Membership of the 112th Congress: A Profile

Jennifer E. Manning
Information Research Specialist

This report presents a profile of the membership of the 112th Congress (2011-2012). Statistical information is included on selected characteristics of Members, including data on party affiliation, average age, occupation, education, length of congressional service, religious affiliation, gender, ethnicity, foreign births, and military service.

Currently, in the House of Representatives there are 240 Republicans, 196 Democrats (including 5 Delegates and the Resident Commissioner), and 5 vacant seats. The Senate has 47 Republicans, 51 Democrats, and 2 Independents, who caucus with the Democrats.

The average age of Members of the House at the beginning of the 112th Congress was 56.7 years; and of Senators, 62.2 years. The overwhelming majority of Members have a college education. The dominant professions of Members are public service/politics, business, and law. Protestants collectively constitute the majority religious affiliation of Members. Roman Catholics account for the largest single religious denomination, and numerous other affiliations are represented.

The average length of service for Representatives at the beginning of the 112th Congress was 9.8 years (4.9 terms); for Senators, 11.4 years (1.9 terms).

Ninety-three women serve in the 112th Congress: 76 in the House, including 3 Delegates, and 17 in the Senate. There are 43 African American Members of the House (a record number) and none in the Senate. This House number includes 2 Delegates. There are 31 Hispanic or Latino Members serving: 29 in the House, including 1 Delegate and the Resident Commissioner, and 2 in the Senate. Twelve Members (eight Representatives, two Delegates, and two Senators) are Asian or Native Hawaiian/other Pacific Islander. The only American Indian (Native American) serves in the House.


Date of Report: August 15, 2012
Number of Pages: 11
Order Number: R41657
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Gifts to the President of the United States

Jack Maskell
Legislative Attorney

This report addresses provisions of federal law and regulation restricting the acceptance of personal gifts by the President of the United States.

Although the President, like all other federal officers and employees, is prohibited from receiving personal gifts from foreign governments and foreign officials without the consent of Congress (U.S. Const., art. I, § 9, cl. 8), the President is generally free to accept unsolicited personal gifts from the American public. Most of the restrictions on federal officials accepting gifts from “prohibited sources” (those doing business with, seeking action from, or regulated by one’s agency) are not applicable to the President of the United States (5 C.F.R. § 2635.204(j)), although the President may not solicit gifts from such sources. The President, in a similar manner as other federal officials, may also receive unrestricted gifts from relatives and gifts that are given on the basis of personal friendship. When personal gifts accepted by the President or his immediate family exceed a certain amount, those gifts are required to be publicly disclosed in financial disclosure reports filed annually by the President. 5 U.S.C. app., §§ 101(f)(1), 102(a)(2). The President remains subject to the bribery and illegal gratuities law which prohibits the receipt of a gift or of anything of value when that receipt, or the agreement to receive such thing of value, is connected in some way to the performance (or nonperformance) of an official act.


Date of Report: August 16, 2012
Number of Pages: 9
Order Number: R42662
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The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law

Charles Doyle
Senior Specialist in American Public Law

Jennifer K. Elsea
Legislative Attorney

The Constitution permits Congress to authorize the use of the militia “to execute the Laws of the Union, suppress Insurrections and repel Invasions.” And it guarantees the states protection against invasion or usurpation of their “republican form of government,” and, upon the request of the state legislature, against “domestic violence.” These constitutional provisions are reflected in the Insurrection Acts, which have been invoked numerous times both before and after passage of the Posse Comitatus Act, 18 U.S.C. § 1385, in 1878. Congress has also enacted a number of statutes that authorize the use of the land and naval forces to execute their objective.

The Posse Comitatus Act outlaws the willful use of any part of the Army or Air Force to execute the law unless expressly authorized by the Constitution or an act of Congress. History supplies the grist for an argument that the Constitution prohibits military involvement in civilian affairs subject to only limited alterations by Congress or the President, but the courts do not appear to have ever accepted the argument unless violation of more explicit constitutional command could also be shown. The express statutory exceptions include the legislation that allows the President to use military force to suppress insurrection or to enforce federal authority, 10 U.S.C. §§ 331- 335, and laws that permit the Department of Defense to provide federal, state and local police with information, equipment, and personnel, 10 U.S.C. §§ 371-382.

Case law indicates that “execution of the law” in violation of the Posse Comitatus Act occurs (a) when the Armed Forces perform tasks assigned to an organ of civil government, or (b) when the Armed Forces perform tasks assigned to them solely for purposes of civilian government. Questions concerning the act’s application arise most often in the context of assistance to civilian police. At least in this context, the courts have held that, absent a recognized exception, the Posse Comitatus Act is violated when (1) civilian law enforcement officials make “direct active use” of military investigators; or (2) the use of the military “pervades the activities” of the civilian officials; or (3) the military is used so as to subject “citizens to the exercise of military power which was regulatory, prescriptive, or compulsory in nature.” The act is not violated when the Armed Forces conduct activities for a military purpose.

The language of the act mentions only the Army and the Air Force, but it is applicable to the Navy and Marines by virtue of administrative action and commands of other laws. The law enforcement functions of the Coast Guard have been expressly authorized by act of Congress and consequently cannot be said to be contrary to the act. The act has been applied to the National Guard when it is in federal service, to civilian employees of the Armed Forces, and to off-duty military personnel. The act probably only applies within the geographical confines of the United States, but the supplemental provisions of 10 U.S.C. §§ 371-382 appear to apply worldwide.

Finally, the act is a criminal statute under which there has been but a handful of known prosecutions. Although violations will on rare occasions result in the exclusion of evidence, the dismissal of criminal charges, or a civil cause of action, as a practical matter compliance is ordinarily the result of military self-restraint.

This report provides an historical analysis of the use of the Armed Forces to execute domestic law and of the Posse Comitatus Act, including their apparent theoretical and constitutional underpinnings. The report then outlines the current application of the act as well as its statutory exceptions, and reviews the consequences of its violation. This report appears in abridged form as CRS Report RS20590, The Posse Comitatus Act and Related Matters: A Sketch.


Date of Report: August 16, 2012
Number of Pages: 69
Order Number: R42659
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The SBA Disaster Loan Program: Overview and Possible Issues for Congress

Bruce R. Lindsay
Analyst in American National Government

Through its Office of Disaster Assistance (ODA), the Small Business Administration (SBA) has been a major source of assistance for the restoration of commerce and households in areas stricken by natural and human-caused disasters since the agency’s creation in 1953. SBA offers low-interest, long-term loans for physical and economic damages to businesses to help repair, rebuild, and recover from economic losses after a declared disaster. However, the majority of the agency’s approved disaster loans (approximately 80%) are made to individuals and households (renters and property owners) to help repair and replace homes and personal property.

The three main types of loans for disaster-related losses include (1) Home and Personal Property Loans, (2) Business Physical Disaster Loans, and (3) Economic Injury Disaster Loans (EIDL). Home Disaster Loans are used to repair or replace disaster-damaged primary residences. Personal Property Loans are used to replace personal items such as furniture and clothing. SBA regulations limit Home Physical Disaster Loans to $200,000 and Personal Property Loans to $40,000. Business Physical Disaster Loans help businesses of all sizes and nonprofit organizations repair or replace disaster-damaged property, including inventory and supplies. EIDLs provide financial assistance to businesses located in a disaster area that have suffered economic injury as a result of a declared disaster (regardless if there has been physical damage to the business). EIDLs are used to meet financial obligations it could have met if the disaster had not occurred. Both Business Physical Disaster Loans and EIDLs are limited by law to $2 million per applicant. Business Physical Disaster Loans and EIDLs also provide assistance to small businesses, small agricultural cooperatives (but not enterprises), and certain private, nonprofit organizations that have suffered substantial economic injury resulting from a physical disaster or an agricultural production disaster. Since 1953, SBA has approved roughly 1.9 million disaster loans for a total of more than $47 billion (nominal dollars).

Congressional interest in the Disaster Loan Program has increased in recent years primarily because of concerns about the program’s performance in responding to the 2005 and 2008 hurricane disasters. Supporters of the Disaster Loan Program argue that it is an important form of assistance to help victims recover from disasters. Critics argue that the responsibility for disaster recovery should be borne by homeowners through the purchase of private insurance. Supporters reply that by covering individuals and households unable to afford private insurance, the program fills a need not met by traditional market mechanisms.

This report describes the SBA Disaster Loan Program, including the types of loans available to individuals, households, businesses, and nonprofit organizations and highlights issues that may be of potential congressional concern: (1) the pace of implementation of the Small Business Disaster Response and Loan Improvement Act of 2008 (P.L. 110-246), (2) SBA’s loan processing procedures, (3) the funding of the Disaster Loan Program, (4) the potential need for loan forgiveness and waivers, (5) decline rates for SBA disaster loans, (6) the use of disaster loans to replace allegedly toxic drywall, (7) the transfer of the Disaster Loan Program to FEMA, (8) the perceived increase in federal spending for disasters, and (9) interest rates for SBA disaster loans.


Date of Report: August 8, 2012
Number of Pages: 28
Order Number: R41309
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Federal Disaster Recovery Programs: Brief Summaries

Carolyn V. Torsell
Information Research Specialist

This report summarizes federal disaster assistance programs for use by Members of Congress and their staff as they address the needs of their states, communities, and constituents. A number of federal agencies provide assistance to individual victims, such as state, territorial, and local governments and non-governmental entities following a disaster. The federal forms of assistance include grants, loans, loan guarantees, temporary housing, and counseling.

The programs summarized in this report fall into two broad categories. First are programs for disaster situations; most of these programs are administered by the Federal Emergency Management Agency (FEMA) and the Small Business Administration (SBA). Second are general assistance programs that may be used in either disaster situations, or to meet regular service needs. Many federal agencies, including the Departments of Health and Human Services, Housing and Urban Development, and Justice, administer programs that may be included in the second category.

The programs in this report are primarily organized by recipient: individuals, state and local governments, or businesses. These programs address short-term needs such as food and shelter, and long-term needs such as repair of public utilities.

This report includes a list of CRS reports on disaster assistance as well as relevant federal agency websites that provide information on disaster responses, updates on recovery efforts, and resources on federal assistance programs.


Date of Report: August 10, 2012
Number of Pages: 17
Order Number: RL31734
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The U.S. Postal Service’s Financial Condition: Overview and Issues for Congress

Kevin R. Kosar
Analyst in American National Government

This report provides an overview of the U.S. Postal Service’s (USPS’s) financial condition, legislation enacted to alleviate the USPS’s financial challenges, and possible issues for the 112th Congress.

Since 1971, the USPS has been a self-supporting government agency that covers its operating costs with revenues generated through the sales of postage and related products and services.

In recent years, the USPS has experienced significant financial challenges. After running modest profits from FY2004 through FY2006, the USPS lost $25.4 billion between FY2007 and FY2011. Were it not for congressional action, the USPS would have lost an additional $9.5 billion.

In the first three quarters of FY2012, the USPS had an $11.5 billion operational loss. The USPS did not have sufficient cash to make a $5.5 billion payment to its Retiree Health Benefits Fund (RHBF) that was due on August 1, 2012. The USPS is unlikely to have sufficient liquidity to make a $5.6 billion RHBF payment due on September 30, 2012.

A number of ideas have been advanced that would attempt to improve the USPS’s financial condition in the short term so that it might continue as a self-funding government agency. All of these reforms would require Congress to amend current postal law. The ideas include (1) increasing the USPS’s revenues by altering postage rates and increasing its offering of nonpostal rates and services; and (2) reducing the USPS’s expenses by a number of means, such as recalculating the USPS’s retiree health care and pension obligations and payments, closing postal facilities, and reducing mail delivery to less than six days per week.

This report will be updated after the USPS releases its quarterly financial results in early November 2012, and in the interim should there be any significant developments.


Date of Report: August 10, 2012
Number of Pages: 20
Order Number: R41024
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