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March 10th, 2010
Hunger in America 2010
Source: Feeding American
From press release:
A landmark study released today from Feeding America, the nation’s largest domestic hunger-relief organization, reports that more than 37 million people, one in eight Americans — including 14 million children and nearly 3 million seniors — receive emergency food each year through the nation’s network of food banks and the agencies they serve. The findings represent a staggering 46 percent increase since the organization’s previously released study in 2006.
Hunger in America 2010 is the first research study to capture the significant connection between the recent economic downturn and an increased need for emergency food assistance. The number of children and adults in need of food as a result of experiencing food insecurity has significantly increased.
More than one in three client households are experiencing very low food security—or hunger—a 54 percent increase in the number of households compared to four years ago.
An estimated 5.7 million people receive emergency food assistance each week from a food pantry, soup kitchen, or other agency served by one of Feeding America’s more than 200 food banks. This is a 27 percent increase over numbers reported in Hunger in America 2006, which reported that 4.5 million people were served each week.
Posted in Food and agriculture, Poverty, Social and cultural issues | No Comments »
March 10th, 2010
Physician Office vs Retail Clinic: Patient Preferences in Care Seeking for Minor Illnesses
Source: Annals of Family Medicine
Time and cost savings offered by retail clinics are attractive to patients, and they are likely to seek care there given sufficient cost savings. Appointment wait time is the most important factor in care-seeking decisions and should be considered carefully in setting appointment policies in primary care practices.
Posted in Consumer issues, Health and healthcare | No Comments »
March 9th, 2010
New GAO Reports (PDFs)
Source: Government Accountability Office
9 March 2010
1. Iraq: Iraqi Refugees and Special Immigrant Visa Holders Face Challenges Resettling in the United States and Obtaining U.S. Government Employment
2. Afghanistan Drug Control: Strategy Evolving and Progress Reported, but Interim Performance Targets and Evaluation of Justice Reform Efforts Needed
Posted in GAO, Government and politics | No Comments »
March 9th, 2010
Southwest Border Violence: Issues in Identifying and Measuring Spillover Violence7 (PDF; 710 KB)
Source: Congressional Research Service (via Secrecy News/Federation of American Scientists)
There has been a recent increase in the level of drug trafficking-related violence within and between the drug trafficking organizations in Mexico. This violence has generated concern among U.S. policy makers that the violence in Mexico might spill over into the United States. Currently, U.S. federal officials deny that the recent increase in drug trafficking-related violence in Mexico has resulted in a spillover into the United States, but they acknowledge that the prospect is a serious concern.
The most recent threat assessment indicates that the Mexican drug trafficking organizations pose the greatest drug trafficking threat to the United States, and this threat is driven partly by U.S. demand for drugs. Mexican drug trafficking organizations are the major suppliers and key producers of most illegal drugs smuggled into the United States across the Southwest border (SWB). The nature of the conflict between the Mexican drug trafficking organizations in Mexico has manifested itself, in part, as a struggle for control of these smuggling routes into the United States. Further, in an illegal marketplace—such as that of illicit drugs—where prices and profits are elevated due to the risks of operating outside the law, violence or the threat of violence becomes the primary means for settling disputes.
When assessing the potential implications of the increased violence in Mexico, one of the central concerns for Congress is the potential for what has been termed “spillover” violence—an increase in drug trafficking-related violence in United States. While the interagency community has defined spillover violence as violence targeted primarily at civilians and government entities— excluding trafficker-on-trafficker violence—other experts and scholars have recognized trafficker-on-trafficker violence as central to spillover. When defining and analyzing changes in drug trafficking-related violence within the United States to determine whether there has been (or may be in the future) any spillover violence, critical elements include who may be implicated in the violence (both perpetrators and victims), what type of violence may arise, when violence may appear, and where violence may occur (both along the SWB and in the nation’s interior).
Currently, no comprehensive, publicly available data exist that can definitively answer the question of whether there has been a significant spillover of drug trafficking-related violence into the United States. Although anecdotal reports have been mixed, U.S. government officials maintain that there has not yet been a significant spillover. In an examination of data that could provide insight into whether there has been a significant spillover in drug trafficking-related violence from Mexico into the United States, CRS analyzed violent crime data from the Federal Bureau of Investigation’s Uniform Crime Report program. The data, however, do not allow analysts to determine what proportion of the violent crime rate is related to drug trafficking or, even more specifically, what proportion of drug trafficking-related violent crimes can be attributed to spillover violence. In conclusion, because the trends in the overall violent crime rate may not be indicative of trends in drug trafficking-related violent crimes, CRS is unable to draw definitive claims about trends in drug trafficking-related violence spilling over from Mexico into the United States.
This report will be updated as circumstances warrant.
Posted in Congressional Research Service, Crime, Government and politics, International Relations, Legal and law enforcement, Mexico, National security | No Comments »
March 9th, 2010
Honduran Political Crisis, June 2009-January 2010 (PDF; 285 KB)
Source: Congressional Research Service (via Secrecy News/Federation of American Scientists)
On June 28, 2009, the Honduran military detained President Manuel Zelaya and flew him to exile in Costa Rica, ending 27 years of uninterrupted democratic, constitutional governance. Honduran governmental institutions had become increasingly polarized in the preceding months as a result of Zelaya’s intention to hold a non-binding referendum and eventually amend the constitution.
After the ouster, the Honduran Supreme Court asserted that an arrest warrant had been issued for Zelaya as a result of his noncompliance with judicial decisions that had declared the non-binding referendum unconstitutional. However, the military’s actions halted the judicial process before a trial could be held. The Honduran National Congress then adopted a resolution to replace Zelaya with the President of Congress, Roberto Micheletti.
Micheletti insisted that he took power through a “constitutional succession” throughout the seven months between Zelaya’s forced removal and the inauguration of new President Porfirio “Pepe” Lobo Sosa. He also maintained tight control of Honduran society, severely restricting political activity that opposed his government. President Lobo, who won a November 2009 election that had been scheduled prior to the ouster, took office on January 27, 2010. Some Hondurans declared the election illegitimate, however, as a result of the conditions in the country at the time it was held. The political crisis has left Lobo with a number of challenges, including considerable domestic political polarization, a lack of international recognition, and a faltering economy. The United States and the rest of the international community universally condemned Zelaya’s ouster. They leveled a series of diplomatic and economic sanctions against the Micheletti government and pushed for a negotiated agreement to end the crisis. Although an accord was signed roughly one month before the November 2009 election, it quickly fell apart. The unity of the international community crumbled along with the agreement, as some countries—such as the United States—agreed to recognize the results of the election despite Zelaya never being restored to office, while others refused to do so.
Members demonstrated considerable interest in the Honduran political crisis during the first session of the 111th Congress. A number of resolutions were introduced regarding the situation. On July 8, 2009, H.Res. 619 (Mack) and H.Res. 620 (Serrano) were introduced in the House. H.Res. 619 condemned Zelaya for his “unconstitutional and illegal” actions and called for a peaceful resolution. H.Res. 620 called upon the Micheletti government to end its “illegal seizure of power.” On July 10, 2009, H.Res. 630 (Delahunt) was introduced in the House. It condemned the “coup d’état” in Honduras; refused to recognize the Micheletti government; urged the Obama Administration to suspend non-humanitarian aid; and called for international observation of the November 2009 elections. On September 17, 2009, H.Res. 749 (Ros-Lehtinen) was introduced in the House. It called for the Secretary of State to work with Honduran authorities to ensure free and fair elections and for President Obama to recognize the November elections “as an important step in the consolidation of democracy and rule of law in Honduras.”
This report examines the political crisis in Honduras, with specific focus on the events between June 2009 and January 2010. It concludes with the inauguration of President Lobo. For more information on the current political situation in Honduras, see CRS Report RL34027, Honduran- U.S. Relations.
Posted in Congressional Research Service, Government and politics, International Relations, Latin America and the Caribbean | No Comments »
March 9th, 2010
Ballast Water Management to Combat Invasive Species (PDF; 179 KB)
Source: Congressional Research Service (via OpenCRS)
The 111th Congress may elect to consider legislation that has been introduced to amend and reauthorize the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to establish vessel ballast water management standards and modify how ballast water is handled. In recent years, many people have become increasingly aware that the globalization of trade, the increased speed of travel, the massive volume of cargo shipments, and rising tourism have combined to increase the chance of accidental introductions of foreign species into the United States. Aquatic species arrive through a variety of mechanisms–unintentionally when attached to vessel hulls or carried in vessel ballast water and intentionally when imported for aquaria display, as live seafood for human consumption, or as a transplant to increase sport fishing opportunities. The arrival of zebra mussels in the Great Lakes and their subsequent damage to city water supplies and electric utilities has focused significant attention on ballast water discharge by cargo ships as a high-risk mechanism for species invasion. New management efforts attempt to address this concern. In late August 2009, the U.S. Coast Guard published proposed regulations to establish quantitative standards for ballast water treatment. The proposed standards would initially follow standards developed by the International Maritime Organization. In a subsequent phase, the quantitative standards would become much more stringent, given sufficient technological development to support achievement of the higher standards. The proposed Coast Guard standards would not preempt existing state ballast water management standards. This report provides background on various approaches to ballast water management and reviews current ballast water management laws and programs. This report will be updated as this issue evolves.
Posted in Congressional Research Service, Environment, Government and politics, Transportation and travel | No Comments »
March 9th, 2010
Israeli-Arab Negotiations: Background, Conflicts, and U.S. Policy (PDF; 582 KB)
Source: Congressional Research Service (via OpenCRS)
After the first Gulf war, in 1991, a new peace process consisting of bilateral negotiations between Israel and the Palestinians, Jordan, Syria, and Lebanon achieved mixed results. Milestones included the Israeli-Palestine Liberation Organization (PLO) Declaration of Principles (DOP) of September 13, 1993, providing for Palestinian empowerment and some territorial control, the Israeli-Jordanian peace treaty of October 26, 1994, and the Interim Self-Rule in the West Bank or Oslo II accord of September 28, 1995, which led to the formation of the Palestinian Authority (PA) to govern the West Bank and Gaza Strip. However, Israeli-Syrian negotiations were intermittent and difficult, and postponed indefinitely in 2000. Israeli-Lebanese negotiations also were unsuccessful, leading Israel to withdraw unilaterally from south Lebanon on May 24, 2000. President Clinton held a summit with Israeli and Palestinian leaders at Camp David on final status issues that July, but they did not produce an accord. A Palestinian uprising or intifadah began in September.
On February 6, 2001, Ariel Sharon was elected Prime Minister of Israel, and rejected steps taken at Camp David and afterwards. On April 30, 2003, the United States, the U.N., European Union, and Russia (known as the “Quartet”) presented a “Road Map” to Palestinian statehood. It has not been implemented. Israel unilaterally disengaged (withdrew) from the Gaza Strip and four small settlements in the West Bank in August 2005. On January 9, 2005, Mahmud Abbas had become President of the PA. The victory of Hamas, which Israel and the United States consider a terrorist group, in the January 2006 Palestinian parliamentary elections complicated prospects for peace as the United States, Israel, and the Quartet would not deal with a Hamas-led government until it disavowed violence, recognized Israel, and accepted prior Israeli-Palestinian accords. President Abbas’s dissolution of the Hamas-led government in response to the June 2007 Hamas forcible takeover of the Gaza Strip led to resumed international contacts with the PA.
On November 27, at an international conference in Annapolis, MD, President Bush read a Joint Understanding in which Abbas and Israeli Prime Minister Ehud Olmert agreed to simultaneously resume bilateral negotiations on core issues and implement the Road Map. On May 21, 2008, Israel, Syria, and Turkey announced that Syria and Israel had begun indirect peace talks in Istanbul via Turkish mediators. Later in the year, Israeli and U.S. elections appeared to disrupt negotiations on all tracks and the end of the Israeli-Hamas cease-fire in December and the subsequent outbreak of violence in Gaza led to the official suspension of peace talks. President Obama has affirmed U.S. support for a two-state solution to the Israeli-Palestinian conflict and named former Senator George Mitchell as his Special Envoy for Middle East Peace, but negotiations have not resumed.
Congress is interested in issues related to Middle East peace because of its oversight role in the conduct of U.S. foreign policy, its support for Israel, and keen constituent interest. It is especially concerned about U.S. financial and other commitments to the parties, and the 111th Congress is engaged in these matters. Congress also has endorsed Jerusalem as the undivided capital of Israel, although U.S. Administrations have consistently maintained that the fate of the city is the subject of final status negotiations.
Posted in Congressional Research Service, Government and politics, International Relations, Middle East, National security | No Comments »
March 9th, 2010
Russian Political, Economic, and Security Issues and U.S. Interests (PDF; 411 KB)
Source: Congressional Research Service (via OpenCRS)
Although Russia made some uneven progress in democratization during the 1990s, this limited progress was reversed after Vladimir Putin rose to power in 1999-2000 (first as prime minister, then as president), according to most observers. During this period, the State Duma (lower legislative chamber) came to be dominated by government-approved parties, and opposition democratic parties were excluded. Putin also abolished gubernatorial elections, placed controls on the activities of non-governmental organizations (NGOs), and established government ownership or control over major media and major industries, including the energy sector. Putin’s suppression of insurgency in the Chechnya republic demonstrated his government’s generally low regard for the rule of law and respect for human rights, according to these observers. Dmitry Medvedev, Vladimir Putin’s chosen successor and long-time protégé, was elected President in March 2008 with about 70% of the vote. Immediately after the election, Putin became Prime Minister. President Medvedev generally has continued policies established during the Putin presidency. In August 2008, the Medvedev-Putin “tandem” directed wide-scale military operations against Georgia and unilaterally recognized the independence of Georgia’s separatist South Ossetia and Abkhazia, actions that most of the international community have censured.
The sharp decline in oil and gas prices since mid-2008 and other aspects of the global economic downturn put a halt to a Russian economic expansion that had begun in 1999, resulting in an officially reported 9.5% drop in gross domestic product in 2008 and an estimated 8-9% drop in 2009. These declines exacerbate existing problems: 15% of the population live below the poverty line; inadequate healthcare contributes to a demographic decline; domestic and foreign investment is low; inflation hovers around 12%-14%; and crime, corruption, capital flight, and unemployment remain high.
Russia’s military has been in turmoil after years of severe force reductions and budget cuts. The armed forces now number about 1.2 million, down from 4.3 million Soviet troops in 1986. Readiness, training, morale, and discipline have suffered. Russia’s economic revival allowed it to substantially increase defense spending. Some high-profile activities were resumed, such as multi-national military exercises, Mediterranean and Atlantic naval deployments, and strategic bomber patrols. Stepped-up military efforts were launched in late 2007 to further downsize the armed forces and emphasize rapid reaction and contract forces. The global economic downturn and strong opposition within some segments of the armed forces appears to have slowed down force modernization.
After the Soviet Union’s collapse, the United States sought a cooperative relationship with Moscow and supplied almost $17 billion to Russia from fiscal year 1992 through 2008 to support urgent humanitarian needs, to encourage democracy and market reform, and to support WMD threat reduction. U.S. aid to reduce the threats posed by the proliferation of weapons of mass destruction in recent years has hovered around $700-$900 million per fiscal year, while other foreign aid to Russia has dwindled, due in part to the phase-out of some aid and to congressional conditions. Despite rising U.S.-Russia tensions in recent years on issues such as NATO enlargement, Kosovo’s independence, and proposed U.S. missile defenses in Eastern Europe, Washington and Moscow found some common ground on Iranian and North Korean nuclear issues and on nuclear non-proliferation in general. The August 2008 Russia-Georgia conflict threatened such cooperation. The Obama Administration has endeavored to “reset” relations with Russia to reinvigorate and expand bilateral cooperation. Russia welcomed the Obama Administration’s announcement in September 2009 of the cancellation of the planned missile defense setup in Eastern Europe. The 111th Congress has held several hearings, introduced and passed legislation, and otherwise has debated the future of U.S.-Russian relations.
Posted in Congressional Research Service, Government and politics, International Relations, National security, Russia | No Comments »
March 9th, 2010
Sensitive Covert Action Notifications: Oversight Options for Congress (PDF; 194 KB)
Source: Congressional Research Service (via OpenCRS)
Legislation enacted in 1980 gave the executive branch authority to limit advance notification of especially sensitive covert actions to eight Members of Congress–the “Gang of Eight”–when the President determines that it is essential to limit prior notice in order to meet extraordinary circumstances affecting U.S. vital interests. In such cases, the executive branch is permitted by statute to limit notification to the chairmen and ranking minority members of the two congressional intelligence committees, the Speaker and minority leader of the House, and Senate majority and minority leaders, rather than to notify the full intelligence committees, as is required in cases involving covert actions determined to be less sensitive. Congress, in approving this new procedure in 1980, during the Iran hostage crisis, said it intended to preserve operational secrecy in those “rare” cases involving especially sensitive covert actions while providing the President with advance consultation with the leaders in Congress and the leadership of the intelligence committees who have special expertise and responsibility in intelligence matters. The intent appeared to some to be to provide the President, on a short-term basis, a greater degree of operational security as long as sensitive operations were underway.
In 1991, in a further elaboration of its intent following the Iran-Contra Affair, congressional report language stated that limiting notification to the Gang of Eight should occur only in situations involving covert actions of such extraordinary sensitivity or risk to life that knowledge of such activity should be restricted to as few individuals as possible. In its mark-up of H.R. 2701, the FY2010 Intelligence Authorization Act, the House Permanent Select Committee on Intelligence (HPSCI) replaced the Gang of Eight statutory provision, adopting in its place a statutory requirement that each of the intelligence committees establish written procedures as may be necessary to govern such notifications. According to committee report language, the adopted provision vests the authority to limit such briefings with the committees, rather than the President. On July 8, 2009, the executive branch issued a Statement of Administration Policy (SAP) in which it stated that it strongly objected to the House Committee’s action to replace the Gang of Eight statutory provision, and that the President’s senior advisors would recommend that the President veto the FY2010 Intelligence Authorization Act if the committee’s language was retained in the final bill. The Senate Intelligence Committee, in its version of the FY2010 Intelligence Authorization Act, left unchanged the Gang of Eight statutory structure, but approved several changes that would tighten certain aspects of current covert action reporting requirements.
Although the executive branch has not issued a Statement of Administration Policy with regard to the Senate’s bill, Director of National Intelligence Admiral Dennis Blair has indicated that he would recommend that the President veto the bill if the covert action notification changes contained in the bill remained in final legislation. Congress has not acted on the FY2010 Intelligence Authorization bill. With Congress considering possible changes in covert action congressional notifications, this report describes the statutory provision authorizing Gang of Eight notifications, reviews the legislative history of the provision, and examines both the impact of such notifications on congressional oversight as well as options that Congress might consider to possibly improve oversight.
Posted in Congressional Research Service, Government and politics, Legal and law enforcement, National security | No Comments »
March 9th, 2010
“Gang of Four” Congressional Intelligence Notifications (PDF; 173 KB)
Source: Congressional Research Service (via OpenCRS)
“Gang of Four” intelligence notifications generally are oral briefings of certain particularly sensitive non-covert action intelligence activities, including principally, but not exclusively, intelligence collection programs, that the Intelligence Community typically limits to the chairmen and ranking members of the two congressional intelligence committees, and at times, but not always, to their respective staff directors. Gang of Four notifications are not based in statute but have constituted a practice generally accepted by the leadership of the intelligence committees and that is employed when the Intelligence Community believes a particular intelligence activity to be of such sensitivity that a restricted notification is warranted in order to reduce the risk of disclosure, inadvertent or otherwise. Intelligence activities viewed as being less sensitive typically are briefed to the full membership of each committee.
In either case–whether a given briefing about non-covert action intelligence activities is limited to the Gang of Four, or provided to the full membership of the intelligence committees–the current statute conditions the provision of any such information on the need to protect from unauthorized disclosure classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters. Congress has said that its intent in this regard is that in extremely rare circumstances a need to preserve essential secrecy may result in a decision not to impart certain sensitive aspects of operations or collection programs to the intelligence oversight committees in order to protect extremely sensitive intelligence sources and methods. With regard to the phrase “other exceptionally sensitive matters,” Congress has said its intent in using this phrase is to refer to other extremely sensitive categories of classified information such as information concerning the operational details of military deployment and extraordinarily sensitive diplomatic contacts, which the intelligence committees do not routinely require to satisfy their responsibilities.
This report reviews the history of Gang of Four notification process and compares this procedure with that of the “Gang of Eight” notification procedure. The “Gang of Eight” procedure is statutorily based and provides that that the Chairmen and Ranking Members of the intelligence committee, along with the Speaker and minority leader of the House, and Senate majority and minority leaders–rather than the full membership of the intelligence committees–are to receive prior notice of particularly sensitive covert action programs, if the President determines that limited access to such programs is essential to meet extraordinary circumstances affecting vital U.S. interests. Although the FY2010 Intelligence Authorization bills approved by the two congressional intelligence committees address Gang of Eight covert action notifications, neither of the two bills reference Gang of Four notifications. Congress has not acted on the FY2010 Intelligence Authorization bill.
Posted in Congressional Research Service, Government and politics, Legal and law enforcement, National security, Political process | No Comments »
March 9th, 2010
Mandatory Flood Insurance Purchase in Remapped Residual Risk Areas Behind Levees (PDF; 189 KB)
Source: Congressional Research Service (via OpenCRS)
This report examines the amount of flood insurance that must be purchased (and retained) on loans secured by real property located in federally designated special flood hazard areas (SFHAs). It is written in response to three situations: (1) the Federal Emergency Management Agency’s remapping efforts that include verifying the status of all levees as providing protection against a 100-year flood, which are currently depicted on Flood Insurance Rate Maps, and widespread concerns among homeowners about new requirements to purchase flood insurance should the levee become decertified; (2) uncertainty as to whether the mandatory amount of flood insurance should be equal to the assessed value of the insured residential structure or the unpaid principal balance (UPB) of the mortgage loan; and (3) concerns that homeowners may be inappropriately asked to purchase an amount of flood insurance that is several times the value of the actual property. This report will be updated as events warrant.
Posted in Business and economics, Congressional Research Service, Consumer issues, Government and politics, Housing and real estate, Natural Disasters | No Comments »
March 9th, 2010
The Proposed Comcast-NBC Universal Combination: How It Might Affect the Video Market (PDF; 325 KB)
Source: Congressional Research Service (via OpenCRS)
The proposed combination of Comcast, the largest distributor of video services in the United States, and NBC Universal (NBCU), a major producer and aggregator of video content, would create a huge, vertically integrated entity with potentially enormous negotiating power at a time when market forces already are altering traditional content provider/distributor relationships. Comcast would own or control media and entertainment properties of significant scope and scale. Despite the size and reach that Comcast would be afforded, there is so much uncertainty in the video market that the proposed combination has elicited a wide range of predictions about (1) how it would affect that market; (2) how it would affect the long-standing public policy goals of competition, diversity of voices, and localism; and (3) whether the merger would prove beneficial to Comcast’s shareholders.
From one perspective, the scope of the combination would be so broad that, in addition to requiring careful scrutiny of its competitive effects, it potentially could affect market structure and relationships in ways that have implications for a wide range of media rules, regulations, and policies, including program carriage rules, program access requirements, retransmission consent rules, long-standing policy supporting free over-the-air broadcast television, and even network neutrality and open access policies. From another perspective, the recent history of failed mega-mergers in the communications sector suggests that the vertically integrated post-merger entity may have so many parts with conflicting market incentives that it proves impossible to craft an internally consistent profit-maximizing business strategy, no less exploit market power to undermine competition. There is consensus that the Department of Justice (DOJ) and the Federal Communications Commission (FCC) are likely to approve the combination subject to merger conditions and/or license conditions–intended to protect competition, diversity of voices, and localism–that may significantly affect the impact of the combination. It is possible, however, that such conditions might have the effect both of protecting the public against significant harms created by the combination and of limiting potential benefits created by the combination.
The traditional business models of just about every participant in the video market are potentially challenged by structural market changes and as a result the current environment is characterized by very contentious programmer-distributor negotiations and a multitude of novel new ways to distribute content as incumbents and new entrants experiment with new business models. The issues likely to require the most attention of the DOJ and FCC include whether Comcast would be able to use its vertically integrated position to deny rival distributors access to programming or to raise the cost of that programming; whether Comcast would be able to use its vertically integrated position to favor the programming of NBCU at the expense of independent programmers; whether Comcast would have the incentive to use the merger to change NBC into a cable network, at the expense of local programming; and whether a combined Comcast-NBCU might have the unique ability to craft new business models that benefit consumers.
Posted in Business and economics, Congressional Research Service, Consumer issues, Government and politics, Media and entertainment | No Comments »
March 9th, 2010
Satellite Surveillance: Domestic Issues (PDF; 271 KB)
Source: Congressional Research Service (via Secrecy News/Federation of American Scientists)
Reconnaissance satellites, first deployed in the early 1960s to peer into denied regions of the Soviet Union and other secretive enemy states, have from time to time been used by civilian agencies of the federal government to assist with mapping, disaster relief, and environmental concerns. These uses have been coordinated by the Civil Applications Office at the U.S. Geological Survey, a component of the Interior Department. Post 9/11, the Bush Administration sought to encourage use of satellite-derived data for homeland security and law enforcement purposes, in addition to the civil applications that have been supported for years. In 2007, it moved to transfer responsibility for coordinating civilian use of satellites to the Department of Homeland Security. The initiative was launched, however, apparently without notification of key congressional oversight committees.
Members of Congress and outside groups raised concerns that using satellites for law enforcement purposes may infringe on the privacy and Fourth Amendment rights of U.S. persons. Other commentators questioned whether the proposed surveillance will violate the Posse Comitatus Act or other restrictions on military involvement in civilian law enforcement, or would otherwise exceed the statutory mandates of the agencies involved. Such concerns led Congress to preclude any funds in the Consolidated Appropriations Act, 2008 (H.R. 2764, P.L. 110-161), from being used to “commence operations of the National Applications Office … until the Secretary [of the Department of Homeland Security] certifies that these programs comply with all existing laws, including all applicable privacy and civil liberties standards, and that certification is reviewed by the Government Accountability Office.” (Section 525.) Similar language has been included in a subsequent Continuing Appropriations Act (P.L. 110-329) approved in September 2008.
The Obama Administration conducted its assessment of the issue and terminated the NAO in June 2009, maintaining that there were better information sharing programs to meet the needs of state and local homeland security partners. Little public information is available concerning current policies for the use of satellite information for domestic purposes.
This report provides background on the development of intelligence satellites and identifies the roles various agencies play in their management and use. Issues surrounding the current policy and proposed changes are discussed, including the findings of an Independent Study Group (ISG) with respect to the increased sharing of satellite intelligence data. There follows a discussion of legal considerations, including whether satellite reconnaissance might constitute a “search” within the meaning of the Fourth Amendment; an overview of statutory authorities, as well as restrictions that might apply; and a brief description of executive branch authorities and Department of Defense directives that might apply. The report concludes by discussing policy issues Congress may consider as it deliberates the potential advantages and pitfalls that may be encountered in expanding the role of satellite intelligence for homeland security purposes.
Posted in Congressional Research Service, Government and politics, Legal and law enforcement, National security, Privacy | No Comments »
March 9th, 2010
Metropolitan Transportation Planning (PDF; 245 KB)
Source: Congressional Research Service (via OpenCRS)
Federal law requires state and local governments to designate a metropolitan planning organization (MPO) in each urbanized area with a population of 50,000 or more to help plan surface transportation infrastructure and services. There are currently 381 MPOs nationwide. Despite some strengthening of their authority over the years, MPOs have generally remained subordinate to state departments of transportation (DOTs) in the planning and selecting (”programming”) of projects using federal surface transportation funds. Moreover, it can be argued that at the metropolitan level MPOs are subordinate to local governments that own and operate many elements of the transportation system, and also control land use planning and zoning.
Because of the perceived weakness of MPOs, some in the transportation community have argued that they ought to be given much more power over the planning and programming of projects using federal surface transportation funds. Some of these observers go so far as to suggest that federal policies and programs in a number of areas, including transportation, housing, and the environment, need to be coordinated on a metropolitan scale, and that MPOs are the organizational venue where this should occur. Others argue that the relationship between state government, local government, and MPOs is well-balanced and should not be changed. A third view is that metropolitan transportation planning is controlled by planners who often harbor anti- car views, and consequently, MPOs can be actually detrimental to well-functioning metropolitan transportation systems. In this view, MPOs should be abolished or, at the very least, have their functions significantly curtailed.
Surface transportation programs were authorized under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU or SAFETEA) (P.L. 109-59) covering the period FY2005 through FY2009. In lieu of a new multi-year reauthorization that is still being considered, Congress has extended these programs and their funding several times. Reauthorization of the surface transportation programs provides an opportunity for Congress to reexamine policies related to MPOs and the metropolitan planning process.
This report discusses several issues that Congress may want to consider: the authority of MPOs to plan and program funds; representation and participation in MPOs; MPO funding and technical capacity; and implementation of livability initiatives. It may also want to consider a number of issues having to do with planning requirements such as the need for a long-range plan, the proper scale of planning, and the incorporation of freight transportation interests. The report begins with a brief description of the metropolitan transportation planning process.
Posted in Congressional Research Service, Government and politics, Transportation and travel | No Comments »
March 9th, 2010
Afghanistan Casualties: Military Forces and Civilians (PDF; 128 KB)
Source: Congressional Research Service (via Secrecy News/Federation of American Scientists)
This report collects statistics from a variety of sources on casualties sustained during Operation Enduring Freedom (OEF), which began on October 7, 2001, and is ongoing. OEF actions take place primarily in Afghanistan; however, OEF casualties also includes American casualties in Pakistan, Uzbekistan, Guantanamo Bay (Cuba), Djibouti, Eritrea, Ethiopia, Jordan, Kenya, Kyrgyzstan, the Philippines, Seychelles, Sudan, Tajikistan, Turkey, and Yemen.
Casualty data of U.S. military forces are compiled by the U.S. Department of Defense (DOD), as tallied from the agency’s press releases. Also included are statistics on those wounded but not killed. Statistics may be revised as circumstances are investigated and as records are processed through the U.S. military’s casualty system. More frequent updates are available at DOD’s website at http://www.defenselink.mil/news/ under “Casualty Update.”
A detailed casualty summary of U.S. military forces that includes data on deaths by cause, as well as statistics on soldiers wounded in action, is available at the following DOD website: http://siadapp.dmdc.osd.mil/personnel/CASUALTY/castop.htm.
NATO’s International Security Assistance Force (ISAF) does not post casualty statistics of the military forces of partner countries on the ISAF website at http://www.isaf.nato.int/. ISAF press releases state that it is ISAF policy to defer to the relevant national authorities to provide notice of any fatality. For this reason, this report uses fatality data of coalition forces as compiled by CNN.com and posted online at http://www.cnn.com/SPECIALS/2004/oef.casualties/index.html. Casualty data of Afghan civilians are reported quarterly by the United Nations Assistance Mission to Afghanistan (UNAMA). Deaths of Afghan National Police and Afghan National Army personnel are reported by the Special Inspector General for Afghanistan Reconstruction in the quarterly reports to Congress that are required as part of P.L. 110-181.
Because the estimates of Afghan casualties contained in this report are based on varying time periods and have been created using different methodologies, readers should exercise caution when using them and should look to them as guideposts rather than as statements of fact.
This report will be updated as needed.
Posted in Afghanistan, Congressional Research Service, Government and politics, Military and defense | No Comments »
March 9th, 2010
Spectrum Policy in the Age of Broadband: Issues for Congress (PDF; 325 KB)
Source: Congressional Research Service (via OpenCRS)
The convergence of wireless telecommunications technology and Internet protocols is fostering new generations of mobile technologies. This transformation has created new demands for advanced communications infrastructure and radio frequency spectrum capacity that can support high-speed, content-rich uses. Furthermore, a number of services, in addition to consumer and business communications, rely at least in part on wireless links to broadband backbones.
Wireless technologies support public safety communications, sensors, smart grids, medicine and public health, intelligent transportation systems, and many other vital communications. Existing policies for allocating and assigning spectrum rights may not be sufficient to meet the future needs of wireless broadband. A challenge for Congress is to provide decisive policies in an environment where there are many choices but little consensus.
In formulating spectrum policy, mainstream viewpoints generally diverge on whether to give priority to market economics or social goals. Regarding access to spectrum, economic policy looks to harness market forces to allocate spectrum efficiently, with spectrum license auctions as the driver. Social policy favors ensuring wireless access to support a variety of social objectives where economic return is not easily quantified, such as improving education, health services, and public safety. Both approaches can stimulate economic growth and job creation. Deciding what weight to give to specific goals and setting priorities to meet those goals pose difficult tasks for federal administrators and regulators and for Congress.
Meaningful oversight or legislation may require making choices about what goals will best serve the public interest. Relying on market forces to make those decisions may be the most efficient and effective way to serve the public but, to achieve this, policy makers may need to broaden the concept of what constitutes competition in wireless markets. This report considers the possibility of modifying spectrum policy: (1) to support national goals for broadband deployment by placing more emphasis on attracting new providers of wireless broadband services; and (2) to accommodate the wireless broadband needs of industries that are considered by many to be the economic drivers of the future, not only communications, but also areas such as energy, health care, transportation, and education.
The Federal Communications Commission (FCC) is expected to address these and other issues in the National Broadband Plan, a report on broadband policy mandated by Congress in the American Recovery and Reinvestment Act of 2009 (ARRA). Among the spectrum policy initiatives that have been proposed in Congress are: allocating more spectrum for unlicensed use; auctioning airwaves currently allocated for federal use; and devising new fees on spectrum use, notably those collected by the FCC’s statutory authority to implement these measures is limited. Substantive modifications in spectrum policy would almost surely require congressional action. The Radio Spectrum Inventory Act introduced in the Senate (S. 649, Kerry) and the similar House-introduced Radio Spectrum Inventory Act (H.R. 3125, Waxman) would require an inventory of existing users on prime radio frequencies, a preliminary step in evaluating policy changes. The Spectrum Relocation and Improvement Act of 2009 (H.R. 3019, Inslee) and the Wireless Microphone Users Interference Protection Act (H.R. 4353, Rush) would address separate issues related to spectrum allocation.
Posted in Business and economics, Congressional Research Service, Government and politics, Internet, Social and cultural issues, Technology, Telecommunications | No Comments »
March 9th, 2010
U.S. Nuclear Cooperation with India: Issues for Congress (PDF; 413 KB)
Source: Congressional Research Service (via OpenCRS)
India, which has not signed the Nuclear Nonproliferation Treaty (NPT) and does not have International Atomic Energy Agency safeguards on all nuclear material in peaceful nuclear activities, exploded a “peaceful” nuclear device in 1974, convincing the world of the need for greater restrictions on nuclear trade. The United States created the Nuclear Suppliers Group (NSG) as a direct response to India’s test, halted nuclear exports to India a few years later, and worked to convince other states to do the same. India tested nuclear weapons again in 1998. However, President Bush announced July 18, 2005, he would “work to achieve full civil nuclear energy cooperation with India” and would “also seek agreement from Congress to adjust U.S. laws and policies,” in the context of a broader partnership with India.
U.S. nuclear cooperation is governed by the Atomic Energy Act (AEA). P.L. 109-401, which President Bush signed into law on December 18, 2006, provides waivers of several provisions of the AEA (Sections 123 a. (2), 128, and 129). It requires that several steps occur before nuclear cooperation can proceed. On September 10, 2008, President Bush submitted to Congress a written determination that these requirements had been met. That same day, the President submitted the text of the proposed agreement, which had not yet been signed. The President also submitted a written determination (also required by the AEA) “that the performance of the proposed agreement will promote and will not constitute an unreasonable risk to, the common defense and security.” In addition, President Bush submitted several documents, including classified and unclassified versions of a Nuclear Proliferation Assessment Statement, which is required by section 123 of the AEA. The Department of State also submitted a report required by P.L. 109- 401 on various aspects of the agreement.
On September 27, 2008, the House passed H.R. 7081, which approved the agreement. The Senate Committee on Foreign Relations approved identical legislation, S. 3548, September 23. The Senate passed H.R. 7081 October 1. President Bush signed P.L. 110-369 into law October 8. Secretary of State Condoleezza Rice and India’s External Affairs Minister Shri Pranab Mukherjee signed the agreement October 10, and it entered into force December 6, 2008. However, several steps remain before U.S. companies can start nuclear trade with India. For example, P.L. 110-369 requires that, before the Nuclear Regulatory Commission can issue licenses for U.S. nuclear exports to India, the President must determine and certify to Congress that New Delhi’s IAEA safeguards agreement has entered into force and that India’s declaration of its nuclear facilities to the agency “is not materially inconsistent with the facilities and schedule” described in a separation plan that New Delhi provided to Washington.
India’s safeguards agreement entered into force in May 2009, and New Delhi has filed the declaration with the IAEA. The President submitted the required certifications to Congress February 3. Furthermore, U.S. firms will likely be very reluctant to engage in nuclear trade with India if the government does not become party to the Convention on Supplementary Compensation for Nuclear Damage, which has not yet entered into force. India also is reportedly insisting that New Delhi and Washington conclude an agreement on a reprocessing facility in India before New Delhi signs contracts with U.S. nuclear firms.
Posted in Asia, Congressional Research Service, Energy, Government and politics, International Relations, Military and defense, National security | No Comments »
March 8th, 2010
New GAO Correspondence and Testimony (PDFs)
Source: Government Accountability Office
8 March 2010
+ Correspondence
1. Use of the Railroad Retirement Board Occupational Disability Program across the Rail Industry
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+ Testimony
1. Recovery Act: California’s Use of Funds and Efforts to Ensure Accountability, by Linda Calbom, western regional director, before the House Committee on Oversight and Government Reform, in Los Angeles, California
Posted in GAO, Government and politics | No Comments »
March 8th, 2010
AHA Seeks Modification from IRS on Community Benefit Reporting: New Survey Finds Schedule H Fails to Reflect Health Systems’ Full Benefit to Communities
Source: American Hospital Association
oday, the American Hospital Association (AHA) urged the Internal Revenue Service to improve the new hospital community benefit reporting form – Schedule H to Form 990 – to better reflect the benefits nonprofit hospitals provide to their communities. The AHA cited new research that examines how the new form does not recognize fully the community benefit of nonprofit multi-hospital systems.
The AHA has long supported providing more useful information to the public and policy makers about the benefits hospitals provide to their communities and has worked closely with the IRS to develop Schedule H. However, today’s study questions whether the new Form will accurately reflect the benefit hospital systems – representing nearly 60 percent of hospitals nationally – provide.
The research by Brad Gray, Ph.D. and Ashley Palmer, MPP with the Urban Institute, which is highlighted in the March issue of Trustee magazine, found that nonprofit multi-hospital systems will face consequential reporting issues because many will file multiple and seemingly unconnected Schedule H’s. As a result, cross subsidies used for community benefit activities will likely be obscured. Results will also be skewed because entities other than hospitals will be included in the information reported.
The study authors conclude that the initial Schedule H filings will be “disappointing to those hoping for a reliable tool to accurately capture and compare community benefits…”
+ IRS letter (PDF; 65 KB)
Posted in Taxation | No Comments »
March 8th, 2010
Adult Photography Record-Keeping and Inspection Law Threatens Free Speech, Privacy
Source: Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) filed a friend-of-the-court brief today urging a federal court judge to block two criminal statutes that unconstitutionally limit the free expression of millions of adults who use the Internet and other electronic forms of communication, bringing the threat of criminal sanctions for private, lawful speech.
At issue are provisions of federal law that require anyone who produces a visual depiction of sexually explicit expression to maintain extensive records — including copies of drivers’ licenses, the dates and times images were taken, and all URLs where images were posted — and often force public disclosure of a creator’s home address. Even more troubling, the regulations allow law enforcement warrantless entry into homes or offices in order to inspect the records that are supposed to be kept. While these statutes regulate the commercial pornography industry, they also likely apply to a staggering number of Americans who create and share images of themselves over social networks, online dating services, personal erotic websites, and text messaging.
+ Amicus Brief (PDF; 212 KB)
+ More on Free Speech Coalition v. Holder
Posted in Government and politics, Internet, Legal and law enforcement, Privacy, Social and cultural issues, Technology | No Comments »
