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Police Use of Force: Overview and Considerations for Congress [July 10, 2020]
From the Document: "Recent events have focused congressional attention on the policing practices of federal, state, and local law enforcement officers. One area of particular focus has been police use of force against criminal suspects. Currently, the federal government collects some data on state and local police use of force, but substantive standards on law enforcement use of force in general do not exist in federal statute. Rather, the applicable legal standards for permissible use of force are a function of the Fourth Amendment's prohibition on 'unreasonable … seizures.' Violations of constitutional excessive force standards can be enforced through various federal criminal and civil provisions and are often incorporated into (and in some cases elaborated on by) jurisdiction- or agency-specific use-of-force policies and state statutes. Scholars and commentators have debated for years how meaningful current standards are in cabining law enforcement use of force. Amid recent reform efforts, a legislative proposal passed by the House--the George Floyd Justice in Policing Act of 2020 (Justice in Policing Act)--would make changes to current use-of-force doctrine. A separate proposal in the Senate, the Just and Unifying Solutions to Invigorate Communities Everywhere Act of 2020 (JUSTICE Act), would supplement existing standards in narrower circumstances. This Sidebar provides an overview of Fourth Amendment use-of-force doctrine, briefly surveys some of the standards and variations in current use-of-force policies, and examines how the Justice in Policing Act and the JUSTICE Act would alter police use of force."
Library of Congress. Congressional Research Service
Foster, Michael A. (Legislative attorney)
2020-07-10
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Supreme Court Clarifies Rules for Electoral College: States May Restrict Faithless Electors [July 10, 2020]
From the Document: "On July 6, 2020, the Supreme Court unanimously held that states may punish or replace presidential electors who refuse to cast their ballots for the candidate chosen by the voters of their state. In the case 'Chiafalo v. Washington,' a majority of the Court held that the State of Washington's constitutional authority to appoint electors includes the power to impose a $1,000 fine against electors who violate their pledge to support the candidate chosen in the state's popular vote. In the related case 'Colorado Department of State v. Baca,' the Court upheld on the same grounds Colorado's policy of replacing electors who attempt to cast a ballot for a person who did not win the state's popular vote. This Legal Sidebar explains the Court's decisions and reviews their broader implications."
Library of Congress. Congressional Research Service
Shelly, Jacob D.
2020-07-10
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SBA EIDL and Emergency EIDL Grants: Data by State [Updated July 10, 2020]
From the Document: "Congress made COVID-19 [coronavirus disease 2019]-related economy injury an eligible expense for the Small Business Administration's (SBA) Economic Injury Disaster Loans (EIDL) in the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (P.L. 116-123). It also expanded EIDL eligibility for certain businesses and organizations, and it established an Emergency EIDL Grant program as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136). COVID-19-related EIDL and Emergency EIDL grants are available to all 50 states, U.S. territories, and Washington, DC. This Insight provides [1] a general overview of SBA EIDL (including eligibility) and the Emergency EIDL Grant program; [2] SBA EIDL data by the number and amount of loans approved by state; and [3] Emergency EIDL Grant program (also referred to as EIDL advance) data by the number and amount of grants approved by state."
Library of Congress. Congressional Research Service
Lindsay, Bruce R.; Mullins, Maura
2020-07-10
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Trump v. Mazars: Implications for Congressional Oversight [July 10, 2020]
From the Document: "On July 9, 2020, the Supreme Court issued a pair of decisions concerning subpoenas seeking access to the President's personal financial records, including tax returns. In 'Trump v. Vance,' the Court ruled that the President is not categorically 'immune from state criminal subpoenas seeking his private papers.' Nor does a 'heightened showing of need' have to be made before a state grand jury subpoena can be issued for a sitting President's personal records. Thus, the President, though able to present some defenses that are unique to his office, is otherwise treated much like 'every man' when called upon to produce evidence in a criminal proceeding. Not entirely so, however, in a congressional investigation. In 'Trump v. Mazars,' the Supreme Court vacated appellate court opinions directing compliance with congressional subpoenas for the President's personal financial records, holding that those courts had not sufficiently considered the 'weighty' separation of powers concerns specifically implicated by congressional subpoenas 'directed at the President's personal information.' The 7-2 decision clarified that, as in 'Vance,' the President is not entirely immune from congressional process, but nevertheless laid out four 'special considerations' that must inform an appropriately 'balanced' and 'careful analysis' that is triggered when Congress seeks the President's personal records. The Court then remanded, directing the lower courts to apply those considerations, and possibly others, to the specific subpoenas. Although giving guidance, the 'Mazars' Court left the question of whether the President must comply with the congressional subpoenas for another day."
Library of Congress. Congressional Research Service
Garvey, Todd
2020-07-10
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Army's Armored Multi-Purpose Vehicle (AMPV): Background and Issues for Congress [Updated July 10, 2020]
From the Summary: "The Armored Multi-Purpose Vehicle (AMPV) is the Army's replacement for the Vietnam-era M113 personnel carriers, which are still in service in a variety of support capacities in Armored Brigade Combat Teams (ABCTs). While M-113s no longer serve as infantry fighting vehicles, five variants of the M-113 are used as command and control vehicles, general purpose vehicles, mortar carriers, and medical treatment and evacuation vehicles."
Library of Congress. Congressional Research Service
Feickert, Andrew
2020-07-10
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Motor Vehicle Safety: Issues for Congress [Updated July 10, 2020]
From the Summary: "Vehicle safety is a significant issue as Congress considers a replacement for the current authorization of surface transportation programs, the Fixing America's Surface Transportation Act (FAST Act; P.L. 114-94), which expires at the end of FY2020. On July 1, 2020, the House of Representatives passed an infrastructure and surface transportation bill, the Moving Forward Act (H.R. 2), including provisions that seek to improve motor vehicle safety. A corresponding bill has not advanced in the Senate. Responsibility for motor vehicle safety lies with the National Highway Traffic Safety Administration (NHTSA) within the U.S. Department of Transportation (DOT). The agency's performance has been controversial, in part because of its handling of the largest-ever recall, involving more than 63 million Takata airbags; since the recall was ordered in 2015, nearly 16 million potentially defective airbags have not been replaced. NHTSA has been without a Senate-confirmed administrator since 2017."
Library of Congress. Congressional Research Service
Canis, Bill
2020-07-10
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International Emergency Economic Powers Act: Key Facts [Updated July 10, 2020] [infographic]
From the Document: "[1] In the 1970s, Congress enacted the National Emergencies Act (NEA) and IEEPA [International Emergency Economic Powers Act] to replace previous emergency authorities and place new limits on presidential emergency power. [2] Since the enactment of the NEA and IEEPA, Presidents have declared 67 national emergencies. [3] Since 1995, 40 national emergencies citing IEEPA have been declared, 9 have ended. [4] Presidents have declared national emergencies invoking IEEPA with respect to 35 countries as part of the U.S. sanctions regime. [5] IEEPA was used to continue enforcement of the Export Administration Act (EAA) upon its expiration 6 times for a total of 27 years. IEEPA authority is still used to continue certain export controls related to WMD [weapons of mass destruction]."
Library of Congress. Congressional Research Service
Casey, Christopher A.
2020-07-10
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Fact Sheet for Healthcare Providers: Emergency Use of GammaCore Sapphire CV During the COVID-19 Pandemic
From the Document: "This Fact Sheet informs you of the significant known and potential risks and benefits of the emergency use of the gammaCore Sapphire CV during the Coronavirus Disease 2019 (COVID-19) pandemic. Early reports of COVID-19 infections demonstrate a high level of aggressive, prolonged inflammation in the airways which may result in significant worsening of asthma-related symptoms in the large adult asthmatic population. The gammaCore Sapphire CV is intended for acute use at home or in healthcare settings to treat adult patients with known or suspected COVID-19 who are experiencing exacerbation of asthma-related dyspnea and reduced airflow, and for whom approved drug therapies are not tolerated or provide insufficient symptom relief as assessed by their healthcare provider, using noninvasive vagus nerve stimulation (VNS) on either side of the patient's neck during the (COVID-19) pandemic."
United States. Food and Drug Administration
2020-07-10
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Immigration: 'Recalcitrant' Countries and the Use of Visa Sanctions to Encourage Cooperation with Alien Removals [Updated July 10, 2020]
From the Document: "The ability to repatriate foreign nationals (aliens) who violate U.S. immigration law is central to the immigration enforcement system. The Immigration and Nationality Act (INA) provides broad authority to the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to remove certain foreign nationals from the United States."
Library of Congress. Congressional Research Service
Wilson, Jill, 1974-
2020-07-10
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Spread of Coronavirus and Racial Disparities
From the Document: "As the coronavirus began to spread through the United States, it became clear that the pandemic was taking a particularly hard toll on communities of color, both medically and financially. There are numerous reasons for this disparate impact, and it's worth surveying some of the data around it. A better understanding of the coronavirus's impact can help guide effective policymaking going forward. As detailed here, the virus and economic fallout were simultaneously highlighting and exacerbating existing disparities. Two studies have recently identified the use of public transportation as a primary culprit of the increased rates of infections: Many essential workers, unable to work from home, are minorities and more likely to rely on public transit to get to work. The combination of being at work and riding public transportation significantly increases the risk of exposure to the virus."
American Action Forum
O'Neill Hayes, Tara
2020-07-10
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WHO Mass Gathering COVID-19 Risk Assessment Tool -- Generic Events
From the Document: "The content of this Risk Assessment tool has been updated to reflect new WHO [World Health Organization] guidance and new evidence on both COVID-19 [coronavirus disease 2019] and mass gatherings, as well as feedback from end-users. Additional improvements have been made to the way the information is organized and presented: the Decision Tree is now built into the tool and a new tab dedicated to Risk Communication has been added. The expanded tool now includes six tabs: 1. Instructions; 2. Decision Tree; 3. Risk Evaluation; 4. Risk Mitigation; 5. Decision Matrix; 6. Risk Communication."
World Health Organization
2020-07-10
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WHO Mass Gathering COVID-19 Risk Assessment Tool -- Religious Events
From the Document: "Routine planning for mass gatherings includes conducting risk assessments to determine the overall risk of disease spread connected to a mass gathering. In view of the current outbreak of COVID-19 [coronavirus disease 2019], the World Health Organization (WHO) has developed this risk assessment tool for religious events. The assessment include a risk evaluation, risk mitigation, and risk communication strategy developed for use by host countries and organizers of mass gathering to assess the specific risk of COVID-19."
World Health Organization
2020-07-10
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WHO Mass Gathering COVID-19 Risk Assessment Tool -- Sports Events
From the Document: "The content of this Risk Assessment tool has been updated to reflect new WHO [World Health Organization] guidance and new evidence on both COVID-19 [coronavirus disease 2019] and mass gatherings, as well as feedback from end-users. Additional improvements have been made to the way the information is organized and presented: the Decision Tree is now built into the tool and a new tab dedicated to Risk Communication has been added. The expanded tool now includes six tabs: 1. Instructions; 2. Decision Tree; 3. Risk Evaluation; 4. Risk Mitigation; 5. Decision Matrix; 6. Risk Communication."
World Health Organization
2020-07-10
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Fact Sheet for Healthcare Providers: Beijing Wantai Biological Pharmacy Enterprise Co., Ltd. WANTAI SARS-CoV-2 Ab Rapid Test
From the Document: "This Fact Sheet informs you of the significant known and potential risks and benefits of the emergency use of the WANTAI SARS-CoV-2 Ab [severe acute respiratory syndrome coronavirus 2 antibody] Rapid Test. The WANTAI SARS-CoV-2 Ab Rapid Test is authorized for the detection of total antibodies to SARS-CoV-2 in human serum, plasma (EDTA [ethylenediaminetetraacetic acid], lithium heparin, and sodium citrate) and venous whole blood."
United States. Food and Drug Administration
2020-07-10
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Hearing: Pandemic Response: Confronting the Unequal Impacts of COVID-19 [video]
This is the July 10, 2020 virtual hearing "Pandemic Response: Confronting the Unequal Impacts of COVID-19 [coronavirus disease 2019]" held before the House Committee on Homeland Security. The duration of the video is 1 hour 24 minutes and 45 seconds.
United States. Congress. House. Committee on Homeland Security
2020-07-10
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Covid-19, Conflict, and Governance Evidence Summary No.8
From the Document: "This weekly Covid-19 [coronavirus disease 2019], Conflict, and Governance Evidence Summary aims to signpost DFID [Department for International Development] and other UK government departments to the latest evidence and opinions on Covid-19 (C19) to inform and support their responses. This week, features resources on: a C19 conflict sensitivity tool; a database on ceasefire updates; C19 lessons from the 14th century Black Plague; and perceptions about European cooperation related to C19."
Institute of Development Studies (Brighton, England). Knowledge, Evidence and Learning for Development Helpdesk
Herbert, Siân
2020-07-10
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Executive Order 13935: White House Hispanic Prosperity Initiative
From the Purpose: "The success of Hispanic Americans is integral to the economic future of our country. As more than 60 million Hispanics live in the United States today, Hispanics are the largest minority group in the country. Hispanics are also the Nation's youngest major racial or ethnic group. Generations of Hispanics constituting different backgrounds and cultures have contributed to building a strong and prosperous America. Their collective contributions continue a legacy of inspiration that is a cherished part of the American experience."
United States. Office of the Federal Register
Trump, Donald, 1946-
2020-07-09
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Child Welfare: Various HHS Offices Provided Input on Decision to Grant Exception from Religious Nondiscrimination Requirement
From the Document: "In fiscal year 2017, over 440,000 children were in the foster care system in the United States. Most of these children--77 percent--were in foster family homes. Over the last few years, the number of children entering the child welfare system has generally increased even as many states have struggled to recruit foster families. To help cover the costs of operating foster care programs, including costs associated with foster family recruitment, state child welfare agencies receive federal funding from the Department of Health and Human Services (HHS) under title IV-E of the Social Security Act. The state agencies may, in turn, contract with private child welfare agencies, in some instances faith-based organizations, to help carry out their foster care programs. States participating in title IV-E are required to ensure that their programs comply with various program-specific requirements established by the statute and regulations. In addition, as recipients of HHS funding, these state and private child welfare agencies are also required to comply with HHS's uniform administrative grant requirements. HHS may authorize certain exceptions from its administrative grant requirements on a case-by-case basis. [...] You asked us to review HHS's use of regulatory exceptions from nondiscrimination requirements that apply to federally-funded foster care programs. This report describes HHS's process for reviewing and approving requests for exceptions from its administrative grant requirements, including nondiscrimination requirements."
United States. Government Accountability Office
2020-07-09
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Tribal Energy Resource Agreements (TERAs): Approval Process and Selected Issues for Congress [July 9, 2020]
From the Document: "Congress provided federally recognized Indian tribes the option to enter into a Tribal Energy Resource Agreement (TERA) with the federal government in the Indian Tribal Energy Development and Self-Determination Act of 2005 (ITEDSA 2005; P.L. 109-58, Title V). TERAs offer tribes increased administrative and regulatory control over Indian energy projects. If the Secretary of the Interior (Secretary) approves a TERA, a tribe can enter into leases and business agreements for the purpose of energy resource development on tribal land or grant rights-of-way over tribal lands for pipelines or for electricity transmission or distribution lines, without requiring the Secretary's review and approval for each lease, business agreement, or right-of-way."
Library of Congress. Congressional Research Service
Fitzpatrick, Tana
2020-07-09
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VH-92 Presidential Helicopter [July 9, 2020]
From the Document: "The Marine Corps operates a fleet of helicopters to provide transportation for the President, Vice President, and other senior officials. These aircraft are known as 'Marine One' when the President is aboard. The VH-92 program is intended to provide 23 new helicopters to replace the current fleet of aging VH-3D and VH-60N presidential helicopters."
Library of Congress. Congressional Research Service
Gertler, Jeremiah
2020-07-09
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When One Door Closes, Another One Opens: Supreme Court Ruling Restricts Challenges to CERCLA Cleanup but Could Expand State Law Claims [July 9, 2020]
From the Document: "The Comprehensive Environmental Response, Compensation, and Liability Act, also known as CERCLA or Superfund, places limits on how parties may challenge the scope of a plan to remediate hazardous waste contamination. On April 20, 2020, the Supreme Court ruled in 'Atlantic Richfield v. Christian' that owners of property located within a Superfund site may not pursue restoration of their property in a manner that conflicts with a plan approved by the U.S. Environmental Protection Agency (EPA) without EPA's approval. The 'Atlantic Richfield' decision also addressed complicated questions regarding the jurisdiction of federal and state courts, holding that litigants can, subject to certain limitations, assert state-law claims that challenge an EPA-approved CERCLA cleanup plan in state courts. This Sidebar explains CERCLA's framework for developing and seeking review of cleanup plans, discusses the Atlantic Richfield decision, and considers the implications of the decision. As discussed below, the majority's decision may result in an increase in state-court litigation regarding Superfund sites, particularly in the early stages of the cleanup planning process. It may also complicate the settlement negotiation process for EPA and parties that are liable for response costs at Superfund sites."
Library of Congress. Congressional Research Service
Bowers, Kate R.
2020-07-09
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COVID-19: Digital Contact Tracing and Privacy Law [July 9, 2020]
From the Document: "Many states, territories, and localities have implemented public health orders to limit the spread of Coronavirus Disease 2019 (COVID-19) in their respective communities, including stay-at-home orders, orders temporarily closing schools and businesses, and orders limiting the size of public gatherings. In preparation for the eventual relaxation and lifting of these orders, the Centers for Disease Control and Prevention (CDC) have advocated that public health authorities use robust 'contact tracing' procedures to prevent the reoccurrence of widespread infections after communities reopen. While federal entities may advise on these procedures, state and local authorities are responsible for contact tracing operations, as provided by state law."
Library of Congress. Congressional Research Service
Holmes, Eric N.; Linebaugh, Chris D.
2020-07-09
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UPDATE: 'Our Lady of Guadalupe' and the Ministerial Exception to Antidiscrimination Laws [Updated July 9, 2020]
From the Document: "'The Supreme Court issued its opinion in Our Lady of Guadalupe on July 8, 2020, reversing the Ninth Circuit decisions and ruling that the First Amendment barred courts from hearing the teachers' employment discrimination claims. Justice Alito, writing the majority opinion, stated that a 'variety of factors' could determine whether a religious organization's employment decisions are constitutionally protected with respect to any given employee, clarifying that the specific factors noted in Hosanna-Tabor were not 'inflexible requirements' or 'checklist items to be assessed. . . in every case.' Although the teachers in the combined cases before the Court did not have the job title of 'minister,' the Court concluded that they nonetheless 'performed vital religious duties' at the schools where they taught. In the Court's view, 'educating young people in their faith, inculcating its teachings, and training them to live their faith are responsibilities that lie at the very core of the mission of a private religious school.' Accordingly, the Court said, intervening in such a dispute would 'threaten[] the school's independence in a way that the First Amendment does not allow.' Justice Sotomayor dissented, joined by Justice Ginsburg. She emphasized that 'the teachers taught primarily secular subjects, lacked substantial religious titles and training, and were not even required to be Catholic.' In addition to the teachers' functions, the dissent's analysis continued to focus on the other 'objective and easily discernable' factors highlighted in' Hosanna-Tabor."
Library of Congress. Congressional Research Service
Brannon, Valerie C.
2020-07-09
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Publicly-Traded Firms and COVID-19-Related Disclosures [July 9, 2020]
From the Document: "To restore confidence in the securities markets in the wake of the stock market crash of 1929, Congress passed the Securities Act of 1933 (Securities Act; P.L. 73-22) and the Securities Exchange Act of 1934 (Exchange Act; P.L. 73-291). The Exchange Act created the Securities and Exchange Commission (SEC), a key regulator of various facets of securities markets. The acts generally require companies that issue securities to the general public to publicly disclose data deemed material for investors on both the securities and the issuing firms. Financial disclosures are done quarterly, annually, and on an ad hoc basis for certain developments. Firms also can make certain legally protected, forward-looking predictive comments. The Coronavirus Disease 2019 (COVID-19) pandemic is materially impacting many public firms. In response, the SEC has issued multiple staff guidance regarding possible company disclosures relating to the pandemic's impact. Americans for Financial Reform (AFR), a coalition of groups including the AFL-CIO [American Federation of Labor and Congress of Industrial Organizations] and Public Citizen, has advocated for disclosure requirements, not merely guidelines."
Library of Congress. Congressional Research Service
Shorter, Gary W.
2020-07-09
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Fact Sheet for Healthcare Providers: Real-Q 2019-nCoV Detection Kit- BioSewoom, Inc.
From the Document: "This Fact Sheet informs you of the significant known and potential risks and benefits of the emergency use of the Real-Q 2019-nCoV [novel coronavirus] Detection Kit. The Real-Q 2019-nCoV Detection Kit is authorized for use with respiratory specimens collected from individuals suspected of COVID-19 by their healthcare provider."
United States. Food and Drug Administration
2020-07-09
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Socioeconomic Bias in Influenza Surveillance
From the Abstract: "Individuals in low socioeconomic brackets are considered at-risk for developing influenza-related complications and often exhibit higher than average influenza-related hospitalization rates. This disparity has been attributed to various factors, including restricted access to preventative and therapeutic health care, limited sick leave, and household structure. Adequate influenza surveillance in these at-risk populations is a critical precursor to accurate risk assessments and effective intervention. However, the United States of America's primary national influenza surveillance system (ILINet) monitors outpatient healthcare providers, which may be largely inaccessible to lower socioeconomic populations. Recent initiatives to incorporate Internet-source and hospital electronic medical records data into surveillance systems seek to improve the timeliness, coverage, and accuracy of outbreak detection and situational awareness. Here, we use a flexible statistical framework for integrating multiple surveillance data sources to evaluate the adequacy of traditional (ILINet) and next generation (BioSense 2.0 and Google Flu Trends) data for situational awareness of influenza across poverty levels. We find that ZIP Codes in the highest poverty quartile are a critical vulnerability for ILINet that the integration of next generation data fails to ameliorate."
PLOS Computational Biology
Scarpino, Samuel V.; Scott, James G.; Eggo, Rosalind M. . . .
2020-07-09
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COVID-19 Testing for First Responders
From the Purpose: "This document provides a brief overview of COVID-19 [coronavirus disease 2019] testing to inform decision-making for first responders including emergency medical service (EMS), Fire & Rescue, Law Enforcement and 911 telecommunicators."
United States. National Highway Traffic Safety Administration. Office of Emergency Medical Services; Healthcare Resilience Task Force
2020-07-09
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'California's Emergency Plans for Wildfire Season in a COVID-19 Environment' [presentation]
From the Overview: "This presentation will focus on California's plans to navigate the 2020 wildfire season in the midst of the COVID-19 [coronavirus disease 2019] pandemic environment. Specifically, today's presentation will address California's efforts regarding: [1] Integrated emergency communication; [2] Integrated transportation/evacuation; and [3] Integrated emergency sheltering operations[.]"
Pacific ADA Center; California. Governor's Office of Emergency Services
2020-07-09
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COVID-19 Pandemic Guidance for Foster Care Group Care Facilities
From the Document: "The Washington State Department of Health has developed the following guidance to assist foster care group care facilities without onsite medical care in response to the COVID-19 [coronavirus disease 2019] pandemic. Your local public health agency is your primary source of support when planning for and responding to a COVID-19 incident in a group care facility."
Washington (State). Department of Health
2020-07-09
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Failed Reopenings Highlight Urgent Need to Build on Federal Fiscal Support for Households and States
From the Document: "This paper, divided in to five sections, reaches the following conclusions: Legislation responding to the pandemic has softened the recession's blow to low- and moderate-income households and the economy, research shows.[...] Yet many households are suffering hardship, highlighting the shortcomings in measures enacted to date and the need to do more rather than to retrench prematurely. [...] Efforts to reopen states before the virus is under control have proven dangerous and ineffective. [...] An inadequate federal response would hinder efforts to control the pandemic and hurt households and the economy. [...] Strong fiscal stimulus thus is urgently needed. Federal policymakers should enact further, strong stimulus measures, including income supports for struggling individuals and families and robust fiscal relief for states, as well as stronger public health measures to contain the spread of the virus."
Center on Budget and Policy Priorities (Washington, D.C.)
Huang, Chye-Ching; Marr, Chuck
2020-07-09
