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Flag Protection: A Brief History and Summary of Supreme Court Decisions and Proposed Constitutional Amendments: This report is divided into two parts. The first gives a brief history of the flag protection issue, from the enactment of the Flag Protection Act in 1968 through current consideration of a constitutional amendment. The second part briefly summarizes the two decisions of the United States Supreme Court, Texas v. Johnson and United States v. Eichman, that struck down the state and federal flag protection statutes as applied in the context punishing expressive conduct.
Water Infrastructure Financing: History of EPA Appropriations: The principal federal program to aid municipal wastewater treatment plant construction is authorized in the Clean Water Act (CWA). In appropriations legislation, funding for EPA (Environmental Protection Agency) wastewater assistance is contained in the measure providing funds for the Department of the Interior, Environment, and Related Agencies. This report summarizes, in chronological order, congressional activity to fund items in the State and Tribal Assistance Grants (STAG) account since 1987.
Cybercrime: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws: The federal computer fraud and abuse statute, 18 U.S.C. 1030, outlaws conduct that victimizes computer systems. It is a cyber security law. It protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills cracks and gaps in the protection afforded by other federal criminal laws. This is a brief sketch of Section 1030 and some of its federal statutory companions, including the amendments found in the Identity Theft Enforcement and Restitution Act.
The Army Corps of Engineers' Nationwide Permits Program: Issues and Regulatory Developments: Congressional interest in wetlands permit regulatory programs has been evident in the past in oversight hearings and in connection with bills to fund the Corps' regulatory programs. For some time, there has been a stalemate over legislation that would revise wetlands regulatory law and that could, if enacted, modify the nationwide permit program. During this time, no consensus has emerged on whether or how to reform overall wetlands policy legislatively. Recently, Obama Administration initiatives and actions intended to restrict harmful effects of surface coal mining activities in Appalachia have drawn congressional attention and criticism that is likely to continue in the 112th Congress and that could include oversight of the Corps' regulatory program generally.
The Army Corps of Engineers' Nationwide Permits Program: Issues and Regulatory Developments: Permits issued by the U.S. Army Corps of Engineers authorize various types of development projects in wetlands and other waters of the United States. The Corps' regulatory process involves two types of permits: general permits for actions by private landowners that are similar in nature and will likely have a minor effect on wetlands, and individual permits for more significant actions. The Corps uses general permits to minimize the burden of its regulatory program: they authorize landowners to proceed with a project without the time-consuming need to obtain standard individual permits in advance. About 90% of the Corps' regulatory workload is processed in the form of general permits.
Federal Employees' Retirement System: Benefits and Financing: Most civilian federal employees who were hired before 1984 are covered by the Civil Service Retirement System, and contribute 7.0% of their pay to a retirement fund. Federal employees hired in 1984 or later are covered by the Federal Employees' Retirement System and contribute 0.8% of their pay to a retirement fund. Both require participants to contribute toward the cost of their pensions through a payroll tax. The taxable wage base is $106,800 in 2010. This report discusses both retirement funds.
Federal Employees' Retirement System: Benefits and Financing: Most civilian federal employees who were hired before 1984 are covered by the Civil Service Retirement System, and contribute 7.0% of their pay to a retirement fund. Federal employees hired in 1984 or later are covered by the Federal Employees' Retirement System and contribute 0.8% of their pay to a retirement fund. Both require participants to contribute toward the cost of their pensions through a payroll tax. The taxable wage base is $106,800 in 2011. This report discusses both retirement funds.
Federal Employees' Retirement System: Benefits and Financing: Most civilian federal employees who were hired before 1984 are covered by the Civil Service Retirement System, and contribute 7.0% of their pay to a retirement fund. Federal employees hired in 1984 or later are covered by the Federal Employees' Retirement System and contribute 0.8% of their pay to a retirement fund. Both require participants to contribute toward the cost of their pensions through a payroll tax. The taxable wage base is $110,100 in 2012. This report discusses both retirement funds.
Federal Employees' Retirement System: Summary of Recent Trends: This report describes recent trends in the number of civil service annuitants and the financial status of the Civil Service Retirement and Disability Fund.
A U.S.-centric Chronology of the International Climate Change Negotiations: The Copenhagen conference in December 2009 achieved only mandates to continue negotiating toward the next Conference of the Parties (COP) to be held in Mexico City in December 2010. As a background to these proceedings, this document provides a U.S.-centric chronology of the international policy deliberations to address climate change from 1979-2009. Negotiations underway since 2007 have run on two tracks, the Kyoto Protocol the Convention under the Bali Action Plan. Many in the U.S. Congress are concerned with the goals and obligations that a treaty or other form of agreement might embody. For U.S. legislators, additional issues include the compatibility of any international agreement with U.S. domestic policies and laws; the adequacy of appropriations, fiscal measures, and programs to achieve any commitments under the agreement; and the desirable form of the agreement and related requirements, with a view toward potential Senate ratification of the agreement and federal legislation to assure that U.S. commitments are met.
A U.S.-centric Chronology of the International Climate Change Negotiations: The United States is a Party to the United Nations Framework Convention on Climate Change (UNFCCC), but not to its subsidiary Kyoto Protocol. Negotiations under way since 2007 have run on two tracks: one under the Kyoto Protocol, to extend commitments of developed parties beyond 2012, and the second track under the UNFCCC, regarding commitments for all Parties. Both tracks convened in Copenhagen, Denmark, in 2009 under a deadline to agree on steps to address climate change beyond 2012. As background for congressional deliberations, this document provides a U.S.-centric chronology of international climate change policy from 1979 to 2010. This chronology identifies selected external events and major multilateral meetings that influence both the current legal and institutional arrangements, and the contentious choices about future international cooperation.
Burma's Political Prisoners and U.S. Sanctions: The installation of the Union Government in 2011 and the undertaking of initial reforms have raised the prospects for the resumption of a democratically elected civilian government in Burma after five decades of military rule. The release of Burma's political prisoners has a central role in U.S. policy and Burma's political future. Many of the U.S. sanctions on Burma were implemented after Burma's ruling military junta suppressed protests and detained many political prisoners. In addition, the removal of many of the existing U.S. sanctions requires the release of all political prisoners in Burma.
Hydraulic Fracturing and the National Environmental Policy Act (NEPA): Selected Issues: This report provides an overview of two situations in which agencies are arguing that they do not need to conduct a comprehensive environmental review of hydraulic fracturing under the National Environmental Policy Act (NEPA).
Clean Energy Standard: Summary and Analysis of S. 2146: U.S. policymakers have considered and deliberated on several policy designs that could potentially reduce energy-related carbon emissions. In his 2011 State of the Union address, President Obama proposed the concept of a Clean Energy Standard (CES) that would result in 80% of U.S. electricity generation from clean energy sources by 2035. In March of 2012, the Clean Energy Standard Act of 2012 (S. 2146) was introduced in the Senate.
Federal Statutes: What They Are and Where to Find Them: After providing an overview on the basics of federal statutes, this report gives guidance on where federal statutes, in their various forms, may be located in print and on the Internet.
Racial Profiling: Legal and Constitutional Issues: Racial profiling is the practice of targeting individuals for police or security detention based on their race or ethnicity in the belief that certain minority groups are more likely to engage in unlawful behavior. Examples of racial profiling by law enforcement agencies suggest that minorities are disproportionately the subject of security-related practices. The issue has periodically attracted congressional interest and several courts have considered the constitutional ramifications of the practice as an "unreasonable search and seizure" under the Fourth Amendment and, more recently, as a denial of the Fourteenth Amendment's equal protection guarantee. A variety of federal and state statutes provide potential relief to individuals who claim that their rights are violated by race-based law enforcement practices and policies.
Same-Sex Marriages: Legal Issues: The recognition of same-sex marriages generates debate on both the federal and state levels. Variations in state law on the issue raise questions about the validity of such unions outside the contracted jurisdiction and have bearing on the distribution of federal benefits. This report discusses the Defense of Marriage Act (DOMA) and it's legal challenges. It reviews legal principles applied to determine the validity of a marriage contracted in another state and surveys the various approaches employed by states to enable or to prevent same-sex marriage. The report also examines House and Senate resolutions introduced in previous Congresses proposing a constitutional amendment and limiting federal courts' jurisdiction to hear or determine any question pertaining to the interpretation of DOMA.
Federal Civil Rights Statutes: A Primer: Under federal law, an array of civil rights statutes are available to protect individuals from discrimination. This report provides a brief summary of selected federal civil rights statutes.
Temporary Protected Status: Current Immigration Policy and Issues: When civil unrest, violence, or natural disasters erupt in spots around the world, concerns arise over the safety of foreign nationals residing in the United States who are from these troubled places. Provisions exist in the Immigration and Nationality Act (INA) to offer temporary protected status (TPS) or relief from removal under specified circumstances. A foreign national who is granted TPS receives a registration document and an employment authorization for the duration of TPS. The United States currently provides TPS or deferred enforced departure (DED) to over 300,000 foreign nationals from a total of eight countries: El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, and most recently Southern Sudan and Syria.
Iran Sanctions: The objective of sanctions may be on its way to achievement but has not been accomplished to date. U.S. officials believe that these sanctions caused Iran to return to the nuclear bargaining table in April 2012 with greater seriousness and intent toward peaceful resolution. Despite the imposition of what many now consider to be "crippling" sanctions, some in Congress believe that economic and diplomatic pressure on Iran needs to increase further and faster. In the 112th Congress, legislation would enhance both the economic sanctions and human rights-related provisions of a previous Iran sanctions laws However, movement on new sanctions might be on hold pending the outcome of a second round of nuclear talks slated for May 23 in Baghdad.
Iran Sanctions: This report focuses on the United States' relationship with Iran and how the Obama Administration is handling prior administration's economic sanctions against Iran. The Obama Administration's policy approach toward Iran has contrasted with the Bush Administration's by attempting to couple the imposition of sanctions to an active and direct U.S. effort to negotiate with Iran on the nuclear issue. That approach was not initially altered because of the Iranian dispute over its June 12, 2009, elections. However, with subsequent negotiations yielding no firm Iranian agreement to compromise, since early 2010 the Administration has focused on achieving the imposition of additional U.N., U.S., and allied country sanctions whose cumulative effect would be to compel it to accept a nuclear bargain.
Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court: The initiation of military commission proceedings against Khalid Sheik Mohammad and four others for their alleged involvement in the 9/11 terrorist attacks has focused renewed attention on the differences between trials in federal court and those conducted by military commission. This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a chart comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.
Federal Agency Actions Following the Supreme Court's Climate Change Decision in Massachusetts v. EPA: A Chronology: This report offers a chronology of major federal agency actions, mainly by EPA, that involve GHGs or climate change and that occurred in the wake of Massachusetts v. EPA, a ruling that greenhouse gases are "air pollutants" via the Clean Air Act. As such, they are not under the EPA's jurisdiction.
EPA Regulations: Too Much, Too Little, or On Track?: This report examines 40 major or controversial regulatory actions taken by or under development at EPA since January 2009, providing details on the regulatory action itself, presenting an estimated timeline for completion of the rule and provides the EPA's estimates of costs and benefits where available. It provides background information on recent EPA regulatory activity to help address issues raised by this activity, as well as factors that will affect the timeframe in which these regulations will take place.
Federal Employees' Retirement System: Benefits and Financing: Report discussing the retirement systems in place for federal employees. Most civilian federal employees who were hired before 1984 are covered by the Civil Service Retirement System, and contribute 7.0% of their pay to a retirement fund. Federal employees hired in 1984 or later are covered by the Federal Employees' Retirement System and contribute 0.8% of their pay to a retirement fund. Both require participants to contribute toward the cost of their pensions through a payroll tax. The taxable wage base is $110,100 in 2012. This report discusses both retirement funds.
U.S. Sanctions on Burma: This report provides a brief history of U.S. policy towards Burma and the development of U.S. sanctions, a topical summary of those sanctions, and an examination of additional sanctions that have been considered, but not enacted, by Congress, or that could be imposed under existing law or executive orders. The report concludes with a discussion of options for Congress.
Military Justice: Courts-Martial, An Overview: Recent high profile military-related cases involving U.S. armed forces in Afghanistan, including the deadly attack on Afghan civilians allegedly by a service member, the accidental burning of the Quran, and service members allegedly urinating on Afghan corpses, have resulted in increased public and congressional interest in military discipline and the military justice system. The Uniform Code of Military Justice (UCMJ) authorizes three types of courts-martial: (1) summary court-martial; (2) special court martial; and (3) general court-martial. Depending on the severity of the alleged offense, the accused's commanding officer enjoys great discretion with respect to the type of court-martial to convene. This report discusses the court martial procedure in further detail.
U.S. Defense Articles and Services Supplied to Foreign Recipients: Restrictions on Their Use: In accordance with United States law, the U.S. Government places conditions on the use of defense articles and defense services transferred by it to foreign recipients. Violation of these conditions can lead to the suspension of deliveries or termination of the contracts for such defense items, among other things. This report covers the details and meanings of these reports.
Tribal Criminal Jurisdiction over Non-Indians in the Violence Against Women Act (VAWA) Reauthorization and the SAVE Native Women Act: A report looking at incidences of violence against women of American Indian ethnicity in relation to legal jurisdiction. American Indians experience violent crimes at a rate much higher than the general population. This trend carries over to domestic violence: American Indian women experience domestic and dating violence at more than twice the rate of non-Indian women. Most of this violence involves an offender of a different race. This fact creates a jurisdictional problem because tribal courts do not have criminal jurisdiction over crimes committed within the tribe's jurisdiction by non-Indians.
Unauthorized Alien Students: Issues and "DREAM Act" Legislation: The 109th and 110th Congresses considered, but did not enact, comprehensive immigration reform legislation that included large-scale legalization programs for unauthorized aliens. In the aftermath of these unsuccessful efforts, some interested parties have urged the President and Congress to pursue more limited legislation to address the status of unauthorized alien students. Such legislation is commonly referred to as the "DREAM Act."
Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure: This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. In addition, the report discusses both non-constitutional and constitutionally based limitations on the power. Finally, the report includes a discussion of the significance of the House Judiciary Committee dispute with the White House over the dismissal of several U.S. Attorneys that resulted in votes for criminal contempt of Congress and the United States District Court opinion in Committee on the Judiciary v. Miers.
Biomass: Comparison of Definitions in Legislation Through the 111th Congress: The use of biomass as an energy feedstock is emerging as a potentially viable alternative to address U.S. energy security concerns, foreign oil dependence, rural economic development, and diminishing sources of conventional energy. Biomass (organic matter that can be converted into energy) may include food crops, crops for energy, crop residues, wood waste and byproducts, and animal manure. Most legislation involving biomass has focused on encouraging the production of liquid fuels from corn. For over 30 years, the term biomass has been a part of legislation enacted by Congress for various programs, indicating some interest by the general public and policymakers in expanding its use. To aid understanding of why U.S. consumers, utility groups, refinery managers, and others have not fully adopted biomass as an energy resource, this report investigates the characterization of biomass in legislation.
Burma's Political Prisoners and U.S. Sanctions: The installation of the Union Government in 2011 and the undertaking of initial reforms have raised the prospects for the resumption of a democratically elected civilian government in Burma after five decades of military rule. The release of Burma's political prisoners has a central role in U.S. policy and Burma's political future. Many of the U.S. sanctions on Burma were implemented after Burma's ruling military junta suppressed protests and detained many political prisoners. In addition, the removal of many of the existing U.S. sanctions requires the release of all political prisoners in Burma.
Federal Research and Development Funding: FY2013: This report summarizes budgetary decisions relating to research and development funding for FY2013.
The U.S. Postal Service's Use of Contractors to Deliver Mail: Background and Recent Developments: Currently, the U.S. Postal Service (USPS) is collectively bargaining with the National Association of Letter Carriers (NALC) and National Rural Letter Carriers Association (NRLCA). One issue that may or may not be settled is the Postal Service's use of non-USPS employees (i.e., contractors) to deliver mail. If the parties cannot come to a satisfactory arrangement, Congress may be approached to consider the matter.
Nominations to U.S. Circuit and District Courts by President Obama During the 111th and 112th Congresses: Recent Senate debates in the 112th Congress over judicial nominations have focused on issues such as the relative degree of success of President Barack Obama's nominees in gaining Senate confirmation (compared with other recent Presidents) as well as the effect of delayed judicial appointments on judicial vacancy levels. The following report addresses these issues, and others, by providing a statistical overview of President Obama's nominees to U.S. circuit court of appeals and U.S. district court judgeships, current through May 31, 2012.
Mexican Migration to the United States: Policy and Trends: History and geography have given Mexico a unique status in the U.S. immigration system, and have made the Mexico-U.S. migration flow the largest in the world. Mexicans are the largest group of U.S. migrants across most types of immigration statuses—a fact that may have important implications for how Congress makes U.S. immigration policy. This report reviews the history of immigration policy and migration flows between the countries and the demographics of Mexicans within the United States. It also analyzes contemporary issues in U.S. immigration policy and the impact Mexico may have on U.S. immigration outcomes.
War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution: This report summarizes the eight cases initiated by Members of Congress in which final rulings were reached, which concerned U.S. military activities in El Salvador, Nicaragua, and Grenada; military action taken during the Persian Gulf conflict between Iraq and Iran; U.S. activities in response to Iraq's invasion of Kuwait (prior to the congressional authorization); U.S. participation in NATO's action in Kosovo and Yugoslavia; and U.S. military action in Libya.
Pay Equity Legislation: This report gives an overview of "pay equity," a term referring to the fact that women as a group are paid less than men. It includes the history of pay equity, legal and legislative background, and recent legislation.
Same-Sex Marriages: Legal Issues: This report discusses Defense of Marriage Act (DOMA) and legal challenges to it. It reviews legal principles applied to determine the validity of a marriage contracted in another state and surveys the various approaches employed by states to enable or to prevent same-sex marriage. The report also examines House and Senate resolutions introduced in previous Congresses proposing a constitutional amendment and limiting federal courts' jurisdiction to hear or determine any question pertaining to the interpretation of DOMA.
Iran: U.S. Concerns and Policy Responses: The Obama Administration identifies Iran as a major threat to U.S. national security interests. The sense of imminent crisis with Iran which greeted the beginning of 2012 follows three years in which the Obama Administration first offered Iran's leaders consistent and sustained engagement in exchange for limits to its nuclear program but, since 2010, has emphasized pressuring Iran through economic sanctions. This report discusses the effects of economic sanctions against Iran; support to the Iranian democracy movement; and opposition against Iranian human rights violations and Iranian support for Syrian human rights violations.
The Federal Communications Commission: Current Structure and Its Role in the Changing Telecommunications Landscape: The report discusses the Federal Communications Commission (FCC)-Related Congressional Actions in the 112th Congress. The policymakers, including some in Congress, have long called for varying degrees and types of reform to the FCC. Most proposals fall into two categories: (1) procedural changes made within the FCC or through congressional action that would affect the agency's operations or (2) substantive policy changes requiring congressional action that would affect how the agency regulates different services and industry sectors
Community Oriented Policing Services (COPS): Background and Funding: The Community Oriented Policing Services (COPS) program was created by Title I of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322). The mission of the COPS program is to advance community policing in all jurisdictions across the United States. Legislation introduced in the 111th Congress would reauthorize the COPS program through FY2014 and reestablish COPS as a multi-grant program. This report provides an overview and analysis of issues Congress might choose to consider when taking up legislation to reauthorize the COPS program.
Presidential Signing Statements: Constitutional and Institutional Implications: Presidential signing statements are official pronouncements issued by the President contemporaneously to the signing of a bill into law that, in addition to commenting on the law generally, have been used to forward the President's interpretation of the statutory language; to assert constitutional objections to the provisions contained therein; and, concordantly, to announce that the provisions of the law will be administered in a manner that comports with the administration's conception of the President's constitutional prerogatives. This report focuses on the use of signing statements by recent administrations, with particular emphasis on the Administrations of George W. Bush and Barack Obama.
Iran Sanctions: This report focuses on the United States' relationship with Iran and how the Obama Administration is handling prior administration's economic sanctions against Iran. The Obama Administration's policy approach toward Iran has contrasted with the Bush Administration's by attempting to couple the imposition of sanctions to an active and direct U.S. effort to negotiate with Iran on the nuclear issue. That approach was not initially altered because of the Iranian dispute over its June 12, 2009, elections. However, with subsequent negotiations yielding no firm Iranian agreement to compromise, since early 2010 the Administration has focused on achieving the imposition of additional U.N., U.S., and allied country sanctions whose cumulative effect would be to compel it to accept a nuclear bargain.
Iran Sanctions: This report gives an overview of the U.S. sanctions in place on Iran and legislation that would enhance both the economic sanctions and human rights-related provisions of CISADA and other laws. It also discusses the measures that the United Nations and others have enacted against Iran and the effects of the sanctions.
Permanent Normal Trade Relations (PNTR) Status for Russia and U.S.-Russian Economic Ties: The change in Russia's trade status will require legislation to lift the restrictions of Title IV of the Trade Act of 1974 as they apply to Russia, which includes the “freedom-of-emigration” requirements of the Jackson-Vanik amendment. The process for Russia's accession has been completed. As a result, Members of the 112th Congress confront the issue of whether to grant Russia permanent normal trade relations (PNTR).
Permanent Normal Trade Relations (PNTR) Status for Russia and U.S.-Russian Economic Ties: This report discusses the issues surrounding whether or not the U.S. should grant Russia permanent normal trade relations (PNTR) following its accession into the World Trade Organization (WTO). The change in Russia's trade status will require legislation to lift the restrictions of Title IV of the Trade Act of 1974 as they apply to Russia, which includes the "freedom-of-emigration" requirements of the Jackson-Vanik amendment.
Abortion Services and Military Medical Facilities: The purpose of this report is to describe and discuss the provisions for providing abortion services to military personnel, their dependents, and other military health care beneficiaries at military medical facilities. The report describes the history of these provisions, with particular emphasis on legislative actions. Finally, this report discusses a number of proposals to modify the law, as well as other related legislative and administrative actions.
Changes in the Arctic: Background and Issues for Congress: This report gives an overview of the situation in the Arctic region. The diminishment of Arctic sea ice has led to increased human activities in the Arctic, and has heightened interest in, and concerns about, the region's future. The United States, by virtue of Alaska, is an Arctic country and has substantial interests in the region. The Arctic has increasingly become a subject of discussion among political leaders of the nations in the region. In varying degrees, the Arctic coastal states have indicated a willingness to establish and maintain a military presence in the high north. U.S. military forces, particularly the Navy and Coast Guard, have begun to pay more attention to the region.

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