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• Federal Research and Development Funding: FY2018 [July 31, 2017]

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  "The 115th Congress continues its interest in U.S. research and development (R&D) and in evaluating support for federal R&D activities. The federal government has played an important role in supporting R&D efforts that have led to scientific breakthroughs and new technologies, from jet aircraft and the internet to communications satellites, shale gas extraction, and defenses against disease. However, widespread concerns about the federal debt and recent and projected federal budget deficits are driving difficult decisions about the prioritization of R&D, both in the context of the entire federal budget and among competing needs within the federal R&D portfolio."

  Library of Congress. Congressional Research Service

  Sargent, John F.

  2017-07-31
• In Brief: Highlights of FY2018 Defense Appropriations Actions

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  "The President's budget request, submitted to Congress on May 23, 2017, seeks $677.1 billion in budget authority for national defense-related activities [budget function 050]. Of the national defense total, $667.6 billion is discretionary spending. The remaining $9.6 billion is mandatory spending not provided by annual appropriations acts."

  Library of Congress. Congressional Research Service

  Williams, Lynn M.; Towell, Pat

  2017-07-31
• Bail: An Overview of Federal Criminal Law [July 31, 2017]

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  "In a criminal law context, bail is most often thought of as the posting of security to ensure the presence of an accused at subsequent judicial proceedings-that is, '[t]o obtain the release of (oneself or another) by providing security for future appearance.' The term itself is less frequently used now, however, due in part to the practice of release on personal recognizance, which consists of permitting an individual to pledge his word, rather than his property, for his future appearance. Moreover, today, an individual's release pending subsequent criminal proceedings is often predicated on conditions other than, or in addition to, the posting of an appearance bond, secured or unsecured. As a consequence, rather than speaking of bail, existing federal law refers to release or detention pending trial, to release or detention pending sentencing or appeal, and to release or detention of a material witness. This report provides an overview of federal law in each of these areas, as well as in the area of extradition from the United States to another country."

  Library of Congress. Congressional Research Service

  Doyle, Charles

  2017-07-31
• Rwanda's August 4 Presidential Election [July 31, 2017]

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  "The circumstances of Rwanda's August 4 presidential election highlight some of the policy challenges in approaching a country that arguably combines effective governance with political repression. President Paul Kagame, in office since 2000, is campaigning for a third term. A constitutional referendum in 2015 changed the presidential term from seven to five years but exempted the sitting President from the shortened term and from a two-term limit until 2024."

  Library of Congress. Congressional Research Service

  Bardall, Gabrielle S; Arieff, Alexis

  2017-07-31
• NAFTA and Motor Vehicle Trade [July 28, 2017]

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  "Under the North American Free Trade Agreement (NAFTA), which took effect in January 1994, motor vehicle and vehicle parts manufacturers have integrated their production operations in the United States, Canada, and Mexico. President Donald Trump has criticized the agreement, and on May 18, 2017, the Trump Administration notified Congress of its intent to renegotiate the agreement, as required by the 2015 Trade Promotion Authority (TPA). The 115th Congress may consider legislation for a 'modernization' of NAFTA under TPA, a process by which Congress agrees to expeditiously consider implementing legislation for a trade agreement negotiated by the President, provided he meets certain statutory negotiating objectives and congressional notification and consultation requirements. On July 17, 2017, the Administration announced its objectives in forthcoming negotiations."

  Library of Congress. Congressional Research Service

  Canis, Bill; Villarreal, M. Angeles; Jones, Vivian Catherine

  2017-07-28
• Federal Communications Commission: Current Structure and Its Role in the Changing Telecommunications Landscape [July 28, 2017]

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  "The Federal Communications Commission (FCC) is an independent federal agency with its five members appointed by the President, subject to confirmation by the Senate. It was established by the Communications Act of 1934 (1934 Act) and is charged with regulating interstate and international communications by radio, television, wire, satellite, and cable. The mission of the FCC is to ensure that the American people have available-at reasonable cost and without discrimination-rapid, efficient, nation- and world-wide communication services, whether by radio, television, wire, satellite, or cable."

  Library of Congress. Congressional Research Service

  Figliola, Patricia Moloney

  2017-07-28
• Honduras: Background and U.S. Relations [July 28, 2017]

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  "Honduras, a Central American nation of 8.7 million people, faces significant domestic challenges. Democratic institutions are fragile, current economic growth rates are insufficient to reduce widespread poverty, and the country continues to experience some of the highest violent crime rates in the world. These interrelated challenges have produced periodic instability in Honduras, such as a political crisis in 2009 and relatively high levels of displacement and emigration in recent years. Although President Juan Orlando Hernández and his Administration have taken steps designed to address some of these deep-seated issues, many analysts maintain that Honduras lacks the institutions and resources necessary to tackle these challenges on its own."

  Library of Congress. Congressional Research Service

  Meyer, Peter J.

  2017-07-28
• Methane and Other Air Pollution Issues in Natural Gas Systems [July 27, 2017]

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  "Congressional interest in U.S. energy policy has often focused on ways through which the United States could secure more economical, reliable, and cleaner fossil fuel resources both domestically and internationally. Recent expansion in natural gas production, primarily as a result of new or improved technologies (e.g., hydraulic fracturing, directional drilling) used on unconventional resources (e.g., shale, tight sands, and coalbed methane) has made natural gas an increasingly significant component in the U.S. energy supply. This expansion, however, has prompted questions about the potential impacts of natural gas systems on human health and the environment, including impacts on air quality."

  Library of Congress. Congressional Research Service

  Lattanzio, Richard K.

  2017-07-27
• U.S. Petroleum Trade with Venezuela: Financial and Economic Considerations Associated with Possible Sanctions [July 27, 2017]

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  "The political crisis in Venezuela is at a pivotal point 'See CRS Report R44841, Venezuela: Background and U.S. Policy.' President Nicolas Maduro is convening elections on July 30 for delegates to a constituent assembly to rewrite the country's constitution and possibly dismantle the legislative branch. On July 17, 2017, President Donald Trump issued a statement that declared that 'the United States will take strong and swift economic actions' if the assembly elections occur. Those actions reportedly could include sanctions on Venezuela's energy sector, which generates 95% of its export earnings. While there are humanitarian and political risks of implementing sanctions on Venezuela, this insight explores economic considerations of potential petroleum sector sanctions."

  Library of Congress. Congressional Research Service

  Brown, Phillip; Seelke, Clare Ribando

  2017-07-27
• Transgender Servicemembers: Policy Shifts and Considerations for Congress [July 26, 2017]

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  "A series of Twitter posts on July, 26, 2017, by President Donald J. Trump are widely being interpreted as a shift in Department of Defense (DOD) policy on service in the Armed Forces by individuals who are transgender, stating. After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow[...]Transgender individuals to serve in any capacity in the U.S. Military. Our military must be focused on decisive and overwhelming[...]victory and cannot be burdened with the tremendous medical costs and disruption that transgender in the military would entail."

  Library of Congress. Congressional Research Service

  Kamarck, Kristy N.

  2017-07-26
• Cuba: U.S. Policy in the 115th Congress [July 26, 2017]

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  "Political and economic developments in Cuba and U.S. policy toward the island nation, located just 90 miles from the United States, have been significant congressional concerns for many years. Especially since the end of the Cold War, Congress has played an active role in shaping U.S. policy toward Cuba, first with the enactment of the Cuban Democracy Act of 1992 (CDA; P.L. 102-484, Title XVII) and then with the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (P.L. 104-114). Both measures strengthened U.S. economic sanctions on Cuba that had first been imposed in the early 1960s but also provided road maps for a normalization of relations, dependent upon significant political and economic changes in Cuba. Congress partially modified its sanctions-based policy toward Cuba when it enacted the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA; P.L. 106-387, Title IX) allowing for U.S. agricultural exports to Cuba."

  Library of Congress. Congressional Research Service

  Sullivan, Mark P.

  2017-07-26
• Aviation Bills Take Flight, but Legislative Path Remains Unclear [July 25, 2017]

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  "Both the House Transportation and Infrastructure Committee and the Senate Committee on Commerce, Science, and Transportation acted favorably on bills to reauthorize the Federal Aviation Administration (FAA) and other aviation programs during the last week of June. The two bills, H.R. 2997 and S. 1405, have significant differences, many of them related to provisions in the House bill that would create a not-for-profit private corporation to take over responsibility for running the national air traffic control system. The Senate bill contains no similar provisions, and the path forward for the legislation will depend on whether the two houses can reach agreement on an issue that they were unable to bridge last year. Lack of agreement on air traffic control reforms in the 114th Congress led to the passage of a one-year aviation extension (P.L. 114-190) that will expire at the end of FY2017."

  Library of Congress. Congressional Research Service

  Tang, Rachel; Elias, Bartholomew

  2017-07-25
• Arms Sales: Congressional Review Process [July 25, 2017]

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  "This report reviews the process and procedures that currently apply to congressional consideration of foreign arms sales proposed by the President. This includes consideration of proposals to sell major defense equipment, defense articles and services, or the retransfer to third-party states of such military items. Under Section 36(b) of the Arms Export Control Act (AECA), Congress must be formally notified 30 calendar days before the Administration can take the final steps to conclude a government-to-government foreign military sale of major defense equipment valued at $14 million or more, defense articles or services valued at $50 million or more, or design and construction services valued at $200 million or more. In the case of such sales to NATO member states, NATO, Japan, Australia, South Korea, Israel, or New Zealand, Congress must be formally notified 15 calendar days before the Administration can proceed with the sale. However, the prior notice threshold values are higher for sales to NATO members, Japan, Australia, South Korea, Israel, or New Zealand. Commercially licensed arms sales also must be formally notified to Congress 30 calendar days before the export license is issued if they involve the sale of major defense equipment valued at $14 million or more, or defense articles or services valued at $50 million or more (Section 36(c) AECA). In the case of such sales to NATO member states, NATO, Japan, Australia, South Korea, Israel, or New Zealand, Congress must be formally notified 15 calendar days before the Administration is authorized to proceed with a given sale. As with government-to-government sales, the prior notice threshold values are higher for sales to NATO members, Japan, Australia, South Korea, Israel, or New Zealand."

  Library of Congress. Congressional Research Service

  Kerr, Paul K.

  2017-07-25
• Lebanon [July 25, 2017]

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  "Since having its boundaries drawn by France after the First World War, Lebanon has struggled to define its national identity. Unlike other countries in the region, its population included Christian, Sunni Muslim, and Shia Muslim communities of roughly comparable size, and with competing visions for the country. Seeking to avoid sectarian conflict, Lebanese leaders created a confessional system that allocated power among the country's religious sects according to their percentage of the population. The system was based on Lebanon's last official census, which was conducted in 1932. As Lebanon's demographics shifted over the years, Muslim communities pushed for the political status quo, favoring Maronite Christians, to be revisited, while the latter worked to maintain their privileges. This tension at times manifested itself in violence, such as during the country's 15-year civil war, but also in ongoing political disputes such as disagreements over revisions to Lebanon's electoral law. To date, domestic political conflicts continue to be shaped in part by the influence of external actors, including Syria and Iran."

  Library of Congress. Congressional Research Service

  Humud, Carla E.

  2017-07-25
• Oman: Reform, Security, and U.S. Policy [July 25, 2017]

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  "Oman is located along the Arabian Sea, on the southern approaches to the Strait of Hormuz, across from Iran. Except for a brief period of Persian rule, Omanis have remained independent since expelling the Portuguese in 1650. The Al Said monarchy began in 1744, extending Omani influence into Zanzibar and other parts of East Africa until 1861. A long-term rebellion led by the imam of Oman, leader of the Ibadhi sect (neither Sunni nor Shiite and widely considered 'moderate conservative') ended in 1959. Oman's population is 75% Ibadhi-a moderate form of Islam that is closer in philosophy to Sunni Islam than to Shiism. Sultan Qaboos bin Sa'id Al Said, born in November 1940, is the eighth in the line of the monarchy; he became sultan in July 1970 when, with British support, he forced his father, Sultan Said bin Taymur Al Said, to abdicate."

  Library of Congress. Congressional Research Service

  Katzman, Kenneth

  2017-07-25
• Gulf Coast Restoration: RESTORE Act and Related Efforts [July 24, 2017]

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  "The Gulf of Mexico coastal region (Gulf Coast) stretches over the shoreline areas of five U.S. states: Texas, Louisiana, Mississippi, Alabama, and Florida. The coastal environment has been altered over time due to changes in hydrology, loss of barrier islands and coastal wetland habitat, issues associated with low water quality, human development, and natural processes, among other things. The federal government has addressed these changes through ecosystem restoration activities in the region over the past few decades. Major restoration projects led by the U.S. Army Corps of Engineers (Corps), the Fish and Wildlife Service (FWS), the National Oceanic and Atmospheric Administration (NOAA), and the Environmental Protection Agency (EPA) have been implemented. Significant state and local efforts to restore the Gulf Coast have also been undertaken, in some cases in consultation with the federal government."

  Library of Congress. Congressional Research Service

  Sheikh, Pervaze A.; Ramseur, Jonathan L.; Stern, Charles V.

  2017-07-24
• Iran Sanctions [July 24, 2017]

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  "The multilateral nuclear accord (Joint Comprehensive Plan of Action, or JCPOA) provides Iran broad relief from U.S., U.N., and multilateral sanctions on Iran's civilian economic sectors. On January 16, 2016, upon the International Atomic Energy Agency (IAEA) certification that Iran had complied with the stipulated nuclear dismantlement commitments, U.S. Administration waivers of relevant sanctions laws took effect, relevant Executive Orders (E.O.s) were revoked, and corresponding U.N. and EU sanctions were lifted ('Implementation Day'). Remaining in place have been those secondary sanctions (sanctions on foreign firms) that have been imposed because of Iran's support for terrorism, its human rights abuses, its interference in specified countries in the region, and its missile and advanced conventional weapons programs, as well as sanctions on the Islamic Revolutionary Guard Corps (IRGC) and designated commanders, subunits, and affiliates. A general ban on U.S. trade with and investment in Iran, including regulations barring transactions between U.S. and Iranian banks, remains in place. Under U.N. Security Council Resolution 2231, most U.N. sanctions terminated as of Implementation Day, but some U.N. restrictions on Iran's development of nuclear-capable ballistic missiles and its importation or exportation of arms remain in place for several years."

  Library of Congress. Congressional Research Service

  Katzman, Kenneth

  2017-07-24
• Base Erosion and Profit Shifting (BEPS): OECD Tax Proposals [July 24, 2017]

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  "Base erosion and profit shifting (BEPS) are 'tax-avoidance strategies that exploit gaps and mismatches in tax rules to artificially shift profits to low or no-tax locations.' For example, countries worldwide can experience reduced tax collections through various mechanisms that firms use to shift corporate profits out of higher tax jurisdictions into lower tax jurisdictions and other mechanisms that reduce interest, dividend, and royalty taxes. The Organization for Economic Cooperation and Development (OECD) has been engaged in an ongoing project to reduce BEPS. In October 2015, the OECD published its final list of 15 BEPS action items to equip governments with measures to address tax avoidance (although some updated or additional material has been provided). Some of these proposals can be (or have been) implemented in the United States and in other countries through administrative actions, and others would require legislative action. Some would require modifications of international tax treaties. U.S. multinational firms will be affected not only by actions taken by the United States but also by actions undertaken by other countries. The OECD framework was adopted by the G-20 Finance Ministers in February 2016."

  Library of Congress. Congressional Research Service

  Gravelle, Jane

  2017-07-24
• Carbon Capture and Sequestration (CCS) in the United States [July 24, 2017]

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  "Carbon capture and sequestration (or storage)-known as CCS-is a process that involves capturing man-made carbon dioxide (CO2) at its source and storing it to avoid its release to the atmosphere. (CCS is sometimes referred to as CCUS-carbon capture, utilization, and storage.) CCS could reduce the amount of CO2 emitted to the atmosphere from the burning of fossil fuels at power plants and other large industrial facilities. An integrated CCS system would include three main steps: [1] capturing and separating CO2 from other gases; [2] purifying, compressing, and transporting the captured CO2 to the sequestration site; and [3] injecting the CO2 in underground geological reservoirs (the process is explained more fully below in 'CCS Primer'). The U.S. Department of Energy (DOE) has long supported research and development (R&D) on CCS within its Fossil Energy Research and Development portfolio (FER&D); however, the Trump Administration proposed to cut FER&D funding substantially in its FY2018 budget request. The Trump Administration's proposal differs from the policy trends of the previous two Administrations, which supported R&D on CCS and emphasized the development of large-scale demonstration projects-nearly first-of-their-kind ventures using technologies developed at a pilot or smaller scale that have been ramped up to commercial scale-to evaluate how CCS might be deployed commercially. The Trump Administration's proposal to curtail funding for CCS, coupled with the successful launch of one large CCS plant in January 2017 (the Petra Nova plant in Texas) and the suspension of another in June 2017 (the Kemper County Energy Facility in Mississippi), has contributed to uncertainty about the future of CCS. This report provides a summary and analysis of the current state of CCS in the United States."

  Library of Congress. Congressional Research Service

  Folger, Peter (Peter Franklin)

  2017-07-24
• Afghanistan: Post-Taliban Governance, Security, and U.S. Policy [July 24, 2017]

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  "The United States, partner countries, and the Afghan government are attempting to reverse recent gains made by the resilient Taliban-led insurgency since the December 2014 transition to a smaller international mission consisting primarily of training and advising the Afghanistan National Defense and Security Forces (ANDSF). The Afghan government has come under increasing domestic criticism not only for failing to prevent insurgent gains but also for its internal divisions that have spurred the establishment of new political opposition coalitions. In September 2014, the United States brokered a compromise to address a dispute over the 2014 presidential election, but a September 2016 deadline was not met for enacting election reforms and deciding whether to elevate the Chief Executive Officer (CEO) position to a prime ministership. The Afghan government has made some measurable progress in reducing corruption and implementing its budgetary and other commitments. It has adopted measures that would enable it to proceed with new parliamentary elections, but no election date has been set."

  Library of Congress. Congressional Research Service

  Katzman, Kenneth; Thomas, Clayton

  2017-07-24
• Comparison of the American Health Care Act (AHCA) and the Better Care Reconciliation Act (BCRA) [July 23, 2017]

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  "Per the reconciliation instructions in the budget resolution for FY2017 (S.Con.Res. 3), the House passed its reconciliation bill, H.R. 1628-the American Health Care Act (AHCA)-with amendments on May 4, 2017. The House bill was received in the Senate on June 7, 2017, and the next day the Senate majority leader had it placed on the calendar, making it available for floor consideration. The Senate Budget Committee published on its website a 'discussion draft' titled, 'The Better Care Reconciliation Act of 2017' (BCRA) on June 22, subsequently updated the discussion draft on June 26, again on July 13, and again on July 20. The Senate's draft legislation is written in the form of an amendment in the nature of a substitute, meaning that it is intended to be considered by the Senate as an amendment to H.R. 1628, as passed by the House, but that all of the House-passed language would be stricken and the language of the BCRA would be inserted in its place."

  Library of Congress. Congressional Research Service

  Mach, Annie L.

  2017-07-23
• Reform of U.S. International Taxation: Alternatives [July 21, 2017]

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  "The increasingly global scope of U.S. business has a variety of dimensions. In trade, the overall level of exports plus imports has risen steadily and substantially in recent decades, increasing from 16% of U.S. gross domestic product (GDP) in 1976 to 29% of GDP in 2016. Cross-border investment is growing even more dramatically. In 1976, the ratio of U.S. private assets abroad to GDP was 0.20; by year-end 2016 the ratio was 1.42."

  Library of Congress. Congressional Research Service

  Gravelle, Jane

  2017-07-21
• Farm Bill Programs Without a Budget Baseline Beyond FY2018 [July 21, 2017]

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  "The 2014 farm bill (the Agricultural Act of 2014, P.L. 113-79) provided mandatory funding for many programs. Some of these programs have a budget baseline beyond the end of the farm bill in FY2018, while others do not. The Congressional Budget Office (CBO) baseline is a projection at a particular point in time of what future federal spending on mandatory programs would be under current law. This baseline is the benchmark against which proposed changes in law are measured. This report identifies mandatory programs in the 2014 farm bill that lack a budget baseline and explains the significance of this for enacting a successor to the current farm bill."

  Library of Congress. Congressional Research Service

  Monke, Jim

  2017-07-21
• The Peace Corps: Current Issues [July 20, 2017]

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  "Generally viewed positively by the public and widely supported in Congress, the Peace Corps is the U.S. agency that provides volunteer skills internationally. In 2017, the 115th Congress may consider the President's FY2018 funding request for the Peace Corps, changes to the Peace Corps authorization legislation, and related issues. This report will be updated as events warrant."

  Library of Congress. Congressional Research Service

  Tarnoff, Curt

  2017-07-20
• Foreign Affairs Overseas Contingency Operations (OCO) Funding: Background and Current Status [July 19, 2017]

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  "The 115th Congress will likely debate Overseas Contingency Operations (OCO) funding levels in the context of the FY2018 foreign affairs and defense budgets. A key feature of OCO funds is their potential role in avoiding sequestration if defense appropriations breach discretionary spending limits established by the Budget Control Act of 2011 (P.L. 112-25, BCA). Funds that are designated as emergency or OCO are effectively exempt from the spending limits. Some Members have suggested that this exemption provides agencies with additional budget cushioning and flexibility, allowing overall defense and nondefense funding to exceed the spending caps."

  Library of Congress. Congressional Research Service

  Epstein, Susan B.

  2017-07-19
• FY2018 Appropriations for Department of Justice Grant Programs [July 18, 2017]

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  "Each year, Congress provides funding for a variety of grant programs through the Department of Justice (DOJ). These programs are used to fund state, local, and tribal governments and nonprofit organizations for a variety of criminal justice-related purposes, such as efforts to combat violence against women, reduce backlogs of DNA evidence, support community policing, assist crime victims, promote prisoner reentry, and improve the functioning of the juvenile justice system. Congress funds these programs through five accounts in the annual Commerce, Justice, Science, and Related Agencies (CJS) appropriations act: Violence Against Women Programs; Research, Evaluation, and Statistics; State and Local Law Enforcement Assistance; Juvenile Justice Programs; and Community Oriented Policing Services."

  Library of Congress. Congressional Research Service

  James, Nathan

  2017-07-18
• Federal Disaster Assistance Response and Recovery Programs: Brief Summaries [July 18, 2017]

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  "Federal agencies provide a range of assistance to individual survivors; state, territorial, and local governments; and nongovernmental entities after major disasters, including natural disasters and terrorist attacks. Types of aid can include, but are not limited to, operational, logistical, and technical support; financial assistance through grants, loans, and loan guarantees; and the provision of federally owned equipment and facilities."

  Library of Congress. Congressional Research Service

  Torsell, Carolyn V.; Nagel, Jared Conrad

  2017-07-18
• Economic Impact of Infrastructure Investment [July 18, 2017]

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  "Infrastructure investment has received renewed interest as of late, with both President Trump and some Members of Congress discussing the benefits of such spending. Infrastructure can be defined in a number of ways depending on the policy discussion; in general, however, the term refers to longer-lived, capital-intensive systems and facilities, such as roads, bridges, and water treatment facilities. Over the past several decades, government investment in infrastructure as a percentage of gross domestic product (GDP) has declined. Annual infrastructure investment by federal, state, and local governments peaked in the late 1930s, at about 4.2% of GDP, and since has fallen to about 1.6% of GDP in 2016. State and local governments consistently spend more on infrastructure directly than the federal government. In 2016, direct federal spending on nondefense infrastructure was less than 0.1% of GDP, whereas state and local spending was about 1.5% of GDP. However, the federal government transfers some funds each year to state and local governments for capital projects, which includes infrastructure projects, equaling about 0.4% of GDP in 2016. The United States also lags many other developed countries with respect to annual infrastructure spending. Spending on infrastructure, as a percentage of GDP, is higher in all G7 countries, except for Italy and Germany, than in the United States."

  Library of Congress. Congressional Research Service

  Stupak, Jeffrey M.

  2017-07-18
• The Proposed EU-Japan FTA and Implications for U.S. Trade Policy [July 14, 2017]

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  "On July 6, 2017, ahead of the G-20 annual summit, the European Union (EU) and Japan announced reaching an agreement 'in principle' on a bilateral free trade agreement (FTA), following 18 rounds of negotiations over four years. The EU and Japan aim for entry-into-force (EIF) of the agreement in early 2019. Considerable uncertainty surrounds the agreement, however, as some commitments remain under negotiation and current United Kingdom (UK) negotiations over withdrawal from the EU ('Brexit') further complicate the path forward. (The European Commission negotiates FTAs on behalf of the EU and its member states, under the EU's common external trade policy.)"

  Library of Congress. Congressional Research Service

  Akhtar, Shayerah Ilias; Williams, Brock R.

  2017-07-14
• Pending ACA Legal Challenges Remain as Congress Pursues Health Care Reform [July 13, 2017]

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  "Since its enactment, the Patient Protection and Affordable Care Act (ACA) has been the subject of litigation. Many constitutional challenges to the ACA were put to rest by the Supreme Court's 2012 decision in NFIB v. Sebelius, a major ruling on key provisions of the Act. In 2015, the Court handed down another important decision in King v. Burwell, a lawsuit that had also threatened the operation of core provisions of the Act. But while the ACA survived these fundamental legal challenges, they were by no means the end of the litigation, and lawsuits involving the Act continue to make their way through the courts. As the 115th Congress contemplates or considers legislation to amend the ACA (such as the House-passed American Health Care Act of 2017 (AHCA), H.R. 1628, or the Better Care Reconciliation Act of 2017 (BCRA), a draft legislative amendment to the AHCA published by the Senate Committee on the Budget), and the Trump Administration moves forward with changes to the implementation of the ACA through executive action, questions may be raised about how these efforts could affect litigation concerning ACA-related requirements. While some lawsuits discussed below could be affected by the legislative proposals mentioned above or future executive action, in other cases, these measures could have little direct consequence upon the legal challenges."

  Library of Congress. Congressional Research Service

  2017-07-13