CRS Reports

Oil Spill Legislation in the 112th Congress

This report focuses primarily on oil spill policy matters that concern prevention, preparedness, response, liability and compensation, and Gulf restoration. For the most part, the underlying statutes for these provisions are found in either the Oil Pollution Act of 1990, the Clean Water Act (CWA) and its amendments, or the Outer Continental Shelf Lands Act (OCSLA) and its amendments.

Mar 11, 2011

Terrorist Use of the Internet: Information Operations in Cyberspace

The Internet is used by international insurgents, jihadists, and terrorist organizations as a tool for radicalization and recruitment, a method of propaganda distribution, a means of communication, and ground for training. Although there are no known reported incidents of cyberattacks on critical infrastructure as acts of terror, this could potentially become a tactic in the future. There are several methods for countering terrorist and insurgent information operations on the Internet. The federal government has organizations that conduct strategic communications, counterpropaganda, and public diplomacy activities. The National Framework for Strategic Communication guides how interagency components are to integrate their activities. However, these organizations may be stovepiped within agencies, and competing agendas may be at stake. This report does not discuss technical and Internet architecture design solutions. Some may interpret the law to prevent federal agencies from conducting “propaganda” activities that may potentially reach domestic audiences. Others may wish to dismantle all websites that are seen to have malicious content or to facilitate acts of terror, while some may have a competing interest in keeping a site running and monitoring it for intelligence value. Key issues for Congress: Although the Comprehensive National Cybersecurity Initiative addresses a federal cybersecurity strategy and departmental roles and responsibilities, overclassification, competing equities, and poor information sharing between agencies hinder implementation of a national cybersecurity strategy. (See “Federal Government Efforts to Address Cyberterrorism.”) Federal agencies have interpreted the United States Information and Educational Exchange Act of 1948 (22 U.S.C. § 1461), also known as the Smith-Mundt Act, as creating a “firewall” between foreign and domestic audiences, limiting U.S. government counterpropaganda activities on the Internet. (See “Institutional Constraints.”) Some agencies favor monitoring and surveillance of potentially harmful websites, while others would shut them down entirely. (See “Intelligence Gain/Loss Calculus.”) Different agency approaches to combating terrorists’ use of the Internet and different definitions and strategies for activities such as information operations (IO) and strategic communications (SC) create an oversight challenge for Congress. (See “Counterpropaganda: Strategic Communications, Public Diplomacy, and Information Operations.”) Cybersecurity proposals from the 111th Congress such as S. 3480, which contained controversial provisions labeled by the media as the Internet “Kill Switch,” are likely to be reintroduced in some form in the 112th Congress. (See “Congressional Activity.”) With growing interest in strategic communications and public diplomacy, there may also be an effort to revise the Smith-Mundt Act.

Mar 8, 2011

Multilateral Development Banks: General Capital Increases

This report shows in tabular form how much the Administration has requested and how much Congress has appropriated for U.S. payments to the multilateral development banks (MDBs) since 2000. It also provides a brief description of the MDBs and the ways they fund their operations.

Mar 4, 2011

How Local Election Officials View Election Reform: Results of Three National Surveys

Local election officials (LEOs) are critical to the administration of federal elections and the implementation of the Help America Vote Act of 2002 (HAVA, P.L. 107-252). Three surveys of LEOs were performed by academic institutions in collaboration with the Congressional Research Service. Although care needs to be taken in interpreting the results, they may have implications for several policy issues, such as how election officials are chosen and trained, the best ways to ensure that voting systems and election procedures are sufficiently effective, secure, and voter-friendly, and whether adjustments should be made to HAVA requirements. Major results include the following: The demographic characteristics of LEOs differ from those of other government officials. Almost three-quarters are women, and 5% are minorities. Most do not have a college degree, and most were elected, although those characteristics appear to be changing. Some results suggest areas of potential improvement such as in training and participation in professional associations. LEOs believed that the federal government has too great an influence on the acquisition of voting systems, and that local elected officials have too little. Their concerns increased from 2004 to 2006 about the influence of the media, political parties, advocacy groups, and vendors. Concern about the influence of these groups increased again, slightly, from 2006 to 2008. LEOs were highly satisfied with whatever voting system they used but were less supportive of other kinds. Their satisfaction declined from 2004 to 2006 for all systems except lever machines, but rebounded in 2008. They also rated their primary voting systems as very accurate, secure, reliable, and voter- and pollworker-friendly, no matter what system they used. However, the most common incident reported by respondents in both the 2006 and 2008 elections was malfunction of a direct recording (DRE) or optical scan (OS) electronic voting system. The incidence of long lines at polling places was highest in jurisdictions using DREs. Most DRE users did not believe that voter-verified paper audit trails (VVPAT) should be required, but nonusers believed they should be. However, the percentage of DRE users who supported VVPAT increased from 2004 to 2008, and more VVPAT users were satisfied with them in 2008 than in 2006. On average, LEOs mildly supported requiring photo identification for all voters and believed it would make elections more secure, even though they strongly believed that it will negatively affect turnout and did not believe that voter fraud is a problem in their jurisdictions. In all three surveys, LEOs believed that HAVA is making moderate improvements in the electoral process. The level of support declined from 2004 to 2006 but increased to its highest point in 2008. LEOs reported that HAVA has increased the accessibility of voting but has made elections more complicated and has increased their cost, though fewer believed so in 2008 than in 2006. LEOs spent much more time preparing for the election in 2008 than in 2004. They also believed that the increased complexity of elections is hindering recruitment of pollworkers. Most found the activities of the Election Assistance Commission (EAC) that HAVA created moderately important, and that its helpfulness improved from 2006 to 2008. Their assessment of the statewide voter-registration database was neutral in 2006 but positive in 2008. They believed that it was more accurate and fair than their previous registration system.

Mar 4, 2011

Medical Malpractice Liability Reform: Legal Issues and 50-State Surveys of Caps on Noneconomic and Punitive Damages and of Punitive Damages Burden of Proof Standards

Mar 1, 2011

Unemployment Insurance: Legislative Issues in the 112th Congress

Mar 1, 2011

REINS Act: Number and Types of “Major Rules” in Recent Years

Feb 24, 2011

Tax Policy Options for Deficit Reduction

This report analyzes various revenue options for deficit reduction and highlights proposals made by the President's Fiscal Commission and the Debt Reduction Task Force.

Feb 18, 2011

Empowerment Zones, Enterprise Communities, and Renewal Communities: Comparative Overview and Analysis

Empowerment Zones (EZs), Enterprise Communities (ECs), and Renewal Communities (RCs) are federally designated geographic areas characterized by high levels of poverty and economic distress, where businesses and local governments may be eligible to receive federal grants and tax incentives. Congress remains interested in these programs to revitalize selected areas affected by unemployment and a decline in economic activity, despite increased concern over the size and sustainability of the long-term budget outlook. The objective of this report is to provide a comparative overview of the similarities and differences between the EZ, EC, and RC programs, and a review of congressional policy choices to target and provide federal incentives to economically distressed zones. The report also examines studies that have evaluated the impact of EZs, ECs, and RCs, and provides information on their current status. Finally, the report discusses recent legislative activity and congressional issues and options. Since 1993, Congress has authorized three rounds of EZs (1993, 1997, 1999), two rounds of ECs (1993, 1997), and one round of RCs (2000) with the objective of revitalizing selected economically distressed communities. The three programs have different benefits and eligibility criteria. For example, the nine initial EZs each received tax incentives and grants of $100 million (urban) and $40 million (rural), whereas the 95 initial ECs each received tax benefits and smaller grants of $2.95 million for smaller urban counties and rural communities. RCs did not receive grants, but benefitted from wage credits, and tax investment incentives. Eligibility varied depending on levels of population, unemployment, and poverty. In its FY2010 and FY2011 budgets, the Administration requested that Congress extend tax incentives for EZs and RCs until December 31, 2010 and 2011. EZ and RC tax incentives were extended in the Emergency Economic Stabilization Act of 2008 (P.L. 110-343), through December 31, 2009. Currently, the estimated $1.8 billion in grant incentives provided to EZs and ECs since 1993 have mostly been expended. The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (P.L. 111-312) enacted on December 17, 2010, extended EZ tax benefits, but not RCs, until the end of 2011. In addition, legislation such as the American Recovery and Reinvestment Act of 2009 (P.L. 111-5) provided broadband education, training, and equipment for selected facilities located within EZs and ECs, and recovery zone bonds for EZs. In 2009, P.L. 111-8 and P.L. 111-80 provided $3 million in funding for EZs and ECs. While a short-term extension of EZ tax incentives was enacted in the 111th Congress, a similar extension of the RC tax incentives might continue to be an issue in the 112th Congress. A number of studies have evaluated the effectiveness of the EZ, EC, and RC programs. Several government-sponsored studies have failed to link EZ and EC designation with a general improvement in community outcomes. In addition, several academic researchers have evaluated the effectiveness of zone incentives. Overall, these studies have found modest, if any, effects, and call into question the cost-effectiveness of these programs. There are several options that Congress can consider regarding the EZ, EC, and RC programs. These options may range from permanently extending the programs to allowing them to expire. Other options include a temporary extension, increased oversight, a redesignation of economic development zones, program consolidation, or a combination of these options. This report will be updated as legislative developments warrant.

Feb 14, 2011

Limitations in Appropriations Measures: An Overview of Procedural Issues

This report deals with the procedure and scope of appropriations limitations within the House and the Senate.

Feb 14, 2011

Legislative Branch: FY2011 Appropriations

This report discusses budgetary issues of the legislative branch of the U.S. government during Fiscal Year 2011.

Feb 11, 2011

Reaching the Debt Limit: Background and Potential Effects on Government Operations

This report examines the possibility of the federal government reaching its statutory debt limit and not raising it, with a particular focus on government operations. First, the report explains the nature of the federal government's debt, the processes associated with federal borrowing, and historical events that may influence prospective actions. It also includes an analysis of what could happen if the federal government may no longer issue debt, has exhausted alternative sources of cash, and, therefore, depends on incoming receipts or other sources of funds to provide any cash needed to liquidate federal obligations. Finally this report lays out considerations for increasing the debt limit under current policy and what impact fiscal policy could have on the debt limit going forward.

Feb 11, 2011

Wilderness: Legislation and Issues in the 112th Congress

Feb 10, 2011

Faith-Based Funding: Legal Issues Associated with Religious Organizations That Receive Public Funds

Beginning in 1996, Congress enacted several pieces of legislation that included provisions that have become known as charitable choice rules. Included in legislation for various federally funded social service programs, charitable choice rules were aimed at ensuring that faith-based organizations could participate in federally funded social service programs like other nongovernmental providers. The rules allow religious organizations to receive public funding to offer social services without abandoning their religious character or infringing on the religious freedom of program beneficiaries. No new legislation has been enacted since 2000, but Congress continues to consider the issues associated with charitable choice as the related programs are reauthorized. Much of the controversy that has surrounded these programs has centered on the constitutionality of the federal government funding faith-based social service programs and so-called religious hiring rights, the term often used to refer to religious organizations’ selectivity in employment decisions. Supporters of faith-based funding argue that religious organizations have a constitutional right to retain their preferences for co-religionists in hiring as a matter of religious identity and exercise. Opponents argue that allowing organizations that receive public funding to discriminate based on religion violates principles of neutrality guaranteed by the U.S. Constitution. Challenges to programs with funding to religious organizations under charitable choice have had varying results. Supreme Court jurisprudence has shifted over the last decade, which has in some cases lowered the constitutional barriers for aid to religious organizations. However, some cases have indicated that the Court may not favor aid in particular cases of providing funding to religious organizations. This report will briefly discuss the history of charitable choice provisions and the implementation of the Faith-Based Initiative which extended similar rules to certain executive agencies. It will also analyze the constitutional issues associated with funding faith-based organizations, services, and programs, including the distinction of financial assistance provided directly and indirectly to religious organizations. The report will also detail the legal protections for religious organizations that receive funds under these programs and for the beneficiaries of the services they provide, with particular focus on civil rights and discrimination prohibitions in current law. Finally, the report will analyze who is able to raise judicial challenges to publicly funded faith-based programs and how such lawsuits have been resolved.

Feb 9, 2011

ARRA Section 1603 Grants in Lieu of Tax Credits for Renewable Energy: Overview, Analysis, and Policy Options

Feb 8, 2011

Accountability Issues and Reauthorization of the Elementary and Secondary Education Act

Federal policies aiming to improve the effectiveness of schools have historically focused largely on inputs, such as supporting teacher professional development, class-size reduction, and compensatory programs or services for disadvantaged students. Over the last two decades, however, interest in developing federal policies that focus on student outcomes has increased. Most recently, 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. As states and local educational agencies (LEAs) have implemented the federal accountability requirements, numerous issues have arisen that may be addressed during ESEA reauthorization. Among these issues are those pertaining to the comparability of data across states and the development of state accountability systems of varying degrees of rigor, the one-size-fits-all set of consequences applied to schools that fail to make adequate yearly progress (AYP), the narrowing of the focus of instruction at the school level, and the evaluation of teachers. Commonality versus flexibility: States have had the flexibility to select their own content and performance standards, as well as the assessments aligned with these standards. This has resulted in a different accountability system in each state, making it difficult to sum up where students are in terms of skills and knowledge and to gauge the net effect of the NCLB. Absolute versus differentiated consequences: Schools simply do or do not meet AYP standards, and there is generally no distinction between those that fail to meet only one or two required performance or participation thresholds to a marginal degree versus those that fail to meet numerous thresholds to a substantial extent. Incentives to focus on proficiency: Schools and LEAs are held accountable for the achievement of all student subgroups. They are not, however, held accountable for students at all levels of achievement. Because the goal of the current system is for 100% of students to become “proficient” by school year 2013-2014, schools and teachers may target instructional time and resources towards students who are nearing proficiency rather than distributing resources equally across students at all achievement levels. Assessment and the narrowing of the curricular focus: Because assessments are aligned with state content standards, there may be a risk that “teaching to the standards” becomes “teaching to the test.” The practice of “teaching to the test”—whether intentional or unintentional—may narrow the curriculum. Teacher evaluation and accountability: The NCLB added a requirement that all teachers be highly qualified. Over time, however, the requirement has come to be seen by many as a minimum standard for entry into the profession and a growing body of research has revealed its underlying emphasis on teachers’ credentials to be weakly correlated with student achievement. As such, the Administration has moved toward measuring teacher effectiveness based on student achievement, and promoted a focus on output-based accountability for teachers.

Feb 7, 2011

Federal Benefits and Services for People with Low Income: Programs, Policy, and Spending, FY2008-FY2009

The federal government spent almost $708 billion in FY2009 on programs for low-income people, and nearly $578 billion the previous year. The increased spending between the two years was largely due to the recession, with almost two-thirds coming from the American Recovery and Reinvestment Act (ARRA, P.L. 111-5), the economic stimulus enacted in February 2009. Low-income programs discussed in this report are distinct from social insurance programs, such as Social Security or Medicare, which aim to protect American workers universally against lost wages or benefits when they retire, become disabled, or lose a job. In contrast, programs addressed here focus explicitly on low-income populations. They provide assistance in obtaining basic needs, such as health care, food, or housing, and seek to address the causes of low income through education, training, or other services. While these programs are very diverse, the analysis in this report yields certain general findings: • Health care dominates all other categories of benefits and services, accounting for nearly half of federal spending for low-income people. Cash aid is second but trails far behind, comprising 18% of spending in FY2009. Other categories, in decreasing size, are food assistance, housing and development, education, social services, energy assistance, and employment and training. • Four programs account for 60% of federal spending for low-income people and 10 programs make up more than three-fourths. Medicaid alone accounted for nearly 40% of FY2009 low-income spending; next were the Supplemental Nutrition Assistance Program (SNAP, formerly food stamps), Supplemental Security Income, and the refundable portion of the Earned Income Tax Credit. • Elderly and disabled individuals, and families with children are key target populations for much of the spending for low-income people. Federal policy toward families with children generally encourages work and includes incentives to “make work pay.” Other populations served by selected programs include veterans, students, homeless people, Indians, and refugees. • Within broad target populations, programs use different concepts to determine who is eligible. Most spending is on behalf of people determined individually eligible by virtue of their low income or eligibility for another income-tested program. “Low income” is defined in a multitude of ways, using different percentages of the federal poverty guidelines, specific dollar amounts, percentages of local area median income (primarily for housing programs), or other measures. • Many programs distribute funding to states or other entities to provide benefits and services to low-income people, using population-based allocation factors, cost-sharing formulas, or other mechanisms to target resources toward areas or entities with the greatest need. Some of these programs (especially in elementary and secondary education) have no further requirements for individuals to be determined income-eligible. • Programs for low-income people are most likely to use formula grants to distribute funds to states or another unit of government. Under many of these programs, notably including Medicaid, states must spend a specified amount of their own funds to receive federal dollars. State and local governments administer most of these federal programs; however, many of the largest programs provide federal benefits directly to individuals or via a nongovernmental intermediary.

Jan 31, 2011

Troubled Asset Relief Program (TARP): Implementation and Status

The Troubled Asset Relief Program (TARP) was created by the Emergency Economic Stabilization Act (EESA) enacted on October 3, 2008 to address the ongoing financial crisis. This report provides a brief outline of the programs created under TARP, recent changes made by Congress, and a summary of the current status and estimated costs of the program. It also provides an Appendix that contains detailed discussions of the individual TARP programs.

Jan 31, 2011

Cuba: Issues for the 112th Congress

This report discusses the current political conditions of Cuba, as well as its relationship with the United States. In particular, the report focuses on U.S. policy regarding Cuba, including various economic sanctions, human rights issues, and foreign aid appropriations.

Jan 28, 2011

Neglected Tropical Diseases: Background, Responses, and Issues for Congress

Over the past decade, global health has become a priority in U.S. foreign policy, and U.S. funding for related efforts has more than tripled. Neglected tropical diseases (NTDs), an important focus of U.S. global health assistance, may come under scrutiny as the 112th Congress debates spending levels for ongoing global health programs. NTDs are a group of 17 diseases that are found primarily among the poorest people in 149 countries and territories. Estimates indicate that some 2 billion people are at risk of contracting an NTD, of whom more than 1 billion people are afflicted with one or more. Roughly 534,000 people are believed to be killed by an NTD annually. Although these diseases are concentrated among the world’s poor, population shifts and climate change increase the vulnerability of the United States to some of these diseases, particularly Chagas disease and dengue. While blood centers test for Chagas, some health experts believe that several cases remain undiagnosed in the United States and that Chagas stands as an undetected cause of heart disease and stroke. Some observers are concerned about scientists’ expectations that mosquitoes capable of spreading dengue fever are gradually spreading across the United States, particularly because no vaccine or treatment exists for this disease. In addition, travelers from industrialized countries are increasingly contracting NTDs such as schistosomiasis while engaged in tourism. These cases are usually identified once tourists develop severe, acute infection or other unusual problems. Proponents support funding research on and treatment for NTDs because it is a cost-effective way of making a significant health impact. Roughly 90% of all NTDs are easy to treat with drugs that cost less than $2 per dose and need to be taken only once or twice annually. This means that all people at risk of contracting an NTD worldwide can be treated for less than $2 billion over the next five years. With consistent treatment and control, several NTDs are being eliminated in various parts of the world, especially in Latin America, and guinea worm disease is on the cusp of eradication, meaning there is no risk of contracting the disease. Some groups argue that the United States should increase funding for NTD programs to improve global health and advance domestic capacity to detect NTD cases that may arise, particularly for diseases like dengue and Chagas. Other groups maintain that countries like Brazil, China, and India that have received support for eliminating NTDs should play a greater role in addressing the health challenge, particularly as their own economies exhibit strong growth. The 112th Congress may debate funding much of the President’s FY2011 budget, which includes $155 million for the NTD Program, as well as upcoming FY2012 budget levels. The 112th Congress will likely weigh calls for greater spending on NTDs with other challenges, such as streamlining foreign and global health assistance to make them more effective and efficient, particularly in light of efforts to reduce federal spending. This report will be updated as events warrant.

Jan 21, 2011

Inland Waterways: Recent Proposals and Issues For Congress

This brief discusses the major issues for Congress which include whether to increase inland waterway funding in the future (and by what amount); the appropriate type of revenue stream (e.g., fuel taxes or lockage fees) for the user-required portion of these projects; division of the cost-share responsibilities between the federal government and commercial users (e.g., 50/50 or some other division); and whether to initiate process-based recommendations that some argue will improve the delivery and efficiency of Corps-led IWTF projects.

Jan 20, 2011

Is Biopower Carbon Neutral?

Jan 20, 2011

The Mortgage Interest and Property Tax Deductions: Analysis and Options

Jan 18, 2011

The U.S. Foreign-Born Population: Trends and Selected Characteristics

This report offers context for consideration of immigration policy options by presenting data on key geographic, demographic, social, and economic characteristics of the foreign-born population residing in the United States. Interest in the U.S. foreign-born population stems in part from the changing demographic profile of the United States as well as the rapidity of such change, and how both of these trends correspond to U.S. immigration policy.

Jan 18, 2011

Can Marine Highways Deliver?

Policymakers have been discussing the potential for shifting some freight traffic from roads to river and coastal waterways as a means of mitigating highway congestion. While waterways carry substantial amounts of bulk commodities (e.g., grain and coal), seldom are they used to transport containerized cargo (typically finished goods and manufactured parts) between points within the contiguous United States. Trucks, which carry most of this cargo, and railroads, which carry some of it in combination with trucks, offer much faster transit. Yet, at a time when many urban highways are congested, a parallel river or coastal waterway may be little used. With passage of the Energy Independence and Security Act of 2007 (P.L. 110-140) and the National Defense Authorization Act for FY2010 (P.L. 111-84), Congress moved this idea forward by requiring the Department of Transportation (DOT) to identify waterways that could potentially serve as “marine highways” and providing grant funding for their development. DOT has selected several marine highways for grant funding totaling about $80 million. To be eligible, a marine highway must be an alternative to a congested highway or railroad and be financially viable in a reasonable time frame. The prevailing perception is that coastal and river navigation is too slow to attract shippers that utilize trucks and that the additional cargo handling costs at ports negate any potential savings from using waterborne transport. While there are other significant obstacles as well, under highly specific circumstances, marine highways might attract truck freight. Freight corridors characterized by an imbalance in the directional flow of container equipment; shippers with low value, heavy cargoes, and waterside production facilities; and connections with coastal hub ports over medium distances may be suitable for container-on-barge (COB) or coastal shipping services. It also appears that marine highways are more suitable to international rather than domestic shippers because the former have lower service expectations. A review of the successes and failures of the few marine highway services currently operating in the contiguous United States, as well as those that have failed in the past, indicates that the potential market is limited. In many instances, marine highways have succeeded in capturing only a negligible share of container shipments along a given route. One can question, therefore, whether marine highways will divert enough trucks to provide public benefits commensurate with their costs. Congress may also consider repealing a port use charge, the harbor maintenance tax, for containerized domestic shipments as a means of spurring marine highway development. Repealing the tax raises equity issues because waterway users already benefit from reduced federal user charges compared to trucks, and their other competitor, the railroads, are largely self-financed. The Jones Act is arguably another potential statutory hindrance to marine highway development, particularly coastal highways. This act requires that all domestic shipping be carried in U.S. built ships. Critics claim the act raises the cost of domestic shipping to such a degree that it cannot compete with truck and rail.

Jan 14, 2011

Unemployment: Issues in the 112th Congress

Jan 11, 2011

The Self-Employment Assistance (SEA) Program

Jan 11, 2011

SBA Small Business Investment Company Program

Jan 10, 2011

Tax-Favored Financing for Renewable Energy Resources and Energy Efficiency

Tax policy is one tool available to promote the use of domestic renewable energy resources. Tax-subsidized financing, specifically tax-favored bonds, reduce the cost associated with making oftentimes capital intensive investments in renewables and energy efficiency. This report provides an overview of the various federally tax-favored financing options available for renewable energy and energy-efficiency investments. This report also highlights the economic foundations for subsidizing renewable energy investment and comments on economic issues specific to tax-favored financing. Various forms of federally tax-favored bonds have been used to subsidize investments in renewables and efficiency. Some of these bonds, such as the Clean Renewable Energy Bonds (CREBs) and Qualified Energy Conservation Bonds (QECBs), are tax-credit bonds available only for investments in renewables or efficiency. CREBs alone have been used to finance 1,727 renewable energy projects, through $3.4 billion in CREB allocations. Other types of tax-favored bonds, such as tax-exempt governmental bonds or private activity bonds and Build America Bonds (BABs), are more widely available but have been used for energy-related projects. More than $10 billion worth of BABs have been issued to finance electric and public power projects (although it is not clear what share of this issue is dedicated to renewables). The magnitude of the subsidy afforded by the different types of federally tax-favored financing differs from both the perspective of the bond issuer and the investor. An example, where a hypothetical CREB, BAB, and tax-exempt bond is used to finance the same project, illustrates how policymakers can adjust bond terms to manipulate the subsidy provided to issuers and investors. Tax incentives promote investment in renewables and energy efficiency by reducing the cost of such investments relative to fossil energy alternatives. Investments in renewable energy generation capacity, especially wind, have led to an increasing share of renewables in the nation’s overall energy portfolio. Subsidizing investments in renewables using tax policy, however, may not be the most economically efficient mechanism for increasing the use of renewable energy and promoting energy efficiency. Subsidizing renewables through tax incentives leads to federal revenue losses, requiring that federal revenues be raised by some other, potentially distortionary, form of taxation. Tax-exempt bonds may not be the best tool for subsidizing investment in renewables when evaluated in terms of economic efficiency and equity. With tax-exempt bonds, federal revenue losses may exceed the subsidy provided to issuers, and thus be an inefficient subsidy. Tax-exempt bonds also provide a larger subsidy to taxpayers in higher tax brackets, raising equity concerns. Tax-credit bonds, as an alternative, represent a tax-subsidization option that is not subject to the inefficiencies and inequities associated with tax-exempt debt. While tax-subsidized financing has been a popular tool in recent years for promoting investment in renewables and efficiency, a number of these bonds are not currently available as options for project investors. Specifically, all available CREB financing has been allocated, and projects were unable to issue BABs after December 31, 2010. Whether these programs have successfully promoted renewable energy investment, and should be extended, may be an issue the 112th Congress will want to consider.

Jan 10, 2011

Mexico's Drug Trafficking Organizations: Source and Scope of the Rising Violence

Report which provides background on drug trafficking in Mexico, identifies the major drug trafficking organizations, and analyzes the context, scope, and scale of the violence. It examines current trends of the violence, analyzes prospects for curbing violence in the future, and compares it with violence in Colombia.

Jan 7, 2011

Congressional Careers: Service Tenure and Patterns of Member Service, 1789-2011

The average service tenure of members of the Senate and House of Representatives has varied substantially since 1789. This report presents data on member tenure and a historical analysis of tenure trends.

Jan 7, 2011

Delegates to the U.S. Congress: History and Current Status

Jan 6, 2011

Emergency Designation: Current Budget Rules and Procedures

Budgetary legislation is constrained by certain enforcement rules that are generally intended to control spending, revenues, and the deficit. Since 1990, those rules have provided, in various forms, procedural mechanisms allowing Congress to effectively exempt certain budgetary amounts from such constraints by designating a provision in a measure as an emergency requirement. This report provides a brief description of the current rules and congressional procedures associated with the emergency designation. Currently, the authority and the procedures related to designating a provision as an emergency requirement are different for the House and Senate. In the House, the rules and procedures pertaining to the emergency designation are governed by three separate authorities: (1) a separate order contained in H.Res. 5 (112th Congress); (2) the House standing rules; and (3) the Statutory PAYGO Act of 2010. In the Senate, the rules and procedures pertaining to the emergency designation are currently governed by two separate authorities: (1) the FY2010 budget resolution; and (2) the Statutory PAYGO Act of 2010. This report will be updated as developments warrant.

Jan 6, 2011

Clean Air Issues in the 112th Congress

Jan 4, 2011

Contracting Programs for Alaska Native Corporations: Historical Development and Legal Authorities

Jan 4, 2011

A Brief Overview of Rulemaking and Judicial Review

Jan 4, 2011

Transportation Spending Under an Earmark Ban

Jan 3, 2011

Evaluating the "Past Performance" of Federal Contractors: Legal Requirements and Issues

This report provides an overview of existing legal requirements pertaining to past performance, including the issues raised by federal contractors' attempts to challenge agency evaluations of their past performance, source selection decisions based, in part, on consideration of past performance information, and responsibility determinations. It also surveys recently enacted and proposed legislation and executive branch initiatives related to evaluations of past performance.

Jan 3, 2011

U.S. Unmanned Aerial Systems

Jan 3, 2011

"Disadvantaged" Small Businesses: Definitions and Designations for Purposes of Federal and Federally Funded Contracting Programs

This report discusses what constitutes a "disadvantaged" small business for purposes of federal and federally funded contracting programs and how firms are certified or otherwise designated as such.

Jan 3, 2011

The U.S. Congress and the European Parliament: Evolving Transatlantic Legislative Cooperation

This report provides background on the Congress-EP relationship and the role of the TLD. It also explores potential future options should an effort to strengthen ties between the two bodies gain momentum.

Dec 30, 2010

U.S.-Vietnam Economic and Trade Relations: Issues for the 112th Congress

Dec 27, 2010

Organized Crime: An Evolving Challenge for U.S. Law Enforcement

This report provides an analysis of how organized crime has capitalized on globalization by using borders as opportunities, relying on fast-paced technological change, and adapting its organizational structures. It illustrates how these transformations can impact U.S. persons, businesses, and interests. The report includes a discussion of how U.S. law enforcement conceptualizes organized crime in the 21st century and concludes by examining potential issues for Congress, including the extent to which organized crime is a national security threat (partly to be tackled by U.S. law enforcement agencies), congressional oversight regarding the federal coordination of organized crime investigations, and the utility of current resources appropriated to combat organized crime.

Dec 23, 2010

Global Natural Gas: A Growing Resource

The role of natural gas in the U.S. economy is expected to be a major part of the debate over energy policy in the 112th Congress. This report briefly explains key aspects of global natural gas markets, including supply and demand, as well as major U.S. developments. Natural gas is considered a potential bridge fuel to a low carbon economy because it is cleaner burning than its hydrocarbon rivals coal and oil. Natural gas combustion emits about two-thirds less carbon dioxide than coal and one-quarter less than oil when consumed in a typical electric power plant. Natural gas combustion also emits less particulate matter, sulfur dioxide, and nitrogen oxides than coal or oil. Additionally, improved methods to extract natural gas from certain shale formations has significantly increased the resource profile of the United States, which has spurred other countries to try to develop shale gas. If the United States and other countries can bring large new volumes of natural gas to market, then natural gas could play a larger role in the world’s economy. Several key factors will determine whether significant new quantities of natural gas come to market, particularly unconventional natural gas resources. These factors include price, technical capability, environmental concerns, and political considerations. Many countries, both producing and consuming, are watching how the development of U.S. unconventional natural gas resources evolves. Key Points: Natural gas is likely to play a greater role in the world energy mix given its growing resource base and its relatively low carbon emissions compared to other fossil fuels. The world used over 100,000 billion cubic feet (bcf) of natural gas in 2009, of which the United States consumed almost 23,000 bcf, the most of any country. Between 2008 and 2009, world consumption declined about 2.6%, while U.S. consumption dropped 1.6%, or 388 bcf. In 2009, almost 84% of the natural gas the United States consumed was from domestic production. Another 14 % of consumption was met with Canadian imports. Liquefied natural gas (LNG), mainly from Trinidad & Tobago and Egypt, comprised just 2% of consumption. U.S. unconventional natural gas reserves and production, particularly shale gas, have grown rapidly in recent years. In 2009, shale gas reserves increased 76%, while production rose 47%, according to a recent U.S. Energy Information Administration (EIA) report. The new shale gas resources have changed the U.S. natural gas position from net importer to potentially a net exporter. Other countries are now exploring their own shale gas resources.

Dec 22, 2010

The State of Campaign Finance Policy: Recent Developments and Issues for Congress

The report discusses selected litigation to demonstrate how those events have changed the campaign finance landscape and affected the policy issues that may confront Congress, but it is not a constitutional or legal analysis. Finally, campaign finance data appear throughout the report.

Dec 21, 2010

The EU-South Korea Free Trade Agreement and Its Implications for the United States

This report discusses the free trade agreement (FTA) between South Korea and the European Union (EU). It looks at various aspects of the South Korea-EU FTA (KOREU FTA) including economic ties, trade strategies, and an overview of the key provisions of the agreement focusing on manufactured goods, agriculture, services, and various other provisions of particular interest to U.S. policymakers and the U.S. business community. The report also gives an analysis of the potential economic impact of the KOREU FTA and potential implications of the agreement for the United States.

Dec 17, 2010

Multilateral Development Banks: How the United States Makes and Implements Policy

This report discusses how U.S. policy towards the multilateral development banks (MDBs) is developed and implemented in the executive branch and the agencies that are involved. It also analyzes the three main sources of congressional influence--legislative authority, the power of the purse, and oversight activities-- on U.S. policy towards the development banks. Finally, it examines the levels of funding Congress has approved for MDBs, budgetary issues and the policy directives that Congress has initiated over the years.

Dec 17, 2010

Deepwater Horizon Oil Spill: The Fate of the Oil

This report highlights actions taken and issues raised as a result of the April 20, 2010, explosion on the Deepwater Horizon offshore drilling rig, and the resulting oil spill in the Gulf of Mexico.

Dec 16, 2010

Federal Crop Insurance: Background and Issues

Dec 13, 2010

Agriculture and Greenhouse Gases

This report examines the implications for agriculture of the ongoing but inconclusive debate about global climate change. In that debate, agriculture’s role is multifaceted. Agriculture is both a source of several greenhouse gases (GHGs) and a “sink” for absorbing carbon dioxide, the most common GHG, thereby partly offsetting emissions. Overall, agriculture is a comparatively modest source of U.S. GHG emissions: it accounts for approximately 7% of U.S. emissions, while sectors such as transportation and electricity generation account for much larger shares. Agriculture’s GHG emissions are principally in the form of methane and nitrous oxides emissions. Whatever the current or future Congresses may do regarding climate legislation, interest in existing and prospective responses by government and others will continue. Administration efforts to develop policies and strategies to address GHGs and climate change have been underway for some time. Two actions by the Environmental Protection Agency (EPA) have drawn the attention of the agriculture industry. One is regulating emissions of GHGs under the Clean Air Act (CAA) and subsequent GHG emission standards for new motor vehicles which, in turn, trigger certain CAA permitting requirements. A second, related action is a rule to require reporting of GHG emissions by certain facilities. Regarding both, EPA took steps to focus on the largest emitters and ensure that few agricultural sources would be subject to new GHG requirements. Still, EPA’s overall initiatives have been widely criticized, and the 111th Congress intervened through a funding bill to largely exclude agriculture from EPA’s regulatory requirements. During the 111th Congress, the House passed a comprehensive climate change bill (H.R. 2454), and a Senate committee reported a companion (S. 1733). Although no legislation was enacted, both bills included provisions excluding agriculture from regulatory requirements and promoting agricultural practices to reduce or offset emissions from regulated sources. Traditionally, practices such as conservation tillage have been used for soil conservation and water quality improvement, but their value for climate change abatement or mitigation is receiving increased attention. A number of strategies, technologies, and practices exist to reduce methane and nitrous oxides emissions at the farm level, but implementation faces financial and monitoring challenges. Programs administered by the U.S. Department of Agriculture (USDA) provide financial incentives and technical assistance to encourage implementation of certain farming practices. While the focus of most programs is not on GHG emission reduction, USDA is giving greater attention to GHGs in administering its suite of existing programs. Results of the 2010 congressional elections have altered political dynamics in Congress on many issues, and leadership of both political parties have indicated that neither currently plans to pursue comprehensive approaches to addressing climate change in the 112th Congress, although some elements of previous proposals may move through the legislative process. How agriculture fits in these discussions—both as a source of GHG emissions and contributions that the sector can make to mitigating climate change—has drawn interest in the past and likely will do so again.

Dec 10, 2010