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Federal Legislative Branch

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  • Issue Brief posted April 8, 2013 by Baker Spring, Jack Spencer Mixed Oxide Fuel Facility in South Carolina Needs Congress’s Support

    The Department of Energy (DOE) is constructing a facility at the Savannah River Site in South Carolina to produce mixed oxide (MOX) fuel, which consists of uranium oxide and plutonium oxide, for use in nuclear power reactors. This building project follows from a 2000 agreement with Russia to dispose of 34 metric tons of surplus weapons plutonium by each country. The DOE…

  • Backgrounder posted March 25, 2013 by Paul Rosenzweig, Daniel J. Dew Guilty Until Proven Innocent: Undermining the Criminal Intent Requirement

    Developed over the course of hundreds of years, the Anglo–American legal system contains several key provisions that, when used properly, guard against wrongful criminal convictions. These protections are critical: Not only do they defend Americans from false accusations and Kafka-esque legal proceedings, but they also demand that police and prosecutors proceed with…

  • Testimony posted March 6, 2013 by James L. Gattuso “REINS Act of 2013”: Promoting Jobs, Growth, and Competitiveness

    Testimony before The Subcommittee on Regulatory Reform, Commercial and Antitrust Law Committee on the Judiciary United States House of Representatives March 5, 2013 Mr. Chairman, Ranking member Cohen, members of the subcommittee: My name is James Gattuso. I am Senior Research Fellow in Regulatory Policy at The Heritage Foundation. Thank you for inviting me to be here…

  • Issue Brief posted February 26, 2013 by Theodore R. Bromund, Ph.D. U.N. Arms Trade Treaty: Congress Should Show Leadership in Advance of the ATT Negotiations

    Next month, the United Nations will hold a second negotiating conference on the Arms Trade Treaty (ATT). The first conference, held in July 2012, failed to reach consensus agreement on a treaty text. Before that conference, both the Senate and House played a constructive role in the treaty process by making their wide-ranging concerns about the ATT clear to the executive…

  • Issue Brief posted December 18, 2012 by Michaela Dodge National Security and Defense: Comparing Congress and The Heritage Foundation's Policy Positions

    To provide for the common defense is one of the primary constitutional responsibilities of the federal government. The National Defense Authorization Act (NDAA) is a federal law that annually specifies the budget and expenditures of the Department of Defense (DOD). In addition to funding, this law can also be a vehicle for good and bad policies. Therefore, lawmakers abuse…

  • Issue Brief posted December 5, 2012 by John Malcolm Indian Tribal Lands and the Carcieri Fix

    Retiring Senator Daniel Akaka (D–HI) has indicated, with the support of Senate Majority Leader Harry Reid (D–NV) and the Obama Administration, that he intends to push his “Carcieri Fix” (S. 676) during the lame-duck session of Congress. The bill would give the Secretary of the Interior largely unbridled discretion to turn over tens of thousands of acres of private land to…

  • Issue Brief posted September 26, 2012 by J.D. Foster, Ph.D. Obama Could Prevent a Made-in-Washington Recession

    The Congressional Budget Office (CBO) forecasts a recession for 2013. Forecasters rarely anticipate a recession. Almost by definition, recessions surprise. Some unexpected force or forces conspire to so disrupt the economy that it contracts. What makes this recession different, and predictable, is that the disruptive force is Washington policies and, even more,…

  • Issue Brief on September 24, 2012 Cybersecurity: The Latest Research and Analysis

    In the age of modern warfare, the threat of a cyber attack is often overlooked. Focus tends to lie more on physical threats, such as missile defense and nuclear weapons. However, one of the greatest threats to national security is a lack of cybersecurity. Politicians have tried to bring legislation to the floor in an effort to “do something” to protect the nation from…

  • Issue Brief posted September 19, 2012 by Nicolas Loris War on Coal: A House Bill to Stop the Regulatory Assault

    Coal’s share of electricity generation in the United States has been shrinking, partly as a result of low natural gas prices. However, an undeniable reason for coal’s demise is the regulatory assault on the industry by the Obama Administration. Alpha Natural Resources recently announced that it would close eight coal mines and eliminate 1,200 jobs in part because of what…

  • Issue Brief posted September 18, 2012 by John Malcolm Foreign Intelligence Surveillance Amendments Act of 2008 Set to Expire

    Last Wednesday, the House of Representatives reauthorized the Foreign Intelligence Surveillance Amendments Act of 2008 (FAA), which expires at the end of the year. The Senate will take up the measure shortly. James Clapper, the Director of National Intelligence (DNI), and U.S. Attorney General (AG) Eric Holder have informed leaders in Congress that reauthorizing the FAA…

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  • Backgrounder posted March 25, 2013 by Paul Rosenzweig, Daniel J. Dew Guilty Until Proven Innocent: Undermining the Criminal Intent Requirement

    Developed over the course of hundreds of years, the Anglo–American legal system contains several key provisions that, when used properly, guard against wrongful criminal convictions. These protections are critical: Not only do they defend Americans from false accusations and Kafka-esque legal proceedings, but they also demand that police and prosecutors proceed with…

  • Testimony posted July 27, 2010 by David B. Muhlhausen, Ph.D. The Second Chance Act: More Evaluations of Effectiveness Needed

    Before the Committee on the Judiciary of the United States Senate Delivered July 21, 2010 “The Second Chance Act: More Evaluations of Effectiveness Needed” Introduction My name is David Muhlhausen. I am Senior Policy Analyst in the Center for Data Analysis at The Heritage Foundation. I thank Chairman Patrick J. Leahy,…

  • Center for Data Analysis Report posted May 5, 2010 by David W. Kreutzer, Ph.D., Karen Campbell, Ph.D., William W. Beach, Ben Lieberman, Nicolas Loris A Renewable Electricity Standard: What It Will Really Cost Americans

    Abstract: Renewable energy—harnessing the power of the wind and the sun—sounds wonderful until confronted with the facts. While wind and sun are indeed free, turning their energy into consumer-accessible electricity is not. Nor is it easy. Wind power must be used at the moment the wind is blowing— which it generally does not do during blazing-hot summer days, the peak of…

  • Lecture posted February 3, 2011 by Brett D. Schaefer United Nations: Urgent Problems That Need Congressional Action

    Abstract: The United Nations has largely failed to maintain international peace and security, promote self-determination and basic human rights, and protect fundamental freedoms. While the conflicting interests of member states have led to many of these failures, the U.N. system itself is partly to blame. The U.N. and its affiliated organizations are plagued by outdated…

  • Report posted June 20, 2011 by John Yoo, James C. Ho The Sword and the Purse (Part 2); The President as Commander in Chief

    Under the Articles of Confederation, all war power was vested in a Congress and the United States lacked a formal executive. This arrangement proved unworkable as America’s foreign policy and defense, deprived of executive guidance, floundered. Recognizing the need for an executive to act with swiftness and dispatch in response to foreign threats, the Framers of the…

  • Backgrounder posted January 3, 2011 by Brian Darling The Filibuster Protects the Rights of All Senators and the American People

    Abstract: The filibuster in the U.S. Senate protects the rights of Senators to debate and amend legislation, thereby protecting the interest of the American people. The filibuster actually realizes the Founders’ intent that the Senate slow the legislative process “to ensure due deliberation and inquiry” before passing a bill. Current efforts to limit the…

  • Backgrounder posted July 18, 2011 by David B. Muhlhausen, Ph.D. Evaluating Federal Social Programs: Finding Out What Works and What Does Not

    Abstract: Federal social programs are rarely evaluated to determine whether they are actually accomplishing their intended purposes. As part of its obligation to spend taxpayers’ dollars wisely, Congress should mandate that experimental evaluations of every federal social program be conducted. The evaluations should be large-scale, multisite studies to guard against…

  • Backgrounder posted March 22, 2012 by Robert Alt, Edmund F. Haislmaier The Obamacare Challenge: The Questions Before the Supreme Court and Their Portents for Congress

    Abstract: Next week, the Supreme Court will hear challenges to Obamacare (the Patient Protection and Affordable Care Act) centered on the constitutionality of the legislation’s individual mandate and Medicaid expansion. From a legal perspective, the Court’s decision will serve as a significant precedent with respect to what limits, if any, still apply to…

  • Issue Brief posted September 10, 2012 by Jessica Zuckerman Politics Over Security: Homeland Security Congressional Oversight In Dire Need of Reform

    Eleven years have passed since the tragedy of September 11, 2001. Since then, the U.S. has made great strides in protecting the nation and countering the continued threat of terrorism. Immediately following the attacks, Congress assembled 22 separate agencies—spanning from the Department of Defense (DOD) to the Department of Agriculture—to create the cabinet-level…

  • Backgrounder posted July 14, 2011 by Ernest Istook Considering a Balanced Budget Amendment: Lessons from History

    Abstract: Attempts at passing a balanced budget amendment (BBA) date back to the 1930s, and all have been unsuccessful. Both parties carry some of the blame: The GOP too often has been neglectful of the issue, and the Democratic Left, recognizing a threat to big government, has stalled and obfuscated, attempting to water down any proposals to mandate balanced budgets. On…

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  • Issue Brief posted April 8, 2013 by Baker Spring, Jack Spencer Mixed Oxide Fuel Facility in South Carolina Needs Congress’s Support

    The Department of Energy (DOE) is constructing a facility at the Savannah River Site in South Carolina to produce mixed oxide (MOX) fuel, which consists of uranium oxide and plutonium oxide, for use in nuclear power reactors. This building project follows from a 2000 agreement with Russia to dispose of 34 metric tons of surplus weapons plutonium by each country. The DOE…

  • Backgrounder posted March 25, 2013 by Paul Rosenzweig, Daniel J. Dew Guilty Until Proven Innocent: Undermining the Criminal Intent Requirement

    Developed over the course of hundreds of years, the Anglo–American legal system contains several key provisions that, when used properly, guard against wrongful criminal convictions. These protections are critical: Not only do they defend Americans from false accusations and Kafka-esque legal proceedings, but they also demand that police and prosecutors proceed with…

  • Issue Brief posted February 26, 2013 by Theodore R. Bromund, Ph.D. U.N. Arms Trade Treaty: Congress Should Show Leadership in Advance of the ATT Negotiations

    Next month, the United Nations will hold a second negotiating conference on the Arms Trade Treaty (ATT). The first conference, held in July 2012, failed to reach consensus agreement on a treaty text. Before that conference, both the Senate and House played a constructive role in the treaty process by making their wide-ranging concerns about the ATT clear to the executive…

  • Issue Brief posted December 18, 2012 by Michaela Dodge National Security and Defense: Comparing Congress and The Heritage Foundation's Policy Positions

    To provide for the common defense is one of the primary constitutional responsibilities of the federal government. The National Defense Authorization Act (NDAA) is a federal law that annually specifies the budget and expenditures of the Department of Defense (DOD). In addition to funding, this law can also be a vehicle for good and bad policies. Therefore, lawmakers abuse…

  • Issue Brief posted December 5, 2012 by John Malcolm Indian Tribal Lands and the Carcieri Fix

    Retiring Senator Daniel Akaka (D–HI) has indicated, with the support of Senate Majority Leader Harry Reid (D–NV) and the Obama Administration, that he intends to push his “Carcieri Fix” (S. 676) during the lame-duck session of Congress. The bill would give the Secretary of the Interior largely unbridled discretion to turn over tens of thousands of acres of private land to…

  • Issue Brief posted September 26, 2012 by J.D. Foster, Ph.D. Obama Could Prevent a Made-in-Washington Recession

    The Congressional Budget Office (CBO) forecasts a recession for 2013. Forecasters rarely anticipate a recession. Almost by definition, recessions surprise. Some unexpected force or forces conspire to so disrupt the economy that it contracts. What makes this recession different, and predictable, is that the disruptive force is Washington policies and, even more,…

  • Issue Brief on September 24, 2012 Cybersecurity: The Latest Research and Analysis

    In the age of modern warfare, the threat of a cyber attack is often overlooked. Focus tends to lie more on physical threats, such as missile defense and nuclear weapons. However, one of the greatest threats to national security is a lack of cybersecurity. Politicians have tried to bring legislation to the floor in an effort to “do something” to protect the nation from…

  • Issue Brief posted September 19, 2012 by Nicolas Loris War on Coal: A House Bill to Stop the Regulatory Assault

    Coal’s share of electricity generation in the United States has been shrinking, partly as a result of low natural gas prices. However, an undeniable reason for coal’s demise is the regulatory assault on the industry by the Obama Administration. Alpha Natural Resources recently announced that it would close eight coal mines and eliminate 1,200 jobs in part because of what…

  • Issue Brief posted September 18, 2012 by John Malcolm Foreign Intelligence Surveillance Amendments Act of 2008 Set to Expire

    Last Wednesday, the House of Representatives reauthorized the Foreign Intelligence Surveillance Amendments Act of 2008 (FAA), which expires at the end of the year. The Senate will take up the measure shortly. James Clapper, the Director of National Intelligence (DNI), and U.S. Attorney General (AG) Eric Holder have informed leaders in Congress that reauthorizing the FAA…

  • Issue Brief posted September 13, 2012 by Paul Rosenzweig Congress Should Not Enable Executive Orders on Cybersecurity

    The discussion over improving U.S. cybersecurity has moved from a debate over different pieces of legislation to speculation and expectation that President Obama will issue an executive order. Congress repeatedly declined to adopt a regulatory approach to cybersecurity, yet the Administration has drafted an executive order that begins the development of a regulatory…

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