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COVID-19 Air Traffic Visualization: COVID-19 Cases in China Were Likely 37 Times Higher Than Reported in January 2020
From the Key Finding: "Many people have raised concerns about the accuracy of COVID-19 [coronavirus disease 2019] data from China. In this report, we present strong evidence that China's reported COVID-19 caseload was undercounted by a factor of nearly 40. Based on officially reported cases in China in January 2020, the odds of the novel coronavirus appearing by January 22, 2020, in Japan, Thailand, South Korea, the United States, and Taiwan--as it did--would have been minuscule."
RAND Corporation
Hanson, Russell; Mouton, Christopher A.; Grissom, Adam . . .
2020
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COVID-19 Air Traffic Visualization: Air Passenger Transmission Risk to GCC Countries Originated from Outside the Region
From the Key Finding: "Transmission risk resulting from air travel is often global rather than regional in nature. Although regional countries often have more connectivity with one another than with countries outside the region, the GCC [Gulf Cooperation Council] countries are highly connected globally. As a result, most of the COVID-19 [coronavirus disease 2019] transmission risk for most GCC countries originated from air travelers outside the region, first from China and then from elsewhere."
RAND Corporation
Hanson, Russell; Mouton, Christopher A.; Grissom, Adam . . .
2020
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COVID-19 Air Traffic Visualization: Decisionmakers Should Base Travel Restrictions on Infection Rates Per Capita and Air Traffic Levels
From the Key Finding: "Travel advisories from the U.S. Department of State and warnings from the Centers for Disease Control and Prevention focus primarily on the risk of travel to particular countries. Additional metrics could measure the risk of travel from particular countries with both high infection rates and high numbers of air travelers to the United States. Future assessments focused on these alternative metrics would allow U.S. authorities to reduce passenger air travel, or at least increase the screening of air passengers, from the highest-risk countries."
RAND Corporation
Hanson, Russell; Mouton, Christopher A.; Grissom, Adam . . .
2020
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COVID-19 Air Traffic Visualization: By January 31, 2020, at Least 1.5 Daily Infected Passengers Were Originating in China
From the Key Finding: "By January 31, 2020, passengers from China were likely exporting at least 1.5 cases of COVID-19 [coronavirus disease 2019] globally per day. The eight countries most at risk of infection, based on our modeling, were Japan, Thailand, South Korea, the United States, Taiwan, Australia, Singapore, and Malaysia. These were also the eight countries with the most confirmed cases outside of China as of January 31, 2020."
RAND Corporation
Hanson, Russell; Mouton, Christopher A.; Grissom, Adam . . .
2020
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Ten Ways IP Has Enabled Innovations That Have Helped Sustain the World Through the Pandemic
From the Document: "From vaccines and therapeutics to delivery robots, intellectual property has played an indispensable role in facilitating development of a range of inventive products that have helped address health care, work, and social challenges brought on by the pandemic."
Information Technology and Innovation Foundation
McDole, Jaci; Ezell, Stephen J.
2021-04
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Vacancies Act: A Legal Overview [Updated May 28, 2021]
From the Document: "The Federal Vacancies Reform Act of 1998 (Vacancies Act) generally provides the exclusive means by which a government employee may temporarily perform the functions and duties of a vacant advice-and-consent position in an executive agency. [...] This report first describes how the Vacancies Act operates and outlines its scope, identifying when the Vacancies Act applies to a given office and which offices are exempt from its provisions. The report then explains who may serve as an acting officer and for how long, focusing on the limitations the Vacancies Act places on acting service. Next, the report discusses how the Vacancies Act is enforced. Finally, the report turns to evolving legal issues regarding the application of the Vacancies Act, including a discussion of how other federal laws may limit the Act's reach. Specifically, the report concludes by examining the interaction of the Vacancies Act with agency-specific statutes, the ability to delegate the duties of a vacant office, and constitutional considerations."
Library of Congress. Congressional Research Service
Brannon, Valerie C.
2021-05-28
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Electronic Authentication Guideline [September 2004]
"Electronic authentication (E-authentication) is the process of establishing confidence in user identities electronically presented to an information system. E-authentication presents a technical challenge when this process involves the remote authentication of individual people over a network, for the purpose of electronic government and commerce. This recommendation provides technical guidance to agencies to allow an individual person to remotely authenticate his/her identity to a Federal IT system. This guidance addresses only traditional, widely implemented methods for remote authentication based on secrets. With these methods, the individual to be authenticated proves that he or she knows or possesses some secret information. NIST expects to explore other means of remote authentication (for example using biometrics, or by extensive knowledge of private, but not truly secret, personal information) and may develop additional guidance on the use of these methods for remote authentication."
National Institute of Standards and Technology (U.S.)
Polk, William T.; Dodson, Donna F.; Burr, William E.
2004-09
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Conceptual Design for a Multiplayer Security Force Assistance Strategy Game
"The authors explain the conceptual underpinnings and basic rules for a RAND-designed security force assistance strategy game. The game is a tool to explore the potential benefits and risks of different security force assistance strategies under different conditions. The game engine draws on empirical evidence and best practices and, thus, can be applied in many contexts."
RAND Corporation
Bartels, Elizabeth M.; Chivvis, Christopher S.; Grissom, Adam . . .
2019
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Electronic Authentication Guideline [August 2013]
"This recommendation provides technical guidelines for Federal agencies implementing electronic authentication and is not intended to constrain the development or use of standards outside of this purpose. The recommendation covers remote authentication of users (such as employees, contractors, or private individuals) interacting with government IT systems over open networks. It defines technical requirements for each of four levels of assurance in the areas of identity proofing, registration, tokens, management processes, authentication protocols and related assertions. This publication supersedes NIST SP [National Institute of Standards and Technology Special Publication] 800-63-1."
National Institute of Standards and Technology (U.S.); United States. Department of Commerce
Burr, William E.; Dodson, Donna F.; Newton, Elaine M. . . .
2013-08
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Electronic Authentication Guideline: Recommendations of the National Institute of Standards and Technology
"Electronic authentication (e-authentication) is the process of establishing confidence in user identities electronically presented to an information system. E-authentication presents a technical challenge when this process involves the remote authentication of individual people over an open network, for the purpose of electronic government and commerce. The guidelines in this document assume the authentication and transaction take place across an open network such as the Internet. In cases where the authentication and transaction take place over a controlled network, agencies may take these security controls into account as part of their risk assessment. This recommendation provides technical guidelines to agencies to allow an individual to remotely authenticate his or her identity to a Federal IT system. This document may inform but does not restrict or constrain the development or use of standards for application outside of the Federal government, such as e-commerce transactions. These guidelines address only traditional, widely implemented methods for remote authentication based on secrets. With these methods, the individual to be authenticated proves that he or she knows or possesses some secret information."
National Institute of Standards and Technology (U.S.)
Burr, William E.; Dodson, Donna F.; Newton, Elaine M.
2011-12
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Cryptographic Algorithms and Key Sizes for Personal Identity Verification
"The Homeland Security Presidential Directive (HSPD) 12 mandated the creation of new standards for interoperable identity credentials for physical and logical access to Federal government locations and systems. Federal Information Processing Standard 201 (FIPS 201), 'Personal Identity Verification (PIV) of Federal Employees and Contractors', was developed to establish standards for identity credentials [FIPS201]. This document, Special Publication 800-78 (SP 800-78), specifies the cryptographic algorithms and key sizes for PIV systems and is a companion document to FIPS 201."
National Institute of Standards and Technology (U.S.)
Polk, William T.; Dodson, Donna F.; Burr, William E.
2005-04
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Guidelines for the Selection, Configuration, and Use of Transport Layer Security (TLS) Implementations
"Transport Layer Security (TLS) provides mechanisms to protect sensitive data during electronic dissemination across the Internet. This Special Publication provides guidance to the selection and configuration of TLS protocol implementations while making effective use of Federal Information Processing Standards (FIPS) and NIST [National Institute of Standards and Technology]-recommended cryptographic algorithms, and requires that TLS 1.1 configured with FIPS-based cipher suites as the minimum appropriate secure transport protocol and recommends that agencies develop migration plans to TLS 1.2 by January 1, 2015. This Special Publication also identifies TLS extensions for which mandatory support must be provided and other recommended extensions."
National Institute of Standards and Technology (U.S.)
Chokhani, Santosh; McKay, Kerry; Polk, Tim, 1962-
2014-04
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Enclosure of the Oceans Versus the Common Heritage of Mankind: The Inherent Tension Between the Continental Shelf Beyond 200 Nautical Miles and the Area
From the Introduction: "The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is rightly regarded as a major achievement of diplomacy in the late twentieth century. It has been variously described as the 'constitution for the ocean' and 'the most far reaching and complex conventional undertaking' of the United Nations since the adoption of the UN Charter itself in 1945. [...] Yet despite its many achievements and undoubted success, there is a deep-seated underlying tension that continues to exist at the heart of UNCLOS. This tension lies between the delineation of the continental shelf beyond 200 nautical miles under Article 76 of UNCLOS and the delineation of the extent of the Area as defined in Article 1(1). So far, this tension has not manifested itself in the form of disputes. Nevertheless, as activities in the Area expand and advances in marine survey technology reveal a more complex seabed morphology than was understood in 1982, leading to more expansive claims to national jurisdiction, the possibility exists that two fundamentally different approaches--the exclusivity of coastal State jurisdiction versus the international character and shared space of the Area--are set on a collision course that may challenge one of the basic underlying foundations of UNCLOS. This tension manifests itself in at least three ways, which will be explored in the following Parts of this essay. First, there is the problem of determining the limits of the Area itself, and hence the jurisdiction of the ISA [International Seabed Authority]. Second, there is the problem of dealing with potential disputes over the delineation or delimitation of the continental shelf and the spillover consequences of those disputes. Third, there is the unfinished business of implementing the revenue-sharing provisions of Article 82 of UNCLOS."
Naval War College (U.S.). International Law Studies
Lodge, Michael
2021
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Responding to Hostile Cyber Operations: The 'In-Kind' Option
From the Introduction: "State-on-State security-related tension is on the rise, nowhere more so than in cyberspace. A standout miscreant in this regard is Russia, which has meddled in elections of its perceived adversaries, including the 2014 Ukrainian election, 2016 U.S. presidential election, 2017 French presidential election, 2017 German federal election and the 2020 U.S. elections. It also reportedly has implanted dormant malware in U.S. power grids and other critical infrastructure that potentially could be targets of hostile cyber operations during future conflict and was behind the 2017 NotPetya attacks against Ukraine that spread globally causing billions in financial losses. Most recently, Russia has been blamed for the SolarWinds operation that spread malware across the U.S. government and the private sector. The operation led to calls from senior government officials, including President-elect Joe Biden, for a robust response."
Naval War College (U.S.). International Law Studies
Schmitt, Michael N.; Johnson, Durward E.
2021
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Nuclear Terrorism: Statutory Shortcomings and Prosecutorial Opportunities
From the Introduction: "Following the September 11, 2001 attacks, the U.S. Department of Justice (DOJ) signaled a decisive shift toward counterterrorism as one of its top enforcement priorities. Nearly twenty years later, the results of this shift present a mixed bag. While the post-9/11 landscape has undoubtedly bolstered federal efforts in investigating and prosecuting terrorists, enforcement gaps still exist with regard to certain terrorist activities. One such activity is nuclear terrorism, defined as the use of or interference with a nuclear weapon, nuclear material, or a nuclear facility in order to further an act of terrorism. Despite relatively few federal nuclear terrorism prosecutions, nuclear terrorism is widely acknowledged as a critical security issue due to the singularly destructive power of nuclear weapons and the geopolitical dimension of the threat."
Naval War College (U.S.). International Law Studies
Mishra, Rohan G.
2021
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Protection of Data in Armed Conflict
From the Introduction: "These days, our thoroughly digitalized societies run on data. Indeed, the notion of data is embedded in the very concept of digitalization, and no process or service that relies on computing power is conceivable without it. It is therefore only natural that experts of international humanitarian law (IHL) have for a while now pondered over the question of how to treat data under the existing legal frameworks applicable to armed conflicts, starting from the premise that military operations affecting data 'could cause more harm to civilians than the destruction of physical objects.' At the same time, the debate has at times suffered from ambiguities and inaccuracies concerning the subject matter. This article attempts to clarify some of the concepts involved and lays out the problem by exposing the relevance of the protection of data in armed conflict, based on a number of brief scenarios. After summarizing the present debate relating to the application of the rules of armed conflict, the article goes beyond the limited scope of existing IHL in order to advance awareness of the problem as a starting point for further discussion."
Naval War College (U.S.). International Law Studies
Geiss, Robin; Lahmann, Henning Christian, 1981-
2021
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Israel's Perspective on Key Legal and Practical Issues Concerning the Application of International Law to Cyber Operations
This Document is a transcript of the keynote speech delivered by Israeli Deputy Attorney General (International Law), Dr. Roy Schöndorf, on December 8, 2020 at the Stockton Center for
International Law, U.S. Naval War College's event on "Disruptive Technologies and International Law." From the Introduction: "I would like to present, here today, Israel's perspective on key aspects of the application of international law in connection with cyber operations, with a particular emphasis on issues related to the use of force and armed conflicts. The question of how international law adapts to emerging technologies is one of the most challenging ones faced by legal advisers. These challenges compel us to revisit notions that have been with us for decades, and sometimes centuries. We can see this in the fields of artificial intelligence, blockchain, and, of course, in the context of cyber operations. Israel considers that international law is applicable to cyberspace, and this is a view that has become almost axiomatic for a vast majority of States. However, when seeking to apply particular legal rules to this domain, we are mindful of its unique features."
Naval War College (U.S.). International Law Studies
Schondorf, Roy S.
2021
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Maritime Autonomous Surface Ships: New Possibilities--and Challenges-- in Ocean Law and Policy
From the Introduction: "The advent of autonomous vessel technology heralds a new future for activities on the world's oceans. In the brightest vision of this future, global maritime shipping will be more efficient and ecologically sound, rescuers will have unprecedented ability to locate and assist those in peril at sea, and maritime law enforcement officers will wield heretofore unknown tools to interdict illicit maritime trafficking. In contrast to the promise of this vision lies the sobering reality that autonomous vessels challenge the existing international order of the seas, from collision avoidance to safe manning and beyond. This article examines the extent to which the existing international order can address the challenges posed by autonomous vessel operations. It does so through the lens of the U.S. Coast Guard, whose legal authorities and operational capabilities as an armed force, law enforcement agency, and industry regulator provide a unique vantage for understanding the promise and perils of autonomous vessel technology. Specifically, this article will analyze autonomous vessel technology in the context of three core Coast Guard mission areas: (1) search and rescue, (2) maritime counterdrug operations, and (3) navigational safety. It will argue that the dawn of autonomous vessels--a watershed moment in personal and digital maritime mobility with great potential for aiding humanity--is not an unmitigated good. Indeed, autonomous vessels are of singular importance precisely because of their capacity for misuse and even disaster."
Naval War College (U.S.). International Law Studies
Coito, Joel
2021
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Legal Reviews of War Algorithms
From the Introduction: "Remarkable developments in robotics over the last years have led to a new 'summer' of artificial intelligence (AI). Notably, machine learning and deep learning transform daily life. Humans increasingly rely on 'external' intelligence without even realizing it. The military has also recognized the significant potential of AI. Security forces employ AI tools for information analysis and facial recognition, for instance. Yet, the interest goes further. Technologically advanced States, such as the United States, China, and Russia, have started to engage in an arms race regarding military applications of AI. Major research and development projects, often involving partnerships between defense ministries, private companies, and academia, are currently underway. Given AI's significant advantages, there is a strong tendency for increased autonomy in security affairs. This includes an unbroken trend towards increased autonomy in relation to the military use of force against objects and persons."
Naval War College (U.S.). International Law Studies
Vestner, Tobias; Rossi, Altea
2021
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Armed Conflicts in Outer Space: Which Law Applies?
From the Introduction: "In November 2019, the North Atlantic Treaty Organization (NATO) declared 'outer space' to be its fifth operational domain, next to those of the land, sea, airspace, and cyberspace. While space assets and services have played a major role in military and security-related operations for decades, they have remained confined to an ancillary and supportive role to the actual conflict fought on Earth. NATO's announcement, by suggesting that the pivotal Article 5 of the North Atlantic Treaty on collective self-defense of individual member States could now legitimize joint military actions in outer space, heralded a paradigm change, as the use of force 'in' or at least 'from' outer space is now considered a distinct possibility. Would that mean that 'Star Wars' is about to become a reality? NATO's announcement followed developments over the last few years that, taken together, make the likelihood of armed conflicts in outer space at least less remote. Russian satellites have undertaken unfriendly rendezvous maneuvers with Western satellites, India flexed its military space muscle by undertaking its first anti-satellite test, Chinese-U.S. political relations have soured considerably over the last few years with outer space being one of the key interests at stake, and in setting up a 'Space Force', the United States made it clearly understood that outer space is coming into its own as another operational warfighting domain. If armed conflicts conducted in or from outer space were to materialize, the overarching legal question concerns the limitations that would apply. Or, put the other way around, what rights would States have to use force (or related instruments to cause damage or destruction) in or from outer space against opponents in an armed conflict? Put more simply, what does 'the law' have to say about a real-world version of 'Star Wars?'"
Naval War College (U.S.). International Law Studies
Dunk, Frans G. von der
2021
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Neutrality and Cyberspace: Bridging the Gap Between Theory and Reality
From the Introduction: "A considerable portion of legal scholarship concerning the application of international law to the cyber domain has focused on cyberspace as a 'fifth domain of warfare.' While the application of international law to this new frontier is widely acknowledged, the details regarding how it is to be implemented in this domain are murky at best. Thus, discerning the 'lex lata' [the law as it exists] in cyberspace is a challenging task, especially given the lack of relevant treaty law, and sufficient State practice and 'opinio juris' [opinion of the law] regarding this domain. The challenge is further exacerbated when the legal regime in question was formulated based on very particular circumstances in the physical world that often have no obvious equivalent in cyberspace."
Naval War College (U.S.). International Law Studies
Neuman, Noam
2021
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H. Rept. 117-45: Local Water Protection Act, Report to Accompany H.R. 2008, Including Cost Estimate of the Congressional Budget Office, May 28, 2021
From the Purpose of Legislation: "The purpose of H.R. 2008, the 'Local Water Protection Act,' introduced by Representative Angie Craig (D-MN), is to amend the 'Federal Water Pollution Control Act,' commonly known as the 'Clean Water Act,' to reauthorize federal appropriations for the nonpoint source management grants program, administered by the U.S. Environmental Protection Agency (EPA)."
United States. Government Publishing Office
2021-05-28
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H. Rept. 117-41: Ocean Pollution Reduction Act II, Report To Accompany H.R. 587, Including Cost Estimate of the Congressional Budget Office, May 28, 2021
From the Purpose and Background: "The purpose of H.R. 587, the 'Ocean Pollution Reduction Act II,' introduced by Representative Scott Peters (D-CA), is to provide an alternative process for the City of San Diego to comply with the 'Clean Water Act's' permitting requirements for the continued operation of the Point Loma Wastewater Treatment Plant, while ensuring continued reductions of pollutant discharges and greater use of reclaimed wastewater associated with the plant. [...] H.R. 587 seeks to clarify that the City of San Diego, California, can utilize the standard 'Clean Water Act' National Pollutant Discharge Elimination System (NPDES) permit renewal process and does not need a variance application to continue operating the E.W. Blom Point Loma Metropolitan Wastewater Treatment Plant ('Point Loma Plant') and the Point Loma Ocean Outfall, subject to the implementation of the permitting requirements specified in the bill."
United States. Government Publishing Office
2021-05-28
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Role of Fossil Fuel Subsidies in Preventing Action on the Climate Crisis, Hearing Before the Subcommittee on Environment of the Committee on Oversight and Reform, House of Representatives, One Hundred Seventeenth Congress, First Session, April 22, 2021
This is the April 22, 2021 hearing on "The Role of Fossil Fuel Subsidies in Preventing Action on the Climate Crisis," held before the U.S. House Subcommittee on Environment of the Committee on Oversight and Reform. From the opening statement of Ro Khanna: "This is a historic hearing. This is the first time that the U.S. Congress is examining a elimination of fossil fuel subsidies. These subsidies have been on our books for over a hundred years. They have been giveaways to the fossil fuel industry embedded in our Tax Code. Now, in 2009, the United States committed, with other G7 countries, to eliminate those fossil fuel subsidies. We actually had self-review, peer review, where we submitted a report in 2016, acknowledging that these fossil fuel subsidies exist. So the argument that the fossil fuel subsidies don't exist is simply factually false. It's a lie. It's a misrepresentation. It's a contradiction of what our own U.S. Government has represented to the world. We need to be very specific about what these fossil fuel subsidies are, and today's hearing will make it clear that many in the environmental movement and in Congress stand absolutely committed that these subsidies must be eliminated in the next infrastructure package." Statements, letters, and materials submitted for the record include those of the following: Joseph Aldy, Peter Erickson, Tara Houska, Jill Antares Hunkler, Greta Thunberg, and Frank J. Macchiarola.
United States. Government Publishing Office
2021
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Protecting Democracy During COVID-19 in Europe and Eurasia and the Democratic Awakening in Belarus, Hearing Before the Subcommittee on Europe, Eurasia, Energy, and the Environment of the Committee on Foreign Affairs, House of Representatives, One Hundred Sixteenth Congress, Second Session, September 10, 2020
This is the September 10, 2020 hearing on "Protecting Democracy During COVID-19 [coronavirus disease 2019] in Europe and Eurasia and the Democratic Awakening in Belarus," held before the U.S. House Subcommittee on Europe, Eurasia, Energy, and the Environment of the Committee on Foreign Affairs. From the opening statement of William Keating: "Pursuant to notice, we are holding a hearing today entitled, 'Protecting Democracy During the COVID-19 in Europe, Eurasia, and the Democratic Awakening in Belarus.' We will begin, without objection, by submitting several documents for the record regarding the current situation in Belarus, including reports that document the horrors inflicted by the Belarusian people--upon the Belarusian people including a statement by a Belarusian victim that we just received today of the abuse by the police where she details the violations of her rights and the harm inflicted by security forces on her and others who were detained by security forces." Statements, letters, and materials submitted for the record include those of the following: Douglas Rutzen, Therese Pearce Laanela, Joanna Rohozinska, and Jamie Fly.
United States. Government Publishing Office
2021
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H. Rept. 117-48: State and Local Cybersecurity Improvement Act, Report to Accompany H.R. 3138, June 1, 2021
From the Purpose and Summary: "H.R. 3138, the 'State and Local Cybersecurity Act,' seeks to foster stronger partnerships between the Federal government and State and local governments to defend State and local networks against cyber attacks from sophisticated foreign adversaries or cyber criminals. It does so by authorizing a new Department of Homeland Security (DHS) grant program to address cybersecurity vulnerabilities on State and local government networks. This new $500 million grant program includes a graduating cost-share to incentivize States to increase funding for cybersecurity in their budgets. Under the bill, State, Tribal, and Territorial governments would be required to develop comprehensive cybersecurity plans to guide the use of grant funds. The bill also requires the Cybersecurity and Infrastructure Security Agency (CISA) to develop a strategy to improve the cybersecurity of State, local, Tribal, and Territorial governments, set baseline objectives for State and local cybersecurity efforts, and, among other things, identify Federal resources that could be made available to State and local governments for cybersecurity purposes. CISA would also be required to assess the feasibility of a short-term rotational program for certain cybersecurity professionals in State, local, Tribal, and Territorial workforces to be detailed to the Agency. Lastly, H.R. 3138 establishes a State and Local Cybersecurity Resilience Committee comprised of representatives from State, local, Tribal, and Territorial governments to advise and provide situational awareness to CISA regarding the cybersecurity needs of such governments."
United States. Government Publishing Office
2021-06-01
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When Congressional Legislation Interferes with Existing Contracts: Legal Issues [May 31, 2012]
"Laws enacted by Congress on occasion interfere with contracts entered into before enactment, prompting suits against the United States by disappointed contract parties. In a few of them, courts have awarded billions of dollars to the United States' contracting partners. This report surveys the legal theories invoked in such suits. Note that litigation on the grounds covered herein can be avoided entirely if the congressional enactment is construed to apply only to 'future' contracts. Two competing interests underlie this report's topic. On the one hand, protection of settled expectations, at least to some degree, is essential to ordered society. Contract law has this goal for expectations embodied in contracts. On the other hand, government needs latitude to address new problems, so contracts generally are said to confer no immunity against future legislation. The balance struck by the case law is that while Congress legitimately can thwart performance under existing contracts, the United States may in some instances have to pay compensation. […] For private contracts, the main legal theory is the Fifth Amendment Takings Clause. Plaintiffs argue that since contract rights generally are deemed 'property' under the Takings Clause, a congressional enactment that thwarts performance under a contract in essence takes property, requiring compensation. The government's defense is often the 'Omnia' rule, a Supreme Court holding under which government actions that only incidentally interfere with performance of private contracts are deemed to constitute but a frustration, not a taking, of contract rights. Per this definition, the 'Omnia' rule does not apply when the congressional action expressly 'targets' an existing contract right, though even here the taking claim usually is rejected."
Library of Congress. Congressional Research Service
Meltz, Robert
2012-05-31
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Specialty Metal Clause: Oversight Issues and Options for Congress [July 30, 2012]
"This report examines the specialty metal clause, potential oversight issues, and options for Congress. The specialty metal clause in the Defense Federal Acquisition Regulation Supplement (DFARS) prohibits the Department of Defense (DOD) from acquiring end units or components for aircraft, missile and space systems, ships, tank and automotive items, weapon systems, or ammunition unless these items have been manufactured with specialty metals that have been melted or produced in the United States. Thousands of products used for defense, aerospace, automotive, and renewable energy technologies rely on specialty metals for which there are often few, if any, substitutes. Specialty metals covered by this provision include certain types of cobalt, nickel, steel, titanium and titanium alloys, zirconium, and zirconium base alloys. […] These changes reflected a view in Congress that there are differing rationales for offering domestic source provisions, and that these refinements would promote efficiencies throughout the defense supply chain. There are at least seven possible options for policymakers to consider: (1) eliminate the specialty metal clause; (2) require an assessment of compliance with new exceptions to the specialty metals clause; (3) require a review of waivers issued under the revised specialty metals clause, including requiring DOD to publicly disclose when waivers are granted; (4) require congressional approval before non-compliant specialty metal can be used in certain defense contracts; (5) require a congressional report for each platform/component where non-compliant specialty metals are used in defense contracts; (6) encourage the use of domestic specialty metal; and (7) appoint a special metals protection board."
Library of Congress. Congressional Research Service
Grasso, Valerie Bailey
2012-07-30
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COVID-19 and the Experiences of Populations at Greater Risk: Description and Top-Line Summary Data -- Wave 1, Summer 2020
From the Webpage: "As a continuation of RAND Corporation and Robert Wood Johnson Foundation efforts to capture how people in the United States think about, value, and prioritize issues of health, well-being, and health equity, a new longitudinal survey aims to understand how health views and values have been affected by the experience of the COVID-19 [coronavirus disease 2019] pandemic. In this report, the authors present the results of the first of four waves of the COVID-19 and the Experiences of Populations at Greater Risk Survey, fielded during summer 2020, with particular focus on populations deemed at risk or underserved, including people of color and those from low- to moderate-income backgrounds. The questions in this COVID-19 survey focused specifically on experiences related to the pandemic (e.g., financial, physical, emotional), how respondents viewed the disproportionate impacts of the pandemic, whether and how respondents' views and priorities regarding health actions and investments are changing (including the role of government and the private sector), and how general values about such issues as freedom and racism may be related to pandemic views and response expectations."
RAND Corporation
Carman, Katherine Grace; Chandra, Anita; Nelson, Christopher . . .
2020
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Immigration: Policy Considerations Related to Guest Worker Programs [July 28, 2009]
From the Summary: "At present, the United States has two main programs for temporarily importing low-skilled workers, sometimes referred to as guest workers. Agricultural guest workers enter through the H- 2A visa program, and other guest workers enter through the H-2B visa program. Before an employer can file a petition with the U.S. Department of Homeland Security (DHS) to import workers under either program, the employer must apply to the U.S. Department of Labor (DOL) for a certification that U.S. workers capable of performing the work are not available and that the employment of alien workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. Other requirements of the programs differ. In December 2008, DHS and DOL published final rules to significantly amend their H-2A and H- 2B regulations. [...] The DHS final H-2A and H-2B rules modify previous limitations on H-2A and H-2B workers' periods of stay in the United States. The rules also establish new requirements under both visas. They prohibit payments by prospective H-2A or H-2B workers to employers, recruiters, or other employment service providers where the payments are a condition of obtaining H-2A or H-2B employment... provide for the denial or revocation of petitions in the event of petitioner violations... and limit participation in the H-2A and H-2B programs to nationals of designated countries. [...] The current discussion of guest worker programs takes place against a backdrop of high levels of unauthorized migration to the United States, and one question that often arises about proposals for new guest worker programs is whether they would enable participants to obtain legal permanent resident (LPR) status."
Library of Congress. Congressional Research Service
Bruno, Andorra
2009-07-28
