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Open CRS: Recent Reports
Recent Congressional Research Service reports and issue briefs from the Open CRS database

  • Supreme Court Appellate Jurisdiction Over Military Court Cases
    Military courts, authorized by Article I of the U.S. Constitution, have jurisdiction over cases involving military servicemembers, including, in some cases, retired servicemembers. They have the power to convict for crimes defined in the Uniform Code of Military Justice (UCMJ), including both uniquely military offenses and crimes with equivalent definitions in civilian laws. For example, in a recent case, United States v. Stevenson, military courts prosecuted a retired serviceman for rape, a crime often tried in civilian courts. The military court system includes military courts-martial; a Criminal Court of Appeals for each branch of the armed services; and the U.S. Court of Appeals for the Armed Forces (CAAF), which has discretionary appellate jurisdiction over all military cases. With the exception of potential final review by the U.S. Supreme Court, these Article I courts handle review of military cases in an appellate system that rarely interacts with Article III courts. Criminal defendants in the Article III judicial system have an automatic right to appeal to federal courts of appeal and then a right to petition the Supreme Court for final review. In contrast, defendants in military cases typically may not appeal their cases to the U.S. Supreme Court unless the highest military court, the CAAF, had also granted discretionary review in the case. The Equal Justice for Our Military Act of 2007, H.R. 3174, which the House passed on September 27, 2008, and a companion bill in the Senate, S. 2052, would authorize appeals to the U.S. Supreme Court for all military cases, including cases that the CAAF declined to review.

  • Topics in Aging: Income and Poverty Among Older Americans in 2004
    Older Americans are an economically diverse group. In 2004, the median income of individuals age 65 and older was $15,199, but incomes varied widely around this average. Twenty-eight percent of Americans 65 or older had incomes of less than $10,000 in 2004, while 10% had incomes of $50,000 or more. As Congress considers reforms to Social Security and the laws governing pensions and retirement savings plans, it may be helpful to consider how changes to one income source would affect each of the others, and thus the total income of older Americans Older persons receive income from a variety of sources, including earnings, pensions, personal savings, and public programs such as Social Security and Supplemental Security Income. Using data from the March 2005 Current Population Survey, this report describes the number of elderly receiving income from each of these sources and the extent to which income from each source is either concentrated at the high- or low-end of the income distribution or is evenly distributed. Retirement benefits from Social Security and pensions are the most common source of income among the aged. In 2004, Social Security paid benefits to 88% of Americans age 65 and older. Social Security is also the largest single source of income among the aged. Sixty-nine percent of Social Security beneficiaries age 65 or older receive more than half of their income from Social Security. For 39% of elderly recipients, Social Security contributes more than 90% of their income, and for nearly one-quarter of recipients, it is their only source of income. In 2004, 35% of people age 65 and older received income from a private or public pension. Among people age 65 and older who reported income from a government pension, the median annual amount was $15,600. Among recipients of private pensions, the median amount received in 2004 was just $6,720. Many Americans prepare for retirement by saving and investing some of their income while they are working. Of the 35.2 million Americans age 65 or older who were living in households in 2004, 19.7 million (56%) received income from assets, such as interest, dividends, rent, and royalties. Most received small amounts of income from the assets they owned. Of all individuals age 65 or older who received income from assets in 2004, half received less than $952. Earnings from work continue to be an important source of income for older Americans, especially those under age 70. Although there was a trend toward earlier retirement from about 1960 to 1985, over the past 20 years more Americans have continued to work at older ages. In 2004, median earnings for individuals age 55-61 who worked were $34,000, while median earned income for workers age 62-64 was $27,000. For workers 65 and older, the median earned income was $15,000. Poverty among those age 65 and older has fallen from one-in-three older persons in 1960 to one-in-ten today. While the overall rate of poverty is relatively low, it remains high for women, minorities, the less-educated, and those older than 80. This report will be updated annually.

  • Presidential Succession: Perspectives, Contemporary Analysis, and 110th Congress Proposed Legislation
    Presidential succession was widely considered to be a settled issue prior to the terrorist attacks of September 11, 2001. These events demonstrated the potential to disable both the legislative and executive branches of government, and raised the question of whether current arrangements are adequate to guarantee continuity in government under such circumstances. Members' concerns may be heightened as the 110th Congress prepares not only for its successor, but a change of administration, as well. Is the United States Government at greater risk of terrorist attack during this period of transition? Are present arrangements adequate to ensure continuity in the presidency in the event of a "worst-case" scenario? Some analysts and Members of Congress advocate modifications to existing laws to eliminate gaps and enhance procedures in the area of presidential succession. Subsequent to the attacks on the World Trade Center and the Pentagon, a range of legislation relating to presidential succession has been introduced. To date, the change has been incremental: on March 9, 2006, the President signed the USA Patriot Improvement and Reauthorization Act of 2005 into law (H.R. 3199, Representative James Sensenbrenner, P.L. 109-177, 120 Stat. 192). Title V, Section 503 of this act revised the order of presidential succession to incorporate the Secretary of Homeland Security as 18th in the line, following the Secretary of Veterans Affairs. In the 110th Congress, Representative Brad Sherman has introduced H.R. 540, which would: (1) expand the line of succession to include U.S. ambassadors to major foreign nations ; (2) make technical revisions to existing succession provisions in the U.S. Code; (3) declare the sense of Congress that the political parties should adopt procedures for the replacement of presidential and vice presidential candidates who die or are incapacitated before electoral votes are cast; and (4) declare the sense of Congress that outgoing Presidents should cooperate with Presidents-elect to insure that an incoming administration's cabinet officers should be nominated, approved and installed by inauguration. One other proposal, H.J.Res. 4, the Every Vote Counts Amendment, introduced by Representative Gene Green, deals with presidential succession within the broader context of electoral college reform. This report will be updated as events warrant.

  • The Federal Workforce: Characteristics and Trends
    Understanding the characteristics and trends of the federal workforce is important because, among other things, agencies accomplish their missions via that workforce. Total personnel costs (direct compensation and benefits) for all federal employees (civilian and military, current employees and retirees) were estimated at more than $523 billion in 2008, and civilian personnel costs in the executive branch alone were estimated at about $194 billion. Three cabinet departments -- the Departments of Defense (DOD), Veterans Affairs (DVA), and Homeland Security (DHS) -- accounted for almost 60% of the nearly 1.9 million executive branch civilian employees in 2008. The duty stations for more than 35% of these employees were in four states (California, Virginia, Texas, and Maryland) and the District of Columbia, and DOD was the top federal employer in 35 states. DOD also employed more than 90% of federal civilian employees in foreign countries, and was the top federal employer in U.S. territories. The federal workforce grew by more than 120,000 employees between 2000 (the low point during the last 10 years) and 2008, with the growth concentrated in homeland security-related agencies and DVA. Civilian employment in other agencies (including DOD and most independent agencies) declined during the last 10 years. The number of blue-collar and clerical federal jobs declined between 1998 and 2008, but the number of professional and administrative jobs increased during this period. The percentage of the federal workforce that was made up of minorities also increased, but the percentage that was women remained almost constant. Although women and minorities represented an increasing portion of the growing professional and administrative groups, the representation of women and minorities in the Senior Executive Service was less than their presence in the overall workforce. The federal workforce was somewhat older in 2008 than it was in 1998, but the average length of service declined from 15.2 years in 1998 to 14.7 years in 2008. The number of white-collar employees in the General Schedule (GS) pay system declined during the last 10 years, while the number of employees in agency-specific pay systems (primarily at DOD and DHS) increased dramatically (from less than 1% of the workforce in 1998 to 16% in 2008). If these trends continue, the GS system will cover less than half of the federal civilian workforce by the year 2020. The average salary of the workforce was $69,061 in 2008, but average salaries varied substantially between and within federal agencies and pay systems. Although the federal workforce has grown somewhat in recent years, a 2006 study estimated that the "hidden" federal workforce of contractors and grantees grew by more than 50% between 1999 and 2005, when it reportedly included more than 10.5 million jobs in 2005. That figure is more than twice as large as the combined total of all three branches of government, the U.S. Postal Service, the intelligence agencies, the armed forces, and the Ready Reserve. This report will be updated when September 2008 data for the federal workforce become available.

  • Oil Industry Financial Performance and the Windfall Profits Tax
    Over the past 10 years, surging crude oil and petroleum product prices have increased oil and gas industry revenues and generated record profits, particularly for the top five major integrated companies (also known as the "super-majors"): ExxonMobil, Royal Dutch Shell, BP, Chevron, and Conoco/Phillips. These companies, which reported a predominant share of those profits, generated more than $100 billion in profits on nearly $1.5 trillion of revenues in 2007. From 2003 to 2007, revenues increased by 51%; net income (profits) increased by 85%. Oil output by the five majors over this time period declined by more than 2%, from 9.85 to 9.63 million barrels per day. Being largely price-driven, with no increase in output, and with little new production resulting from increased oil industry investment, many believe that a portion of the increased oil industry income over this period represents a windfall and unearned gain, i.e., income not earned by any additional effort on the part of the firms, but due primarily to record crude oil prices, which are set in the world oil marketplace. Numerous bills have been introduced in the Congress over this period to impose a windfall profits tax (WPT) on oil. Most of the bills were introduced in the 109th and 110th Congresses, after the enactment of the Energy Policy Act of 2005, which provided oil and gas industry tax incentives, in addition to the industry's traditional tax subsidies. An excise-tax based WPT would tax only domestic production, and like the one in effect from 1980-1988, would increase marginal oil production costs, which theoretically could reduce domestic oil supply, and raise petroleum imports, making the United States more dependent on foreign oil, undermining goals of energy independence and energy security. By contrast, an income-tax based WPT would be more economically neutral (less distortionary) in the short-run: sizeable revenues could be raised without reducing domestic oil supplies. Neither the excisetax based or income-tax based WPT are expected to have significant price effects: neither tax would increase the price of crude oil, which means that refined petroleum product prices, such as pump prices, would likely not tend to increase. In lieu of these two types of WPT, an administratively simple way of increasing the tax burden on the oil industry, and therefore recouping some of any excess or windfall profits, particularly from major integrated producers, would raise the corporate tax rate by, for instance, repealing or reducing the domestic manufacturing activities deduction under IRC � 199. This deduction is presently 6% of a firm's net income) and is available generally to all domestic manufacturing businesses (service firms are excluded), including almost all oil firms. Repealing this deduction for the major integrated oil companies, and freezing it at 6% for the remaining qualifying oil companies is estimated by the Joint Committee on Taxation to generate about $10 billion over 10 years.

  • Economic Stimulus Proposals for 2008: An Analysis
    In response to fears of an economic downturn, legislators and the President have proposed economic stimulus packages. After negotiations with the Administration, the Recovery Rebates and Economic Stimulus for the American People Act of 2008 (H.R. 5140) was introduced and passed by the House on January 29. On January 30, the Senate Committee on Finance reported the Economic Stimulus Act of 2008, which contains provisions not included in the House bill, as well as elements that are similar. The Senate committee bill is set for consideration on the Senate floor. The estimated budget cost of the House bill is $145.9 billion for FY2008 and $14.8 billion for FY2009, and $117.2 billion over 10 years. The Senate Finance Committee bill's estimated budget cost is $158.1 billion for FY2008 -- about 8% higher than H.R. 5140 -- and $155.7 billion over 10 years. The largest provisions in both bills (in terms of budgetary cost) are a tax rebate for individuals and business tax provisions. Both bills contain these provisions, but differ in their details. In the House bill, the rebate would equal up to $600 for single and $1,200 for married households that are eligible. In the Senate committee bill, it would equal up to $500 for single and $1,000 for married households, but more households would be eligible (including more retirees). The business tax provisions include bonus depreciation and expensing for small businesses. The Senate committee bill also includes an extension in unemployment compensation benefits up to 26 weeks and expiring energy tax provisions, while the House bill includes an increase in the conforming loan limit for mortgages from $417,000 up to $729,750 in high-cost areas. The need for fiscal stimulus depends, by definition, on the state of the economy. While the economy is not officially in a recession at present, there are signs that economic activity may be slowing. Some economists are predicting a recession in the near term based on the downturn in the housing market, its spillover into financial markets, and the rise in energy prices. In the absence of fiscal stimulus, some economists believe that the Fed's recent decision to significantly reduce interest rates and natural market adjustment would be enough to avoid recession. Fiscal policy generally stimulates the economy through an increase in the budget deficit. In the case of deficit-financed spending increases, the increase in total spending is direct. In the case of deficit-financed tax cuts, the economy is stimulated via the increase in spending by the tax cuts' recipients. Any increase in spending as a result of fiscal stimulus is strictly temporary -- in the long run, the economy naturally adjusts to set spending equal to output. Economists have debated which policy proposals would be most stimulative. There is a consensus that proposals that result in more spending, can be implemented quickly, and leave no long-term effect on the budget deficit would increase the benefits and reduce the costs of fiscal stimulus. That being said, there is little consensus on which policy proposals best meet these criteria. Economists generally agree that spending proposals are somewhat more stimulative than tax cuts since part of a tax cut will be saved by the recipient. The most important determinant of stimulative fiscal policy's effect on the economy is its size. Both bills would increase the deficit by about 1% of GDP.

  • Defense: FY2009 Authorization and Appropriations
    The annual consideration of appropriations bills (regular, continuing, and supplemental) by Congress is part of a complex set of budget processes that also encompasses the consideration of budget resolutions, revenue and debt-limit legislation, other spending measures, and reconciliation bills. In addition, the operation of programs and the spending of appropriated funds are subject to constraints established in authorizing statutes. Congressional action on the budget for a fiscal year usually begins following the submission of the President?s budget at the beginning of each annual session of Congress. Congressional practices governing the consideration of appropriations and other budgetary measures are rooted in the Constitution, the standing rules of the House and Senate, and statutes, such as the Congressional Budget and Impoundment Control Act of 1974. This report is a guide to one of the regular appropriations bills that Congress considers each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Defense. For both defense authorization and appropriations, this report summarizes the status of the bills, their scope, major issues, funding levels, and related congressional activity. This report is updated as events warrant and lists the key CRS staff relevant to the issues covered as well as related CRS products.

  • The U.S. Trade Deficit, The Dollar, and The Price of Oil
    Rapid changes in the price of oil and the impact of such price changes on economies around the globe has attracted considerable attention. In mid-2008 as the price of oil rose to unprecedented heights and then dropped sharply, the international exchange value of the dollar fell and then rose relative to a broad basket of currencies. For some, these two events seem to indicate a cause and effect relationship between changes in the price of oil and changes in the value of the dollar. Despite common perceptions that there is a direct cause and effect relationship between changes in the international exchange value of the dollar and the price of oil, an analysis of recent data indicate that the rise in the price of oil is being driven by an increase in demand that is exceeding the increase in supply. This report analyzes the relationship between the dollar and the price of oil and how the two might interact. While the data do not support a strong cause and effect relationship between the value of the dollar and the price of oil, there likely are various channels through which changes in the price of oil and in the value of the dollar may be indirectly correlated. The data also indicate that an increase in the demand for crude oil that exceeded the increase in the supply of oil and a laggardly pace in oil production capacity likely are among the main factors behind the sharp run up in the price of oil in the first seven months of 2008. The rise in oil prices also is affecting the U.S. trade deficit. This report provides an assessment of the impact a range of prices of imported oil could have on the U.S. trade deficit. This report will be updated as events warrant.

  • The U.S. Financial Crisis: Lessons From Japan
    Japan's five bank bailout packages in the late 1990s may hold some lessons for the United States. Most of the packages were administered by the Deposit Insurance Corporation of Japan (DICJ). The packages had an announced value of $495 billion. The DICJ reports that it provided $399 billion to Japan's troubled financial institutions of which it has recovered $195 billion. Overcoming the crisis in Japan's banks took a combination of capital injections, new laws and regulations, stronger oversight, a reorganization of the banking sector, moderate economic recovery, and several years of banks working off their non-performing loans. This report will be updated as circumstances warrant.

  • The U.S. Financial Crisis: Lessons From Chile
    Chile experienced a banking crisis from 1981-84 that in relative terms had a cost comparable in size to that perhaps facing the United States today. The Chilean Central Bank acted quickly and decisively in three ways to restore faith in the credit markets. It restructured firm and household loans, purchased nonperforming loans temporarily, and facilitated the sale or liquidation of insolvent financial institutions. These three measures increased liquidity in the credit markets and restored the balance sheets of the viable financial institutions. The Central Bank required banks to repurchase the nonperforming loans when provision for their loss could be made and prohibited distribution of profits until they had all been retired. Although the private sector remained engaged throughout the resolution of this crisis, the fiscal costs were, nonetheless, very high.


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