CRS Reports

Reauthorizing the Office of National Drug Control Policy: Issues for Consideration

This report provides a discussion of the National Drug Control Strategy, the National Drug Control Budget, and the Office of National Drug Control Policy's (ONDCP's) evaluation of the National Drug Control Strategy implementation. It then provides an analysis of selected legislative and oversight issues that Congress may consider when debating the reauthorization of ONDCP. Policymakers may question the status of the war on drugs, whether drug use should be seen as more of a law enforcement issue or a public health issue, and whether drug control resources are more effective when directed toward prevention and treatment or toward law enforcement. Another issue for consideration is whether the National Drug Control Budget--as currently conceived--represents a comprehensive view of federal drug control activities in the United States. Further, Congress may exercise oversight over ONDCP's means of evaluating the nation's federal drug control programs.

Dec 10, 2010

Dodd-Frank Act, Title VIII: Supervision of Payment, Clearing, and Settlement Activities

Dec 10, 2010

The Stuxnet Computer Worm: Harbinger of an Emerging Warfare Capability

In September 2010, media reports emerged about a new form of cyber attack that appeared to target Iran, although the actual target, if any, is unknown. Through the use of thumb drives in computers that were not connected to the Internet, a malicious software program known as Stuxnet infected computer systems that were used to control the functioning of a nuclear power plant. Once inside the system, Stuxnet had the ability to degrade or destroy the software on which it operated. Although early reports focused on the impact on facilities in Iran, researchers discovered that the program had spread throughout multiple countries worldwide. From the perspective of many national security and technology observers, the emergence of the Stuxnet worm is the type of risk that threatens to cause harm to many activities deemed critical to the basic functioning of modern society. The Stuxnet worm covertly attempts to identify and exploit equipment that controls a nation’s critical infrastructure. A successful attack by a software application such as the Stuxnet worm could result in manipulation of control system code to the point of inoperability or long-term damage. Should such an incident occur, recovery from the damage to the computer systems programmed to monitor and manage a facility and the physical equipment producing goods or services could be significantly delayed. Depending on the severity of the attack, the interconnected nature of the affected critical infrastructure facilities, and government preparation and response plans, entities and individuals relying on these facilities could be without life sustaining or comforting services for a long period of time. The resulting damage to the nation’s critical infrastructure could threaten many aspects of life, including the government’s ability to safeguard national security interests. Iranian officials have claimed that Stuxnet caused only minor damage to its nuclear program, yet the potential impact of this type of malicious software could be far-reaching. The discovery of the Stuxnet worm has raised several issues for Congress, including the effect on national security, what the government’s response should be, whether an international treaty to curb the use of malicious software is necessary, and how such a treaty could be implemented. Congress may also consider the government’s role in protecting critical infrastructure and whether new authorities may be required for oversight. This report will be updated as events warrant.

Dec 9, 2010

Federal Agency Actions Following the Supreme Court's Climate Change Decision: A Chronology

This report presents a chronology of major federal agency actions taken in the wake of Massachusetts v. EPA. In Massachusetts v. EPA, the Court held that greenhouse gases (GHGs), widely viewed as contributing to climate change, constitute "air pollutants" as that phrase is used in the Clean Air Act (CAA). As a result, said the Court, the U.S. Environmental Protection Agency (EPA) had improperly denied a petition seeking CAA regulation of GHGs from new motor vehicles by saying the agency lacked authority over such emissions.

Dec 3, 2010

Screening and Securing Air Cargo: Background and Issues for Congress

The October 2010 discovery of two explosive devices being prepared for loading on U.S.-bound all-cargo aircraft overseas has heightened concerns over the potential use of air cargo shipments to bomb passenger and all-cargo aircraft. The incidents have renewed policy debate over air cargo security measures and have prompted some policymakers to call for comprehensive screening of all air cargo, including shipments that travel on all-cargo aircraft. U.S. policies and strategies for protecting air cargo have focused on two main perceived threats: the bombing of a passenger airliner carrying cargo and the hijacking of a large all-cargo aircraft for use as a weapon to attack a ground target such as a major population center, critical infrastructure, or a critical national security asset. With respect to protecting passenger airliners from explosives placed in cargo, policy debate has focused on whether risk-based targeting strategies and methods should be used to identify those shipments requiring additional scrutiny or whether all or most shipments should be subject to more intensive physical screening. While the air cargo industry and the Transportation Security Administration (TSA) have argued for the implementation of risk-based approaches, Congress mandated 100% screening of all cargo placed on passenger aircraft using approved methods by August 2010 (see P.L. 110-53). While 100% of domestic air cargo now undergoes physical screening in compliance with this mandate, not all inbound international cargo shipments carried on passenger airplanes are scrutinized in this manner. TSA is working with international air cargo operators to increase the share of cargo placed on passenger flights that is screened, but 100% screening may not be achieved until August 2013. In the interim, TSA, along with Customs and Border Protection (CBP) and international partners, is relying on risk-based targeting to increase screening of air cargo, particularly shipments deemed to be high risk. Amid renewed congressional interest on air cargo security, a number of policy issues may arise regarding the desirability of risk-based strategies as alternatives to 100% cargo screening and inspection; the adequacy of off-airport screening under the Certified Cargo Screening Program (CCSP) in conjunction with various supply chain and air cargo facility security measures; the costs and benefits of requiring blast resistant cargo containers to protect aircraft from in-flight explosions in cargo holds; the desirability of having air cargo screened by employees of private firms rather than TSA and CBP employees; and cooperative efforts with international partners and stakeholders to improve the security of international air cargo operations.

Dec 2, 2010

How Legislation Is Brought to the House Floor: A Snapshot of Recent Parliamentary Practice

The House of Representatives has several different parliamentary procedures through which it can bring legislation to the chamber floor. Which of these will be used in a given situation depends on many factors, including the type of measure being considered, its cost, the amount of political or policy controversy surrounding it, and the degree to which members want to debate it and propose amendments. This report provides a snapshot of the forms and origins of measures which, according to the Legislative Information System of the U.S. Congress (LIS), received action on the House floor in the 110th Congress (2007-2008) and the parliamentary procedures used to bring them up.

Dec 2, 2010

The Presidential Libraries Act and the Establishment of Presidential Libraries

Dec 1, 2010

Surface Transportation Program Reauthorization Issues for the 112th Congress

Dec 1, 2010

The Independent Payment Advisory Board

Nov 30, 2010

The Longshore and Harbor Workers' Compensation Act (LHWCA): Overview of Workers' Compensation for Certain Private- Sector Maritime Workers

This report discusses the Longshore and Harbor Workers' Compensation Act (LHWCA), a federal workers' compensation program that covers certain private-sector maritime workers. More than $980 million in LHWCA benefits are paid each year. The LHWCA is administered by the Department of Labor (DOL) and all benefit costs are paid by employers and their insurance carriers.

Nov 29, 2010

EPA’s BACT Guidance for Greenhouse Gases from Stationary Sources

Stationary sources—a term that includes power plants, petroleum refineries, manufacturing facilities, and other non-mobile sources of air pollution—are not yet subject to any greenhouse gas (GHG) emission standards issued by the EPA; but because of the Clean Air Act’s wording, such stationary sources will become subject to permit requirements for their GHG emissions beginning on January 2, 2011. Affected units will be subject to the permitting requirements of the Prevention of Significant Deterioration (PSD) and Title V provisions. For PSD, this will include state determinations of what constitutes Best Available Control Technology (BACT) that affected facilities will be required to install. On November 10, 2010, EPA released guidance and technical information to assist state authorities in issuing permits and determining BACT. Among the sources likely to be affected by implementation of the PSD permit requirements are new and modified electric generating units of all kinds, but particularly those fired by coal. These sources emit substantially more than EPA’s threshold of 100,000 metric tons of CO2 annually: for example, a 500 megawatt (MW) coal-fired baseload power plant would emit on the order of three million metric tons of CO2 annually. The coal mining industry and coal-fired electric utilities face at least half a dozen major regulatory actions over the next few years; industry supporters view these rules collectively as a significant threat to the future of coal. Viewed in this context, the permit requirement is one more nail in what increasingly appears to them as coal’s future coffin. In its new guidance, EPA retains the basic five-step process for determining BACT that it has recommended to state authorities for 20 years. The primary foci of the EPA guidance package are on state discretion in determining BACT and on energy efficiency as the most likely result of a GHG BACT analysis. These foci are evident through EPA’s guidance for each of the five steps. For those looking for bright lines and specific recommendations with respect to GHG BACT technologies, particularly with respect to coal-fired facilities, the released package does not provide them. Indeed, EPA’s supplemental “Questions and Answers” release on the guidance seems to stress that it did not draw such conclusions. For example: Do these tools identify BACT for specific types of industrial facilities? No. Does this guidance say that fuel switching (coal to natural gas) should be selected as BACT for a power plant? No. Does this guidance say that carbon capture and storage (CCS) should be selected as BACT? No. Likewise, the guidance provides no cost thresholds for permitting authorities to consider in determining the economic impacts of alternatives nor proposes a new approach to selecting BACT for GHG emissions. Instead, the guidance focuses on the discretionary authority that states have in determining BACT—discretion that ensures that BACT will continue to be determined on a case-by-case basis with states differing in what they consider appropriate control measures and what constitutes BACT. Whether industry will find such discretion provides sufficient regulatory certainty to invest billions in new plants remains to be seen. In short, the EPA GHG guidance is a simple expansion of the five-step BACT process that has been used for two decades to include greenhouse gases. Whether that is an adequate response will be determined by applicants, state authorities, and future EPA regulatory actions under related parts of the act, such as Section 111 (NSPS), to which BACT is linked.

Nov 22, 2010

U.S. Government Agencies Involved in Export Promotion: Overview and Issues for Congress

This report provides an overview of the federal agencies that participate in U.S. export promotion efforts and the issues that they raise for Congress. It proceeds first by discussing the coordination, budgets, and functions of federal government agencies involved in promoting exports. Next, the report provides an overview of the missions and activities of key federal government agencies that support exports. The last section of the report discusses agency-related issues for Congress.

Nov 19, 2010

“Robo-Signing” and Other Alleged Documentation Problems in Judicial and Nonjudicial Foreclosure Processes

During the summer of 2010, several employees and individuals with power-of-attorney signing authority for major servicers, including GMAC Mortgage, J.P. Morgan Chase, and Wells Fargo, were deposed as part of foreclosure contests. These depositions raised concerns about what has been characterized as “robo-signing”—the practice of having a small number of individuals sign a large number of affidavits and other legal documents submitted to courts and other public authorities by mortgage companies to execute foreclosures. As a result of these depositions, many have questioned whether individuals who claimed in sworn affidavits to have personal knowledge of facts necessary to legally foreclose on a property actually had that knowledge; whether assignments and sales of interests in mortgages were properly executed; whether legal documents were properly notarized in accordance with state law; and, as a result, whether mortgage companies had met the necessary requisites to legally foreclose on certain properties. In response, several major mortgage servicers temporarily halted foreclosure sales to review their internal foreclosure procedures. These procedural defects have the potential to undermine the legitimacy of the foreclosure process and could result in judicial sanctions, civil penalties, and even criminal prosecutions. The servicers in question do not believe they have wrongfully foreclosed upon or evicted anyone, but that some of the paperwork that must be filed to complete a foreclosure in certain states may not have been properly reviewed or notarized by their employees. Whether or not homes have been wrongfully foreclosed upon is unknown at this time. It also is unclear whether or not the procedural problems masked substantive problems, such as a failure to properly transfer interests in a mortgage, thus calling into question true ownership of mortgages, in certain instances. Even if substantive problems do exist, it may be possible to rectify deficiencies in many, if not the vast majority, of cases to allow for the completion of a foreclosure. Correcting these problems would come at a cost by potentially causing significant delays in the completion of the foreclosure process. This report seeks to shed light on some of these issues by explaining the mortgage market process and some of the legal agreements entered into between market participants; explaining the legal procedures of typical judicial and nonjudicial foreclosure statutes; explaining some of the procedural problems that have surfaced during the implementation of foreclosure proceedings that drove some mortgage servicers to briefly halt foreclosure sales and evictions; analyzing how the increasing complexity of the secondary mortgage market over the last 10 to 15 years may have led to or exacerbated these procedural problems; and addressing some of the potential substantive errors that could have been hidden by the procedural problems and the legal effect these problems could have on homeowners, lenders, and other mortgage market participants.

Nov 15, 2010

One-time Payment in Lieu of a Social Security COLA

In October 2010, the Social Security Administration announced that Social Security beneficiaries will not receive a cost-of-living adjustment (COLA) in 2011 for the second consecutive year. The COLA is based on a formula in the Social Security Act and the change in prices as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Because consumer prices reached a peak in 2008 and have not regained that peak over the measurement periods used to determine the COLA for 2010 and 2011, Social Security benefits remain flat at their 2009 levels. Stated another way, beneficiaries are protected against a negative COLA that would reduce benefits. Beneficiaries of other federal programs are also affected by the absence of a Social Security COLA, including Supplemental Security Income, veterans’ pensions administered by the Department of Veterans Affairs, and benefits administered by the Railroad Retirement Board. Beneficiaries of these programs also will not receive a COLA in 2011. Recent projections suggest that the next Social Security COLA may be payable in January 2012. A number of bills have been introduced that would provide a one-time payment in lieu of a COLA. For example, H.R. 5987 (Representative Pomeroy), Seniors Protection Act of 2010, which is likely to be considered before the end of the 111th Congress, would provide a one-time payment of $250 to Social Security and certain other beneficiaries. Other bills would provide an ad hoc COLA of a specified percentage or require the use of a different measure of price change to determine the COLA. Alternative measures of price change, such as the experimental Consumer Price Index for the Elderly (CPI-E), are proposed on the basis that the CPI-W may not accurately reflect the spending patterns of the Social Security beneficiary population, especially the elderly who tend to allocate a greater share of their total spending to healthcare than the rest of the population. If the CPI-E had been used in place of the CPI-W to compute the COLA, it would not have resulted in a COLA in 2010 or 2011. The proposed one-time payment is viewed by supporters as a way to assist economically vulnerable individuals, especially the “oldest old” and women who tend to have higher poverty rates. Others point out, however, that the population aged 65 and older as a group is not uniformly economically vulnerable. They also argue that a one-time payment is not necessary because beneficiaries received an unusually high COLA in 2009 (5.8%) and were protected against deflation in a subsequent period. The CPI-W has remained below its 2008 peak during the measurement periods used to determine the 2010 and 2011 COLAs. Supporters of a one-time payment also view it as a means to stimulate the economy. Estimates from the Congressional Budget Office show that a one-time payment to Social Security beneficiaries ranks behind other categories of government spending (including spending on unemployment benefits) that can be expected to encourage immediate spending and provide a boost to the economy. Means testing the one-time payment could help to target it more effectively, creating a stronger economic stimulus effect. Others express concern regarding the budget impact of a one-time payment in lieu of a COLA. Experience related to the $250 economic recovery payments to Social Security and certain other beneficiaries in 2009 under P.L. 111-5 can provide insight into potential administrative issues, including those related to improper payments, and other considerations.

Nov 12, 2010

Afghanistan: U.S. Rule of Law and Justice Sector Assistance

Developing effective Afghan justice sector institutions is considered by many observers to be essential in winning the support of the Afghan population, improving the Afghan government’s credibility and legitimacy, and reducing support for insurgent factions. Such sentiments are reinforced in the face of growing awareness of the pervasiveness of Afghan corruption. To this end, establishing the rule of law (ROL) in Afghanistan has become a priority in U.S. strategy for Afghanistan and an issue of interest to Congress. Numerous U.S. programs to promote ROL are in various stages of implementation and receive ongoing funding and oversight from Congress. Major programs include the following: State Department’s Justice Sector Support Program (JSSP) and Corrections System Support Program (CSSP); U.S. Agency for International Development’s (USAID’s) formal and informal ROL stabilization programs (RLS); Justice Department’s (DOJ’s) Senior Federal Prosecutors Program, which, with State Department funds, provides legal mentoring and training; and Defense Department’s (DOD’s) operational support through Combined Joint Task Force 101 (CJTF-101), as well as through Combined Joint Interagency Task Force 435 (CJIATF-435). It is difficult to identify all the programs, activities, and actors involved in ROL in Afghanistan, in part because of the continued evolution of U.S. strategy and interagency coordination for supporting the Afghan justice sector. Among the most recent shifts in strategy, U.S. efforts are increasingly resourced by a surge in civilian personnel at the provincial and district levels. To align with counterinsurgency (COIN) objectives, the U.S. government is emphasizing not only ministerial-level institution-building, but also projects to improve local-level access to justice, including projects to support informal dispute resolution mechanisms. Policy coordination among U.S. civilian and military entities involved in ROL efforts in Afghanistan also continues to change—including, most recently, the establishment of an Ambassador-led Coordinating Director for Rule of Law and Law Enforcement (CDROLLE) directorate at the U.S. Embassy, a General-led Rule of Law Field Force (ROLFF) under the CJIATF-435, as well as an Interagency Planning and Implementation Team (IPIT) to coordinate all civilian and military ROL activities in Afghanistan. Future shifts in policy approaches may also occur as policymakers seek to address growing concerns regarding Afghan corruption. Observers debate whether or to what extent the increased U.S. commitment to and resources for ROL efforts in Afghanistan will help the U.S. government reach its ultimate goal of developing a stable, capable, and legitimate Afghan government. Many would argue that the challenges in Afghanistan to ROL development and justice sector reform remain substantial and many factors undermine prospects for success. Chief among these are ongoing allegations of severe corruption at all levels of the Afghan government, lack of overall security and stability, limited Afghan government capacity, the existence of competing justice mechanisms, and the persistence of traditional attitudes that perpetuate the perception that well-connected Afghans can avoid facing prosecution and conviction. These debates will likely continue in the 112th Congress, as Members remain concerned with all aspects of U.S. policy toward Afghanistan, including authorizing and appropriating ROL-related programs and assistance, as well as conducting oversight on policy implementation and effectiveness.

Nov 9, 2010

Social Security: Revisiting Benefits for Spouses and Survivors

This report describes the current-law structure of auxiliary benefits for spouses, divorced spouses and surviving spouses. It also discusses some of the issues concerning the adequacy and equity of the current-law structure of auxiliary benefits, and presents some recent proposals.

Nov 5, 2010

U.S.-South Korea Relations

Nov 3, 2010

The U.S. Oil Refining Industry: Background in Changing Markets and Fuel Policies

This report begins by looking at the current production capacity of the oil refineries operating in the United States, and the sources and changes in crude oil supply. It then examines the changing characteristics of petroleum and petroleum product markets and identifies the effects of these changes on the refining industry. The report concludes with discussion of the policy and regulatory factors that are likely to affect the structure and performance of the industry during the next decade.

Oct 29, 2010

Follow-On Biologics: The Law and Intellectual Property Issues

Oct 26, 2010

Conventional Prompt Global Strike and Long-Range Ballistic Missiles: Background and Issues

Prompt global strike (PGS) would allow the United States to strike targets anywhere on earth with conventional weapons in as little as an hour. This report provides an overview of the rationale for the PGS mission and the possible deployment of conventional warheads on long-range ballistic missiles in support of this mission. It then reviews the Air Force and Navy efforts to develop these systems. It summarizes congressional reaction to these proposals, then provides a more detailed account of the issues raised by these concepts and programs.

Oct 25, 2010

Three Strike Mandatory Sentencing (18 U.S.C. 3559(c)): An Overview

The federal three strikes provision calls for a mandatory term of life imprisonment for defendants convicted of a serious violent felony who have two or more federal or state serious violent felony convictions or one or more of such felony conviction plus one or more federal or state serious drug conviction, 18 U.S.C. 3559(c). The qualifying violent felonies are those specifically enumerated within the section—murder, rape, violent robberies, extortion, among others—as well as unenumerated felonies, that is, any state and federal 10-year felony that involves the fact or risk of physical violence. The qualifying serious drug offenses are those punishable by imprisonment for 10 years or more under state or federal law. The section creates an exemption where defendants can prove that an otherwise qualifying conviction involved neither the fact nor risk of injury. Defendants have regularly challenged the constitutionality of the section and whether their felony convictions constitute convictions for qualified offenses. The question of when a felony should be considered an unenumerated serious violent felony has proven perplexing, but recent Supreme Court construction of the term in another context may be illuminating. The Court has said in Johnson, Chambers, and Begay that for purposes of the Armed Career Criminal Act (ACCA) a violent felony is one that involves the purposeful, aggressive use of force, capable of inflicting physical pain or injury upon another. Constitutional challenges have been to no avail, at least thus far. Defendants have argued without success (1) that requiring the defendant to prove to a judge by clear and convincing evidence, the inapplicability of an injury free conviction offends the due process and jury trial principles identified in Apprendi and its progeny; (2) that the section results in the imposition of cruel and unusual punishment in violation of the Eighth Amendment; (3) that the mandatory sentencing provision impermissibly intrudes upon the constitutional prerogatives of the federal courts in violation of the separation of powers doctrine; (4) that application of the section results in punishment for prior convictions in violation of the double jeopardy clause of the Fifth Amendment, and in some instances of the constitutional prohibition on ex post facto laws; and (5) that, under some circumstances, application of the section constitutes a violation of the equal protection component of the due process clause of the Fifth Amendment. The text of section 3559(c) is appended.

Oct 22, 2010

501(c)(4) Organizations and Campaign Activity: Analysis Under Tax and Campaign Finance Laws

Oct 21, 2010

Small Business Administration HUBZone Program

The Small Business Administration (SBA) administers several programs to support small businesses, including the Historically Underutilized Business Zone Empowerment Contracting (HUBZone) program. The HUBZone program is a small business federal contracting assistance program "whose primary objective is job creation and increasing capital investment in distressed communities." This report examines the arguments presented both for and against targeting assistance to geographic areas with specified characteristics, such as low income, high poverty, or high unemployment, as opposed to providing assistance to people or businesses with specified characteristics. It then assesses the arguments presented both for and against the creation and continuation of the HUBZone program.

Oct 15, 2010

Agriculture-Based Biofuels: Overview and Emerging Issues

This report reviews the evolution of the U.S. biofuels sector and the role that federal policy has played in shaping its development. In addition, it highlights emerging issues that are critical to the biofuels sector and of relevance to Congress.

Oct 14, 2010

Financial Services and General Government (FSGG): FY2011 Appropriations

This report discusses the Financial Services and General Government (FSGG) FY2011 appropriations bill, which includes funding for the Department of the Treasury, the Executive Office of the President (EOP), the judiciary, the District of Columbia, and 26 independent agencies, including the Small Business Administration and the United States Postal Service.

Oct 14, 2010

Armed Career Criminal Act (18 U.S.C. 924(e)): An Overview

This report briefly explores the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), which requires imposition of a minimum 15-year term of imprisonment for recidivists convicted of unlawful possession of a firearm under 18 U.S.C. 922(g). Section 924(e) applies only to those defendants who have three prior state or federal convictions for violent felonies or serious drug offenses. The report includes descriptions of constitutional challenges to the application of section 924(e), which have been generally unsuccessful.

Oct 13, 2010

Child Nutrition and WIC Reauthorization: Issues and Legislation in the 111th Congress

Oct 12, 2010

Legal Protections for Subcontractors on Federal Prime Contracts

This report provides an overview of the payment and other protections for subcontractors on certain federal prime contracts under the Miller Act, the 1988 amendments to the Prompt Payment Act, and the Small Business Act. Congress enacted these statutes to give subcontractors rights and remedies they would not otherwise have because of legal doctrines relating to sovereign immunity, privity of contract, and freedom to contract. The report also discusses legislation introduced in the 111th Congress that would provide additional protections for subcontractors.

Oct 6, 2010

Burma's 2010 Election Campaign: Issues for Congress

Burma is to hold its first parliamentary elections in 20 years on November 7, 2010. The polls raise questions about U.S. policy towards the Burmese regime, coming in the context of two decades of largely isolationist U.S. policy towards Burma. Some argue that these elections, even if far from free and fair, offer a limited opportunity for political change, even if evolutionary. Others believe that the ruling junta's restrictions on electoral activity thus far demonstrate that it has little interest in democracy or in loosening its repressive policies. These considerations weigh deeply in policy debates over sanctions and engagement with the regime—debates in which Congress has had a strong voice over the past two decades. In 1990, the last time nationwide parliamentary elections were held in Burma, the National League for Democracy (NLD), led by prominent opposition leader Aung San Suu Kyi, won a stunning and unexpected victory. The junta's subsequent refusal to seat the newly elected parliament and its arrest of Aung San Suu Kyi were widely condemned internationally, and led to the imposition of numerous U.S. and international sanctions against the regime. This time, the circumstances surrounding the elections have been controversial from the start. The Obama Administration has repeatedly stated that it does not foresee the elections being free and fair, and the outcome will not be a genuine reflection of the will of the people of Burma. Some members of Congress have also expressed skepticism that Burma's impending elections will be a true expression of democracy. Most observers feel that by various means and methods, the ruling military junta, the State Peace and Development Council (SPDC) and the Union Election Commission (UEC) are conspiring to ensure that the pro-junta political parties will win most of the 1,163 seats at stake. Preliminary information on the number of proposed candidates submitted by each of the political parties indicate that it would take a virtual election sweep by their candidates for the opposition parties to win a majority. The opposition parties are particularly weak in many of the state and regional parliamentary elections; an exception is in states where ethnic minorities are a large percentage of the population. Thus, it is more likely that the pro-junta parties will win a majority of the seats on November 7. The UEC has approved 37 parties to participate in the elections, but on September 14 it announced that several political parties—including Aung San Suu Kyi's NLD—were officially dissolved. The formal campaign period for the parliamentary elections began on September 24, 2010. There have been accusations of irregularities in the campaign process, including decisions by the UEC to reject the broadcasting of some party statements, undue restrictions on campaign rallies, and intimidation of opposition party members. The SPDC has also arrested Buddhist monks and students advocating boycotting the elections. The Obama Administration reportedly is considering the imposition of additional sanctions on Burma, in part because of the manner in which the SPDC is conducting the election. The Administration is also backing calls for the creation of a U.N. Commission of inquiry into crimes against humanity and war crimes in Burma. Ten other nations have also backed the creation of the U.N. Commission. Under current federal law, President Obama has the authority to impose certain types of financial sanctions without seeking approval from Congress. However, he must inform Congress if and when he imposes new sanctions.

Oct 6, 2010

Biomass Feedstocks for Biopower: Background and Selected Issues

The production of bioenergy - renewable energy derived from biomass - could potentially increase national energy security, reduce greenhouse gas emissions, and contribute to rural economic growth. This report provides analyses of commonly discussed biomass feedstocks and their relative potential for power generation. Additional biopower issues - feedstock accessibility, the biomass power plant carbon-neutrality debate, and unintended consequences of legislative activities to promote bioenergy - are also discussed.

Oct 6, 2010

Small Business Administration 504/CDC Loan Guaranty Program

Oct 4, 2010

Veterans Benefits: Current Life Insurance Programs

Sep 30, 2010

Previewing the Next Farm Bill: Unfunded and Early-Expiring Provisions

Sep 29, 2010

North Korea: Legislative Basis for U.S. Economic Sanctions

This report discusses the economic sanctions the United States imposes on North Korea for activities related to weapons proliferation, destabilizing the region, anti-terrorism, and undemocratic governance.

Sep 29, 2010

Child Well-Being and Noncustodial Fathers

Sep 28, 2010

Trade Preferences: Economic Issues and Policy Options

Since 1974, Congress has created multiple trade preference programs designed to foster economic growth and development in less developed countries. Congress conducts regular oversight of these programs, often revising and extending them. This report discusses the major U.S. trade preference programs, their possible economic effects, stakeholder interests, and legislative options.

Sep 24, 2010

The Freedom of Information Act and Nondisclosure Provisions in Other Federal Laws

Congress continues to consider how to balance the federal government’s growing need for sensitive or confidential business information, the public’s right of access to information about government activities, and the private sector’s interest in keeping its sensitive or proprietary information protected from public disclosure. In enacting the Freedom of Information Act (FOIA), 5 U.S.C. § 552, Congress sought to balance the right of the public to know and the need of the government to protect certain information. FOIA’s broad provisions favoring disclosure, coupled with the specific exemptions, represent the balance Congress achieved. The federal FOIA is an information access statute enacted in 1966 that applies to agency records of the executive branch of the federal government. FOIA requires that certain types of records be published in the Federal Register, that certain types of records be made available for public inspection and copying, and that all other records be subject to request in writing. Exemption 3 of FOIA provides that in order for a federal law other than FOIA to qualify as a withholding statute, it must require that information be withheld or permit information to be withheld by particular statutory criteria or permit information to be withheld based upon a statutory reference to particular types of information and must specifically cite to Exemption 3. Courts have taken different approaches over whether the withholding criteria in nondisclosure statutes should be construed narrowly, consistent with FOIA’s strong preference for disclosure, or broadly, consistent with the deferential standards of administrative law. Congress has enacted legislative exemptions from FOIA to provide assurance that private information submitted to government agencies will not be disclosed or will only be disclosed in limited situations. Generally, the legislation has exempted covered information from disclosure under FOIA. Congress has recognized that some situations do not fall within FOIA’s framework. The proliferation of legislative exemptions from FOIA has resulted in widespread concern that information that needs to be shared will be inappropriately withheld. To respond to these concerns, Congress enacted the OPEN FOIA Act of 2009, P.L. 111-83, which requires that when Congress provides for a statutory exemption to FOIA, Congress must state its intention clearly. During the 111th Congress, two legislative exemptions from FOIA have been particularly controversial. The first, The Protected National Security Documents Act of 2009, Section 565 of P.L. 111-83, was enacted in response to litigation under FOIA to obtain photographs depicting the alleged mistreatment of detainees in Iraq and Afghanistan. The second, a provision in the Dodd-Frank Wall Street Reform and Consumer Protection Act, Section 929I of P.L. 111-203, grants an exemption from FOIA to the Securities and Exchange Commission (SEC) for certain information received from entities it regulates, or information used for other regulatory and oversight activities. The House Financial Services Committee held a hearing on September 16, 2010, on the Dodd-Frank FOIA exemption. The Senate passed S. 3717, sponsored by Senator Leahy, by unanimous consent on September 21, 2010. S. 3717 struck Section 929I of the Dodd-Frank Act, and expressly provides that for purposes of Exemption 8 of the FOIA, the SEC is an agency responsible for the regulation or supervision of financial institutions; and any entity for which the commission is responsible for regulating, supervising, or examining is a financial institution. Exemption 8 provides that FOIA does not apply to matters contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions. The House passed S. 3717 on September 23, 2010. This report will be updated as warranted.

Sep 24, 2010

Food Safety in the 111th Congress

This report discusses whether the current food safety system has the resources, authority, and structural organization to safeguard the health of American consumers, who spend more than $1 trillion on food each year. Also at issue is whether federal food safety laws, first enacted in the early 1900s, have kept pace with the significant changes that have occurred in the food production, processing, and marketing sectors since then.

Sep 23, 2010

American Jihadist Terrorism: Combating a Complex Threat

Between May 2009 and August 2010, arrests were made for 19 "homegrown," jihadist-inspired terrorist plots by American citizens or legal permanent residents of the United States. The apparent spike in such activity after May 2009 suggests that at least some Americans - even if a tiny minority - continue to be susceptible to ideologies supporting a violent form of jihad. This report describes homegrown violent jihadists and the plots and attacks that have occurred since 9/11. This report also provides official definitions for terms such as "homegrown," "jihadist," and "violent jihadist." The report also discusses the radicalization process and the forces driving violent extremist activity. It analyzes post-9/11 domestic jihadist terrorism, describes law enforcement and intelligence efforts to combat terrorism and the challenges associated with those efforts. It also outlines actions underway to build trust and partnership between community groups and government agencies and the tensions that may occur between law enforcement and engagement activities.

Sep 20, 2010

Authority of State and Local Police to Enforce Federal Immigration Law

This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly, analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice.

Sep 17, 2010

Statutory Damage Awards in Peer-to-Peer File Sharing Cases Involving Copyrighted Sound Recordings: Recent Legal Developments

Sep 16, 2010

Rules and Practices Governing Consideration of Revenue Legislation in the House and Senate

This report provides an overview and analysis of the most consequential revenue-specific rules that apply during the process of developing and considering revenue legislation.

Sep 14, 2010

Criminal Prohibitions on the Publication of Classified Defense Information

The recent online publication of classified defense documents by the organization Wikileaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals.

Sep 10, 2010

Discretionary Funding in the Patient Protection and Affordable Care Act (PPACA)

Sep 2, 2010

Veterans' Benefits: Burial Benefits and National Cemeteries

This report provides a descriptive analysis of both nonmonetary and monetary burial benefits and national cemeteries. This report addresses congressional and constituent issues such as who is eligible to receive burial benefits; who can be buried in a national cemetery; what plans does the Department of Veterans Affairs have to build new or expand existing national cemeteries; and what benefits does the VA provide, among others.

Aug 30, 2010

The Dodd-Frank Wall Street Reform and Consumer Protection Act: Title VII, Derivatives

Aug 30, 2010

The Dodd-Frank Wall Street Reform and Consumer Protection Act: Systemic Risk and the Federal Reserve

The recent financial crisis contained a number of systemic risk episodes, or episodes that caused instability for large parts of the financial system. The lesson some policymakers have taken from this crisis is that a systemic risk or “macroprudential” regulator is needed to prevent similar episodes in the future. But what types of risk would this new regulator be tasked with preventing, and is it the case that those activities are currently unsupervised? Some of the major financial market phenomena that have been identified as posing systemic risk include liquidity problems; “too big to fail” or “systemically important” firms; the cycle of rising leverage followed by rapid deleverage; weaknesses in payment, settlement, and clearing systems; and asset bubbles. At the time of the crisis, the Federal Reserve (Fed) already regulated bank holding companies and financial holding companies for capital and liquidity requirements, and it could influence their behavior in markets that it did not regulate. In addition, the Fed directly regulated or operated in some payment, settlement, and clearing systems. Many systemically significant firms are already regulated by the Fed because they are bank holding companies, although some may exist in what is referred to as the shadow banking system, which was largely free of federal regulation for safety and soundness. The Fed’s monetary policy mandate was broad enough to allow it to prick asset bubbles, although it has not chosen to do so. Neither the Board of Governors of the Federal Reserve System (Fed) nor other existing regulators had the authority to address gaps in existing regulation that they believed pose systemic risk. Opponents of giving regulators new systemic risk responsibilities argue that the crisis did not occur because regulators lacked the necessary authority to prevent it, but because they used their authority poorly and failed to identify systemic risk until it was too late. They fear that greater regulation of financial markets will lead to moral hazard problems that increase systemic risk. The recent crisis has demonstrated that government intervention may become unavoidable, however, even when firms or markets are not explicitly regulated or protected by the government. The Dodd-Frank Wall Street Reform and Consumer Protection Act (H.R. 4173, P.L. 111-203) was signed into law on July 21, 2010. Provisions of this legislation involving the Federal Reserve and systemic risk are discussed in this report. The act creates a Financial Stability Oversight Council (Council) to identify (but not rectify) emerging threats and regulatory gaps. It authorizes the Fed to regulate systemically significant firms identified by the Council for safety and soundness. If the Secretary of the Treasury believes that a failure of a firm would threaten financial stability, the firm can be placed in receivership. It prohibits banks from engaging in proprietary trading, limits their ability to invest in hedge funds and private equity funds, and authorizes the Fed to regulate those activities at systemically significant firms. It also authorizes the Fed to regulate certain payment, clearing, or settlement systems identified as systemically significant by the Council. To prevent assistance to failing firms, it limits the Fed’s authority to lend to non-banks in emergencies and requires more oversight and disclosure of Federal Reserve activities. It imposes minimum capital requirements on a greater array of institutions and calls for capital requirements to be made counter-cyclical. It attempts to move more derivatives into clearinghouses and exchanges. Although the act could be portrayed as an expansion of the Fed’s powers, the legislation also strips the Fed of certain powers, such as consumer financial protection responsibilities, and creates new checks on other powers, such as requirements to obtain approval from the Council or the Treasury Secretary before undertaking certain decisions.

Aug 27, 2010

Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials

On June 1, 2010, the U.S. Supreme Court decided unanimously in Samantar v. Yousef that the Foreign Sovereign Immunities Act (FSIA), which governs the immunity of foreign states in U.S. courts, does not apply in suits against foreign officials. This report provides an overview of the FSIA, followed by a consideration of the remaining options for foreign officials who seek immunity from lawsuits, as well as some of the questions that may emerge from each option. The report also addresses legislation that would affect the immunity of foreign officials, including S. 2930.

Aug 24, 2010

Contract Types: An Overview of the Legal Requirements and Issues

This report provides an overview of the various contract types (e.g., fixed-price, cost-reimbursement) used in federal procurement and the legal requirements and issues pertaining to each. Current congressional and public interest in contract types is, in part, an outgrowth of the reported increase in the use of cost-reimbursement contracts during the George W. Bush Administration and the Obama Administration's proposal to reduce by at least 10% the funds obligated by "high risk-contracting authorities," such as cost-reimbursement, time-and-materials, and labor-hour contracts, in FY2010.

Aug 24, 2010

Reducing SNAP (Food Stamp) Benefits Provided by the ARRA: P.L. 111-226 & S. 3307

Aug 20, 2010