Too Many Senior Military Officers?, and More from CRS

Does the U.S. military have too many senior officers in its ranks?

A new report from the Congressional Research Service does not answer that question, but it explains why the question could arise, and provides relevant background for addressing it.

“While always very small in comparison to the total force, the general and flag officer (GFO) corps has increased as a percentage of the total force over the past five decades.”

“GFOs made up about one-twentieth of one percent (0.048%) of the total force in 1965, while they made up about one-fifteenth of one percent (0.069%) of the total force in 2015, indicating that the share of the total force made up of GFOs increased by 43%.”

“Some argue that this increased proportion of GFOs is wasteful and contributes to more bureaucratic decisionmaking processes. Others counter that the increased proportion is linked to the military’s greater emphasis on joint and coalition operations, core organizational requirements, and the increasing use of advanced technologies.”

“This report provides an overview of active duty GFOs in the United States Armed Forces–including authorizations, duties, and compensation–historical trends in the proportion of GFOs relative to the total force, criticisms and justifications of GFO to total force proportions, and statutory controls.”

See General and Flag Officers in the U.S. Armed Forces: Background and Considerations for Congress, February 18, 2016.

Other new and updated reports from the Congressional Research Service that Congress has withheld from public release include the following.

Encryption and Evolving Technology: Implications for U.S. Law Enforcement Investigations, updated February 18, 2016

The Committee on Foreign Investment in the United States (CFIUS), updated February 19, 2016

Legislative Options for Financing Water Infrastructure, updated February 18, 2016

Recovery Act Funding for DOE Carbon Capture and Sequestration (CCS) Projects, February 18, 2016

The Role of Local and Regional Food Systems in U.S. Farm Policy, February 18, 2016

The Health Coverage Tax Credit (HCTC): In Brief, February 18, 2016

Temporary Protected Status: Current Immigration Policy and Issues, updated February 18, 2016

Kuwait: Governance, Security, and U.S. Policy, updated February 19, 2016

Joint Light Tactical Vehicle (JLTV): Background and Issues for Congress, updated February 18, 2016

FY2017 State, Foreign Operations and Related Programs Budget Request: In Brief, February 19, 2016

Ground Troops Vs. the Islamic State, and More from CRS

In response to calls for increased deployment of ground forces against the Islamic State, the Congressional Research Service stated this week that “There are no clear-cut answers to determining the suitability, size, and mission profile of the ground elements of any military campaign; determining the disposition of military forces is in many ways as much an art as it is a science.”

“As it evaluates proposals to introduce more ground forces [to combat the Islamic State], Congress may therefore ponder five questions.” See Additional U.S. Ground Troops to Counter the Islamic State? Five Questions, CRS Insight, February 17, 2016.

Other new and updated reports from the Congressional Research Service issued this week include the following.

IAEA Budget and U.S. Contributions: In Brief, February 17, 2016

U.S. Family-Based Immigration Policy, updated February 17, 2016

Border Security Metrics Between Ports of Entry, February 16, 2016

Deficits and Debt: Economic Effects and Other Issues, February 17, 2016

Domestic Food Assistance: Summary of Programs, updated February 17, 2016

U.S. Farm Income Outlook for 2016, February 16, 2016

The Federal Networking and Information Technology Research and Development Program: Background, Funding, and Activities, February 16, 2016

Afghanistan: Post-Taliban Governance, Security, and U.S. Policy, updated February 17, 2016

Intelligence Spending, and More from CRS

A new summary of U.S. intelligence expenditures over time has been prepared by the Congressional Research Service. See Intelligence Spending: In Brief, February 16, 2016.

Other new and updated reports from the Congressional Research Service that Congress has withheld from public distribution include the following.

What Does Justice Scalia’s Death Mean for Congress and the Nation?, CRS Legal Sidebar, February 16, 2016

Appointment of African American U.S. Circuit and District Court Judges: Historical Overview and Current Data, CRS Insight, February 12, 2016

FY2017 Defense Budget Request: In Brief, February 12, 2016

FY2016 Changes to DOD’s 1033 Program, CRS Insight, February 16, 2016 (The 1033 Program governs the transfer of surplus military equipment to local law enforcement agencies)

National Commission on the Future of the Army (NCFA): Background and Issues for Congress, February 5, 2016

Navy Virginia (SSN-774) Class Attack Submarine Procurement: Background and Issues for Congress, updated February 12, 2016

Lead in Flint, Michigan’s Drinking Water: Federal Regulatory Role, CRS Insight, February 16, 2016

U.S.-EU Data Privacy: From Safe Harbor to Privacy Shield, updated February 12, 2016

Disposal of Unneeded Federal Buildings: Legislative Proposals in the 114th Congress, February 12, 2016

Federal Support for Graduate Medical Education: An Overview, February 12, 2016

Federal Research and Development Funding: FY2016, updated February 11, 2016

Federal Grant Financial Reporting Requirements and Databases: Frequently Asked Questions, February 11, 2016

Brazil: Background and U.S. Relations, updated February 11, 2016

The European Union: Current Challenges and Future Prospects, updated February 15, 2016

Supreme Court Nominations: CRS Resources

The Congressional Research Service has prepared reports on various aspects of the U.S. Supreme Court nominations process, including these:

Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900-2010, August 6, 2010

Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate, February 19, 2010

Supreme Court Nominations Not Confirmed, 1789-August 2010, August 20, 2010

Supreme Court Nominations: Senate Floor Procedure and Practice, 1789-2011, March 11, 2011

Supreme Court Appointment Process: President’s Selection of a Nominee, October 19, 2015

Supreme Court Appointment Process: Consideration by the Senate Judiciary Committee, October 19, 2015

Supreme Court Appointment Process: Senate Debate and Confirmation Vote, October 19, 2015

Questioning Supreme Court Nominees About Their Views on Legal or Constitutional Issues: A Recurring Issue, June 23, 2010

Supreme Court Justices: Demographic Characteristics, Professional Experience, and Legal Education, 1789-2010, April 9, 2010

“Notwithstanding Any Other Provision of Law,” and More from CRS

The phrase “notwithstanding any other provision of law” has already appeared in bills introduced in the current Congress more than 600 times, according to a new analysis from the Congressional Research Service.

“Does the presence of this phrase in an enactment really mean that no other statutes apply, as is sometimes suggested? The short answer is: not necessarily.”

See “Notwithstanding Any Other Provision of Law”: Does It Really Mean That No Other Provisions of Law Apply?, CRS Legal Sidebar, February 10, 2016.

Other new and updated Congressional Research Service reports that Congress has withheld from public release include the following.

The Shutdown of the Joint North/South Korean Kaesong Industrial Complex, CRS Insight, February 11, 2016

Volkswagen, Defeat Devices, and the Clean Air Act: Frequently Asked Questions, February 10, 2016

The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes, February 10, 2016

An Overview of USDA Rural Development Programs, updated February 10, 2016

Private Health Insurance Market Reforms in the Patient Protection and Affordable Care Act (ACA), updated February 10, 2016

Renewed Crypto Wars?, CRS Insight, February 9, 2016

Water Infrastructure Financing: The Water Infrastructure Finance and Innovation Act (WIFIA) Program, February 9, 2016

Social Security Primer, updated February 9, 2016

DOE’s Office of Electricity Delivery and Energy Reliability (OE): A Primer, with Appropriations for FY2016, February 9, 2016

The Peace Corps: Current Issues, updated February 9, 2016

EPA Regulations: Too Much, Too Little, or On Track?, updated February 9, 2016

Aung San Suu Kyi’s Party Takes Control of Parliament in Burma, CRS Insight, February 9, 2016

China’s Recent Stock Market Volatility: What Are the Implications?, CRS Insight, updated February 11, 2016

The U.S.-Japan Alliance, updated February 9, 2016

The Islamic State and U.S. Policy, updated February 9, 2016

Oman, Saudi Arabia, and More from CRS

New and updated reports from the Congressional Research Service that Congress has withheld from online public disclosure include the following.

Oman: Reform, Security, and U.S. Policy, updated February 5, 2016

Saudi Arabia: Background and U.S. Relations, updated February 5, 2016

Senate Committee Rules in the 114th Congress: Key Provisions, February 8, 2016

Medicare Trigger, updated February 8, 2016

Federal Freight Policy: In Brief, February 5, 2016

Local Food Systems: Selected Farm Bill and Other Federal Programs, February 5, 2016

Commemorative Commissions: Overview, Structure, and Funding, February 5, 2016

Ocean Energy Agency Appropriations, FY2016, February 5, 2016

Allocation of Wastewater Treatment Assistance: Formula and Other Changes, updated February 5, 2016

The New START Treaty: Central Limits and Key Provisions, updated February 5, 2016

Iran’s Nuclear Program: Tehran’s Compliance with International Obligations, updated February 8, 2016

The Gig Economy, and More from CRS

A new report from the Congressional Research Service examines the “gig” economy and its implications for workers.

“The gig economy is the collection of markets that match providers to consumers on a gig (or job) basis in support of on-demand commerce. In the basic model, gig workers enter into formal agreements with on-demand companies (e.g., Uber, TaskRabbit) to provide services to the company’s clients. Prospective clients request services through an Internet-based technological platform or smartphone application that allows them to search for providers or to specify jobs. Providers (i.e., gig workers) engaged by the on-demand company provide the requested service and are compensated for the jobs.”

“Recent trends in on-demand commerce suggest that gig workers may represent a growing segment of the U.S. labor market. In response, some Members of Congress have raised questions, for example, about the size of the gig workforce, how workers are using gig work, and the implications of the gig economy for labor standards and livelihoods more generally.” See What Does the Gig Economy Mean for Workers?, February 5, 2016.

Another new CRS publication considers a scenario in which the next Congress could revoke any final agency rules that are issued by the Obama Administration after May 2016. See Agency Final Rules Submitted After May 16, 2016, May Be Subject to Disapproval in 2017 Under the Congressional Review Act, CRS Insight, February 4, 2016.

Other new or newly updated CRS reports that have been withheld from public release include the following.

Is Biopower Carbon Neutral?, udpated February 4, 2016

State Minimum Wages: An Overview, updated February 3, 2016

Federal Employees Health Benefits (FEHB) Program: An Overview, updated February 3, 2016

CFTC’s Auditor Finds “Material Error” in FY2015 Financial Statements, CRS Insight, February 3, 2016

Is Broadband Deployment Reasonable and Timely?, CRS Insight, February 3, 2016

Military Maternity and Parental Leave Policies, CRS Insight, February 3, 2016

Zika Virus: Global Health Considerations, CRS Insight, February 2, 2016

Trans-Pacific Partnership: Strategic Implications, and More from CRS

A new report from the Congressional Research Service examines claims that the 12-nation free trade agreement known as the Trans-Pacific Partnership (TPP) will (or will not) advance the strategic interests of the United States by enabling it to exert influence in economic as well as security domains. See The Trans-Pacific Partnership: Strategic Implications, February 3, 2016.

Other new and newly updated Congressional Research Service products that Congress has withheld from public distribution include the following.

The Obama Administration’s Feed the Future Initiative, January 29, 2016

Immigration Legislation and Issues in the 114th Congress, February 3, 2016

Unaccompanied Alien Children–Legal Issues: Answers to Frequently Asked Questions, updated January 27, 2016

State Challenges to Federal Enforcement of Immigration Law: Historical Precedents and Pending Litigation in Texas v. United States, updated January 27, 2016

Apprenticeship in the United States: Frequently Asked Questions, January 29, 2016

The Earned Income Tax Credit (EITC): An Economic Analysis, February 1, 2016

Airport Privatization: Issues and Options for Congress, updated February 3, 2016

The Good Cause Exception to Notice and Comment Rulemaking: Judicial Review of Agency Action, January 29, 2016

Oil Sands and the Oil Spill Liability Trust Fund: The Definition of “Oil” and Related Issues for Congress, February 3, 2016

Dietary Guidelines for Americans: Frequently Asked Questions, February 2, 2016

Temporary Assistance for Needy Families (TANF): Size and Characteristics of the Cash Assistance Caseload, updated January 29, 2016

Federal Securities Law: Insider Trading, updated February 2, 2016

Iran’s Foreign Policy, updated January 29, 2016

Jordan: Background and U.S. Relations, updated January 27, 2016

Legislative Branch: FY2016 Appropriations, updated February 1, 2016

Body Armor for Law Enforcement Officers: In Brief, updated January 28, 2016

Drones in Domestic Airspace, and More from CRS

A survey of policy issues raised by the use of unmanned aerial systems (UAS) in domestic U.S. airspace was presented in a new report yesterday from the Congressional Research Service.

The report described the current and projected market for UAS, applications of UAS in government and industry, safety and security issues, the current regulatory environment, and pending legislation affecting UAS. See Unmanned Aircraft Operations in Domestic Airspace: U.S. Policy Perspectives and the Regulatory Landscape, January 27, 2016.

“As UAS technology develops rapidly, the United States faces significant challenges in balancing safety requirements, privacy concerns, and economic interests,” the CRS report said.

“Hundreds of thousands of small UAS are already being operated as recreational model aircraft and hobby drones that are permitted under a special rule for model aircraft…. In addition, several hundred public agencies and more than 3,000 businesses have been granted approval to operate UAS on a case-by-case basis. Once regulations and guidelines are put in place, large growth in UAS operations is anticipated.”

“As UAS operations have increased, a number of safety concerns have emerged, particularly with regard to use of model aircraft and hobby drones. UAS flights have interfered with airline crews near busy airports and with aircraft fighting wildfires, and have posed safety and security hazards at outdoor events and in restricted areas.”

“To address both safety and security concerns, a number of technology solutions are being examined to detect airborne UAS and pinpoint the location of the operator. Technologies to disable, jam, take control over, or potentially destroy a small UAS are also being developed and tested.”

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In another new report issued yesterday, CRS presented statistics on how the Senate responded to judicial nominations in the eighth year of the Reagan, Clinton and GW Bush presidencies.

“More than half of the circuit court nominations that were pending before the Senate during each President’s final year in office were not confirmed by the Senate,” the report found. See Final Senate Action on U.S. Circuit and District Court Nominations During a President’s Eighth Year in Office, January 27, 2016.

Also newly updated this week is Ozone Air Quality Standards: EPA’s 2015 Revision, January 25, 2016.

Federal Conspiracy Law, and More from CRS

New and updated reports from the Congressional Research Service that were issued last week include the following.

Federal Conspiracy Law: A Brief Overview, updated January 20, 2016

Methods of Estimating the Total Cost of Federal Regulations, January 21, 2016

Judicial Redress Act 101 — What to Know as Senate Contemplates Passing New Privacy Law, CRS Legal Sidebar, January 21, 2016

TransCanada to Seek $15 Billion in NAFTA Lawsuit over Denial of Keystone XL Permit Request, CRS Legal Sidebar, January 19, 2016

EPA and the Army Corps’ Proposed “Waters of the United States” Rule: Congressional Response and Options, updated January 20, 2016

The Glass-Steagall Act: A Legal and Policy Analysis, January 19, 2016

Congress and the Budget: 2016 Actions and Events, January 19, 2016

GAO Bid Protests: An Overview of Timeframes and Procedures, updated January 19, 2016

“Regulatory Relief” for Banking: Selected Legislation in the 114th Congress, updated January 19, 2016

Money for Something: Music Licensing in the 21st Century, updated January 19, 2016

Comparing DHS Appropriations by Component, FY2016: Fact Sheet, updated January 20, 2016

Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions, updated January 22, 2016

The Fight Against Al Shabaab in Somalia in 2016, CRS Insight, January 19, 2016

Latin America and the Caribbean: Key Issues for the 114th Congress, updated January 20, 2016

The U.S. Military Presence in Okinawa and the Futenma Base Controversy, updated January 20, 2016

The European Union: Questions and Answers, updated January 19, 2016

An AUMF Against the Islamic State, and More from CRS

Ongoing U.S. military action against the Islamic State in Iraq and Syria lacks any specific authorization from Congress.  A comparative analysis of various proposals for Congress to enact an Authorization for Use of Military Force (AUMF) against the Islamic State is provided in an updated report from the Congressional Research Service.

“Although the Obama Administration has claimed 2001 AUMF and 2002 AUMF authority for its recent and future actions against the Islamic State, these claims have been subject to debate,” the report said.

“Some contend that the Administration’s actions against the IS also fall outside the President’s Article II powers. Concerned with Congress’s constitutional role in the exercise of the war power, perceived presidential overreach in that area of constitutional powers, and the President’s expansion of the use of military force in Iraq and Syria, several Members of Congress have expressed the view that continued use of military force against the Islamic State requires congressional authorization. Members have differed on whether such authorization is needed, given existing authorities, or whether such a measure should be enacted.”

“This report focuses on the several proposals for a new AUMF specifically targeting the Islamic State made during the 113th and 114th Congresses. It includes a brief review of existing authorities and AUMFs, as well as a discussion of issues related to various provisions included in existing and proposed AUMFs that both authorize and limit presidential use of military force.”  See A New Authorization for Use of Military Force Against the Islamic State: Issues and Current Proposals, January 15, 2016.

Other new and newly updated reports from the Congressional Research Service include the following.

North Korea: Legislative Basis for U.S. Economic Sanctions, updated January 14, 2016

North Korea: A Comparison of S. 1747, S. 2144, and H.R. 757, January 15, 2016

North Korea: U.S. Relations, Nuclear Diplomacy, and Internal Situation, updated January 15, 2016

Department of Homeland Security Appropriations: FY2016, updated January 14, 2016

Iran’s Nuclear Program: Tehran’s Compliance with International Obligations, updated January 14, 2016

Pakistan’s Nuclear Weapons, updated January 14, 2016

Intelligence-Related Legislation, and More from CRS

Recent legislative provisions on intelligence policy are surveyed and cataloged in a newly updated Congressional Research Service report.

In the past two annual intelligence authorization bills, Congress enacted various directions and requirements concerning intelligence agency financial auditability, insider threats, contractor oversight, and many other topics. These are tabulated and reviewed in Intelligence Authorization Legislation for FY2014 and FY2015: Provisions, Status, Intelligence Community Framework, updated January 12, 2016.

Other new and updated reports from the Congressional Research Service that Congress has withheld from online public distribution include the following.

U.S.-Mexico Security Cooperation Following “El Chapo” Guzmán’s January 2016 Recapture, CRS Insight, updated January 13, 2016

Taiwan’s January 2016 Elections: A Preview, CRS Insight, January 12, 2016

Goldwater-Nichols and the Evolution of Officer Joint Professional Military Education (JPME), January 13, 2016

Iran Sanctions, updated January 12, 2016

Temporary Professional, Managerial, and Skilled Foreign Workers: Policy and Trends, January 13, 2016

Hedge Funds and the Securities Exchange Act’s Section 13(d) Reporting Requirements, CRS Legal Sidebar, January 13, 2016

Unfunded Mandates Reform Act: History, Impact, and Issues, updated January 13, 2016

Discretionary Spending Under the Affordable Care Act (ACA), updated January 13, 2016

EPA’s Clean Power Plan for Existing Power Plants: Frequently Asked Questions, January 13, 2016

Martin Luther King, Jr. Day Speech Resources: Fact Sheet, January 11, 2016

Criminal Justice Reform: One Judge’s View, CRS Legal Sidebar, January 14, 2016