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G-7 Summit in Charlevoix, Canada: Changing U.S. Leadership in Global Forum [June 25, 2018]
"Canada hosted the 44th annual Group of 7 (G-7) summit on June 8-9 in Charlevoix, Quebec. The G-7 is an informal group of seven of the world's largest advanced economies: Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States. With roots back to the 1970s, the G-7 leaders meet annually to discuss and coordinate economic and foreign policies. The agenda for the 2018 summit, set by Canada as the rotating chair, intended to focus on economic growth, gender equality, jobs, and the environment. Discussions were marked by deep divisions between President Trump and other G-7 leaders on trade and Russia. The United States for decades has been a leader in the G-7, but French President Emmanuel Macron emphasized that the United States faced a 'united front' at the 2018 summit and found itself 'isolated.' After departing the summit, President Trump withdrew his initial support for the eight-page communiqué that had been negotiated in the weeks leading up to the summit. Lack of consensus on a G-7 communiqué is unprecedented."
Library of Congress. Congressional Research Service
Nelson, Rebecca M.
2018-06-25
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Permitting for Pesticide Discharges into Navigable Waters: Issues and Legislation in the 115th Congress [June 28, 2018]
"Permitting requirements for using registered pesticides in or around the nation's waters has been a long-standing issue. Under the Clean Water Act (CWA; 33 U.S.C. §1251 et seq.), discharges of pollutants into navigable waters are unlawful unless specifically authorized by a permit. For decades following the enactment of the CWA, the U.S. Environmental Protection Agency (EPA) did not consider registered pesticides used in compliance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. §136 et seq.) as pollutants that required permitting for their discharge into waters. However, in 2009, the U.S. Sixth Circuit Court of Appeals ruled that (1) the statutory definition of pollutant in the CWA encompasses biological pesticides and chemical pesticides that leave a residue in navigable waters, and (2) discharges of such pollutants require permitting. In response to the ruling, EPA issued a general discharge permit to cover the majority of pesticide applications resulting in point source discharges. States with delegated authority to issue their own discharge permits issued similar general discharge permits."
Library of Congress. Congressional Research Service
Gatz, Laura; Yen, Jerry H.
2018-06-28
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Cyber Supply Chain Risk Management: An Introduction [June 29, 2018]
"A supply chain consists of the system of organizations, people, activities, information, and resources that provide products or services to consumers. Like other types of goods, a global supply chain exists for the development, manufacture, and distribution of information technology (IT) products (i.e., hardware and software). Recent media have highlighted the risks posed to IT from the supply chain. In 2017, the U.S. Department of Homeland Security (DHS) ordered federal agencies to remove Kaspersky security products from their networks because of risk they posed. Legislation was subsequently enacted codifying that order. In addition, stories of persistent administrative passwords on devices or otherwise vulnerable products allowing unauthorized access to sensitive networks became more frequent."
Library of Congress. Congressional Research Service
Jaikaran, Chris
2018-06-29
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Efforts to Preserve Economic Benefits of the Iran Nuclear Deal [June 27, 2018]
"On May 8, 2018, President Donald Trump announced that the United States would cease implementing U.S. commitments under the 2015 multilateral Joint Comprehensive Plan of Action (JCPOA) with Iran. He indicated that, by the end of a 'wind down period' (by November 4, 2018), all U.S. sanctions in place prior to the JCPOA--which target foreign firms that conduct transactions in all of Iran's core economic sectors, including energy, banking, shipping, insurance, manufacturing, and hard currency trading--would go back into effect. These include sanctions on 'petroleum-related transactions' and transactions by foreign banks with Iran's Central Bank. Several hundred Iranian and third country entities will again be designated by the United States as sanctioned entities, meaning that foreign firms that transact business with these entities could face exclusion from the U.S. economy and financial system."
Library of Congress. Congressional Research Service
Cimino-Isaacs, Cathleen D.; Katzman, Kenneth; Mix, Derek E.
2018-06-27
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Trump Administration's Reform Plan and Reorganization Recommendations [June 26, 2018]
"On June 21, 2018, the Office of Management and Budget (OMB) issued Delivering Government Solutions in the 21st Century: Reform Plan and Reorganization Recommendations (the Reform Plan). The Reform Plan followed from Executive Order 13781, 'Comprehensive Plan for Reorganizing the Executive Branch,' issued by President Donald J. Trump on March 13, 2017, and an OMB memorandum, M-17-22, 'Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce,' issued on April 12, 2017. Federal agencies were required to submit initial agency reform plans to OMB in June 2017, work with OMB to refine these plans, and submit finalized versions to OMB concurrent with their FY2019 budget requests. These proposals, together with analysis presented in the President's Management Agenda, formed the basis of the Reform Plan."
Library of Congress. Congressional Research Service
2018-06-26
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President's Selection of a Nominee for a Supreme Court Vacancy: Overview [June 27, 2018]
"On June 27, 2018, Justice Anthony Kennedy, after serving on the Supreme Court as an Associate Justice since 1988, announced his intention to retire from the U.S. Supreme Court. Justice Kennedy indicated that his retirement would be effective July 31, 2018. This Insight provides an overview of several issues related to the selection of a nominee by a President for a vacancy on the Court. For additional information and analyses on these and other issues, see CRS Report R44235, Supreme Court Appointment Process: President's Selection of a Nominee."
Library of Congress. Congressional Research Service
McMillion, Barry J.
2018-06-27
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TRICARE Modernization: Eligibility for the Federal Employee Dental and Vision Insurance Program [June 27, 2018]
"In an effort to improve TRICARE dental and vision coverage through 'enhanced benefits,' in 2016 Congress expanded (P.L. 114-328) eligibility for the Federal Employees Dental and Vision Insurance Program (FEDVIP) to certain TRICARE beneficiaries. FEDVIP is a dental and vision benefit program for federal employees and annuitants. Uniformed services retirees and their family members are to be eligible to enroll in FEDVIP in November 2018, with coverage beginning on January 1, 2019. Non-active duty TRICARE beneficiaries (i.e., family members of uniformed service members, reserve component members, and survivors) enrolled in a TRICARE health plan are to be eligible to enroll in only a FEDVIP vision plan."
Library of Congress. Congressional Research Service
Mendez, Bryce H. P.
2018-06-27
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Congressional Liaison Offices of Selected Federal Agencies [June 28, 2018]
"This list of about 200 congressional liaison offices is intended to help congressional offices in placing telephone calls and addressing correspondence to government agencies. The information was supplied by the appropriate agency and is current as of the date of publication. Entries are arranged alphabetically in four sections: legislative branch; judicial branch; executive branch; and agencies, boards, and commissions."
Library of Congress. Congressional Research Service
Crane-Hirsch, Audrey Celeste
2018-06-28
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Boko Haram and the Islamic State's West Africa Province [June 28, 2018]
"Boko Haram emerged in the early 2000s as a small Sunni Islamic sect in Nigeria advocating a strict interpretation and implementation of Islamic law, and has evolved since 2009 to become one of the world's deadliest terrorist groups. The nickname Boko Haram was given by local communities to describe the group's narrative that Western education and culture are corrupting influences and haram ('forbidden'). The group called itself Jama'a Ahl as-Sunna Li-da'wa waal Jihad (roughly translated from Arabic as 'People Committed to the Propagation of the Prophet's Teachings and Jihad'). In 2015, its leadership pledged allegiance to the Islamic State (IS, aka ISIS/ISIL), and renamed itself as the Islamic State's West Africa Province (aka ISWAP, ISIS-WA, hereafter IS-WA). The group, still widely referred to as Boko Haram, subsequently split into two factions. Both pose an ongoing security threat in Nigeria and the surrounding Lake Chad Basin region."
Library of Congress. Congressional Research Service
Blanchard, Lauren Ploch; Cavigelli, Katia T.
2018-06-28
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Cuba: U.S. Policy Overview [July 2, 2018]
"Since the early 1960s, when the United States imposed a trade embargo on Cuba, the centerpiece of U.S. policy toward Cuba has consisted of economic sanctions aimed at isolating the Cuban government. In December 2014, however, the Obama Administration initiated a major policy shift, moving away from sanctions toward a policy of engagement and the normalization of relations. The policy change included the rescission of Cuba's designation as a state sponsor of international terrorism in May 2015; the restoration of diplomatic relations in July 2015; and steps to increase travel, commerce, and the flow of information to Cuba."
Library of Congress. Congressional Research Service
Sullivan, Mark P.
2018-07-02
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Opioid Treatment Programs and Related Federal Regulations [June 26, 2018]
"Federally certified opioid treatment programs (OTPs)-- often called methadone clinics--offer opioid medications, counseling, and other services for individuals addicted to heroin or other opioids. The use of opioid medications to treat opioid addiction is subject to federal regulations beyond those that apply to the same medications used for other purposes (e.g., treating pain). The medications methadone and buprenorphine are both opioids; their use to treat opioid addiction is often called opioid substitution therapy or opioid replacement therapy. With few exceptions, the use of methadone to treat opioid addiction is limited to OTPs; however, physicians who wish to treat opioid addiction using buprenorphine may obtain a waiver to do so outside an OTP. A non-opioid medication used in the treatment of opioid addiction, naltrexone, may be used by OTPs, physicians with waivers, or anyone with the authority to write prescriptions."
Library of Congress. Congressional Research Service
Duff, Johnathan H.
2018-06-26
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Foreign Investment Risk Review Modernization Act (FIRRMA) [July 3 2018]
"Some Members of Congress, the Trump Administration, and some U.S. businesses have raised concerns over continued U.S. technological leadership to support national defense and economic security due to growing foreign, primarily Chinese, investments in U.S. high-tech companies. These and other concerns motivated the House and the Senate to adopt measures, both known as the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). The bills would amend the current process for the Committee on Foreign Investment in the United States (CFIUS) (under P.L. 110-49) to review, on behalf of the President, the national security implications of foreign direct investments in the United States."
Library of Congress. Congressional Research Service
Jackson, James K., 1949-
2018-07-03
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Broadband Data and Mapping [July 3, 2018]
"Improving the quality of broadband deployment data has become an issue of congressional interest, as policymakers recognize that more accurate broadband availability maps could help ensure that federal broadband programs target unserved areas of the country that are most in need of assistance. Since the initial deployment of broadband in the late 1990s, two federal agencies have implemented broadband availability data collection and mapping initiatives: the National Telecommunications and Information Administration (NTIA) at the Department of Commerce (DOC) and the Federal Communications Commission (FCC)."
Library of Congress. Congressional Research Service
2018-07-03
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Violence Against Journalists and Media workers in Mexico and U.S. Policy [May 3, 2018]
"The following memorandum provides background information on threats to journalists in Mexico, Mexican government efforts to prevent and punish violence against journalists, and U.S. programs to support journalists and strengthen Mexico's ability to protect them. For the purposes of this memorandum, the term 'journalists' includes all media workers."
Library of Congress. Congressional Research Service
Seelke, Clare Ribando
2018-05-06
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DACA Rescission: Legal Issues and Litigation Status [May 23, 2018]
"On September 5, 2017, the Department of Homeland Security (DHS) issued a memorandum announcing its decision to rescind the Deferred Action for Childhood Arrivals initiative (DACA), which the Obama Administration implemented in 2012 to provide temporary relief from removal and work authorization, among other benefits, to certain unlawfully present aliens who arrived in the United States as children. As justification for the rescission, DHS relied upon a letter from Attorney General Sessions concluding that DACA was illegal--specifically, that it lacked 'proper statutory authority,' was 'an unconstitutional exercise of authority by the Executive Branch,' and would likely be enjoined in 'potentially imminent litigation.' Litigation has ensued at cross purposes. DACA recipients and other parties, including states and universities, filed lawsuits in four federal district courts challenging the rescission as unlawful. Two of those district courts have issued nationwide preliminary injunctions that currently require DHS to continue processing applications for DACA relief from individuals who have obtained DACA relief in the past (renewal applicants), but not applications from individuals who would be first-time DACA enrollees. The order of a third district court--which will go into effect on July 23, 2018, unless DHS provides new reasoning that adequately justifies the rescission in the court's view--would require DHS to process both first-time and renewal applications for DACA relief. After these district court decisions, Texas and six other states filed a separate lawsuit seeking to bar DHS from continuing to grant DACA relief."
Library of Congress. Congressional Research Service
Harrington, Ben
2018-05-23
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Venezuela's 2018 Presidential Elections [May 24, 2018]
"On May 20, 2018, Venezuela held presidential elections that were boycotted by the Democratic Unity Roundtable (MUD) coalition of opposition parties and dismissed as illegitimate by the United States, the European Union (EU), and 14 Western Hemisphere nations (the Lima Group). According to the official results, President Nicolás Maduro of the United Socialist Party of Venezuela (PSUV) won reelection for a second six-year term with 67.7% of the vote amidst relatively high abstention (46% of voters participated). Maduro's main opponent, Henri Falcón, former governor of Lara state, rejected the results. The election triggered new U.S. sanctions. The Maduro government rejected those sanctions and expelled the top two U.S. diplomats in Caracas; the U.S. State Department responded reciprocally."
Library of Congress. Congressional Research Service
Seelke, Clare Ribando
2018-05-24
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Judicial Review of Rescissions and Deferrals Under the Impoundment Control Act [May 14, 2018]
From the Document: "On May 8, 2018, the Trump Administration proposed rescissions totaling approximately $15.4 billion of unobligated funds appropriated in prior fiscal years. The proposed rescissions target funds appropriated for a variety of federal activities, including, but not limited to, animal and plant health programs, rural rental assistance, U.S. Forest Service land acquisition, loans to automobile manufacturers to produce advanced technology vehicles, and funding to states under the Children's Health Insurance Program (CHIP). In many cases, the proposed rescissions relate to programs whose authority has lapsed or programs that are not expected to require the amounts proposed to be rescinded under current spending projections. As a result, the Office of Management and Budget (OMB) estimates that the proposed rescission of $15.4 billion in appropriated funds would translate to a $3 billion reduction in outlays from the Treasury. A proposed rescission is one of two types of presidential actions authorized under the Impoundment Control Act of 1974 (ICA), which was enacted to regularize the process by which the Executive impounded, or withheld, funds that had been appropriated by Congress. Although impoundments of federal funds have been made by the executive branch as far back as the Jefferson Administration to avoid waste or inefficient spending, it was the increased use of impoundments during the 1970s in furtherance of broader policy or economic goals that precipitated the enactment of the ICA."
Library of Congress. Congressional Research Service
Liu, Edward C.
2018-05-14
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Is There Liability for Cross-Border Shooting? [May 22, 2018]
"In 2010, a border patrol agent, standing in the United States, shot and killed a 15-year old Mexican boy standing across the border in Mexico. The Hernandez's parents sued. Last June, the Supreme Court returned the case to the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) for further legal proceedings. Hernandez v. Mesa. The Fifth Circuit has now ruled that the Hernandez family may not sue the border patrol agent under an implied-cause-of-action Bivens theory. Bivens refers to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, a 1971 case in which the Supreme Court held that a victim of an unconstitutional search and seizure enjoyed an implied cause of action against the offending agents for damages in the absence of any other legal remedy. In later cases, the Supreme Court has hesitated to recognize an implied cause of action for other constitutional violations. Whether the Court will recognize an implied cause of action in these new-context cases turns on the existence of any special factors suggesting that the existence of any remedy for the constitutional violation should be left to Congress. The Court returned Hernandez to the Fifth Circuit for this 'special factor' analysis. The Fifth Circuit identified special factors that it held precluded recognition of an implied cause of action."
Library of Congress. Congressional Research Service
Doyle, Charles
2018-05-22
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Lebanon's 2018 Elections [May 11, 2018]
From the Document: "On May 6, 2018, Lebanon held its first legislative elections in nine years. The results showed that parties allied with Hezbollah increased their share of seats from roughly 44% to 53%. However, as in past Lebanese governments, rival parliamentary blocs will likely need to reach consensus in order to secure the passage of major policy initiatives. The 128 seats in Lebanon's parliament, known formally as the Chamber of Deputies, are divided evenly between Christians and Muslims. This reflects Lebanon's broader political system in which power is divided among the country's various religious groups or 'confessions.' In what is referred to as Lebanon's confessional system, the presidency is reserved for a Maronite Christian, the prime minister post for a Sunni Muslim, and the speaker of parliament for a Shi'a Muslim. Confessional allotments (in varying proportions) also extend to the division of seats in electoral districts."
Library of Congress. Congressional Research Service
Humud, Carla E.
2018-05-11
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Iran's Foreign and Defense Policies [May 23, 2018]
"Successive Administrations have identified Iran as a key national security challenge, citing Iran's nuclear and missile programs as well as its long-standing attempts to counter many U.S. objectives in the region. Director of National Intelligence Dan Coats, in his February 13, 2018, annual worldwide threat assessment testimony before Congress, assessed that 'Iran will seek to expand its influence in Iraq, Syria, and Yemen, where it sees conflicts generally trending in Tehran's favor ...' and 'Iran will develop military capabilities that threaten U.S. forces and allies in the region....' Successive National Defense Authorization Acts (NDAAs) have required an annual report on Iran's military power, which has in recent years contained assessments of Iran similar to those presented by the intelligence community."
Library of Congress. Congressional Research Service
Katzman, Kenneth
2018-05-23
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FBI Director Nominations, 1973-2017 [May 29, 2018]
From the Document: "The Director of the Federal Bureau of Investigation (FBI) is appointed by the President by and with the advice and consent of the Senate. The statutory basis for the present nomination and confirmation process was developed in 1968 and 1976, and has been used since the death of J. Edgar Hoover in 1972. From 1973 through 2017, eight nominations for FBI Director were confirmed, and two other nominations were withdrawn by the President before confirmation. The position of FBI Director has a fixed 10-year term, and the officeholder cannot be reappointed, unless Congress acts to allow a second appointment of the incumbent. There are no statutory conditions on the President's authority to remove the FBI Director. From 1973 through 2017, two Directors were removed by the President. President William J. Clinton removed William S. Sessions from office on July 19, 1993, and President Donald J. Trump removed James B. Comey from office on May 9, 2017."
Library of Congress. Congressional Research Service
Hogue, Henry B.
2018-05-29
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Juneteenth: Fact Sheet [May 30, 2018]
"Juneteenth celebrates the end of slavery in the United States. It is also known as Emancipation Day, Juneteenth Independence Day, and Black Independence Day. On June 19, 1865, Major General Gordon Granger arrived in Galveston, TX, and announced the end of the Civil War and the end of slavery. Although the Emancipation Proclamation came 2½ years earlier on January 1, 1863, and many slave owners continued to hold their slaves captive after the announcement, Juneteenth became a symbolic date representing African American freedom. This fact sheet assists congressional offices with work related to Juneteenth. It contains sample speeches and remarks from the Congressional Record, presidential proclamations and remarks, and selected historical and cultural resources."
Library of Congress. Congressional Research Service
Higgins, Molly
2018-05-30
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Prioritizing Waterway Lock Projects: Barge Traffic Changes [June 1, 2018]
"Congress faces decisions about prioritizing new lock construction projects on the inland waterway system. As both houses debate differing versions of water resources and development bills (S. 2800, H.R. 8) and the FY2019 Energy and Water Development Appropriations bill (S. 2975, H.R. 5895), the decision about which of these projects could be undertaken first will likely be among the most controversial issues. The inland waterway system supports barge transportation of heavy raw materials such as grain, coal, petroleum, and construction aggregates. The new locks are needed, according to the Army Corps of Engineers (USACE) and barge shippers, where existing locks are in poor condition, requiring frequent closures for repairs, and/or because a lock's size causes delays for barge tows. The total estimated cost for the 21 planned lock projects is several billion dollars (many of the individual projects have a cost estimate of between $300 million and $800 million). However, available funding for these projects is about $200 million per year. This is because of limited appropriations and cost-sharing capabilities. Under current cost-share arrangements, the barge industry pays half the cost of construction projects. It does this by paying a $0.29 per gallon fuel tax, which annually generates around $100 million."
Library of Congress. Congressional Research Service
Frittelli, John
2018-06-01
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Water Authorization Legislation in Brief: H.R. 8 and S. 2800 [June 1, 2018]
"The 115th Congress is deliberating two water authorization bills: H.R. 8, the Water Resources Development Act of 2018 (WRDA 2018), and S. 2800, America's Water Infrastructure Act of 2018 (AIWA 2018). Both bills were introduced and marked up by their respective authorizing committees in May 2018. In the tradition of previous legislation with the Water Resources Development Act (WRDA) title, H.R. 8 focuses on authorizing water resource projects and activities of the U.S. Army Corps of Engineers (USACE). S. 2800 includes not only provisions related to USACE provisions but also provisions related to the U.S. Environmental Protection Agency (EPA), particularly in Title V of the bill ('EPA-Related Provisions'). In addition, S. 2800 includes a few other provisions that relate primarily to Department of the Interior activities and programs. Issues for the 115th Congress related to these deliberations include the scope of water issues to be addressed, how the legislation would affect federal spending, and how the legislation would affect federal and nonfederal investments in water infrastructure. There is also interest in altering how the USACE is structured and modifying its operations and delivery of water resource projects. This report provides an overview of H.R. 8 and S. 2800, including context related to the bills and the topics shaping deliberations. After a brief background, the report presents a broad overview of the two bills. The next section describes the context for the USACE provisions and discusses how the two bills address selected topics. The final section describes EPA-related provisions."
Library of Congress. Congressional Research Service
Carter, Nicole T.; Tiemann, Mary
2018-06-01
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Daylight Saving Time [May 29, 2018]
"Daylight Saving Time (DST) is a period of the year between spring and fall when clocks in most parts of the United States are set one hour ahead of standard time. The beginning and ending dates and times--the second Sunday in March at two o'clock ante meridian and the first Sunday in November at two o'clock ante meridian--are set in statute.1 Congressional interest in the potential benefits and costs of DST has resulted in changes to DST observance since it was first adopted in the United States. Congress may consider whether to make additional changes to DST observance or standard time. Congress may also consider whether additional examination of potential benefits and costs of DST observance would be informative. This report presents a selected history of DST in the United States and includes a summary of potential effects, selected state actions related to DST or standard time, and federal legislation that has been introduced related to DST in the 115th Congress."
Library of Congress. Congressional Research Service
Clark, Corrie E.; Cunningham, Lynn J.
2018-05-29
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Federal Grants and Loans for State and Local Emergency Communications Projects: Frequently Asked Questions [June 1, 2018]
"Improving emergency communications has been an area of congressional interest for many years. Before September 11, 2001, Congress provided funding through grants, which could be used to improve state and local emergency communications through purchases of police and fire radios, construction of communication towers, and disaster planning, training, and exercises. After September 11, 2001, Congress increased funding to improve interoperability between public safety agencies at all levels of government to enhance communication and coordination during response. Congress has also supported investments in broadband for public safety through several grant and loan programs, many focused on expanding broadband to rural areas. In 2012, Congress provided $6.5 billion to create the First Responder Network (FirstNet), a new nationwide public safety broadband network. While this provides public safety agencies with a common platform to communicate, state, local, tribal, and territorial agencies may look to federal funding to equip responders with devices, and to enhance coverage."
Library of Congress. Congressional Research Service
Gallagher, Jill C.
2018-06-01
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Farm Bills: Major Legislative Actions, 1965-2018 [May 31, 2018]
"The farm bill provides an opportunity for Congress to address agricultural and food issues comprehensively about every five years. Over time, farm bills have tended to become more complicated and politically sensitive. As a result, the timeline for reauthorization has become less certain, and in general recent farm bills have taken longer to enact than in previous decades. Recent farm bills, beginning with the 2008 farm bill (P.L. 110-246), have been subject to various developments that have delayed enactment, such as insufficient votes to pass the House floor, presidential vetoes, and short-term extensions. The 2014 farm bill took more than 21 months from introduction to enactment and spanned the 112th and 113th Congresses. The House rejected a bill in 2013 and then passed separate farm and nutrition assistance components before procedurally recombining them for conference with the Senate. Somewhat similarly, the 2008 farm bill took more than a year to enact and was complicated by revenue provisions from another committee of jurisdiction, temporary extensions, and vetoes."
Library of Congress. Congressional Research Service
Monke, Jim
2018-05-31
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Questions Remain, Litigation Continues, over Military Service by Transgender Individuals [July 5, 2018]
"At present, the ability of openly transgender individuals to enlist and serve in the military, and receive certain military-funded medical care, remains unclear. Four lawsuits challenging the President's August 25, 2017, memorandum concerning transgender individuals in the military continue to work their way through federal courts in the District of Columbia (Doe v. Trump), Maryland (Stone v. Trump), California (Stockman v. Trump), and Washington (Karnoski v. Trump). While this litigation was underway, the President issued a second memorandum on March 23, 2018, revoking the first memorandum, and providing for further policies with respect to transgender persons. The effect of this second memorandum on these four cases and the legal arguments they raise--including a constitutional challenge to the President's first memorandum on Fifth Amendment equal protection grounds--has yet to be definitively resolved by the courts. This sidebar discusses the procedural background of these lawsuits, the President's first and second memoranda, and the issues that may come before the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit), which could be the first federal appellate court to determine the constitutionality of the President's latest policies on military service by transgender persons."
Library of Congress. Congressional Research Service
Back, Christine J.
2018-07-05
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UPDATE: Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part I) [June 27, 2018]
"The Supreme Court long ago described the First Amendment's protection against compelled speech as a 'fixed star in our constitutional constellation.' This Term, the Court may decide whether it has steered too far from that shining precept in the area of public employee union dues (or agency fees) in Janus v. American Federation of State, County, and Municipal Employees, Council 31. Specifically, the Court will consider whether to overrule its 1977 decision in Abood v. Detroit Board of Education, in which the Court announced the basic test for determining the validity of 'agency shop' arrangements between a union and a government employer. Agency shop arrangements (sometimes called 'fair share' provisions) require employees to pay a fee to the union designated to represent their bargaining unit even if the employees are not members of that union. The Abood Court held that these arrangements do not violate the First Amendment insofar as the union uses the fees for 'collective bargaining activities' and not 'ideological activities unrelated to collective bargaining.' In its October 2015 Term, the full Court heard oral argument on whether to overrule Abood, but ultimately divided four-to-four on this question following the death of Justice Scalia. Now that Justice Gorsuch has joined the bench, it remains to be seen whether a majority of the Court will reaffirm Abood or chart a new course."
Library of Congress. Congressional Research Service
2018-06-27
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Federal Assistance for Wildfire Response and Recovery [June 27, 2018]
From the Document: "Wildfires are unplanned and unwanted fires. Wildfires can have some beneficial impacts on an ecosystem, but also often threaten homes and communities and force the evacuation of thousands of people. Wildfires are often caused by lightning strikes, and may also occur when a prescribed burn escapes control or through unauthorized human activities (deliberate or accidental). Over the last 10 years (2008-2017), wildfires have burned 6.6 million acres annually on average in the United States. In 2017, more than 71,500 wildfires burned 10.0 million acres and destroyed more than 12,300 structures nationwide. More than 65% (8,065) of the structures destroyed were residences, and nearly 90% of the structures destroyed (11,000) were in a single state, California. Congress and other stakeholders have considered options for federal support and assistance to address wildfire suppression during a fire, post-wildfire recovery in the aftermath, and land management activities to reduce the risk of future catastrophic wildfires."
Library of Congress. Congressional Research Service
Hoover, Katie
2018-06-27
