of 2010 (GPRAMA)

On January 4, 2011, the GPRA Modernization Act of 2010 (GPRAMA) became law. The acronym "GPRA" in the act's short title refers to the Government Performance and Results Act of 1993 (GPRA 1993), a law that GPRAMA substantially modified. Some of GPRAMA's provisions require agencies to produce plans and reports for a variety of audiences that focus on goal-setting and performance measurement. Other provisions, by contrast, establish an annual process to reexamine the usefulness of certain reporting requirements. The report concludes by looking potential issues for Congress in two categories.

Apr 18, 2012

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 official census data. Currently, all 50 states, the District of Columbia, and Puerto Rico receive census data for reapportionment and redistricting via the census program conducted pursuant to P.L. 94-171. Under the Constitution and census statutes, the federal government has broad authority over how the census is conducted. The Supreme Court has found that federal law bars using sampling data to adjust the decennial census for House of Representatives reapportionment but that hot-deck imputation, an estimation technique, is permissible. Adjusting census data for other purposes, such as intrastate redistricting, is also not prohibited. In addition, the Secretary of Commerce has authority over whether it is feasible to release adjusted data for intrastate redistricting purposes. The Supreme Court has held that the Secretary of Commerce has discretion whether to include overseas federal personnel in the apportionment census. It has also found that the Secretary of Commerce can include U.S. military and civilian federal government overseas employees in the apportionment census while excluding other expatriate U.S. citizens. Because Congress has authority to legislate census methodology with regard to treatment of expatriates, several bills have been introduced in the 112th Congress addressing the inclusion of expatriates and categories of expatriates.

Apr 16, 2012

The Role of the Environmental Review Process in Federally Funded Highway Projects: Background and Issues for Congress

Under programs administered by the Department of Transportation’s (DOT’s) Federal Highway Administration (FHWA), certain highway and bridge projects may be eligible for federal funding. Project approval and the receipt of federal funds are conditioned on the project sponsor (e.g., a local public works or state transportation agency) meeting certain standards and complying with federal law. Activities necessary to demonstrate compliance with those requirements may be completed at various stages of project development. Although the names of each stage may vary from state to state, project development generally includes the following: planning, preliminary design and environmental review, final design and rights-of-way acquisition, construction, and facility operation and maintenance. When there is debate over the time it takes to complete federal highway projects, the environmental review stage has been a primary focus of congressional attention concerning legislative options to speed project delivery. The current process includes activities necessary to demonstrate that all potential project-related impacts to the human, natural, and cultural environment are identified; effects of those impacts are taken into consideration (among other factors such as economic or community benefits) before a final decision is made; the public is included in that decision-making process; and all state, tribal, or federal compliance requirements applicable as a result of the project’s environmental impacts are, or will be, met. Compliance requirements depend on site-specific factors, including the size and scope of the project, and whether and to what degree it may affect resources such as parks, historic sites, water resources, wetlands, or urban communities. For all proposed federal-aid highway projects, however, some level of review will be required under the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. §4321 et seq.). Broadly, NEPA requires federal agencies to consider the environmental effects of an action before proceeding with it and to involve the public in the decision-making process. The time it takes to complete the NEPA process is often the focus of debate over project delays attributable to the overall environmental review stage. However, the majority of FHWA-approved projects require limited documentation or analyses under NEPA. Further, when environmental requirements have caused project delays, requirements established under laws other than NEPA have generally been the source. This calls into question the degree to which the NEPA compliance process is a significant source of delay in completing either the environmental review process or overall project delivery. Causes of delay that have been identified are more often tied to local/state and project-specific factors, primarily local/state agency priorities, project funding levels, local opposition to a project, project complexity, or late changes in project scope. Further, approaches that have been found to expedite environmental reviews involve procedures that local and state transportation agencies may implement currently, such as efficient coordination of interagency involvement; early and continued involvement with stakeholders interested in the project; and identifying environmental issues and requirements early in project development. Bills in the House and Senate (the American Energy and Infrastructure Jobs Act of 2012 (H.R. 7) and Moving Ahead for Progress in the 21st Century (MAP-21; S. 1813)) would reauthorize DOT programs. Both include provisions intended to expedite project delivery by changing elements of the environmental review process, particularly NEPA requirements. This report provides information on existing NEPA and environmental review requirements, particularly requirements that may be subject to change under the House and Senate proposals.

Apr 11, 2012

Hydraulic Fracturing and Safe Drinking Water Act Issues

This report reviews past and proposed treatment of hydraulic fracturing under the Safe Water Drinking Ace, the principal federal statute for regulating the underground injection of fluids to protect groundwater sources of drinking water. It reviews current provisions for regulating underground injection activities, and discusses some possible implications of, and issues associated with, enactment of legislation authorizing the Environmental Protection Agency to regulate hydraulic fracturing under this statute.

Apr 10, 2012

Immigration Provisions of the Violence Against Women Act (VAWA)

This report describes how the Violence Against Women Act (VAWA) provisions work in practice. It discusses improvements suggested by immigration attorneys and law enforcement observers to increase the utilization of VAWA provisions by abused foreign nationals as well as ways to reduce immigration fraud. The report closes with possible immigration-related issues that Congress may choose to consider should it reauthorize VAWA.

Apr 10, 2012

An Analysis of STEM Education Funding at the NSF: Trends and Policy Discussion

This report analyzes National Science Foundation funding trends and selected closely related STEM (science, technology, engineering, and math) education policy issues in order to place conversations about FY2013 funding in broader fiscal and policy context. It concludes with an analysis of potential policy options.

Apr 9, 2012