Haranguing in the Supreme Court, and More from CRS
If protesters are arrested for disrupting the proceedings of the U.S. Supreme Court through angry speech, is that a violation of their First Amendment rights? The question was analyzed by the Congressional Research Service. See Haranguing in the Court, CRS Legal Sidebar, October 6, 2015.
Other new and updated products of the Congressional Research Service issued in the past week include the following.
FinCEN’s Money Laudering Death Penalty Temporarily Blocked, CRS Legal Sidebar, October 6, 2015
The Internet Tax Freedom Act: In Brief, updated October 5, 2015
Emergency Relief for Disaster-Damaged Roads and Transit Systems: In Brief, updated October 2, 2015
Changes in the Arctic: Background and Issues for Congress, updated October 2, 2015
2015 Leaders’ Summit on U.N. Peacekeeping, CRS Insight, October 5, 2015
Pope Francis in Cuba, CRS Insight, October 2, 2015
Turkey: Background and U.S. Relations, updated October 5, 2015
Fact Sheet: Selected Highlights of the FY2016 National Defense Authorization Act (H.R. 1735 and S. 1376), updated October 2, 2015
Conventional Prompt Global Strike and Long-Range Ballistic Missiles: Background and Issues, updated October 2, 2015
Vetoes of Defense Authorization Bills, and More from CRS
If President Obama vetoes the pending FY2016 defense authorization bill, “it would mark the fifth time since 1961, when Congress enacted the first annual defense authorization bill, that a president has vetoed that measure,” according to the Congressional Research Service. See Presidential Vetoes of Annual Defense Authorization Bills, CRS Insight, October 1, 2015.
New and updated publications from the Congressional Research Service that were issued in the past week include the following.
Overview of the FY2016 Continuing Resolution (H.R. 719), October 1, 2015
Public Health Service Agencies: Overview and Funding (FY2010-FY2016), updated October 2, 2015
DHS Appropriations FY2016: Security, Enforcement and Investigations, October 2, 2015
Poland and Its Relations with the United States: In Brief, September 30, 2015
State, Foreign Operations, and Related Programs: FY2016 Budget and Appropriations, updated October 1, 2015
U.S. Agricultural Trade with Cuba: Current Limitations and Future Prospects, updated October 1, 2015
How Treasury Issues Debt, updated October 1, 2015
Disconnected Youth: A Look at 16 to 24 Year Olds Who Are Not Working or In School, updated October 1, 2015
Kuwait: Governance, Security, and U.S. Policy, updated October 1, 2015
Yemen: Civil War and Regional Intervention, updated October 2, 2015
High School Debates on Surveillance Informed by CRS
The Congressional Research Service has produced a bibliography on domestic surveillance to support this year’s national high school debate program which is devoted to that subject.
“Resolved: The United States Federal Government Should Substantially Curtail Its Domestic Surveillance” is the topic that was selected for the 2015-2016 high school debate by representatives of the National Federation of State High School Associations.
The Librarian of Congress is directed by law (44 USC 1333) to “prepare compilations of pertinent excerpts, bibliographical references, and other appropriate materials” relating to the annual high school and college debates. So CRS (a component of the Library of Congress) has fulfilled that requirement, providing citations to contrasting perspectives on surveillance in news stories, books, law review articles, websites, and non-governmental organizations.
“The conflict between national security objectives and privacy became a popular topic for debate when it was disclosed in June 2013, by former defense contractor Edward Snowden, that the National Security Agency was engaging in extensive surveillance inside the United States in order to fight crime and to reduce the threat of terrorism,” according to the CRS introduction to the document.
“The magnitude of the disclosure shocked many people, including Members of Congress, who were unaware of the extent of the surveillance. Many civil rights advocates viewed the surveillance as an assault on liberty, while law enforcement and national security officials saw the programs as essential weapons in the war on terror, the fight against nuclear weapons proliferation, and the general protection of U.S. national security.”
“In selecting items for inclusion in this bibliography, CRS has sampled a wide spectrum of opinions reflected in the current literature on this issue,” CRS director Mary B. Mazanec wrote in a Foreword.
“No preference for any policy is indicated by the selection or positioning of articles, books, or websites cited, nor is CRS disapproval of any policy, position or article to be inferred from its omission,” she wrote.
See Compilation of References on Domestic Surveillance for National High School Debate, 2015-2016, Congressional Research Service, August 2015.
The CRS document is unobjectionable, but it has some peculiarities.
A prominent typographical error on the title pages repeatedly misstates the debate topic to read “The United States federal government should substantially curtain [sic] its domestic surveillance.”
The bibliography includes the titles of six surveillance-related reports that were produced by the Congressional Research Service itself. CRS does not acknowledge that each of these reports has been posted online and may be easily obtained. Instead, the bibliography disingenuously advises that they “are available by way of a request to your Member of Congress.” The notion that hundreds or thousands of high school students are actually going to contact their congressional offices for copies of CRS reports that can be instantly located by an online search, or that the offices would promptly and reliably provide them, is hard to credit.
The subject of domestic surveillance was chosen for the annual national high school debate program over other proposed topics including income inequality, criminal justice reform, and government authority over Indian country.
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New and updated CRS reports that were issued over the past week include the following.
Poverty in the United States in 2014: In Brief, September 30, 2015
EPA’s New Ozone Standards: A Few Thoughts, CRS Insight, September 29, 2015
Emerging Markets: Is Slower Growth Temporary?, CRS Insight, September 29, 2015
Zivotofsky v. Kerry: The Jerusalem Passport Case and Its Potential Implications for Congress’s Foreign Affairs Powers, updated September 28, 2015
Abortion, Hospital Admitting Privileges, and Whole Woman’s Health v. Cole, September 25, 2015
The Pregnancy Discrimination Act and the Supreme Court: A Legal Analysis of Young v. United Parcel Service, September 25, 2015
The Lord’s Resistance Army: The U.S. Response, updated September 28, 2015
Mexico’s Oil and Gas Sector: Background, Reform Efforts, and Implications for the United States, updated September 28, 2015
Direct Overt U.S. Aid Appropriations for and Military Reimbursements to Pakistan, FY2002-FY2016, updated September 30, 2015
Puerto Rico’s Current Fiscal Challenges, updated September 25, 2015
Can Creditors Enforce Terrorism Judgments Against Cuba?, CRS Legal Sidebar, September 29, 2015
Iran’s Foreign Policy, updated September 25, 2015
Navy Irregular Warfare and Counterterrorism Operations: Background and Issues for Congress, updated September 25, 2015
Holding Contractors Accountable, and More from CRS
When government contractors fail to fulfill a contract or engage in some form of misconduct, there are various ways to hold them legally accountable, a new reportfrom the Congressional Research Service explains.
“This report provides an overview of selected legal mechanisms that the federal government could rely upon in holding contractors accountable for deficiencies in their performance under the contract, or for other misconduct. Not all of these mechanisms involve ‘penalties’ as that term is generally understood. In some cases, the controlling legal authority expressly provides that the government may take certain actions only to protect the government’s interest, and ‘not for purposes of punishment.’ However, in all cases, the government’s action represents a consequence of and response to the contractor’s delinquencies, and could be perceived as punitive by the contractor or other parties.”
“The report does not address prosecution of government contractors, although it is important to note that contractors could be subject to criminal penalties for misconduct related to contract performance or otherwise.”
“Also, the discussion of the government’s potential mechanisms for holding contractors accountable in this report should not be taken to mean that contractors and contractor employees are more likely to fail to perform or engage in misconduct than government employees. That is a separate debate, outside the scope of this report,” CRS said. See Legal Mechanisms Whereby the Government Can Hold Contractors Accountable, September 23, 2015.
Other new and updated reports from the Congressional Research Service that were published last week — but not publicly released — include the following.
The FY2016 Continuing Resolution (H.J. Res 61), CRS Insight, September 23, 2015
Economic Effects of the FY2014 Shutdown, CRS Insight, September 24, 2015
Federal Support for Reproductive Health Services: Frequently Asked Questions, updated September 25, 2015
Congressional Redistricting: Legal and Constitutional Issues, September 22, 2015
DOT’s Federal Pipeline Safety Program: Background and Key Issues for Congress, September 22, 2015
Copyright Licensing in Music Distribution, Reproduction, and Public Performance, updated September 22, 2015
The Help America Vote Act and Election Administration: Overview and Issues, updated September 22, 2015
Legal Issues with Federal Labeling of Genetically Engineered Food: In Brief, updated September 22, 2015
U.S. Trade in Services: Trends and Policy Issues, updated September 22, 2015
A Framework for Understanding Health Insurance Consolidations, CRS Insight, September 22, 2015
Navy Littoral Combat Ship (LCS)/Frigate Program: Background and Issues for Congress, updated September 23, 2015
Navy Virginia (SSN-774) Class Attack Submarine Procurement: Background and Issues for Congress, updated September 23, 2015
Navy Ohio Replacement (SSBN[X]) Ballistic Missile Submarine Program: Background and Issues for Congress, updated September 23, 2015
Navy Ford (CVN-78) Class Aircraft Carrier Program: Background and Issues for Congress, updated September 22, 2015
Navy DDG-51 and DDG-1000 Destroyer Programs: Background and Issues for Congress, updated September 22, 2015
Navy LX(R) Amphibious Ship Program: Background and Issues for Congress, updated September 22, 2015
Navy Force Structure and Shipbuilding Plans: Background and Issues for Congress, updated September 21, 2015
A Shift in the International Security Environment: Potential Implications for Defense — Issues for Congress, updated September 24, 2015
The Chinese Military, and More from CRS
New and updated publications from the Congressional Research Service obtained by Secrecy News include the following.
The Chinese Military: Overview and Issues for Congress, September 18, 2015
Maritime Territorial and Exclusive Economic Zone (EEZ) Disputes Involving China: Issues for Congress, updated September 18, 2015
China Naval Modernization: Implications for U.S. Navy Capabilities — Background and Issues for Congress, updated September 15, 2015
Guatemala: President Pérez Resigns; Runoff Presidential Election on October 25, CRS Insight, September 17, 2015
Russian Deployments in Syria Complicate U.S. Policy, CRS Insight, September 18, 2015
Extreme Weather Events and Government Compensation, CRS Legal Sidebar, September 22, 2015
Third Circuit Affirms the FTC’s Authority to Regulate Data Security as an Unfair Trade Practice, CRS Legal Sidebar, September 21, 2015
Credit Union’s Plan to Serve the Marijuana Industry Goes Up in Smoke, CRS Legal Sidebar, September 21, 2015
Is There a Gap in Insider Trading Coverage for Hacking?, CRS Legal Sidebar, September 18, 2015
Vulnerable Youth: Employment and Job Training Programs, September 16, 2015
Insurance Regulation: Background, Overview, and Legislation in the 114th Congress, September 16, 2015
Copyright Law Restrictions on a Consumer’s Right to Repair Cars and Tractors, CRS Legal Sidebar, September 18, 2015
The Fifth Amendment in Congressional Investigations, and More from CRS
How should a congressional committee respond when a witness before the Committee asserts his Fifth Amendment privilege against self-incrimination, and refuses to provide the testimony or documents sought by investigators?
The options available to the Committee were discussed by the Congressional Research Service in a new memorandum. See The Fifth Amendment in Congressional Investigations, CRS Legal Sidebar, September 11, 2015.
Other new and updated CRS publications include the following.
Election in Greece, CRS Insight, September 14, 2015
OSHA Proposed Rule Contradicts D.C. Circuit Decision, CRS Legal Sidebar, September 14, 2015
Confederate License Plates are Government Speech, Rules Supreme Court, CRS Legal Sidebar, September 14, 2015
“Just Mayo” Just Isn’t, Warns FDA, CRS Legal Sidebar, September 14, 2015
District Court Holds House has Standing to Pursue Portions of ACA Lawsuit, CRS Legal Sidebar, September 11, 2015
Jim Thorpe’s Tribe and Sons Continue Fight against the Borough of Jim Thorpe, Pennsylvania, CRS Legal Sidebar, September 11, 2015
The FY2014 Government Shutdown: Economic Effects, updated September 11, 2015
The Debt Limit Since 2011, updated September 11, 2015
Surface Transportation Program Reauthorization Issues for Congress, updated September 11, 2015
Procedures for Congressional Action in Relation to a Nuclear Agreement with Iran: In Brief, updated September 11, 2015
Abortion: Judicial History and Legislative Response, updated September 11, 2015
The United Arab Emirates (UAE): Issues for U.S. Policy, updated September 14, 2015
Drones, Pope Francis, Encryption, and More from CRS
A new report from the Congressional Research Service looks at the commercial prospects for the emerging drone industry.
“It has been estimated that, over the next 10 years, worldwide production of UAS for all types of applications could rise from $4 billion annually to $14 billion. However, the lack of a regulatory framework, which has delayed commercial deployment, may slow development of a domestic UAS manufacturing industry,” the report said. See Unmanned Aircraft Systems (UAS): Commercial Outlook for a New Industry, September 9, 2015.
In advance of the September 22–27 visit to the United States by Pope Francis, another new CRS report “provides Members of Congress with background information on Pope Francis and a summary of a few selected global issues of congressional interest that have figured prominently on his agenda.” See Pope Francis and Selected Global Issues: Background for Papal Address to Congress, September 8, 2015.
Another new report from CRS on encryption and law enforcement presents “an overview of the perennial issue involving technology outpacing law enforcement and discusses how policy makers and law enforcement officials have dealt with this issue in the past.” See Encryption and Evolving Technology: Implications for U.S. Law Enforcement, September 8, 2015.
Other new and newly updated publications from the Congressional Research Service include the following.
Syrian Refugee Admissions to the United States, CRS Insight, September 10, 2015
An Analysis of Efforts to Double Federal Funding for Physical Sciences and Engineering Research, updated September 8, 2015
Cybersecurity: Data, Statistics, and Glossaries, updated September 8, 2015
Cybersecurity: Legislation, Hearings, and Executive Branch Documents, updated September 8, 2015
The EMV Chip Card Transition: Background, Status, and Issues for Congress, updated September 8, 2015
Cyprus: Reunification Proving Elusive, udpated September 10, 2015
Saudi Arabia: Background and U.S. Relations, updated September 8, 2015
Jordan: Background and U.S. Relations, updated September 10, 2015
Iran Nuclear Agreement, updated September 9, 2015
Statutory Qualifications for Executive Branch Positions, updated September 9, 2015
Federal Reserve: Emergency Lending, September 8, 2015
Modifying Arms Control Agreements, and More from CRS
Although it is theoretically possible to do so, the Senate has never imposed changes to an arms control treaty as a condition of ratification, according to a new Congressional Research Service report.
“The Senate has never conditioned consent to an arms control treaty’s ratification on changes in the terms of the agreement,” CRS said.
“In most cases, the conditions adopted during the Senate review were attached to resolutions of ratification and affected only U.S. activities, programs, and policies.” See Arms Control Ratification: Opportunities for Modifying Agreements, CRS Insights, September 2, 2015.
Another new CRS publication looks at the history of renegotiating arms control agreements, in the context of congressional debate over the pending Iran nuclear agreement.
“In the past 60 years, the United States has signed around 20 arms control agreements that affected U.S. weapons programs or military activities. In this period, the Senate has voted against giving its advice and consent to ratification of a treaty only once,” i.e. in the case of the Comprehensive Test Ban Treaty.
“It has, on three other occasions, not voted on treaties when it likely would have rejected the treaty. In only one of these three cases did the United States return to the negotiating table and modify the agreement to address the Senate’s concerns.”
In the latter case, which involved the Threshold Test Ban Treaty, “the new negotiations delayed [the Treaty’s] entry into force by nearly 15 years.” See Renegotiating Arms Control Agreements: A Brief Review, CRS Insights, September 2, 2015.
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Three emerging technologies for defense of U.S. Navy surface ships are reviewed in a new report from the Congressional Research Service: shipboard lasers, the electromagnetic railgun, and hypervelocity projectile weapons.
“Any one of these new weapon technologies, if successfully developed and deployed, might be regarded as a ‘game changer’ for defending Navy surface ships against enemy missiles.”
“If two or three of them are successfully developed and deployed, the result might be considered not just a game changer, but a revolution,” the CRS report said.
“Rarely has the Navy had so many potential new types of surface-ship missile-defense weapons simultaneously available for development and potential deployment.”
However, any or all of the technologies might still prove to be a dead-end, and each still faces significant development hurdles. “Overcoming these challenges will likely require years of additional development work, and ultimate success in overcoming them is not guaranteed.”
The policy decision facing Congress today is therefore which if any of these approaches merits funding, and at what level. See Navy Lasers, Railgun, and Hypervelocity Projectile: Background and Issues for Congress, September 2, 2015.
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The United States currently offers safe haven, or “temporary protected status,” to 5,000 Syrian nationals who have sought refuge from the conflict in that country. Altogether, the U.S. offers similar temporary protection to over 300,000 foreign nationals from 12 countries, a newly updated CRS report said. See Temporary Protected Status: Current Immigration Policy and Issues, updated September 2, 2015.
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Other new or updated reports from the Congressional Research Service include the following.
Long Range Strike Bomber Begins to Emerge, CRS Insights, September 2, 2015
What Does the Latest Court Ruling on NSA Telephone Metadata Program Mean?, CRS Legal Sidebar, September 3, 2015
Is Global Growth Slowing?, CRS Insights, September 2, 2015
Essential Air Service (EAS), September 3, 2015
Across-the-Board Rescissions in Appropriations Acts: Overview and Recent Practices, updated September 2, 2015
Coast Guard Polar Icebreaker Modernization: Background and Issues for Congress, updated September 2, 2015
How Many Drones for DoD?, and More from CRS
The Department of Defense reportedly expects to increase its use of unmanned aerial systems (“drones”) by nearly 50% in the next few years. At the same time, however, the rate of DoD’s procurement of drones is projected to decline sharply from FY2016-2020.
The Congressional Research Service takes note of the seeming contradiction and proposes several possible explanations to resolve it. See How Many UAVs for DoD?, CRS Insights, August 27, 2015.
Other new and updated CRS publications that became public last week include the following.
Policy Implications of the Internet of Things, CRS Insights, August 25, 2015
Health Insurance: Small is the New Large, CRS Insights, August 26, 2015
Gold King Mine Spill May Renew Interest in “Good Samaritan” Legislation, CRS Insights, August 27, 2015
Financial Regulatory Improvement Act Included in Senate Appropriations Bill, CRS Insights, August 27, 2015
Terrorism Victims Sue to Enjoin Sanctions Relief under the Iran Nuclear Agreement, CRS Legal Sidebar, August 27, 2015
District of Columbia: A Brief Review of Provisions in District of Columbia Appropriations Acts Restricting the Funding of Abortion Services, updated August 27, 2015
Drug Testing and Crime-Related Restrictions in TANF, SNAP, and Housing Assistance, updated August 28, 2015
The Patient Protection and Affordable Care Act’s Essential Health Benefits (EHB), August 27, 2015
Navy Ship Names: Background For Congress, updated August 26, 2015
The “Cadillac Tax,” Congress 101, and More from CRS
Several new reports from the Congressional Research Service examine the implications of the 40% excise tax on high-cost employer-sponsored health care coverage, known as the “Cadillac tax,” that will take effect in 2018.
Excise Tax on High-Cost Employer-Sponsored Health Coverage: In Brief, August 14, 2015
The Excise Tax on High-Cost Employer-Sponsored Health Insurance: Estimated Economic and Market Effects, August 20, 2015
The Excise Tax on High-Cost Employer-Sponsored Health Coverage: Background and Economic Analysis, August 20, 2015
Other newly-updated CRS reports introduce the basic legislative functions of Congress, perhaps for novice Members and staff.
Resolving Legislative Differences in Congress: Conference Committees and Amendments Between the Houses, August 3, 2015
House Committee Hearings: Preparation, August 25, 2015
House Committee Hearings: Arranging Witnesses, August 25, 2015
House Committee Hearings: Scheduling and Notification, August 25, 2015
Calendars of the House of Representatives, August 25, 2015
Pairing in Congressional Voting: The House, August 25, 2015
Quorum Requirements in the House: Committee and Chamber, August 25, 2015
Amendments in the Senate: Types and Forms, August 25, 2015
Amendments in the House: Types and Forms, August 21, 2015
How Measures Are Brought to the Senate Floor: A Brief Introduction, August 5, 2015
Introducing a House Bill or Resolution, August 6, 2015
House Committee Hearings: Witness Testimony, August 10, 2015
Types of Committee Hearings, August 10, 2015
Delegates to the U.S. Congress: History and Current Status, August 25, 2015
Intelligence Contractor Oversight, and More from CRS
Effective oversight of intelligence community contractors is a particularly difficult exercise since the reliability of official data on contractor activities is uncertain and most of it is classified and inaccessible to outsiders, a new report from the Congressional Research Service explains.
“Contractors have been and are an integral part of the intelligence community’s (IC’s) total workforce (which also includes federal employees and military personnel). Yet questions have been raised regarding how they are used, and the size and cost of the contractor component.”
The new CRS report “describes several initiatives designed, or used, to track contractors or contractor employees. [It also] addresses the questions of whether IC contractor personnel are performing inherently governmental functions and whether the IC’s acquisition workforce is equipped to monitor contractors performing critical functions….”
The CRS report itself was prepared without access to classified data on the role of contractors, so it sheds no new factual light on the subject. Instead, it summarizes the recent literature on internal IC contractor management and congressional oversight of IC contractors. See The Intelligence Community and Its Use of Contractors: Congressional Oversight Issues, August 18, 2015.
Dozens of other new and updated CRS reports were obtained and posted online last week, including these:
The Greek Debt Crisis: Overview and Implications for the United States, August 19, 2015
China’s Currency Devaluation, CRS Insights, August 17, 2015
Powering Africa: Challenges of and U.S. Aid for Electrification in Africa, August 17, 2015
Unaccompanied Alien Children: An Overview, updated August 18, 2015
Mandatory Minimum Sentencing: Federal Aggravated Identity Theft, updated August 20, 2015
Medal of Honor: History and Issues, updated August 18, 2015
Sentence for Killing a Bald Eagle Found Too Severe and Unauthorized, CRS Legal Sidebar, August 18, 2015
Biopower: Background and Federal Support, updated August 14, 2015
California Drought: Hydrological and Regulatory Water Supply Issues, updated August 14, 2015
Automatic Continuing Resolutions: Background and Overview of Recent Proposals, August 20, 2015
“Who is a Veteran?” — Basic Eligibility for Veterans’ Benefits, updated August 19, 2015
Afghanistan: Post-Taliban Governance, Security, and U.S. Policy, updated August 17, 2015
Women in Combat: Issues for Congress, updated August 18, 2015
Comprehensive Nuclear-Test-Ban Treaty: Background and Current Developments, updated August 14, 2015
Not new, but of renewed current interest is Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents, January 10, 2012.
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The long-term vitality of the Congressional Research Service is threatened by Congress’s repeated refusals to appropriate the modest budget increases ($5 million in FY2016) that the agency has requested in recent years. Reductions in the quality of CRS publications and in the depth of staff expertise are foreseeable.
Other congressional support agencies and professional staff face similar curbs on funding, to the detriment of the legislative process.
“Why would Congress cannibalize its own legislative and creative capacity?” ask political science professors Anthony Madonna and Ian Ostrander. See “If Congress keeps cutting its staff, who is writing your laws? You won’t like the answer,” Washington Post, August 20.
Countering the Islamic State, and More from CRS
Some 60 nations and partner organizations have made commitments to help counter the Islamic State with military forces or resources, according to a new report from the Congressional Research Service.
But coalition efforts suffer from a lack of coherence, CRS said. “Without a single authority responsible for prioritizing and adjudicating between different multinational civilian and military lines of effort, different actors often work at cross-purposes without intending to do so.”
CRS tabulated the contributions of each of the coalition partners by country and capability. “Each nation is contributing to the coalition in a manner commensurate with its national interests and comparative advantage, although reporting on nonmilitary contributions tends to be sporadic,” the report said.
“Some illustrative examples of the kinds of counter-IS assistance countries provided as the coalition was being formed in September 2014 include: Switzerland’s donation $9 million in aid to Iraq, Belgium’s contribution of 13 tons of aid to Iraq generally, Italy’s contribution of $2.5 million of weaponry (including machine guns, rocket-propelled grenades and a million rounds of ammunition), and Japan’s granting of $6 million in emergency aid to specifically help displaced people in Northern Iraq.” See Coalition Contributions to Countering the Islamic State, August 4, 2015.
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The history and legal status of the U.S. military base in Guantanamo Bay were reviewed in another new CRS report.
“The origins of the U.S. military installation at Guantanamo Bay, Cuba, lie in the execution of military operations during the Spanish-American War of April-August of 1898,” the report explained. Subsequent lease agreements signed in 1903 and 1934 “acknowledged Cuban sovereignty” over the site of the military base “but granted to the United States ‘complete jurisdiction and control over’ the property as long as it remained occupied.”
The existing leases “can only be modified or abrogated pursuant to an agreement between the United States and Cuba. The territorial limits of the naval station remain as they were in 1934 unless the United States abandons Guantanamo Bay or the two governments reach an agreement to modify its boundaries. While there appears to be no consensus on whether the President can modify the agreement alone, Congress is empowered to alter by statute the effect of the underlying 1934 treaty. There is no current law that would expressly prohibit the negotiation of lease modifications with the existing government of Cuba.”
However, “Congress has imposed practical impediments to closing the naval station by, for example, restricting the transfer of detainees from Guantanamo Bay to foreign countries.” See Naval Station Guantanamo Bay: History and Legal Issues Regarding Its Lease Agreements, August 4, 2015.
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Many of the issues raised by the pending Iran nuclear agreement that Congress is likely to consider were itemized and described in another new CRS report obtained by Secrecy News.
“These issues include those related to monitoring and enforcing the agreement itself, how the sanctions relief provided by the agreement would affect Iran’s regional and domestic policies, the implications for regional security, and the potential for the agreement to change the course of U.S.-Iran relations,” the report said.
See Iran Nuclear Agreement: Selected Issues for Congress, August 6, 2015.
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Other new and updated CRS reports that Congress has declined to make publicly available online include the following.
Procedures for Congressional Action in Relation to a Nuclear Agreement with Iran: In Brief, updated August 5, 2015
Iran Sanctions, updated August 4, 2015
History of the Navy UCLASS (Unmanned Carrier Launched Airborne Surveillance and Strike aircraft) Program Requirements: In Brief, August 3, 2015
Federal Support for Reproductive Health Services: Frequently Asked Questions, August 4, 2015
Fetal Tissue Research: Frequently Asked Questions, July 31, 2015
The Genetic Information Nondiscrimination Act of 2008 (GINA), updated August 6, 2015
Specialty Drugs: Background and Policy Concerns, August 3, 2015
Social Security: The Trust Funds, updated August 5, 2015
Medicare Financial Status: In Brief, updated August 10, 2015
Presidential Permit Review for Cross-Border Pipelines and Electric Transmission, August 6, 2015
EPA’s Clean Power Plan: Highlights of the Final Rule, August 14, 2015
Libya: Transition and U.S. Policy, updated August 3, 2015
U.S. Trade Concepts, Performance, and Policy: Frequently Asked Questions, updated August 3, 2015
National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background, updated July 31, 2015
Nuclear Cooperation with Other Countries: A Primer, updated August 5, 2015