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'Torres v. Madrid': Police Use of Force, Fourth Amendment Seizures, and Fleeing Suspects [Updated April 1, 2021]
From the Background: "In recent months, many in Congress have shown interest in the laws governing the use of force [hyperlink] by law enforcement following incidents such as the death of George Floyd in police custody [hyperlink] and the fatal shooting of Breonna Taylor by officers executing a no-knock [hyperlink] search warrant. In October [hyperlink], the United States Supreme Court heard oral arguments in 'Torres v. Madrid,' an appeal from the Tenth Circuit [hyperlink] that asks when police use of force is subject to the Fourth Amendment's [hyperlink] prohibition against unreasonable seizures. Specifically, the question presented [hyperlink] by 'Torres' is whether a suspect has been seized within the meaning of the Fourth Amendment when an officer intentionally uses force to detain that suspect, but is unsuccessful--such as when the suspect temporarily evades capture. The Supreme Court has on several occasions used language that at least indirectly addresses the possibility of seizure by an unsuccessful use of force, but such language at times appears contradictory and courts have disagreed [hyperlink] on how to apply it. Below, we outline relevant precedent on seizure by unsuccessful use of force before analyzing the lower court decisions in 'Torres,' and the theories presented on appeal."
Library of Congress. Congressional Research Service
Berris, Peter G.
2021-04-01
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WTO: Ministerial Delay, COVID-19, and Ongoing Issues [Updated March 31, 2021]
From the Overview: "Due to the Coronavirus Disease 2019 (COVID-19) pandemic,the World Trade Organization (WTO) postponed its 12th Ministerial Conference (MC12) until November 2021. The biennial meeting, which usually involves active U.S. participation, was widely anticipated as an action forcing event for the WTO amid serious challenges facing the global trading system. Some members had hoped key results for ongoing negotiations could help bolster the WTO's relevance. In addition, a dispute settlement crisis continues, with the Appellate Body ceasing to operate in December 2019, and no consensus on solutions. Broader reforms of the institution also remain under active discussion, including some U.S. proposals. While MC12 and other meetings were suspended, members have attempted to continue some WTO operations virtually. The new WTO Director-General (DG) is also getting settled into her new role. The post had been vacant since fall 2020, after the Trump Administration objected to Nigeria's Ngozi Okonjo-Iweala, the candidate who had received the majority of WTO member support. The Biden Administration supported her candidacy, removing a major obstacle to her official appointment on February 15, 2021. The WTO can play a unique role in coordinating global trade responses, which could be critical in mitigating the global economic and trade downturn in the wake of COVID-19."
Library of Congress. Congressional Research Service
Cimino-Isaacs, Cathleen D.; Fefer, Rachel F.; Fergusson, Ian F.
2021-03-31
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Venezuela: Background and U.S. Relations [Updated March 31, 2021]
From the Introduction: "Venezuela, long one of the most prosperous countries in South America, with the world's largest proven oil reserves, remains in the throes of a deep, multifaceted crisis under the authoritarian rule of Nicolás Maduro of the United Socialist Party of Venezuela (PSUV). Despite international pressure for Maduro to cede power and his mishandling of Venezuela's dire economic and humanitarian crisis, he has consolidated power. [...] U.S. relations with Venezuela, once a major oil supplier, deteriorated under the Hugo Chávez government (1999-2013), which undermined human rights, the separation of powers, and freedom of expression. U.S. concerns have deepened as the Maduro government has cracked down on the opposition, media, and civil society; engaged in drug trafficking and corruption; convened fraudulent elections, and impeded humanitarian aid distribution. The Administration of former President Donald Trump sought to exert diplomatic, economic, and legal pressure on Maduro until he agreed to leave office so that a transition government could convene free and fair elections. The Biden Administration is focused on addressing the humanitarian situation, supporting the Venezuelan people, and engaging in multilateral diplomacy to hold corrupt and abusive officials accountable and to press for a return to democracy. This report provides an overview of the overlapping political, economic, and humanitarian crises in Venezuela, followed by an overview of U.S. policy toward Venezuela."
Library of Congress. Congressional Research Service
Seelke, Clare Ribando; Nelson, Rebecca M.; Margesson, Rhoda . . .
2021-03-31
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Violence Against Women Act (VAWA) Reauthorization: Issues for Congress [March 31, 2021]
From the Introduction: "The Violence Against Women Act (VAWA; Title IV of P.L. 103-322) was originally enacted in 1994 and has been reauthorized three times. It was last reauthorized in 2013 (P.L. 113-4). Congress has continued to appropriate funding for VAWA programs even though authorized appropriations expired at the end of FY2018. Each VAWA program funded in FY2018 received funding in each subsequent fiscal year through FY2021. [...] The Violence Against Women Act Reauthorization Act of 2021 (H.R. 1620) passed the House on March 17, 2021. [...] Among other things, H.R. 1620 would reauthorize funding for VAWA programs and authorize new programs; amend and add definitions used for VAWA programs; amend federal criminal law relating to firearms, custodial rape, and stalking; expand tribal jurisdiction over certain crimes committed on tribal lands; create positions in the Office on Violence Against Women and the Office of Justice Programs to address culturally specific needs; emphasize restorative practices; and add programs to address housing and financial needs among survivors. This report briefly discusses the policy issues commonly associated with VAWA as well as several provisions of H.R. 1620. The bill would make many other changes that are not discussed in detail in the report (e.g., the creation of new grant programs that address issues such as lethality assessments in domestic violence cases). Given the size and broad scope of H.R. 1620, this report primarily focuses on issues that were raised in VAWA reauthorization efforts from the 116th Congress."
Library of Congress. Congressional Research Service
Hanson, Emily J.; Sacco, Lisa N.
2021-03-31
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Coast Guard Cutter Procurement: Background and Issues for Congress [Updated March 31, 2021]
From the Introduction: "This report provides background information and potential oversight issues for Congress on the Coast Guard's programs for procuring 8 National Security Cutters (NSCs), 25 Offshore Patrol Cutters (OPCs), and 58 Fast Response Cutters (FRCs). The Coast Guard's proposed FY2021 budget requested a total of $597 million in procurement funding for the NSC, OPC, and FRC programs. The issue for Congress is whether to approve, reject, or modify the Coast Guard's funding requests and acquisition strategies for the NSC, OPC, and FRC programs. Congress's decisions on these three programs could substantially affect Coast Guard capabilities and funding requirements, and the U.S. shipbuilding industrial base."
Library of Congress. Congressional Research Service
O'Rourke, Ronald
2021-03-31
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Drug Pricing and Intellectual Property: The Legislative Landscape for the 117th Congress [March 31, 2021]
From the Summary: "Intellectual property (IP) rights play an important role in the development and pricing of pharmaceuticals, such as prescription drugs and biological products (biologics). To provide incentives for research and development (R&D), IP law grants innovators exclusive rights that may prevent others from making generic or biosimilar versions of a drug or biologic, enabling makers of brand-name pharmaceuticals to charge higher prices in some circumstances. In the pharmaceutical context, such higher-than-competitive prices are intended to allow pharmaceutical manufacturers an opportunity to recoup substantial R&D costs, including clinical trials and other tests necessary to obtain regulatory approval from the Food and Drug Administration (FDA). Although many factors other than IP rights contribute to the cost of prescription drugs and biologics, pharmaceutical products are frequently protected by IP rights, and IP rights are often among the most important factors driving high drug prices. [...] [T]his report summarizes legislative proposals introduced in the 116th Congress that concern drug pricing and relate to patent and regulatory exclusivity rights in drugs and biologics. Among other things, this report classifies bills by legislative status and type, and analyzes and compares bills addressing similar subject matter."
Library of Congress. Congressional Research Service
Hickey, Kevin J.; Richards, Kevin T.; Ward, Erin H.
2021-03-31
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Air Force OA-X Light Attack Aircraft/SOCOM Armed Overwatch Program [Updated March 30, 2021]
From the Document: "On October 24, 2019, the U.S. Air Force issued a final request for proposals declaring its intent to acquire a new type of aircraft. The OA-X light attack aircraft is a small, two-seat turboprop airplane designed for operation in relatively permissive environments. The announcement of a formal program followed a series of Air Force 'experiments' to determine the utility of such an aircraft. Following conclusion of the Air Force experiments, the program passed to U.S. Special Operations Command as the 'Armed Overwatch' program, with a goal of acquiring 75 aircraft."
Library of Congress. Congressional Research Service
Gertler, Jeremiah
2021-03-31
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Emergency Rental Assistance Through the Coronavirus Relief Fund [Updated March 31, 2021]
From the Introduction: "The Consolidated Appropriations Act, 2021 (P.L. 116-260) included an appropriation of $25 billion to help low-income households make rent and utility payments through an Emergency Rental Assistance (ERA) program.The ERA is funded through the Coronavirus Relief Fund (CRF), a program created as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136), and administered by the Department of the Treasury, to assist state, local, territorial, and tribal governments. While the CARES Act CRF appropriation could be used for multiple purposes, the ERA appropriation in P.L. 116-260 is directed only to rent and utility assistance and housing stability services. A second appropriation--of $21.550 billion--for ERA was included in Section 3201 of the American Rescue Plan Act (P.L. 117-2). This report briefly describes the need for rental assistance during the Coronavirus Disease 2019 (COVID-19) pandemic, provides information about the allocation of ERA funds, describes the parameters of the ERA program, and discusses outstanding questions about the program and renter needs."
Library of Congress. Congressional Research Service
Driessen, Grant A.; McCarty, Maggie; Perl, Libby
2021-03-31
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Tabulating COVID-19-Related Fraud and Financial Loss [March 31, 2021]
From the Document: "Fraudsters have leveraged [hyperlink] the Coronavirus Disease 2019 (COVID-19) pandemic to take advantage of both individuals and organizations. Their schemes [hyperlink] range from posing as representatives of a charitable organization or government agency and tricking individuals into providing money or personally identifiable information (PII), to selling bogus or counterfeit treatments or vaccines for COVID-19 or protective equipment and medical devices, that may or may not be delivered after victims submit payment. Scammers have also tried to use stolen PII to gain access to and steal unemployment benefits and economic impact payments provided pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) and other legislation aimed at providing COVID-19-related relief and recovery. While the pandemic has created new opportunities for fraudsters, they still rely upon a number of tried-and-true tools to scam victims [hyperlink] or gain access to information, accounts, and resources. For instance, they continue to make robocalls, phish [hyperlink] for information through emails and social media, install malware on unsuspecting users' devices, and exploit technology vulnerabilities. In addition, criminals leverage both the surface web and dark web [hyperlink] to facilitate these schemes. In conducting oversight over federal law enforcement's efforts [hyperlink] to investigate COVID-19-related fraud and the associated financial losses, policymakers may look to available data surrounding these scams to aid them with their work."
Library of Congress. Congressional Research Service
Finklea, Kristin M.
2021-03-31
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Origins and Impact of the Foreign Intelligence Surveillance Act (FISA) Provisions That Expired on March 15, 2020 [Updated March 31, 2021]
From the Overview: "The Foreign Intelligence Surveillance Act of 1978 (FISA) provides a statutory framework by which government agencies may, when gathering foreign intelligence for an investigation, obtain authorization to conduct electronic surveillance or physical searches, use pen registers and trap and trace devices, or access specified business records and other tangible things. Authorization for such activities is typically obtained through a court order from the Foreign Intelligence Surveillance Court (FISC), a specialized court created to hear the government's requests to use FISA authorities. Shortly after the 9/11 terrorist attacks, Congress enacted the USA PATRIOT Act, in part, to 'provid[e] enhanced investigative tools' to 'assist in the prevention of future terrorist activities and the preliminary acts and crimes which further such activities.' The Patriot Act and subsequent measures amended FISA to enable the government to obtain information in a wider range of circumstances. At the time of enactment, these expanded authorities prompted concerns regarding the appropriate balance between national security interests and civil liberties. Perhaps in response to such concerns, Congress established sunset provisions that apply to three of the most controversial amendments to FISA[.] [...] Congress originally set these provisions to expire on December 31, 2005, but extended the expiration dates multiple times through June 1, 2015. [...] The controversy surrounding Section 215 complicated efforts to reauthorize all three of the expiring provisions, and they eventually expired on June 1, 2015. [...] In December 2019, Congress extended the three provisions, as amended by the USA FREEDOM Act, until March 15, 2020. The provisions have not been reauthorized since they expired on March 15, 2020."
Library of Congress. Congressional Research Service
Liu, Edward C.
2021-03-31
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Naming VA Facilities: Fact Sheet [March 31, 2021]
From the Introduction: "The Department of Veterans Affairs (VA) operates a large number of facilities across its three major administrations: the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), and the National Cemetery Administration (NCA). VHA owns and operates approximately 5,665 buildings and operates another 1,663 leases. VBA operates approximately 217 offices nationwide. NCA operates 155 national cemeteries and 34 soldiers' lots and memorial sites. VA is restricted by law to naming facilities after the geographic region where they are located. Among Members of Congress, there is often interest in naming VA facilities, such as VA medical centers (VAMCs), hospitals, community-based outpatient clinics (CBOCs), and cemeteries to commemorate specific individuals. Since 1998, this has solely been a congressional prerogative, accomplished through legislation with rules set by the House and Senate Committees on Veterans' Affairs (HVAC and SVAC, respectively). In the 116th Congress, for example, at least 25 bills were introduced with the purpose of renaming a VA facility; seven of those became law. (See this report's 'Recent Examples of Legislation' section). This report provides a brief overview of the legal authority for naming facilities, the current process, and recent examples of legislation to name facilities."
Library of Congress. Congressional Research Service
Sussman, Jared S.; Davis, Carol D.
2021-03-31
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COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options [Updated March 31, 2021]
From the Summary: "The U.S. Small Business Administration (SBA) administers several types of programs to support small businesses, including direct disaster loan programs for businesses, homeowners, and renters; loan guaranty and venture capital programs; management and technical assistance training programs; and contracting programs.Congressional interest in these programs has become especially acute in the wake of the Coronavirus Disease 2019 (COVID-19) pandemic's widespread adverse economic impact on the national economy. This report provides a brief description of the SBA's programs and examines congressional action to assist small businesses during and immediately following the Great Recession (2007- 2009) and during the COVID-19 pandemic."
Library of Congress. Congressional Research Service
Dilger, Robert Jay, 1954-; Lindsay, Bruce R.; Lowry, Sean
2021-03-31
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U.S. Nuclear Weapons Complex: Overview of Department of Energy Sites [Updated March 31, 2021]
From the Introduction: "Responsibility for U.S. nuclear weapons resides in both the Department of Defense (DOD) and the DOE [Department of Energy]. DOD develops, deploys, and operates the missiles, submarines, and aircraft that deliver nuclear warheads. It also generates the military requirements for the warheads carried on those platforms. This report, however, focuses on the facilities managed by the DOE and its semiautonomous National Nuclear Security Administration (NNSA). NNSA oversees the research, development, test, and acquisition programs that produce, maintain, and sustain the nuclear warheads. DOE is responsible for storing and securing the warheads that are not deployed with DOD delivery systems, securing special nuclear materials, and dismantling warheads that have been retired and removed from the stockpile. The current nuclear weapons complex (i.e., the major facilities within the Nuclear Security Enterprise that are used to meet the requirements for maintaining the nuclear weapons stockpile) consists of nine government-owned, contractor-operated sites in seven states, and a Tennessee Valley Authority (TVA) nuclear reactor used to produce tritium for nuclear weapons. [...] As funding for NNSA continues to rise, interest has grown in U.S. nuclear policy, in general, and in the facilities and programs managed by NNSA, in particular. This report provides details about each of the sites within the complex. It begins with a brief history of the nuclear weapons complex and then reviews current issues that Congress may address during the annual authorizations and appropriations process."
Library of Congress. Congressional Research Service
Woolf, Amy F.; Werner, James D.
2021-03-31
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Overview of Department of Defense Use of the Electromagnetic Spectrum [Updated March 31, 2021]
From the Summary: "Communication using the electromagnetic spectrum ('the spectrum') enables a number of modern military capabilities. The Department of Defense (DOD) uses electromagnetic radiation to enable military communications, navigation, radar, nonintrusive inspection of aircraft, and other equipment. DOD also heavily relies on electromagnetic radiation for intelligence, surveillance, and reconnaissance (ISR) applications such as missile early warning and signals intelligence. Individual branches of the military (e.g., the Air Force, Army, Marine Corps, Navy and Space Force) currently are allotted significant ranges of frequency bands to enable various equipment and applications that support military operations. Potential adversaries like China and Russia have observed how the United States wages war through conflicts ranging from Desert Storm to Allied Force, Iraqi Freedom, and Enduring Freedom over the past 30 years. These potential adversaries have identified the DOD's use of the spectrum as a critical enabler, and, as a result, have developed weapon systems, particularly electronic warfare (EW) platforms, designed to challenge the DOD's ability to effectively use the spectrum. These technologies designed to deny access to the spectrum are part of a series of systems and technologies that are commonly referred to as anti-access/area denial capabilities. Several new and emerging technologies and methods to employ existing technologies (called concepts) are being developed to counter these challenges. These new technologies include directed energy, artificial intelligence, and counter-unmanned aircraft systems. Concepts like Joint All Domain Command and Control (JADC2) and Mosaic Warfare look to change the nature of how the DOD communicates and uses the spectrum."
Library of Congress. Congressional Research Service
Hoehn, John R.; Gallagher, Jill C.; Sayler, Kelley M.
2021-03-31
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Housing Funding in the American Rescue Plan Act of 2021 [March 31, 2021]
From the Document: "According to Census data from late February 2021, nearly 19% of renters [hyperlink] and more than 10% of homeowners with a mortgage [hyperlink] reported having fallen behind in their housing payments during the Coronavirus Disease 2019 (COVID-19) pandemic. In response, the American Rescue Plan Act of 2021 (ARPA; P.L. [public law] 117-2), enacted in mid-March 2021, included nearly $43 billion in mandatory funding for housing-related programs intended to assist people experiencing housing instability and homelessness. (In addition to funding housing programs, ARPA provided cash to individuals [e.g., individual relief payments, refundable tax credits, and enhanced unemployment benefits] that may also help families pay their housing costs.) [...] Funded programs include those developed specifically to respond to the COVID-19 pandemic (e.g., the Emergency Rental Assistance program and Homeowner Assistance Fund), as well as existing programs. In some cases, ARPA directed that funding provided through existing programs be used in new ways to serve people experiencing homelessness (e.g., Emergency Housing Vouchers and HOME [Home Investment Partnerships Program] funds); in other cases, the funds are to be used to respond to the pandemic largely within existing program parameters (e.g., Native American and rural housing programs). This Insight includes a funding table followed by a list of each program funded and a brief description of how funds can be used."
Library of Congress. Congressional Research Service
Jones, Katie; Perl, Libby; McCarty, Maggie
2021-03-31
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Federal Eviction Moratoriums in Response to the COVID-19 Pandemic [Updated March 30, 2021]
From the Document: "On September 4, 2020, the Centers for Disease Control and Prevention (CDC) imposed a nationwide temporary federal moratorium on residential evictions [hyperlink] for nonpayment of rent. The stated purpose of the order is preventing the further spread of Coronavirus Disease 2019 (COVID-19), specifically by preventing homelessness and overcrowded housing conditions resulting from eviction. The action, which followed an Executive Order [hyperlink] directing the CDC to consider such a measure, is unprecedented, both in terms of the federal reach into what is traditionally state and local governance of landlord-tenant law and its use of a public health authority [hyperlink] for this purpose. The national eviction moratorium took effect less than two weeks after the expiration of a different and narrower set of eviction protections established by the CARES [Coronavirus Aid, Relief, and Economic Security] Act (§4024) [hyperlink]. This Insight compares the two eviction moratoriums across several key features and ends with a review of implementation issues raised by the CDC moratorium."
Library of Congress. Congressional Research Service
McCarty, Maggie; Perl, Libby
2021-03-30
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Searches and Seizures at the Border and the Fourth Amendment [Updated March 30, 2021]
From the Summary: "Congress has broad authority to regulate persons or items entering the United States, an authority that is rooted in its power to regulate foreign commerce and to protect the integrity of the nation's borders. Exercising this authority, Congress has established a comprehensive framework that authorizes federal law enforcement officers to inspect and search persons and property at the border to ensure that their entry conforms with governing laws, including those relating to customs and immigration."
Library of Congress. Congressional Research Service
Smith, Hillel R.; Santamaria, Kelsey Y.
2021-03-30
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Biometric Technologies and Global Security [Updated March 30, 2021]
From the Document: "Biometric technologies use unique biological or behavioral attributes--such as DNA, fingerprints, cardiac signatures, voice or gait patterns, and facial or ocular measurements-- to authenticate an individual's identity. Although biometric technologies have been in use for decades, recent advances in artificial intelligence (AI) and Big Data analytics have expanded their application. As these technologies continue to mature and proliferate, largely driven by advances in the commercial sector, they will likely hold growing implications for congressional oversight, civil liberties, U.S. defense authorizations and appropriations, military and intelligence concepts of operations, and the future of war."
Library of Congress. Congressional Research Service
Sayler, Kelley M.
2021-03-30
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Mergers and Acquisitions in Digital Markets [March 30, 2021]
From the Introduction: "Some Members of Congress have raised antitrust concerns about 'Big Tech'--Alphabet (Google), Amazon, Apple, Facebook, and Microsoft. The first four companies were the focus of an investigation on competition in digital markets conducted by the Subcommittee on Antitrust, Commercial, and Administrative Law of the House Judiciary Committee. A staff report issued by the subcommittee in 2020 asserts that, in digital markets, the 'significant and durable market power is due to several factors, including a high volume of acquisitions by the dominant platforms.' According to the report, over the past 20 years, Facebook acquired at least 63 companies, Alphabet at least 260, Amazon at least 100, and Apple at least 120. Microsoft reports acquiring 167 companies during the same time period. This report discusses the potential effects of mergers and acquisitions on competition in digital markets. It explains how federal antitrust agencies review proposed mergers, and explores some of the complications of examining mergers in digital markets. The report concludes with potential legislative options and some considerations for Congress."
Library of Congress. Congressional Research Service
Cho, Clare Y.
2021-03-30
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COVID-19 Response: Broadband Funding for Tribes, Tribal Colleges and Universities, the Bureau of Indian Affairs, the Bureau of Indian Education, and the Indian Health Service [Updated March 30, 2021]
From the Document: "Three recent enacted laws that, in whole or in part, address the effects of the Coronavirus Disease 2019 (COVID-19) pandemic provided both direct and indirect broadband funding for American Indian tribes, tribal colleges and universities, the Bureau of Indian Affairs, the Bureau of Indian Education, and the Indian Health Service (collectively, 'tribal entities'). They are [1] the Coronavirus Aid, Relief, and Economic Security (CARES) Act, P.L. [public law] 116-136; [2] Division N of Title IX of the Consolidated Appropriations Act, 2021 (CAA, 2021), P.L. 116-260; and [3] the American Rescue Plan Act (ARPA), P.L. 117-2. This In Focus lists major broadband programs funded by these three laws as well as potential additional funding in subsequently proposed legislation."
Library of Congress. Congressional Research Service
Figliola, Patricia Moloney; Rachfal, Colby Leigh; Casey, Alyssa R. . . .
2021-03-30
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Executive Orders: An Introduction [March 29, 2021]
From the Summary: "Executive orders are written instruments through which a President can issue directives to shape policy. Although the U.S. Constitution does not address executive orders and no statute grants the President the general power to issue them, authority to issue such orders is accepted as an inherent aspect of presidential power, though their legal effect depends on various considerations."
Library of Congress. Congressional Research Service
Richards, Kevin T.
2021-03-29
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Interim National Security Strategic Guidance [March 29, 2021]
From the Document: "On March 3, 2021, the White House released an Interim National Security Strategic Guidance (INSSG). This is the first time an administration has issued interim guidance; previous administrations refrained from issuing formal guidance that articulated strategic intent until producing the congressionally mandated National Security Strategy (NSS) (originating in the Goldwater-Nichols Department of Defense Reorganization Act of 1986 P.L. [public law] 99-433, §603/50 U.S.C §3043). The full NSS is likely to be released later in 2021 or early 2022. The INSSG states the Biden Administration's conceptual approach to national security matters as well as signaling its key priorities, particularly as executive branch departments and agencies prepare their Fiscal Year(FY) 2022 budget submissions. With respect to the latter, FY2022 will be the first budget prepared after the expiration of the budget caps required under the Budget Control Act (BCA) of 2011. Details regarding how the Administration's conceptual approach will be implemented across different regions and functional issues are likely to be expressed in the full NSS."
Library of Congress. Congressional Research Service
McInnis, Kathleen J.
2021-03-29
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Army's Multi-Domain Task Force (MDTF) [March 29, 2021]
From the Document: "Congress has expressed concern regarding the growing threat to U.S. national security posed by a resurgent Russia and China. The Army contends in order to address this threat, it must be able to operate in a multi-domain ['air', 'land', 'water', 'space', 'cyber', 'information'] environment which requires new operational concepts, technologies, weapons, and units. The Multi-Domain Task Force (MDTF) is the Army's self-described 'organizational centerpiece' of this effort."
Library of Congress. Congressional Research Service
Feickert, Andrew
2021-03-29
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Domestic Funding for COVID-19 Vaccines: An Overview [Updated March 29, 2021]
From the Document: "To date, the U.S. Food and Drug Administration (FDA) has authorized for emergency use [hyperlink] three Coronavirus Disease 2019 (COVID-19) vaccines; additional vaccines [hyperlink] may become available within months. Federal efforts to develop, manufacture, regulate, purchase, and distribute vaccines have involved a number of agencies. Under the Trump Administration, such efforts were largely organized under Operation Warp Speed [hyperlink] (OWS) led by the Department of Health and Human Services (HHS) and the Department of Defense (DOD). Coordinated interagency efforts continue under the Biden Administration. Many aspects of federal domestic vaccine efforts have thus far been funded by appropriations in COVID-19 relief acts, especially funding to U.S. Public Health Service [hyperlink] (PHS) agencies and accounts. The following provides an overview of appropriations for selected domestic COVID-19 vaccine related activities. (With the exception of the mandatory funding provided by the American Rescue Plan Act of 2021 (ARPA), all funding amounts discussed below are classified as discretionary [hyperlink].) The following is meant to inform a general understanding of available funding, but may not capture every federal account that can be used for vaccine-related activities. In general, many of the HHS appropriations are available for multiple years or until expended, and some of the funding is transferrable [hyperlink] between accounts by the HHS Secretary."
Library of Congress. Congressional Research Service
Sekar, Kavya
2021-03-29
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Global COVID-19 Vaccine Distribution [March 26, 2021]
From the Background: "The COVID-19 [coronavirus disease 2019] pandemic has led to severe health and economic consequences across the globe, as governments work to contain the spread of the virus and its variants. Officials have instituted a range of physical lockdowns and quarantine measures. In late 2020, researchers identified several new COVID-19 variants, which present challenges to pandemic control. For example, parts of Brazil, South Africa, and the United Kingdom are experiencing surges in COVID-19 cases believed to be caused in part by variants that have emerged in those countries. Vaccines and other countermeasures are playing a growing role in COVID-19 control. Researchers continue to study the safety and effectiveness of various COVID-19 vaccine candidates. Congress has appropriated approximately $15 billion through supplemental appropriations (P.L. 116-123, P.L. 116-136, P.L. 116-260, and P.L. 117-2) for a range of global COVID-19 responses. Congress authorized the U.S. Agency for International Development (USAID) to use $4 billion of those funds in support of multilateral COVID19 vaccine efforts. Actions by the Biden Administration to deepen U.S. multilateral engagement, such as joining the COVID-19 Vaccines Global Access Facility (COVAX), may lead to additional U.S. government support for global COVID-19 control."
Library of Congress. Congressional Research Service
Tharakan, Sara M.; Salaam-Blyther, Tiaji
2021-03-26
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Cuba: U.S. Policy Overview [Updated March 26, 2021]
From the Document: "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. [...] President Trump unveiled his Administration's Cuba policy in 2017, introducing new sanctions and rolling back efforts to normalize relations. By 2019, the Administration had largely abandoned engagement and, from 2019 to January 2021, significantly increased sanctions(see discussion below)--especially on travel and remittances--to pressure the Cuban government on human rights and for its support of the Venezuelan government of Nicolás Maduro. Although many observers expect the Biden Administration to shift U.S. policy to focus again on engagement, sanctions imposed under the Trump Administration remain in place. During the U.S. election campaign, Biden said he would reverse Trump Administration policies that harmed the Cuban people without advancing democracy and human rights. The White House press secretary said on March 9 that although a Cuba policy shift was not among the President's top priorities, the Administration was 'committed to making human rights a core pillar' of policy and 'committed to carefully reviewing policy decisions made in the prior administration, including the decision to designate Cuba as a state sponsor of terrorism.'"
Library of Congress. Congressional Research Service
Sullivan, Mark P.
2021-03-26
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Boko Haram and the Islamic State's West Africa Province [Updated March 26, 2021]
From the Document: "Since 2009, an Islamist insurgency based in northeastern Nigeria has killed tens of thousands of people and triggered a massive humanitarian crisis in the Lake Chad Basin region of Nigeria, Cameroon, Chad, and Niger. Founded in the early 2000s as a Salafist Sunni Muslim reform movement, Boko Haram, which roughly translates to 'Western culture is forbidden,' has evolved into one of the world's deadliest Islamist armed groups. Since 2016, an Islamic State (IS)-affiliated splinter faction, the Islamic State's West Africa Province (IS-WA, aka ISIS-WA or ISWAP) has surpassed Boko Haram in size and capacity, and now ranks among IS's most active affiliates."
Library of Congress. Congressional Research Service
Husted, Tomas F.
2021-03-26
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'Staying Nuclear'?: Legal Challenges to State Subsidies for Aging Nuclear Power Plants and Related FERC Actions [March 26, 2021]
From the Document: "Nuclear power plants can produce large amounts of electricity with relatively low greenhouse gas (GHG) emissions, potentially assisting the United States in reducing such emissions. But the U.S. nuclear power industry faces a number of challenges [hyperlink], including high operating and maintenance costs; aging plants; competition from natural gas and renewable energy sources; and lawsuits from labor and environmental groups, among others. According to the U.S. Nuclear Regulatory Commission, 21 nuclear power reactors are currently undergoing decommissioning [hyperlink] in the United States; two reactors [hyperlink] are currently under construction. The federal government provides some financial support [hyperlink] to the nuclear energy industry in the form of tax credits and other measures. But states have also increasingly sought to subsidize nuclear power plants that operate within their jurisdictions to preserve existing nuclear generation capacity and the jobs and tax base they provide to local communities. [...] This Legal Sidebar examines key recent circuit court decisions related to state subsidization of the nuclear power industry and litigation against the Federal Energy Regulatory Commission (FERC)'s subsequent orders expanding the Minimum Offer Price Rule (MOPR) in the PJM [Pennsylvania-New Jersey-Maryland] Interconnection."
Library of Congress. Congressional Research Service
Murrill, Brandon J.
2021-03-26
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Supreme Court Decision Sheds Light on State Authority to Regulate Health Care Costs [March 26, 2021]
From the Document: "Alongside recent federal efforts [hyperlink] to combat escalating prescription drug costs, state governments [hyperlink] have sought to address these high costs within their borders. Many state efforts involve restrictions [hyperlink] on pharmacy benefit managers [hyperlink] (PBMs), companies that facilitate [hyperlink] the purchase of drugs through the pharmaceutical distribution chain [hyperlink] and administer [hyperlink] prescription drug coverage on behalf of health insurers, employers, and others. While many states have enacted legislative measures intended to hold PBMs accountable for their role in the pharmaceutical marketplace, PBMs have challenged some of these measures on the basis that they are preempted by the federal Employee Retirement Income Security Act [hyperlink] (ERISA). On December 10, 2020, in 'Rutledge v. Pharmaceutical Care Management Ass'n' [hyperlink], the Supreme Court weighed in on this issue, concluding that a state PBM law withstood preemption by the federal act. Why does this case warrant attention for the Biden Administration and the 117th Congress? In the past, courts have [hyperlink] concluded that ERISA restricts states from enacting certain health care regulatory measures that affect employment-based health coverage. In the wake of 'Rutledge', questions may arise about the degree to which states have leeway to regulate health care costs in the context of PBMs and beyond. This Legal Sidebar provides background on ERISA preemption; examines the 'Rutledge' decision; and concludes with selected legal considerations for Congress as it continues to address drug pricing reforms."
Library of Congress. Congressional Research Service
Staman, Jennifer A.
2021-03-26
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Recommendation for New U.S. Circuit and District Court Judgeships by the Judicial Conference of the United States (117th Congress) [March 26, 2021]
From the Document: "Congress determines, through legislative action, both the size and structure of the federal judiciary. Consequently, the creation of any new permanent or temporary U.S. circuit and district court judgeships must be authorized by Congress. Congress can authorize either permanent or temporary judgeships. A 'permanent judgeship,' as the term suggests, permanently increases the number of judgeships for a court, whereas a 'temporary judgeship' increases the number of judgeships for a specified amount of time (although Congress can later convert such a judgeship to a permanent one). [...] The number of permanent circuit court judgeships increased to 179 in 1990 [hyperlink] during the 101st Congress and has remained at that number to the present day. This represents the longest period of time since 1891 that Congress has not authorized any new permanent circuit court judgeships. The number of permanent district court judgeships increased to 663 in 2003 [hyperlink] during the 108th Congress and has remained at that number to the present day. This represents the longest period of time since district courts were established in 1789 that Congress has not authorized any new permanent district court judgeships."
Library of Congress. Congressional Research Service
McMillion, Barry J.
2021-03-26
