Limits on hate crime laws

In mid-February, a 15-year-old boy in Oxnard, CA, was shot in the head by a 14-year-old classmate who now faces murder charges. As reported by the LA Times, several students said the victim had come out as gay. According to authorities, "If the suspect targeted [the victim] because of his sexual orientation, the case could rise to the level of a hate crime."

A recent paper by the Congressional Research Service (CRS) summarizes the constitutional issues for states and Congress when enacting hate crime laws. CRS cites several U.S. Supreme Court cases that provide the parameters for such legislation.

After these landmark cases, the real questions for states involve identifying permissible ways to curtail hate crimes without infringing on any constitutionally protected rights. On the federal level...the question remains as to what extent Congress can broaden the classes of individuals subject to hate crime legislation.

The paper discusses the applicability of the commerce clause, the Reconstruction Amendments (13th, 14th, and 15th), and the 1st and 6th Amendments.

Constitutional Limits on Hate Crime Legislation, RS22812 (pdf, 6pp/76kB, from Open CRS), Feb. 20, 2008

See earlier FR post, Dealing with "symbols of fear and violence," 10.25.07. §706-662, Hawaii Revised Statutes, therein was amended by HB2, which became Act 1, Session Laws of Hawaii 2007, 2nd Special Session.

Recycling CFLs

Since 2006, compact fluorescent light bulbs (CFLs) have seen a sharp increase in sales and now comprise 20% of the U.S. light bulb market, according to a report from the Congressional Research Service (CRS). With their increased use, concerns have arisen about the disposal of CFLs because they contain small amounts of mercury and may be deemed household hazardous waste. In light of this designation, the CRS paper includes a discussion of the disposal and recycling of CFLs, and notes recycling programs in Maine and Minnesota, and the Northwest Compact Fluorescent Lamp (CFL) Recycling Project for Oregon and Washington.

Compact Fluorescent Light Bulbs (CFLs): Issues with Use and Disposal, RS22807, (pdf, 6pp/80kB, from Open CRS), February 13, 2008

Recession - who decides?

A four-page paper from the Congressional Research Service (CRS) discusses the definition of a recession. The "generally recognized arbiter" of recessions is the National Bureau of Economic Research (NBER), specifically its business cycle dating committee. On Jan. 7, the committee issued a memo which stated in part:

A recession is a significant decline in economic activity spread across the economy, lasting more than a few months, normally visible in real GDP, real income, employment, industrial production, and wholesale-retail sales.

CRS notes that since it takes time to compile data, it can be more than a year to date the beginning of a recession. The paper concludes:

Although there can be a significant delay between the onset of a recession and the dating committee determination, there is often little doubt that the economy is, or has been, in recession well before the announcement. For policy to have mitigating effects, it must occur quickly. Policymakers may not have the luxury of holding themselves to as strict a definition of recession as economic analysts.

What is a Recession, Who Decides When It Starts, and When Do They Decide? RS22793 (pdf, 4pp/64kB, from Open CRS), Jan. 23, 2008

Recent CRS reports

Congressional Research Service (CRS) reports from Open CRS:

The Effect of State-Legalized Same-Sex Marriage on Social Security Benefits and Pensions, RS21897 (pdf, 5pp/68kB), Jan. 3, 2008

Same-sex spouses are ineligible for Social Security benefits because of gender-based definitions of "wife" and "husband" in the Social Security Act (42 USC 416 (b) and (f)), and the definition of "marriage" in the Defense of Marriage Act, DOMA, P.L. 104-199 (pdf).

Both federal and private pensions regulated by the Employee Retirement Income Security Act (ERISA) are required to comply with DOMA's definition of a spouse as a "person of the opposite sex who is a husband or a wife."


Dollar Crisis: Prospect and Implications, RL34311 (pdf, 17pp/124kB), Jan. 8, 2008

Since 2002, the dollar in international exchange has fallen about 29%, accelerating in latter 2007. Among the report's findings are three possible reasons why a dollar crisis won't occur: a large share of a global saving glut is attracted to U.S. asset markets, resulting in large capital inflows to the U.S.; under the current global monetary arrangement known as Breton Woods II, central banks, particularly in Asia, use dollar reserves to stabilize their currencies; and the "dark matter argument"--that large measurement errors in U.S. trade data understate U.S. exports and overstate U.S. net external debt, the dark matter being invisible assets.


Regulation of Vehicle Greenhouse Gas Emissions: State and Federal Standards, RS22788 (pdf, 6pp/76kB), Jan. 11, 2008

This report stems from the denial by the Environmental Protection Agency (EPA) of California's request for a waiver to establish its own greenhouse gas (GHG) emissions standards and compares them with federal standards. California was denied a waiver because federal fuel economy standards in the 2007 energy bill (P.L. 110-140) "will be more stringent than the California program." CRS cites the two relevant California bills that were enacted: AB1493 (pdf, 8pp), in 2002, requiring GHG reductions for vehicles from model year 2009, and AB32 (pdf, 13pp), in 2006, requiring additional GHG reductions.

See earlier FR posts on the energy bill (H.R. 6 that became P.L. 110-140):
     Smart grid - the bigger picture (1-8-08)
     Smart grid (1-3-08)

Smart grid - the bigger picture

A recent post covered a report from the Congressional Research Service (CRS) on Smart Grid, part of the Energy Independence and Security Act of 2007, H.R. 6 that became P.L. 110-140 (still unavailable online). CRS subsequently issued a report on the entire act, providing a summary of its major provisions.

The report cites the law's key provisions as:

• Corporate Average Fuel Economy (CAFE). Sets a target of 35 miles per gallon for the combined fleet of cars and light trucks by model year 2020.


• Renewable Fuels Standard (RFS). Sets a modified standard that starts at 9.0 billion gallons in 2008 and rises to 36 billion gallons by 2022.


• Energy Efficiency Equipment Standards. Includes a variety of new standards for lighting and for residential and commercial appliances, including residential refrigerators, freezers, refrigerator-freezers, metal halide lamps, and commercial walk-in coolers and freezers.

CRS summarizes each of the 16 titles in the new law.

Energy Independence and Security Act of 2007: A Summary of Major Provisions, CRS Report RL34294 (pdf, 27pp/152kB, from Open CRS), Dec. 21, 2007

Smart grid

On Dec. 19, President Bush signed into law the Energy Independence and Security Act of 2007, H.R.6, which became P.L. 110-140 (not currently available online). According to a NY Times article, it is "Legislation that will slowly but fundamentally change the cars Americans drive, the fuel they burn, the way they light their homes and the price they pay for food...."

On Dec. 20, the Congressional Research Service (CRS) issued a report on Smart Grid, provided for in Title XIII of the act.

The term Smart Grid refers to a distribution system that allows for flow of information from a customer's meter in two directions: both inside the house to thermostats and appliances and other devices, and back to the utility....The goal is to use advanced, information-based technologies to increase power grid efficiency, reliability, and flexibility, and reduce the rate at which additional electric utility infrastructure needs to be built.

Section 1307 therein provides for state consideration of Smart Grid. As summarized by CRS:

The Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621 (d)) is amended to require each state to consider requiring electric utilities demonstrate that prior to investing in non-advanced grid technologies, Smart Grid technology is determined not to be appropriate. States must also consider regulatory standards that allow utilities to recover Smart Grid investments through rates.

Smart Grid Provisions in H.R. 6, 110th Congress, CRS Report RL34288 (pdf, 11pp/248kB, from Open CRS), December 20, 2007

Video of Speaker Nancy Pelosi speaking in favor of the bill, Dec. 6, 2007 (10:03), from YouTube:

State greenhouse gases

This week the Congressional Research Service (CRS) issued a report on state greenhouse gas (GHG) emissions.

The report uses three variables, or emissions drivers, to calculate GHG emissions: population, per capita income, and GHG emissions intensity. Of the three, CRS considers GHG intensity the most relevant to climate change policy. GHG intensity is a measure of GHG emissions from state sources divided by the gross state product (GSP). Hawaii ranks 46th in GHG emissions and drivers. The report also covers CO2 emissions intensity, which account for 85% of GHG emissions in the U.S. In a ranking of CO2 emissions intensity and its drivers, Hawaii ranks 34th.

State Greenhouse Gas Emissions: Comparison and Analysis, CRS Report RL34272 (pdf, 34pp/200kB, from Open CRS), December 5, 2007

Curbing Internet gambling

The Congressional Research Service (CRS) recently reported on proposed regulations to implement the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA), Title VIII of the SAFE Port Act, PL 109-347 (pdf, 80pp/228kB), 120 Stat. 1952. The regs identify five payment systems in which to interdict the flow of illegal Internet gambling proceeds: cards systems, money transmission systems, wire transfer systems, check collection systems, and the Automated Clearing House (ACH) system. The report notes that except for financial institutions that deal directly with illegal Internet gamblers, tracking revenues in wire transfer, check collection, and ACH systems is not currently feasible.

CRS cites three bills introduced in the 110th Congress to augment UIGEA: the Internet Gambling Regulation and Enforcement Act of 2007, HR 2046 (pdf, 26pp), Internet Gambling Regulation and Tax Enforcement Act of 2007, HR 2607 (pdf, 4pp), and the Skill Game Protection Act, HR 2610 (pdf, 6pp).

Unlawful Internet Gambling Enforcement Act and Regulations Proposed for Its Implementation, CRS Report RS22749 (pdf, 6pp/72kB, from Open CRS), November 1, 2007

Dealing with "symbols of fear and violence"

From the Jena Six case in Louisiana to the recent (Oct. 22) sending of a noose to a black principal in Brooklyn, as reported by the New York Times, there has been a growing number of incidents involving nooses. The latter AP story, found on the ABC News website, notes that "the frightening symbol of segregation-era lynchings has been turning up around the country."

Earlier this month, the Congressional Research Service (CRS) issued a report on state laws against what are basically hate crimes. According to the report, virtually every state has criminal statutes covering burning crosses, exhibitions of nooses, and similar displays, or those that cover coercion, terroristic threats, harassment, or the deprivation of civil rights that can be applied to misconduct like cross burning. CRS provides an extensive analysis of First Amendment protection of speech and expressive conduct relating to these statutes.

CRS also notes that most states have enhanced sentencing laws for hate crimes. In Hawaii, §706-662, Hawaii Revised Statutes, provides for extended terms of imprisonment. Subsection (6) therein specifically covers hate crime offenders. On October 1, 2007, in State v. Maugaotega (html) (pdf, 39pp.), the Hawaii Supreme Court declared §706-662 unconstitutional because it authorizes a court, rather than a jury, to make the finding that an extended term is necessary.

Burning Crosses, Hangman's Nooses, and the Like: State Statutes That Proscribe the Use of Symbols of Fear and Violence with the Intent to Threaten, CRS Report RL34200 (pdf, 20pp/144kB, from Open CRS), October 5, 2007

State e-waste laws

Twelve states (AR, CA, CT, ME, MD, MA, MN, NH, OR, RI, TX, and WA) have enacted laws on managing electronic waste. A recent report from the Congressional Research Service (CRS) analyzes these laws - discussing the issues leading to state action, their common elements, and an overview of each law.

CRS considers the following issues as spurring state legislation: the volume and bulky nature of e-waste, hazardous components of e-waste, cost of recycling electronics, and the inability of stakeholders to agree on a national system. The common provisions of the laws noted by CRS are: definition of "covered electronic devices" (CEDs); funding mechanism (consumer or producer pays); collection and recycling criteria (banning landfill disposal, restricting e-waste exports, setting recycling standards, and prohibiting prison labor); and product restrictions (labeling and registration requirements, restrictions on using certain materials, and restrictions on retailers).

Managing Electronic Waste: An Analysis of State E-Waste Legislation, CRS Report RL34147 (pdf, 24pp/156kB, from Open CRS), August 29, 2007

Food from China

The safety of foods, medicines, and other products from China is the subject of a recent report from the Congressional Research Service (CRS), which also discusses congressional criticisms of China's food safety system and U.S. safeguards of food imports. According to the report, when the values of food, agricultural, and seafood products are combined, China is the third largest supplier to the U.S. after Canada and Mexico.

The two primary federal agencies responsible for food safety are the Food and Drug Administration (FDA) and the Food Safety and Inspection Service (FSIS) of the Dept. of Agriculture (USDA). On June 28, 2007, in what CRS calls "perhaps the most significant move to date," the FDA issued Import Alert #16-131, ordering "Detention Without Physical Examination" of five aquaculture products from China: catfish, basa (related to catfish), shrimp, dace (related to carp), and eel. The FDA has also provided a Q&A on the import alert.

The report notes the various bills that have been introduced in Congress concerning China imports and U.S. food safety measures, as well as for quicker implementation of country-of-origin labeling (COOL).

Food and Agricultural Imports from China, CRS Report RL34080 (pdf, 18pp/132kB, from Open CRS), July 17, 2007

Congress and climate change

On June 27 Reuters reported that the U.S. House passed a bill "recognizing the 'reality' of climate change," increasing federal funding for research on climate change, and establishing a new commission to address scientific questions.

The bill is HR 2643 (pdf). Title V therein (p. 111, et seq.) expresses "the sense of the Congress" that there should be a program of limits on greenhouse gases. The new commission is established in Title II (at p. 56).

In a related matter, on June 25 the Congressional Research Service (CRS) published a report on the the role of carbon dioxide in climate change. Recognizing that "Congress is considering several legislative strategies that would reduce U.S. emissions of greenhouse gases--primarily carbon dioxide (CO2)," CRS examines the global carbon cycle, which is the exchange of carbon between the atmosphere, the oceans, and Earth's land surface. From the Summary:

Less than half of the total amount of CO2 released from burning fossil fuels during the past 250 years has remained in the atmosphere because two huge reservoirs for carbon--the global oceans and the land surface--take up more carbon than they release. They are net sinks for carbon. If the oceans, vegetation, and soils did not accumulate as much carbon as they do today, then the concentration of CO2 in the atmosphere would increase even more rapidly. . . .

Congress may opt to consider how land management practices, such as afforestation, conservation tillage, and other techniques, might increase the net flux of carbon from the atmosphere to the land surface.

The Carbon Cycle: Implications for Climate Change and Congress, CRS Report RL34059 (pdf, 14pp/240kB, from Open CRS), June 25, 2007

Good-bye, trash

Yesterday both Honolulu dailies, the Advertiser and the Star Bulletin, published articles on the city's plans to send its trash to the mainland beginning in early 2008. The Advertiser cited a recent U.S. Supreme Court decision (pdf) upholding "flow control" ordinances that would support Honolulu's plans. (Today the Advertiser reported briefly on Oahu's limited landfill options.)

For a national overview, last week the Congressional Research Service (CRS) issued a report on interstate shipment of solid waste (the data being generally from 2005). According to CRS, the largest waste importer is Pennsylvania, receiving over 7.9 million tons, most of it from New York and New Jersey; NY and NJ are the largest exporters. For Oahu's waste, the Advertiser reported that three companies are considering shipping trash to Washington or Oregon. In the CRS report, Oregon imported over 1.7 million tons and Washington over 147,000 tons of waste, both as of 2005.

Interstate Shipment of Municipal Solid Waste: 2007 Update, CRS Report RL34043 (pdf, 30pp/260kB, from Open CRS), June 13, 2007

Legal Services Corporation

Since 1975, the private, non-profit, and federally funded Legal Services Corporation (LSC) has provided civil legal services to the poor. The Congressional Research Service (CRS) recently published a report on LSC's background and funding. LSC's primary responsibility is to oversee federal funds granted to local legal services providers, called LSC grantees. LSC grantees supplement LSC monies with other government and private funding, from such programs as the federal Violence Against Women Act (VAWA), private foundations, and national, state, and local bar associations. In FY2007 Congress appropriated $348.6 million to LSC. In FY2006, Hawaii received approximately $1.46 million from LSC, 22% of a total $6.6 million in funds to serve low-income clients.

According to the report, under federal law LSC grantees may not engage in certain actions, such as those related to redistricting, abortion, assisted suicide, drug-related eviction proceedings, or reforming a federal or state welfare system.

In 2006, CRS reports, LSC funded 138 local programs with 3,600 attorneys, down from 320 local programs with 4,500 attorneys in 1994.


Legal Services Corporation: Background and Funding, CRS Report RL34016 (pdf, 14pp/112kB, from Open CRS), May 23, 2007

Greenhouse gas emissions

Two reports on greenhouse gas emissions issued last month by the Congressional Research Service (CRS), one on state actions and the other from an international perspective, were provided on Open CRS.

According to the report on state actions, since there is no federal program mandating greenhouse gas reductions, many states have addressed this issue. However, California and several Northeast and Mid-Atlantic states have taken "the most aggressive actions." CRS devotes the first part of its report to California and the second part to the Regional Greenhouse Gas Initiative (RGGI), a collaboration of 8 states - CT, DE, ME, MA, NH, NJ, NY, and VT - to reduce carbon dioxide emissions from power plants. From January 2009, the initiative will begin a mandatory cap-and-trade program for carbon dioxide, setting a cap on emissions and allocating credits among individual sources. (The concluding section of the report reviews issues for Congress presented by these state actions.)

In the international report, CRS discusses the interactions of three variables in measuring greenhouse gas emissions: population, income, and intensity of emissions. The report refers to three initiatives addressing climate change and the growth in greenhouse gases: the United Nations Framework Convention on Climate Change (UNFCCC); the Kyoto Protocol (Wikipedia); and the Asia-Pacific Partnership on Clean Development and Climate (APP). CRS notes the great divide between developed and less-developed nations. While developed countries may practice conservation and energy efficiency, population and economic growth increase total energy use. In less-developed countries, increases in emissions result from energy expended for economic development.

Greenhouse Gas Reductions: California Action and the Regional Greenhouse Gas Initiative, CRS Report RL33962 (pdf, 21pp/148kB), April 13, 2007

Greenhouse Gas Emission Drivers: Population, Economic Development and Growth, and Energy Use, CRS Report RL33970 (pdf, 36pp/280kB), April 24, 2007

Juvenile justice in Congress

Anticipating that Congress will consider the reauthorization of the Juvenile Justice and Delinquency Prevention Act (JJDPA), the Congressional Research Service (CRS) has prepared a report on the subject.

Originally enacted in 1974, P.L. 93-415, JJDPA was last reauthorized in 2002 by the 21st Century Department of Justice Appropriations Authorization Act, P.L. 107-273 (pdf), Division C, Title II, Subtitle B. As CRS reports, juvenile justice is primarily the domain of the states. JJDPA created the federal agencies and grant programs to assist states' juvenile justice systems, and established core mandates for states to receive grant funding.

CRS sees the following as potential issues in JJDPA's reauthorization:

• Rehabilitation versus accountability
• Expanding or modifying the core mandates
• Juvenile Delinquency Prevention Block Grant
• Overlap in grant programs
• Coordination of federal efforts

Juvenile Justice: Legislative History and Current Legislative Issues, CRS Report RL33947 (pdf, 37pp/204kB, from Open CRS), April 2, 2007

The "middle class"

Legislation before Congress is often for the "middle class," but there is no consensus definition or official government definition of the term, according to a recent paper from the Congressional Research Service (CRS). CRS attempts to give the term some perspective by using income data. In 2005 the median household income was $46,235. Using data in which household income distribution is divided into fifths, or quintiles, CRS considers one definition of middle class to comprise the three middle quintiles, with incomes ranging from $19,178 to $91,705, accounting for 60% of all households and 46.2% of all household income.

The paper also discusses the "economics of happiness," related to relative income and self-assessment.

Who Are the "Middle Class"?, CRS Report RS22627 (pdf, 6pp/68kB, from Open CRS), March 20, 2007

Health costs - seniors not the main driver

A recent report from the Congressional Research Service (CRS) concludes that the increase in health care costs comes from demand from all age groups, not just the elderly. The report notes:

...population aging is itself a relatively minor factor in the growth of national spending for health care. Other factors, including rising per capita income, the availability of new health care products and services, health insurance coverage, and characteristics of the health care system, play a much bigger role.

However, even if aging has a minor impact on national health spending, it will have a larger impact on federal spending because of growth in costs and enrollment in Medicare.

Health Care Spending and the Aging of the Population, CRS Report RS22619 (pdf, 6pp/80kB, from Open CRS), March 13, 2007

Safe Schools in Congress

The Safe and Drug-Free Schools and Communities Act (SDFSCA), Title IV, Part A, of the Elementary and Secondary Education Act (ESEA), was amended and reauthorized through FY2007 by the No Child Left Behind Act (NCLB) (P.L. 107-110). The Congressional Research Service (CRS) has issued a report on possible actions the 110th Congress may take regarding reauthorization of SDFSCA.

According to the report, NCLB authorizes funding for the SDFSA program, "which is the federal government's major initiative to prevent drug abuse and violence in and around schools." Grants are awarded to state and local educational agencies and to governors. Governors receive 20% of a state allotment to award grants and contracts to public and private entities.

The Safe and Drug-Free Schools and Communities Act: Reauthorization and Appropriations, CRS Report RL33870 (pdf, 16pp/120kB, from Open CRS), Feb. 8, 2007

Genetic testing - some background

In a recent report, the Congressional Research Service (CRS) noted that several bills relating to genetic and genomic technology and testing were introduced in the 109th Congress. Although none passed, "they signal the growing importance of the public policy issues surrounding the clinical and public health implications of new genetic technology." In its report, CRS summarizes fundamental concepts in genetics and provides an overview of genetic tests and key policy issues.

The Food and Drug Administration (FDA) and Centers for Medicare and Medicaid Services (CMS) regulate genetic tests through the Clinical Laboratory Improvement Amendments (CLIA) of 1988 (P.L. 100-578). CRS emphasizes that CLIA regulates the analytical validity of genetic tests but not their clinical validity and thus is subject to criticism that it "does not go far enough to assure the accuracy of genetic tests."

Genetic Testing: Scientific Background for Policymakers, CRS Report RL33832 (pdf, 13pp/108kB, from Open CRS), January 26, 2007

NCLB in Congress

Anticipating that Congress will amend and extend the Elementary and Secondary Education Act which was most recently amended by the No Child Left Behind (NCLB) Act of 2001 (P.L. 107-110), the Congressional Research Service (CRS) issued a report on NCLB reauthorization issues that it believes Congress will focus on:

• Assessments
• Adequate Yearly Progress (AYP)
• Performance based sanctions - which generally apply only to Title I-A schools
• Staff qualifications - regarding "highly qualified teachers"
• Funding levels
• International competitiveness
• Federal role

A Jan. 15 editorial in the Honolulu Advertiser noted, "Last year, 66 percent of public schools in Hawaii failed to meet the AYP requirements under No Child Left Behind...(but) it did show an overall improvement in student proficiency in both math and English." The editorial urges the federal government to allow states to use such student progress as an assessment measure rather than a rigid pass or fail benchmark.

It's unfair to deny students the chance to be measured against this more-forgiving scale. During the next few months, Congress will decide whether to reauthorize the law, or make improvments to it. Considering the stakes--our children's education--making improvements is not an option. It's an obligation.

The No Child Left Behind Act: An Overview of Reauthorization Issues for the 110th Congress, CRS Report RL33749 (pdf, 33pp/196kB, from Open CRS), December 16, 2006

See related FR post: NCLB - Measuring progress

How Congress appropriates

Earlier this month, the Congressional Research Service (CRS) published a report on the congressional appropriations process. The report covers the following:

• annual appropriations cycle
• types of appropriations measures
• spending ceilings for appropriations associated with the annual budget resolution
• relationship between authorization and appropriation measures

The annual appropriations cycle begins when the president submits his annual budget to Congress. Congress then adopts a budget resolution, considers appropriation measures, votes on the bills, and if passed, sends them to the president for his signature or veto.

The types of appropriations measures are 11 regular appropriations bills, continuing resolutions (to maintain temporary funding if a regular appropriations measure is not enacted by the deadline), and supplementals for additional funds or for unforeseen needs such as disasters.

The budget resolution covers at least five fiscal years. For each year, it sets the total budget and allocates spending among 20 functional categories (such as national defense, transportation, etc.).

Authorization and allocation measures are considered in sequence. Authorizations establish, continue, or modify agencies or programs. Appropriation measures then give these agencies and programs their budgets.

The Congressional Appropriations Process: An Introduction , CRS Report 97-684 (pdf, 32pp/176kB, from Open CRS), December 8, 2006

Energy stats

The Congressional Research Service (CRS) recently updated its statistical report on energy supply and consumption in the U.S. The report begins with an overview of total energy consumption, then presents detailed analyses of trends and statistics for oil, electricity, natural gas, and coal.

On gasoline prices, the report comments:

A significant and not often noted fact is that, like many commodities, the long-term trend in gasoline prices, adjusted for inflation and excluding temporary surges, has been down. As shown in Figure 8, the real price of gasoline peaked in 1980, then fell precipitously in the mid-1980s. The surge in prices since the summer of 2004 brought the price close to the peak of 1980 (in real dollars).

The statistics are largely from the Energy Information Administration (EIA) of the Dept. of Energy (DOE).

Energy: Selected Facts and Numbers, CRS Report RL31849, October 6, 2006 (pdf, 184KB, 30p., from Open CRS)

Congress and state corporate income taxes

The Congressional Research Service (CRS) recently published a report giving an overview of state corporate income taxes and analyzing current congressional activity affecting those taxes. There are two reasons Congress has a role in state corporate income taxes: (1) interstate commerce regulatory oversight, and (2) federal and state corporate income tax interaction.

The report focuses on four bills that are now before Congress:

H.R. 1956 (pdf, 10p.) and S.2721 (pdf, 10p.) are similar. These bills impose uniformity for nexus determination and expand the definition of goods and services relative to nexus.

S.2152 (pdf, 21p.) and S.2153 (pdf, 29p.) are streamlined sales tax legislation. States would have to simplify their sales and use taxes before they can compel remote vendors to collect those taxes.

State Corporate Income Taxes: A Description and Analysis, CRS Report RL32297 (pdf, 104KB, 19p., from Open CRS), June 30, 2006

Disability under the ADA

The Congressional Research Service (CRS) published a report March 9 on the definition of disability under the Americans with Disabilities Act (ADA). The ADA, codified in 42 U.S.C. §§12101 et seq., defines disability with respect to an individual as "(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or C) being regarded as having such an impairment." (42 U.S.C. §12102)

The study discusses five U.S. Supreme Court decisions addressing "disability": Bragdon v. Abbot (1998; HIV); Sutton v. United Airlines (1999; pilot's vision); Murphy v. United Parcel Service (1999; commercial driver's high blood pressure); Albertsons, Inc. v. Kirkingburg (1999; truck driver's vision); and Toyota Motor Manufacturing v. Williams (2002; carpal tunnel syndrome).

The report also reviews lower court decisions interpreting the Supreme Court's rulings in the areas of: mitigating measures, major life activity of working, "history of" an impairment, and being "regarded as" having an impairment.

The Americans with Disabilities Act (ADA): The Definition of Disability, CRS Report RL33304
(pdf, 64KB, 14p., from Open CRS)

Related CRS report:

The Americans with Disabilities Act (ADA): Statutory Language and Recent Issues, CRS Report 98-921A, updated April 23, 2003 (pdf, 192KB, 45p., from the U.S. Dept. of State)

Ethanol - background and policy issues

The Congressional Research Service (CRS) released a report on ethanol last week (Mar. 3). The study focuses on ethanol made from corn, since that is the primary source in the U.S.; in other countries it is cane sugar.

According to the study, finding alternatives to petroleum is a constant in U.S. energy policy, and ethanol plays a key role. While ethanol's primary use currently is as a gasoline additive, "it has the potential to significantly displace petroleum demand." CRS traces the initial spur for ethanol production to the mid-70s, as a response to the oil embargoes of 1973 and 1979. Thereafter, the ethanol industry got a boost when the Clean Air Act Amendments of 1990 (S.1630 which became PL 101-549) created the reformulated gasoline (RFG) program. As the report explains, RFG requires oxygenates in gasoline to reduce carbon monoxide and other emissions, and ethanol is one of the two most commonly used oxygenates. The study also discusses the most recent legislation, the Energy Policy Act of 2005 (PL 109-58, pdf, 3MB, 551p., from GPO). The Act established renewable fuel standards (RFS), mandating ethanol and other renewable fuels in gasoline.

The study asserts that the ethanol market relies heavily on federal incentives such as tax credits, import tariffs, and mandates for its use, which to ethanol opponents "amount to corporate welfare for corn growers and ethanol producers." The report concludes that ethanol's benefits in terms of energy consumption and greenhouse gases are limited, but federal incentives have promoted significant growth in the industry. In requiring renewable fuels in gasoline, the Energy Policy Act of 2005 will continue to create demand for ethanol, CRS believes.

The report notes that in the current 109th Congress, H.R.4409 (pdf, 180KB, 89p., from GPO) eliminates the tariff for fuel ethanol, among other provisions.

Fuel Ethanol: Background and Public Policy Issues, CRS Report RL33290
(pdf, 116KB, 26p., from Open CRS)

Data security - federal and state laws

In a 6-page report issued Feb. 3, the Congressional Research Service (CRS) presents a brief discussion of federal and state data security laws. The report traces public awareness of security breaches of electronic personal data to the California Security Breach Notification Act, which became effective in 2003 (Cal. Civ. Code §1798.82). The report covers federal data security standards, federal data breach notification standards, and state data breach notification laws. As of December 2005, 35 states had introduced legislation and 22 had enacted data security laws.

Data Security: Federal and State Laws, CRS Report RS22374
(pdf, 48KB, from Open CRS)

Recent CRS reports referred to in the above report, all from Open CRS:

Personal Data Security Breaches: Context and Incident Summaries, RL33199 (pdf, 136KB, 21p.), Dec. 16, 2005

Internet Privacy: Overview and Pending Legislation, RL31408 (pdf 116KB, 25p.), updated Oct. 19, 2005

Information Brokers: Federal and State Laws, RS22087 (pdf, 36KB, 5p.), updated May 17, 2005

Data Brokers: Background and Industry Overview, RS22137 ((pdf, 36KB, 5p.), May 5, 2005

Privacy Protection for Customer Financial Information, RS20185 (pdf, 40KB, 6p.), updated April 18, 2005

Health Savings Accounts in the states

Related to FR's earlier post on federal rules governing Health Savings Accounts (HSAs) is a compendium of state legislation on HSAs and Medical Savings Accounts (MSAs) from the National Conference of State Legislatures (NCSL), made available online Feb. 2.

2004-2006 State Legislation on Health Savings Accounts and Medical Savings Accounts

Health Savings Accounts - 2006 rules

On Jan. 31 the Congressional Research Service (CRS) published an overview of current rules for Health Savings Accounts (HSAs). (See earlier FR post here.) The publication summarizes the principal rules governing HSAs, such as eligibility, qualifying health insurance, contributions, and withdrawals.

An HSA is a tax-exempt account for paying qualified medical expenses not covered by insurance. HSAs were established in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA, PL 108-173, Title XII, 117 Stat. 2469 (pdf, 1MB, 416p., from GPO).

As explained in the CRS report, HSAs may be established with banks, insurance companies, or other entities approved by the Internal Revenue Service (IRS) to hold Individual Retirement Accounts (IRAs) or Medical Savings Accounts (MSAs). Insurance companies that offer high deductible health plans (HDHPs) may also establish HSAs for their policyholders. HSAs do not need state approval but individuals cannot have HSAs without an HDHP, and states may require all insurance to include benefits with no or low deductibles.

Health Savings Accounts: Overview of Rules for 2006, CRS report, RL33257
(pdf, 64KB, 14p., from Open CRS)

Minors and violent, sexual video games

The Congressional Research Service (CRS) issued a report on Jan. 18 on the constitutionality of limiting minors' access to video games rated M (Mature) or AO (Adults Only). These ratings, which have no legal effect, are given by the Entertainment Software Ratings Board (ESRB), a non-governmental entity established by the Interactive Digital Software Association (ISDA). ESRB's criteria for its M and AO ratings are found on its website:

Titles rated M (Mature) have content that may be suitable for persons ages 17 and older. Titles in this category may contain intense violence, blood and gore, sexual content, and/or strong language.

Titles rated AO (Adults Only) have content that should only be played by persons 18 years and older. Titles in this category may include prolonged scenes of intense violence and/or graphic sexual content and nudity.

The CRS report states that the primary constitutional issue is whether a statutory ban of these videos to minors would violate the First Amendment right of free speech. According to CRS, the U.S. Supreme Court has never ruled on the constitutionality of such a statute, but every lower federal court has found such statutes unconstitutional or issued a preliminary injunction on the likelihood that the statute in question would be found unconstitutional.

The report analyzes the application of First Amendment principles to violent and sexual material and discusses violent and sexually explicit video games decisions. It concludes that for an effective ban, the government would have to present empirical evidence that the games harm minors or cause them to become violent. Even so, because of the vagueness of the M and AO ratings, a law prohibiting video games with these ratings could be found "unconstitutional on its face."

Constitutionality of Proposals to Prohibit the Sale or Rental to Minors of Video Games with Violent or Sexual Content or "Strong Language", CRS report, RL33232
(pdf, 72KB, 15p., from Open CRS)

Medical marijuana

An AP story on Jan. 3 reported that Rhode Island became the 11th state to legalize medical marijuana and the first since the U.S. Supreme Court ruled in June that people who smoke medical marijuana can still be prosecuted under federal drug laws.

Earlier, on Dec. 29, the Congressional Research Service (CRS) published a review of federal and state policies on the subject as Congress debates whether to continue supporting the executive branch's pursuit, by the Drug Enforcement Administration (DEA), of medical marijuana patients and providers. There are currently two bills in Congress. The States' Rights to Medical Marijuana Act (HR 2087, pdf, 36KB, 4p., from GPO) would move marijuana from Schedule I to Schedule II of the Controlled Substances Act and allow its medical use in states that have such programs. The Steve McWilliams Truth in Trials Act (HR 4272, pdf, 36KB, 4p., from GPO) provides an affirmative defense that medical use of marijuana is legal under state law. (The CRS report lists 11 states that allow medical marijuana, and this was prior to Rhode Island's legalization, but notes that one of them, Arizona, has no active program because its law provides for marijuana prescriptions and federal law prohibits doctors from prescribing marijuana; other states' laws allow doctors to recommend marijuana.) In 2000 Hawaii became the first state to legalize (H.R.S. [§329_121-128]) medical marijuana by legislation (Act 228, SLH 2000) rather than by ballot initiative.

Medical Marijuana: Review and Analysis of Federal and State Policies, CRS report, RL33211
(pdf, 220KB, 44p. from Open CRS)

Electronic voting machines (DREs)

Also on Dec. 14, the Congressional Research Service (CRS) released a study on the direct recording electronic voting machine, or DRE. Most voting systems in the U.S. use computers in some way, CRS reports, and the most computerized is the DRE where votes are recorded directly onto computer memory devices. DREs have been used since the early 1990s but concerns about their security and reliability sharply increased from 2003 because of two factors: (1) DREs provide the only voting system that meets the requirements of the Help America Vote Act of 2002 (HAVA, PL 107-252, PDF, 212KB, 66p., from GPO) to permit the disabled to vote, and (2) potential security problems were publicized. CRS feels there has been confusion about what the problems of DREs are, and this confusion can lead to misperceptions of the issues and the options to resolve them. Closely linked with the use of DREs is the voter-verified paper audit trail (VVPAT), and this study addresses both.

For earlier FR posts on electronic voting, see here, here, and here.

The Direct Recording Electronic Voting Machine (DRE) Controversy: FAQs and Misperceptions, CRS report, RL 33190
(available in PDF, 96KB, 20p., from Open CRS)

Split the 9th Circuit?

The Congressional Research Service (CRS) issued a report Dec. 14 on current legislation in Congress to split the Ninth Circuit Court of Appeals. "The nation's largest in geography, population, and caseload, the Ninth Circuit on occasion has been noted for its controversial rulings," CRS observes in its opening summary.

On Nov. 18, the U.S. House of Representatives passed the Deficit Reduction Act of 2005 (HR 4241, PDF, 1.36MB, 830p., from GPO) which, among its many provisions, seeks to split the Ninth Circuit Court of Appeals into two circuits - a new Ninth and a Twelfth Circuit (HR 4241, Title V, Subtitle D, p. 519). The new 9th would include four of the current 11 jurisdictions: California, Guam, Hawaii, and the Northern Mariana Islands. The 12th would comprise the remaining seven: Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington. Seven bills have been introduced in the current Congress proposing to split the 9th Circuit, but with its passage on Nov. 18, HR 4241 has become the focal point regarding the split, notes CRS.

(An AP story on Dec. 9 reported that Hawaii's two senators oppose the court split.)

Proposals in the 109th Congress to Split the Ninth Circuit Court of Appeals, CRS report, RL33189
(available in PDF, 116KB, 29p., from Open CRS)