New and updated reports from the Congressional Research Service that Congress has not made publicly available include the following.

Hydraulic Fracturing: Selected Legal Issues, July 16, 2013

An Overview of Unconventional Oil and Natural Gas: Resources and Federal Actions, July 15, 2013

Legislative Branch: FY2014 Appropriations, July 16, 2013

The President’s Budget Request: Overview and Timing of the Mid-Session Review, July 16, 2013

Delay in Implementation of Potential Employer Penalties Under ACA, July 16, 2013

Clean Air Issues in the 113th Congress: An Overview, July 15, 2013

Trafficking in Persons in Latin America and the Caribbean, July 15, 2013

Arms Control and Nonproliferation: A Catalog of Treaties and Agreements, July 15, 2013

Rep. Barbara Lee requested and released a CRS memorandum on The 2001 Authorization for Use of Military Force, including a list of U.S. military actions that were initiated under AUMF authority.

A new report from the Congressional Research Service provides a detailed review of the Defense Production Act of 1950, which “confers upon the President a broad set of authorities to influence domestic industry in the interest of national defense.”

“The authorities can be used across the federal government to shape the domestic industrial base so that, when called upon, it is capable of providing essential materials and goods needed for the national defense.”  But unless extended by Congress, nearly all of these presidential authorities will expire next year.  See The Defense Production Act of 1950: History, Authorities, and Reauthorization, June 14, 2013.

Other new and updated CRS reports that have not been made publicly available by Congress include the following.

Reserve Component Personnel Issues: Questions and Answers, updated July 12, 2013

The New START Treaty: Central Limits and Key Provisions, updated July 12, 2013

ESEA Reauthorization Proposals in the 113th Congress: Comparison of Major Features, July 12, 2013

Broadband Loan and Grant Programs in the USDA’s Rural Utilities Service, updated July 12, 2013

Oman: Reform, Security, and U.S. Policy, July 12, 2013

 

It may be easier for litigants to mount a constitutional challenge to intelligence surveillance programs that gather U.S. data such as telephone and internet metadata now that those programs have been documented through leaks of classified records. Or, says a new report from the Congressional Research Service, it may not be.

Unlike previous cases, “the litigants in these newly filed lawsuits would appear to have a stronger argument for how they have been injured [than prior litigants did, and they] have evidence that the government is actually using its authority to gather data that is pertinent to the plaintiffs,” the CRS report said.

“However, the plaintiffs in these lawsuits may still have significant difficulties in establishing standing, as they have arguably not alleged that they have been specifically targeted by the government or injured in any concrete and particularized way by the government’s conduct,” the CRS author speculates. See Foreign Surveillance and the Future of Standing to Sue Post-Clapper, July 10, 2013.

Other new or newly updated CRS reports include the following.

Cluster Munitions: Background and Issues for Congress, July 9, 2013

Points of Order in the Congressional Budget Process, July 11, 2013

Europe’s Energy Security: Options and Challenges to Natural Gas Supply Diversification, July 11, 2013

Kuwait: Security, Reform, and U.S. Policy, July 10, 2013

A new report from the Congressional Research Service summarizes for Congress what is publicly known about the two National Security Agency surveillance programs that were disclosed by Edward Snowden and reported last month by The Guardian and The Washington Post.

“Since these programs were publicly disclosed over the course of two days in June, there has been confusion about what information is being collected and what authorities the NSA is acting under. This report clarifies the differences between the two programs and identifies potential issues that may help Members of Congress assess legislative proposals pertaining to NSA surveillance authorities.”

The CRS report does not present any new factual material concerning the surveillance programs. But it identifies some outstanding questions about them — the word “unclear” is used several times — and it formulates topics for congressional consideration.  See NSA Surveillance Leaks: Background and Issues for Congress, July 2, 2013.

Other new or newly updated CRS reports that Congress has not made publicly available include the following.

Ecuador: Political and Economic Conditions and U.S. Relations, July 3, 2013

China Naval Modernization: Implications for U.S. Navy Capabilities — Background and Issues for Congress, updated July 5, 2013

China-U.S. Trade Issues, updated July 3, 2012

China’s Economic Rise: History, Trends, Challenges, and Implications for the United States, updated July 3, 2013

U.S.-Taiwan Relationship: Overview of Policy Issues, updated July 2, 2013

Taiwan: Major U.S. Arms Sales Since 1990, updated July 3, 2013

A long-running personnel dispute at the Congressional Research Service offers up conflicting visions of the proper role of the congressional support agency, which provides policy and legal analysis to Congress.

In 2009, then-CRS Director Daniel Mulhollan fired then-CRS Division Chief Col. Morris Davis, a former Guantanamo prosecutor, after Davis publicly criticized the military commission process in an op-ed article in the Wall Street Journal.  (“CRS Fires a Division Chief,” Secrecy News, December 4, 2009)

By engaging in public controversy (even as a private citizen), Col. Davis had deviated from CRS norms, according to Library of Congress General Counsel Elizabeth Pugh.

“Because the sole mission of CRS is providing objective and non-partisan research and analysis to Congress to aid in the legislative process, CRS expects its employees to conduct themselves appropriately at all times and to exercise good judgment in the performance of their duties for the Congress. This include: dealings with the media and outside writing or speaking engagements. Hence, CRS staff members must avoid conduct that would undermine the appearance of objectivity and non-partisanship and adhere to established CRS procedures,” Ms. Pugh wrote in a December 2009 letter to the American Civil Liberties Union, which has represented Mr. Davis in a lawsuit against former CRS Director Mulhollan and the Library of Congress.

But the notion that analytical non-partisanship implies non-participation in matters of controversy is a misconception, wrote former CRS analyst Richard F. Grimmett in a ringing declaration filed June 28 in support of Mr. Davis.

“It is simply not possible for CRS analysts to do their job to provide Congress with an expert, non-partisan analysis of key issues without risking some controversy,” Mr. Grimmett wrote. “There is no fully neutral, totally non-controversial way to address the key elements of a contested policy issue.”

“CRS analysts cannot fulfill the mandate of their jobs to serve the U.S. Congress as non-partisan experts in their subject areas without addressing, in the course of their written and briefing work, issues that are highly charged politically,” he wrote.

As one example of a CRS product that generated “significant public controversy,” Mr. Grimmett cited a January 2006 memorandum on the Bush Administration’s warrantless surveillance program.  The CRS memorandum, which was widely reported in the press, concluded that it was “unlikely” that the program had been authorized by Congress. This finding left an intelligence committee chairman “extremely upset” — at the memorandum, not the surveillance program. (The cited memorandum may have had some additional resonance since the lawsuit brought by Morris Davis and the ACLU is being heard by Judge Reggie Walton, who is also the presiding judge of the Foreign Intelligence Surveillance Court.)

But the authors of that CRS memorandum were not chastised or disciplined, Mr. Grimmett noted.  On the contrary, their work was considered exemplary within CRS.

“CRS is charged in the Legislative Reorganization Act of 1970 with being a ‘non-partisan’ resource for the U.S. Congress,” Grimmett wrote. “That Act does not stipulate that CRS work products be neutral, but it does stipulate that CRS carry out its work ‘without partisan bias’.”

By contrast, the instruction given to CRS employees by then-CRS Director Mulhollan to maintain neutrality “was a vague and confusing directive lacking in appreciation of the political environment in which CRS analysts actually work, and the purpose for which CRS was established in the first place,” he wrote.

As appealing as Mr. Grimmett’s perspective may be, one could say that it too is “lacking in appreciation of the political environmental in which CRS analysts actually work.” It assumes that Congress truly wants an independent, critical analysis of divisive political issues.  But that may not be the case.  The Office of Technology Assessment, a sister agency to CRS, was famously disestablished by Congress in 1995 despite the generally high quality of its work, much of which retains value decades later.  And congressional leaders have been notably silent on the dispute between Mr. Davis and Mr. Mulhollan, implicitly siding with CRS management and the Library of Congress against Mr. Davis.  Congress also continues to irrationally insist that CRS reports, even though non-confidential, should not be publicly distributed online by CRS.

Meanwhile, the fact is that most CRS reports are not controversial in any sense.  In most cases, they provide a balanced, authoritative account of a current policy issue.  In some cases, as in many of the reports on U.S. arms sales authored by Mr. Grimmett in the course of his CRS career, they reflect privileged access to government information that is not available elsewhere.  In a few cases, CRS experts will render a judgment on a matter of public controversy.  It is the future of the latter category of reports that may be at stake in outcome of the Morris Davis proceeding.

“Due to the important but frequently divisive nature of the public policy and legal issues with which CRS analysts must grapple, it is not realistic to expect well-researched and factually-based reports and memoranda by CRS experts on such subjects to be neutral and to avoid generating controversy among political figures who may disagree with the substance of a non-partisan CRS product,” Mr. Grimmett wrote.

“To my knowledge, during my decades of service as a CRS analyst, the complaints lodged against CRS reports and memoranda were nearly always made because the analysis and commentaries in them in some manner did not lend support to the partisan view or political philosophy of the complaining staff person or member of Congress,” he wrote.

The latest CRS products include the following.

Pakistan: U.S. Foreign Assistance, updated July 1, 2013

Puerto Rico’s Political Status and the 2012 Plebiscite: Background and Key Questions, updated June 25, 2013

Cloture Attempts on Nominations: Data and Historical Development, updated June 26, 2013

Wildfire Management: Hotshot Crews, July 1, 2013

Col. Davis is set to testify today as a defense witness in the court martial of Pfc. Bradley Manning.

New and newly updated publications from the Congressional Research Service that Congress has withheld from online public access include the following.

Egypt: Background and U.S. Relations, updated June 27, 2013

Mixed-Oxide Fuel Fabrication Plant and Plutonium Disposition: Management and Policy Issues, June 25, 2013

Ballistic Missile Defense in the Asia-Pacific Region: Cooperation and Opposition, June 24, 2013

Constitutional Analysis of Suspicionless Drug Testing Requirements for the Receipt of Governmental Benefits, updated July 1, 2013

School Resource Officers: Law Enforcement Officers in Schools, June 26, 2013

President Obama’s Climate Action Plan, June 26, 2013

EPA Standards for Greenhouse Gas Emissions from Power Plants: Many Questions, Some Answers, June 26, 2013

Leaving Congress: House of Representatives and Senate Departures Data Since 1989, updated June 26, 2013

The Commodity Futures Trading Commission: Background and Current Issues, June 24, 2013

Tax Provisions Expiring in 2013 (“Tax Extenders”), updated June 27, 2013

Foreign Holdings of Federal Debt, updated June 24, 2013

Criminal Prohibitions on the Publication of Classified Defense Information, updated June 24, 2013

U.S. May Face Significant Obstacles in Attempt to Apprehend Edward Snowden, June 2013

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

Science and Technology Issues in the 113th Congress, June 20, 2013

What Is the Farm Bill?, June 21, 2013

Independent Counsels, Special Prosecutors, Special Counsels, and the Role of Congress, June 20, 2013

Transforming Government Acquisition Systems: Overview and Selected Issues, June 20, 2013

Taxation of Hedge Fund and Private Equity Managers, June 20, 2013

Systemically Important or “Too Big to Fail” Financial Institutions, June 19, 2013

Federal Pollution Control Laws: How Are They Enforced?, June 18, 2013

Foreign Investment in the United States: Major Federal Statutory Restrictions, June 17, 2013

Financial Aid for Students: Online Resources, June 17, 2013

Social Security Primer, June 17, 2013

Abortion: Judicial History and Legislative Response, June 14, 2013

Federal Laws Relating to Cybersecurity: Overview and Discussion of Proposed Revisions, June 20, 2013

U.S. Global Health Assistance: Background and Issues for the 113th Congress, June 21, 2013

FBI Director: Appointment and Tenure, May 30, 2013

U.S.-Vietnam Relations in 2013: Current Issues and Implications for U.S. Policy, June 19, 2013

U.S.-Cambodia Relations: Issues for the 113th Congress, June 19, 2013

Turkey: Background and U.S. Relations, June 21, 2013

The United Arab Emirates (UAE): Issues for U.S. Policy, June 18, 2013

Status of Federal Funding for State Implementation of Health Insurance Exchanges, June 19, 2013

Next Steps in Nuclear Arms Control with Russia: Issues for Congress, June 19, 2013

Newly updated reports from the Congressional Research Service include the following.

Armed Conflict in Syria: U.S. and International Response, June 14, 2013

Syria’s Chemical Weapons: Issues for Congress, June 14, 2013

U.S. Strategic Nuclear Forces: Background, Developments, and Issues, June 14, 2013

The Trans-Pacific Partnership Negotiations and Issues for Congress, June 17, 2013

New and updated reports from the Congressional Research Service that have been withheld by Congress from public distribution online include the following.

The United States and Europe: Responding to Change in the Middle East and North Africa, June 12, 2013

Israel: Background and U.S. Relations, June 12, 2013

U.S.-Mexican Security Cooperation: the Merida Initiative and Beyond, June 12, 2013

Foreign Assistance to North Korea, June 11, 2013

Cuba: U.S. Policy and Issues for the 113th Congress, June 12, 2013

Recess Appointments Made by President Barack Obama, June 11, 2013

A Brief Overview of Business Types and Their Tax Treatment, June 12, 2013

The Committee on Foreign Investment in the United States (CFIUS), June 12, 2013

Terrorism and Transnational Crime: Foreign Policy Issues for Congress, June 11, 2013

New and updated reports from the Congressional Research Service that have not been made readily available to the public include the following.

Comprehensive Nuclear-Test-Ban Treaty: Background and Current Developments, June 10, 2013

Trans-Pacific Partnership (TPP) Countries: Comparative Trade and Economic Analysis, June 10, 2013

Carbon Capture and Sequestration: Research, Development, and Demonstration at the U.S. Department of Energy, June 10, 2013

Unapproved Genetically Modified Wheat Discovered in Oregon: Status and Implications, June 7, 2013

Social Security Reform: Legal Analysis of Social Security Benefit Entitlement Issues, June 7, 2013

Social Security: The Trust Fund, June 4, 2013

Budget Issues Shaping a Farm Bill in 2013, June 3, 2013

Earthquake Risk and U.S. Highway Infrastructure: Frequently Asked Questions, June 5, 2013

Filling U.S. Senate Vacancies: Perspectives and Contemporary Developments, June 7, 2013

Guatemala: Political, Security, and Socio-Economic Conditions and U.S. Relations, May 16, 2013

“Fast Track” Legislative Procedures Governing Congressional Consideration of a Defense Base Closure and Realignment (BRAC) Commission Report, June 10, 2013

Gun Control Proposals in the 113th Congress: Universal Background Checks, Gun Trafficking, and Military Style Firearms, June 7, 2013

Homelessness: Targeted Federal Programs and Recent Legislation, June 7, 2013

Moldova: Background and U.S. Policy, June 5, 2013

The latest updates from the Congressional Research Service include the following items.

The Fair Labor Standards Act (FLSA): An Overview, June 4, 2013

International Climate Change Financing: The Climate Investment Funds (CIFs), June 3, 2013

International Environmental Financing: The Global Environment Facility (GEF), June 3, 2013

Iraq: Politics, Governance, and Human Rights, June 3, 2013

Crime and Forfeiture, May 13, 2013

New and updated reports from the Congressional Research Service that CRS is not authorized to release to the public include the following.

Closing the Guantanamo Detention Center: Legal Issues, May 30, 2013

“This report provides an overview of major legal issues likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer of Guantanamo detainees (either to a foreign country or into the United States), the continued detention of such persons in the United States, and the possible removal of persons brought into the country. It also discusses selected constitutional issues that may arise in the criminal prosecution of detainees, emphasizing the procedural and substantive protections that are utilized in different forums (i.e., federal courts, court-martial proceedings, and military commissions).”

Bangladesh Apparel Factory Collapse: Background in Brief, May 23, 2013

“The April 24, 2013, collapse of an eight-story garment factory, called Rana Plaza, in Dhaka, Bangladesh, resulted in the deaths of more than 1,100 workers. It is reportedly now considered the deadliest accident in the history of the apparel industry…. This report provides an overview of the recent tragedy in Bangladesh and the Bangladesh economic environment and culture. It also notes the responses to the tragedy, to date, from Congress, the Administration, the ILO [International Labor Organization], the Bangladesh government, and the private sector. Finally, it raises some possible issues for Congress.”

Who Regulates Whom and How? An Overview of U.S. Financial Regulatory Policy for Banking and Securities Markets, May 28, 2013

“This report provides an overview of the regulatory policies of the agencies that oversee banking and securities markets and explains which agencies are responsible for which institutions, activities, and markets. Some agencies regulate particular types of institutions for risky behavior or conflicts of interest, some agencies promulgate rules for certain financial transactions no matter what kind of institution engages in them, and other agencies enforce existing rules for some institutions, but not for others. These regulatory activities are not necessarily mutually exclusive.”

Airline Passenger Rights: The Federal Role in Aviation Consumer Protection, May 20, 2013

“The deregulation of the airline industry in the United States in 1978 eliminated most governmental control over most business practices of airlines. However, the federal government continues to regulate certain practices for the protection of the airlines’ customers, in addition to its long-standing role in overseeing air safety…. This report examines aviation consumer protections in the post-deregulation era. It explains the roles of Congress and the U.S. Department of Transportation (DOT) in protecting airline consumers, and discusses some major passenger rights issues and related laws and regulations.”

International Food Aid Programs: Background and Issues, May 20, 2013

“For almost six decades, the United States has played a leading role in global efforts to alleviate hunger and malnutrition and to enhance world food security through the sale on concessional terms or donation of U.S. agricultural commodities. The objectives for foreign food aid include providing emergency and humanitarian assistance in response to natural or manmade disasters, and promoting agricultural development and food security. In its FY2014 budget submission to Congress, the Administration proposes major changes in the funding and structure of both emergency and development food aid programs (Food for Peace Title II)….  The Administration’s proposals will be fiercely debated as Congress takes up the President’s budget request.”

Chile: Political and Economic Conditions and U.S. Relations, May 28, 2013

Latin America and the Caribbean: Fact Sheet on Economic and Social Indicators, May 30, 2013

The 2013 Farm Bill: A Comparison of the Senate Agriculture Committee-Reported Bill (S. 954) with Current Law, May 30, 2013

Military Parents and Child Custody: State and Federal Issues, May 31, 2013

The Federal Minimum Wage: In Brief, May 30, 2013

Congressional Gold Medals, 1776-2012, May 30, 2013

Syria’s Chemical Weapons: Issues for Congress, May 31, 2013