Tuesday, February 9, 2021

Federal Statutes Protecting Domesticated and Captive Animals

"A number of federal laws aim to protect the health, safety, and well-being of animals under human control. These laws extend to pets, domesticated livestock, service animals, test subjects, and wild animals kept for exhibition, scientific, or educational purposes, among others. Some of them prohibit specific harmful acts, others prescribe standards for certain types of activities, and others require owners to have permits and meet certain criteria to possess various types of animals. This report provides brief summaries of federal laws that aim to protect domesticated and captive animals. The laws, or components thereof, that address animals owned by humans represent a subset of the federal laws that aim to protect and conserve animals.

A principal statute governing the humane treatment of animals is the Animal Welfare Act (AWA). Enacted in 1966, the AWA “is the only Federal law in the United States that regulates the treatment of animals in research, exhibition, transport, and dealers,” according to the Department of Agriculture. The AWA prescribes the minimum standards of care for certain animals that are used for research, sold or transported commercially, or exhibited to the public. Other statutes and policies refer to the AWA as the “minimum acceptable standard” for animal care and use..."
Federal law and animals 

Unrest at the Capitol: Potential Violations of the Uniform Code of Military Justice

"After the unrest at the U.S. Capitol on January 6, 2021, sources reported that current and former military service members were among the participants in the unrest. These reports prompted several Members of Congress to ask the Department of Defense to investigate service members’ participation and take disciplinary action. The military is investigating whether any active-duty service members participated in the unrest, and the Joint Chiefs of Staff issued a memorandum condemning the “violent riot” and actions “that were inconsistent with the rule of law.”

This Legal Sidebar examines potential violations of the Uniform Code of Military Justice (UCMJ), codified in Title 10 of the U.S. Code, those service members may have committed. The Sidebar begins by discussing which current and former service members are subject to the UCMJ. It then examines offenses under the UCMJ that current or former service members may have committed on January 6, 2021, including potential sentences for each offense. It concludes with several considerations for Congress.

For information on federal criminal laws that may be relevant to the unrest at the Capitol, see CRS Legal Sidebar LSB10564, Federal Criminal Law: January 6, 2021, Unrest at the Capitol, by Michael A. Foster and Peter G. Berris. For general information on the military justice system and courts-martial, see CRS Report R46503, Military Courts-Martial Under the Military Justice Act of 2016, by Jennifer K. Elsea and Jonathan M. Gaffney..."
Capitol unrest 

Lower Your Risk for the Number 1 Killer of Women

"Learn about heart disease and women and what you can do to keep a healthy heart.

The term heart disease refers to several types of heart conditions, including coronary artery disease and heart attack.

Get Informed: Facts on Women and Heart Disease

Despite an increase in awareness over the past decades, only about half (56%) of women recognize that heart disease is their number 1 killer.1

Heart disease is the leading cause of death for women in the United States, killing 301,280 women in 2019—or about 1 in every 5 female deaths.2 Among American Indian and Alaska Native women, heart disease and cancer cause roughly the same number of deaths each year. For Hispanic or Latina and Asian or Pacific Islander women, heart disease is second only to cancer as a cause of death.3

  • About 1 in 16 women age 20 and older (6.2%) have coronary artery disease, the most common type of heart disease.4
hand holding a heart shaped image

Heart disease is the leading cause of death for women in the United States.

Although heart disease is sometimes thought of as a man’s disease, almost as many women as men die each year of heart disease in the United States.

Symptoms

Sometimes heart disease may be “silent” and not diagnosed until you have symptoms or emergencies, including5

  • Heart attack: Chest pain or discomfort, upper back or neck pain, indigestion, heartburn, nausea or vomiting, extreme fatigue, upper body discomfort, dizziness, and shortness of breath
  • Arrhythmiaexternal icon external icon: Fluttering feelings in the chest (palpitations)
  • Heart failure: Shortness of breath, fatigue, or swelling of the feet, ankles, legs, abdomen, or neck veins
What You Can Do for Heart Health

To lower your chances of getting heart disease, it’s important to do the following:6

  • Manage stress levels by finding healthy ways to cope with stress. Learn more about coping with stress.
  • Know your blood pressure. Having uncontrolled blood pressure can lead to heart disease. High blood pressure has no symptoms, so it’s important to have your blood pressure checked regularly. Learn more about high blood pressure. Additionally, high blood pressure may increase the risk of problems during pregnancy.
  • Talk to your doctor or health care team about whether you should be tested for diabetes. Having uncontrolled diabetes raises your risk of heart disease.7 Learn more about diabetes, including gestational diabetes.
  • Quit smoking. If you don’t smoke, don’t start. If you do smoke, learn ways to quit.
  • Be physically active.  Adults should strive for at least 2 hours and 30 minutes (or 150 minutes total) of physical activity each week. Not getting enough physical activity can lead to heart disease and other heart disease risk factors, including obesity, high blood pressure, high blood cholesterol, and type 2 diabetes.
  • Choose healthy foodsexternal icon and drinks to help prevent heart disease and its complications. Be sure to eat plenty of fresh fruits and vegetables and eat fewer processed foods Learn more about overweight and obesity. Learn more about overweight and obesity.
  • Limit how much alcohol you drink to one drink a day. Learn more about alcohol..."
    Heart disease and women
     

The Federal Reserve’s Response to COVID-19: Policy Issues

"The Coronavirus Disease 2019 (COVID-19) pandemic has caused widespread disruptions to the economy. The Federal Reserve (Fed)took multiple policy actions in response to the crisis, and Congress tookthe unprecedented step of providing up to $500 billion to the Treasury to support Fed programs through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136). The Fed acted to promote economic and financial stability in both its monetary policy and its lender of last resort roles. Some of these actions were intended to stimulate economic activity by reducing interest rates, and others were intended to provide liquidity so firms have access to needed funding.

The Fed acted as a lender of last resort for banks by making short-term loans through the discount window, which it encouraged banks to access and made the borrowing terms more attractive when the pandemic began. Because foreign banks are reliant on U.S. dollar funding but cannot borrow from the discount window, the Fed has also allowed foreign central banks to swap their currencies for U.S. dollars so that the central banks can lend those dollars to banks in their jurisdictions.Swaps outstanding peaked at nearly $450 billion in May 2020 but have been below $100 billion since August 2020.

The Fed set up a series of emergency facilities in response to COVID-19 to expand its lender of last resort role to other sectors of the economy. The Fed createdfacilities to assist commercial paper markets, corporate bond markets, money market mutualfunds, primary dealers, asset-backed securities, states and municipalities, and a Main Street Lending Program for midsize businesses and nonprofits. It also created a facility to make funds available for lenders to make loans to small businesses through the PaycheckProtection Program (another CARES Act program). The Fed chargedinterest and fees to use these facilities that may increase its net income, but the facilities expose taxpayers to the risk of losses if borrowers default or securities fall in value. Assistance outstanding under these facilities peaked at nearly $200 billion in April 2020 but hovered around $100 billion for the rest of the year.Treasury pledged $215 billion to backstop potential losses on these facilities..."
Federal Reserve and COVID-19 

COVID-19 Vaccine Doses: Selected Data Sources on Allocation, Distribution, and Administration

"The selected sources below can help congressional staff track the progress of the U.S. COVID-19 vaccination campaign at the national, state, and local levels.

Sources were selected for having commonly cited and frequently requested data. This is not intended to be a comprehensive source list. Additional sources may be added in future updates. Because different resources use different methodologies, readers should check websites’ notes, definitions, and caveats. Readers should also use caution when comparing data across sources or geographies. For assistance in interpreting or analyzing these data, congressional staff should contact CRS (202-707-5700, or place a request at the CRS website). The Centers for Disease Control and Prevention’s (CDC’s) COVID-19Vaccine website can assist constituents with vaccine questions, including “How Do I Get a Vaccine?”

For an overview of vaccine data systems and considerations for Congress, see CRS Insight IN11584, Tracking COVID-19 Vaccines: U.S. Data Systems and Related Issues.

About Vaccine Data

In the COVID-19 vaccine program, doses are first allocated and made available to states and other jurisdictions for ordering. Once ordered, vaccines are distributed to the appropriate state and other jurisdiction sites. Doses are then administered to patients by providers that also report administration data to jurisdictions and CDC. The vaccines currently approved (Pfizer-BioNTech and Moderna) require two doses for full effectiveness. Federal health care programs (e.g., Indian Health Service) manage and report vaccine data through a similar process..."
Vaccine doses 

Mask Mandate: Does the Federal Aviation Administration Have Authority to Require Masks on Flights?

"The Centers for Disease Control and Prevention (CDC) cautions that although air circulation and filtration systems in passenger aircraft help reduce the spread of most viruses, sitting within six feet of others on flights may still increase the risk of contracting Coronavirus Disease 2019 (COVID-19). Thus, in response to the COVID-19 pandemic, all major U.S. airlines voluntarily implemented policies requiring passengers and crew to wear face masks during flights. However, some commentators raised concerns that the lack of a federal mask mandate has hindered the airline industry’s voluntary enforcement of these requirements.

On January 21, 2021, President Biden issued an executive order titled Promoting COVID-19 Safety in Domestic and International Travel. Among other things, the order instructs several federal agencies, including the Federal Aviation Administration (FAA), and “the heads of any other executive departments and agencies . . . that have relevant regulatory authority” to “immediately take action, to the extent appropriate and consistent with applicable law, to require masks to be worn in compliance with CDC guidelines” on certain modes of transportation. The CDC has, in turn, issued an order imposing mask requirements in a broad range of transportation contexts, including on commercial aircraft. The CDC says that it has authority to enforce its order through criminal penalties, and that the order “shall be enforced by the Transportation Security Administration under appropriate statutory and regulatory authorities.” But the CDC also stated that it expects other federal agencies will implement “additional civil measures” enforcing the mask requirements, consistent with President Biden’s executive order. While the executive order requires federal agencies with “relevant regulatory authority” to take action to require masks, it does not specify which agencies ultimately will issue mask requirements. It also does not identify the statutory authorities that will form the basis for agency actions imposing these requirements.."
Face Masks 

Monday, February 8, 2021

The Insurrection Bar to Office: Section 3 of the Fourteenth Amendment

"In the aftermath of the events of January 6 in and around the Capitol, there have been calls for accountability for those who participated, as well as leaders who may have helped instigate it. The breach of the Capitol resulted in numerous injuries, multiple deaths, and significant property damage. It also delayed the Congress’s constitutional duty of certifying electoral votes for President-Elect Joseph Biden and caused Capitol Police and other law enforcement personnel to evacuate the Vice President and Members of Congress from the House and Senate floors to safer locations. Some observers, historians, and other commentators are wondering whether the Disqualification Clause of the Fourteenth Amendment might provide a mechanism to disqualify from holding office individuals who participated in or encouraged the siege, including former and sitting government officials.

Invocation of the Disqualification Clause could raise a number of novel legal questions involving the activities that could trigger disqualification, the offices to which disqualification might apply, and mechanisms by which disqualification could be enforced. The Clause has been seldom used, and the few times it has mainly arose out of the Civil War—a very different context from the events of January 6. It is therefore unclear how much past precedents provide useful guidance for its application to the events of January 6. This Legal Sidebar describes the Disqualification Clause, explains to whom it might apply and what activities could incur a bar on holding office, and discusses possible mechanisms to implement it.

The Disqualification Clause

Section 3 of the Fourteenth Amendment provides:
No Person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

In short, Section 3 appears to apply to any covered person who has taken an oath to uphold the Constitution of the United States and thereafter either (1) engages in insurrection or rebellion against the United States, or (2) gives aid or comfort to the enemies of the United States, unless a supermajority of Congress “removes such disability.”.."
Section 3 of 14th Amendment 

Violence Impacts Teens’ Lives

"Violence is preventable. We can all help young people grow up violence-free. Violence can limit life opportunities, lead to emotional and physical health problems, and shorten lives. Far too commonly, teens 14 to 18 years old experience violence, often more than one type such as physical fighting, sexual violence, dating violence, and bullying.

  • Every day about 360 teens are treated in emergency departments for assault injuries.
  • Homicide is the 3rd leading cause of death among teens.
  • Female teens are more likely than males to experience three or more types of violence, as are sexual minority teens compared to their heterosexual peers.
  • Some teens may have a higher risk of online bullying and threats during COVID-19.
  • Violence can impact school attendance and access to community support services.

Teens who experience violence have several health conditions and risk behaviors, including:

  • Missed school due to safety concerns
  • Low academic grades
  • Carried a weapon
  • Suicidal thoughts or behavior

  • Risky sexual behavior
  • Overweight or obesity
  • Felt sad or hopeless
  • Substance use

 As teens experience more violence, their health risks increase.

Image showing youth risk behavior survey chart 1Image showing youth risk behavior survey chart 2

.."
Violence against teens 

Friday, February 5, 2021

Federal Individual Income Tax Terms: An Explanation

"This report describes the terms most commonly used when discussing the federal individual income tax. Most of these tax terms are explained in the order that they occur in the process of determining one’s income tax on the Form 1040.

Total income is the sum total of all income required to be reported for tax purposes. Total income does not include exclusions, items specifically excluded from determination of gross income. Total income may be reduced by certain adjustments to income for special types of expenses that Congress has determined should be considered in calculating gross income. These adjustments, often referred to as above-the-line deductions, can generally be claimed by all eligible taxpayers, not just those who itemize deductions. For 2020 and 2021, taxpayers who do not itemize their deductions can claim an additional deduction for charitable contributions.

Adjusted gross income (AGI) equals gross income less above-the-line deductions (i.e., qualifying adjustments to income). It is the income measurement before a taxpayer claims either the standard deduction or the sum of all their itemized deductions (whichever is greater). Itemized deductions are subtracted from AGI and are allowed for certain types of expenditures for which income taxation is deemed inappropriate or inadvisable. The standard deduction, by contrast, is a set amount that varies by filing status and may be subtracted from AGI if it is greater than a taxpayer’s itemized deductions. An additional standard deduction amount is available to certain individuals, for example the blind or elderly. Deductions function like adjustments and exclusions in their effect on tax liability.

Taxable income is adjusted gross income reduced by either the standard deduction (plus the additional standard deduction in some cases) or itemized deductions along with a deduction for qualified pass-through business income, when applicable. Taxable income is the base to which the income tax rates are applied to calculate income tax liability. Tax liability is calculated by applying the marginal tax rate and schedule to taxable income. Tax credits are then subtracted from gross tax liability to arrive at a taxpayer’s final tax liability. Hence, tax credits reduce tax liability directly, on a dollar-for-dollar basis. Tax credits are available to all qualifying taxpayers, whether they itemize deductions or not..."
Federal Individual Tax 

GameStop-Related Market Volatility: Policy Issues

"Video game chain GameStop triggered a market frenzy in early 2021 when its stock price rapidly increased from around $18 to well over $400 in intraday trading (Figure 1). The developments soon spread to some other stocks and markets. The episode raises several policy issues, including social media’s influence over investment decisions, zero-commission trading, short selling, investor protection, market functionality, and financial stability...
Figure 1.
GameStop Stock Performance During the Week of January 25
Source: FactSet and CNBC.

Policy Issues

Multiple issues surfaced during the GameStop-led market volatility that could influence policymaking.

Social Media Influence

Some observers view the GameStop-related market volatility as a form of social rebellion carried out through capital markets and amplified by social media. Specifically, some traders on the WallStreetBets message board expressed a desire to target hedge funds that had bet against GameStop’sstock. Accordingly, some of the interest in GameStop appears to have been driven by resentment toward financial establishments rather than conventional economic justifications.

Zero-Commission Brokers and the “Gamification” of Trading
 

The GameStop phenomenon has also cast a spotlight on recent moves to zero-commission trading by retail brokerage firms. Robinhood, for example, is a zero-commission online and app-based broker serving more than 13 million mostly young retail investors. The zero-trading-fee business model provides convenience for investors to participate in savings and investments. It also draws criticisms due to concerns that the “gamification” of the trading experience—the use of design elements often found in online games—may give rise to impulsive decisions.
 
Retail investors’ participation in trading reportedly increased from around 10% to 25% in the first half of 2020 as the Coronavirus Disease 2019 pandemic took hold. Retail investor groups—fueled by social media messages and equipped with new and convenient tools such as Robinhood—could alter market functions and change the normal course of company and investor activities.."
GameStop 

Thursday, February 4, 2021

Personal Protective Equipment EUAs

"Personal Protective Equipment refers to protective clothing, helmets, gloves, face shields, goggles, respirators or other equipment designed to protect the wearer from injury or the spread of infection or illness.

To help address concerns about availability during the COVID-19 pandemic, the FDA has issued EUAs for certain PPE products including face shields, other barriers, and respiratory protective devices such as respirators. Additionally, the FDA has issued recommendations and policies about PPE which can be found here: Recent Final Medical Device Guidance Documents.

Templates for these EUA submissions are available to help facilitate the preparation, submission, and authorization of an EUA, including an Interactive Review Template For Non-IVD Products. Additionally, the FDA has posted a Surgical Masks EUA Template for Addition to Appendix A of the Surgical Mask Umbrella EUA..."
Personal Protective Equipment 

The Lifecycle of Copyright: 1925 Works Enter the Public Domain

"On January 1, a new raft of creative works of expression entered the public domain in the United States. The term of copyright has ended for works published or registered in 1925, which now join pre-1924 works already in the public domain and available for use by everyone without restrictions.

Expiration of copyright term is a critical phase in the lifecycle of copyright. Under the U.S. Constitution, the purpose of copyright is “to promote the progress of science.” Article I, section 8, clause 8, outlines a two-part structure for Congress to follow when enacting copyright laws so that they will further that goal.

Specifically, Congress may secure to authors “the exclusive right to their respective writings.” Granting exclusive rights to authors acts as an incentive to writers, artists, composers, and others in creative fields and thus increases the universe of human knowledge and culture.

Additionally, the Constitution specifies that the protection shall be “for limited times.” This ensures that those works will become part of the storehouse of human creation and can serve as source material for further creation.

The critical role of the public domain in human culture is easily illustrated by the fact that so many new works are based on public domain works, such as the works of William Shakespeare, Jane Austen, Bram Stoker, Louisa May Alcott, the Brontë sisters, and Sir Arthur Conan Doyle..."
Copyright 

Tuesday, February 2, 2021

Resources for Tracking Federal COVID-19 Spending

"Congress has responded to the Coronavirus Disease 2019 (COVID-19) pandemic with supplemental appropriations measures providing relief and assistance to individuals and families, state and local governments, businesses, health care providers, and other entities. For more information, see CRS Report R46474, Laws Enacted in Response to COVID-19: Resources for Congressional Offices, by Meredith Sund.

This report provides selected sources for tracking COVID-19 relief and assistance spending. It includes links to and information on government sources detailing spending amounts at various levels, including consolidated spending by multiple government agencies,spending by individual government agencies, and spending to specific recipients and geographies. The sources themselves are large government databases, individual agencies, oversight entities, and selected nongovernmental entities that attempt to repackage information on spending amounts obtained from available government sources.

Due to the continually evolving nature of information provided by sources that track federal COVID-19 spending, this report may be updated frequently. Data currency varies among sources.

For a legislative summary of the enacted bills, and a broad discussion of both the discretionary and direct spending measures provided by Congress, see CRS Report R46449, Tallying Federal Funding for COVID-19: In Brief, by William L. Painter. For general information on resources for tracking federal funds, see CRS Report R44027, Tracking Federal Awards: USAspending.gov and Other Data Sources, by Jennifer Teefy..."
Federal COVID-19 Spending 

Resolutions to Censure the President: Procedure and History

"Censure is a reprimand adopted by one or both chambers of Congress against a Member of Congress, President, federal judge, or other government official. While Member censure is a disciplinary measure that is sanctioned by the Constitution (Article 1, Section 5), non-Member censure is not. Rather, it is a formal expression or “sense of” one or both houses of Congress.

Censure resolutions targeting non-Members have utilized a range of statements to highlight conduct deemed by the resolutions’ sponsors to be inappropriate or unauthorized. Before the Nixon Administration, such resolutions included variations of the words or phrases unconstitutional, usurpation, reproof, and abuse of power. Beginning in 1972, the most clearly “censorious” resolutions have contained the word censure in the text.

Resolutions attempting to censure the President are usually simple resolutions. These resolutions are not privileged for consideration in the House or Senate. They are, instead, considered under the regular parliamentary mechanisms used to process “sense of” legislation.

Since 1800, Members of the House and Senate have introduced resolutions of censure against at least 12 sitting Presidents. Two additional Presidents received criticism via alternative means (a House committee report and an amendment to a resolution).

The clearest instance of a successful presidential censure is Andrew Jackson. The Senate approved a resolution of censure in 1834. On three other occasions, critical resolutions were adopted, but their final language, as amended, obscured the original intention to censure the President.

In the remaining cases, resolutions remained in committee, without further consideration, or were not adopted in a floor vote. Nevertheless, presidential censure attempts have become more frequent since the Watergate era.

This report summarizes the procedures that may be used to consider resolutions of censure and the history of attempts to censure the President (1 st -116th Congresses). It also provides citations to additional reading material on the subject..."
Censure President Resolution 

Your Winning Game Plan for Super Bowl Sunday Food

"Every coach has a winning game plan. What’s your plan for your Super Bowl eats? Strategizing now can help prevent foodborne illness in your household and reduce food waste later.

Pregame Show

Wash hands immediately before and after handling food. A recent USDA study showed that 99 percent of people don’t wash their hands correctly. To properly wash your hands, wet your hands with water, lather with soap and scrub for 20 seconds. Rinse your hands and dry with a clean towel or paper towel.

Stock up on shallow food containers and make sure you’ve got extra space for them in your refrigerator or freezer.

Foods should not be left at room temperature for more than two hours. Know when you plan to serve the food and set a timer to remind yourself to start packing up leftovers.

Make sure you have a food thermometer to ensure that food reaches a safe internal temperature when you’re cooking and that leftovers reach 165 F when you reheat them.

If you plan on serving food throughout the game, make two portions of each dish. Serve one portion as the game starts and keep another portion in the refrigerator or oven to rotate out after half time.

Kickoff

Don’t mix players from different teams. Keep raw meat and poultry separate from other foods like fresh fruits and vegetables by using separate cutting boards and utensils. This will prevent cross-contamination of bacteria and keep your MVPs from getting food poisoning.

Don’t play dirty. Clean and sanitize all cooking surfaces and utensils, especially after handling raw meat. You’ll also need to wash your hands often throughout the game.

Make sure your players are warmed up enough to finish the game. The only way to be sure your chicken wings or any meat are cooked is with a food thermometer. Place the food thermometer in the thickest part of the wing, avoiding the bone. The thermometer should read 165 F.
 

Half Time

Half time is the perfect time to make sure your lineup of food and drinks are making the right plays (and not getting anyone sick).

Begin putting food away at the half time mark, especially if food has been sitting at room temperature since the beginning of the game. Pack leftovers in small portions in shallow containers and place the containers into the refrigerator or freezer immediately. Discard any food that has been out for more than two hours.

At half time you should also bring out the substitute players – those fresh portions of food that you’ve been keeping hot or cold. Your household will thank you for the fresh food, and for watching their blind side when it comes to food poisoning..."
Super Bowl Food