Policy Papers

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December 10, 2019

Flipping Circuit Courts

KEY TAKEAWAYS During the Trump administration, the Senate has confirmed 48 nominees to circuit court judgeships. Those confirmations have flipped control of three of the 12 geographically defined circuits: the 2nd, 3rd, and 11th. Having a majority of Republican appointees in a circuit creates new opportunities to overturn flawed rulings. As of December 9, there are 48 judges named by President Trump among the nation’s 179 authorized circuit court judgeships: nearly 27%. These... Continue Reading


December 6, 2019

November 2019 Jobs Report

Unemployment Rate: 3.5% Jobs Created: 266,000 Employment and Unemployment The Department of Labor reported the unemployment rate decreased by 0.1 percentage point to 3.5% in November. Nonfarm jobs grew by 266,000 in November. Economists surveyed by the Wall Street Journal had expected 187,000 jobs. Job growth for September and October was stronger than originally reported. The department revised the job creation numbers up for those months by a combined 41,000 jobs.   The U-6... Continue Reading


December 4, 2019

Real ID Deadline is Coming

KEY TAKEAWAYS Americans planning to fly on or after October 1, 2020, must show an enhanced form of identification called a “Real ID,” or they will have to bring another accepted document such as a passport. The requirement is for people boarding a commercial aircraft, entering a federal facility, or accessing a nuclear power plant. All states are on track to comply with the law by offering the new ID cards, but 73% of cards in circulation are still not compliant, and 57% of... Continue Reading


November 25, 2019

Iran Threat Update

KEY TAKEAWAYS Street protests followed Iran’s decision to raise gasoline prices by 50%. Due to tough economic sanctions from the U.S., Iranian inflation is above 30% for two years in a row. The U.S. intelligence community stated Iran is responsible for a September 14 attack on Saudi Arabia’s oil infrastructure. The United States deployed ground troops to Saudi Arabia to assist with air and missile defense. Iran continues to enrich uranium above the levels required for peaceful... Continue Reading


November 21, 2019

The Medicare Program and the Coverage It Provides

KEY TAKEAWAYS Medicare was created in 1965 to provide health care for people 65 and older, younger people with permanent disabilities, and end-stage renal disease patients. The program has been modified over the years to increase benefits, modify provider payments, and expand the role of private plans in offering coverage.   Each year, the Medicare trustees report the need for reform to ensure that people who pay into the program can get the care they expect. The trustees have... Continue Reading


November 20, 2019

Facial Recognition: Potential and Risk

KEY TAKEAWAYS Facial recognition technology is used in a variety of industries including retail, financial services, and aviation as well as by government agencies like the FBI, TSA, and ICE. The accuracy of the technology has improved dramatically in recent years, but constitutional, privacy, and other concerns remain. The United States does not have a comprehensive law governing the use of facial recognition technology; some states and cities have begun legislating and regulating it. Facial... Continue Reading


November 14, 2019

Financial Regulation Update

KEY TAKEAWAYS The Securities and Exchange Commission has finalized a rule that may encourage more companies to go public, by lowering costs and increasing flexibility during the IPO process. Another recent SEC rule aims to avoid conflicts of interest when brokers make recommendations to investors, while safeguarding customers’ access to these services.  The Federal Reserve and other agencies continue rulemaking required by a 2018 financial reform law, including to better match rules... Continue Reading


November 14, 2019

Estimating Regulatory Savings

KEY TAKEAWAYS The White House Office of Management and Budget projects $18 billion in eventual regulatory cost savings from fiscal year 2019, though the final numbers are not in yet. The White House has estimated approximately $50 billion in eventual savings from deregulation since President Trump took office. Congressional Review Act resolutions enacted so far are expected to generate $40 billion in economic activity annually, according to the White House. The Trump administration and... Continue Reading


November 13, 2019

Border Security Status Report

KEY TAKEAWAYS President Trump has built 81 miles of border wall since he took office and has authority and appropriations to build an additional 428 miles. Monthly border apprehensions in October were down significantly from the record numbers earlier this year, though they were up 114% for fiscal year 2019. U.S. Border Patrol estimates that an additional 147,000 people crossed the border illegally in 2019 and were not apprehended. Apprehensions along the southwest border between ports of... Continue Reading


November 5, 2019

The 2020 Census

KEY TAKEAWAYS The decennial census, first conducted in 1790, is taking place in 2020. The census is a count, as accurate as possible, of every person residing in the United States. It provides the basis for apportionment of Congressional seats, redistricting within states, and allocation of over $900 billion of federal funds. The census has been conducted every decade since 1790. Because a representative government must know how many people reside within its borders, and where they live, in... Continue Reading


November 5, 2019

Medicare Part D Prescription Drug Coverage

KEY TAKEAWAYS Medicare Part D began in 2006 as a voluntary benefit for people enrolled in Medicare, to help pay for their prescription drugs. Insurance companies that participate in the program submit bids to the federal government and compete with other plans to keep costs affordable and medicines accessible. Any policy reforms to ensure the program remains viable for future beneficiaries must maintain the free-market benefit structure, which has helped patients and encouraged pharmaceutical... Continue Reading


November 1, 2019

October 2019 Jobs Report

Unemployment Rate: 3.6 percent Jobs Created: 128,000 Employment and Unemployment The Department of Labor reported the unemployment rate ticked up 0.1 percentage point to 3.6% in October. Nonfarm jobs grew by 128,000 in October. Economists surveyed by the Wall Street Journal had expected 75,000 jobs. Job growth for August and September was stronger than originally reported. The department revised the job creation numbers up for those months by a combined 95,000 jobs.   The U-6... Continue Reading


October 31, 2019

Labor Department Rules Update

KEY TAKEAWAYS The Department of Labor’s regulatory reform efforts have sought to provide clarity and to overhaul burdensome rules imposed by the Obama administration. The department recently finalized one rule that makes an additional 1.3 million workers eligible for overtime pay and another rule to expand access to retirement plans. Other rules are in progress, including one to clarify situations in which two employers may be jointly liable for overtime pay and other wage requirements... Continue Reading


October 29, 2019

Major Decisions by Trump-Appointed Circuit Judges

KEY TAKEAWAYS The Senate has confirmed 43 of President Trump’s circuit court judge nominees, at more than twice President Obama’s pace. Trump appointees now fill almost one of every four circuit court judgeships and are having an impact on the country’s jurisprudence. These judges have authored major opinions in a wide variety of fields, ranging from environmental to criminal law. While the Supreme Court is the highest appeals court in the country, well over 99% of federal... Continue Reading


October 29, 2019

Democrats Try to Curb Health Care Coverage

KEY TAKEAWAYS Senate Democrats introduced a Congressional Review Act resolution to overturn President Trump’s guidance giving states more flexibility to offer affordable health insurance options. The guidance on waivers under section 1332 of Obamacare maintains protections for people with pre-existing conditions and allows states to experiment with coverage options tailored to their residents’ needs.  The Trump administration’s guidance rightfully prioritizes consumer... Continue Reading


October 24, 2019

Coming Soon: STELAR Reauthorization

KEY TAKEAWAYS Three key sections of the Satellite Television Extension and Localism Act Reauthorization – governing retransmission and other agreements between broadcasters and cable and satellite operators – are scheduled to expire at the end of this year. The television-viewing landscape has changed dramatically in the five years since Congress last updated these laws. An estimated 119 million U.S. households – 93% of the country – watch television. Their experience... Continue Reading


October 23, 2019

Impeachment Due Process Failures

KEY TAKEAWAYS The House Democratic leadership’s impeachment inquiry has failed to live up to the neutral standards set by the impeachment inquiries of Presidents Clinton and Nixon. The vast majority of the elected officials of the U.S. government cannot see the evidence being gathered behind closed doors. The investigators have denied the president’s legal team basic due process, including the right to rebut one’s accusers, challenge the evidence produced, and understand the... Continue Reading


October 22, 2019

Post-Cloture Rules and Precedents

KEY TAKEAWAYS In addition to the 30-hour cap on consideration of legislation, cloture under Rule XXII triggers many lesser-known rules and precedents governing debate, the amendment process, and floor procedure. Knowledge of these rules is essential to avoiding mistakes on the floor and in formulating legislative strategy. Most of these rules and precedents can be found in Rule XXII, Riddick’s and the parliamentarian’s database of Senate precedents. Like most Senate rules, the... Continue Reading


October 17, 2019

RPC Interview: Federal CIO Suzette Kent

KEY TAKEAWAYS The federal CIO is responsible for coordinating government-wide information technology modernization efforts. The federal government is taking a multi-pronged approach to filling critical IT and cybersecurity jobs, including retention incentives and professional development opportunities. There are a number of opportunities for Congress and the administration to collaborate on modernizing federal IT. The federal government spent $96 billion dollars on information technology in... Continue Reading


October 16, 2019

The Pelosi Drug Plan: Negotiation in Name Only

KEY TAKEAWAYS House Democrats have introduced legislation to require the government to “negotiate” drug prices in Medicare and the private market. The government would levy exorbitant confiscatory taxes on drug manufacturers that do not take the price set by the government, meaning the “negotiation” is in name only. This approach would lead to less innovation of new treatments and cures by diminishing the incentive for drug makers to take the risks associated with... Continue Reading


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