The of Library The 101 Independence Avenue, SE Avenue, Independence 101 , DC 20540-7000 DC Washington,

t Fiscal Year 2009 Year Fiscal t Repor Annual Service Research Congressional

Congressional Research Service Annual Report Fiscal Year 2009 2 Message from the Director

42 ServiceDirector’s to MessageCongress

74 ServiceLegislative to CongressSupport

336 ManagementLegislative SupportInitiatives

3928 TechnologyManagement & Information Initiatives Resources

4032 Appendixes

52 New CRS Products in FY2009

Modified Annual Report of the Congressional Research Service of the Library of Congress for Fiscal Year 2009 to the Joint Committee on the Library, Congress, pursuant to Section 321 Public Law 91-510 Congressional Research Service Annual Report Fiscal Year 2009 Fiscal year 2009 was an eventful one for the nation and Congress, and so it was for the Congressional Research Service. Director’s Message Director’s As Congress addressed major issues and issues such as the financing of current public users to more easily find products, services, enacted historic legislation, CRS was there programs, potential legislative alternatives, and and experts. CRS implemented its Authoring every step of the way, analyzing problems the role and effectiveness of prevention and and Publishing system, featuring a customized and assessing policy options in support of an wellness programs. Experts prepared analyses authoring tool and an improved process for informed national legislature. of five different versions of health care reform displaying PDF and HTML versions of products. The beginning of the fiscal year coincided considered by lawmakers. The Service also launched Mercury, a client with the peak of a financial crisis. The CRS assisted Congress on a long list of management system that supports research Service analyzed the effectiveness of methods other critical issues, including unemployment management and increases responsiveness to of economic stimulus and closely assisted compensation, employment and training, congressional needs. CRS began a data program Members and their staffs during the formula- H1N1 influenza pandemic, food safety, that expands the realm of quantitative analysis tion, deliberation, and implementation of the climate change, energy policy, the automobile across geospatial and graphical applications, American Recovery and Reinvestment Act of crisis, national security, missile defense, and delivering new tools in support of policy analy- 2009. As Congress debated measures to address terrorism. sis. Also of note, the Service and the Library the weaknesses of the financial system, CRS In addition to this legislative support, the jointly initiated a major, multi-year initiative to analyzed key elements of consumer finance and Service held programs and seminars for Mem- develop a strategic direction for the Legislative legal issues to support its reform efforts. bers and staff. A prominent and successful one Information System (LIS). Foreign affairs continued to be of consider- was Legislative Issues and Procedures: The CRS At CRS we consider it an honor and privilege able congressional interest as events unfolded Seminar for New Members, which the House to serve Congress throughout the legislative in Afghanistan and Iraq. Analysts examined and CRS cosponsored in January 2009. This process by providing comprehensive and reliable U.S. military operations in Afghanistan, includ- bipartisan policy seminar, held at the start of legislative research and analysis that are timely, ing formal oversight, funding, and troop levels. every new Congress under the auspices of the objective, authoritative, and confidential. This Experts on Iraq contributed during milestones Committee on House Administration, helped report highlights our accomplishments in sup- including the signing of the U.S.-Iraq Security 81 percent of newly elected Members of the port of that mission. Agreement, the withdrawal of U.S. forces from 111th Congress prepare for their new roles by major Iraqi cities, and the handover of major providing objective, nonpartisan analysis on security missions to Iraqi forces. Iran was critical policy issues and an overview of House also a focus of lawmakers’ concerns, and CRS procedures and rules and the federal budget informed debates on Iran’s electoral dynamics, process. Daniel P. Mulhollan nuclear ambitions, sanctions, and neighbor CRS undertook several significant manage- relations. ment initiatives to support its service to Health care reform was a major policy issue. Congress. CRS launched a redesigned site The Service assisted Congress from the begin- for Congress, with a new, updated look and ning of the health care debate, with a focus on improved navigation that enables congressional

3 Annual Report Fiscal Year 2009 The Congressional Research Service serves Congress by providing comprehensive and reliable legislative research and analysis

Service to Congress that are timely, objective, authoritative, and confidential and contribute to an informed national legislature. CRS experts meet congressional needs for analy- quences. CRS constantly adjusts its research and publications and by transmitting research sis of public policy issues in an interdisciplinary, agenda to align with changing congressional and analysis done largely by other government integrated manner, and through consultative needs. Members of Congress know they can rely agencies, private organizations, and individual relationships that ensure immediacy and on CRS specialists in the financial markets, just scholars. offer options for direct interaction as well as as they rely on the Service’s foreign relations In 1970 Congress enacted the Legislative formal written analyses. CRS support for the specialists with regional expertise to recognize Reorganization Act, which changed the name of 111th Congress in Fiscal Year 2009 took place the political and cultural forces at work in the the support unit from the Legislative Reference throughout all steps of the legislative process world today, and its health finance experts as Service to the Congressional Research Service. across the full range of active public policy areas. well as health care specialists to understand the The Act increased its resources and directed the CRS assisted in examining the nature and extent factors contributing to growing health care costs. Service to devote more of its efforts to research of problems facing the Congress, identified and Members rely on this CRS expertise, not only to and analysis that assisted Members of Congress assessed policy options, assisted with hearings on assess independently the outside expert opinions in direct support of the legislative process. With policy proposals and on implementation of exist- advocated before them, but also to complement this legislation, a new category of service was to ing policies, and supported congressional review their own experience and knowledge, and that be performed by CRS: assisting committees with of nominations and treaties. of their staff, to ensure that the judgments they the research and other assistance they need. CRS is structured to ensure that its work is make are as well informed as possible. Today CRS provides a full range of research and well focused, well designed, and well executed; information services to both Members and com- and that data are sound, that assumptions and The CRS Tradition mittees of Congress. qualifications have been clearly identified, and that findings inform the legislative issue at hand, The CRS tradition of providing assistance to Outline of this Report with implications and options set out systemati- Congress continued in FY2009, a reflection cally and lucidly. Throughout all its deliberations of the unique, supportive mission that has The following pages summarize the highlights of Congress has come to rely on CRS for this struc- remained unchanged since its inception nearly FY2009 to illustrate CRS contributions to meet- ture as well as the Service’s capacity to integrate a century ago. The supportive role began in ing congressional needs for legislative assistance the insights of various disciplines into a coherent 1914 when Senator Robert La Follette and as well as outline management initiatives to whole. Representative John M. Nelson, both of Wis- enhance the efficiency of the Service. Appended Whether it is determining the impact of consin, promoted the establishment of a special are budget components, descriptions of human changes in financial market regulations or reference unit in the Library of Congress devoted resources and staff development, summaries of examining a proposal to balance interests in solely to respond to congressional requests for types of support provided, and an overview of a contentious region of the world, Congress information. The creation of this unit was a the Service’s organizational structure. is challenged to address issues that are grow- product of progressive era ideas about the impor- ing more complex and technical and that are tance of acquiring knowledge for an informed increasingly interrelated. The Service must offer and independent legislature. The Legislative what its charter statute states, namely, to antici- Reorganization Act of 1946 gave the Legislative pate the consequences of alternative proposals Reference Service permanent authorization to and in doing so, foresee unintended conse- assist Congress primarily by providing facts

5 Annual Report Fiscal Year 2009 This summary of CRS highlights for FY2009 illustrates the breadth and depth of CRS services that meet ongoing congressional needs for legislative

Legislative Support Legislative assistance. Major Issues of the Year Reform of Financial Sector and analysis because of growing congressional As Congress deliberated on measures to address interest in the influence of Iran’s policies on the Economic Stimulus weaknesses of the financial system, CRS sup- security of the Middle East region. CRS experts In the fall of 2008, as the financial crisis peaked ported congressional efforts to reform key continued to inform congressional debates and the U.S. economy continued to stall, CRS elements of consumer finance, including credit with timely and authoritative responses to experts focused on options for economic stimu- card markets, mortgage finance, and predatory lawmakers’ concerns about electoral dynamics, lus under consideration by Congress; specifically, lending. Experts provided analyses and briefings including the dramatic crackdown following analysts and information professionals across on systemic risk, resolution of problems of the June 2009 elections, examinations of Iran’s the Service offered assistance in understanding banks deemed “too big to fail,” mark-to-market nuclear ambitions, analysis of U.S. policies and the effectiveness of federal spending increases, accounting, and credit rating agencies. In a options regarding sanctions, and assistance in income tax cuts, and monetary policy as alterna- series of seminars CRS experts explored the understanding motivations and policies of Iran’s tive methods of stimulating the economy. background and origin of the financial crisis; neighbors. During formulation, deliberation, and current market structures and regulatory regimes implementation phases of the stimulus bill, the of banking, insurance, and securities and deriva- Afghanistan Stabilization American Recovery and Reinvestment Act of tives; as well as the future disposition of Fannie In FY2009 the United States and NATO 2009 (ARRA; P.L. 111-5), CRS assisted Congress Mae and Freddie Mac. CRS experts also testified continued to pursue their overall strategy in by assessing how the provisions could provide at congressional hearings on insurance regula- Afghanistan of stabilizing and strengthening stimulus, in what ways they could be utilized, tory reform. its economic, social, political, and security and by whom. In other work related to the CRS attorneys analyzed various legal issues environment to blunt local support for extremist stimulus, analysts addressed debt and deficit regarding reform proposals, mortgages and forces. As part of this effort, Congress considered issues and measures of economic recovery. foreclosures, mortgage fraud and discrimination, increases in foreign assistance spending for CRS assisted with numerous congressional and protection of renters in foreclosures. As the Afghanistan to fund security sector assistance, requests pertaining to legislative provisions: Troubled Asset Relief Program funds became development and humanitarian-related increasing the federal share of Medicaid costs; available to various entities, Congress became activities, and counter-narcotics support. subsidizing health insurance through temporary interested in executive compensation. Other CRS examined U.S. policy and foreign aid to subsidies of the Consolidated Omnibus Budget attorneys briefed Members on ways that existing Afghanistan, the Department of Defense’s role Reconciliation Act premiums and expanded law limits executive compensation and analyzed in foreign assistance to Afghanistan, the United health coverage tax credits for unemployed work- the constitutionality of proposals to tax or limit Nations Assistance Mission in Afghanistan, and ers; funding education and training, including certain bonuses. They also addressed legal issues Afghan participation in international narcotics K-12 education reform and Workforce Invest- raised by revision of the first-time home buyer trade. CRS supported congressional examina- ment Act programs; increasing the Temporary tax credit, the “Buy American” requirements in tion of U.S. military operations in Afghanistan, Assistance for Needy Families block grant to spending provisions, and the constitutionality of including formal oversight, funding, and ques- help states finance costs of more caseloads and some grant conditions. tions related to troop levels. CRS also examined emergency aid; and preventing unauthorized resource and policy considerations of the immigrants from obtaining tax credits under Iran Administration’s strategic view. ARRA legislation. Iran was a prominent focus of CRS research

7 Annual Report Fiscal Year 2009 Iraq for example, implications for expanding Med- short-time compensation (work sharing) as a CRS continued to provide authoritative research icaid coverage, treatment of noncitizens and possible provision to alleviate unemployment, and analysis to Congress as the dynamic their eligibility for health reform credits, and the and state loan procedures. situation in Iraq further unfolded. Experts in current market structure of the health insurance the Service contributed during many of the industry. Experts prepared analyses of the five Employment and Training milestones of the year including the signing different versions of health care reform being With increasing concern over the severity of of the U.S.-Iraq Security Agreement (Status of considered by lawmakers. the recession, Congress sought information Forces Agreement, or SOFA), the withdrawal of CRS legal experts examined numerous on job creation and the relative depth of the U.S. forces from major Iraqi cities, the handover proposals such as those to establish incentives current recession compared to past recessions. of major security missions to Iraqi forces, and for “wellness” programs, health care fraud, In response, CRS analyzed employment trends the appointment of a new U.S. Ambassador to health information technology, medical records before and after the end of previous recessions, Iraq. CRS analysts, calling on a cross-section of privacy, antitrust considerations, medical mal- countercyclical job creation programs, employ- expertise and close attention to developments, practice, government funding of abortion, and ment effects of infrastructure spending, and both within Iraq and in the surrounding region, unauthorized alien eligibility. These attorneys programs available for unemployed workers. supported numerous , also analyzed the constitutionality of enacting Experts examined jobs in the renewable energy advisory, appropriations, and related legislative an individual health insurance purchase require- efficiency sectors of the economy (“green jobs”). activities. Support also included expert testimony ment, whether enforced by tax, spending, or As Congress considered reauthorizing the Work- on SOFA and briefings for congressional leader- powers, and reviewed consti- force Investment Act (WIA, P.L. 111-8), CRS ship delegations to Iraq. tutional issues related to religious exemptions to analysts examined issues such as performance health care coverage and treatment. accountability systems, performance outcomes, Health Care Reform benefits for dislocated workers, summer youth Health care reform has been a major policy issue Unemployment Compensation employment programs, the relationship between of the 111th Congress, driven by the number of As a bleak employment situation worsened, WIA youth programs and the secondary educa- Americans without health insurance coverage, Congress focused attention on providing a more tion system, and federal training programs for increases in health care costs, a potential short- generous and targeted extension of Emergency green jobs. age of providers, and concerns about quality of Unemployment Compensation benefits, as well care. Experts throughout CRS assisted Congress as relieving the financial distress experienced H1N1 Influenza Pandemic from the beginning of the health care debate, by state Unemployment Compensation (UC) When the World Health Organization declared with a focus on such issues as financing of cur- programs. CRS analysts considered how various the outbreak of a new strain of influenza, rent public programs ( and Medicaid) legislative proposals might alleviate the eco- “H1N1,” to be the first pandemic in forty years, and potential legislative alternatives, and the nomic slowdown, provided comparative analyses CRS quickly analyzed key policy aspects of the role and effectiveness of prevention and wellness of these proposals, and assisted in targeting new public health threat, including issues such programs for population subgroups such as the provisions to best meet the intent of Congress. as the scope of federal and state quarantine elderly. Hearings support included analyses of Experts also analyzed the financing structure authority and product liability associated with health care quality and long-term care. As legis- of the UC program, the status of the states’ UC the use of a vaccine to protect against the new lation moved forward, experts reviewed, accounts with the Unemployment Trust Fund, flu strain. CRS analysis showed that emergency

Congressional Research Service 8 response authorities did not provide a clear source of funding to support federal, state, and local pandemic response efforts. Within one week of the initial outbreak CRS attorneys responded with the first comprehensive examination of the legal questions posed by the pandemic. Analysts and information profession- “The various resources, als assisted Congress as it addressed concerns of constituents such as questions about the safety people, and skills and availability of the pandemic vaccine. They at CRS allow us to assisted as lawmakers set aside up to $7.7 billion in emergency funding for pandemic response in assemble a good team to the Supplemental Appropriations Act of 2009 anticipate and respond (P.L. 111-32). Other work focused on examining U.S. public health and emergency management R. Sam Garrett to the needs of Congress, laws to identify gaps exposed by the pandemic Analyst in American National Government that could hamper the nation’s response to whether policy, 4 years at CRS future infectious disease threats, including research, or legal bioterrorism. questions.” Food Safety Outbreaks of foodborne illness in FY2009 linked to a variety of domestic and imported foods fueled continuing interest in Congress regarding the adequacy of the federal food safety system. As the House considered a major food safety bill (H.R. 2749) focusing on programs administered by the U.S. Food and Drug Administration, CRS analysts provided support throughout all stages of consideration, from reviewing the basics of U.S. food safety programs to comparing and evaluating the potential impacts of various legis- lative proposals. CRS remained engaged as action shifted to Senate consideration of its bill (S. 510) at the end of the fiscal year. Climate Change Energy Policy Climate change, its impacts on natural Energy policy was a major concern for Congress resources, and strategies to mitigate those in FY2009, both in support of climate change impacts continued to be significant issues for legislation and to improve U.S. energy security Congress as it considered legislation to limit CRS analysts supported and independence and ensure that the nation carbon emissions and respond to climate change. Congress with briefings, maintains a sustainable energy supply for Throughout the year CRS analysts supported economic growth in the future. Among the ways Congress with briefings, close consultative work, close consultative work, CRS assisted Congress were evaluations of the and examination of climate change issues and costs and impacts of shifting the U.S. energy mix related U.S domestic and foreign policy. CRS and examination of climate toward low-carbon technologies, examination analyzed problems and opportunities as well change issues and related of the requirements for electricity generation as legal issues associated with carbon capture and transmission facilities, and review of the technology and examined how to consider U.S domestic and foreign economic impacts of the growth of green jobs these technologies within the larger regulatory in an emerging renewable energy sector. CRS and market frameworks. Legal experts reviewed policy. assisted in understanding implications and environmental aspects of interstate compacts unintended consequences of various energy and federal and state laws that authorize regula- development strategies and clarified opportuni- tion of Marcellus shale gas development. Among ties and liabilities of energy development such the issues CRS examined was the possibility that as biofuels, alternative fuel vehicles, energy effi- the Environmental Protection Agency could ciency, distributed energy technologies, nuclear determine under the Clean Air Act that green- energy, expanded exploration and production, house gas emissions from new motor vehicles and changing electricity markets. CRS supported contribute to air pollution that endangers public Congress as it addressed the interaction of global health and welfare. economics, international agreements on climate Other CRS experts helped identify and analyze change, and energy security. They contributed issues associated with international initiatives expertise as lawmakers sought to balance domes- on climate change, including analyses of the tic and international policies and at the same European Trading System, international energy time achieve multiple energy and trade goals. and climate change policy, and global financing mechanisms for adaptation of technology devel- Automobile Industry in Crisis opment. CRS also analyzed the use of a private The crisis in the automobile industry and right of action in trade agreements and kept subsequent bankruptcies of General Motors, Congress informed about World Trade Organiza- Chrysler, and numerous large auto suppliers tion disputes in which the United States was a confronted Congress for most of FY2009. As the defendant. crisis was exacerbated by the economic reces- sion and frozen credit markets, CRS analysts

Congressional Research Service and attorneys from across the Service provided executive bonuses. Other constitutional ques- analyses to Congress regarding loan programs tions arose from every major area of legislative to automakers to support the development of activity including health care reform, national new power technologies; the impact of credit security, measures to effect an economic problems on assemblers, suppliers, dealers, and stimulus in response to the financial crisis, and consumers; and the consequences of structural criminal law. CRS also updated the Constitution and cyclical declines in the market share of the of the United States: Analysis and Interpretation for “Detroit Three.” Other congressional concerns the 2008–2009 term and worked to improve its required analyses of employment changes in online accessibility and utility to Congress. the auto industry and the effects on states; the bankruptcy process and its effects on the sector National Security and Military Law as a whole, including workers, suppliers, and ter- Several CRS attorneys collaborated on a report minated auto dealers; and proposals to create a addressing the closure of the Guantanamo “cash for clunkers” program. Attorneys analyzed detention facility. The report was released a the constitutionality of several legislative propos- week before President Obama’s executive order als to “restore” dealership contracts and dealers’ requiring the closure. In addition to conducting rights under state franchise laws. briefings and reviewing legislative proposals regarding the issue, attorneys investigated the Federal Courts and the Judicial Branch rights of wartime detainees to judicial process During Senate consideration of the President’s and addressed standards of treatment for detain- nomination of Second Circuit Court of Appeals “We have a research ees as well as restrictions placed on interrogation Judge Sonia Sotomayor to a position on the and transfer standards by federal statute and U.S. Supreme Court, nineteen CRS attorneys service called the treaty requirements. They also proposed substan- collaborated by applying their individual areas of Congressional Research tive and procedural changes to rules for military expertise to analyze many of the court of appeals commissions. They analyzed the congressional decisions of Judge Sotomayor. The Service Service. It is a neutral, role in entering and implementing international presented a seminar on the Supreme Court security agreements with a focus on Iraq and nomination process and historical practice. respected adjunct to what Afghanistan. Other congressional concerns Attorneys and analysts also assisted Congress we do in the Senate and called for analyses of compensation cases involv- with impeachment procedures and precedents in ing foreign countries and wartime reparations, connection with possible impeachment action the House. It carries out lawsuits against terrorist states, personnel issues against two U.S. district court judges. related to military benefits for active duty and Analyses of constitutional issues throughout significant research.” veterans, and implementation of the Defense the year included imposing capital punishment Senator Dianne Feinstein Base Closure and Realignment Act (BRAC, P.L. for nonhomicide crimes or as a punishment for 100-526). juvenile offenders and retroactive taxation of

11 Annual Report Fiscal Year 2009 Missile Defense CRS continued to provide Congress with key insights into the policy underlying the U.S. “I ask myself multiple missile defense program and its technical capabilities, with a focus on the proposed questions when I am deployment of interceptors into Poland and the working on a CRS report: Czech Republic. In consultation with Members and committees, CRS highlighted the technical Which communities are limitations of the European ground-based system involved in the policy that the Obama Administration subsequently considered in restructuring the program from issue? What is the level of static, ground-based interceptors to a mobile, client expertise regarding ship-based capability. Kelsi Bracmort the issue? Which Analyst in Agricultural Rise of Mexican Violence Conservation and In late 2008 drug trafficking violence escalated groups may be Natural Resources Policy 1 year at CRS throughout Mexico and along the U.S.-Mexican leaning towards border. In response, Congress called on CRS to examine causes of the increasing violence; the or against, or role and character of Mexico’s drug cartels; the be indifferent flow of guns, drugs, and money; border violence; and possible spillover into the United States. CRS to, the policy experts analyzed these issues as well as the rising concern and crime and drug activity in Central America and the Merida Initiative. CRS assistance extended to why?” consultations during development of legislative initiatives to address the violence and improve border security. Experts assisted with more than a dozen hearings between March and May 2009, in addition to supporting several congressional delegations to Mexico. Foreign Relations, Defense, amended), and a lack of coordination among International Monetary Fund (IMF) and Trade the many U.S. departments (including Defense) Funding and Tariffs and agencies involved in implementing foreign As part of a multilateral response, the United Global Financial Crisis aid. CRS analysts informed the ongoing debate States and other G-20 member nations commit- When the effects of the financial downturn in Congress about reform proposals, foreign ted to increase available lending resources to the began to be felt in other parts of the world, assistance programs and accounts, the Foreign International Monetary Fund. The U.S. contribu- leaders of the United States and other major Assistance Act, foreign aid authorization versus tion required congressional approval and became economies launched a series of summits to coor- appropriations, the role of the Department of a contentious issue between Congress and the dinate responses, stabilize the world economy Defense, and issues of coordination among Administration, particularly the concern about in the short run, and protect against future foreign aid agencies. how U.S. IMF funding commitments should be crises through reform of international financial treated in appropriations legislation. CRS experts institutions and other means. CRS analyzed the Spring Supplemental Appropriations prepared detailed analyses of the Administra- impact of the crisis on the European Union, (Wartime Supplemental) tion’s proposal, reviewed previous congressional Switzerland, Canada, Latin America, and Russia. Between April and June 2009 the Obama treatment of U.S. funding to the IMF, and The Service briefed lawmakers and their staff on Administration submitted four requests for analyzed policy options to shape the legislation. the impact of the financial crisis and conducted FY2009 supplemental appropriations, primarily They participated in congressional strategy ses- a seminar on prevention of another global for defense and international affairs to support sions. Toward the end of the fiscal year Congress financial crisis. overseas contingency operations in Afghanistan called on the Service to examine a controversial When questions arose in Congress concerning and Iraq, Department of State operations, and proposal to provide preferential treatment international trade and the “Buy American” foreign assistance programs for Afghanistan, for certain goods produced in reconstruction provisions of ARRA legislation—whether these Iraq, and Pakistan. To support congressional opportunity zones in Afghanistan and Pakistan provisions require certain materials used in proj- consideration of these requests CRS experts and imported to the United States. ects funded by the legislation to be of U.S. origin coordinated new analyses of the initial spend- and whether the provisions would violate U.S. ing requests and corresponding policy issues. Military Procurement international trade agreement obligations—CRS They assessed major legislative activity as it As Congress debated the FY2010 Defense analysts studied possible implications of the pro- developed, reviewed key issues as they arose, Authorization and Defense Appropriation, visions for U.S. obligations in the World Trade and synthesized developments. CRS provided CRS provided expert analysis on the impact of Organization and under U.S. trade agreements. a comprehensive analysis of the origins and the new Administration’s changes on priorities issues surrounding the major funding bill that for defense acquisition. These experts examined Foreign Aid Reform eventually was enacted, the Supplemental effects of terminating the F-22 Raptor fighter Problems in foreign aid reform, according to a Appropriations Act, 2009 (P.L. 111-32), which aircraft program; cancelling the ground vehicle growing body of advocates, including Members included $105.9 billion in supplemental component of the Army’s Future Combat of Congress, are lack of a national foreign assis- appropriations. Systems, the VH-71 Presidential Helicopter, the tance strategy, failure to elevate funding aid to be Marine Corps Expeditionary Fighting Vehicle; on par with diplomacy and defense, the outdated and the perceived shortfall of Navy fighter Foreign Assistance Act of 1961 (P.L. 87-195, as aircraft. CRS specialists testified before

13 Annual Report Fiscal Year 2009 committee hearings, briefed Members and program and the creation of dual sources for Enhanced Partnership with Pakistan Act of staff on the budgetary and military impact of engines for the Joint Strike Fighter. 2009 (P.L. 111-73), which recast U.S. strategy individual programs, and consulted with senior by providing $7.5 billion in military and Department of Defense and Administration offi- Defense Contracting nonmilitary assistance to Pakistan between cials on the economic and military implications The Department of Defense (DOD), which FY2010 and FY2014. CRS supported Congress of budgetary decisions. In response to congres- typically receives more than half of the federal during deliberations by updating assessments of sional inquiries CRS also began a new series of government’s discretionary appropriations, has political and security implications of proposed analyses on the U.S. response to cyber threats, been a focus of attention for congressionally U.S. actions and by tracking funding sources and particularly threats toward military operations directed spending. CRS experts provided ways in which conditions could be used to guide and defense systems. consultation as Congress drafted legislation assistance in several versions of the legislation. requiring DOD to report on the processes Nuclear Arms Control and used to award contracts and to explain those North Korean Actions Nonproliferation that were awarded on some basis other than a Congress called on CRS when North Korea CRS assisted with a broad range of nuclear arms competitive or merit-based process. In addition conducted its second underground nuclear test, control and proliferation issues of concern to to examining DOD practices in outsourcing its launched numerous missiles into the Pacific Congress. Specialists briefed Members on the support functions and in contracting for private Ocean and the Sea of Japan, abandoned diplo- range of policy options for the United States security services, CRS presented a seminar on matic talks regarding its nuclear program, and regarding the renegotiation of the Strategic legislative approaches to address private security detained two American journalists. The Service Arms Limitation Treaty; reviewed legislation contractors. drew on its expertise on North Korea to examine concerning India and the United Arab Emirates, internal North Korean politics, implications of which were seeking civilian nuclear cooperation Horn of Africa North Korean actions for nuclear nonprolifera- (“123” agreements) with the United States; The growing tension and instability in the Horn tion initiatives, human rights conditions in that and provided in-depth analysis of the Obama of Africa is an area of sustained congressional nation, and strategies the United States and Administration’s plan to revive U.S. consider- interest, and Congress called on CRS to analyze other nations could use to pressure North Korea ation of the Comprehensive Nuclear Test Ban a number of cross-cutting issues including to rein in its nuclear program. Treaty. Congress also consulted with CRS on the internal politics and governance of countries status of Iran’s nuclear weapons program and its in this region, counter-terrorism and military Honduras implications internationally. policy, the role of neighboring countries, and The exile of President Manuel Zelaya by the U.S. policy trends. CRS experts examined the Honduran military following heightened Defense Acquisition Reform growing problem of piracy off the Horn of Africa polarization and confrontation between the CRS experts frequently advised Members and and accompanying regional, legal, and maritime executive branch and other Honduran govern- their staff on proposed measures for reforming security issues. ment institutions split Honduran society and the defense acquisition process. These experts was condemned by the United States and the addressed issues debated on the floors of both Aid to Pakistan international community. The outcome has chambers such as the protest and recompetition As debates ensued over U.S. strategy in Paki- been a protracted political crisis. Within days of the Air Force’s aerial tanker replacement stan and Afghanistan, Congress enacted the of the ouster CRS produced an assessment of

Congressional Research Service 14 U.S.-Honduran relations. Additional support included assistance with a hearing and with several congressional delegations to Honduras. In the months since Zelaya’s removal the “Being a reference assistant Service assisted as Congress drafted resolutions is a lot like being a research offering support to the Honduran people and encouraging a peaceful resolution of the crisis. detective. A CRS analyst CRS examined issues stemming from the crisis might need a copy of a such as potential effects the situation could have on U.S. businesses, policy tools for implementing particular study, but they sanctions, and implications for political stability only have a reference in in the broader region. an article, not the title Russia In the wake of heightened U.S.-Russia tensions or author. I search Rachel H. Young as a result of the 2008 Russia-Georgia conflict, Reference Assistant our electronic the incoming Obama Administration called 23 years at CRS for a new dialogue with Russia. Presidents databases, track and Dmitry Medvedev pledged down the cooperation and formed a U.S.-Russia Bilateral Presidential Commission to strengthen consulta- author, and tions and diplomacy. Throughout the year CRS negotiate to get experts provided consultation to Congress in support of five congressional hearings and the research for several congressional delegations. the analyst.” China, Japan, and Southeast Asia As the new Obama Administration outlined its diplomatic approaches to Asian nations, the focus was on broader engagement on several fronts. CRS analysts helped Congress assess the Administration’s approaches to growing Chinese influence, including the implications of China’s large holdings of U.S. debt and whether the Administration’s initiatives for China, such as climate change and green energy, would be productive. The Service helped develop a better Elementary and Secondary Education Act understanding of whether the long-standing (ESEA) U.S.-Japan alliance would be changed by the CRS worked closely As Congress considered legislation to amend historic August election that defeated the Liberal and extend the ESEA, CRS analysts briefed Democratic Party and brought a new govern- with Congress when Members and staff on issues ranging from test- ment. Congressional interest in Southeast Asia the Department of ing and accountability to teacher quality. The centered on Burma, and CRS assisted as lawmak- Service worked closely with Congress when the ers considered whether a change in the U.S. Education announced Department of Education announced proposed policy toward the Burmese regime might help priorities for competitive grant programs autho- the Burmese people and increase U.S. engage- proposed priorities rized by ARRA legislation. CRS experts examined ment in Southeast Asia. for competitive grant the priorities that introduce a substantial change in federal education policy. In response Domestic Social Policy programs authorized by to growing congressional interest in another matter, “disconnected youth”—loosely defined as Student Financial Aid ARRA legislation. young people ages 16–24 who are not working As Congress considered the Student Aid and or in school—CRS prepared an analysis of the Fiscal Responsibility Act of 2009 (H.R. 3221), characteristics of these youth and identified it turned to CRS for analytic assistance. This policy implications and options for addressing proposal would require all future student loans the disconnection. to be made directly by the government under an expanded William D. Ford Federal Direct Loan Reauthorization of the Children’s Health Program; provide mandatory funding to expand Insurance (CHIP) Program certain postsecondary education programs, such President Obama signed the Children’s Health as the Federal Pell Grant Program; and establish Insurance Program Reauthorization Act of 2009 and fund school facilities, early childhood (P.L. 111-3) in February 2009—one of the first education, and community college programs. As acts of the 111th Congress—to provide health legislation developed, CRS analysts prepared esti- care coverage to low-income, uninsured children mates of the distributional effects of proposed in families with incomes above applicable Med- mandatory increases in funding for Pell Grants, icaid income standards. Throughout the debate estimates of allocations to states of funding for leading to enactment of this legislation CRS school facilities aid, and estimates of allocations analysts examined policy issues pertaining to to higher education institutions of authority to the program’s federal financing, enrollment and make new Perkins loans. outreach strategies, states’ flexibility in program benefit design, and target populations, as well as alternative approaches for the program’s reauthorization. During debate on the legislation

Congressional Research Service the issue of whether to expand Medicaid and Agent Orange and benefits for retirees of the CHIP coverage to legal permanent residents dur- National Guard or Reserves known as “Gray ing the first five years after entry to the United Area Retirees.” CRS analyzed and delivered expert States became contentious, as did the issue of testimony on budget enforcement and imple- what types of documentary evidence would be mentation of the proposal to authorize advance required. In response to these congressional con- funding for some veterans’ health care accounts cerns, CRS experts analyzed noncitizen eligibility and provided expert testimony on amendments for both CHIP and other public benefits. to the Servicemembers Civil Relief Act (P.L. 108- 189). CRS experts accompanied bipartisan staff Border Security and Customs delegations as Congress considered legislation Congress was active throughout FY2009 in to merge two medical centers in the Chicago- oversight of border security, especially as the date Great Lakes area, traveled to a medical center for full implementation of the Western Hemi- in Germany to observe the transfer of medical sphere Travel Initiative (WHTI) approached. information, and reviewed operations and CRS experts analyzed the potential impact of the maintenance of six American Battle Monuments controversial WHTI requirement that residents Commission overseas cemeteries where U.S. war of a Western Hemisphere country (including dead are buried. U.S. citizens) seeking entry into the United States must possess a valid passport. These Medicare Part B and the Social Security experts also examined customs-related port COLA security issues to assist in the development of Inflation declined in 2009 after peaking in late a customs authorization bill introduced as the 2008. As a result both the Congressional Budget Customs Facilitation and Trade Enforcement Act Office and the Social Security Administration (S. 1631). “The nonpartisan estimate there will be no Social Security cost- Congressional Research of-living adjustment (COLA) in 2010 or 2011. Returning Servicemembers and Veterans Medicare Part B premiums, which are deducted With the continued American involvement in Service has written several from Social Security benefits, are expected to Iraq and Afghanistan, issues concerning return- rise during these same years. A “hold harmless” ing servicemembers and veterans remained high reports on....” clause in current law would protect about 75 priorities for Congress. CRS analysts, attorneys, Representative Gerald E. Connolly percent of beneficiaries from increases in the and information professionals conducted brief- Part B premium that would otherwise reduce ings and examined a variety of issues, such as their Social Security checks; however, the entire eligibility for veterans’ benefits as well as proce- beneficiary share of the increase in Part B costs dures for obtaining these benefits and appealing would be paid by the remaining 25 percent of adverse decisions of the Department of Veterans’ beneficiaries. This might include high-income Affairs. CRS also fielded questions on effects of beneficiaries, new enrollees, and certain

17 Annual Report Fiscal Year 2009 beneficiaries eligible for both Medicaid and Medicare. CRS identified this issue early on and worked with the Centers for Medicare and Med- icaid Services to provide information to Congress on the nature and implications of this unprec- “In order to understand edented problem. The Service provided Congress all aspects of an issue and with updated information on projected increases in the Medicare Part B premium, helped explain give objective counsel the calculation of the Social Security COLA and to Congress, I draw on Part B premium, and outlined the consequences of various proposed bills, including the Medicare the extensive physical Premium Fairness Act (H.R. 3631) approved by and electronic resources the House in September 2009. within CRS, as well Pensions and Retirement Income Security Vivian Chu The economic downturn and sharp stock market Legislative Attorney as the extensive declines in 2008 generated concern among 1 year at CRS brain trust of current and future retirees and sponsors of defined benefit pension plans. Participants in CRS experts, to defined contribution (DC) retirement plans and understand the Individual Retirement Accounts saw declines of up to 40 percent of account balances. CRS development experts provided consultation and analytical support on these retirement security issues by of the issue estimating, for example, the number of house- through time.” holds that might be affected by suspending the Required Minimum Distribution requirement. As Congress considered proposals to increase the number of workers covered by a retirement plan, CRS investigated issues surrounding DC plans. CRS prepared analyses of leakages (hard- ship withdrawals and loans) from DC plans when Congress considered providing relief to households affected by the economic downturn but who might have to pay a penalty for early withdrawals from their retirement plans. CRS attorneys briefed lawmakers on legal issues benefits to the population as a whole. In par- Government and the Economy surrounding the investment advice provisions of ticular, experts in the Service explored options the Employee Retirement Income Security Act of for the regulation of “modified risk products,” Congressional Administration 1974. which manufacturers claim reduce the risk of The sound administration and management of tobacco-related disease or reduce exposure to Member offices and other institutions within Housing Assistance for Individuals and potentially harmful substances. CRS attorneys the legislative branch are essential to Congress Families monitored tobacco litigation and analyzed legal as it carries out its legislative, oversight, and Congress enacted the Helping Families Save issues associated with the legislation. Chief representational responsibilities. Congress Their Homes Act (P.L. 111-22) to address two among these were potential First Amendment sought CRS assistance on a wide range of such distinct functions of housing assistance—pre- concerns with banning outdoor tobacco advertis- administrative matters during FY2009. Among venting mortgage foreclosures and assisting ing within 1,000 feet of a school or playground them were committee funding, lobby registration homeless individuals and families. The new and federal preemption of state tobacco labeling and disclosure, congressional ethics, the duties legislation prevented foreclosures through and advertising regulations. of chamber officers, the opening and closing establishment of a “safe harbor” for mortgage of Member offices, the creation and uses of servicers who make certain types of mortgage Health Information Technology congressional advisory commissions, congres- modifications, changed the Hope for Homeown- When Congress enacted the Health Information sional staff training, security, and ers program, and protected renters in foreclosed Technology for Economic and Clinical Health the administration of capitol greening programs. properties. CRS analysts addressed arguments for Act as part of ARRA legislation, CRS staff pro- During the year, CRS prepared studies and and against servicer safe harbors as well as the vided legislative support and policy analysis in conducted briefings in each of those areas. For original structure of the Hope for Homeowners several key areas. CRS researched federal Health example, CRS examined the history, authority, program and the perceived need for changes. The Information Technology (HIT) programs and and procedures of the Office of Congressional Service also helped develop an understanding of standard-setting activities before enactment of Ethics and analyzed administrative issues controversies regarding the definition of “home- the new law and examined the potential impact pertinent to the Green-the-Capitol program and less individual,” which was changed by the new of the legislation on those efforts. The Service operations of the . law, as well as how the complex distribution of reviewed barriers to HIT adoption, evaluated funds would differ. the potential distribution and impact of HIT Continuity of Congress incentives, and explored implications of differing Members of the 111th Congress expressed FDA Tobacco Regulation eligibility criteria for Medicare and Medicaid ongoing interest in addressing emergency The Family Smoking Prevention and Tobacco bonus payments to providers that use electronic preparedness in the legislative branch, par- Control Act (P.L. 111-31) gave the Food and health records technology. CRS analysts studied ticularly preparations to ensure the continuity Drug Administration new authority to regulate the policy and legal implications of strengthen- of congressional representation. CRS support the manufacture, distribution, advertising, sale, ing the federal health information privacy and included testimony on continuity proposals and use of cigarettes and smokeless tobacco security standards, including the interaction introduced since 2001, analysis of similarities products. CRS examined the challenges of regu- between federal and state privacy law. between measures introduced during the cold lating tobacco products under a public health war and post 9/11, and briefings on telework as standard that requires considering the risks and a component of emergency preparedness in the

19 Annual Report Fiscal Year 2009 event of an emergency such as a severe pandemic Congressional Inter-parliamentary Energy Incentives and Tax Provisions flu outbreak. Assistance Analysts fielded numerous congressional ques- The Service provided ongoing support to the tions regarding tax benefits for consumers of Judiciary House of Representatives Office of Inter- energy-efficient property, including appliances, CRS experts analyzed the roles of the President parliamentary Affairs, an organization within corporate incentives to generate renewable and the Senate during the Supreme Court nomi- the Speaker’s Office that offers assistance to energy sources, manufacturing deductions for nation process, including floor procedure, and members of parliaments in newly emerging renewable energy, and profits of oil and gas information professionals prepared background democratic nations. Activities included regular producers. information on Supreme Court Justices from briefings for visiting foreign lawmakers on 1789 to the present. Congressional inquiries such issues as options for internal governance, Election Reform regarding judicial powers called for consultations legislative procedures, information and analytic CRS provided support during committee hear- with CRS analysts on judicial administration, resources, and organizational structures for ings on various election reform proposals after the nomination and confirmation of lower court enhancing the development of these national the 2008 presidential election, particularly judges, appropriations needed by the federal legislatures. Pursuant to congressional requests, analyses of legislation and in-person briefings judiciary, pros and cons of televising federal CRS experts accompanied congressional delega- to discuss options. For a hearing and court proceedings, measures needed to ensure tions visiting foreign legislatures in emerging of military and overseas voting legislation, CRS the security of the courts, and workload require- democracies to share their expertise with coun- experts analyzed draft legislation and conducted ments of federal courts that might justify the terparts on such issues as the use of procedural a survey of military and overseas voting that creation of additional judgeships. methods to achieve legislative purposes and the took place in 2008. The Service assisted during development of research and information sup- consideration of several other election reform Congressional Appropriations Process port within legislatures. bills, such as the Absentee Ballot Track, Receive, As the 110th Congress ended, CRS budget and Confirm Act (H.R. 2510) and the Military process specialists assisted Congress during Debt and Deficit and Overseas Voter Empowerment Act (S. 1415). discussion of possible congressional action on Following enactment of economic stimulus appropriations acts in the absence of floor action legislation congressional attention included a Campaign Finance on regular appropriations bills for FY2009, focus on the budget process and concerns about CRS analysts and legislative attorneys supported including the duration and content of continu- the increase in spending and what the long-term Congress as it addressed tax-exempt organiza- ing resolutions in recent years, past practices effects would be. CRS finance analysts addressed tions and their associated political activities. in the use of omnibus appropriations measures the budget request from the Obama Administra- These experts provided analyses and briefings as and long-term continuing resolutions, and the tion and the budget resolution. These experts lawmakers addressed public financing legislation; impact of continuing resolutions on agencies. provided briefings and updates to inform the legislation that would affect campaign spending This work continued during consideration of congressional debate about the significance of following a candidate’s death; and issues related 2010 appropriations measures. the amount of spending and associated deficits to the organization, membership, and operations created by the stimulus and other financial of the Federal Election Commission. rescue legislation.

Congressional Research Service 20 Emergency Management and Homeland Security CRS analysts worked closely with Congress on national preparedness and disaster recovery and mitigation as well as first responder grant-in-aid funding and federal financial assistance after “The value-added of CRS catastrophic disasters. These experts consulted with Congress as it discussed protection of to Congress is that we federal buildings and personnel, federal coor- provide a balanced dination of disaster recovery, and timeliness of recovery efforts. CRS also provided analytic analysis of issues. In support during congressional reconsideration of order to ensure that my the role and mission of the Homeland Security Council, which was statutorily established by the work is balanced, I draw Homeland Security Act of 2002 (P.L. 107-296), Shayerah Ilias and its relationship with the National Security Analyst in International on multiple sources Trade and Finance Council under the new Obama Administration. 2 years at CRS offering various

Government Information Policy perspectives and Congress called on CRS experts regarding consult with a information access policies and practices of the federal government, including implementation, diverse range administration, and adequacy of the Freedom of public policy of Information Act (FOIA, P.L. 89-554, 80 Stat. 383, as amended); the applicability of the Fed- stakeholders.” eral Advisory Committee Act (FACA, P.L. 92-463, as amended) to various proposed or existing interagency and advisory panels; and the adequacy of existing policies and laws to preserve electronic records and communica- tions of the federal government. Analysts also examined funding for presidential libraries and reviewed statutory and policy changes to the Presidential Records Act (P.L. 95-591, as amended), which governs the preservation of and access to the records of former presidents. Federal Financial Management Federal Pay Congress sought analytic assistance as it In response to congressional inquiries on pat- addressed federal financial management issues, terns of federal pay, CRS analyzed changes in the particularly the prevention of waste, fraud, and federal workforce during the previous ten years abuse. This included improper payments, recov- CRS economists analyzed and presented data by agency, occupation, pay ery auditing, federal cash management practices the financial losses of the system, age, gender, minority composition, and and policies, and agency travel card programs. on average salaries by agency and pay system. CRS also analyzed past initiatives and future credit union system and Other inquiries led the Service to analyze data prospects for federal financial management on the highest paid federal employees (those reform. the potential impact of with basic pay of more than $180,000 in 2008), the losses on the financial arrayed by agency and occupation. A CRS Inspectors General (IGs) study of performance management and pay for CRS assisted lawmakers in their oversight of the stability of retail credit Transportation Security Administration screeners implementation of the Inspector General Reform contributed to the development of the proposed Act of 2008 (P.L. 110-409), the first major unions. Transportation Security Workforce Enhancement change in this authority in twenty years, and Act of 2009 (H.R. 1881), which was reported out analyzed proposed changes in the status of IGs of committee near the end of FY2009. in financial service agencies (H.R. 855, 111th Congress). CRS also supported Congress as it Corporate Credit Unions added an IG role in the intelligence community Losses from corporate credit unions’ holdings and considered removals of incumbent IGs in of mortgage-backed securities and other assets certain agencies as well as restrictions on their prompted Congress to address the government’s tenure. provision of financial assistance to the troubled corporate credit union system. CRS economists Federal Personnel analyzed the financial losses of the credit union Analysts prepared reports and briefed Members system and the potential impact of the losses on on federal personnel management issues, the financial stability of retail credit unions. ranging from changes in the number of human resource management staff in federal agencies Small Business Administration to possible changes in the statutory authority of CRS provided close consultative support as the Office of Personnel Management (OPM). committees prepared for hearings and markup Analytic studies addressed such matters as the on reauthorization of the Small Business Admin- delegation of personnel authorities from OPM istration’s many programs, including its 7(a) to individual federal agencies and the conversion Loan Guaranty Program and the 504 Certified of political, noncareer positions to career civil Development Company Loan Program. The Ser- service positions. vice’s experts analyzed the federal government’s

Congressional Research Service procurement preference and set-aside programs proposing a comprehensive approach to enhance for small businesses, the efficacy of federal tax global food security (H. 2817). policy in promoting small business growth, and the agency’s effectiveness in providing these Infrastructure and Energy businesses enhanced access to capital. Other Before the economic stimulus legislation (ARRA) issues of concern were implementation of the was enacted, CRS analysts anticipated the small business economic stimulus provisions amount of attention infrastructure development contained in the ARRA, and the potential impact would receive and contributed expertise in a of health care reform on small businesses. CRS wide range of infrastructure areas, including attorneys analyzed court decisions affecting fed- water and wastewater, transportation, schools eral contracting programs for these businesses. and public buildings, as well as the potential for job creation and overall benefit to the economic Tax Expenditure Compendium recovery. CRS also analyzed potential energy CRS analysts prepared the latest edition of programs and efforts in the energy funding pro- Tax Expenditures, a document of more than visions in ARRA, including energy efficiency and 900 pages that provides an authoritative renewable energy, electric transmission planning compendium of revenues forfeited by the federal and infrastructure, education and training in government resulting from policy-related tax energy technologies, and basic energy research. provisions. CRS also provided detailed analysis on a number of energy-related tax provisions. Resources, Industry, and the Environment “I want to share a few Geospatial and GIS Issues The federal government and policymakers Global Food Security examples of the true increasingly use geospatial information and The plight of more than 900 million people impact of continuing tools like Geographic Information Systems to in poor and developing countries who lack produce floodplain maps, conduct the census, sufficient food for an active and healthy life led resolutions, taken from and respond to natural disasters such as wildfires the 111th Congress to consider legislation that and hurricanes. During the 111th Congress would strengthen U.S. efforts to enhance global a memo prepared by the CRS analysts were asked to examine and analyze food security. CRS experts provided research and Congressional Research current issues and future challenges facing analysis as legislation to expand U.S. assistance the federal geospatial enterprise: coordination to agricultural development in poor countries Service....” between and among agencies, dissemination of (S. 384) was introduced. CRS provided addi- Senator George V. Voinovich information, cost, and sharing with local and tional support during consideration of related state institutions. The Service assisted lawmakers bills: one bill authorizing increased resources for develop a better understanding of the inherent agricultural development (S. 3077) and another complexities and helped them compare and

23 Annual Report Fiscal Year 2009 evaluate legislative options such as the Federal Land Asset Inventory Reform Act (H.R. 1520) and the AmericaView Geospatial Imagery Map- ping Program Act (H.R. 2489 and S. 1078). “An important way we CRS also provided geospatial analysis in several serve Congress is by instances such as developing an accurate representation of the federal lands in a portion preparing estimates of Nevada that was more accurate than what of how funds awarded was available from the federal land management agency. through formula grant programs are Water Policy Congress frequently must respond to a variety of allocated to natural hazards involving water resources on a Dave Smole regional or national scale. CRS analysts assisted states and Specialist in lawmakers working on diverse issues such as Education Policy the Florida Everglades, the Chesapeake Bay, the localities.” 8 years at CRS Great Lakes, Coastal Louisiana, and the Califor- nia Bay Delta to find similarities in the biological and institutional challenges facing these areas. The Service helped Members as they developed legislation to address water supply, water quality, and species decline issues surrounding declining ecosystems; for example, P.L. 11-111, the omni- bus public lands act that aims to restore the San Joaquin River and its historic salmon fishery. CRS experts also assisted legislators in developing and analyzing programs to address recurrent problems, including institutional issues such as the patchwork of laws, regula- tions, compacts, and executive orders affecting management of water resources. For example, concern about the availability and use of water to support people, the environment, and the economy has bolstered interest in establishing a national water commission. CRS analyzed the 1973 National Water Commission recom- technological innovation and intellectual prop- cal infrastructure conditions, highway safety, mendations and how the issues it identified have erty rights, and availability of lower-cost versions and transportation effects on the environment. evolved. The commission structure proposed in of biopharmaceuticals. recent legislation (e.g., H.R. 135) is similar to Law and Justice that of the earlier water commission. Aviation Policy Two Supreme Court decisions, in 2001 and CRS worked with Congress as it explored issues Immigration and Border Security 2006, are widely viewed as having narrowed the including inadequate financing mechanisms to CRS analyzed issues related to immigration ben- pre-2001 interpretation of the Clean Water Act’s support national airspace systems and infra- efits (e.g., visas and legal permanent residence reach (P.L. 92-500, as amended), prompting structure improvements, capacity constraints, status) such as proposed legislation concern- introduction of bills in each Congress since options for mitigating environmental impacts ing naturalization based on military service, 2001 to restore the pre-2001 interpretation. of aviation operations, and options to improve immigration benefits for relatives of military CRS attorneys assisted Congress as it considered safety and security. Authorization for Federal personnel, and issues not addressed by existing bills to define “waters of the United States”—the Aviation Administration functions, programs, statutes. Congress called on CRS attorneys to Clean Water Act phrase setting the geographic and funding mechanisms expired at the end of examine other issues such as clarification of reach of that statute. FY2007, but have continued through a series what administrative or legislative action may of temporary extensions to existing revenue be required to ensure relevant agencies have Science and Technology collection authority. P.L. 111-69 was enacted to authority to undertake enforcement regarding Science and technology—from research fund- authorize Aviation Trust Fund revenue collection nonimmigrant labor visas. Congress turned to ing through development to applications—has and aviation programs until the end of calendar CRS attorneys as it considered immigration legis- an impact on many issues of interest to year 2009. The Service provided analyses of lation on a range of additional issues: regulations congressional policymakers. CRS supported aviation financing mechanisms; deployment of for granting asylum, grounds for inadmissibility Congress throughout the year on a number NextGen air traffic modernization technologies; or deportation, and alien smuggling. of areas of concern. As Congress addressed and numerous safety, environmental, and airline CRS analyzed the scope of the Secretary of national security, the Service examined new industry issues. Homeland Security’s authority to waive any nuclear and radiation detection technologies, law impeding construction of the border fence analyzed existing and planned federal laboratory Surface Transportation Policy and the potential legal avenues for halting construction, and testified on the U.S. global The existing transit program authorization construction of the fence. Attorneys analyzed nuclear detection architecture. Experts provided expired on September 30, 2009, with the high- the Department of Homeland Security’s search assistance with hearings on the Department way account of the Highway Trust Fund facing policies, the required distance from the border of Homeland Security by preparing possible an ongoing financial shortfall that required that the Customs and Border Protection agency questions and lists of potential witnesses. CRS Congress to transfer Treasury General Funds of can maintain checkpoints and conduct border analysts also worked closely with Congress on $8 billion at the end of FY2008 and $7 billion searches, and the legality of searching the con- telecommunications and Internet policy, the at the end of FY2009 to keep the program going. tents of laptops at the border. transition to digital broadcasts, spectrum-related CRS analysts supported lawmakers on issues issues such as the creation of a national 911 ranging from finance for highways and transit, emergency response system, protection of new transportation demand and congestion, to physi-

25 Annual Report Fiscal Year 2009 Government Procurement Ethics Responding to congressional inquiries about CRS provided legal analysis and testified at a contractor misconduct and the alleged contract- hearing examining efforts to amend the Hatch ing out of inherently government functions, CRS CRS legislative attorneys Act (P.L. 76-252) as it applies to state and local attorneys and policy analysts were called upon government employees: specifically, lawmakers to address debarment and suspension of govern- assisted in interpreting questioned whether such employees whose work ment contractors, responsibility determinations, federal laws related is connected with a federally funded activity and the definition of inherently governmental should be allowed to run for public office in functions. Controversy over the award of to creating a wildlife small communities. Other ethical concerns arose the contract for the aerial refueling tanker concerning the authority of the Senate to seat, focused lawmakers’ attention on bid protests. refuge from donated or refuse to seat, a Member-elect or a Member- CRS responded by providing briefings on legal land, including deed designate (appointed by a Governor), and the ramifications and by analyzing the Government procedure and precedents for the Senate to Accountability Office’s expanded jurisdiction to restrictions, pollution examine the selection of someone to the Senate hear protests and other procurement issues. To laws, and refuge policies. before seating that person as a Senator. assist with committee hearings or investigations on possible contracting reforms the Service’s Natural Resources and Environment attorneys briefed Members and staff on key CRS attorneys assisted Congress in developing an issues in government contracting such as compe- improved understanding of how legislation could tition, contract types, service contracting, green be used to address rulemaking, notably regarding procurement, and interagency contracting. the Endangered Species Act (P.L. 93-205) regula- tions and special consideration for the polar Political Activities of Tax-Exempt bear. These attorneys kept Congress informed on Organizations court decisions affecting areas of congressional Following the 2008 general election Congress interest, such as gray wolf regulation, the impact focused on the role of tax-exempt organizations, of Navy sonar use on whales, roadless areas in particularly entities related to the Association of national forests, and handgun rules in national Community Organizations for Reform Now, in fed- parks. Legislative attorneys assisted in interpret- eral elections. CRS attorneys prepared legal analyses ing federal laws related to creating a wildlife of the complex intersection of federal campaign refuge from donated land, including deed restric- finance, congressional ethics, and tax law applicable tions, pollution laws, and refuge policies. The to such organizations and the constitutional impli- attorneys performed the role of a neutral party cations of regulation in this area. The attorneys also in the year-long negotiations that resulted in a examined the question of nonprofit organizations new wildlife refuge. that receive federal grant funds and their political activities, including voter registration activities.

Congressional Research Service Nuclear Waste The Nuclear Waste Policy Act (P.L. 97-425) required that the Department of Energy begin taking possession of nuclear waste from electric utilities for transport to a federal repository no later than 1998. Because this agency has not begun to do so, Congress called upon CRS leg- islative attorneys to analyze the federal liability resulting from the United States’ delay in taking charge of such waste.

Interstate Water Dispute The Service briefed Congress and provided analysis of legal issues related to the interstate water dispute arising in the Apalachicola- Chattahoochee-Flint River Basin. CRS examined a federal court decision that directed the Corps of Engineers to seek congressional authorization before continuing its current operation at Lake Lanier. CRS also analyzed the role that Congress might play in the resolution of the conflict in light of the court’s decision. “And it’s not just a theory California Drought that I have. It’s not just CRS analyzed legal issues related to the Califor- nia drought and ongoing concerns about water me personally. I mean, supply in the state. Attorneys offered legal and policy options for future actions to address water let’s listen to our own shortages as well as the impact of state water Congressional Research laws on federal involvement. Service. They said....” Representative Jeb Hensarling

27 Annual Report Fiscal Year 2009 CRS spearheaded a number of initiatives in FY2009 to improve operations and refine processes with the goal of better serving the congressional

Management Initiatives Management audience. Strategic Planning new features and functions to enhance the useful- ness of the site for congressional users. In FY2009 CRS continued implementing agency- The vision for the Web site is for it to be the wide strategies and targets for meeting the broad primary online resource that Congress relies on goals defined in the Library of Congress strategic for objective and authoritative expertise to inform plan for FY2008–FY2013. The performance its legislative work. The Service identified specific measures support both Library of Congress objectives of the redesign effort: enhance the orga- goals and the CRS mission, with a focus on the nization, integration, and perceived value of the relevance, quality, and accessibility of CRS work Web site; project the CRS reputation for objectivity and expertise, as well as management initiatives and professionalism commensurate with the CRS to ensure that CRS resources are used efficiently statutory charter; promote awareness and use of the and effectively. CRS performance as an agency is unique range of products and services CRS offers to also linked to the CRS budget and the individual the congressional community; and innovate with performance assessment system. new online capabilities that enhance the delivery of The Service maintains a strategic focus, for content to targeted congressional audiences. CRS is example, in ensuring that its research agenda committed to delivering to Congress a high-quality, addresses the policymaking needs of Congress, online experience that reinforces the CRS mission enhancing congressional access to CRS work of contributing to and supporting an informed and expertise, fostering collaboration among national legislature. researchers in different disciplines to ensure comprehensive coverage of policy issues, and Section Research Managers supporting staff professional growth. Section Research Managers (SRMs) participated in New Design for the CRS Web Site The Service maintains a developing the CRS research agenda for the 111th Congress. They worked with analysts in their sec- CRS launched a redesigned Web site in September strategic focus in ensuring tions and collaborated across sections and divisions 2009. The site has a new, updated look with that its research agenda to deliver to Congress an array of products aligned content arranged in a fashion that enables congres- around the key public policy issues deemed likely sional users to more easily navigate the site and find addresses the policymaking to be on the legislative agenda. In this first full year CRS products, services, and experts. The technology that SRMs worked together their collegiality and underlying the site will make it easier to add needs of Congress. cooperative spirit contributed to a more collabora- content and functionality and to integrate the CRS tive environment at CRS. portfolio of products and services. The CRS Web SRMs were also actively involved in a number redesign team sought user opinion throughout the of CRS work groups. They participated on a team redesign effort from both Congress and CRS, and developing a proposed telework program for the that feedback will be a prominent part of planning Service and a team prioritizing CRS spending and

29 Annual Report Fiscal Year 2009 budget choices in preparation for the FY2010 plan, architecture designs, and roadmaps; con- CRS operating plan. SRMs served on two teams firming, developing, and implementing LIS 2.0; with longer-term assignments: one reviewing providing operational support and enhancements CRS workforce composition to determine the to the current LIS system; and ensuring a reliable staffing capacities needed to fulfill the Service’s and secure LIS technical environment. The project mission, and another examining the policies, The Legislative Information will define a strategic position for the LIS program practices, and tools CRS has in place to maintain System provides Members that provides a sustainable advantage over compet- a flexible workplace. As part of the introduction ing legislative information. of the SRMs to CRS last year, several working of Congress and their staff groups of SRMs were formed and continue to Authoring and Publishing System review the CRS promotion and performance with access to authoritative, evaluation systems, orientation and mentoring timely, and extensive The Authoring and Publishing (A&P) system, of new staff, and professional development. launched in December 2008, features a custom- legislative information. ized authoring tool based on Microsoft Word Legislative Information System: and an improved process for displaying PDF Strategic Analysis and HTML versions of products. As part of the transition to the A&P system all of the CRS active CRS and the Library of Congress jointly initiated a reports and many of its archived products were major multi-year initiative to review the Legislative converted from a legacy platform based on Corel Information System (LIS) of the U.S. Congress. WordPerfect to the new Microsoft Word format. The goal is to develop a new strategic direction for The A&P system streamlines preparation, display, the LIS and identify enhancement opportunities. and maintenance of research products and makes The collaborative LIS Strategic Analysis Project will it easy for CRS authors to use figures and graphs, engage external partners such as the House Clerk’s hyperlink to reports and legislation, and create Office, the Secretary of the Senate, and stakehold- footnotes and cross-references. With this A&P ers within CRS and the Library. The LIS provides tool CRS has improved consistency within and Members of Congress and their staff with access among reports. CRS staff trained as A&P coaches to authoritative, timely, and extensive legislative assisted analysts in each division and helped ease information. Since its launch in 1997, work on the transition to the new system. An A&P upgrade the LIS has been a coordinated effort between CRS launched in June 2009 enhanced a number of and the Library. The collaboration has served as the internal capabilities to assist in preparing reports basis for maintaining the LIS program, and it will including an improved ability to create table notes serve as the framework for this project. and PDF files. The upgrade also supports the edit- The project consists of four key strategy areas: ing and publishing activities of the CRS Electronic analyzing opportunities and developing a strategic Research Product Office.

Congressional Research Service Mercury System Request and augmented by GIS include location maps and Research Management Tool state-wide counts of United States Postal Service post office facilities identified for optimization In July 2009 CRS successfully launched the Mer- or consolidation, locations determined to be in cury request and research management tool. Based nonattainment of air quality standards for fine on a customized off-the-shelf client relationship particulate matter, and Afghanistan and Pakistan management system, Mercury provides analysts, reconstruction opportunity zones. information specialists, and CRS management with a flexible, collaborative tool for supporting the Development of Information work of Congress. It provides for the intake, assign- Resources ment, and tracking of requests as well as facilitates collaborative workspaces enabling cross-divisional The Knowledge Services Group (KSG) of work. At the end of the fiscal year Mercury was in information professionals created resources full use throughout the Service. Mercury coaches throughout the fiscal year that enhanced CRS were available as training resources in each division responses to Congress. Among these contribu- following its launching. Staff from across the Ser- tions were a comparison of the composition vice assisted the project by identifying best practices and responsibilities of the various boards and and offering suggestions for system improvements. commissions called for under the Emergency Future enhancements to the system were in the Economic Stabilization Act (P.L. 110-343); a planning stages at the end of the year. product compiling authoritative Web pages on federal and state Web sites and nongovernmental Geographic Information Systems studies, reports, and databases regarding the (GIS) Capability American Recovery and Reinvestment Act of Mercury provides analysts, 2009 (ARRA, P.L. 111-5); and a Web-based The CRS Data Program is a Knowledge Services information specialists, and product providing biographical and background Group initiative that expands the realm of quan- information, including legal opinions, of then- titative analysis across geospatial and graphical CRS management with a Supreme Court nominee Sonia Sotomayor. KSG applications and thereby delivers new tools in flexible, collaborative tool also created internal research tools to assist CRS support of public policy issues for Congress. In staff with their research: a tracking system to FY2009 the Data Program hired a GIS analyst for supporting the work of record executive orders since the beginning of and began offering GIS analysis: data acquisition, the Obama Administration, a database tracking evaluation, management, and mining; systematic Congress. President Obama’s nominations, and a com- analysis for reports generated automatically; mittee assignment database beginning with the and liaison services for data and GIS projects 111th Congress. within the Library and in other branches of the federal government. Examples of CRS analysis

31 Annual Report Fiscal Year 2009 33 FY2009 Budget, Resources, and Other Funding

34 Human Resources and Staff Development

Appendixes 37 Types of CRS Support to Congress: Research Services and Products

41 CRS Organizational Structure FY2009 Budget, Resources, and Other Funding

In FY2009 CRS had an authorized staffing level of 675 full-time equivalents and an appropria- tion of $107,323,000 available for expenditure. Approximately 89 percent of the fiscal year’s expenditures supported staff salaries and benefits. CRS received the second payment of $60,000 on a $168,000 three-year grant from the John D. and Catherine T. MacArthur Foundation to enhance CRS’s analysis of patent and intellectual property policy issues. CRS also received $112,000 from The Pew Charitable Trusts in FY2009 in partial support of Legislative Issues and Procedures: The CRS Seminar for New Members, the official public policy orientation for newly elected House Members of the 111th Congress. Held in January 2009, the seminar provided an overview of the policy issues likely to be on the legislative agenda for the 111th Congress, as well as an introduction to legislative procedures. (This program was also supported by grants reported on in FY2008 from the Henry Luce Foundation and the Joyce Foundation.)

33 Annual Report Fiscal Year 2009 Information Systems analysis; communications, Human Resources and Staff Development writing, editing, and public affairs; and financial, administrative, and management specialties. During FY2009 CRS filled several key leadership Training sessions were held early in the fiscal A minority man was hired noncompetitively positions as well as a number of research and year with several refresher briefings offered for through the Library’s Work-Study Program, and infrastructure positions. CRS also continued all levels of staff during the last quarter of the a minority woman was selected under the CRS to expand its participation in various minor- fiscal year. Feedback received from managers and Career Opportunity Plan, a program designed to ity recruitment and hiring programs. In staff continued to be overwhelmingly positive. offer on-the-job training and upward mobility its continuing effort to roll out enhanced CRS efforts were begun both to achieve 100 per- opportunities for current staff. Of the perma- performance management tools to all staff, cent participation in the performance planning nent, indefinite hires, forty-five are women (65 a performance assessment system (PAS) was and IDP process and to measure the effectiveness percent) and twenty-two are minorities (32 completed for senior-level researchers, to be and impact of these initiatives on staff learning percent). The Service also hired twenty-nine rolled out in FY2010. CRS provided training and performance in FY2010, one year after full temporary staff. Of the temporary hires, sixteen on the performance management process to implementation. (55 percent) are women and eighteen (62 assist new managers, supervisors, and staff in CRS continued to move ahead with this initia- percent) are minorities. Throughout the year, the development of performance and individual tive to emphasize its commitment to the goals a total of thirty-five volunteer interns assisted development plans (IDPs) that are required of of maintaining a continuous learning culture in professional CRS staff by providing research and all staff. CRS also completed the implementation a high performing organization and to engage reference support in response to public policy- of a mentoring program that is now offered to current staff fully in their own professional related issues and questions. all new staff. development. At the same time, this effort is preparing the Service for the implementation of Indefinite hires included two women and Performance Management the Library’s automated performance manage- one man selected from the federal Presidential ment system, which is projected to be introduced Management Fellows (PMF) Program—one Fellow from the Class of 2008 and two Fellows CRS continued to introduce electronic tools and Library-wide in late FY2010. from the Class of 2009. The PMF Program is the other guidance to help staff better understand highly competitive program administered by the the performance management process. By the Recruitment and Selection U.S. Office of Personnel Management (OPM) end of the first quarter of the fiscal year PAS designed to attract the nation’s top graduate had been implemented for all research division CRS brought in sixty-nine staff to fill permanent students to careers in public service. Three analytical staff. This completed the rollout of and indefinite positions in the Service’s research other selections, including one woman and one performance standards for most CRS positions. divisions and offices, including three Assistant minority man, were made under the Service’s These performance standards provide staff Directors, a Chief Information Officer, an Law Recruit Program, a program designed to with examples of expected behaviors typical of acting Deputy Assistant Director, and three recruit third-year law students for entry-level various levels of job performance. The initiative Section Research Managers. The sixty-one legislative attorney positions. also included emphasis on the electronic tool to other professional and administrative hires be used to document and process performance represent a variety of analytical disciplines as CRS also hosted four PMF participants from plans and IDPs. well as information technology: Geographical other agencies to serve on rotations in the CRS

Congressional Research Service 34 research divisions. One Fellow joined CRS per- Staff Training and Professional manently through a re-appointment. CRS also Development brought in two detailees under the auspices of CRS continued to expand the U.S. Air Force Research Fellows Program. The CRS Office of Workforce Development the pool of minority offered a number of on-site professional devel- Diversity Efforts recruitment sources opment opportunities for staff. These included standard offerings on Communicating Effectively Through the partnership programs associated from which it draws, and with Congressional Clients; Appropriations and with its Student Diversity Internship Program, to develop strong ties the Budget Process; Professional Writing; Critical CRS hired sixteen undergraduate and graduate Thinking; and Reviewing Other People’s Writing. student interns (eight women and eight men) with various groups and CRS also offered staff the multi-course Legisla- during the summer of 2009. Five students tive Process Institute. These courses represent the were from Historically Black Colleges and organizations to promote core curriculum for staff hired into the analyst Universities (Morehouse College and Spelman CRS positions more career ladder positions. College), seven were affiliated with the Hispanic The Office of Workforce Development Association of Colleges and Universities National effectively. continued the lunchtime discussions program Internship Program, two with the United Negro that provides CRS staff with an opportunity to College Fund’s Institute for International Public form networks with colleagues and learn about Policy, one with the Congressional Black Caucus current-event topics. These often included the Foundation, and one with the same issues that are of interest to Congress. School of Law. Typically CRS expert policy analysts lead these CRS continued to expand the pool of minor- lunchtime discussions. FY2009 discussions ity recruitment sources from which it draws included The $9 Trillion Bailout; Preparing for a when advertising permanent professional and Congressional Briefing; and Graphics Services. administrative positions, and to develop strong ties with various groups and organizations to Staff Recognition promote CRS positions more effectively. New efforts during FY2009 included partnering with It is CRS policy to acknowledge the superior the American Society of Hispanic Economists performance of its employees. An effective and with the Congressional Hispanic Staff recognition program contributes to maximum Association. CRS also continued its participa- staff performance and to the achievement of the tion in recruitment and career-related events mission and goals of an organization. In keeping sponsored by minority organizations such as the with that policy, during FY2009 the CRS Staff Congressional Hispanic Caucus Institute and the Recognition Advisory Board continued its exami- Congressional Black Caucus Foundation. nation of the staff recognition programs and

Annual Report Fiscal Year 2009 made recommendations to enhance these pro- to the new communications system for CRS— grams to increase staff motivation and employee Project Mercury—and for being an outstanding engagement while ensuring consistency and mentor and example to those who have recently fairness across the Service. arrived to the Service. During the fiscal year 264 CRS staff members received 363 special achievement awards (some CRS Mentoring Program received more than one award), and twenty-one staff received on-the-spot awards in recognition CRS once again implemented the mentoring of their exceptional contributions. Such recogni- program for all new employees. Introduced in tion emphasized Service-wide collaboration on FY2007 as a pilot, this program is designed to issues of major congressional concern including give a new employee (mentee) an opportunity the economic and policy implications of the to learn about the organization from a colleague changing conditions in the financial sector, the (mentor) who has tenure at CRS. Mentoring is economic stimulus and recovery legislation, considered a “best practice” that tends to lead the Gaza crisis of 2009, reforming U.S. foreign to staff retention and job satisfaction. During assistance, and energy legislation. the course of FY2009 forty-one mentor-mentee The Service also recognized exemplary teams participated in the program. employee performance with three honorary awards, fifty-three outstanding evaluations, and thirty-seven quality step increases in pay for outstanding job performance. The annual CRS Awards Ceremony was held on June 10, 2009, and included a presentation of the fourth annual CRS continued to Director’s Award. This award is given each year introduce electronic in recognition of an individual or small group of individuals who have demonstrated excellence tools and other in service to Congress, directly or indirectly, in research, reference, analysis, and writing and in guidance to help staff operations, service, and support. Recipients of better understand this award are nominated by their colleagues. A panel reviewed the nominations and made rec- the performance ommendations to the CRS Director. The award for calendar year 2008 was presented by the management process. Director to a Congressional Relations Specialist. She received this honor for her contribution

Congressional Research Service 36 Appropriations Types of CRS Support to Congress: CRS experts working on appropriations contin- Research Services and Products ued to provide comprehensive legislative analysis and tracking for the twelve Senate and House Throughout FY2009 CRS provided the Congress Congressional Distribution Memoranda bills. In FY2008 they also assisted Congress with with analysis, research, and information to These memoranda are prepared when the inter- a , two supplementals, and support its policymaking needs, presented in the est of a relatively small number of congressional the budget resolution. The Service also provides formats described below. readers is anticipated or when the transiency of access to a CRS appropriations status table for the issue and the product makes its inclusion as tracking legislation, and a “CRS Appropriations Congressionally Distributed a listed CRS product inappropriate. Each bears Experts” list. Products Providing Research and a label distinguishing it from CRS confidential memoranda. If an issue becomes important to a Floor Agenda Analysis on Legislative Issues larger congressional audience, the product may The “Floor Agenda: CRS Products” page, a be recast as a CRS report. weekly compendium of CRS products relevant to Reports for Congress scheduled or expected floor action in the House Reports for Congress, analyses or studies on and Senate, is available on the CRS Web site and specific policy issues of congressional legislative Electronically Accessible Products and Services through email subscription to all Members, com- interest, are often prepared to address issues mittees, subcommittees, and . raised in numerous congressional inquiries. All CRS products listed on the Floor Agenda Reports clearly define issues in legislative con- CRS Web Site The CRS Web site provides 24-hour access to were linked for electronic access to subscriber texts. The basic requirements of these and other CRS products listed by current legislative issue desktops. CRS written products are relevance, accuracy, and accessible through online searching. The site objectivity, and nonpartisanship. Analysts define provides access to CRS reports, audio and video CRS Programs Electronic Mailing List and explain technical terms and concepts, recordings and DVDs of CRS programs, analyses Launched in FY2001, this email notification frame the issues in understandable and timely of annual appropriations legislation, a guide to system provides subscribers with descriptions contexts, and provide appropriate, accurate, and legislative procedures, online registration for CRS of upcoming CRS programs and links to online valid quantitative data. A summary appears on seminars, and information on other services. The registration forms. the first page of each report. CRS reports are Web site also offers links to constituent services- available online to the congressional community. related information as well as legislative, legal, Legislative Information System Reports are updated as events occur for issues and basic resources for work in congressional The Legislative Information System (LIS) was that are of ongoing interest to Congress and offices. In operation since the 104th Congress, available for the first time on Capnet at the archived when they no longer reflect the current the CRS Web site is accessible only to House beginning of the 105th Congress. The system legislative agenda. These archived products and Senate offices and other legislative branch provides Members of Congress and their staff remain available to Congress to provide back- agencies. with access to the most current and comprehen- ground and historical context. sive legislative information available. It can be

37 Annual Report Fiscal Year 2009 accessed only by the House and Senate and the topic. These memoranda are prepared for the use legislative support agencies. The LIS has been of the congressional requester, and CRS does not developed under the policy direction of the Sen- distribute them further unless the recipient gives ate Committee on Rules and Administration and permission. The memorandum format is often the House Committee on House Administration. used by CRS attorneys, for example, to respond It has been a collaborative project of the offices “Survey data from the to highly focused inquiries about the legal and agencies of the legislative branch, including implications of statutory provisions, proposed the Secretary of the Senate and the Clerk of the Congressional research legislation, or executive actions. House; the House Chief Administrative Officer and the Senate Sergeant at Arms; the Govern- Service suggests that....” Individual Staff Briefings ment Printing Office; the Congressional Budget Representative Zoe Lofgren Individual or group staff briefings constitute Office; the Congressional Research Service; and another form of tailored response to congres- the Library of Congress. CRS has responsibility sional inquiries. CRS staff provide in-person for the overall coordination of the retrieval briefings to Members and committees on specific system; the Library of Congress is responsible for policy issues. These briefings, for example, might its technical development and operation. focus on bills in formulation, foreign or domes- tic policy issues before Congress, the legislative Responses to Individual Members process, congressional operations, or general and Committees orientations to CRS services and products.

The Service also responds to requests for custom Telephone Responses services from Members and committees and Telephone responses to inquiries are a vital their staff. Frequently this is done by CRS ana- element in CRS interactions and consultations lysts in the form of confidential policy and legal with Congress. CRS experts are directly accessible analyses, usually in memorandum format; con- by phone; on a given day the Service responds to sultations in person or by phone; and briefings numerous calls and provides information that on virtually all legislative and policy issues, each may range from a statistic or a name to a short tailored to address specific questions directed briefing or an interactive discussion analyzing to CRS by a requesting Member, committee, or alternatives for response to an issue. CRS goals their staff. in these instances are to provide expertise, ease of access, and personalized immediate response. Confidential Memoranda Confidential memoranda are prepared to meet Briefing Books a specific congressional request and are often Briefing books may be prepared for use by designed to meet the needs of the congressional congressional delegations (CODELs) traveling reader with a high level of expertise in a given abroad and are collections of materials that

Congressional Research Service support specific purposes of a congressional trip. Process and Supreme Court Nominations; Unre- They may contain a variety of materials—maps, solved Issues in Wartime Detention: Guantanamo, selected products such as CRS reports, and Military Commissions, and Related Matters; The brief tailored written work, which can contain U.S. Postal Service: Financial and Operational background and current issues regarding U.S. Issues and Current Legislation; Withdrawing Funds relations with specific countries on the trip, from Retirement Accounts; and Basics of Financial as well as questions Members might ask when Intermediation and Markets. meeting with government and other officials. CRS offered a series of programs on financial reform. The series of eight seminars focused on Seminars, Institutes, the events leading up to, and subsequent to, one and Other Programs of the most tumultuous weeks in the financial sector since the Great Depression. Seminars CRS conducted seminars for Members, com- Legislative and Budget Process Institutes mittees, and their staff on a wide array of CRS continued to provide legislative and budget public policy issues. These seminars featured process institutes. Congressional staff refine a combination of CRS and outside experts to their knowledge of legislative procedure and explore various facets of public policy issues. the congressional budget process at a series Highlights of the year included the following of increasingly complex “institutes” held at public policy seminars: International Conserva- regular intervals during the course of the year. In tion and Enforcement Programs of the U.S. Fish FY2009 CRS staff teams conducted nine intro- and Wildlife Service; Congress and Foreign Aid ductory institutes on legislative procedure and Reform; Climate Change and Federal Land Manage- resources and two advanced legislative institutes ment: Two Case Studies; Global Financial Crisis: “Numerous briefings were for congressional staff. CRS staff conducted ten Current Role of the IMF and Options for Reform; held for staff with experts introductory programs in conjunction with the Reconsidering Federal Disaster Policies and Actions: House Learning Center, and three advanced Coordination Perspectives; Challenges Facing the from the Congressional legislative series for both the House and the National Flood Insurance Program: Policy Options Senate, the latter done in conjunction with the for Reform; EPA’s Greenhouse Gas Endangerment Research Service....” Senate Office of Education and Training. The Finding: What’s Next?; FY2010 Defense Budget: Senator Richard G. Lugar budget process institute program, offered in Issues for Congress; International Affairs Budget: eleven sessions, provided congressional staff Issues for Congress; The Future Role of the U.S. with an integrated overview of how federal Defense Acquisition Workforce: Perspectives from budgeting works, as well as a more advanced the Acquisition Community; Environmental look at separate aspects of the process. Experts Protection Agency: An Overview of the President’s prepared compilations of CRS budget reports FY2010 Budget Request; The Senate’s Confirmation for each CRS budget process program. State and

39 Annual Report Fiscal Year 2009 District institutes, offered four times during the the highly challenging and complex legislative prepared to implement a bill summary Extensible year, were specifically tailored to meet the needs environment of the 111th Congress. Markup Language (XML) authoring system that of staff working in Members’ home state offices. Other activities included distribution of the will facilitate improved Legislative Information CRS Training and Program for Congress brochure System (LIS) searching and expanded sharing of Foreign Parliaments to all congressional offices in January and June legislative information in a consistent way; and CRS assisted the House Democracy Partnership 2009. During the February House Services Fair moved closer to a modernization of its subject in the form of briefings during four programs CRS experts were on-site to discuss current classification procedures. for visiting parliamentarians from Georgia, legislative issues and provide tutorials of the CRS Lebanon, Mongolia, Kosovo, Peru, Macedonia, Web site. Hundreds of congressional staff visited Other Services Kenya, Liberia, and Timor-Leste. Activities the CRS exhibit. In addition, CRS collaborated included seminars for the visiting lawmakers with both the House Learning Center and Senate Multimedia Products and Services to provide information on options for internal Office of Education and Training in presenting CRS provided a variety of multimedia products governance, legislative and committee proce- CRS courses at these House and Senate locations. and technical assistance in support of its service dures, information resources, and organizational CRS experts visited more than sixty House and to Congress. These included producing video structures that could enhance the development Senate offices to brief them about CRS services. DVDs and audio CDs of CRS institutes and of these national legislatures. All congressional offices were contacted and seminars that congressional staff can request several ad hoc telephone briefings resulted. for viewing or watch at their desktops from the Outreach Web. The Web versions were broken out into Legislative Summaries, Digests, subtopics so that viewers can go directly to the In January 2009 the House of Representatives and Compilations portions that are of greatest interest to them. and CRS co-sponsored Legislative Issues and Thirteen video programs were produced during Procedures: The CRS Seminar for New Members. Since 1935 the Bill Digest Office of CRS has the year. In addition, CRS provided two hours The goal of this bipartisan policy seminar was to had statutory responsibility for preparation of of television programming each weekday for the help the new Members prepare for their legisla- authoritative, objective, nonpartisan summa- House and Senate closed-circuit systems. tive duties by providing them with objective, ries of introduced public bills and resolutions nonpartisan analysis on critical policy issues of and maintenance of historical legislative infor- immediate interest to Congress, as well as an mation. Detailed revised summaries are written overview of House procedures and rules and the to reflect changes made in the course of the federal budget process. The three-day seminar, legislative process. This CRS office also prepares which is part of the official House orientation titles, bill relationships, subject terms, and for newly elected House Members, brought forty- citations for debates, full six (81 percent) of the new Members together texts of measures, and Member introductory with nationally recognized CRS and outside remarks. experts. CRS worked closely with the House During the past year this office continued to encourage the widest possible participation to enhance its coordination of bill summary and to prepare a program that responded to preparation with the release of CRS products;

Congressional Research Service 40 pensation, military health, the defense budget, CRS Organizational Structure and U.S. military bases. Trade-related legislation, policies, programs, and U.S. trade performance CRS has adopted an interdisciplinary and inte- Domestic Social Policy Division and investment flows are covered, as are trade grative approach as it responds to requests from The Domestic Social Policy Division offers negotiations and agreements, export promotion, Congress. The Service seeks to define complex Congress research and analysis in the broad area import regulations, tariffs, and trade policy issues in clear and understandable ways, identify of domestic social policies and programs. Ana- functions. basic causes of the problems under consider- lysts use multiple disciplines in their research, ation, and highlight available policy choices and including program and legislative expertise, Government and Finance Division potential effects of action. CRS is organized into quantitative methodologies, and economic The Government and Finance Division responds the following divisions and offices to support analysis. Issue and legislative areas include edu- to congressional requests for assistance on all the analysis, research, and information needs of cation and training, health care and medicine, aspects of Congress. These include the congres- Congress. social security, public and private pensions, sional budget and appropriations process, the welfare, nutrition, housing, immigration, civil legislative process, congressional history, and Divisions rights, drug control, crime and criminal justice, the organization and operations of Congress labor and occupational safety, unemployment and legislative branch agencies. Among the American Law Division and workers’ compensation, and other issues financial issues covered by the division are The American Law Division provides Congress related to children, persons with disabilities, the banking, financial institutions, insurance, with legal analysis and information on the range aged, the poor, veterans, and minorities. and securities; taxation, public finance, fiscal of legal questions that emerge from the congres- and monetary policy, and the public debt; the sional agenda. Division lawyers and paralegals Foreign Affairs, Defense, and Trade interaction between taxes and interest rates; work with federal, state, and international legal The Foreign Affairs, Defense, and Trade Division and such economic indicators as gross domestic resources in support of the legislative, oversight, is organized into seven regional and functional product, inflation, and savings. In addition, the and representational needs of Members and sections. Analysts follow world-wide political division responds to requests on the organiza- committees of Congress. The division’s work and economic developments for Congress, tion and management of the federal executive involves the constitutional framework of separa- including U.S. relations with individual and judicial branches; government personnel tion of powers, congressional-executive relations countries and transnational issues such as and the civil service; the presidency and vice and federalism; the legal aspects of congressional terrorism, refugees, global economic problems, presidency; government information policy and practices and procedures; and the myriad ques- and global institutions such as the International privacy issues; intergovernmental relations and tions of administrative law, constitutional law, Monetary Fund and the United Nations. They forms of federal aid; state and local government; criminal law, civil rights, environmental law, also address U.S. foreign aid programs, strategies, statehood and U.S. territories; the District of business and tax law, and international law and resource allocations; State Department Columbia; economic developments; federal plan- that are implicated by the legislative process. In budget and functions; international debt; public ning for and response to emergencies, disasters, addition, the division prepares The Constitution diplomacy; and legislation on foreign relations. and acts of terrorism in the United States; survey of the United States of America: Analysis and Inter- Other work includes national security policy, research and public opinion polls; the census; pretation (popularly known as the Constitution military strategy, weapons systems, military reapportionment and redistricting; elections, Annotated). operations, defense acquisition, military com-

41 Annual Report Fiscal Year 2009 campaign finance, lobbying, and political parties; analysts and Congress in finding solutions for U.S. history; constitutional amendments; and their information needs, make recommendations constitutional theory and history. for incorporating new research strategies into their work, and create customized Web pages. Resources, Science, and Industry Division Staff evaluate, acquire, and maintain state-of- The Resources, Science, and Industry Division the-art resource materials and collections for covers an array of legislative issues for Congress CRS staff; work with the analytical divisions in involving natural resources and environmental ensuring the currentness and accuracy of the management, science and technology, and Services’ products, databases, and spreadsheets; industry and infrastructure. Resources work and maintain the currentness, comprehensive- includes policy analysis on public lands and ness, and integrity of CRS information resources other natural resources issues; environment; by identifying, assessing, acquiring, organizing, agriculture, food, and fisheries; and energy preserving, and tracking materials. They also and minerals. Science coverage includes policy provide authoritative information on specific analysis on civilian and military research and policy research areas through discussions or pre- development issues, information and telecom- sentations and provide or coordinate customized munications, space, earth sciences, and general training on information resources. science and technology. Support on industry issues includes policy analysis on transporta- Offices tion and transportation infrastructure issues, industrial market structure and regulation, and Office of Communications sector-specific industry analysis. The Office of Communications is responsible for coordinating and overseeing CRS communica- Research Support CRS has adopted an tions with internal and external audiences. The office assists CRS staff in understanding Knowledge Services Group interdisciplinary and how Service policies, procedures, decisions, and The Knowledge Services Group is comprised of activities relate to the CRS mission of serving information research professionals who partner integrative approach as it the Congress and how staff efforts fulfill that with CRS analysts and attorneys in providing responds to requests from mission. To achieve that goal, the office advises authoritative and reliable information research on communications-related aspects of CRS and policy analysis to Congress. Information Congress. initiatives; ensures that internal and external professionals are clustered together by policy communications are clear, consistent, and research area and align their work directly to the aligned with the CRS mission; coordinates efforts CRS analytical divisions. They write descriptive to improve the use of existing communications products and contribute descriptive input to ana- channels; and plans, develops, and implements lytical products in policy research areas, advise new uses of communications channels.

Congressional Research Service 42 Office of Congressional Affairs and and interaction with the Library in performing the Service offers Congress and in accounting to Counselor to the Director these functions. Congress for the nature and extent of research The Office of Congressional Affairs and support provided. Counselor to the Director plans, develops, and Office of Legislative Information coordinates matters relating to internal CRS The Office of Legislative Information develops Office of Technology policies, particularly as they affect the Service’s and maintains the congressional Legislative The Office of Technology provides the informa- relationships with congressional clients and Information System (LIS) that supports both tion management capabilities and support other legislative support agencies; provides final the Congress and CRS staff, and manages the required for CRS legislation-related activities, CRS review and clearance of all CRS products; electronic research product system including communications, and service to Congress. This and ensures that the Service complies with the editing, processing, and production of CRS includes planning, procurement, development, applicable guidelines and directives contained reports. The office provides summaries and operations, and maintenance of the information in the Reorganization Act, in statements by status information for all bills introduced each technology infrastructure and systems required appropriations and oversight committees, and in Congress, coordinates access to the LIS, provides to support the CRS mission. Library regulations and CRS policy statements. quality assurance for CRS reports and for the This office receives, assigns to the research Service’s input to the LIS, offers graphic support Office of Workforce Management and divisions, and tracks congressional inquiries; on CRS products, and represents the Director Development works with the divisions to plan and carry out in dealing with other organizations and agen- The Office of Workforce Development admin- institutes, seminars, and briefings for Members, cies on issues regarding legislative information isters the Service’s recruitment, staffing, and committees, and their staffs; takes the lead in technology. workforce development programs, including developing, strengthening, and implementing succession planning, merit selection, and outreach to congressional offices; and provides Office of Research other employment programs, special recruit- managers with statistical information needed to The Office of Research coordinates and main- ment programs, upward mobility programs, analyze subject coverage, client service, and the tains oversight of the research function of the diversity efforts, mentoring, special recognition use of resources. The office also provides counsel Service. It develops and implements strategic programs, training, position classification, and to the Director and the Deputy Director on mat- and operational frameworks for the CRS mis- performance management programs and activi- ters of law and policy. sion, promotes use of collaborative research ties. This office represents the Director in issues approaches across disciplines and divisions, involving the Service’s status, role, activities, and Office of Finance and Administration develops and implements Service-wide standards interaction with other Library entities in relevant The Office of Finance and Administration for the research quality that underpin authori- areas of human resources administration, oversees the financial, procurement, and tativeness, and oversees research management management, and development. Overall the goal administrative programs of the Service. This systems that both focus research on active policy of the office is to enhance the Service’s ability includes coordinating the strategic planning; concerns of the Congress and highlight resulting to attract and retain the human resources talent preparing the budget request; formulating and research products and underlying expertise for it needs to respond to the dynamic research, executing the financial operating plan; perform- Congress. The office also supports the Director analysis, and information needs of Congress. ing contracting and procurement actions; and Deputy Director in representing to Congress supervising the Service’s status, role, activities, the nature and extent of the research capacity

43 Annual Report Fiscal Year 2009

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Congressional Research Service Annual Report Fiscal Year 2009