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Between Two Shades of Blue
From the Document: "This work of fiction encapsulates US Air Force Academy cadet life and other coming-of-age experiences from the perspective of a young man in the 1970s. [...] Paul Glattan, a high school student in rural eastern North Carolina, has an unbridled passion for UNC [University of North Carolina] and its fabled basketball team. When financial concerns dash his dreams of attending the university, he pursues an Air Force Academy appointment and is accepted as a member of the Class of 1977. As he struggles to maintain his Carolina ties, Paul finds the Academy produces more grief than gratification, and only after bonding with his most important instructor, a highly decorated Vietnam veteran--and finding love unexpectedly--does he overcome the anguish and ultimately find redemption."
Air University (U.S.). Press
Clodfelter, Mark
2022-07
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Security Guidance for First Responder Mobile and Wearable Devices
From the Abstract: "Public safety officials utilizing public safety broadband networks will have access to devices, such as mobile devices, tablets and wearables. These devices offer new ways for first responders to complete their missions but may also introduce new security vulnerabilities to their work environment. To investigate this impact, the security objectives identified in NIST Interagency Report (NISTIR) 8196, 'Security Analysis of First Responder Mobile and Wearable Devices', were used to scope the analysis of public safety mobile and wearable devices and the current capabilities that meet those security objectives [1]. The purpose of this effort is to provide guidance that enables jurisdictions to select and purchase secure devices; and assist industry to design and build secure devices tailored to the needs of first responders."
National Institute of Standards and Technology (U.S.)
Howell, Gema; Brady, Kevin Gerard; Ledgerwood, Scott . . .
2022-07
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Demographic Outlook: 2022 to 2052
From the Document: "The size of the U.S. population, as well as its age and sex composition, affect the economy and the federal budget. For example, the size of the working-age population affects the number of people employed; likewise, the size of the population age 65 or older affects the number of beneficiaries of Social Security and other federal programs. The Congressional Budget Office projects the population in future years by projecting fertility, net immigration, and mortality. (In this report, the population is the relevant population for calculating Social Security payroll taxes and benefits, known as the Social Security area population. See Notes and Definitions for more details.) CBO's projections of the population over the next 30 years are subject to significant uncertainty. If rates of immigration, fertility, or mortality were higher or lower than the agency's projections, then the projected population would be affected more in later years of the projection period than in the earlier years because differences in those rates compound in each year of the 30-year projection period."
United States. Congressional Budget Office
2022-07
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Immigration Detention in California: A Review of Detention Facilities' Response to COVID-19 as of Fall 2021
From the Executive Summary: "For its third report under Assembly Bill 103 (2017) (AB 103), the California Department of Justice (Cal DOJ) examines how the locked facilities that contract with U.S. Immigration and Customs Enforcement (ICE) to house noncitizens in ICE custody have responded to the unique challenges that have arisen during the COVID-19 [coronavirus disease 2019] pandemic. The facilities' responses were directed in large part by requirements and recommendations from ICE and the Centers for Disease Control and Prevention (CDC), as well as by court mandates seeking to remedy especially dangerous situations through specific requirements for social distancing, testing, monitoring, and caps on facility populations. As a result of both ICE and court requirements, detainee populations at ICE facilities in California were sharply reduced in 2020 and remained well under pre-pandemic numbers in 2021. This meant that, although a number of facilities across the State had lower detainee counts, ICE had to continue paying for empty beds under contractual terms guaranteeing payment for a minimum number of beds. At the same time, the average number of days a person was detained in the facilities across the State increased exponentially."
California. Department of Justice; California. Office of the Attorney General
2022-07
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Indicators of Workplace Violence, 2019
From the Executive Summary: "This report presents recent data on fatal and nonfatal workplace violence. It defines workplace homicide as fatal violence against persons at work or on duty or fatal violence that was work-related. Nonfatal workplace violence is defined as violent acts (including physical assaults and threats of assault) directed toward persons at work or on duty, or nonfatal violence that was work-related (such as an attack on a coworker away from work over a work-related issue). This includes rape or sexual assault, robbery, aggravated assault, and simple assault. This report uses data from five federal data collections."
United States. Office of Justice Programs; United States. Department of Justice
Harrell, Erika, 1976-; Langton, Lynn; Petosa, Jeremy . . .
2022-07
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World Trade Center Health Program: Quality Assurance Program Should Include Monitoring of Access to Health Services, Report to Congressional Committees
From the Highlights: "The World Trade Center Health Program provides health services, such as monitoring and treatment for conditions related to the September 11, 2001, attacks, through clinics in the New York City area and the NPN [Nationwide Provider Network]. The program is required to ensure reasonable access to health services through the NPN. However, program stakeholders have reported delays with members' access to these services. The James Zadroga 9/11 Health and Compensation Reauthorization Act included a provision for GAO [Government Accountability Office] to review the World Trade Center Health Program. This report examines the extent to which (1) program spending on health services increased, and (2) NIOSH's [National Institute for Occupational Safety and Health's] quality assurance efforts included assessing the timeliness of access to health services for members through the NPN. GAO analyzed data on claims paid by the program. GAO also interviewed NIOSH [National Institute for Occupational Safety and Health] officials and reviewed program documents on its quality assurance governance structure and strategic priorities. [...] GAO is making three recommendations to NIOSH: (1) add ensuring timely access to health services as a program strategic priority, (2) establish metrics for assessing the timeliness of access to health services through the NPN, and (3) ensure that the Quality Assurance Committee review metric data. The agency concurred with our recommendations."
United States. Government Accountability Office
2022-07
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Federal Deaths in Custody and During Arrest, 2020 - Statistical Tables
From the Document: "Federal law enforcement agencies reported 65 arrest-related deaths and 614 deaths in custody in fiscal year (FY) 2020 (figure 1). From FY 2016 to FY 2019, federal agencies reported an average of 53 arrest-related deaths and 449 deaths in custody each year. There were more deaths in custody in FY 2020 than in any year since FY 2016. The manner of these deaths included homicide, suicide, illness, accident, and other or unknown means."
United States. Department of Justice; United States. Office of Justice Programs; United States. Bureau of Justice Statistics
Brooks, Connor; Goodison, Sean E.
2022-07
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COVID-19--Food Safety and Inspection Service Pandemic Response at Establishments
From the Document: "The Food Safety and Inspection Service (FSIS) is the regulatory agency within the United States Department of Agriculture (USDA) responsible for protecting the public's health by ensuring the safety of the Nation's commercial supply of meat, poultry, and processed egg products. The Coronavirus Aid, Relief, and Economic Security (CARES) Act provided FSIS with $33 million, to remain available until September 30, 2021, to prevent, prepare for, and respond to the coronavirus disease 2019 (COVID-19) pandemic, domestically or internationally. In response to a Congressional request, we conducted an inspection to determine what actions FSIS took relating to COVID-19 to ensure the continuation of inspection operations at meat and poultry slaughter and processing establishments."
United States. Department of Agriculture. Office of the Inspector General
2022-07
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Roadmap to Telehealth Efficacy: Care, Health, and Digital Equities
From the Executive Summary: "The United States has long struggled with a health care system that is both expensive and often inaccessible when it comes to providing certain populations with equitable care. The White House and Congress acted quickly to transition patients to telehealth during the height of the COVID-19 [coronavirus disease 2019] pandemic. However, the future adoption and use of telehealth will depend on how the U.S. health care system addresses coverage and reimbursement, medical licensure, and service modalities. Equally important is policy coherence, or a 'telehealth 2.0 roadmap', to effectively harmonize the goals of value-based care, health disparities, and digital access. This approach to telehealth can improve patient outcomes, offer more inclusive telehealth adoption, and increase ways in which health care is delivered and received as the nation continues to mitigate the public health crisis. In this paper, we propose flexibilities within the current health care system that accommodate the changes imposed by new technologies, as well as continued government incentives to drive more competitive options and alternatives for health care delivery. In the end, we argue that government must continue to promote the use of remote health care and leverage national investments in broadband infrastructure to drive the complementary use of telehealth with traditional health care. We also propose that current modality flexibilities remain in place, especially as the nation undergoes efforts to close the digital divide."
Brookings Institution. Governance Studies Program
Lee, Nicol Turner; Yaraghi, Niam; Lai, Samantha
2022-07
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Federal Sentencing of Illegal Reentry: The Impact of the 2016 Guideline Amendment
From the Introduction: "In 2016, the United States Sentencing Commission promulgated an amendment that comprehensively revised the guideline covering illegal reentry offenses--§ [section] 2L1.2 (Unlawfully Entering or Remaining in the United States). The amendment, Amendment 802, became effective November 1, 2016, and represented the most comprehensive revision of a major guideline in the last two decades. This report examines the impact of Amendment 802 by looking back at sentencings under §2L1.2 over the last ten fiscal years. The report first describes the concerns leading to the amendment, including that §2L1.2's 12- and 16-level increases were overly severe and led to variances, and that using the 'categorical approach' to apply enhancements was overly complex, resource intensive, and increased litigation and uncertainty. After outlining the changes made by Amendment 802, the report assesses its impact on guideline application for §2L1.2 offenders and on appeals involving §2L1.2."
United States Sentencing Commission
Kachnowski, Vera M.; Russell, Amanda
2022-07
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Propensity, Conditions, and Consequences: Effective Coercion Through Understanding Chinese Thinking
From the Document: "This paper will briefly explore the development of Chinese philosophy from Confucianism and Daoism to Marxist and Maoist communism, and the origins of Western 'causal' thinking in contrast to Chinese 'correlative' thinking. The paper will explain how these styles of thinking led to a Western 'ends, ways, and means' method of planning, while the Chinese use 'propensity, conditions, and consequences.' The paper will then use Chinese correlative thought to develop a 'propensity model' to describe how China attempts to coerce other parties. It will then investigate how the divergent approaches to thought can yield disparate results when attempting and interpreting coercive actions using three case studies: the 2006 Valiant Shield exercise, the 2016 decision to deploy a Terminal High Altitude Area Defense antimissile battery to South Korea, and a 2022 Taiwan Strait transit. The paper will conclude with implications of these findings on U.S. and PRC [People's Republic of China] thought."
China Aerospace Studies Institute (U.S.)
Marcrum, Kyle
2022-07
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Comprehensive Cyber Review, July 2022
From the Executive Summary: "In May 2021, Deputy Attorney General Lisa O. Monaco directed the Department of Justice to conduct a comprehensive review of the Department's cyber-related activities and to develop actionable recommendations to enhance and expand the Department's efforts. This report summarizes the findings from that review. It evaluates many different facets of the Department's cyber capabilities, both 'offensive' ('i.e.', how it investigates, prosecutes, and combats cyber threats) and 'defensive' ('i.e.', how it protects its own networks from continuous malicious cyber activity). It also evaluates the Department's engagement with various governmental and private-sector partners; its preparation for emerging technologies; and the ways in which it is building and retaining its cyber workforce for the future. As stated in the memorandum announcing the review, the focus has been on actionable recommendations to enhance and expand the Department's efforts against fast-changing cyber threats. To that end, the review has already made a number of interim recommendations that Department leadership has accepted and implemented."
United States. Department of Justice
Monaco, Lisa Oudens, 1968-
2022-07
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China Maritime Report No. 22: Logistics Support for a Cross-Strait Invasion: The View from Beijing
From the Summary: "The PLA [People's Liberation Army] believes that logistics support is one of the key determinants of a successful large-scale invasion of Taiwan. Logistics support includes transport, materiel and oil supply, medical care, search and rescue, logistics infrastructure protection, and maintenance of war materiel reserves. Despite the recognized importance of logistics support, it is likely the PLA does not currently possess the requisite logistics capabilities to successfully support a large-scale amphibious landing on Taiwan and a possible protracted conflict involving the United States and allies. Key deficits include a lack of amphibious ships (both military and civilian), transport aircraft, and war reserves. The PLA also continues to face difficulties with landing the requisite logistics supplies during the critical beach assault phase, constructing maritime transfer platforms or temporary wharves to sustain resupply if intact ports are not rapidly captured, establishing a landing base for logistics operations, maintaining the flow of logistics during on-island combat, and establishing strategic war reserves to support the large-scale operation and possibly prolonged conflict. These problem areas might be resolved with several years of sustained effort and complex training."
Naval War College (U.S.). China Maritime Studies Institute
McCauley, Kevin N.
2022-07
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Aircraft Certification: Comparison of U.S. And European Processes for Approving New Designs of Commercial Transport Airplanes, Report to Congressional Committees
From the Government Accountability Office (GAO) Highlights: "FAA [Federal Aviation Administration] and EASA [European Union Aviation Safety Agency] certify the safety of new commercial airplane designs for use in the U.S. and Europe, respectively. Two deadly accidents involving the FAA-certified Boeing 737 MAX raised concerns about FAA's certification and oversight processes of airplane manufacturers. The explanatory statement accompanying the Further Consolidated Appropriations Act, 2020, included a provision for GAO to compare FAA's and EASA's oversight regimes for airplane certification. This report examines, among other things, the similarities and differences between FAA's and EASA's (1) activities and standards for certifying new designs of commercial transport airplanes, (2) approaches for manufacturer involvement in the design certification process, and (3) audits of manufacturers' design certification process activities. GAO reviewed applicable U.S. and EU laws, FAA and EASA documentation, and international agreements related to certification. GAO interviewed FAA officials and received written responses from EASA officials. GAO also interviewed representatives from Boeing, Airbus, two other aviation authorities, and an aviation association to better understand the two processes. The information about foreign law in this report is not the product of our analysis but is derived from interviews and information provided by EASA."
United States. Government Accountability Office
2022-06-30
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Annual Report 2022: Citizenship and Immigration Services Ombudsman
From the Executive Summary: "The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) 2022 Annual Report covers calendar year 2021, as well as key developments in early 2022. It contains: [1] An overview of the CIS Ombudsman's mission and services; [2] A review of U.S. Citizenship and Immigration Services (USCIS) programmatic and policy challenges during this reporting period; and [3] A detailed discussion of pervasive problems, recommendations, and best practices in the administration of our immigration laws."
United States. Department of Homeland Security
2022-06-30
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EMR-ISAC: InfoGram, Volume 22 Issue 26, June 30, 2022
The Emergency Management and Response Information Sharing and Analysis Center's (EMR-ISAC) InfoGram is a weekly publication of information concerning the protection of critical infrastructures relevant to members of the Emergency Services Sector. This issue includes the following articles: "Two NIOSH [National Institute for Occupational Safety and Health] safety notifications for respirator equipment"; "Fireworks safety for the Fourth of July and the Independence Day holiday"; "FEMA's CBRN [Chemical, Biological, Radiological, and Nuclear] Office releases third edition of Planning Guidance for Response to a Nuclear Detonation"; "National Law Enforcement Knowledge Lab offers training and technical assistance for community-oriented, constitutional policing"; "CISA [Cybersecurity and Infrastructure Security Agency] releases second version of guidance for secure migration to the cloud"; "Ship controls identified as another major attack surface"; "2022 CWE [Common Weakness Enumeration] Top 25 Most Dangerous Software Weaknesses"; "CISA releases guidance on switching to Modern Auth in Exchange Online before October 1"; "Malicious cyber actors continue to exploit Log4Shell in VMware Horizon systems"; and "NIST [National Institute for Standards and Technology]: Applying the Cybersecurity Framework for the Responsible Use of Positioning, Navigation, and Timing Services, draft open for comment."
Emergency Management and Response-Information Sharing and Analysis Center (U.S.)
2022-06-30
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Overview of the American Data Privacy and Protection Act, H.R. 8152 [June 30, 2022]
From the Document: "On June 21, 2022, the House Energy and Commerce Committee introduced the American Data Privacy and Protection Act (ADPPA), H.R. 8152 [hyperlink], which would create a comprehensive federal consumer privacy framework. Some commentators have noted [hyperlink] the bill's novel compromises on two issues--whether to preempt state privacy laws and whether to create a private right of action--that have impeded [hyperlink] previous attempts to create a national privacy framework. The bipartisan bill is co-sponsored by House Energy and Commerce Committee Chairman Frank Pallone, Jr. and Ranking Member Cathy McMorris Rogers and promoted in the Senate by Senate Commerce Committee Ranking Member Roger Wicker. In a joint statement, Representatives Pallone and McMorris Rodgers and Senator Wicker described the bill [hyperlink] as 'strik[ing] a meaningful balance' on key issues. Senate Commerce Committee Chair Maria Cantwell, however, has critiqued [hyperlink] the ADPPA as having 'major enforcement holes,' prompting other commentators to question [hyperlink] whether the Senate will pass the bill. Members of the House Energy and Commerce Committee raised additional concerns [hyperlink] during a markup hearing on June 23, 2022. Still, some scholars [hyperlink] are hopeful that Congress will pass the bill. This Sidebar first provides a summary of the ADDPA. It then compares several of the bill's key provisions to other privacy bills from the 117th and 116th Congresses before examining some considerations for Congress, including potential next steps for the legislation."
Library of Congress. Congressional Research Service
Gaffney, Jonathan M.; Linebaugh, Chris D.; Holmes, Eric N.
2022-06-30
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State Laws Restricting or Prohibiting Abortion [June 30, 2022]
From the Document: "The Supreme Court's decision in 'Dobbs v. Jackson Women's Health Organization' [hyperlink] overruled 'Roe v. Wade' [hyperlink], providing states with greater discretion [hyperlink] to restrict abortion access, including by limiting abortion prior to fetal viability. This Sidebar provides an overview of existing or recently passed state laws prohibiting or limiting abortion prior to 24 weeks' gestational age, which for many years was widely considered [hyperlink] the point of viability, though medical advancements may have moved that point earlier. The Sidebar also identifies 'trigger laws' that generally prohibit abortion that were set to go into effect, either automatically or following action by a state official, if the Supreme Court ever overturned 'Roe v. Wade.' This Sidebar does not address any exceptions to these restrictions, such as in the case of a medical emergency, or restrictions to specific methods of abortion, such as medication abortion. Links to the full text of statutes listed in this Legal Sidebar are available through the Law Librarians' Society of Washington, DC Legislative Sourcebook [hyperlink]."
Library of Congress. Congressional Research Service
Deal, Laura
2022-06-30
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Management Advisory: The DoD's Use of the Civil Reserve Air Fleet in Support of Afghanistan Noncombatant Evacuation Operations
From the Document: "We are providing this management advisory for information and use. This advisory provides DoD officials the results of our evaluation concerning the activation and use of the Civil Reserve Air Fleet (CRAF) to support noncombatant evacuation operations (NEO) of Afghan refugees under Operation Allies Refuge. U.S. Transportation Command leaders and other key agency officials proactively sought volunteers from commercial air carriers in the initial phases of the Afghanistan NEO, informed and updated air carrier officials, activated the required number of aircraft within time standards, and followed required procedures and operations during CRAF activation and deactivation. This advisory contains no recommendations for action. However, we identify two best practices and we highlight two areas for potential improvement in future NEOs. We conducted this evaluation from November 2021 through May 2022 in accordance with the 'Quality Standards for Inspections and Evaluations,' published in January 2012 by the Council of the Inspectors General on Integrity and Efficiency."
United States. Department of Defense. Office of the Inspector General
2022-06-30
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Violations of ICE Detention Standards at Folkston ICE Processing Center and Folkston Annex
From the Highlights: "In accordance with the 'Consolidated Appropriations Act, 2021,' we conduct unannounced inspections of ICE [U.S. Immigration and Customs Enforcement] detention facilities to ensure compliance with detention standards. In November 2021, we conducted an in-person inspection of Folkston Processing Center and Folkston Annex in Folkston, Georgia, to evaluate compliance with ICE detention standards and COVID-19 requirements. [...] We made 13 recommendations to improve ICE's oversight of detention facility management and operations at Folkston."
United States. Department of Defense. Office of the Inspector General
2022-06-30
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Overview of Federal Criminal Laws Prohibiting Threats and Harassment of Election Workers [June 30, 2022]
From the Document: "Following the 2020 elections, the Department of Justice reported a significant increase in threats of violence toward individuals who administer elections, identifying [hyperlink] more than 850 reported incidents of threats and harassment targeting election workers for their work. This Legal Sidebar provides an overview of federal and state laws prohibiting threats and harassment against individuals responsible for administering elections, including election officials, workers, and volunteers at the federal, state, and local levels. The Sidebar also provides a brief overview of potential constitutional concerns related to the federal prosecution of individuals for threats and harassment to election workers, and considerations for Congress if it considers supplementing existing laws that address threats to election workers."
Library of Congress. Congressional Research Service
Balser, Jimmy
2022-06-30
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Introduction to the National Flood Insurance Program (NFIP) [Updated June 30, 2022]
From the Introduction: "The National Flood Insurance Program (NFIP) was created by the National Flood Insurance Act of 1968 (NFIA). Since the end of FY2017, 21 short-term NFIP reauthorizations have been enacted[...]. The NFIP is currently authorized until September 30, 2022. The last long-term reauthorization of the NFIP was by the Biggert-Waters Flood Insurance Reform Act of 2012 (hereinafter BW-12), from July 6, 2012, to September 30, 2017. Congress amended elements of BW-12, but did not extend the NFIP's authorization further, in the Homeowner Flood Insurance Affordability Act of 2014 (HFIAA). The NFIP is managed by the Federal Emergency Management Agency (FEMA), through its subcomponent the Federal Insurance and Mitigation Administration (FIMA). [...] This report provides introductory information on key components of the NFIP, ranging from floodplain mapping to the standard flood insurance forms. This report will be updated as significant revisions are made to the NFIP through legislation or administrative action. However, this report does not provide detail on current or future legislative issues for Congress, which are covered in a separate report."
Library of Congress. Congressional Research Service
Horn, Diane P.; Webel, Baird; Brown, Jared T.
2022-06-30
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Red Hill Bulk Fuel Storage Facility, Oahu, Hawaii: Defueling Plan
From the Executive Summary: "In accordance with the Secretary of Defense's (SECDEF) direction in his March 7, 2022 memo and the requirements in Directive 4 of the State of Hawaii Department of Health's (DOH) May 6, 2022 superseding Emergency Order (EO), the Department of Defense (DoD) will safely defuel and close the Red Hill Bulk Fuel Storage Facility (Red Hill). On behalf of DoD, the Secretary of the Navy (SECNAV), in coordination with the Director, Defense Logistics Agency (DLA), provides this plan to defuel the facility. This plan will put DoD on course to achieve the completion of defueling at the earliest date consistent with the safe defueling of the facility. The plan is evidence-driven and relies on the recommendations of subject matter experts. The plan provides interim milestones for the Navy and Defense Logistics Agency (DLA) to achieve throughout the pre-defueling process in order to make the facility safe for defueling. Upon a determination that the facility is safe to defuel, the plan requires defueling operations to commence as soon as practicable and targets the completion of that defueling within eight months of commencement."
United States. Department of Defense
2022-06-30
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Kennedy v. Bremerton School District: School Prayer and the Establishment Clause [June 30, 2022]
From the Document: "On June 27, 2022, the Supreme Court released a 6-3 decision in 'Kennedy v. Bremerton School District' [hyperlink] that significantly altered Establishment Clause jurisprudence. In ruling in favor of a high school football coach who wanted to pray on the 50-yard line of the football field after games, the Court announced that it had broadly abandoned use of the so-called 'Lemon' test [hyperlink], which had been the basis for church-and-state decisions over several decades but had seemed to fall into disfavor with many Justices on the Court in more recent years. The 'Kennedy' opinion described the 'Lemon' test as 'abstract' and 'ahistorical,' and said [hyperlink] that courts should instead interpret the Establishment Clause by reference to 'original meaning and history.' This Legal Sidebar discusses the 'Kennedy' decision and its implications for the First Amendment's protection of free speech and the free exercise of religion, as well as the First Amendment's prohibition of religious establishment."
Library of Congress. Congressional Research Service
Brannon, Valerie C.
2022-06-30
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Facial Recognition Technology: Federal Agencies' Use and Related Privacy Protections, Statement of Candice N. Wright Director, Science, Technology Assessment, and Analytics, Testimony Before the Subcommittee on Investigations and Oversight, Committee on Science, Space, and Technology, House of Representatives
From the Government Accountability Office (GAO) Highlights: "Use of FRT [facial recognition technology] has become increasingly common across the government and private sector. As the use of FRT continues to expand, advocacy organizations and others have highlighted the importance of understanding FRT uses in federal agencies and related privacy risks. This statement describes (1) use of FRT at federal agencies and (2) privacy protections present in FRT systems used by federal agencies. This statement is based on recent GAO reports on the use of FRT, including (1) an August 2021 report [hyperlink] on current and planned use of FRT across federal agencies that included a survey of the 24 largest agencies, (2) a June 2021 report [hyperlink] on federal law enforcement agencies' use of FRT that included a survey administered to 42 agencies that employ law enforcement officers, and (3) a 2020 report [hyperlink] on use of FRT for airport and port security. To conduct this prior work, GAO reviewed relevant documents and interviewed agency officials. [...] In prior reports, GAO made recommendations to 13 agencies to implement a mechanism to track use of non-federal systems by employees and assess the risks of these systems and to CBP [U.S. Customs and Border Protection] to develop and implement a plan to conduct privacy audits of its partners, among others. Agencies generally concurred with the recommendations. Three agencies have implemented mechanisms to track non-federal systems, but have not yet assessed the risks of using such systems. CBP has conducted some, but not all, privacy audits of its partners."
United States. General Accounting Office
Wright, Candice N.
2022-06-29
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Civil Rights Remedies in 'Cummings' and Implications for Title VI and Title IX [June 29, 2022]
From the Document: "Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act (ACA) prohibit various types of discrimination in federally funded programs and other covered entities. The Supreme Court recently held in 'Cummings v. Premier Rehab Keller [hyperlink]' that a plaintiff bringing suit to enforce Section 504 [hyperlink] and Section 1557 [hyperlink] cannot recover emotional distress damages. Emotional distress damages are a form of relief aimed at compensating individuals for emotional harm or injury caused by the unlawful conduct at issue. As neither Section 504 nor Section 1557 contains statutory text specifying whether emotional distress damages are available in a private suit, the Court interpreted the statutes in light of common law contract doctrine to conclude that neither statute permits such a remedy. Under 'Cummings,' it appears that compensatory relief in a private suit will now be limited to recovery for economic harm caused by unlawful discrimination under those statutes. This Sidebar discusses the Court's analysis in 'Cummings,' including its reliance on common law contract principles to interpret statutes like Section 504, which the Court reads as legislation enacted based on Congress's Spending Clause power. The Spending Clause basis and operation of several civil rights statutes are more fully explored in other CRS [Congressional Research Service] reports [hyperlink]. This Sidebar reviews the likely impact of the Court's decision on the availability of emotional distress damages under other statutes, such as Title VI [hyperlink] of the Civil Rights Act of 1964 (Title VI) and Title IX [hyperlink] of the Education Amendments of 1972 (Title IX), and potential considerations for Congress."
Library of Congress. Congressional Research Service
Back, Christine J.
2022-06-29
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Second Amendment at the Supreme Court: 'New York State Rifle & Pistol Ass'n v. Bruen' [June 29, 2022]
From the Document: "On June 23, 2022, the Supreme Court issued its opinion [hyperlink] in 'New York State Rifle & Pistol Association v. Bruen,' a case challenging the constitutionality of a portion of New York's firearms licensing scheme that restricts the carrying of certain licensed firearms outside the home under the Second and Fourteenth Amendments. In a 6-3 decision, the Court struck down New York's requirement that an applicant for an unrestricted license to carry a handgun outside the home for self-defense must establish 'proper cause,' ruling that the requirement is at odds with the Second Amendment (as made applicable to the states through the Fourteenth Amendment). In doing so, the Court recognized that the Second Amendment protects a right that extends beyond the home and also clarified that the proper test for evaluating Second Amendment challenges to firearms laws is an approach rooted in text and the 'historical tradition' of firearms regulation, rejecting a 'two-step' methodology employed by many of the lower courts. This Legal Sidebar provides an overview of Supreme Court and lower court Second Amendment precedent, describes the underlying litigation and issues in 'Bruen,' summarizes the Supreme Court's decision, and briefly discusses some possible implications of the decision."
Library of Congress. Congressional Research Service
Foster, Michael A. (Legislative attorney)
2022-06-29
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Summer 2022--Weather Challenges and Risks to Electric Power [June 29, 2022]
From the Document: "The 2022 summer season has arrived, and with warmer weather, the demand for electricity to cool residences and buildings generally increases across the country. According to the U.S. Climate Extremes Index (CEI), during summer months (June-August) there has been an increasing trend in the percentage of the contiguous United States with maximum temperatures much above normal over the last 30 years (Contiguous U.S., Summer--extremes in maximum temperature: step 1). [hyperlink] Further, over the same timeframe, during summer months (June-August), the percentage of the contiguous United States with minimum temperatures much above normal has also increased (Contiguous U.S., Summer--extremes in minimum temperature: step 2). [hyperlink] This summer has been held out by the North American Electric Reliability Corporation [hyperlink] as one that may be especially challenging for electric power generation in several U.S. regions in its 2022 Summer Reliability assessment [hyperlink], due to the ongoing drought in the southwest and other factors [hyperlink]. With a spate of recent older coal power plant retirements [hyperlink], electric utilities will place a greater reliance on natural gas and renewable electric sources for power generation. Coal, nuclear, natural gas and some renewable resources can be challenged to perform efficiently in the warmer summer months."
Library of Congress. Congressional Research Service
Campbell, Richard J.
2022-06-29
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Audit of the Department of Defense's FY 2021 Compliance with Payment Integrity Information Act Requirements
From the Background: "The PIIA [Payment Integrity Information Act of 2019] was enacted to improve efforts to identify and reduce Government-wide improper payments. It requires Federal agencies to review their programs and identify those that may be susceptible to significant improper payments, to estimate and report the dollar amount of improper payments in those programs, and to report on actions planned to reduce improper payments in those programs. The PIIA defines an improper payment as any payment that should not have been made, was made in an incorrect amount, was made to an ineligible recipient, or was made for ineligible goods or services. The PIIA also considers payments as improper when they do not have the required supporting documentation. Additionally, Office of Management and Budget (OMB) Circular No. A-123, Appendix C, further categorizes a payment that the agency is unable to determine as proper or improper as a result of insufficient documentation, as an unknown payment. In the DoD's FY 2021 Agency Financial Report (AFR), the DoD stated that the reduction of improper payments and compliance with the PIIA are top management priorities."
United States. Department of Defense. Office of the Inspector General
2022-06-29
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Ukrainian Military Performance and Outlook [June 29, 2022]
From the Document: "The Ukrainian Armed Forces (UAF) continue to face disadvantages in seeking to defend Ukraine's territorial integrity against Russian military forces. On the one hand, since Russia's renewed invasion of Ukraine in February 2022, the UAF has successfully defended against, and in some areas pushed back, Russian forces. On the other hand, this resistance has come with losses in personnel and equipment, and the overall outlook for the war remains uncertain. The Biden Administration and Congress have expressed support for Ukraine's defense of its territorial integrity against Russia's invasion. An understanding of the evolving state of the UAF may be of interest to Congress as it continues to weigh policies potentially supporting Ukraine's defense against Russian aggression."
Library of Congress. Congressional Research Service
Bowen, Andrew S.
2022-06-29
