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SBA Shuttered Venue Operators Grant Program (SVOG) [Updated April 12, 2021]
From the Document: "Most of the SBA's [Small Business Administration's] funding during the 116th Congress was provided through supplemental appropriations for new and expanded programs, including the Paycheck Protection Program ($806.45 billion), Economic Injury Disaster Loans ($50.02 billion), Emergency Economic Injury Disaster Loan advance (grant) payments ($20 billion), Targeted Economic Injury Disaster Loan advance (grant) payments ($20 billion), and the Shuttered Venue Operators Grant (SVOG) program ($15 billion). This report focuses on the new $16.25 billion SVOG program--authorized by P.L. [public law] 116-260, the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Division N, Title III of the Consolidated Appropriations Act, 2021), provided an additional $1.25 billion by P.L. 117-2, the American Rescue Plan Act of 2021, and administered by the SBA's Office of Disaster Assistance--which provides grants to shuttered venues affected by the COVID-19 [coronavirus disease 2019] pandemic."
Library of Congress. Congressional Research Service
Dilger, Robert Jay, 1954-; Lowry, Sean
2021-04-12
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Increasing Numbers of Unaccompanied Alien Children at the Southwest Border [Updated April 9, 2021]
From the Document: "In the first five months of FY2021, encounters (apprehensions or expulsions) of unaccompanied alien children [hyperlink] (UAC) at the U.S.-Mexico border with the Department of Homeland Security's (DHS's) U.S. Customs and Border Protection (CBP) are approaching a level [hyperlink] close to that for all of FY2020. While the number of UAC encounters declined substantially from FY2019 to FY2020, in large part because of the Coronavirus Disease 2019 (COVID-19) pandemic, they are expected to rapidly increase [hyperlink] in the coming months, a trend that has attracted considerable media attention. [...] Unaccompanied alien children [hyperlink] are statutorily defined as children who lack lawful immigration status in the United States, are under age 18, and lack a parent or legal guardian in the United States or a parent or legal guardian in the United States who is available to provide care and physical custody. UAC treatment and processing at U.S. borders is governed by several statutes and a legal settlement [hyperlink]."
Library of Congress. Congressional Research Service
Kandel, William
2021-04-09
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Resources for Tracking Federal COVID-19 Spending [Updated April 9, 2021]
From the Summary: "Congress has responded to the Coronavirus Disease 2019 (COVID-19) pandemic with supplemental appropriations measures providing relief and assistance to individuals and families, state and local governments, businesses, health care providers, and other entities. This report provides selected sources for tracking COVID-19 relief and assistance spending. It contains links to and information on government sources detailing spending amounts at various levels, including consolidated spending by multiple government agencies, spending by individual government agencies, and spending for specific recipients and geographies. The sources themselves are large government databases, individual agencies, oversight entities, and selected nongovernmental entities that attempt to repackage information on spending amounts obtained from available government sources."
Library of Congress. Congressional Research Service
Teefy, Jennifer; Kreiser, Maria
2021-04-09
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Citizenship and Immigration Statuses of the U.S. Foreign-Born Population [April 9, 2021]
From the Document: "The U.S. foreign-born population consists of individuals living in the United States who were not U.S. citizens at birth. An estimated 44.9 million foreign-born people live in the United States, representing 13.7% of the total U.S. population in 2019 (the most recent data from the American Community Survey [ACS]). The proportion of foreign-born has changed over time. The 1920 percentage of foreign-born (13.2%) was similar to current levels, then declined over the next five decades, reaching a low of 4.7% in 1970. Over the last five decades, the proportion has increased (Figure 1)."
Library of Congress. Congressional Research Service
Straut-Eppsteiner, Holly
2021-04-09
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FEMA Funeral Assistance for COVID-19 [Updated April 8, 2021]
From the Document: "Congress authorized the Federal Emergency Management Agency (FEMA) to provide Funeral Assistance for deaths associated with the Coronavirus Disease 2019 (COVID-19) pandemic through the Consolidated Appropriations Act, 2021 [hyperlink] and the American Rescue Plan Act of 2021 [hyperlink]. This Insight provides an overview of FEMA COVID-19 Funeral Assistance, including eligible expenses, applicant eligibility criteria, and award amounts."
Library of Congress. Congressional Research Service
Webster, Elizabeth M.
2021-04-08
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Medicare Accelerated and Advance Payments and COVID-19: Frequently Asked Questions [Updated April 8, 2021]
"In rare situations, Medicare Part A providers (e.g., acute care hospitals, skilled nursing facilities, and other inpatient care facilities) and Part B suppliers (e.g., physicians, nonphysician practitioners, durable medical equipment [DME] suppliers, and others who furnish outpatient services) face cash flow challenges due to specified circumstances beyond their control. Under such circumstances, the Centers for Medicare & Medicaid Services (CMS) can provide temporary relief through the accelerated payment program (Part A) and the advance payment program (Part B). CMS has offered these programs, collectively referred to as the Accelerated and Advance Payment (AAP) programs, in an attempt to alleviate some concerns about the financial challenges faced by Medicare suppliers and providers. These amounts eventually are recovered by Medicare, typically by withholding payment for subsequent claims up to the amount of the accelerated or advance payments. [...] This report addresses frequently asked questions about the Medicare AAP programs, including the terms and conditions of eligibility, payment amounts and sources of funds, recovery of payments, applicable interest charges, and administrative and legislative changes during the COVID-19 [coronavirus disease 2019] PHE [public health emergency]."
Library of Congress. Congressional Research Service
Hahn, Jim; Villagrana, Marco A.
2021-04-08
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Defense Primer: What Is Command and Control? [April 8, 2021]
From the Document: "The Department of Defense (DOD) defines command and control (C2) as '[t]he exercise of authority and direction by a properly designated commander over assigned forces in the accomplishment of the mission.' At its most fundamental level, C2 represents how DOD makes operational decisions. One can view C2 through the context of five variables: who, what, when, where, and how. Traditionally, Congress has focused on the authorities (the 'who') and technology (the 'how') variables, and less so on the force mix ('what'), temporal ('when'), and geographic ('where'). China and Russia have developed strategies to disrupt or potentially deny DOD its ability to make decisions; as a result, DOD is modernizing systems and processes to command and control military forces."
Library of Congress. Congressional Research Service
Hoehn, John R.; Campbell, Caitlin; Bowen, Andrew S.
2021-04-08
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Expiration of the Discretionary Spending Limits: Frequently Asked Questions [April 8, 2021]
From the Document: "In 2011, during a period in which many Members of Congress expressed concern over rising budget deficits, the Budget Control Act of 2011 (BCA, P.L. 112-25) established legal limits on the amount of discretionary spending that could be provided each fiscal year. Under the BCA, for each fiscal year, two separate spending limits have been in effect: one for defense discretionary spending and one for nondefense discretionary spending. To enforce the spending limits, the law requires that if discretionary appropriations are enacted that exceed a statutory limit for a fiscal year, an automatic process, referred to as sequestration, is triggered to eliminate the excess spending. Under current law, the discretionary spending limits are in effect only through FY2021. Unless the limits are extended in law, there are no similar statutory limits for FY2022 or beyond. This report addresses several frequently asked questions related to the expiration of the discretionary spending limits."
Library of Congress. Congressional Research Service
Lynch, Megan Suzanne; Driessen, Grant A.
2021-04-08
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Child and Dependent Care Tax Credit (CDCTC): Temporary Expansion for 2021 Under the American Rescue Plan Act of 2021 (ARA; P.L. 117-2) [April 7, 2021]
From the Document: "The child and dependent care tax credit (CDCTC) can help to partially offset working families' child care expenses. The American Rescue Plan Act (P.L. 117-2; ARPA) provided a temporary expansion of the CDCTC for 2021. This Insight summarizes the temporary change, highlighting the credit amount for 2021 before and after the temporary expansion. Beyond the CDCTC, working families may also be eligible to receive tax-free employer-sponsored child care benefits, often in the form of a flexible spending arrangement/account (FSA). ARPA increased the maximum amount of tax-free child care benefits employers could provide from $5,000 to $10,500 for 2021 [hyperlink]. This change is not discussed further in this Insight."
Library of Congress. Congressional Research Service
Crandall-Hollick, Margot L.
2021-04-07
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Funding U.S.-Mexico Border Barrier Construction: Current Issues [Updated April 7, 2021]
From the Document: "The construction of barriers on the U.S.-Mexico border to control unauthorized crossings has been a matter of significant debate since former President Donald Trump made construction of a border wall a key element of his campaign. This Insight provides a brief overview of the funding history for these barriers. On January 20, President Joe Biden issued a proclamation directing agencies to pause additional construction and obligation of funds pending collection of information and development of a plan to redirect some of the resources that had been dedicated to barrier construction, consistent with applicable appropriations law."
Library of Congress. Congressional Research Service
Painter, William L.; Mann, Christopher T.
2021-04-07
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EU Climate Action and Implications for the United States [Updated April 6, 2021]
From the Document: "The European Union (EU) has sought to play a leading role on international climate action for decades. It worked closely with the United States to negotiate the 2015 Paris Agreement (PA)to combat greenhouse gas (GHG)-induced climate change. The 27-member EU and the United Kingdom (UK)--which exited the EU in January 2020-- have welcomed President Joe Biden's decision to rejoin the PA (reversing the U.S. withdrawal carried out by the former Trump Administration). Biden Administration climate positions are expected to align with EU views in many respects. The 117thCongress may compare EU climate action policies with Biden Administration plans and may assess prospects for and challenges to U.S.-EU cooperation on climate change and mitigation efforts in the years ahead."
Library of Congress. Congressional Research Service
Procita, Kezee; Archick, Kristin; Leggett, Jane A.
2021-04-06
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Expiration Date for Temporary Control of Fentanyl Analogues [Updated April 6, 2021]
From the Document: "In February 2020, the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act [hyperlink] (the Act) temporarily placed certain fentanyl analogues--i.e., compounds chemically related to the powerful synthetic opioid [hyperlink] fentanyl--on Schedule I of the Controlled Substances Act [hyperlink] (CSA). The temporary scheduling of fentanyl analogues under the Act is slated to expire on May 6, 2021. In light of the approaching expiration, Congress may be interested in the legal issues related to the scheduling of fentanyl analogues. This Sidebar provides an overview of the legal framework that applies to fentanyl and its analogues, key considerations involved in scheduling fentanyl analogues, and options for pursuing scheduling via legislation."
Library of Congress. Congressional Research Service
Lampe, Joanna R.
2021-04-06
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Facebook's Acquisition of GIPHY: Potential Competition Issues [Updated April 6, 2021]
From the Document: "On May 15, 2020, Facebook announced [hyperlink] that it had acquired GIPHY [hyperlink], an online database and search engine for short looping videos without audio, known as GIFs [Graphics Interchange Formats]. Facebook has not integrated GIPHY with its other online platforms (i.e., websites and apps). An Interim Enforcement Order [hyperlink] filed by the U.K. Competition and Markets Authority (CMA) on June 9, 2020, requires Facebook and GIPHY to operate as separate businesses during the CMA's investigation on the effect of the acquisition on competition. On March 25, 2021, the CMA published its initial assessment [hyperlink] that the merger raised competition concerns. A letter from Facebook [hyperlink] to Members of the House Subcommittee on Antitrust, Commercial, and Administrative Law states that a premerger notification under the Hart-Scott-Rodino Act [hyperlink] was not filed because the acquisition did not pass the relevant statutory test. In June 2020, the Department of Justice and the Federal Trade Commission were reportedly seeking to review the acquisition [hyperlink]. Facebook is now facing antitrust lawsuits, some of which focus on its past acquisitions. This Insight discusses how Facebook's acquisitions can affect competition in digital advertising and the potential implications of the antitrust lawsuits on Facebook's acquisition of GIPHY."
Library of Congress. Congressional Research Service
Cho, Clare Y.
2021-04-06
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Foreign Intelligence Surveillance Act (FISA): An Overview [Updated April 6, 2021]
From the Introduction: "Congress enacted the Foreign Intelligence Surveillance Act (FISA) in 1978. FISA provides a statutory framework for government agencies to obtain authorization to gather foreign intelligence by means of (1) electronic surveillance, (2) physical searches, (3) pen registers and trap and trace (PR/TT) devices (which record or decode dialing, routing, addressing, or signaling information), or (4) the production of certain business records. Agencies typically request authorization for such activities from the Foreign Intelligence Surveillance Court (FISC), a specialized court created by FISA to act as a neutral arbiter of agency requests for FISA orders."
Library of Congress. Congressional Research Service
Liu, Edward C.
2021-04-06
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Small Businesses and COVID-19: Relief and Assistance Resources [Updated April 5, 2021]
From the Document: "This CRS [Congressional Research Service] Insight presents selected websites and CRS products potentially relevant to small businesses that are directly affected by the Coronavirus Disease 2019 (COVID-19) pandemic and seeking economic relief and assistance."
Library of Congress. Congressional Research Service
Kreiser, Maria
2021-04-05
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American Rescue Plan Act of 2021 (ARPA; P.L. 117-2) COBRA Premium Assistance [April 5, 2021]
From the Document: "The American Rescue Plan Act of 2021 (ARPA; P.L. 117-2) subsidizes Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage from April 1, 2021, through September 30, 2021, for certain individuals who lose employer-based health insurance as a result of an involuntary termination or a reduction in hours. It also provides employers (or in some instances, multiemployer plans or insurers) with a refundable payroll tax credit to reimburse the employer for the unpaid premium amounts. As of publishing, the Internal Revenue Service has indicated that it is reviewing implementation plans for the ARPA, and new information is to be made available soon. The Department of Labor is also required to provide guidance on the implementation of the COBRA premium assistance. The following summarizes information on relevant, current federal COBRA continuation coverage rules and the COBRA premium assistance, as specified in the ARPA."
Library of Congress. Congressional Research Service
Rosso, Ryan J.
2021-04-05
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Economic Development Administration's Assistance to Coal and Nuclear Closure Communities Initiatives for Economic Transitions [April 5, 2021]
From the Document: "The Department of Commerce's Economic Development Administration (EDA) supports state and local planning and economic development projects, among other activities. In response to the decline of 'coal industry activity and the closure of nuclear plants' [hyperlink], Congress has approved additional funding for EDA grant programs that support economic transition strategies and help affected communities build economic development capacity. This Insight considers the role, criteria, and funding history of two EDA initiatives designed to facilitate economic transitions--the 'Assistance to Coal Communities' [hyperlink] (ACC) and the 'Assistance to Nuclear Closure Communities' [hyperlink] (NCC) initiatives."
Library of Congress. Congressional Research Service
Lawhorn, Julie M.
2021-04-05
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FEMA Pre-Disaster Mitigation: The Building Resilient Infrastructure and Communities (BRIC) Program [Updated April 5, 2021]
"The federal government has historically provided resources to assist in post-disaster recovery and to reduce future risk. Funding for pre-disaster 'mitigation' [hyperlink] changed significantly with the passage of the 'Disaster Recovery Reform Act of 2018' [hyperlink] (DRRA, Division D of 'P.L. 115-254' [hyperlink]). For each 'major disaster declaration' [hyperlink], the President may set aside from the 'Disaster Relief Fund' [hyperlink] (DRF) an amount equal to 6% of the estimated aggregate amount of funding awarded under 'seven sections' [hyperlink] of the 'Stafford Act' [hyperlink]. FEMA expected this set-aside to be about $300-$500 million per year on average. However, the large amount of disaster assistance associated with the 'COVID-19 [coronavirus disease 19] major disaster declarations' [hyperlink] has resulted in additional funding for pre-disaster mitigation. As of February 28, 2021, there was '$1.055 billion set aside' [hyperlink] in the DRF for pre-disaster mitigation. FEMA has not yet decided whether it will make available all of the set-aside funds each year or hold some back for years with fewer disasters. If FEMA does not use all of the set-aside funding in a given year, it is not clear whether the funds will remain restricted to use for pre-disaster mitigation or be used for other disaster-related expenses."
Library of Congress. Congressional Research Service
Horn, Diane P.
2021-04-05
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Romania: An Overview [April 2, 2021]
From the Document: "Romania is a parliamentary republic with a semi-presidential system; the prime minister leads the government, and a directly elected president is head of state and wields some powers in defense and domestic affairs. Prime Minister Florin Cîțu of the center-right National Liberal Party (PNL) has led the current government since December 2020. President Klaus Iohannis (backed by PNL) was elected to a second five-year term in 2019. Romania's bicameral parliament consists of a Senate and a Chamber of Deputies. Romania has had a volatile political scene over the past few years, characterized by political polarization, unstable governments, and disputes over constitutional prerogatives. From 2017 to 2019, governments led by the center-left Social Democratic Party (PSD) introduced controversial changes to the justice system that drew U.S. and EU criticism and triggered Romania's largest protests since 1989. The PSD government collapsed in late 2019, and PNL-led coalitions have governed since then."
Library of Congress. Congressional Research Service
Garding, Sarah E.
2021-04-02
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Revoking Hong Kong's Preferential Trade Status: Legal Framework and Implications [Updated April 2, 2021]
From the Document: "On July 14, 2020, then-President Donald Trump issued [hyperlink] an executive order finding the Hong Kong Special Administrative Region (Hong Kong) 'no longer sufficiently autonomous to justify differential treatment in relation to the People's Republic of China' (China) with regard to specific laws listed in the Order, and suspending differential application of those laws to Hong Kong. One of the relevant laws, 19 U.S.C. § 1304 [hyperlink], sets out how products from other territories must be marked to indicate their country of origin [hyperlink]. In response to the Executive Order, U.S. Customs and Border Protection (CBP) issued a notice [hyperlink] requiring all goods previously marked with 'Hong Kong' to indicate 'China' as their country of origin. Since this action, Hong Kong has initiated a World Trade Organization (WTO) dispute [hyperlink] against the United States, arguing the new marking requirements violate several WTO agreements. On March 31, 2021, President Joe Biden's Administration indicated [hyperlink] that it intends to maintain the suspension of differential treatment of Hong Kong. This Sidebar presents the legal framework that applies to Hong Kong's status as a separate customs territory from China, and it analyzes the implications of the U.S. actions as well as Hong Kong's decision to initiate WTO proceedings. Although the former President's executive order suspended a number of other statutory provisions that gave preferential treatment to Hong Kong, these actions are beyond this Sidebar's scope."
Library of Congress. Congressional Research Service
Hart, Nina M.
2021-04-02
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Electoral College: Options for Change and 117th Congress Proposals [April 2, 2021]
From the Document: "American voters elect the President and Vice President of the United States indirectly: they vote in their states and the District of Columbia for presidential electors pledged to the candidates of their choice. The electors are known collectively as the electoral college. Article II, Section 1 of the U.S. Constitution assigns to each state a number of electors equal to the total of the state's Senators and Members of the House of Representatives, a total of 538 at present, including three electors for the District of Columbia provided by the Twenty-third Amendment. The Twelfth Amendment requires that candidates for President and Vice President each win a majority of the electoral votes cast for their office to be elected. Candidates for the office of presidential elector are nominated by the state political parties. In 48 of 50 states, the candidates winning the most popular votes win all the state's electoral votes, the general ticket or 'winner-take-all' (WTA) system; Maine and Nebraska are the only exceptions, awarding electoral votes on combined statewide and congressional district totals."
Library of Congress. Congressional Research Service
Neale, Thomas H.
2021-04-02
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Water Service Issues and COVID-19: Recent Congressional Funding [April 2, 2021]
From the Document: "Several water service issues have garnered increased congressional attention during the Coronavirus Disease (COVID-19) Pandemic. Among these, some are long-standing concerns over household water-rate affordability and the condition of municipal water infrastructure. Other issues have emerged as water systems and/or local governments have experienced COVID-19-related revenue shortages, which may affect water systems' operations, maintenance, and/or financial sustainability. During the pandemic, Congress has enacted a number of proposals to address these and other issues. To address water-rate affordability, the Consolidated Appropriations Act, 2021 (P.L. 116-260) provided $638 million for water or wastewater rate assistance on behalf of low-income households. The American Rescue Plan Act (ARPA; P.L. 117-2) included another $500 million for such assistance, and provided $350 billion for state and local governments for COVID-19-related purposes, among them water or sewer infrastructure investments. This Insight briefly reviews water system financial practices, and identifies some challenges for water service providers and their customers raised by the pandemic. It also discusses recent congressional actions to address these issues."
Library of Congress. Congressional Research Service
Humphreys, Elena H.; Perl, Libby
2021-04-02
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Spending Clause Conditions and the Coronavirus State Fiscal Recovery Fund [April 2, 2021]
From the Document: "The American Rescue Plan Act of 2021 [hyperlink] (ARPA) tasks the Department of the Treasury (Treasury) with disbursing to states more than $190 billion appropriated for the Coronavirus State Fiscal Recovery Fund [hyperlink] ('CSFRF'). States may use CSFRF dollars to cover a wide range [hyperlink] of costs incurred by December 31, 2024. States must certify [hyperlink] that they will comply with statutory conditions on the use of CSFRF funds. States that violate a condition must [hyperlink] repay Treasury 'an amount equal to the amount of funds used' in the violation. [...] One condition has attracted legal controversy. ARPA prohibits [hyperlink] states from using CSFRF funds to 'directly or indirectly offset a reduction in the net tax revenue of such State' resulting from 'a change in law, regulation, or administrative interpretation' that reduces 'any tax' or delays the imposition of any tax or tax increase. [...] For states participating in the CSFRF program, this tax condition applies during a 'covered period' that began [hyperlink] on March 3, 2021, and ends on the last day of the fiscal year in which a state spends or returns all CSFRF funds or Treasury recovers improperly spent funds. [...] In general, States objecting to the tax condition argue, in part, that the condition is impermissibly coercive and ambiguous. This Sidebar examines both contentions and considers what might be next for the tax condition"
Library of Congress. Congressional Research Service
Stiff, Sean M.
2021-04-02
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Mexican Drug Trafficking and Cartel Operations Amid COVID-19 [Updated April 2, 2021]
From the Document: "Mexico is a primary foreign producer and transit country for illicit drugs destined [hyperlink] for the United States. Policymakers, including many in Congress, have closely watched how the Coronavirus Disease 2019 (COVID-19) pandemic is affecting drug flow patterns out of Mexico, including the flow of potent opioids and other illicit drugs. Any changes could affect the extent to which Mexico-based transnational criminal organizations (TCOs), popularly described as cartels, pose a threat to U.S. national security. To date, U.S.-bound illicit drug supplies appear to be returning to pre-pandemic levels, despite early supply chain disruptions."
Library of Congress. Congressional Research Service
Beittel, June S.; Rosen, Liana W.
2021-04-02
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State and Federal Authority to Mandate COVID-19 Vaccination [April 2, 2021]
From the Summary: "The Coronavirus Disease 2019 (COVID-19) vaccines recently authorized by the U.S. Food and Drug Administration (FDA) are a critical tool to address the pandemic. After determining that these vaccines meet the applicable statutory standards and the Agency's specific safety and efficacy standards, FDA issued Emergency Use Authorizations (EUAs) under Section 564 of the Federal Food, Drug, and Cosmetic Act (FD&C Act). [...] This report provides an overview of state and federal authority to mandate vaccination. The first part of the report provides background on state and local authority to mandate vaccination under states' general police power. It discusses the Supreme Court's long-standing recognition of state and local authority to mandate vaccination as an exercise of their police power, as well as modern courts' analyses of more recent challenges to state vaccination mandates based on the First Amendment's Free Exercise Clause. The first part of the report closes with a look at how the COVID-19 vaccines' EUA status may affect a court's analysis of a potential mandate. The second part of the report provides an overview of federal authority to mandate vaccination. It discusses one possible source of existing federal authority, Section 361 of the Public Health Service Act (PHSA), and reviews the extent of Congress's constitutional authority under the Constitution's Spending and Commerce Clauses to potentially mandate vaccination."
Library of Congress. Congressional Research Service
Shen, Wen S.
2021-04-02
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Torres v. Madrid: Police Use of Force, Fourth Amendment Seizures, and Fleeing Suspects [Updated April 1, 2021]
From the Background: "In recent months, many in Congress have shown interest in the laws governing the use of force [hyperlink] by law enforcement following incidents such as the death of George Floyd in police custody [hyperlink] and the fatal shooting of Breonna Taylor by officers executing a no-knock [hyperlink] search warrant. In October [hyperlink], the United States Supreme Court heard oral arguments in 'Torres v. Madrid,' an appeal from the Tenth Circuit [hyperlink] that asks when police use of force is subject to the Fourth Amendment's [hyperlink] prohibition against unreasonable seizures. Specifically, the question presented [hyperlink] by 'Torres' is whether a suspect has been seized within the meaning of the Fourth Amendment when an officer intentionally uses force to detain that suspect, but is unsuccessful--such as when the suspect temporarily evades capture. The Supreme Court has on several occasions used language that at least indirectly addresses the possibility of seizure by an unsuccessful use of force, but such language at times appears contradictory and courts have disagreed [hyperlink] on how to apply it. Below, we outline relevant precedent on seizure by unsuccessful use of force before analyzing the lower court decisions in 'Torres,' and the theories presented on appeal."
Library of Congress. Congressional Research Service
Berris, Peter G.
2021-04-01
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Climate Change Adaptation: Department of Commerce [April 1, 2021]
From the Document: "Climate change affects the mission and programs of the Department of Commerce (DOC) and its agencies, and these effects are likely to continue. Congress authorizes and funds DOC's missions and programs, which are wide-ranging, with relevance to trade enforcement, economic development, innovation support, entrepreneurship and business development, standard setting, environmental monitoring, weather forecasting, marine resources management, and statistical research and analysis Given the diversity of DOC's responsibilities, how climate change may affect DOC and its activities varies. [...] This report provides an overview of selected DOC statutory authorities, executive orders, and departmental and agency guidance related to climate change adaptation activities. Each section contains a brief background of the department or agency and an overview of its climate change adaptation activities. The report also presents information on DOC spending on climate change adaptation where available. The last section of the report discusses potential issues for Congress to consider related to climate change adaptation activities and spending. This report is not intended to be a comprehensive review of DOC's climate change activities--the information should be considered illustrative rather than exhaustive."
Library of Congress. Congressional Research Service
Lipiec, Eva
2021-04-01
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Debt Limit Since 2011 [Updated April 1, 2021]
From the Summary: "The Constitution grants Congress the power to borrow money on the credit of the United States-- one part of its power of the purse--and thus mandates that Congress exercise control over federal debt. Control of debt policy has at times provided Congress with a means of raising concerns regarding fiscal policies. Debates over federal fiscal policy have been especially animated in the past decade, in part because of the accumulation of federal debt in the wake of the 2007-2008 financial crisis and subsequent recession. Rising debt levels, along with continued differences in views of fiscal policy, led to a series of contentious debt limit episodes in recent years."
Library of Congress. Congressional Research Service
2021-04-01
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High Court to Review Tribal Police Search and Seizure Case [Updated April 1, 2021]
From the Document: "'Update: On March 23, 2021, the Supreme Court heard oral arguments [hyperlink] in the tribal police search and seizure case covered in this post,' United States v. Cooley. 'A decision in United States v. Cooley is expected before the Court's summer recess [hyperlink].' On November 20, 2020, the U.S. Supreme Court added 'United States v. Cooley' [hyperlink] to the cases it will hear this term. 'Cooley' brings into focus the jurisdictional maze complicating criminal law enforcement on Indian reservations. The Court is to evaluate whether [hyperlink] (or to what extent) a tribal police officer may detain and search a non-Indian on a public highway running through an Indian reservation. More specifically, the parties disagree about the scope of a tribal police officer's authority to investigate--through questioning or search--when criminal behavior is reasonably suspected, but is not 'apparent' or 'obvious.' This case implicates the constitutional right [hyperlink] to be free from unreasonable searches and seizures, but it also raises questions about the scope of tribal sovereignty and tribes' authority to protect their lands and members from criminal activity. Congress may wish to consider legislation to clarify the rights and responsibilities of tribal and non-Indian parties when conflicts like this arise. [...] Before discussing the lower court decisions and Supreme Court petition, this Sidebar will briefly describe how the courts have distinguished tribal authority for conducting investigations of non-Indians within an Indian reservation from general non-tribal police authority to conduct searches and seizures."
Library of Congress. Congressional Research Service
Murphy, M. Maureen; Schwartz, Mainon A.
2021-04-01
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Child Migrants at the Border: The 'Flores' Settlement Agreement and Other Legal Developments [April 1, 2021]
From the Document: "Reports of child migrants arriving at the southern border have raised interest in the laws governing their custody and treatment by U.S. authorities. The Immigration and Nationality Act (INA) generally authorizes the detention of non-U.S. nationals ('aliens' under governing law) placed in removal proceedings while their removability and any claims for asylum or other relief are considered. [...] But a more specific body of law--comprised of federal statutes, a 1997 settlement agreement, and regulations partially implementing that agreement--governs the care and custody of alien minors. This framework distinguishes arriving minors who are unaccompanied by immediate family--commonly known as 'unaccompanied alien children' (UACs)--from those arriving with a family unit."
Library of Congress. Congressional Research Service
Santamaria, Kelsey Y.
2021-04-01
