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Defense Primer: DOD Transfer and Reprogramming Authorities [Updated January 22, 2021]
From the Document: "In provisions of the 'U.S. Code' and typically on an annual basis through authorization and appropriations acts, Congress provides the Department of Defense (DOD) limited authority to obligate funds for purposes other than originally approved. These authorities allow the department to 'transfer' or 'reprogram' funds. A transfer involves shifting funds from one appropriations account to another, while a reprogramming involves shifting funds within the same account. DOD uses the term 'reprogramming action' to describe both types of transactions."
Library of Congress. Congressional Research Service
McGarry, Brendan W.
2021-01-22
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China's 'One Belt, One Road' Initiative: Economic Issues [January 22, 2021]
From the Document: "President Xi Jinping of the People's Republic of China (PRC or China) in 2013 launched an ambitious and multifaceted foreign economic policy initiative--'One Belt, One Road'--to expand China's global economic reach and influence. In 2015, Beijing changed the English name to the 'Belt and Road Initiative (BRI)', possibly to deflect from its focus on developing China-centered and controlled global ties in a hub and spoke format. In October 2020, the Communist Party of China's Central Committee reaffirmed the effort's central role in national economic development and securing China's supply chains. A January 2021 White Paper, 'International Development Cooperation in the New Era', issued by China's cabinet, highlights the initiative's role as a platform for China's global commercial activity."
Library of Congress. Congressional Research Service
Sutter, Karen M.; Schwarzenberg, Andres B.; Sutherland, Michael D.
2021-01-22
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Reinstatement of Removal: An Introduction [January 22, 2021]
From the Document: "The Immigration and Nationality Act (INA) establishes removal processes for different categories of non-U.S. nationals (aliens) who do not meet requirements governing their entry or continued presence in the United States. Most removable aliens found in the interior of the country are subject to 'formal' removal proceedings under INA § 240. Aliens in these proceedings have certain procedural guarantees including the right to appear at a hearing before an immigration judge (IJ), to pursue relief from removal, and to appeal an adverse decision. But the INA sets forth a streamlined 'reinstatement of removal' process for certain aliens who unlawfully reenter the United States after being removed--a process that accounts for a considerable number of the removals of aliens found in the interior of the United States. This In Focus provides a brief introduction to the reinstatement of removal framework."
Library of Congress. Congressional Research Service
Smith, Hillel R.
2021-01-22
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Venezuela: Overview of U.S. Sanctions [Updated January 22, 2021]
From the Document: "For over 15 years, the United States has imposed sanctions in response to activities of the Venezuelan government and Venezuelan individuals. The earliest sanctions imposed related to Venezuela's lack of cooperation on antidrug and counterterrorism efforts. The Obama Administration imposed targeted sanctions against individuals for human rights abuses, corruption, and antidemocratic actions. The Trump Administration significantly expanded economic sanctions in response to the increasing authoritarianism of President Nicolás Maduro (in power since 2013). In January 2019, the United States recognized Juan Guaidó, president of the democratically elected, opposition-led National Assembly, as interim president. The Trump Administration then imposed sanctions on Venezuela's state oil company (Petróleos de Venezuela, S.A., or PdVSA), central bank, and government to pressure Maduro to leave power. As of January 22, 2021, the Treasury Department had imposed sanctions on roughly 166 Venezuelan or Venezuelan-connected individuals and the State Department had revoked the visas of more than 1,000 individuals and their families. Despite these and other measures, Maduro remains firmly in power, and his party now controls a de facto National Assembly seated on January 5, 2021. Some analysts have urged the incoming Biden Administration to maintain all sanctions to pressure Maduro into negotiations with the opposition. Others have suggested the removal of broad sanctions that have hurt the Venezuelan people without hastening Maduro's departure; they urge a renewed focus on targeted sanctions implemented in coordination with U.S. allies."
Library of Congress. Congressional Research Service
Seelke, Clare Ribando
2021-01-22
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Congressional Commissions: Overview and Considerations for Congress [Updated January 22, 2021]
From the Summary: "Congressional advisory commissions are formal groups established to provide independent advice; to make recommendations for changes in public policy; to study or investigate a particular problem, issue, or event; or to commemorate an individual, group, or event. While no legal definition exists for what constitutes a 'congressional commission', in this report a congressional commission is defined as a multimember independent entity that (1) is established by Congress, (2) exists temporarily, (3) serves in an advisory capacity, (4) is appointed in part or whole by Members of Congress, and (5) reports to Congress. These five characteristics differentiate a congressional commission from a presidential commission, an executive branch commission, or other bodies with 'commission' in their names. Over 150 congressional commissions have been established since 1989. [...] This report provides an overview and analysis of congressional advisory commissions, information on the general statutory structure of a congressional commission, and a catalog of congressional commissions created since the 101st Congress."
Library of Congress. Congressional Research Service
Straus, Jacob R.
2021-01-22
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European Union: Questions and Answers [Updated January 22, 2021]
From the Summary: "The European Union (EU) is a political and economic partnership that represents a unique form of cooperation among sovereign countries. The EU is the latest stage in a process of integration begun after World War II, initially by six Western European countries, to foster interdependence and make another war in Europe unthinkable. The EU currently consists of 27 member states, including most of the countries of Central and Eastern Europe, and has helped to promote peace, stability, and economic prosperity throughout the European continent. [...] This report serves as a primer on the EU. It also discusses U.S.-EU relations that may be of interest to the 117th Congress."
Library of Congress. Congressional Research Service
Archick, Kristin
2021-01-22
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Federal Civil Aviation Programs: In Brief [Updated January 22, 2021]
From the Introduction: "Federal Aviation Administration (FAA) programs are funded under four broad budget accounts: operations and maintenance (such as air traffic control and aviation safety functions); facilities and equipment (such as control towers and navigation beacons); grants for airports under the Airport Improvement Program (AIP); and civil aviation research conducted or sponsored by FAA. Additionally, certain aviation programs are administered by the Department of Transportation (DOT) Office of the Secretary, including the Essential Air Service (EAS) program, which subsidizes airline service to certain small or isolated communities. Civil aviation programs are funded primarily through a special trust fund, the Airport and Airway Trust Fund (AATF), and, in part, through general fund contributions. The FAA Reauthorization Act of 2018 (P.L. 115- 254) authorizes AATF taxes and revenue collections and civil aviation program expenditures through FY2023. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) provided loans, loan guarantees, and payroll support programs, as well as emergency program funding, to help the aviation sector during the Coronavirus Disease 2019 (COVID-19) pandemic. Additional funding to the aviation sector was provided in the Consolidated Appropriations Act, 2021 (P.L. 116-260). This report offers an overview of FAA programs and also discusses the supplemental relief and assistance provided by the CARES Act and the Consolidated Appropriations Act, 2021."
Library of Congress. Congressional Research Service
Elias, Bartholomew; Tang, Rachel Y.
2021-01-22
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Defense Primer: U.S. Defense Industrial Base [Updated January 22, 2021]
From the Document: "The Department of Defense (DOD) relies on a wide-ranging and complex industrial base for the products and services that enable the Department's warfighting capabilities. Definitions of what this industrial base encompasses vary in scope and emphasis. Some analysts and experts distinguish between a domestic 'defense industrial base' (DIB) and a global DIB. The domestic DIB includes public-sector (government-owned, government-operated) facilities, academic institutions, and private-sector (commercial) companies located in the United States. Congress has taken some interest and action to support and sustain the domestic DIB. [...] The DIB entities that work with the DOD as prime contractors and subcontractors are diverse, ranging in size from small- and medium-sized businesses to some of the world's largest corporations. Together, these entities provide a wide range of products and services to the DOD, encompassing everything from complex platforms unique to the military (e.g., aircraft carriers) and highly specialized services (such as launching military satellites), to all kinds of commercial products (e.g., laptop computers and semiconductors) and routine services (e.g., information technology (IT) support)."
Library of Congress. Congressional Research Service
Peters, Heidi M.
2021-01-22
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Law Enforcement's Response to the January 6th Events at the Capitol [January 22, 2021]
From the Document: "On January 6, 2021, security at the Capitol was breached by people who reportedly sought to prevent Congress from certifying the votes of the Electoral College. Some individuals clashed with law enforcement officers and for several hours occupied parts of the Capitol. At the request of District of Columbia Mayor Muriel Bowser and the U.S. Capitol Police, law enforcement agents from the Department of Justice (DOJ), along with law enforcement officers from the U.S. Park Police, the Metropolitan Police Department (MPD), and law enforcement agencies in Maryland and Virginia, assisted with expelling the occupiers and securing the Capitol. In addition to the damage done to the Capitol, pipe bombs were found near the Democratic and Republican National Committees' offices. A car with 11 explosive devices was found near the Capitol. Some reportedly brought firearms and ammunition onto the Capitol grounds. DOJ is jointly investigating criminal cases stemming from the events at the Capitol with MPD and the Capitol Police. [...] This In Focus describes the jurisdiction and investigatory responsibilities of the law enforcement agencies that responded to the Capitol unrest. It also provides an overview of the authority for federal, state, and local governments in the National Capital Region (defined as the District of Columbia; Montgomery, Prince George's, Arlington, Fairfax, Loudon, and Prince William Counties; and Alexandria) to enter into mutual aid agreements with each other."
Library of Congress. Congressional Research Service
James, Nathan
2021-01-22
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Keystone XL Pipeline: The End of the Road? [Updated January 22, 2021]
From the Document: "On January 20, 2021, President Biden signed an executive order revoking the Presidential Permit for the cross-border segment of the Keystone XL [export limited] Pipeline between Canada and Montana. The order asserts that the pipeline 'disserves the national interest' and that leaving the permit in place 'would not be consistent' with the Administration's 'economic and climate imperatives.' The border crossing had been authorized under a 2019 Presidential Permit issued directly by President Trump, superseding a prior Presidential Permit issued by the U.S. State Department in 2017 under delegated presidential authority. President Biden was able to revoke the permit as the 2019 permit stated that it 'may be terminated, revoked, or amended at any time at the sole discretion of the President.' In anticipation of the president's action, the pipeline's developer, TC Energy (previously named TransCanada) announced that the project would be 'suspended.' Although TC Energy said it would 'review the decision ... and consider its options,' it appears that the Keystone XL Pipeline project will not be completed."
Library of Congress. Congressional Research Service
Parfomak, Paul W.
2021-01-22
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U.S. Army Corps of Engineers: Information on the Navigation and Ecosystem Sustainability Program
From the Document: "The Upper Mississippi River system provides approximately $1 billion in annual benefits to the nation's economy through boating, fishing, and other uses, according to the U.S. Army Corps of Engineers (Corps). The river system also supports irreplaceable habitats and ecosystems-- including more than 2.5 million acres of aquatic, wetland, forest, grassland, and agricultural habitats across the states of Illinois, Iowa, Minnesota, Missouri, and Wisconsin. In 1986, Congress declared its intent to recognize the Upper Mississippi River system as a nationally significant commercial navigation system and a nationally significant ecosystem. The Corps is responsible for operating and maintaining the navigation infrastructure along the Upper Mississippi River system and for managing, restoring, and protecting the surrounding ecosystem. According to the Corps, balancing the navigational importance of the river system with the need to protect the ecosystem is challenging. The Corps operates 37 lock and dam sites and maintains 1,200 miles of 9-foot deep navigation channels along the Upper Mississippi River and the Illinois Waterway, which connects with the Mississippi River and lies within the Upper Mississippi River basin."
United States. Government Accountability Office
2021-01-22
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U.S.-European Relations in the 117th Congress [Updated January 22, 2021]
From the Document: "Since the end of the Second World War, successive U.S. Administrations and many Members of Congress have supported a close U.S. partnership with Europe. Often termed the 'transatlantic relationship', the U.S.-European partnership encompasses the NATO alliance, relations with the European Union (EU), and extensive bilateral political and economic ties. Despite periodic tensions over the past 70 years, U.S. and European policymakers have valued the transatlantic partnership as serving their respective geostrategic and economic interests. The former Trump Administration questioned the tenets of the post-World War II transatlantic security and economic architecture to an unprecedented extent. President Trump's criticisms of NATO, the EU, and key European countries prompted significant concerns in Europe. Trump Administration officials contended the United States remained committed to NATO and close U.S.-European ties, but policy divergences existed on a range of regional and global issues. Managing the spread of Coronavirus Disease 2019 (COVID-19) further strained U.S.-European relations. Many European leaders hope to work with the new Biden Administration to renew and strengthen the transatlantic partnership. The 117th Congress may evaluate current U.S. interests in Europe and prospects for future U.S.-European relations and cooperation. [...] Many Members of Congress appear to favor a strong transatlantic partnership, despite some concerns about European positions on certain foreign policy or trade issues."
Library of Congress. Congressional Research Service
Archick, Kristin
2021-01-22
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National Strategy for the COVID-19 Response and Pandemic Preparedness
From the Executive Summary: "We can and will beat COVID-19 [coronavirus disease 2019]. America deserves a response to the COVID-19 pandemic that is driven by science, data, and public health -- not politics. Through the release of the National Strategy for the COVID-19 Response and Pandemic Preparedness, the United States is initiating a coordinated pandemic response that not only improves the effectiveness of our fight against COVID-19, but also helps restore trust, accountability and a sense of common purpose in our response to the pandemic. [...] The National Strategy provides a roadmap to guide America out of the worst public health crisis in a century. It outlines an actionable plan across the federal government to address the COVID-19 pandemic[.]"
United States. White House Office
2021-01-21
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EMR-ISAC: InfoGram, Volume 21 Issue 3, January 21, 2020
The Emergency Management and Response Information Sharing and Analysis Center's (EMR-ISAC) InfoGram is a weekly publication of information concerning the protection of critical infrastructures relevant to members of the Emergency Services Sector. This issue includes the following articles: "FEMA Assistance to Firefighters grant application periods now open"; "FEMA strengthens relationships with law enforcement community"; "By-the-book response to large chemical plant explosion highlights importance of training on your emergency plans"; "Training Opportunity: EMI [Emergency Management Institute] Cybersecurity Virtual Tabletop Exercise openings in February 2021"; "Raindrop is fourth malware linked to SolarWinds attack"; "Malwarebytes targeted by SolarWinds hackers"; "Most Financial Services Have Suffered COVID [coronavirus disease]-Linked Cyber-Attacks"; and "NSA [National Security Agency] Releases Guidance on Encrypted DNS [Domain Name System] in Enterprise Environments."
Emergency Management and Response-Information Sharing and Analysis Center (U.S.)
2021-01-21
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Executive Order 14000: Supporting the Reopening and Continuing Operation of Schools and Early Childhood Education Providers
From the Document: "Every student in America deserves a high-quality education in a safe environment. This promise, which was already out of reach for too many, has been further threatened by the COVID-19 [coronavirus disease 2019] pandemic. School and higher education administrators, educators, faculty, child care providers, custodians and other staff, and families have gone above and beyond to support children's and students' learning and meet their needs during this crisis. Students and teachers alike have found new ways to teach and learn. Many child care providers continue to provide care and learning opportunities to children in homes and centers across the country. However, leadership and support from the Federal Government is needed. Two principles should guide the Federal Government's response to the COVID-19 crisis with respect to schools, child care providers, Head Start programs, and higher education institutions. First, the health and safety of children, students, educators, families, and communities is paramount. Second, every student in the United States should have the opportunity to receive a high-quality education, during and beyond the pandemic."
United States. Office of the Federal Register
Biden, Joseph R., Jr.
2021-01-21
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Executive Order 13999: Protecting Worker Health and Safety
From the Document: "Ensuring the health and safety of workers is a national priority and a moral imperative. Healthcare workers and other essential workers, many of whom are people of color and immigrants, have put their lives on the line during the coronavirus disease 2019 (COVID-19) pandemic. It is the policy of my Administration to protect the health and safety of workers from COVID-19. The Federal Government must take swift action to reduce the risk that workers may contract COVID-19 in the workplace. That will require issuing science-based guidance to help keep workers safe from COVID-19 exposure, including with respect to mask-wearing; partnering with State and local governments to better protect public employees; enforcing worker health and safety requirements; and pushing for additional resources to help employers protect employees."
United States. Office of the Federal Register
Biden, Joseph R., Jr.
2021-01-21
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Executive Order 13995: Ensuring an Equitable Pandemic Response and Recovery
From the Document: "The COVID-19 [coronavirus disease 2019] pandemic has exposed and exacerbated severe and pervasive health and social inequities in America. For instance, people of color experience systemic and structural racism in many facets of our society and are more likely to become sick and die from COVID- 19. The lack of complete data, disaggregated by race and ethnicity, on COVID-19 infection, hospitalization, and mortality rates, as well as underlying health and social vulnerabilities, has further hampered efforts to ensure an equitable pandemic response. [...] It is impossible to change the course of the pandemic without tackling it in the hardest-hit communities. In order to identify and eliminate health and social inequities resulting in disproportionately higher rates of exposure, illness, and death, I am directing a Government-wide effort to address health equity. The Federal Government must take swift action to prevent and remedy differences in COVID-19 care and outcomes within communities of color and other underserved populations."
United States. Office of the Federal Register
Biden, Joseph R., Jr.
2021-01-21
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Executive Order 13998: Promoting COVID-19 Safety in Domestic and International Travel
From the Document: "Science-based public health measures are critical to preventing the spread of coronavirus disease 2019 (COVID-19) by travelers within the United States and those who enter the country from abroad. The Centers for Disease Control and Prevention (CDC), the Surgeon General, and the National Institutes of Health have concluded that mask-wearing, physical distancing, appropriate ventilation, and timely testing can mitigate the risk of travelers spreading COVID-19. Accordingly, to save lives and allow all Americans, including the millions of people employed in the transportation industry, to travel and work safely, it is the policy of my Administration to implement these public health measures consistent with CDC guidelines on public modes of transportation and at ports of entry to the United States."
United States. Office of the Federal Register
Biden, Joseph R., Jr.
2021-01-21
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Executive Order 14001: A Sustainable Public Health Supply Chain
From the Document: "The Federal Government must act urgently and effectively to combat the coronavirus disease 2019 (COVID-19) pandemic. To that end, this order directs immediate actions to secure supplies necessary for responding to the pandemic, so that those supplies are available, and remain available, to the Federal Government and State, local, Tribal, and territorial authorities, as well as to America's health care workers, health systems, and patients. These supplies are vital to the Nation's ability to reopen its schools and economy as soon and safely as possible."
United States. Office of the Federal Register
Biden, Joseph R., Jr.
2021-01-21
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Executive Order 13996: Establishing the COVID-19 Pandemic Testing Board and Ensuring a Sustainable Public Health Workforce for COVID-19 and Other Biological Threats
From the Document: "It is the policy of my Administration to control coronavirus disease 2019 (COVID-19) by using a Government-wide, unified approach that includes: establishing a national COVID-19 testing and public health workforce strategy; working to expand the supply of tests; working to bring test manufacturing to the United States, where possible; working to enhance laboratory testing capacity; working to expand the public health workforce; supporting screening testing for schools and priority populations; and ensuring a clarity of messaging about the use of tests and insurance coverage."
United States. Office of the Federal Register
Biden, Joseph R., Jr.
2021-01-21
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Executive Order 13994: Ensuring a Data-Driven Response to COVID-19 and Future High-Consequence Public Health Threats
From the Document: "It is the policy of my Administration to respond to the coronavirus disease 2019 (COVID-19) pandemic through effective approaches guided by the best available science and data, including by building back a better public health infrastructure. This stronger public health infrastructure must help the Nation effectively prevent, detect, and respond to future biological threats, both domestically and internationally. Consistent with this policy, the heads of all executive departments and agencies (agencies) shall facilitate the gathering, sharing, and publication of COVID-19-related data, in coordination with the Coordinator of the COVID-19 Response and Counselor to the President (COVID-19 Response Coordinator), to the extent permitted by law, and with appropriate protections for confidentiality, privacy, law enforcement, and national security. These efforts shall assist Federal, State, local, Tribal, and territorial authorities in developing and implementing policies to facilitate informed community decision-making, to further public understanding of the pandemic and the response, and to deter the spread of misinformation and disinformation."
United States. Office of the Federal Register
Biden, Joseph R., Jr.
2021-01-21
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Executive Order 13997: Improving and Expanding Access to Care and Treatments for COVID-19
From the Document: "It is the policy of my Administration to improve the capacity of the Nation's healthcare systems to address coronavirus disease 2019 (COVID-19), to accelerate the development of novel therapies to treat COVID-19, and to improve all Americans' access to quality and affordable healthcare."
United States. Office of the Federal Register
Biden, Joseph R., Jr.
2021-01-21
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Asian Infrastructure Investment Bank [Updated January 21, 2021]
From the Background: "In October 2013, at the Asia-Pacific Economic Cooperation Summit in Bali, Indonesia, China proposed creating a new multilateral development bank, the Asian Infrastructure Investment Bank (AIIB). As its name suggests, the Bank's stated purpose is to provide financing for infrastructure needs throughout Asia. [...] As the first China-led multilateral development bank (MDB), the AIIB presents several policy issues including the Bank's governance and operational practices, the U.S. role and possible participation, and the relationship between the AIIB and the existing MDBs. Some observers have also raised concerns about the transparency and governance of China-funded development projects. They argue that the AIIB may undermine decades of effort by the United States to improve governance, environmental, and social standards; these standards have been achieved through conditions attached to World Bank, Asian Development Bank (ADB), and other MDB loans. Other analysts note the AIIB's track record of facilitating projects and implementing robust safeguards and policies during its five years in existence and argue that the time may have come for the United States to consider joining the Bank."
Library of Congress. Congressional Research Service
Weiss, Martin A.
2021-01-21
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Workforce Innovation and Opportunity Act and the One-Stop Delivery System [Updated January 21, 2021]
From the Summary: "The Workforce Innovation and Opportunity Act (WIOA; P.L. 113-128), which succeeded the Workforce Investment Act of 1998 (P.L. 105-220) as the primary federal workforce development law, was enacted in July 2014 to bring about increased coordination among federal workforce development and related programs. Most of WIOA's provisions went into effect July 1, 2015. WIOA authorizes appropriations for each of FY2015 through FY2020 to carry out the programs and activities authorized in the legislation. Authorization of appropriations for WIOA programs and activities expired in FY2020 but was extended through FY2021 by the Consolidated Appropriations Act, 2021 (P.L. 116-260). Workforce development programs provide a combination of education and training services to prepare individuals for work and to help them improve their prospects in the labor market. They may include activities such as job search assistance, career counseling, occupational skill training, classroom training, or on-the-job training. The federal government provides workforce development activities through WIOA's programs and other programs designed to increase the employment and earnings of workers. [...] This report provides details of WIOA Title I state formula program structure, services, allotment formulas, and performance accountability. In addition, it provides a program overview for national grant programs. It also offers a brief overview of the Employment Service (ES), which is authorized by separate legislation but is an integral part of the One-Stop system created by WIOA."
Library of Congress. Congressional Research Service
Bradley, David H.
2021-01-21
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Changes to House Rules Affecting the Congressional Budget Process Included in H.Res. 8 (117th Congress) [January 21, 2021]
From the Summary: "At the beginning of each Congress, the House of Representatives adopts rules to govern its proceedings. Traditionally, the House does this by readopting the rules of the previous Congress along with changes that will apply in the new Congress. On January 4, 2021, the House considered and adopted a resolution (H.Res. 8) providing for the rules of the House for the 117th Congress by a vote of 217-206. H.Res. 8 reinstitutes the standing rules of the 116th Congress with certain amendments and adopts other procedural and organizational matters that are not incorporated into the standing rules directly but are designated as Separate Orders. This report addresses several of these provisions that affect the congressional budget process and the consideration of budgetary legislation. It provides information on one change to the standing rules that might affect the consideration of reconciliation legislation in the House of Representatives. It also addresses two provisions of H.Res. 8 included under Separate Orders. [...] Finally, this report includes information on a provision of H.Res. 8 extending the life of the House Select Committee on the Modernization of Congress."
Library of Congress. Congressional Research Service
Lynch, Megan Suzanne; Saturno, James
2021-01-21
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Burma: Key Issues in 2021 [Updated January 21, 2021]
From the Document: "Burma (Myanmar) has been embroiled in a low-grade civil war between its military, known as the Tatmadaw, and over 20 ethnic armed organizations (EAOs) as far back as 1962, when the Tatmadaw overthrew a democratically elected civilian government. In 2011, the Tatmadaw handed power over to a hybrid civilian-military Union Government based on a 2008 constitution largely written by the Tatmadaw. The Obama and Trump Administrations attempted to foster Burma's return to democratic civilian rule by supporting the Union Government and its current leader Aung San Suu Kyi."
Library of Congress. Congressional Research Service
Martin, Michael F.; Smith, Kirt
2021-01-21
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Responses to Midnight Rulemaking: Legal Issues [January 21, 2021]
From the Document: "Hours after President Joe Biden took office on January 20, 2021, the White House issued a memorandum directing agencies to take action with respect to regulations that the Trump Administration issued shortly before the transition. It is common for federal agencies to increase rulemaking activity during the final months of a presidential administration--a phenomenon commonly known as 'midnight rulemaking.' Since Election Day, November 3, 2020, agencies in the Trump Administration issued final rules governing immigration adjudication proceedings; the construction, operation, and maintenance of gas pipelines; rebates under Medicare Part D; and a host of other subjects. Federal agencies also published a number of proposed rules that have not yet been finalized. Since President Reagan took office in 1981, incoming presidential administrations have routinely taken measures to respond to a prior administration's midnight rulemaking activities. This Sidebar explains how the Biden Administration may confront the bevy of rules recently finalized or proposed by the Trump Administration--including rescinding rules that have already taken effect, and suspending the effective dates of rules that were finalized by the prior Administration but which had not yet become legally effective--and how courts generally have responded to challenges to an agency's rescission or postponement of a final rule. This Sidebar also addresses actions Congress could take to rescind or prevent the implementation or enforcement of midnight rules with which it disagrees."
Library of Congress. Congressional Research Service
Sheffner, Daniel J.; Bowers, Kate R.
2021-01-21
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Role of the U.S. Environmental Protection Agency in Environmental Justice [Updated January 21, 2021]
From the Document: "The role of the U.S. Environmental Protection Agency (EPA) in environmental justice is rooted in Executive Order (E.O.) 12898, 'Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations', signed by President Bill Clinton on February 11, 1994. E.O. 12898 directs each executive department, EPA, and certain other agencies to 'make achieving environmental justice part of its mission.' The consideration of environmental justice across federal programs and activities is not mandated in statute. E.O. 12898 more generally directs executive departments and agencies to integrate environmental justice into their respective missions to 'the greatest extent practicable and permitted by law.' Some departments and agencies have incorporated the consideration of environmental justice into their respective regulations to carry out E.O. 12898. E.O. 12898 itself does not establish federal law but is a presidential directive for the management of executive departments and agencies that instructs the implementation of existing law. [...] E.O. 12898 directed the establishment of the Federal Interagency Working Group on Environmental Justice (EJ IWG) to facilitate collaboration among federal departments and agencies. Chaired by EPA, the EJ IWG has established several standing committees and may create others as needed to carry out various aspects of E.O. 12898."
Library of Congress. Congressional Research Service
Bearden, David M.; Jones, Angela C.
2021-01-21
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U.S. Trade and Development Agency (TDA) [Updated January 21, 2021]
From the Document: "The U.S. Trade and Development Agency (TDA) is an independent U.S. government export promotion and foreign assistance agency. TDA aims to support U.S. jobs by linking U.S. firms to export opportunities for development projects in low- and middle-income countries by funding 'pre-export' assistance. TDA-related issues for Congress may include the economic justifications for its mandate, and its role in supporting U.S. exports, relationship to other U.S. agencies, and intersection with broader U.S. policy goals and priorities. [...] Supporters of TDA, including many in the business community, hold that TDA programs are key to U.S. export promotion efforts and help U.S. firms compete with foreign firms that have access to similar support through their national programs. TDA's role may be especially critical for smaller firms with limited resources to conduct their own project preparation analyses. Supporters also note that users share the costs of TDA-funded activity and that some TDA costs are reimbursed. Critics argue that TDA distorts market conditions by encouraging commercially unviable activities and, in turn, inefficient use of resources. Critics also contend that TDA activities may provide unnecessary use of taxpayer-funded assistance to businesses."
Library of Congress. Congressional Research Service
Akhtar, Shayerah Ilias
2021-01-21
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Federal Communications Commission in the Biden Administration: Issues and New Directions [Updated January 21, 2021]
From the Introduction: "The Federal Communications Commission (FCC) in the new Biden Administration may take different positions on several key topics than the FCC under the Trump Administration, including Section 230 of the Communications Act of 1934, as amended (Section 230), net neutrality, and 5G [fifth generation technology]. The recent confirmation of then-President Donald Trump's nominee to join the FCC, Nathan Simington, and Chairman Ajit Pai's resignation on Inauguration Day has left the agency with a 2-2 split between Democratic and Republican commissioners. The FCC typically has five members, with two commissioners and a chairperson from the President's party. Democrats have effectively taken control of the Senate majority and can be expected to confirm President Joe Biden's nominee for chairperson. On January 21, 2021, President Biden appointed current commissioner Jessica Rosenworcel as acting chairperson and she is seen as a possible nominee for the position."
Library of Congress. Congressional Research Service
Figliola, Patricia Moloney
2021-01-21
