Immigration, Trade, and More from CRS

During FY 2016, the Department of Homeland Security detained 352,880 noncitizens, the Congressional Research Service noted in a newly updated report, citing the most recent DHS statistics. See A Primer on U.S. Immigration Policy, June 22, 2018.

Other recently issued CRS reports include the following.

Enforcing U.S. Trade Laws: Section 301 and China, CRS In Focus, June 25, 2018

Debates over Exchange Rates: Overview and Issues for Congress, updated June 22, 2018

U.S. Global Health Assistance: FY2001-FY2019 Request, updated June 22, 2018

The G-7 Summit in Charlevoix, Canada: Changing U.S. Leadership in Global Forums, CRS Insight, June 25, 2018

The United Arab Emirates (UAE): Issues for U.S. Policy, updated June 22, 2018

Hemp as an Agricultural Commodity, updated June 22, 2018

CRS Previews Public Release of its Reports

The Congressional Research Service said this week that it will begin publishing some of its non-confidential reports on a publicly accessible congressional website by September 18, as required by the Consolidated Appropriations Act that was signed into law last March 23.

“For the initial public release, the Library will make available in PDF format all of CRS’s R-series of ‘active’ reports that were published since the enactment date, as well as the Appropriations Status Table,” CRS said in a new memorandum for congressional staff.

The “R-series” refers to the primary CRS reports that have a report number beginning with R. It does not include CRS Insights, Legal Sidebars, or In Focus reports.

Over time, older R-series reports as well as some other product lines will be added to the public collection, CRS said.

“The Library and CRS are additionally committed to presenting the full inventory of reports appearing on CRS.gov on the public website as soon as is practicable (with a full migration targeted for completion by spring 2019). After the R-series reports are published, the Library will work to make other written products, such as In Focus products, available.”

The public website, which is not yet live, will be at www.congress.gov/crsreports. Update 09/18/18: The CRS public portal is now here: https://crsreports.congress.gov/.

The official public versions of the CRS reports will be lightly redacted to exclude contact information for the CRS authors.

See Public Release of CRS Reports: FAQ for Congressional Staff, June 2018.

The pending policy change applies only to non-confidential CRS reports. Research projects that are performed for individual offices or on a confidential basis will not be posted on the public website.

In recent report language, the Senate Appropriations Committee directed CRS to perform outreach “to ensure that the Congressional community is aware that… longstanding confidentiality assurances will continue unchanged.”

The new FAQ fulfills that directive with a statement that “The law does not change the mission or focus of CRS. The law does not affect the confidentiality of congressional requests or responses (such as confidential memoranda). It does not allow congressional requests or confidential responses to be made available to the public.”

Since with few exceptions most non-confidential CRS reports are already in the public domain, the new policy is somewhat anti-climactic at this point. But it is fitting and proper that CRS reports should also be available on a congressional website.

Meanwhile, new and updated reports from the Congressional Research Service that have not yet been officially disclosed include the following.

Recent Violent Crime Trends in the United States, June 20, 2018

Indexing Capital Gains Taxes for Inflation, June 18, 2018

Renewable Energy R&D Funding History: A Comparison with Funding for Nuclear Energy, Fossil Energy, Energy Efficiency, and Electric Systems R&D, updated June 18, 2018

Lebanon, updated June 19, 2018

Economic and Fiscal Conditions in the U.S. Virgin Islands, June 20, 2018

The Purple Heart: Background and Issues for Congress, updated June 21, 2018

Military Enjoined from Transferring American ISIS Suspect to Foreign Country–at Least for NowCRS Legal Sidebar, June 20, 2018

Laws on Aliens at the Border, and More from CRS

“The situation at the border and U.S. immigration authorities’ response to it has prompted significant attention and, in some cases, confusion regarding the governing laws and policies,” the Congressional Research Service said with some understatement in a new brief.

The CRS document reviews the laws on admission and exclusion of aliens at the U.S. border, including detention, asylum, and treatment of unaccompanied children. See An Overview of U.S. Immigration Laws Regulating the Admission and Exclusion of Aliens at the Border, CRS Legal Sidebar, June 15, 2018.

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

North Korea: Legislative Basis for U.S. Economic Sanctions, updated June 11, 2018

Ebola: Democratic Republic of Congo, CRS Insight, June 12, 2018

The Committee on Foreign Investment in the United States (CFIUS), updated June 19, 2018

Intelligence Community Spending: Trends and Issues, updated June 18, 2018

The Opioid Epidemic, and More from CRS

The annual number of drug overdose deaths in the United States involving opioids has more than quadrupled since 1999, a new report from the Congressional Research Service notes.

“CDC estimates that in 2016, more than 63,000 people died from a drug overdose, and more than 42,000 of these deaths involved prescription or illicit opioids.” See The Opioid Epidemic and the Food and Drug Administration: Legal Authorities and Recent Agency Action, June 5, 2018.

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

Increase in Illicit Fentanyl Overdose Deaths, CRS Insight, June 6, 2018

Capital Markets, Securities Offerings, and Related Policy Issues, June 8, 2018

The Rise and Decline of the Alien Tort Statute, CRS Legal Sidebar, June 6, 2018

Intelligence Planning, Programming, Budgeting and Evaluation Process (IPPBE), CRS In Focus, May 30, 2018

Recent Trends in Active-Duty Military Deaths, CRS In Focus, June 1, 2018

Expedited Citizenship through Military Service, CRS In Focus, May 11, 2018

Egypt: Background and U.S. Relations, updated June 7, 2018

Department of State, Foreign Operations and Related Programs: FY2019 Budget and Appropriations, updated June 8, 2018

How to Develop and Write a Grant Proposal, updated June 7, 2018

Iran Asks US Supreme Court to Help Protect Its Assets

Iran’s central bank has filed a petition with the U.S. Supreme Court seeking to overturn a lower court ruling that would have transferred Iranian funds to the U.S. and made them potentially available for awards to victims of terrorism.

At issue is the legal interpretation of the Foreign Sovereign Immunities Act. A new brief from the Congressional Research Service provides background on the matter. See Iran’s Central Bank Asks Supreme Court to Consider Whether the Bank’s Assets Abroad are Immune from Attachment to Satisfy Terror Judgments by Jennifer K. Elsea, CRS Legal Sidebar, May 30, 2018.

Other new publications from the Congressional Research Service include the following.

Sidewalks, Streets, and Tweets: Is Twitter a Public Forum?CRS Legal Sidebar, May 30, 2018

(Robo)Call Me Maybe: Robocalls to Wireless Phones Under the Telephone Consumer Protection ActCRS Legal Sidebar, May 29, 2018

The Role of the Office of National Drug Control Policy (ONDCP)CRS Insight, June 1, 2018

The House Journal: Origin, Purpose, and Approval, May 31, 2018

Federal Grants and Loans for State and Local Emergency Communications Projects: Frequently Asked Questions, June 1, 2018

Federal Aviation Administration (FAA) Reauthorization Issues and Debate in the 115th Congress, May 29, 2018

U.S. Department of State Personnel: Background and Selected Issues for Congress, May 18, 2018

Withdrawal from Iran Nuclear Deal: A Legal Analysis

The US is no longer complying with the Iran nuclear deal and is poised to re-impose some previously lifted sanctions on Iran and its trading partners.

But the legal basis for that action is a bit murky and contested. A new analysis from the Congressional Research Service tries to make legal sense of what has happened.

“The legal framework for withdrawal from an international pact depends on, among other features, the type of pact at issue and whether withdrawal is analyzed under domestic law or international law,” the report says. See Withdrawal from the Iran Nuclear Deal: Legal Authorities and Implications, CRS Legal Sidebar, May 17, 2018.

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

Iran’s Foreign and Defense Policies, updated May 23, 2018

Israel: Background and U.S. Relations In Brief, updated May 21, 2018

Bilateral and Regional Trade Agreements: Issues for Congress, May 17, 2018

Covert Action and Clandestine Activities of the Intelligence Community: Framework for Congressional Oversight In Brief, May 15, 2018

Military Construction: Process, Outcomes, and Frequently Asked Questions, updated May 16, 2018

The Federal Budget: Overview and Issues for FY2019 and Beyond, May 22, 2018

Violence Against Journalists in Mexico: In Brief, May 17, 2018

Venezuela’s 2018 Presidential Elections, CRS Insight, May 24, 2018

DACA Rescission: Legal Issues and Litigation Status, CRS Legal Sidebar, May 23, 2018

Coast Guard Polar Icebreaker Modernization: Background and Issues for Congress, updated May 23, 2018

Advanced Pilot Training (T-X) Program: Background and Issues for Congress, updated May 21, 2018

The International Monetary Fund, updated May 24, 2018

Prescription Drug Monitoring Programs, updated May 24, 2018

Vehicle Fuel Economy and Greenhouse Gas Standards: Frequently Asked Questions, May 24, 2018

Is There Liability for Cross-Border Shooting?, CRS Legal Sidebar, May 22, 2018

Maritime Territorial and Exclusive Economic Zone (EEZ) Disputes Involving China: Issues for Congress, updated May 24, 2018

Internet Freedom in China: U.S. Government Activity, Private Sector Initiatives, and Issues of Congressional Interest, May 18, 2018

False Statements and Perjury, and More from CRS

“Lying, or making a false statement, is a federal crime under a number of circumstances,” a newly updated report from the Congressional Research Service instructs.

“It is a federal crime to make a material false statement in a matter within the jurisdiction of a federal agency or department. Perjury is also a federal crime. Perjury is a false statement made under oath before a federal tribunal or official….   Subornation of perjury is inducing someone else to commit perjury. It, too, is a federal crime if the perjury induced is a federal crime. Finally, conspiracy to commit any these underlying crimes is also a separate federal crime.”

See False Statements and Perjury: An Overview of Federal Criminal Law, updated May 11, 2018.

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

Iran Sanctions, updated May 11, 2018

Liberia: Political Transition and U.S. Relations, May 15, 2018

Permanent Legal Immigration to the United States: Policy Overview, updated May 11, 2018

Navy Lasers, Railgun, and Hypervelocity Projectile: Background and Issues for Congress, updated May 10, 2018

Is the U.S. Economy Growing Faster? Can It Grow Faster?, CRS Insight, May 8, 2018

NIH Funding: FY1994-FY2019, updated May 2, 2018

How FDA Approves Drugs and Regulates Their Safety and Effectiveness, updated May 8, 2018

Violence Against Journalists and Media workers in Mexico and U.S. Policy, CRS Memorandum, May 3, 2018

Compelling Presidential Compliance with a Judicial Subpoena, CRS Legal Sidebar, May 4, 2018

The Aftermath of US Withdrawal from the Iran Agreement

A new report from the Congressional Research Service begins to sort through the implications and the practical consequences of the Trump Administration decision to end US compliance with the Iran nuclear agreement, known as the Joint Comprehensive Plan of Action (JCPOA).

“The Trump Administration could have used provisions of the JCPOA itself to cease implementation of U.S. commitments under the agreement. It opted not to do so, but instead to cease implementing the JCPOA by reimposing U.S. sanctions,” the CRS report noted.

See U.S. Decision to Cease Implementing the Iran Nuclear Agreement, May 9, 2018.

For related background from CRS, see also Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions, updated May 10, 2018; Withdrawal from International Agreements: Legal Framework, the Paris Agreement, and the Iran Nuclear Agreement, updated May 4, 2018; and Iran Nuclear Agreement, updated May 2, 2018.

The decision to unilaterally reimpose sanctions on Iran took the form of a National Security Presidential Memorandum (NSPM) on May 8. Although the NSPM posted on the White House website is unnumbered, the copy circulated to reporters was identified as NSPM-11.

It follows that the previous NSPM on conventional arms transfers, which was also unnumbered on the White House website, must have been NSPM 10.

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

Arms Control and Nonproliferation: A Catalog of Treaties and Agreements, updated May 8, 2018

Military Suicide Prevention and ResponseCRS In Focus, April 30, 2018

Oil and Gas Activities Within the National Wildlife Refuge System, May 9, 2018

Civilian Nuclear Waste Disposal, updated May 9, 2018

High Intensity Drug Trafficking Areas (HIDTA) Program, May 3, 2018

U.S. Circuit and District Court Nominations During President Trump’s First Year in Office: Comparative Analysis with Recent Presidents, May 2, 2018

From Slip Law to United States Code: A Guide to Federal Statutes for Congressional Staff, May 2, 2018

Covert Action and Clandestine Activities of the Intelligence Community: Selected Notification Requirements in Brief, May 7, 2018

The Director of National Intelligence (DNI)CRS In Focus, May 1, 2018

NATO’s Approach to Defense Innovation, & More from CRS

“In the future, NATO might have to rely as much on its agility and capacity for innovation as it has previously relied on its military technological advantage,” says a new report from the Congressional Research Service that reviews NATO’s response to the current threat environment and the changing technological landscape. See Transatlantic Perspectives on Defense Innovation: Issues for Congress, April 24, 2018.

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

Law Enforcement Access to Overseas Data Under the CLOUD Act, CRS Legal Sidebar, May 2, 2018

The Travel Ban Case and Nationwide Injunctions, CRS Legal Sidebar, May 2, 2018

Federal Disaster Assistance After Hurricanes Katrina, Rita, Wilma, Gustav, and Ike, updated May 1, 2018

Issues in International Corporate Taxation: The 2017 Revision (P.L. 115-97), May 1, 2018

CRS Products on North Korea, updated May 1, 2018

Pentagon Pursues Artificial Intelligence

Artificial intelligence (AI) technologies such as machine learning are already being used by the Department of Defense in operations in Iraq and Syria, and they have many potential uses in intelligence processing, military logistics, cyber defense, as well as autonomous weapon systems.

The range of such applications for defense and intelligence is surveyed in a new report from the Congressional Research Service.

The CRS report also reviews DoD funding for AI, international competition in the field, including Chinese investment in US AI companies, and the foreseeable impacts of AI technologies on the future of combat. See Artificial Intelligence and National Security, April 26, 2018.

“We’re going to have self-driving vehicles in theater for the Army before we’ll have self-driving cars on the streets,” Michael Griffin, the undersecretary of defense for research and engineering told Congress last month (as reported by Bloomberg).

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

Foreign Aid: An Introduction to U.S. Programs and Policy, April 25, 2018

OPIC, USAID, and Proposed Development Finance Reorganization, April 27, 2018

OPEC and Non-OPEC Crude Oil Production Agreement: Compliance StatusCRS Insight, April 26, 2018

What Is the Farm Bill?, updated April 26, 2018

A Shift in the International Security Environment: Potential Implications for Defense–Issues for Congress, updated April 26, 2018

Navy Aegis Ballistic Missile Defense (BMD) Program: Background and Issues for Congress, updated April 27, 2018

China Naval Modernization: Implications for U.S. Navy Capabilities — Background and Issues for Congress, updated April 25, 2018

Russian Compliance with the Intermediate Range Nuclear Forces (INF) Treaty: Background and Issues for Congress, updated April 25, 2018

The First Responder Network (FirstNet) and Next-Generation Communications for Public Safety: Issues for Congress, April 27, 2018

African American Members of the United States Congress: 1870-2018, updated April 26, 2018

Covert vs. Clandestine: Defining Terms

The differences between “covert action” performed by the CIA and “clandestine activities” conducted by the military, as well as the distinct legal frameworks and reporting requirements that govern them, are revisited in a new report from the Congressional Research Service.

See Covert Action and Clandestine Activities of the Intelligence Community: Selected Definitions in Brief, April 25, 2018.

Other new and updated reports from the Congressional Research Service that have not been made publicly available this week include the following.

Army Futures Command, CRS Insight, April 24, 2018

Australia, China, and the Indo-Pacific, CRS Insight, April 23, 2018

The Consumer Product Safety Act: A Legal Analysis, April 24, 2018

Frequently Asked Questions About Prescription Drug Pricing and Policy, updated April 24, 2018

Overview of “Travel Ban” Litigation and Recent Developments, CRS Legal Sidebar, updated April 23, 2018

Can Corporations be Held Liable under the Alien Tort Statute?, CRS Legal Sidebar, April 24, 2018

Cross-Border Data Sharing Under the CLOUD Act, April 23, 2018

A Peace Treaty with North Korea?, & More from CRS

In the past 25 years, there have been multiple failed attempts to negotiate a peace treaty or a non-aggression pact with North Korea and to formally end the Korean War.

A new report from the Congressional Research Service surveys these efforts with an eye toward the upcoming Trump-Kim summit and current initiatives aimed at North Korean “denuclearization” and a final peace treaty. See A Peace Treaty with North Korea?, April 19, 2018.

Other new and updated CRS reports that have not been publicly released include the following.

What’s the Difference? — Comparing U.S. and Chinese Trade Data, updated April 23, 2018

U.S. Trade with Free Trade Agreement (FTA) Partners, updated April 23, 2018

Defense Authorization and Appropriations Bills: FY1961-FY2018, updated April 19, 2018

Registered Apprenticeship: Federal Role and Recent Federal Efforts, April 20, 2018

The Mental Health Workforce: A Primer, updated April 20, 2018

Coast Guard Cutter Procurement: Background and Issues for Congress, updated April 20, 2018

F-35 Joint Strike Fighter (JSF) Program, updated (again) April 23, 2018