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United Nations Issues: Congressional Representatives to the U.N. General Assembly [Updated September 16, 2022]
From the Document: "The annual session of the United Nations (U.N.) General Assembly is held at U.N. Headquarters in New York City. The President generally appoints one Democrat and one Republican to serve as U.S. representatives to the session, alternating each year between the House and Senate. Congressional representatives to the 76th Assembly session were Representatives Barbara Lee and French Hill. Senators Patrick Leahy and James Risch are expected to serve as representatives during the 77th session, which began on September 13, 2022."
Library of Congress. Congressional Research Service
Blanchfield, Luisa; Weed, Matthew C.
2022-09-16
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Russian Military Actions at Ukraine's Nuclear Power Plants [Updated September 12, 2022]
From the Document: "Russia's ongoing military occupation of Ukraine's six-reactor Zaporizhzhia nuclear power plant (ZNPP)--the largest in Europe [hyperlink]--has raised widespread alarm about potential damage to the plant that could cause large radioactive releases to the environment. Russian forces captured the plant on March 4, 2022, with reported 'heavy fighting and artillery shelling [hyperlink].' Shelling around the plant resumed on August 5, 2022, prompting the International Atomic Energy Agency (IAEA) to warn [hyperlink], 'Any military firepower directed at or from the facility would amount to playing with fire, with potentially catastrophic consequences.' Continued shelling during August and September 2022 repeatedly disabled the plant's connections to the surrounding power grid. Whenever offsite power was lost, the two reactors that have been operating since the Russian takeover would usually shut down for safety reasons and then restart when power lines were repaired. According to Ukraine's nuclear safety agency [hyperlink], the plant was reconnected to the grid as of September 12, 2022, but all six of the plant's reactors were in cold shutdown because of ongoing shelling in the area."
Library of Congress. Congressional Research Service
Holt, Mark; Nikitin, Mary Beth Dunham
2022-09-12
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Federal Actions to Address Offensive or Derogatory Geographical Names [Updated September 12, 2022]
From the Document: "Some stakeholders [hyperlink] have brought renewed attention to names of geographical features in the United States that they identify as offensive or derogatory and have called for accelerated processes to rename these features. Generally, the process for federal renaming of geographical features involves public petition to the U.S. Board on Geographical Names [hyperlink] (BGN) for consideration on an individual basis, although Congress may enact legislation establishing or changing geographical names. On November 19, 2021, the Secretary of the Interior (Secretary) signed [hyperlink] two secretarial orders (SOs) to establish processes to remove derogatory names from federal geographic features and land units. [1] SO 3404 [hyperlink] formally identified the term 'squaw' as derogatory and directed the U.S. Geological Survey (USGS) to find federal geographic names bearing the term and to chair a Derogatory Geographic Names Task Force to recommend replacement names to the BGN. [2] SO 3405 [hyperlink] directed the National Park Service (NPS) to form a discretionary Advisory Committee on Reconciliation in Place Names to broadly solicit, review, and recommend changes to derogatory federal geographic and land unit names. This Insight describes the BGN process for renaming federal geographic features, the Department of the Interior's (DOI's) progress on executing the SOs, and potential issues for Congress."
Library of Congress. Congressional Research Service
Normand, Anna E.; DeSantis, Mark K.
2022-09-12
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Ecuador: An Overview [Updated September 9, 2022]
From the Document: "Ecuador is a small, ethnically and geographically diverse country of 17.5 million inhabitants located in South America between Colombia and Peru (see 'Figure 1'). President Guillermo Lasso of the conservative Creating Opportunities (CREO) party took office for a four-year term in May 2021. He sought to build on the accomplishments of his predecessor, President Lenín Moreno (2017-2021), who implemented liberal political and economic reforms and pursued closer ties with the United States. Like Moreno, Lasso faces resistance from some sectors of the population, including the Indigenous leadership, and a divided legislature. Issues of broad interest to Congress include U.S. trade and investment with Ecuador, counternarcotics and environmental cooperation, and Ecuador's relationship with China. [...] For some Members of Congress, China's economic engagement with Ecuador has raised concern. In early 2022, Ecuador announced the start of negotiations for a free-trade agreement with China, which are expected to be finalized by year's end. Congress may seek to influence the Biden Administration's policy toward Ecuador through tools such as the appropriations process and oversight hearings."
Library of Congress. Congressional Research Service
Beittel, June S.; Martin, Rachel L.
2022-09-09
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China Primer: Human Rights [Updated September 8, 2022]
From the Document: "The U.S. Department of State describes the People's Republic of China (PRC) as an 'authoritarian state in which the Chinese Communist Party [CCP] is the paramount authority.' Some analysts argue mainland China is heading in a totalitarian direction, as it is characterized by leadership that is dominated by one person, CCP General Secretary Xi Jinping, increasing ideological conformity, and greater state control over society enhanced by the use of digital technologies. The CCP for decades has maintained power through a mix of repression and responsiveness to some public preferences, delivering prosperity to many citizens, co-opting the middle and educated classes, and stoking nationalism to bolster its legitimacy and squelch dissent. [...] The U.S. government employs various policy tools to support human rights in China[.] [...] Since 2019, the United States has imposed relevant visa, economic, and trade-related sanctions and restrictions, particularly in response to reports of mass detentions and forced labor of ethnic Uyghur Muslims in the Xinjiang Uyghur Autonomous Region (XUAR). Most recently, the Uyghur Forced Labor Prevention Act (UFLPA; P.L. [Public Law] 117-78) restricts XUAR-related imports due to concerns over forced labor. To date, the PRC government appears to have generally resisted outside pressure to change its policies in the XUAR and elsewhere that observers contend violate human rights. As Congress considers this challenge, Members may conduct oversight of implementation of the UFLPA and other relevant laws, assess the impact of these and other policy tools, and evaluate the implications of any additional actions."
Library of Congress. Congressional Research Service
Lum, Thomas G. (Thomas Gong), 1961-; Weber, Michael A.
2022-09-08
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Electronic Records Management and U.S. Secret Service [September 8, 2022]
From the Document: "As part of its ongoing inquiry, the Select Committee to Investigate the January 6th Attack on the U.S. Capitol (Select Committee) has issued subpoenas to the multiple federal agencies that responded on January 6, including the U.S. Secret Service (USSS). The USSS responded to the Select Committee's July 15, 2022, subpoena with an 'initial production' of information on July 19. Upon receiving the USSS's response, the National Archives and Records Administration (NARA) announced that it was investigating a 'potential unauthorized deletion' of USSS text messages. USSS's treatment of text messages has raised questions about how electronic records are handled by federal agencies, and how existing laws apply. Congressional interest has arisen from many perspectives, including USSS's compliance with federal recordkeeping laws; whether agencies can apply existing statute and guidance to the management of text messages and other electronic formats; and the ability of Congress to conduct oversight into executive branch activities. This Insight provides a summary of how federal records are managed, including records in electronic formats, discusses improper disposal investigations, and concludes with considerations for Congress."
Library of Congress. Congressional Research Service
Reese, Shawn; Stuessy, Meghan M.
2022-09-08
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Reservations, Understandings, Declarations, and Other Conditions to Treaties [September 7, 2022]
From the Document: "Article II, Section 2, clause 2, of the U.S. Constitution (the Treaty Clause) permits the President 'by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur[.]' The Senate, as part of its constitutional role in the treaty-making process, may condition its advice and consent on reservations, understandings, and declarations (RUDs). These RUDs guide treaties' content, effect, interpretation, and implementation. Historical practice suggests that, when drafting the Treaty Clause, the Framers of the Constitution intended 'advice' and 'consent' to be separate steps in the treaty-making process. Under this interpretation, the President would consult the Senate during treaty negotiations and seek its advice before asking for its final consent when negotiations ended. Since the early years of President George Washington's Administration, however, Presidents have not formally sought the Senate's advice during treaty negotiations. Instead, the Senate has maintained an aspect of its advice function by using RUDs to influence treaties' terms and implementation. [...] RUDs must be consistent with the Constitution, and they cannot infringe on individual rights or exercise a power the Constitution assigns exclusively to another branch of government."
Library of Congress. Congressional Research Service
Mulligan, Stephen P.
2022-09-07
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Overview of the Statutory Bars to Asylum: Limitations on Granting Asylum (Part Two) [September 7, 2022]
From the Document: "Under Section 208 of the Immigration and Nationality Act [hyperlink] (INA), 8 U.S.C. [United States Code] § [section] 1158(a)(1), a non-U.S. national ('alien' as the term is used in the INA) who is physically present in the United States or who arrives in the United States (whether or not at a designated U.S. port of entry) may pursue asylum, regardless of that person's immigration status or manner of entry into the country. INA § 208, however, renders some asylum seekers [hyperlink] ineligible to apply for asylum or to be granted asylum. [...] An alien who might otherwise qualify for asylum relief may still be ineligible for asylum because of certain mandatory bars under INA § 208(b)(2), 8 U.S.C. § 1158(b)(2). If the government presents evidence that one or more of these bars applies, the asylum applicant must prove by a preponderance of the evidence (i.e., more likely than not) that the bar does not apply. [...] This Legal Sidebar, which discusses the mandatory bars to a grant of asylum, is the second in a two-part series discussing the statutory asylum restrictions."
Library of Congress. Congressional Research Service
Smith, Hillel R.
2022-09-07
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Overview of the Statutory Bars to Asylum: Limitations on Applying for Asylum (Part One) [September 7, 2022]
From the Document: "Under Section 208 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. [United States Code] § [section] 1158 [hyperlink], a non-U.S. national ('alien' as the term is used in the INA [hyperlink]) who is physically present in the United States or who arrives in the United States (whether or not at a designated U.S. port of entry) may apply for asylum, regardless of that person's immigration status or whether that person lawfully entered the country. Asylum [hyperlink] is a humanitarian form of relief available to aliens who face persecution in their native countries (or last place of residence if stateless). INA § 208, however, bars some asylum seekers [hyperlink] from asylum. These restrictions fall into two categories: (1) limitations on the ability to 'apply' for asylum and (2) limitations on the ability to be 'granted' asylum. This Legal Sidebar, which discusses statutory bars to applying for asylum, is the first in a two-part series discussing the asylum bars."
Library of Congress. Congressional Research Service
Smith, Hillel R.
2022-09-07
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Pipeline Cybersecurity--Updated Directives [September 7, 2022]
From the Document: "The May 2021 ransomware attack against the Colonial Pipeline [hyperlink] caused widespread repercussions, including regional gasoline shortages [hyperlink] and significant lines at the pump [hyperlink]. This was not the first domestic cyberattack to disrupt physical infrastructure, but it was one of the most consequential. Before the attack, the federal government did not regulate the cybersecurity of natural gas and hazardous liquids pipelines. Following the incident, the Transportation Security Agency (TSA)--as the sector risk management agency [hyperlink] for pipelines--issued two Security Directives imposing mandatory requirements [hyperlink] on pipeline companies' cybersecurity practices. A year later, the TSA revised and updated [hyperlink] the directives. This Insight reviews these actions and discusses issues for Congress."
Library of Congress. Congressional Research Service
Jaikaran, Chris; Parfomak, Paul W.
2022-09-07
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Congressional Budget Process Timeline [September 7, 2022]
From the Introduction: "The Constitution establishes the role of the House and Senate in federal budgetary decisions by giving Congress the power of the purse. Article I, Section 8, grants Congress the power to lay and collect taxes and the power to borrow money. Article I, Section 9, grants Congress power over spending decisions as well, stating that 'No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.' While the Constitution establishes that the power of the purse must be exercised through the lawmaking process, it does not specify how, when, and in what order decisions on budgetary legislation should be made. As a consequence, Congress has created a budget process over time through various statutes, rules, practices, and precedents. Together, they form a complex process involving multiple decisions and actions occurring at various points during the year. This means that there is no single timeline that can be used to predict with certainty when the various actions that comprise the congressional budget process will occur for any given fiscal year. There is, however, a general order that the basic steps in the process follow. This report provides an overview of the general timing and sequence of the actions that make up the congressional budget process. First, it outlines the timetable in Section 300 of the Congressional Budget Act of 1974. Next, it discusses how each of the major steps in the process fit into this timeline in practice. These steps include the submission of the President's budget, adoption of a budget resolution, potential consideration of reconciliation legislation, consideration of annual appropriations bills, and the use of continuing appropriations and the completion of the annual appropriations process."
Library of Congress. Congressional Research Service
Aherne, Drew C.
2022-09-07
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Defense Primer: RDT&E [Updated September 7, 2022]
From the Document: "Advanced technology plays a critical role in ensuring U.S. national security. To maintain technological superiority on the battlefield, the Department of Defense (DOD) relies on scientific and technical knowledge developed in large measure through research, development, test, and evaluation (RDT&E) funded by the department and performed by industry, universities, federal laboratories, and others. DOD also relies increasingly on technology developed by the private sector for commercial markets. This In Focus describes DOD's RDT&E appropriations structure and funding levels. DOD appropriations are provided annually through the defense appropriations act, one of the 12 regular appropriations acts. DOD RDT&E funding is generally provided in three of this act's titles (see box). Congress also sometimes provides DOD RDT&E funding through supplemental appropriations acts. DOD reports FY2022 total obligational authority (enacted) of $122.9 billion."
Library of Congress. Congressional Research Service
Sargent, John F., Jr.
2022-09-07
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Management of the Colorado River: Water Allocations, Drought, and the Federal Role [Updated September 7, 2022]
From the Introduction: "From its headwaters in Colorado and Wyoming to its terminus in the Gulf of California, the Colorado River Basin covers more than 246,000 square miles. The river runs through seven U.S. states (Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada, and California) and Mexico. Pursuant to federal law, the Bureau of Reclamation (Reclamation, part of the Department of the Interior [DOI]) plays a prominent role in the management of the basin's waters. In the Lower Basin (i.e., Arizona, Nevada, and California), Reclamation also serves as 'water master' on behalf of the Secretary of the Interior, a role that elevates the status of the federal government in basin water management. The federal role in the management of Colorado River water is magnified by the multiple federally owned and operated water storage and conveyance facilities in the basin, which provide low-cost water and hydropower supplies to water users. [...] This report provides background on management of the Colorado River, with a focus on recent developments. It also discusses the congressional role in the management of basin waters."
Library of Congress. Congressional Research Service
Stern, Charles V.; Sheikh, Pervaze A.
2022-09-07
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Insurrection Bar to Office: Section 3 of the Fourteenth Amendment [Updated September 7, 2022]
From the Document: "In the aftermath of the events of January 6, 2021 [hyperlink], in and around the U.S. Capitol, there have been calls for accountability for those who participated, as well as for those who may have helped instigate it. The breach of the Capitol resulted in numerous injuries, multiple deaths, and significant property damage. It also delayed Congress's constitutional duty of certifying electoral votes for President-elect Joseph Biden and caused Capitol Police and other law enforcement personnel to evacuate the Vice President and Members of Congress from the House and Senate floors to safer locations. Some observers [hyperlink], historians [hyperlink], and other commentators [hyperlink] are wondering [hyperlink] whether the Disqualification Clause of the Fourteenth Amendment [hyperlink] might provide a mechanism to disqualify individuals who participated in or encouraged the siege, including former and sitting government officials, from holding office. Invocation of the Disqualification Clause raises a number of novel legal questions involving the activities that could trigger disqualification, the offices to which disqualification might apply, and the mechanisms to enforce disqualification. The clause has been seldom used, and the few times it has been used in the past mainly arose out of the Civil War--a very different context from the events of January 6. It is therefore unclear to what extent historical precedents provide useful guidance for its application to the events of January 6. This Legal Sidebar describes the Disqualification Clause, explains to whom it might apply and what activities could incur a bar on holding office, and discusses possible mechanisms to implement it."
Library of Congress. Congressional Research Service
Elsea, Jennifer
2022-09-07
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Paraguay: An Overview [September 6, 2022]
From the Introduction: "Paraguay is a landlocked country in South America bordered by Argentina, Bolivia, and Brazil. The United States has had close relations with Paraguay for decades, providing assistance to counter corruption and spur trade and economic development. The United States and Paraguay also work together closely on counterterrorism and counternarcotics, among other security issues of interest to some Members of Congress. In July 2022, the State Department imposed sanctions (visa restrictions) against former Paraguayan President Horácio Cartes (2013-2018) for alleged involvement in significant corruption. In early August, the U.S. government sanctioned Vice President Hugo Velázquez also for alleged corruption and bribery, prompting him to withdraw his candidacy ahead of presidential elections scheduled to be held in April 2023. U.S. sanctions of such high-ranking officials have fueled speculation that tensions in the U.S.- Paraguayan relationship may increase, although neither government has indicated that has occurred."
Library of Congress. Congressional Research Service
Beittel, June S.
2022-09-06
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Inflation Reduction Act of 2022: Incentives for Clean Transportation [September 6, 2022]
From the Document: "On August 16, 2022, budget reconciliation legislation, commonly known as the 'Inflation Reduction Act of 2022' (IRA), was signed into law (P.L. [Public Law] 117-169). The IRA contains multiple provisions related to the adoption and deployment of 'clean transportation' technologies, building upon existing programs and incentives for 'clean transportation.' [...] U.S. sales of fuel cell vehicles (FCVs [hyperlink]) and plug-in electric vehicles (PEVs; [hyperlink] see also Transportation Energy Data Book [hyperlink]) have increased overall, with 2021 sales of both groups of vehicles exceeding 2019 sales. This trend in sales has occurred while car prices generally have increased [hyperlink], including used car prices [hyperlink]. The prices of FCVs and PEVs are typically higher than their gasoline counterparts. Some of the various tax provisions in the IRA [hyperlink] pertain to 'clean transportation.' As described below, the IRA modifies the existing tax credit for new PEVs (26 U.S.C. [United States Code] § [section] 30D) resulting in a modified tax credit for certain 'clean vehicles.' The IRA also creates a new tax credit for previously owned 'clean vehicles' and commercial 'clean vehicles.' The 200,000 per manufacturer unit phase-out threshold is eliminated, allowing qualifying new Tesla and General Motors vehicles to once again be eligible for the full tax credit. The IRA also modifies the existing tax credit for alternative fuel refueling property (26 U.S.C. §30C). All four tax credits expire on December 31, 2032."
Library of Congress. Congressional Research Service
Diaz, Melissa N.
2022-09-06
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Wildfire Statistics [Updated September 2, 2022]
From the Document: "Wildfires are unplanned fires, including lightning-caused fires, unauthorized human-caused fires, and escaped prescribed fire projects. States are responsible for responding to wildfires that begin on nonfederal (state, local, and private) lands, except for lands protected by federal agencies under cooperative agreements. The federal government is responsible for responding to wildfires that begin on federal lands. The Forest Service (FS)--within the U.S. Department of Agriculture--carries out wildfire management and response across the 193 million acres of the National Forest System (NFS). The Department of the Interior (DOI) manages wildfire response for more than 400 million acres of national parks, wildlife refuges and preserves, other public lands, and Indian reservations. Wildfire statistics help to illustrate past U.S. wildfire activity. Nationwide data compiled by the National Interagency Coordination Center (NICC) indicate that the number of annual wildfires is variable but has decreased slightly over the last 30 years and the number of acres affected annually, while also variable, generally has increased[.]"
Library of Congress. Congressional Research Service
Hoover, Katie; Hanson, Laura A.
2022-09-02
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FY2022 COVID-19 Supplemental Appropriations for the Department of Health and Human Services (HHS): In Brief [September 2, 2022]
From the Document: "Since March 2020, more than $400 billion has been appropriated for domestic Coronavirus Disease 2019 (COVID-19) public health response to Department of Health and Human Services (HHS) agencies, mostly as emergency-designated supplemental discretionary appropriations. Much of this funding is available for multiple years or until expended. HHS has allocated funding for vaccines, therapeutics, tests, and health care supports, among other activities. Congress is currently considering additional FY2022 supplemental appropriations for HHS to support continued COVID-19 response activities. In addition, with the recent public health emergency declared for the monkeypox outbreak, more recent legislative proposals would provide supplemental appropriations for other emerging diseases in addition to COVID-19. This report summarizes the President's request for additional funding, selected congressional proposals in response to that request, and selected policy considerations."
Library of Congress. Congressional Research Service
Sekar, Kavya
2022-09-02
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State Minimum Wages: An Overview [Updated September 2, 2022]
From the Introduction: "The Fair Labor Standards Act (FLSA), enacted in 1938, is the federal legislation that establishes the general minimum wage that must be paid to all covered workers. The FLSA mandates broad minimum wage coverage. It also specifies certain categories of workers who are not covered by general FLSA wage standards, such as workers with certain disabilities or certain youth workers. In 1938, the FLSA established a minimum wage of $0.25 per hour. The minimum wage provisions of the FLSA have been amended numerous times since then, typically to expand coverage or raise the wage rate. [...] States, the District of Columbia, and territories generally have three options in setting their minimum wage policies: (1) they can set their own minimum wage provisions that differ from those in the FLSA, (2) they can explicitly tie their minimum wage provisions to the FLSA, or (3) they can include no specific minimum wage provisions in state law. This report begins with a brief discussion of FLSA minimum wage coverage. It then provides a summary of state minimum wage laws, followed by an examination of rates and mechanisms of adjustments in states with minimum wage levels above the FLSA rate [...]. Next, the report discusses the interaction of federal and state minimum wages over time, and finally, the 'Appendix' provides detailed information on the major components of minimum wage policies in all 50 states and the District of Columbia."
Library of Congress. Congressional Research Service
Bradley, David H.; Overbay, Abigail R.
2022-09-02
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Guide to Committee Activity Reports: Purpose, Rules, and Contents [Updated September 1, 2022]
From the Summary: "All House committees and most Senate committees are required to prepare reports each Congress detailing their activities. These committee activity reports provide a historical record of a committee's legislative and oversight actions. They may serve as an introduction to the work of the individual committees, and, in many cases, they also provide information that is otherwise either not aggregated in one place or not available elsewhere. The committee activity reports are required by the rules of the House (House Rule XI, clause 1(d)) and Senate (Senate Rule XXVI, paragraph 8(b)). The reporting requirement dates to the Legislative Reorganization Act of 1970 (2 U.S.C. [United States Code] § [section] 190d). Each report covers the activities for one Congress. In odd-numbered years, House reports are to be filed by January 2, while Senate reports are to be filed by March 31. This report includes a discussion of the types of information that may be included in the activity reports, variations across reports and time, and the filing process."
Library of Congress. Congressional Research Service
Brudnick, Ida A.
2022-09-01
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Venezuela: Political Crisis and U.S. Policy [Updated September 1, 2022]
From the Document: "Venezuela, under the authoritarian rule of Nicolás Maduro, remains in a deep economic and humanitarian crisis worsened by the Coronavirus Disease 2019 (COVID-19) pandemic. Maduro has consolidated power over all of Venezuela's institutions since his 2013 election after the death of President Hugo Chávez (1999-2013). Maduro's United Socialist Party of Venezuela (PSUV) took control of the National Assembly after flawed parliamentary elections in December 2020; the PSUV and allies also won 19 of 23 gubernatorial races in November 2021 state-level elections. Maduro has quashed dissent and resisted U.S. and international pressure to step down since his reelection in a 2018 presidential vote widely condemned as fraudulent. Domestic and international support for opposition leader Juan Guaidó, the former National Assembly president once regarded as interim president by nearly 60 other countries, has dissipated. The Biden Administration continues to recognize Guaidó's government, partially to prevent Venezuelan assets abroad from coming under Maduro's control. Administration officials nevertheless met with Maduro in March and June 2022, reportedly to discuss U.S. citizens illegally detained in Venezuela, restarting stalled negotiations with the opposition, and energy issues."
Library of Congress. Congressional Research Service
Seelke, Clare Ribando
2022-09-01
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Law Enforcement Investigations of Extremist Calls to Action on Social Media [September 1, 2022]
From the Document: "In the wake of government actions that some have viewed as partisan or political--such as the U.S. Supreme Court's decision [hyperlink] in 'Dobbs v. Jackson Women's Health Organization' [hyperlink] and the Federal Bureau of Investigation's (FBI's) search [hyperlink] of former President Trump's residence at Mar-a-Lago--there have been calls to action on social media platforms. Some of these calls to action have included calls for violence. For instance, following the Supreme Court's 'Dobbs' decision, individuals characterized as abortion rights extremists reportedly issued calls for violence [hyperlink] on social media platforms. In addition, following the FBI's search of Mar-a-Lago, individuals characterized as right-wing extremists reportedly called for violence [hyperlink] on social media. As such, policymakers may be interested in how extremists and law enforcement use social media, as well as conducting oversight over law enforcement use of social media to thwart or investigate extremists' threats of violence."
Library of Congress. Congressional Research Service
Sacco, Lisa N.; Finklea, Kristin M.
2022-09-01
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Selected Health Provisions of the Inflation Reduction Act [September 1, 2022]
From the Overview: "On August 16, 2022, President Biden signed into law P.L. [Public Law] 117-169, a budget reconciliation measure known as the Inflation Reduction Act (the Act). The Act makes wide-reaching changes to Medicare prescription drug coverage and more targeted changes to Medicaid, the State Children's Health Insurance Coverage Program (CHIP), and private health insurance. The Act requires the Secretary of Health and Human Services (Secretary) to negotiate prices for certain drugs covered under Medicare Part B (physician-administered drugs) and Part D (retail prescription drugs), starting with 10 high-spending, single-source drugs for 2026 and increasing to 20 by 2029. Effective in 2023, manufacturers that sell drugs through Parts B and D must pay rebates to Medicare if they increase drug prices faster than consumer inflation. Also in 2023, the Act eliminates enrollee cost sharing for certain vaccines in Part D and sets a $35 cap on enrollee cost sharing for insulin in Parts D and B. Effective in 2025, the Part D benefit is reconfigured to include an annual $2,000 out-of-pocket (OOP) spending cap, expanded subsidies for low-income enrollees, and limits on annual premium increases, among other changes. The Act extends through 2025 more generous premium subsidies for health plans sold on exchanges, which were originally approved in the American Rescue Plan Act (ARPA; P.L. 117-2). Following are the main provisions."
Library of Congress. Congressional Research Service
Kirchhoff, Suzanne M.
2022-09-01
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Offshore Energy Agency Appropriations, FY2023 [September 1, 2022]
From the Document: "Three entities in the Department of the Interior (DOI) share responsibility for managing the nation's ocean energy resources on almost 2.5 billion acres of the U.S. outer continental shelf (OCS). The Bureau of Ocean Energy Management (BOEM) administers offshore energy leasing and mineral development; the Bureau of Safety and Environmental Enforcement (BSEE) oversees offshore operational safety and environmental protection; and the Office of Natural Resources Revenue (ONRR) manages public revenues from federally regulated offshore and onshore energy and natural resource projects. BOEM, BSEE, and ONRR receive appropriations in the annual Interior, Environment, and Related Agencies appropriations bill. Issues include determining the aggregate and program-level appropriations for each entity. On July 1, 2022, the House Committee on Appropriations reported an FY2023 Interior appropriations bill, H.R. 8262 (H.Rept. 117-400), with funding for BOEM, BSEE, and ONRR. On July 20, 2022, the House passed H.R. 8294, a consolidated appropriations bill with the same amounts for the three entities. On July 28, 2022, S. 4686 was introduced in the Senate with FY2023 appropriations for the three entities. The Senate Appropriations Committee majority released a related draft explanatory statement (DES). [...] The discretionary appropriations for each fiscal year are reduced by the amount of eligible fees and receipts collected, so that the final amount appropriated to each agency is the net of those collections. Discussions of account- and activity-level funding in the sections below refer to total budget authority, regardless of offsets. ONRR's funding does not include offsetting collections."
Library of Congress. Congressional Research Service
Comay, Laura B.
2022-09-01
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Organization of American States: In Brief [September 1, 2022]
From the Introduction: "The United States helped create the Organization of American States (OAS) in 1948 as a multilateral forum in which the nations of the Western Hemisphere could engage one another and address issues of mutual concern. The U.S. Senate gave its advice and consent to ratification of the OAS charter, allowing for U.S. membership in the organization. Congress authorizes and appropriates funding for the OAS, and the executive branch represents and shapes U.S. policy through the State Department and the U.S. Mission to the OAS in Washington, DC. Historically, OAS decisions often have reflected U.S. policy, as other member states have sought to maintain close relations with the dominant economic and political power in the hemisphere. [...] Over the past two decades, however, the United States' ability to shape outcomes in the Western Hemisphere has declined as countries throughout the region have elected ideologically diverse leaders whose domestic and foreign policies have diverged from U.S. policy preferences. [...] Congressional debate regarding the OAS has focused on how to ensure the organization fulfills its mandate to promote democracy, protect human rights, advance economic and social development, and foster security cooperation in the Western Hemisphere. [...] This report briefly discusses the history and governance of the OAS, examines the organization's funding and activities, and raises potential legislative and oversight activities related to the OAS that Congress could consider in the remainder of the 117th Congress or in future years."
Library of Congress. Congressional Research Service
Meyer, Peter J.
2022-09-01
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Intelligence Coordination on Domestic Terrorism and Violent Extremism: Background and Issues for Congress [September 1, 2022]
From the Introduction: "In the years leading up to the terrorist attacks against the United States on September 11, 2001 (hereinafter referred to as 9/11), the intelligence and law enforcement communities developed habits that discouraged even the lawful sharing of information. The attacks of 9/11 revealed the shortcomings of these practices. Through the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA, P.L. [Public Law] 108-458), Congress instituted measures to break down cultural barriers and encourage lawful information sharing and coordination between intelligence and law enforcement agencies. Many experts considered the greatest threat to United States national security at that time was international terrorism, particularly foreign terrorists planning attacks on the U.S. homeland from bases overseas. [...] This report is intended to assist Congress in its oversight responsibilities of the intelligence and law enforcement communities by explaining the respective roles and responsibilities of different agencies that conduct intelligence activities in a domestic environment under various authorities. By the 'intelligence community' (IC), this report refers to the 18 elements designated as the 'intelligence community' in Title 50, 'U.S. Code', Section 3003, for the purpose of conducting foreign intelligence and counterintelligence collection, analysis, and dissemination. These IC elements must conduct intelligence activities in accordance with Executive Order 12333, 'United States Intelligence Activities,' and other intelligence oversight requirements. By 'law enforcement,' this report refers to organizations at the federal, state, local, tribal, and territorial levels that are authorized to enforce criminal law or perform law enforcement activities, such as crime prevention, control, or reduction, among other criminal justice matters."
Library of Congress. Congressional Research Service
DeVine, Michael E.; Sacco, Lisa N.; Rollins, John
2022-09-01
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Are Temporary Protected Status Recipients Eligible to Adjust Status? [Updated September 1, 2022]
From the Document: "Certain non-U.S. nationals ('aliens', as the term is used in the Immigration and Nationality Act [hyperlink] [INA]) who lack a permanent foothold in the United States may pursue adjustment of status [hyperlink] and become lawful permanent residents [hyperlink] (LPRs). To qualify, an alien must satisfy certain requirements, which generally include having been 'inspected and admitted or paroled' [hyperlink] into the United States by immigration authorities. Before the Supreme Court's 2021 decision in 'Sanchez v. Mayorkas' [hyperlink], lower courts had disagreed over whether aliens who unlawfully entered the United States but later received Temporary Protected Status [hyperlink] (TPS) are 'inspected and admitted' into the United States. In 'Sanchez', the Supreme Court held [hyperlink] that the grant of TPS does not constitute an admission for purposes of adjustment of status. However, under Department of Homeland Security (DHS) guidance [hyperlink], TPS recipients who are authorized to travel abroad are considered to be 'inspected and admitted' upon their return to the United States, potentially enabling them to seek adjustment. That said, a TPS recipient's admission into the United States alone does not provide a pathway to adjustment. An alien who had accrued unlawful presence in the United States before receiving TPS must satisfy other requirements, such as being the beneficiary of an immigrant visa petition filed by a U.S. citizen spouse. This Legal Sidebar provides a brief overview of the adjustment of status framework and TPS, before examining the federal jurisprudence regarding TPS recipients' eligibility for adjustment, DHS's related guidance, and legislative proposals."
Library of Congress. Congressional Research Service
Smith, Hillel R.
2022-09-01
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Allied Democratic Forces, an Islamic State Affiliate in the Democratic Republic of Congo [September 1, 2022]
From the Document: "The Allied Democratic Forces (ADF) is an armed group primarily active in eastern Democratic Republic of Congo (DRC). ADF combatants primarily are from Uganda and DRC, with some reportedly from other countries in East Africa. The Islamic State (IS, aka ISIL [Islamic State of Iraq and the Levant]/ISIS [Islamic State of Iraq and Syria]) recognized a pledge of allegiance by ADF leadership in 2019, and the State Department designated the group as an IS affiliate and Foreign Terrorist Organization (FTO) in 2021. The ADF has drawn interest from Congress due to its IS affiliation and for the threat it poses to long-running U.S. efforts to help stabilize DRC, where overlapping conflicts have caused one of the world's worst humanitarian crises. The ADF has reportedly expanded its areas of operation, capacity, and lethality since 2021, despite Congolese and Ugandan military operations. DRC's government declared martial law in ADF-affected areas in May 2021, and in late 2021, Uganda deployed troops to counter the ADF inside DRC after a string of attacks within Uganda. Since mid2022, a surge in activity by another DRC-based armed group, the March 23 Movement (M23), has led some DRC troops and U.N. peacekeeping forces to withdraw from ADF-affected areas, deepening a security vacuum. Researchers debate the nature and significance of the ADF's IS ties, amid ambiguity about the ADF's size, structure, and aims."
Library of Congress. Congressional Research Service
Arieff, Alexis
2022-09-01
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Coup-Related Restrictions in U.S. Foreign Aid Appropriations [Updated September 1, 2022]
From the Document: "Recent events in West Africa, Sudan, and Burma have brought attention to a provision that has appeared in annual State, Foreign Operations and Related Programs (SFOPS) appropriations legislation since 1986 that restricts U.S. foreign assistance following a coup d'état. [...] In its current form (P.L. [Public Law] 117-103, Division K), Section 7008 states that 'None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d'etat or decree or, after the date of enactment of this Act, a coup d'etat or decree in which the military plays a decisive role: Provided, That assistance may be resumed to such government if the Secretary of State certifies and reports to the appropriate congressional committees that subsequent to the termination of assistance a democratically elected government has taken office: Provided further, That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in democratic processes: Provided further, That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the Committees on Appropriations.' Key elements in determining whether Section 7008 restrictions apply to a situation are [1] whether a country's military has overthrown, or played a decisive role in overthrowing, the government, and [2] whether the deposed leader was 'duly elected,' a term not defined in statute."
Library of Congress. Congressional Research Service
Arieff, Alexis; Lawson, Marian Leonardo; Ferrell, Travis A.
2022-09-01
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Defense Primer: Military Pay Raise [Updated September 1, 2022]
From the Document: "The phrase 'military pay raise,' frequently used in discussions of military compensation, almost always refers to the annual increase in basic pay for members of the uniformed services. By law, 'basic pay' is automatically increased at the start of each calendar year by an amount linked to the change in the Employment Cost Index (ECI), although the President or Congress may override this statutory adjustment. [...] The FY2023 President's Budget requested a 4.6% increase in basic pay, equivalent to the statutory formula. The House-passed version of the National Defense Authorization Act (NDAA) for FY2023, H.R. 7900, and the Senate Armed Services Committee reported version of the FY2023 NDAA, S. 4543, did not contain provisions specifying the increase in basic pay. If Congress does not pass a law specifying a different rate, the increase specified by the statutory formula will go into effect on January 1, 2023."
Library of Congress. Congressional Research Service
Kapp, Lawrence
2022-09-01
