The Federal Cybersecurity Workforce, and More from CRS
New and updated reports from the Congressional Research Service that Congress has withheld from online public distribution include the following.
The Federal Cybersecurity Workforce: Background and Congressional Oversight Issues for the Departments of Defense and Homeland Security, January 8, 2016
The Trans-Pacific Partnership (TPP): In Brief, updated January 8, 2016
American Agriculture and the Trans-Pacific Partnership (TPP) Agreement, January 8, 2016
Cuba: Issues for the 114th Congress, updated January 11, 2016
Guatemala: One President Resigns; Another Elected, to Be Inaugurated January 14, CRS Insight, updated January 11, 2016
China’s Recent Stock Market Volatility: What Are the Implications?, CRS Insight, updated January 9, 2016
Navy John Lewis (TAO-205) Class Oiler Shipbuilding Program: Background and Issues for Congress, updated January 8, 2016
Navy Ship Names: Background for Congress, updated January 8, 2016 (This report explains that “John Lewis (TAO-205) class oilers, previously known as TAO(X)s, are being named for people who fought for civil rights and human rights.” An oiler is a fuel resupply vessel that is used to transfer fuel to surface ships at sea.)
Navy Force Structure and Shipbuilding Plans: Background and Issues for Congress, updated January 8, 2016
Free Riders or Compelled Riders? Key Takeaways as Court Considers Major Union Dues Case, CRS Legal Sidebar, January 12, 2016
Unauthorized Aliens, Higher Education, In-State Tuition, and Financial Aid: Legal Analysis, updated January 11, 2016
The TRIO Programs: A Primer, updated January 11, 2016
The Consolidated Appropriations Act, 2016: Effects on Budgetary Trends, CRS Insight, January 11, 2016
President Obama Announces Executive Actions to “Reduce Gun Violence”, CRS Legal Sidebar, January 8, 2016
Juvenile Justice Funding Trends, updated January 8, 2016
Community Services Block Grants (CSBG): Background and Funding, updated January 8, 2016
Separation of Powers, and More from CRS
The Congressional Research Service departed from its usual focus on current policy and legislative issues to produce a new disquisition on the separation of powers in the U.S. government.
The separation of powers doctrine “is rooted in a political philosophy that aims to keep power from consolidating in any single person or entity, and a key goal of the framers of the Constitution was to establish a governing system that diffused and divided power.”
However, the branches do not always act in their own structural interests (as is often the case in congressional oversight of intelligence, for example). “Although each branch has strong incentives to protect its prerogatives, in many cases individual political actors have incentives that run counter to their institutional affiliation. In particular, political actors will often, quite reasonably, place the short-term achievement of substantive policy goals ahead of the long-term preservation of institutional power for their branch of government.”
CRS concludes that “the contemporary balance of power between the President, Congress, and the courts is not the same as it was in 1789, and is perhaps not the balance intended or expected by the framers of the Constitution.”
In any case, “the relative power of the President, Congress, and the courts is not on any specific trajectory. At various times since the ratification of the Constitution, the power of each institution has been at times ascendant and at other times on the decline.” See Separation of Powers: An Overview, January 8, 2016
Other Congressional Research Service reports that were issued last week include the following.
History and Conflict at Malheur National Wildlife Refuge, CRS Insight, January 7, 2016
Big Data in U.S. Agriculture, January 6, 2016
Federal Health Centers: An Overview, January 6, 2015
U.S. Foreign Assistance to Latin America and the Caribbean: Recent Trends and FY2016 Appropriations, January 7, 2016
Escalating Violence in El Salvador, CRS Insight, January 7, 2016
Perspectives on Enhanced Interrogation Techniques, January 8, 2016
Electric Grid Physical Security: Recent Legislation, January 6, 2016
Independent Bids for President, and More from CRS
New and updated reports from the Congressional Research Service that have been withheld from online public distribution include the following.
Independent Bids for President, CRS Legal Sidebar, January 6, 2016
The Presidential Nominating Process and the National Party Conventions, 2016: Frequently Asked Questions, updated December 30, 2015
H.R. 1927: Congress Proposes Additional Prerequisite for Class-Action Certification, CRS Legal Sidebar, January 5, 2016
The Animal Welfare Act: Background and Selected Animal Welfare Legislation, updated January 5, 2016
Water Quality Issues in the 114th Congress: An Overview, updated January 5, 2016
Congress and the U.S. Army Corps of Engineers in 2016, CRS Insight, January 5, 2016
Use of the Annual Appropriations Process to Block Implementation of the Affordable Care Act (FY2011-FY2016), January 5, 2016
EPA and the Army Corps’ Proposed Rule to Define “Waters of the United States”, January 4, 2016
Navy Littoral Combat Ship (LCS)/Frigate Program: Background and Issues for Congress, updated January 5, 2016
U.S.-Mexican Security Cooperation: the Mérida Initiative and Beyond, updated January 5, 2016
Cyprus: Reunification Proving Elusive, updated January 5, 2016
State, Foreign Operations Appropriations: A Guide to Component Accounts, updated January 5, 2016
The Motion to Recommit in the House of Representatives, January 6, 2016
Using Data to Improve Defense Acquisitions: Background, Analysis, and Questions for Congress, January 5, 2016
The Presidential Nominating Process, and More from CRS
New and updated reports from the Congressional Research Service that have been withheld from online public distribution include the following.
The Presidential Nominating Process and the National Party Conventions, 2016: Frequently Asked Questions, updated December 30, 2015
Need-Tested Benefits: Estimated Eligibility and Benefit Receipt by Families and Individuals, December 30, 2015
Federal Reserve: Oversight and Disclosure Issues, updated January 4, 2016
Analysis of the Tax Exclusion for Canceled Mortgage Debt Income, updated December 30, 2015
Iraq: Politics and Governance, updated December 31, 2015
Israel: Background and U.S. Relations In Brief, updated December 30, 2015
Bahrain: Reform, Security, and U.S. Policy, updated December 30, 2015
The WTO Nairobi Ministerial, CRS Insight, January 4, 2016
Data Breach Notification Laws, and More from CRS
New and updated reports that were issued by the Congressional Research Service last week include the following.
Data Security and Breach Notification Legislation: Selected Legal Issues, December 28, 2015
Sex Discrimination and the United States Supreme Court: Developments in the Law, December 30, 2015
The Budget Control Act of 2011 as Amended: Budgetary Effects, December 29, 2015
Former U.S. Hostages of Iran to be Eligible for Compensation, CRS Legal Sidebar, December 29, 2015
Federal Public Transportation Program: In Brief, December 28, 2015
NASA Appropriations and Authorizations: A Fact Sheet, December 29, 2015
Iran, Gulf Security, and U.S. Policy, December 29, 2015
US Dominates Global Arms Sales: CRS
Last year, the United States led the world in arms sales, tallying up $36.2 billion in worldwide arms transfer agreements. Russia took second place with $10.2 billion in arms transfer agreements, out of a global total of $71.8 billion in 2014.
This information, and much more on the subject, was presented in a new report from the Congressional Research Service on Conventional Arms Transfers to Developing Nations, 2007-2014, dated December 21, 2015.
The contents of the 70-page report were first described in the New York Times on December 25. The day before, relatedly, the Department of State published its own statutorily-required report on World Military Expenditures and Arms Transfers, covering the period 2002-2012.
Annual CRS reports on arms transfers had been the province of CRS specialist Richard F. Grimmett for three decades from the first such report in 1982 until his retirement in 2012. The CRS arms transfer reports are still known informally in some graying circles as “the Grimmett reports.” Besides his own considerable subject matter expertise, Grimmett seemed to have “sources” in the executive branch, making his work difficult to replicate or extend by others, no matter how diligent they might be. And for the past three years, no one at CRS has produced a follow-on report in the series until last week’s new report, authored by specialist Catherine A. Theohary.
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The role of diversity (e.g. of race, sex, or sexual preference) in the U.S. military is examined in another new report from the Congressional Research Service.
Do measures to enhance diversity in the armed services conflict with the military’s meritocratic culture? Does enforced diversity weaken readiness or strengthen it? Or perhaps weaken it in the short term and strengthen it in the long term?
Admitting no policy preference of its own, the CRS report (authored by analyst Kristy N. Kamarck) does a thorough job of representing the various competing and contrasting views on the subject. See Diversity, Inclusion, and Equal Opportunity in the Armed Services: Background and Issues for Congress, December 23, 2015.
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Other new and updated reports from the Congressional Research Service that were issued last week include the following.
The Federal Election Commission: Enforcement Process and Selected Issues for Congress, December 22, 2015
The Federal Election Commission: Overview and Selected Issues for Congress, December 22, 2015
Turkey: Background and U.S. Relations in Brief, updated December 23, 2015
Haiti Under President Martelly: Current Conditions and Congressional Concerns, updated December 23, 2015
Afghanistan: Post-Taliban Governance, Security, and U.S. Policy, updated December 22, 2015
Maritime Territorial and Exclusive Economic Zone (EEZ) Disputes Involving China: Issues for Congress, updated December 22, 2015
Changes in the Arctic: Background and Issues for Congress, updated December 21, 2015
The Ryan White HIV/AIDS Program: Overview and Impact of the Affordable Care Act, December 21, 2015
Small Business Administration (SBA) Funding: Overview and Recent Trends, updated December 24, 2015
Small Business Administration: A Primer on Programs and Funding, updated December 23, 2015
Nuclear Energy: Overview of Congressional Issues, updated December 23, 2015
Salaries of Members of Congress: Recent Actions and Historical Tables, updated December 23, 2015
Salaries of Members of Congress: Congressional Votes, 1990-2015, updated December 23, 2015
Western Water and Drought: Legislative Analysis of H.R. 2898 and S. 1894, December 23, 2015
Air Quality: EPA’s 2013 Changes to the Particulate Matter (PM) Standard, updated December 23, 2015
2013 National Ambient Air Quality Standard (NAAQS) for Fine Particulate Matter (PM2.5): Designating Nonattainment Areas, updated December 23, 2015
Navy Littoral Combat Ship (LCS)/Frigate Program: Background and Issues for Congress, updated December 22, 2015
Congressional Efforts to Reduce Restrictions on Growing Industrial Hemp, CRS Insight, updated December 23, 2015
Does Building Foreign Military Capacity Help?
The notion that the U.S. should strengthen the military capabilities of foreign partners so that they could assume increased responsibility for regional security is critically examined in a major new report from the Congressional Research Service.
The approach known as Building Partner Capacity (BPC) “has increased in prominence within U.S. strategy, arguably becoming a central pillar of U.S. national security and foreign policy in recent years,” based on the premise that strengthening fragile foreign security institutions abroad will have benefits for U.S. national security.
But despite the growing centrality of BPC, “it remains unclear whether building the capacity of foreign security forces is an effective way to accomplish U.S. strategic objectives,” the CRS report said.
In fact, “Recent events, particularly the battle between the Afghan government and the Taliban over Konduz, as well as the collapse of U.S.-trained and equipped forces in Iraq and Syria in the face of the Islamic State, have called into question whether these BPC programs can achieve their desired effects.”
“Do BPC programs and activities actually advance U.S. national security interests? If so, when? If not, why not?”
One short answer is that “Within the case studies explored, BPC was least effective as a tool for allowing the United States to extract itself from conflict (victory in war/war termination). However, it was most effective as a tool for building interpersonal and institutional linkages, and for alliance building.”
But the purpose of the CRS report was not to simply announce analytic conclusions. Rather, it should “be used as a starting point for further debate and analysis on the subject. There are no clear-cut answers at present. Considerably more intellectual spade work could be undertaken to clarify the conceptual underpinnings of BPC efforts, and whether, and when, BPC is an appropriate tool for advancing U.S. strategic goals.”
Notably, “This report differs from many other CRS products, as it is intended to assist Congress with its oversight responsibilities by helping it think critically about BPC and related programs. Accordingly, it raises more questions than it answers. Among the most important: are BPC shortcomings due to execution issues? Or are they due to BPC being an inappropriate way to accomplish U.S. strategic objectives?”
A copy of the report was obtained by Secrecy News. See What Is “Building Partner Capacity?” Issues for Congress, December 18, 2015.
Other new and updated reports from the Congressional Research Service that were issued last week include the following.
Arms Sales: Congressional Review Process, updated December 17, 2015
Firearms Eligibility for Foreign Nationals in the United States, CRS Legal Sidebar, December 18, 2015
New Circuit Split: Seventh Circuit Rules that Unlawfully Present Aliens with “Extensive Ties” to the United States Have Second Amendment Rights, CRS Legal Sidebar, December 17, 2015
You Win Some, You Lose Some: the Complicated Legal Status of Daily Fantasy Sports, CRS Legal Sidebar, December 18, 2015
Employer Wellness Programs and Genetic Information: Frequently Asked Questions, December 17, 2015
Nationwide Injunctions: Recent Rulings Raise Questions about Nationwide Reach of a Single Federal Court, CRS Legal Sidebar, December 16, 2015
IRS Proposes Controversial Regulations Regarding Charity Donors’ SSNs, CRS Legal Sidebar, December 16, 2015
First Spoofing Conviction Gives Teeth to Dodd-Frank in Prosecuting Commodities Violations, CRS Legal Sidebar, December 15, 2015
Women and the Selective Service, CRS Insight, December 15, 2015
FY2016 National Defense Authorization Act: Selected Military Personnel Issues, updated December 17, 2015
Central America Regional Security Initiative: Background and Policy Issues for Congress, updated December 17, 2015
Australia: Background and U.S. Relations, updated December 14, 2015
U.S. Navy Ship and Sub Programs: CRS Updates
The Congressional Research Service has updated several of its reports on Navy ship and submarine programs:
Navy DDG-51 and DDG-1000 Destroyer Programs: Background and Issues for Congress, December 17, 2015
Navy Littoral Combat Ship (LCS)/Frigate Program: Background and Issues for Congress, December 17, 2015
Navy Virginia (SSN-774) Class Attack Submarine Procurement: Background and Issues for Congress, December 17, 2015
Navy Ford (CVN-78) Class Aircraft Carrier Program: Background and Issues for Congress, December 17, 2015
Navy TAO(X) Oiler Shipbuilding Program: Background and Issues for Congress, December 17, 2015
Navy LX(R) Amphibious Ship Program: Background and Issues for Congress, December 17, 2015
Navy Ohio Replacement (SSBN[X]) Ballistic Missile Submarine Program: Background and Issues for Congress, December 17, 2015
Air Force Aviation Investment, and More from CRS
The U.S. Air Force is attempting to develop and procure multiple major aircraft systems at the same time, generating programmatic and budgetary uncertainty.
“The United States Air Force is in the midst of an ambitious aviation modernization program, driven primarily by the age of its current aircraft fleets,” a new report from the Congressional Research Service observes. “Four major programs are in procurement, with five more in research and development (R&D).”
“The need to replace several types of aircraft simultaneously poses challenges to future budgets, as the new programs compete with existing program commitments and normal program growth under a restricted service topline.” The CRS report examined the options for addressing these challenges. See The Air Force Aviation Investment Challenge, December 11, 2015.
Other new and updated CRS reports that have been issued in the past few days include these:
Coast Guard Polar Icebreaker Modernization: Background and Issues for Congress, updated December 14, 2015
Coast Guard Cutter Procurement: Background and Issues for Congress, updated December 14, 2015
Navy Aegis Ballistic Missile Defense (BMD) Program: Background and Issues for Congress, updated December 11, 2015
Effect of Corinthian Colleges’ Closure on Student Financial Aid: Frequently Asked Questions, updated December 14, 2015
Medicaid Financing and Expenditures, updated December 14, 2015
Is the Penalty for Failing to Report Overseas Accounts (FBAR) Unconstitutional?, CRS Legal Sidebar, December 14, 2015
FDA Naturally Requests Public Comments on the Use of “Natural” on Food Labels, CRS Legal Sidebar, December 11, 2015
Cybersecurity: Legislation, Hearings, and Executive Branch Documents, updated December 10, 2015
Kuwait: Governance, Security, and U.S. Policy, updated December 11, 2015
The H-2B Visa and the Statutory Cap: In Brief, December 11, 2015
China-U.S. Trade Issues, updated December 13, 2015
Reducing Chronic Homelessness, and More from CRS
The number of chronically homeless persons in the U.S. dropped from more than 120,000 in 2008 to around 84,000 in 2014, a new report from the Congressional Research Service notes. The federal government has undertaken to end chronic homelessness by 2017.
“One of the reasons that federal programs have devoted resources to ending chronic homelessness is studies finding that individuals who experience it, particularly those with serious mental illness, use many expensive services often paid through public sources, including emergency room visits, inpatient hospitalizations, and law enforcement and jail time,” the CRS report said. “Even emergency shelter resources can be costly. In addition to potential ethical reasons for ending chronic homelessness, doing so could reduce costs in providing assistance to this population.”
See Chronic Homelessness: Background, Research, and Outcomes, December 8, 2015.
Other new and updated reports from the Congressional Research Service obtained by Secrecy News include the following.
Genetically Engineered Salmon, updated December 8, 2015
Legislative Actions to Repeal, Defund, or Delay the Affordable Care Act, updated December 9, 2015
Potential Policy Implications of the House Reconciliation Bill (H.R. 3762), December 9, 2015
Provisions of the Senate Amendment to H.R. 3762, December 9, 2015
Unemployment Insurance: Programs and Benefits, updated December 9, 2015
Crime Victims’ Rights Act: A Summary and Legal Analysis of 18 U.S.C. 3771, updated December 9, 2015
Crime Victims’ Rights Act: A Sketch of 18 U.S.C. 3771, December 9, 2015
Military Retirement: Background and Recent Developments, updated December 10, 2015
Immigration: Noncitizen Eligibility for Needs-Based Housing Programs, updated December 8, 2015
The Islamic State and U.S. Policy, updated December 8, 2015
Visa Waiver Program, and More from CRS
The Visa Waiver Program (VWP) allows foreign nationals from 38 countries to travel to the United States for up to 90 days without obtaining a visa. The travelers must still present a valid passport and meet certain other requirements. There were 20 million visitors who entered the United States under this program in FY 2013.
“Concerns have been raised about the ability of terrorists to enter the United States under the VWP, because those entering under the VWP undergo a biographic rather than a biometric (i.e., fingerprint) security screening, and do not need to interview with a U.S. government official before embarking to the United States,” a newly updated report from the Congressional Research Service observes.
“Nonetheless, it can be argued that the VWP strengthens national security because it sets standards for travel documents, requires information sharing between the member countries and the United States on criminal and security concerns, and mandates reporting of lost and stolen travel documents. In addition, most VWP travelers have to present e-passports (i.e., passports with a data chip containing biometric information), which tend to be more difficult to alter than other types of passports,” CRS wrote. See Visa Waiver Program, updated December 4, 2015.
The Visa Waiver Program was the subject of legislation to modify its requirements that passed in the House of Representatives yesterday. Among other things, the bill would exclude individuals who have visited Syria, Iraq, Iran, or Sudan since March 2011 from utilizing the visa waiver.
Other new or updated reports produced by the Congressional Research Service over the past week include the following.
Women in Combat: Issues for Congress, updated December 3, 2015
Fact Sheet: Selected Highlights of the FY2016 Defense Budget Debate and the National Defense Authorization Acts (H.R. 1735 and S. 1356), updated December 4, 2015
Venezuelan Opposition Wins December 2015 Legislative Elections, CRS Insight, December 7, 2015
Spain and Its Relations with the United States: In Brief, December 4, 2015
Selected Securities Legislation in the 114th Congress, December 4, 2015
EPA and the Army Corps’ Proposed Rule to Define “Waters of the United States”, updated December 3, 2015
Factors Related to the Use of Planned Parenthood Affiliated Health Centers (PPAHCs) and Federally Qualified Health Centers (FQHCs), December 3, 2015
District Court Holds Appropriations Language Limits Enforcement of Federal Marijuana Prohibition, CRS Legal Sidebar, December 4, 2015
Supreme Court to Decide Case with Important Implications for Tribal Authority Over Nonmembers, CRS Legal Sidebar, December 4, 2015
School Locker Rooms Become the New Battleground in the Gender (Identity) Wars, CRS Legal Sidebar, December 4, 2015
What to Expect from Paris Climate Talks, and More from CRS
The possible outcomes of the ongoing Paris climate change conference, and the challenges remaining to be overcome, are considered in a new report from the Congressional Research Service. See International Climate Change Negotiations: What to Expect in Paris, December 2015, November 27, 2015.
The shifting numbers of U.S. troops and contractors in Iraq and Afghanistan over the past eight years were compiled in another newly updated CRS report. “As of June 2015, there were almost 29,000 DOD contractor personnel in Afghanistan, compared to 9,060 U.S. troops,” the report said. “As of September 2015, there were 1,349 DOD contractor personnel in Iraq, compared with up to 3,550 U.S. troops.” See Department of Defense Contractor and Troop Levels in Iraq and Afghanistan: 2007-2015, December 1, 2015.
Another CRS report notes that there are currently 53 judicial vacancies in the nation’s 91 judicial districts, and that 25 of those vacancies are considered to be “judicial emergencies.” The situation is described in U.S. District and Circuit Court Vacancies: Overview and Comparative Analysis, CRS Insight, December 3, 2015.
“The federal executive branch controls an extensive real property portfolio that includes more than a quarter of a million owned and leased buildings,” according to another new CRS report. “The cost of operating and maintaining these diverse properties, which total more than 2.8 billion square feet, exceeded $21 billion in FY2014.” See Federal Real Property Data: Limitations and Implications for Oversight, November 25, 2015.
Other new and updated reports from the Congressional Research Service that Congress has declined to make publicly available online include the following.
Tying Up Loose Ends… Supreme Court To Evaluate Federal Firearm Provision Again, CRS Legal Sidebar, December 3, 2015
College and University Endowments: Overview and Tax Policy Options, December 2, 2015
State Management of Federal Lands: Frequently Asked Questions, November 12, 2015
The Enactment of Appropriations Measures During Lame Duck Sessions, updated December 2, 2015
Courts Grapple with States’ Efforts to Bar Medicaid Funds from Providers that Also Perform Abortions, CRS Legal Sidebar, December 2, 2015
Renewable Fuel Standard (RFS): Final Rule for 2014, 2015, and 2016, CRS Insight, December 2, 2015
Doubling Research and Development for Clean Energy: “Mission Innovation”, CRS Insight, December 1, 2015
Energy Efficiency and Renewable Energy (EERE): Authorizations of Appropriations Proposed by the Energy Policy Modernization Act of 2015 (S. 2012), November 25, 2015
Multilateral Development Banks: Overview and Issues for Congress, updated December 2, 2015
President Obama’s $1 Billion Foreign Aid Request for Central America, CRS Insight, November 25, 2015
Venezuela’s December 2015 Legislative Elections, CRS Insight, December 2, 2015
Marine Corps Amphibious Combat Vehicle (ACV) and Marine Personnel Carrier (MPC): Background and Issues for Congress, updated December 3, 2015
Corporate Expatriation, Inversions, and Mergers: Tax Issues, updated November 30, 2015
The Lobbying Disclosure Act at 20: Analysis and Issues for Congress, December 1, 2015
Federal Reserve: Oversight and Disclosure Issues, updated December 1, 2015