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The Evolution of P.L. 86-272’s State Income Tax Immunity for Income Derived from Interstate Commerce
Joint Congressional Committee on Inaugural Ceremonies: History, Membership, and Inaugural Activities
Department of Defense-Minority Business Development Agency November 2024 Memorandum of Understanding
Tax-Exempt Organizations Under Internal Revenue Code Section 501(c): Political Activity Restrictions
ACA Connects v. Bonta: Ninth Circuit Upholds California’s Net Neutrality Law in Preemption Challenge
Congressional Court Watcher: Recent Appellate Decisions of Interest to Lawmakers (Sept. 20–26, 2021)
OSHA Jurisdiction Over Public Schools and Other State and Local Government Entities: COVID-19 Issues
What Is an Autodialer (Part II)? The Supreme Court (Mostly) Resolves a Robocall Enforcement Question
The Application of Internal Revenue Code Section 280E to Marijuana Businesses: Selected Legal Issues
The Community Development Block Grant’s Disaster Recovery (CDBG-DR) Component: Background and Issues
Resolving Subpoena Disputes Between the Branches: Potential Impacts of Restricting the Judicial Role
Congressional Subpoenas of Presidential Advisers: The Impact of Committee on the Judiciary v. McGahn
Is a TSA Screener a “Law Enforcement Officer”? Court Allows Lawsuit Against United States to Proceed
2018 Farm Bill (P.L. 115-334) Primer Series: A Guide to Omnibus Farm and Food Legislation
This report summarizes a series of In Focus products prepared by CRS on the enacted Agriculture Improvement Act of 2018 (2018 farm bill; P.L. 115-334). The President signed the 2018 farm bill into law in December 2018. To a large extent, the 2018 farm bill continues the general thrust of prior farm and food policy by reauthorizing many of the existing programs through 2023. In some cases, Congress modified existing programs, while also creating new programs and allowing certain other programs to expire.
The Congressional Arts Caucus and the Congressional Art Competition: History and Current Practice
Sponsored by the Congressional Arts Caucus, and known in recent years as “An Artistic Discovery,” the Congressional Art Competition is open to high school students nationwide. Begun in 1982, the competition, based in congressional districts, provides the opportunity for Members of Congress to encourage and recognize the artistic talents of their young constituents. Since its inception, more than 650,000 high school students nationwide have been involved in the program.
Each year, the art of one student per participating congressional district is selected to represent the district. The...
Frequently Asked Questions About Flag Law
The “flag code” is the federal law that sets forth guidelines for the appearance and display of the U.S. flag (“flag”) by private citizens. These guidelines specify times and conditions for display of the flag, manners and methods of display, and buildings where such display should occur. The guidelines for flag display vary based on the context and occasion, and there are detailed specifications for displaying flags at “half-staff.” The flag code also specifies how to deliver the Pledge of Allegiance to the flag and appropriate conduct while watching a performance of the National Anthem....
The Endangered Species Act and Climate Change: Selected Legal Issues
For more than a decade, federal agencies have grappled with how to address climate change effects when implementing the Endangered Species Act of 1973 (ESA). The ESA aims to protect threatened and endangered fish, wildlife, and plants from extinction. As set forth by Congress, one of the main purposes of the ESA is to “provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved.”
The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) have acknowledged that the changing...
Systemic Risk And The Long-Term Capital Management Rescue
In September 1998, the Federal Reserve Bank of New York coordinated a rescue of Long-Term Capital Management (LTCM), a hedge fund that was on the brink of failure. The survival of a hedge fund, a private investment partnership available only to wealthy individuals and institutions, is normally not a matter of public concern. This case was different: LTCM had used such extensive leverage —it had augmented the size of its investments by borrowing and through use of derivative financial instruments — that its failure seemed to carry a “systemic” risk to financial markets in general and to the...
Federal Indian Law: Judicial Developments in the October 2018 Supreme Court Term
Each term, the Supreme Court typically hears arguments in one or more cases concerning the rights and status of Indian tribes and their members. Prominent issues addressed by the Supreme Court in recent terms have included (1) tribes’ civil jurisdiction over nonmembers, (2) the scope of tribal sovereign immunity, and (3) termination of Indian parents’ rights in adoption cases.
The October 2018 term likewise featured several Indian law issues: the Court heard arguments in three significant cases, each of which implicated the complex relationships among tribal, state, and federal laws. In...
Federal Disaster Assistance Response and Recovery Programs: Brief Summaries
This report is designed to assist Members of Congress and their staff as they address the needs of their states, communities, and constituents after a disaster. It includes a summary of federal programs that provide federal disaster assistance to individual survivors, states, territories, local governments, and nongovernmental entities following a natural or man-made disaster. A number of federal agencies provide financial assistance through grants, loans, and loan guarantees to assist in the provision of critical services, such as temporary housing, counseling, and infrastructure...
As overall student loan indebtedness in the United States has increased over the years, many borrowers have found themselves unable to repay their student loans. Ordinarily, declaring bankruptcy is a means by which a debtor may discharge—that is, obtain relief from—debts he is unable to repay. However, Congress, based upon its determination that allowing debtors to freely discharge student loans in bankruptcy could threaten the student loan program, has limited the circumstances in which a debtor may discharge a student loan. Under current law, a debtor may not discharge a student loan...
The September 11th Victim Compensation Fund (VCF): Background and Potential Reauthorization
The September 11th Victim Compensation Fund (VCF) provides cash benefits to certain persons whose health may have been affected by exposure to debris or toxic substances in the aftermath of the September 11, 2001, terrorist attacks on the Pentagon and the World Trade Center, and the terrorist-related aircraft crash at Shanksville, PA. Congress created the original VCF shortly after the 2001 terrorist attacks to provide compensation to persons injured and to the families of persons killed in the attacks and their immediate aftermath. In 2011, Congress reopened the VCF to provide benefits to...
Cyprus: Reunification Proving Elusive
Four months into 2019, unification talks intended to end the division of Cyprus after 55 years as a politically separated nation and 45 years as a physically divided country have remained suspended since July 2017. Attempts by the United Nations to find common ground between the two Cypriot communities to resume the negotiations have not been successful. The talks have fallen victim to the realities of five decades of separation and both sides’ inability to make the necessary concessions to reach a final settlement. As a result, the long-sought bizonal, bicommunal, federal solution for the...
Civil Rights at School: Agency Enforcement of Title VI of the Civil Rights Act of 1964
Title VI of the Civil Rights Act of 1964 prohibits federally funded programs, activities, and institutions from discriminating based on race, color, or national origin. In its current form, largely unchanged since its adoption, Title VI incorporates a number of unique features. Besides barring federally funded programs from discriminating based on race, Title VI also authorizes and directs all federal funding agencies to promulgate rules effectuating that nondiscrimination mandate. Those rules were also made subject to presidential approval, an authority since delegated to the Attorney...
Categories of Federal Civil Service Employment: A Snapshot
According to the Office of Personnel Management (OPM), the federal workforce consists of an estimated two million civilian employees. Federal law categorizes these employees into three types of service—the competitive service, the excepted service, and the Senior Executive Service (SES)—that may be distinguished by different selection, compensation, and other standards. Title 5 of the U.S. Code (Title 5) contains most of the standards governing federal employment, and OPM is generally responsible for implementing these requirements.
The competitive service largely consists of all civil...
Legislative Support Resources: Offices and Websites for Congressional Staff
This report provides a brief list of key House, Senate, legislative support agencies, and executive branch offices, as well as links to online resources of use to new congressional staff who work with legislative procedures and conduct legislative research. Some of the websites listed are available only to congressional offices; other sites are restricted by chamber and are only available to those staff working in either House or Senate offices. This report is intended for congressional use only and will be updated annually.
Financing Airport Improvements
There are five major sources of airport capital development funding: the federal Airport Improvement Program (AIP); local passenger facility charges (PFCs) imposed pursuant to federal law; tax-exempt bonds; state and local grants; and airport operating revenue from tenant lease and other revenue-generating activities such as landing fees. Federal involvement is most consequential in AIP, PFCs, and tax-exempt financing.
The AIP has been providing federal grants for airport development and planning since the passage of the Airport and Airway Improvement Act of 1982 (P.L. 97-248). AIP funding...
Farm Bill Primer Series: A Guide to Agriculture and Food Programs in the 2014 Farm Bill
This report constitutes a guide to a series of two-page reports that examine the various programs and policies that comprise periodic omnibus legislation on farm and food policy, commonly known as “the 2014 farm bill.” The Agriculture Act of 2014 (P.L. 113-79), or 2014 farm bill, was signed into law in February 2014. Many of the programs authorized by the 2014 farm bill expired in 2018, but most were subsequently reauthorized for five years and in many cases revised or otherwise amended by the Agricultural Improvement Act of 2018 (P.L. 115-334), the 2018 farm bill, which was signed into...
The Opioid Epidemic and the Food and Drug Administration: Legal Authorities and Recent Agency Action
According to the Centers for Disease Control and Prevention (CDC), the annual number of drug overdose deaths in the United States involving opioids has more than quadrupled since 1999. CDC estimates that in 2016, more than 63,000 people died from a drug overdose, and approximately 42,000 of these deaths involved an opioid. In combating the opioid epidemic, one central challenge for state and federal regulators is striking a balance between taking aggressive action to fight opioid misuse and addiction, while simultaneously protecting access to medication for patients who experience severe...
Membership of the 115th Congress: A Profile
This report presents a profile of the membership of the 115th Congress (2017-2018) as of December 20, 2018. 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.
In the House of Representatives, there are 238 Republicans (including 1 Delegate and the Resident Commissioner of Puerto Rico), 201 Democrats (including 4 Delegates), and 5 vacant seats. The Senate has 51 Republicans, 47...
Cybersecurity: Data, Statistics, and Glossaries
This report describes data and statistics from government, industry, and information technology (IT) security firms regarding the current state of cybersecurity threats in the United States and internationally. These include incident estimates, costs, and annual reports on data security breaches, identity thefts, cybercrimes, malware, and network securities.
Much is written on this topic, and this CRS report directs the reader to authoritative sources that address many of the most prominent issues. The annotated descriptions of these sources are listed in reverse chronological order, with...
The Posse Comitatus Act and Related Matters: A Sketch
The Posse Comitatus Act states that “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.” 18 U.S.C. § 1385. It reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however, has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in...
Social Media Adoption by Members of Congress: Trends and Congressional Considerations
Communication between Members of Congress and their constituents has changed with the development of online social networking services. Many Members now use email, official websites, blogs, YouTube channels, Twitter, Facebook, and other social media platforms to communicate—technologies that were nonexistent or not widely available just a few decades ago.
Social networking services have arguably enhanced the ability of Members of Congress to fulfill their representational duties by providing them with greater opportunities to share information and potentially to gauge constituent...
Columbus Day is a federal holiday commemorating Christopher Columbus’s historic voyage landing in the Americas on October 12, 1492. It has also become a time to honor Italian American heritage.
This guide is designed to assist congressional offices with work related to Columbus Day celebrations. It contains biographical information on Christopher Columbus and background on the holiday. It provides links to sample speeches marking the observance of Columbus Day from the Congressional Record and to official proclamations issued by the White House. It also contains links to selected...
The Work Opportunity Tax Credit
The Work Opportunity Tax Credit (WOTC) is a provision of the Internal Revenue Code that allows employers that hire individuals with certain personal characteristics to claim a tax credit equal to a portion of the wages paid to those individuals. WOTC-eligible populations include recipients of certain public benefits (such as the Supplemental Nutrition Assistance Program or Temporary Assistance to Needy Families), qualified veterans, ex-felons, and other specified populations. In 2015, the WOTC was extended through 2019 as part of the Protecting Americans from Tax Hikes Act of 2015...
Securities Regulation and Initial Coin Offerings: A Legal Primer
Initial coin offerings (ICOs)—a method of raising capital in exchange for digital coins or tokens that entitle their holders to certain rights—are a hot topic among legislators, regulators, and financial market professionals. In response to a surge in the popularity of ICOs over the past 18 months, regulators in a number of countries have banned ICOs. Other foreign regulators have cautioned that unregistered ICOs may violate their securities laws, issued guidance clarifying the application of their securities laws to ICOs, or proposed new rules or legislation directed at regulating ICOs....
National Flood Insurance Program: Selected Issues and Legislation in the 115th Congress
The National Flood Insurance Program (NFIP) was established by the National Flood Insurance Act of 1968 (NFIA, 42 U.S.C. §4001 et seq.), and was most recently reauthorized until November 30, 2018 (P.L. 115-225). The general purpose of the NFIP is both to offer primary flood insurance to properties with significant flood risk, and to reduce flood risk through the adoption of floodplain management standards. A longer-term objective of the NFIP is to reduce federal expenditure on disaster assistance after floods. The NFIP also engages in many “non-insurance” activities in the public interest:...
Financial Aid for Students: Online Resources
Congressional offices are frequently contacted by constituents who are researching how to pay for postsecondary education. This report identifies various online sources targeted to students and parents that provide information on planning and acquiring funds for postsecondary education. Some resources also contain information on repaying, forgiving, or discharging educational debt.
Students are often in the best position to determine which aid programs they may qualify for and which best meet their needs. Many of the websites listed in this report enable a student to conduct and save...
Following the Money: Should Federal Law Require Litigants to Disclose Litigation Funding Agreements?
Regulatory Reform 10 Years After the Financial Crisis: Dodd-Frank and Securities Law
From 2007-2009, the United States experienced what many commentators believe was the worst economic crisis since the Great Depression. In the wake of the crisis, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) in 2010. Title IX of Dodd-Frank, entitled “Investor Protections and Improvements to the Regulation of Securities,” focuses on the powers and authorities of the Securities and Exchange Commission (SEC) and authorizes the SEC to promulgate certain rules intended to enhance corporate accountability and corporate governance. This report...
Sexual Harassment and Title VII: Selected Legal Issues
Title VII of the Civil Rights Act of 1964 (Title VII) generally prohibits discrimination in the workplace, but does not contain an express prohibition against harassment. The Supreme Court, however, has interpreted the statute to prohibit certain forms of harassment, including sexual harassment. Since first recognizing the viability of a Title VII harassment claim in a unanimous 1986 decision, the Court has also established legal standards for determining when offensive conduct amounts to a Title VII violation and when employers may be held liable for such actionable harassment, and...
UPDATED: The Latest on the SEC’s Consideration of the Proposed Acquisition of Chicago Stock Exchange
U.S. Manufacturing in International Perspective
The health of the U.S. manufacturing sector has long been of great concern to Congress. The decline in manufacturing employment since the start of the 21st century has stimulated particular congressional interest, leading Members to introduce hundreds of bills over many sessions of Congress intended to support domestic manufacturing activity in various ways. The proponents of such measures frequently contend that the United States is by various measures falling behind other countries in manufacturing, and they argue that this relative decline can be mitigated or reversed by government...
FEMA Individual Assistance Programs: In Brief
When the President declares a major disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288), the Federal Emergency Management Agency (FEMA) advises the President about types of federal assistance administered by FEMA available to disaster victims, states, localities, and tribes. The primary types of assistance provided under a major disaster declaration include funding through the Public Assistance program, Mitigation Assistance programs, and the Individual Assistance program.
The Public Assistance program provides federal financial...
EPA’s Methane Regulations: Legal Overview
On March 28, 2017, President Trump signed Executive Order 13783, directing federal agencies to review existing regulations and policies that potentially burden the development or use of domestically produced energy resources. Acting pursuant to the order, the U.S. Environmental Protection Agency (EPA) is reviewing and reconsidering several regulations issued during the Obama Administration that address methane emissions from various industrial sectors. Methane is a short-lived greenhouse gas (GHG) with a Global Warming Potential of more than 25 times carbon dioxide that is emitted from...
21st Century Flood Reform Act (H.R. 2874): Reforming the National Flood Insurance Program
The National Flood Insurance Program (NFIP) was established by the National Flood Insurance Act of 1968 (NFIA, 42 U.S.C. §4001 et seq.), and was reauthorized until February 8, 2018 (H.R. 195). Unless reauthorized or amended by Congress, the following will occur after February 8, 2018: (1) the authority to provide new flood insurance contracts will expire; and (2) the authority for the NFIP to borrow funds from the Treasury will be reduced from $30.425 billion to $1 billion.
The House passed H.R. 2874, the 21st Century Flood Reform Act, on November 14, 2017, with a vote of 237-189. H.R....
On March 25, 2016, the Occupational Safety and Health Administration (OSHA) of the Department of Labor (DOL) published new standards regulating exposure to crystalline silica in the workplace. Under the new standards, the Permissible Exposure Limit (PEL) for crystalline silica is to be reduced to 50 µg/m3 (micrograms per cubic meter of air). Employers are to be required to monitor crystalline silica exposure if workplace levels may exceed 25 µg/m3 for at least 30 days in a year and provide medical monitoring to employees in those workplaces. In the case of construction workers, medical...
Cybersecurity: Education, Training, and R&D Authoritative Reports and Resources
Much is written on the topics of current gaps in the education and training of a cybersecurity workforce and the need for technology research and development (R&D) to solve cybersecurity technical issues. This CRS report directs the reader to authoritative sources that address these issues. The annotated descriptions of these sources are listed in reverse chronological order, with an emphasis on material published in the past several years. This report also includes resources and studies from government agencies (federal, state, local, and international), think tanks, academic...
Pre-Merger Review and Challenges Under the Clayton Act and the Federal Trade Commission Act
Preserving competition is an overarching purpose of federal laws governing business mergers. Though other federal laws, including the Sherman Act, seek to address anticompetitive behavior relating to monopolization, two federal statutes, in particular, address harms that may result from proposed mergers. Section 7 of the Clayton Act prohibits mergers “in any line of commerce or in any activity affecting commerce” that may substantially lessen competition or tend to create a monopoly. Section 5 of the Federal Trade Commission Act (FTC Act) prohibits unfair methods of competition, which...
Mandatory Arbitration and the Federal Arbitration Act
Arbitration is a method of legal dispute resolution in which a neutral, private third party, rather than a judge or jury, renders a decision on a particular matter. Under a growing number of consumer and employment agreements, companies have come to require arbitration to resolve disputes. While arbitration is often viewed as an expeditious and economical alternative to litigation, consumer advocates and others contend that mandatory arbitration agreements create one-sided arrangements that deny consumers and employees advantages afforded by a judicial proceeding.
The Federal Arbitration...
House Rules Manual: Summary of Contents
The House Rules and Manual, officially titled Constitution, Jefferson’s Manual and Rules of the House of Representatives, contains the fundamental source material describing procedures in the House of Representatives. The Manual includes the Constitution of the United States, selected provisions of Jefferson’s Manual, rules of the House, provisions of law and resolutions enacted or adopted under the rule-making authority of the House, and pertinent decisions of the Speaker and chairmen of the Committee of the Whole interpreting the rules and procedural authority used in the House, often...
House Standing Committee Chairs and Ranking Minority Members: Rules Governing Selection Procedures
House rules, Republican Conference rules, and Democratic Caucus rules each detail aspects of the procedures followed in selecting standing committee chairs and ranking minority members. The Republican Steering Committee and the Democratic Steering and Policy Committee are constituted during the early organization meetings traditionally held in November and December to determine most committee chairs and ranking minority members and to make committee assignments for most committees. Their recommendations are then forwarded to the full Republican Conference and Democratic Caucus for...
Following a major disaster declaration, the Federal Emergency Management Agency (FEMA) may provide three principal forms of assistance. These include Public Assistance, which addresses repairs to a community and states’ or tribe’s infrastructure; Mitigation Assistance which provides funding for projects a state or tribe submits to reduce the threat of future damage; and Individual Assistance (IA) which provides help to individuals and families.
IA can include several programs, depending on whether the governor of the affected state or the tribal leader has requested that specific help....
U.S. Circuit and District Court Judges: Profile of Select Characteristics
This report addresses ongoing congressional interest in the demographic characteristics and professional experiences of those individuals nominated and appointed to fill lower federal court judgeships. It focuses on demographic and other background characteristics of active U.S. circuit and district court judges who are currently serving on the federal bench.
Unless otherwise noted, the statistics provided in the report do not reflect all of a particular President’s circuit or district court appointments during his time in office—but only active judges appointed by that President. A judge...
Remedies for Patent Infringement
For more than a decade, some Members of Congress have considered bills that have proposed reforms to the law of patent remedies. Under current law, courts may award damages to compensate patent proprietors for an act of infringement. Damages consist of the patent owner’s lost profits due to the infringement, if they can be proven. Otherwise the adjudicated infringer must pay a reasonable royalty. Courts may also award enhanced damages of up to three times the actual damages in exceptional cases. In addition, courts may issue an injunction that prevents the adjudicated infringer from...
Judicial Review of Medicaid Work Requirements Under Section 1115 Demonstrations
Proposals have been introduced in the 115th Congress to reform the Medicaid program, which provides medical assistance to low-income and needy individuals. One such approach, taken by House-passed H.R. 1628, the American Health Care Act of 2017, would allow states to impose work requirements on certain categories of individuals as a condition of coverage under the Medicaid program. A similar approach is also taken in the discussion draft of the Better Care Reconciliation Act, a proposed amendment in the nature of a substitute to H.R. 1628, which was published by the Senate Budget Committee...
Generic Drugs and GDUFA Reauthorization: In Brief
A generic drug is a lower-cost copy of a brand-name chemical drug. Marketing of the generic drug becomes possible only when the brand-name—also called innovator—drug is no longer protected from market competition by patent and other protections, called regulatory exclusivity.
Prior to marketing, the sponsor of a brand-name drug must submit to the Food and Drug Administration (FDA) clinical data in a new drug application (NDA) to support the claim that the drug is safe and effective for its intended use. The FDA uses the information in the NDA as a basis for approving or denying the...
Finding Quotes for Speeches: Fact Sheet
A well-chosen quote can strengthen a speech by emphasizing and reinforcing a point, tapping into the audience’s memories and associations, and bolstering the speaker’s credibility. The right quote can capture the listener’s attention, add poignancy, and infuse drama or poetic flair.
The following resources will help the user find quotes for speeches and other communications. The resources are divided into three categories: General Quotations, Americana, and Religion. There is some overlap among the categories.
Congressional staffers who need assistance finding or verifying a quote, or who...
OSHA State Plans: In Brief, with Examples from California and Arizona
The Occupational Safety and Health Act of 1970 (OSH Act) authorizes states to establish their own occupational safety and health plans and preempt standards established and enforced by the Occupational Safety and Health Administration (OSHA). OSHA must approve state plans if they are “at least as effective” as OSHA’s standards and enforcement. Currently, 21 states and Puerto Rico have state plans that cover all employers and 5 states and the U.S. Virgin Islands have state plans that cover only state and local government employers, who are not covered by the OSH Act. OSHA estimates that 40%...
National Health Service Corps: Background, Funding, and Programs
The National Health Service Corps (NHSC) is a pipeline for clinician recruitment and training. Its program objective is to increase the availability of primary care services to populations in Health Professional Shortage Areas (HPSAs). It aims to increase clinician availability by making loan repayments and awarding scholarships to individuals in exchange for their agreement to serve as NHSC clinicians (or providers) at approved sites. NHSC providers are mainly physicians, physician assistants, nurse practitioners, and behavioral/mental health professionals who must serve for a minimum of...
Federal Securities Law: Insider Trading
Insider trading in securities may occur when a person in possession of material nonpublic information about a company trades in the company’s securities and makes a profit or avoids a loss. Certain federal statutes have provisions that have been used to prosecute insider trading violations. For example, Section 16 of the Securities Exchange Act of 1934 requires the disgorgement of short-swing profits by named insiders—directors, officers, and 10% shareholders. The 1934 Act’s general antifraud provision, Section 10(b), is frequently used in the prosecution of insider traders. Although the...
Title VII of the Civil Service Reform Act of 1978, commonly referred to as the “Federal Service Labor-Management Relations Statute” (FSLMRS), recognizes the right of most federal employees to engage in collective bargaining with respect to their conditions of employment. In 2016, 27.4% of all federal employees were members of a union. While the union membership rate for federal workers has declined slightly over the past ten years, it continues to exceed the union membership rate of 6.4% for private-sector employees.
Under the FSLMRS, a labor organization becomes the exclusive...
Sanctuary Jurisdictions and Select Federal Grant Funding Issues: In Brief
On January 25, 2017, President Donald J. Trump issued Executive Order (EO) 13768, “Enhancing Public Safety in the Interior of the United States.” Among other things, the EO raises questions regarding whether, and to what extent, federal agencies will withhold federal grant funds that would have otherwise been awarded to a designated “sanctuary jurisdiction.” Under the EO, the Secretary of Homeland Security (Secretary) is directed to designate a jurisdiction as a sanctuary jurisdiction at his discretion, and to the extent consistent with law, for those jurisdictions found to have willfully...
News and Transcript Resources: Fact Sheet
Searching for news items can sometimes be challenging. Despite the apparent ease of free online resources like Google News, there is a significant amount of news coverage (especially older or fee-based content) that is not freely available online, and which may be difficult to find. Although dozens of databases exist that contain news articles and transcripts, their content is often available only with a paid subscription, and they may be overwhelming to navigate if the user is not familiar with them. In addition, access to subscription news databases in congressional offices varies,...
Special Order Speeches: Current House Practices
Special order speeches (commonly called “special orders”) usually take place at the end of the day after the House has completed all legislative business. During the special order period, individual Representatives deliver speeches on topics of their choice for up to 60 minutes. Special orders provide one of the few opportunities for non-legislative debate in the House. They also give Members a chance to speak outside the time restrictions that govern legislative debate in the House and the Committee of the Whole.
The rules of the House do not provide for special order speeches. Instead,...
Veterans’ Benefits: Eligibility of Merchant Mariners
Although merchant mariners have supported the Armed Forces in every war fought by the United States, they generally are not considered veterans for the purpose of eligibility for federal benefits. Pursuant to legislation enacted in 1977 (P.L. 95-202) and 1988 (P.L. 105-368) and to decisions made by the Secretary of the Air Force in 1985 and 1988, the following groups of World War II-era merchant mariners are the only merchant mariners eligible for veterans’ benefits.
Eligible for all veterans’ benefits:
United States merchant seamen who served on blockships in support of Operation...
Legislative Planning: Considerations for Congressional Staff
The Congressional Research Service frequently receives inquiries about legislative planning. Legislative and office action plans are often used by congressional offices for almost every significant project, from organizing an extensive conference in the district or state to introducing and guiding legislation. A major action plan requires a firm understanding of the project’s goal, a research strategy, and a time line for completing the project.
This report presents some of the factors usually considered in preparing an action plan. The information is provided in three sections. The first...
One-Minute Speeches: Current House Practices
Recognition for one-minute speeches (commonly called “one minutes”) in the House of Representatives is the prerogative of the Speaker. A period for one minutes usually takes place at the beginning of the legislative day after the daily prayer, the Pledge of Allegiance, and approval of the previous day’s Journal. During this time, Representatives ask unanimous consent to address the House for one minute on a topic of their choice. In addition, one-minute speeches are often permitted after legislative business ends, but before special order speeches begin.
The rules of the House do not...
Health Benefits for Members of Congress and Designated Congressional Staff: In Brief
Many private- and public-sector firms offer employer-sponsored health insurance to their employees and contribute toward the cost of that insurance as part of the employee’s compensation package. The federal government, as an employer, also offers health benefits to its employees and retirees. In general, federal employees receive health benefits through the Federal Employees Health Benefits (FEHB) Program, administered by the Office of Personnel Management (OPM). However, Members of Congress and designated congressional staff receive employer-sponsored insurance (ESI) through the District...
Special Minimum Wages for Workers with Disabilities: Frequently Asked Questions
The Fair Labor Standards Act (FLSA), as amended, sets the minimum wage for covered workers at $7.25 per hour. Section 14(c) of the FLSA permits certified employers to pay a worker with a disability that impairs the worker’s productive capacity a special minimum wage (SMW). The SMW may be below the federal minimum wage but must be commensurate with the worker’s productivity and the job’s prevailing wage. This short report answers common questions related to SMWs. It covers federal legislation that authorizes SMWs; how individuals qualify for SMWs; how employers are certified to pay SMWs and...
Membership of the 114th Congress: A Profile
This report presents a profile of the membership of the 114th Congress (2015-2016). 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.
As of December 5, 2016, in the House of Representatives, there are 248 Republicans (including 1 Delegate), 192 Democrats (including 4 Delegates and the Resident Commissioner of Puerto Rico), and one vacancy. The Senate has 54 Republicans, 44...
Congress’s Early Organization Meetings
Since the mid-1970s, the House and Senate have convened early organization meetings in November or December of even-numbered years to prepare for the start of the new Congress in January.
The purposes of these meetings are both educational and organizational. Educational sessions range from legislative procedures and staff hiring to current issues. Organizational sessions elect class officers, party leaders, and chamber officers; name committee representatives and other party officials; and select committee chairmen and often committee members. Such actions are officially ratified at the...
Legal Processes for Contesting the Results of a Presidential Election
Questions occasionally surface regarding potential voting fraud or election irregularities in presidential elections. (See, for example, Sean Sullivan and Philip Rucker, “Trump’s Claim of Rigged’ Vote Stirs Fears of Trouble,” Washington Post, October 18, 2016, p. A1; Edward-Isaac Dovere, “Fears Mount on Trump’s Rigged Election’ Rhetoric,” Politico, October 16, 2016; Daniel Kurtzleben, “5 Reasons (And Then Some) Not to Worry About A Rigged’ Election,” NPR, October 18, 2016). If legitimate and verifiable allegations of voting fraud, or indications of misconduct by election officials on...
Social Media in the House of Representatives: Frequently Asked Questions
Recently, the number of Member offices adopting social media as an official communications tool has increased. With the increased use of social media accounts for official representational duties, the House has adopted policies and regulations regarding the creation, content, and use of third-party social media services. This report answers several questions about the regulation of social media accounts in the House of Representatives. How does the House define social media? How are social media accounts regulated in the House? What makes a social media account an official resource? Can...
Veterans’ Benefits: The Department of Veterans Affairs and the Duty to Assist Claimants
The Department of Veterans Affairs (VA) provides an array of benefits to veterans and to certain members of their families. These benefits include disability compensation and pensions, education benefits, survivor benefits, medical treatment, life insurance, vocational rehabilitation, and burial and memorial benefits. In order to apply for these benefits, in most circumstances, the claimant will send an application to his or her local VA Regional Office or apply online. Once a veteran has filed an application for benefits with the VA, the agency has a unique obligation to the claimant when...
Overview of the Appeal Process for Veterans’ Claims
Congress, through the U.S. Department of Veterans Affairs (VA), provides a variety of benefits and services to veterans and to certain members of their families. These benefits include disability compensation and pensions, education benefits, survivor benefits, medical treatment, life insurance, vocational rehabilitation, and burial and memorial benefits. In order to receive these benefits, a veteran (or an eligible family member) must apply for them by submitting the necessary information to a local VA office. The local VA office will make an initial determination on the application for...
House of Representatives v. Burwell and Congressional Standing to Sue
On November 21, 2014, the House of Representatives filed a lawsuit against the Departments of Health and Human Services and the Treasury, pursuant to H.Res. 676. House of Representatives v. Burwell included two claims regarding the implementation of the Patient Protection and Affordable Care Act (ACA). In September 2015, the U.S. District Court for the District of Columbia Circuit issued an opinion addressing the preliminary jurisdictional and justiciability questions at issue in the case. In May 2016, the district court issued its decision on the merits, in which the House prevailed as to...
With the Rules Enabling Act, Congress granted to the Supreme Court the authority to write federal rules of procedure, including the rules of criminal procedure. After several years of evaluation by the Judicial Conference, the policy-making arm of the federal judiciary, on April 28, 2016, the Supreme Court transmitted to Congress proposed changes to Rule 41 of the Federal Rules of Criminal Procedure. These proposed changes would amend the federal search and seizure rules in two ways. First, they would permit the government to remotely access electronic devices although the location of the...
Corporate Inversions: Frequently Asked Legal Questions
In general, corporate inversions are transactions in which a U.S. corporation “inverts” its ownership structure so that it now has a foreign parent. There are various ways in which this can be achieved. Corporate inversions have been controversial because it appears, in at least some cases, the primary motivation is the reduction of U.S. income tax liability.
In 2004, Congress added Section 7874 to the Internal Revenue Code (IRC), which significantly limits the tax benefits associated with corporate inversions. While Section 7874 appeared to slow the rate of inversions in the years...
This report examines the two patent law cases decided by the U.S. Supreme Court in its October 2015 Term. The first patent case, decided on June 13, 2016, Halo Electronics, Inc. v. Pulse Electronics, Inc., concerns the circumstances in which the awarding of enhanced damages in a patent infringement case are warranted and the discretion of the district courts to award them. Section 284 of the Patent Act provides that the court may increase damages up to three times the amount found by a jury or assessed by the court, but does not provide any guidance to the court, or any express limits or...
FATCA Reporting on U.S. Accounts: Recent Legal Developments
Enacted in 2010, the Foreign Account Tax Compliance Act (FATCA) is intended to curb U.S. tax evasion occurring through the use of offshore accounts. Key among its provisions is the requirement that foreign financial institutions (FFIs), such as foreign banks and hedge funds, report information on their U.S. account holders to the Internal Revenue Service (IRS). FFIs that fail to comply will have tax withheld at a rate of 30% on many payments made to them from U.S. sources, including interest and dividends.
Since FATCA’s passage, there has been international criticism of the FFI provisions,...
In Carcieri v. Salazar, 555 U.S. 379 (2009), the U.S. Supreme Court ruled that a 1934 statute provides no authority for the Secretary of the Interior (SOI) to take land into trust for the Narragansett Indian Tribe (Tribe) because the statute applies only to tribes under federal jurisdiction when that law was enacted. The reach of the decision may be broad because it relies on the major statute under which the SOI acquires land in trust for the benefit of Indians. It affects the SOI’s authority to take land into trust for any recently recognized tribe unless the trust acquisition has been...
Airline Passenger Rights: The Federal Role in Aviation Consumer Protection
The 1978 deregulation of the airline industry in the United States eliminated federal control over many airline business practices, including pricing and domestic route selection. However, the federal government continues to legislate and enforce certain consumer protections for airline passengers. Congress largely determines the degree to which the rights of airline passengers are codified in law or developed through regulatory rulemaking.
The House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation are the primary...
Cybersecurity Issues and Challenges: In Brief
The information and communications technology (ICT) industry has evolved greatly over the last half century. The technology is ubiquitous and increasingly integral to almost every facet of modern society. ICT devices and components are generally interdependent, and disruption of one may affect many others. Over the past several years, experts and policymakers have expressed increasing concerns about protecting ICT systems from cyberattacks, which many experts expect to increase in frequency and severity over the next several years.
The act of protecting ICT systems and their contents has...
Modern consumer electronic devices and products often contain software programs that facilitate their operations or provide automation, Wi-Fi and smartphone connectivity, remote control, and other sophisticated functions. Equipment manufacturers have integrated software in televisions, refrigerators, thermostats, coffee makers, garage door openers, automobiles, vacuums, printers, and medical devices. When consumers buy these “software-enabled” products from retailers, they acquire ownership of the physical hardware, but may only receive a limited license (a form of legal permission) to use...
The President’s Pardon Power and Legal Effects on Collateral Consequences
Article II of the U.S. Constitution vests the President with the power “to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” The President’s pardon power, which derives from English custom, is an extraordinary remedy that is sought by many but received by few. The President may use his clemency authority only for criminal penalties, not civil. Moreover, he may use his clemency authority to pardon federal offenses but not state offenses.
Typically, individuals receive either a pardon or a commutation of sentence, each of which is a type of...
What Does the Supreme Court's 4-4 Split in Texas Mean for Future Executive Action as to Immigration?
Health Care Fraud and Abuse Laws Affecting Medicare and Medicaid: An Overview
A number of federal statutes aim to combat fraud and abuse in federally funded health care programs such as Medicare and Medicaid. Using these statutes, the federal government has been able to recover billions of dollars lost due to fraudulent activities. This report provides an overview of some of the more commonly used federal statutes used to fight health care fraud and abuse.
Title XI of the Social Security Act contains Medicare and Medicaid program-related anti-fraud provisions, which impose civil penalties, criminal penalties, and exclusions from federal health care programs on...
Campaign Contributions and the Ethics of Elected Officials: Regulation Under Federal Law
Allegations of political corruption often involve questions regarding a public official or candidate’s use of campaign funds or the relationship between campaign contributors and the candidate or official. A common concern is that a particular individual, private organization, company, or other entity “bought”—through large campaign contributions widely distributed—particular official favors, official acts, or official forbearance from officers or employees of the federal government. These issues have been highlighted in several high-profile cases over recent years. In 2016, the Supreme...
The Fair Labor Standards Act (FLSA) Child Labor Provisions
The Fair Labor Standards Act (FLSA) of 1938 prohibits the employment of “oppressive child labor” in the United States, which the act defines—with some exceptions—as the employment of youth under the age of 16 in any occupation or the employment of youth under 18 years old in hazardous occupations. The act includes several exemptions, however, that create a complex set of thresholds that depend on the child’s age, local school hours, the nature of the work (e.g., occupation, industry, and work environment), parental involvement in the child’s employment, and other factors. Notably,...
Expulsion, Censure, Reprimand, and Fine: Legislative Discipline in the House of Representatives
The House of Representatives—in the same manner as the United States Senate—is expressly authorized within the United States Constitution (Article I, Section 5, clause 2) to discipline or “punish” its own Members. This authority of the House to discipline a Member for “disorderly Behaviour” is in addition to any criminal or civil liability that a Member of the House may incur for particular misconduct, and is used not merely to punish an individual Member, but to protect the institutional integrity of the House of Representatives, its proceedings, and its reputation.
The House may...
In the spring of 2016, the U.S. Supreme Court considered a set of challenges alleging that the contraceptive coverage regulations under the Affordable Care Act (ACA) violate the federal Religious Freedom Restoration Act (RFRA). Following oral arguments in which the eight sitting Justices appeared to be evenly divided, the Court unanimously declined to declare an answer in the set of seven consolidated cases, each brought by nonprofit religious entities with objections to the provision and use of contraceptives as well as to the process by which their objections may be accommodated under...
Social Media in Congress: The Impact of Electronic Media on Member Communications
The mediums through which Members and constituents communicate have changed significantly over American history and continue to evolve today. Whereas most communications traditionally occurred through the media, via postal mail, or over a telephone, the adoption and use of electronic communications via email and social media technologies (e.g., Twitter, Facebook, YouTube, and other sites) changes how Representatives and Senators disseminate and gather information, who they communicate with, and what types of information they share and receive from the general public, many not residing in...
Who Is a “Veteran”?—Basic Eligibility for Veterans’ Benefits
The U.S. Department of Veterans Affairs (VA) offers a broad range of benefits to U.S. Armed Forces veterans and certain members of their families. Among these benefits are various types of financial assistance, including monthly cash payments to disabled veterans, health care, education, and housing. Basic criteria must be met to be eligible to receive any of the benefits administered by the VA.
This report examines the basic eligibility criteria for VA administered veterans’ benefits, including the issue of eligibility of members of the National Guard and reserve components.
For a former...
Pay Equity: Legislative and Legal Developments
According to some federal data, on average, full-time female workers earn approximately 20% less than full-time male workers. At least a portion of this gap is due to observable factors such as hours worked and the concentration of female workers in lower-paid occupations. Some interpret these data as evidence that discrimination, if present at all, is a minor factor in the pay differentials and conclude that no policy changes are necessary. Conversely, advocates for further policy interventions note that some of the explanatory factors of the pay gap (such as occupation and hours worked)...
Franking Privilege: Historical Development and Options for Change
The franking privilege, which allows Members of Congress to transmit mail matter under their signature without postage, has existed in the United States since colonial times. During the 18th and 19th centuries, the franking privilege served a fundamental democratic role, allowing Members of Congress to convey information to their constituents about the operations of government and policy matters before Congress. Conversely, it also provided a mechanism for citizens to communicate their feelings and concerns to Members (prior to 1873, Members could both send and receive mail under the...
Franking Privilege: Mass Mailings and Mass Communications in the House, 1997-2015
Despite significant reductions in congressional mail postage costs over the past 25 years, critics continue to raise concerns about the franking privilege. While proponents of the franking privilege argue that the frank allows Members to fulfill their representational duties by providing for greater communication between the Member and individual constituents, critics argue that it is both financially wasteful and gives an unfair advantage to incumbents in congressional elections. In particular, mass mailings have come under increased scrutiny as critics argue that the vast majority of...
Congressional Official Mail Costs
The congressional franking privilege allows Members of Congress to send official mail via the U.S. Postal Service at government expense. This report provides information and analysis on the costs of franked mail in the House of Representatives and Senate.
In FY2015, total expenditures on official mail were $8.3 million. House official mail costs ($6.8 million) were 82% of the total, whereas Senate official mail costs ($1.5 million) were 18% of the total. In FY2014, total expenditures on official mail were $16.9 million. House official mail costs ($15.1 million) were 89% of the total,...
General Policy Statements: Legal Overview
Agencies frequently use guidance documents to set regulatory policy. While “legislative rules” carry the force of law and are required to undergo the notice and comment procedures of the Administrative Procedure Act (APA), guidance documents are exempt from these constraints and can be issued more swiftly than legislative rules. The issuance of such guidance documents, however, has not escaped criticism. Some have argued that agencies use guidance documents to effectively change the law or expand the scope of their delegated regulatory authorities. This report focuses on agency use and...
Hatch Act Restrictions on Federal Employees’ Political Activities in the Digital Age
Federal officers and employees historically have been subject to certain limitations when engaging in partisan political activities. Although they have always retained their right to vote and privately express political opinions, for most of the last century, they were prohibited from being actively involved in political management or political campaigns. At the beginning of the 20th century, civil service rules imposed a general ban on voluntary, off-duty participation in partisan politics by merit system employees. The ban prohibited employees from using their “official authority or...
After the attacks of September 11, 2001, President George W. Bush authorized the National Security Agency to conduct a Terrorist Surveillance Program (TSP) to “intercept international communications into and out of the United States” by “persons linked to al Qaeda or related terrorist organizations.” After the TSP activities were concluded in 2007, Congress enacted the Protect America Act (PAA, P.L. 110-55), which established a mechanism for the acquisition, via a joint certification by the Director of National Intelligence (DNI) and the Attorney General (AG), but without an individualized...
Net Neutrality: Selected Legal Issues Raised by the FCC’s 2015 Open Internet Order
In February 2015, the Federal Communications Commission (FCC) adopted an order that will impose rules governing the management of Internet traffic as it passes over broadband Internet access services (BIAS), whether those services are fixed or wireless. The rules are commonly known as “net neutrality” rules. The order was released in March 2015 and published in the Federal Register on April 13, 2015. The order took effect on June 12, 2015. According to the order, the rules ban the blocking of legal content, forbid paid prioritization of affiliated or proprietary content, and prohibit the...
Class Action Litigation: The Court and Congress
The class action suit is a procedural device for joining numerous parties in a civil lawsuit when the issues involved are common to the class as a whole and when the issues turn on questions of law applicable in the same manner to each member of the class. Class actions are intended to save the resources of both the courts and the parties by permitting an issue potentially affecting every class member to be litigated together in an economical fashion. The class action is also intended to allow parties to pursue a legal remedy when it is not economically feasible to obtain relief, such as...
Telemarketing Regulation: National and State Do Not Call Registries
Today, it is axiomatic that telemarketers in the United States generally are not permitted to place outgoing telemarketing calls to phone numbers on the National Do Not Call List, unless an exception applies. This was not always the case, however. The National Do Not Call Registry was authorized by Congress and implemented by the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) in response to widespread frustration on the part of citizens with what were perceived to be abusive telemarketing practices. Particularly irritating and invasive were the numerous...
Aliens’ Right to Counsel in Removal Proceedings: In Brief
The scope of aliens’ right to counsel in removal proceedings is a topic of recurring congressional and public interest. This topic is complicated, in part, because the term right to counsel can refer to either (1) the right to counsel of one’s own choice at one’s own expense, or (2) the right of indigent persons to counsel at the government’s expense. A right to counsel can also arise from multiple sources, including the Fifth and Sixth Amendments to the U.S. Constitution, the Immigration and Nationality Act (INA), other federal statutes, and federal regulations. Further, in some cases,...
Foreign Corrupt Practices Act (FCPA): Congressional Interest and Executive Enforcement, In Brief
The Foreign Corrupt Practices Act of 1977 (FCPA) was enacted principally to prevent corporate bribery of foreign officials. This act had three major parts: (1) it required the keeping by corporations of accurate books, records, and accounts; (2) it required issuers registered with the Securities and Exchange Commission to maintain a responsible internal accounting control system; and (3) it prohibited bribery by American corporations of foreign officials.
For a number of years after passage of the act, Congress debated amending it in response to numerous criticisms. On August 23, 1988, the...
Veterans’ Benefits: Burial Benefits and National Cemeteries
Burial benefits are nonmonetary and monetary benefits that eligible veterans receive for their military service. Servicemembers and veterans have been provided nonmonetary burial benefits since the Civil War and monetary burial benefits since World War I.
Eligible veterans and active duty members of the Armed Forces can be interred in national cemeteries and can receive government-furnished headstones or markers, and in their honor, next of kin can receive presidential memorial certificates and burial flags. Their spouses or surviving spouses, minor children, and, under certain conditions,...
Legal Issues with Federal Labeling of Genetically Engineered Food: In Brief
Genetically engineered (GE) foods, sometimes referred to as genetically modified foods (GMO foods), are foods that are derived from scientific methods used to introduce new traits or characteristics to an organism. The labeling of GE foods has been the subject of debate among members of the general public and federal and state governments since the introduction of GE foods to the food supply in the 1990s.
Federal law does not impose specific labeling requirements on a food just because it may or may not contain GE ingredients or was derived using GE techniques. The Food and Drug...
Perspectives on Federal Cybersecurity Spending
The federal government invests significant resources in cybersecurity across every agency through a variety of activities. Although a methodologically rigorous total for these investments has not been calculated and may not be possible, an understanding of how the federal government applies resources to protect U.S. public and private sector data and networks from cyberattacks is necessary for Congress to provide constructive oversight of those efforts.
This report considers federal cybersecurity investments in three broad categories:
Agency spending to protect its own systems, networks,...
Legal Issues Associated with FDA Standards of Identity: In Brief
Standards of identity for foods overseen by the Food and Drug Administration (FDA) generally define the composition of a food, prescribing both mandatory and optional ingredients and fixing the relative proportions of each ingredient. This report addresses the following legal issues associated with the promulgation and enforcement of standards of identity for foods.
Section 401 of the Federal Food, Drug, and Cosmetic Act (FFDCA) establishes the legal authority for the FDA to promulgate standards of identity for food. According to this statutory authority, a standard of identity for a...
Federal Grant Financial Reporting Requirements and Databases: Frequently Asked Questions
Congress and federal agencies frequently undertake initiatives to conduct oversight of federal grant programs and expenditures. The ability to oversee is influenced by the existing reporting requirements placed on recipients of federal grant funds. Limitations in accessing information contained in federal databases used to collect grant data also influence the level of transparency into the use of federal grant funds. Congress has also debated the reporting burden placed on federal grant recipients and how to balance grant recipient capacity with the desire for transparency into the use of...
Overview of Major Federal Securities Laws: In Brief
This report discusses in a very general way the major federal securities laws. The major federal securities laws may be grouped into two categories according to the time of their passage: the acts passed in the wake of the stock market crash of 1929 and the acts passed later in the 20th century and early in the 21st century. The acts in the first group include the most important of the federal securities acts: the Securities Act of 1933, which concerns the initial registration of securities, and the Securities Exchange Act of 1934, which requires ongoing disclosure reports. The acts in the...
Apprenticeship in the United States: Frequently Asked Questions
Apprenticeship is a job training strategy that combines on-the-job training with related instruction, typically provided in a classroom setting. This report answers frequently asked questions about apprenticeship and the federal activities that support this training approach.
This Frequently Asked Questions (FAQ) report focuses on the Registered Apprenticeship system, through which the U.S. Department of Labor (or a recognized state apprenticeship agency) certifies a program as meeting federal requirements related to duration, intensity, and benefit to the apprentice. Historically, the...
The Animal Welfare Act: Background and Selected Animal Welfare Legislation
In 1966, Congress passed the Laboratory Animal Welfare Act (P.L. 89-54) to prevent pets from being stolen for sale to research laboratories, and to regulate the humane care and handling of dogs, cats, and other laboratory animals. Farm animals are not covered by the AWA. The law was amended in 1970 (P.L. 91-579), changing the name to the Animal Welfare Act (AWA). The AWA is administered by the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS). Congress periodically amends the act to strengthen enforcement, expand coverage to more animals and activities, or...
The President’s State of the Union Address: Tradition, Function, and Policy Implications
The State of the Union address is a communication between the President and Congress in which the chief executive reports on the current conditions of the United States and provides policy proposals for the upcoming legislative year. Formerly known as the “Annual Message,” the State of the Union address originates in the Constitution. As part of the system of checks and balances, Article II, Section 3, clause 1 mandates that the President “shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge...
Sex Discrimination and the United States Supreme Court: Developments in the Law
In its sex discrimination decisions, the United States Supreme Court not only has defined the applicability of the equal protection guarantees of the Constitution and the nondiscriminatory policies of federal statutes, but also has rejected the use of gender stereotypes and has continued to recognize the discriminatory effect of gender hostility in the workplace and in schools. This report focuses on sex discrimination challenges based on: the equal protection guarantees of the Fourteenth and Fifth Amendments; the prohibition against employment discrimination contained in Title VII of the...
Legal Protections for Subcontractors on Federal Prime Contracts: In Brief
Payment and other protections for subcontractors on federal contracts are of perennial interest to Members and committees of Congress, in part, because many subcontractors are small businesses, and it is the “declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small business concerns.” Subcontractors on federal contracts do not have “privity of contract”—or a direct contractual relationship—with the federal government. As such, subcontractors would generally lack the payment and other protections that...
Legal Authority for Aliens to Claim Refundable Tax Credits: In Brief
The question is frequently asked whether aliens who enter or remain in the United States in violation of federal immigration law (called unlawfully present aliens for purposes of this report) are permitted to claim refundable tax credits. There is no general provision in the Internal Revenue Code (IRC) prohibiting unlawfully present aliens from claiming refundable tax credits. Rather, the restrictions that exist are established on a credit-by-credit basis. For example, one credit—the earned income tax credit (EITC)—requires that taxpayers provide work-authorized Social Security numbers...
The Family and Medical Leave Act (FMLA): Background and Supreme Court Cases
Congress passed the Family and Medical Leave Act (FMLA) in 1993 in part to “balance the demands of the workplace with the needs of families.” To that end, the FMLA entitles eligible employees of covered employers to set amounts of unpaid, job-protected leave for specified family and medical reasons. These reasons include, for example, the care of a spouse, son, daughter, or parent with a serious health condition, and the care of a newborn or newly adopted child. Employers who interfere with an employee’s exercise of FMLA rights or retaliate against an employee for exercising her FMLA...
The National Labor Relations Act (NLRA) provides workers with the right to collectively bargain with employers and requires employers to bargain in good faith. The NLRA excludes from the definition of the term “employer” “the United States or any wholly owned government corporation or any state or political subdivision thereof.” The NLRA does not specify whether Indian tribal employers are covered.
Prior to 2004, the National Labor Relations Board (NLRB), the agency responsible for enforcing the NLRA, followed a rule that excluded from the NLRA tribal employers located on tribal land, but...
Securities Fraud Class Action Certification: Halliburton Co. v. Erica P. John Fund, Inc.
On June 23, 2014, the U.S. Supreme Court decided a much-anticipated case in the area of federal securities law: Halliburton Co. v. Erica P. John Fund, Inc. The history of the case spans more than a decade, through three rounds in federal district court and two rounds in the court of appeals and the Supreme Court. All of the cases so far have dealt with the issue of class certification for securities fraud plaintiffs. The merits of the case have not yet been considered.
Class certification is important in the area of securities law because the merits of the case cannot be considered until...
Title VIII of the Bipartisan Budget Act of 2015 (H.R. 1314, P.L. 114-74) makes several changes to the Social Security programs. Among these changes is a temporary reallocation of the Social Security payroll taxes so that a larger share is deposited in the Disability Insurance (DI) trust fund to extend the life of this trust fund beyond its current predicted exhaustion in 2016. Under this provision, the allocation of the 12.40% Social Security payroll tax assigned to the DI trust fund increases from 1.80% to 2.37% and the allocation to the Old-Age and Survivors Insurance (OASI) trust fund...
Pharmaceutical Patent-Antitrust: Reverse Payment Settlements and Product Hopping
Congressional attention has recently been directed towards two practices within the pharmaceutical industry. The first pertains to “reverse payment” or “pay-for-delay” settlements of patent litigation. Under this scenario, a generic firm agrees to neither challenge the brand-name company’s patents nor sell a generic version of the patented drug for a period of time. In exchange, the brand-name drug company agrees to compensate the generic firm, sometimes with substantial monetary payments over a number of years. Because the payment flows counterintuitively, from the patent owner to the...
The World Trade Organization Agreement on Technical Barriers to Trade and Recent Food Labeling Cases
The World Trade Organization’s (WTO) Agreement on Technical Barriers to Trade (TBT Agreement) contains obligations that WTO members must adhere to when they impose requirements on a product’s characteristics. Countries typically implement such requirements in order to protect human health or the environment, prevent deceptive practices, or further other legitimate policy goals. However, these measures can be trade-distorting, and sometimes countries implement such regulations solely to protect domestic markets. To that end, the TBT Agreement is intended to balance the need to protect...
Copyright Licensing in Music Distribution, Reproduction, and Public Performance
This report provides an overview of the complexities of the Copyright Act’s provisions concerning music licensing. It also discusses four issues involving copyrights in musical works and sound recordings that have been the subject of recent congressional and judicial consideration: (1) extending copyright protection to pre-1972 sound recordings; (2) requiring radio broadcasters to compensate recording artists; (3) changing the standard used to calculate royalties for digital music transmissions; and (4) modifying antitrust consent decrees governing songwriter performance royalties....
Veterans’ Benefits: Pension Benefit Programs
This report discusses selected veteran pension programs administered by the Department of Veterans Affairs (VA):
The Improved Disability Pension makes payments to certain low-income veterans. In FY2013, the program paid an average benefit of about $11,300 to about 310,000 beneficiaries.
The Improved Death Pension makes payments to certain low-income spouses or children of deceased veterans. In FY2013, the program paid an average benefit of about $7,000 to about 210,000 beneficiaries.
The Medal of Honor Pension makes payments to veterans who were awarded the Medal of Honor. Fewer than 100...
House Rules Governing Committee Markup Procedures
The rules of the House provide only general guidance to committees for conducting meetings to mark up legislation. There are no House rules that explicitly govern the various aspects of markup procedure. Instead, clause 1(a)(1) of Rule XI provides in part that “the Rules of the House are the rules of its committees and subcommittees so far as applicable.... ” And clause 2(a)(1) of the same rule directs each standing committee to adopt written rules governing its own procedures that “may be not inconsistent with the Rules of the House.... ” (Italics added).
These requirements leave many...
Follow-On Biologics: Intellectual Property Issues
The term “biologics” refers to a category of medical preparations derived from a living organism. These medicines have added notable therapeutic options for many diseases and impacted fields such as oncology and rheumatology. The biologics industry invests extensively in R&D and contributes to a rapidly expanding market for these treatments. Biologics are often costly, however, in part due to the sophistication of the technologies and the manufacturing techniques needed to make them.
Compared to the number of generic drugs available in traditional pharmaceutical markets, few “follow-on”...
Amendments on the House Floor: Summary of Major Restrictions
Congressional Research Service 7-5700 www.crs.gov 98-426 The opportunities for Representatives to offer floor amendments to a bill or resolution depends on the procedures by which the House considers the measure. In summary: After general debate on a bill in the Committee of the Whole, Members may offer whatever amendments they choose if (1) those amendments comply with applicable House rules and precedents, some of which are identified below; (2) Members offer their amendments at the appropriate times; and (3) the House has not adopted a special rule that prohibits consideration of some...
Amendment Process in the Committee of the Whole
Congressional Research Service 7-5700 www.crs.gov 98-439 Contents Reading for Amendment 1 Debating an Amendment 1 Amendment Tree: Degrees of Amendments 2 Voting on Amendments 2
Contacts Author Contact Information 2
Summary Amendments are usually considered not in the House, but in the Committee of the Whole, a parliamentary device designed to expedite the amendment process. For example, in the House, Members are generally recognized under the “hour rule;” in the Committee of the Whole, they are recognized to speak under the “five-minute rule.” A quorum in the House is 218; in the...
This report presents statistics regarding U.S. military and civilian casualties in the active missions Operation Freedom’s Sentinel (OFS, Afghanistan) and Operation Inherent Resolve (OIR, Iraq and Syria) and, as well as operations that have ended, Operation New Dawn (OND, Iraq), Operation Iraqi Freedom (OIF, Iraq), and Operation Enduring Freedom (OEF, Afghanistan). It also includes statistics on post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), and amputations. Some of these statistics are publicly available at the Department of Defense’s (DOD’s) website and others have...
History of the Navy UCLASS Program Requirements: In Brief
During its development, the U.S. Navy’s Unmanned Carrier Launched Airborne Surveillance and Strike (UCLASS) aircraft and its predecessors have been proposed to fill a number of roles and operate in a variety of air defense environments. Over time, those requirements have evolved to encompass a less demanding set of capabilities than first envisioned. This report details the history of UCLASS requirements development through the program’s evolution to its current stage.
Who Pays for Long-Term Services and Supports? A Fact Sheet
Long-term services and supports (LTSS) refer to a broad range of health and health-related services and supports that are needed by individuals over an extended period of time. The need for LTSS affects persons of all ages and is generally measured by limitations in an individual’s ability to perform daily personal care activities (e.g., eating, bathing, dressing, walking) or activities that allow individuals to live independently in the community (e.g., shopping, housework, meal preparation). The most recent published data estimating the number of Americans in need of LTSS indicate that...
Charter-Time Warner Cable-Bright House Networks Mergers: Overview and Issues
In May 2015, Charter Communications, Inc. announced that it reached agreements with Time Warner Cable Inc. (TWC) to merge the two companies in a deal valued at $78.7 billion, including the assumption of debt, and with Advance/Newhouse Partnership to acquire Bright House Networks (BHN) for $10.4 billion. The combination of Charter, TWC, and BHN would create a single entity providing cable television and broadband access service to 23.9 million customers in 41 states, making it the nation’s second-largest cable television operator and broadband access provider.
The proposed merger raises a...
What are the Department of Defense (DOD) Policies on Transgender Service?
This report briefly discusses Department of Defense Policies regarding transgender service.
Fair Pay and Safe Workplaces Order: Answers to Questions
This report discusses Executive Order 13673, Fair Pay and Safe Workplaces, which has the stated intent of increasing “efficiency and cost savings” by ensuring that executive branch procurement contractors understand and comply with labor laws.
Enacted in 1976, the Toxic Substances Control Act (TSCA) is the primary federal law that governs the regulation of chemicals in commerce. TSCA authorizes the Environmental Protection Agency (EPA) to determine whether regulatory control of a chemical substance is necessary to provide protection against “unreasonable risks” to those who are potentially exposed or to the environment. For several years leading up to the 114th Congress, there have been various legislative proposals to amend Title I of TSCA to revise the chemical evaluation process and the criteria by which chemical substances...
How the Federal Sentencing Guidelines Work: An Abridged Overview
Sentencing for all serious federal noncapital crimes begins with the federal Sentencing Guidelines. Congress establishes the maximum penalty and sometimes the minimum penalty for every federal crime by statute. In between, the Guidelines establish a series of escalating sentencing ranges based on the circumstances of the offense and the criminal record of the offender. The Guidelines do so using a score-keeping procedure. The Guidelines process involves:
I. Identification of the most appropriate Guidelines section for the crime(s) of conviction, based on the nature of the offense (the most...
Life-Cycle Greenhouse Gas Assessment of Coal and Natural Gas in the Power Sector
Recent expansion in natural gas production has made the resource an increasingly significant component in the U.S. energy market. Further, a number of policies recently proposed and/or promulgated at the federal, state, and local levels may serve to accelerate this development. Examples of federal policies include U.S. Environmental Protection Agency air standards for power plants and vehicles, as well as bills introduced in the 114th Congress to promote increased natural gas production on federal lands, amend provisions in the tax code to incentivize natural gas production and use, and...
Sex Trafficking: An Abbreviated Overview of Federal Criminal Law
Sex trafficking is a state crime. Federal law, however, makes it a federal crime to conduct the activities of a sex trafficking enterprise in a way that affects interstate or foreign commerce or that involves travel in interstate or foreign commerce. Section 1591 of Title 18 of the United States Code outlaws sex trafficking activities that affect interstate or foreign commerce. The Mann Act outlaws sex trafficking activities that involve travel in interstate or foreign commerce. The Justice for Victims of Trafficking Act of 2015 (Victims Justice Act; P.L. 114-22/S. 178) amended both §1591...
The Toxic Substances Control Act (TSCA) was enacted in 1976 to govern the regulation of chemical substances in U.S. commerce. Its core provisions have not been significantly amended since that time. Under TSCA, the Environmental Protection Agency (EPA) has implemented a chemicals management program over the past four decades. EPA has issued a very limited number of risk management rules under TSCA to restrict chemicals it has found to present unreasonable risks of injury to human health or the environment. Meanwhile, states and, in a few cases, local subdivisions of states have enacted an...
Heightened commodity price volatility since 2008—driven by major market-shifting events, including increased demand for corn under strong federal biofuels incentives, a prolonged surge in China’s soybean import demand, and the severe U.S. drought of 2012—has generated many questions about linkages between farm commodity prices and U.S. food price inflation from Members of Congress and their constituents. This report responds to those concerns by addressing the linkage between farm and retail food prices. Retail food price inflation is addressed in CRS Report R40545, Consumers and Food...
Timeline Related to Health Insurance and Exchange Rules: Backdrop to King v. Burwell
The Supreme Court is expected to issue a decision in King v. Burwell by the end of June. The central issue in the case is whether the Affordable Care Act (ACA; P.L. 111-148, as amended) gives authority to the U.S. Department of the Treasury to make premium tax credits available to eligible individuals in every state (including the District of Columbia) or just the states that choose to establish their own health insurance exchanges (state-based exchanges, or SBEs).
As of the date of this report, the direction and scope of the Court decision is unknown. However, it is generally agreed that...
Modification of Child Support Orders: Background, Policy, and Concerns
Child support orders are almost always expressed in fixed dollar amounts, and over time the needs of the child and the financial circumstances of one or both parents may change. However, without periodic modifications, child support obligations can become inadequate and/or inequitable or may not correspond to the noncustodial parent’s income and/or ability to pay.
Under current law (pursuant to P.L. 109-171, the Deficit Reduction Act of 2005), states are required to review and, if appropriate, adjust child support orders at least once every three years in cases in which the family is...
FY2016 NDAA: A Comparison of House and Senate Provisions for Military Retirement Reform
This report discusses the military retirement system, which is a funded, noncontributory, defined benefit system that provides a monthly annuity to servicemembers after 20 years of qualifying service.
The Social Security Retirement Age: In Brief
Workers may claim full Social Security benefits at the full retirement age (FRA), which is rising gradually to age 67 for workers who were born in 1960 or later. Retired workers may claim benefits as early as age 62, which is known as the early eligibility age (EEA). Social Security benefits are reduced, however, for every month that retired worker benefits are claimed before the FRA.
Marijuana and Federal Tax Law: In Brief
As an increasing number of states have permitted the use of marijuana for medical and recreational uses, questions have arisen about the federal income tax consequences for businesses that sell marijuana and their buyers.
There is no question that income from selling marijuana is taxable to the seller, regardless of whether such sale is legal or not under federal or state law. While such income is taxable, the seller will be limited in its ability to deduct business expenses and claim tax credits. This is because Section 280E of the Internal Revenue Code (IRC) disallows a deduction or...
Individual Mandate Under the ACA
Since 2014, the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) has required most individuals to maintain health insurance coverage or potentially to pay a penalty for noncompliance. Specifically, most individuals are required to maintain minimum essential coverage for themselves and their dependents. Minimum essential coverage is a term defined in the ACA and its implementing regulations and includes most private and public coverage (e.g., employer-sponsored coverage, individual coverage, Medicare, and Medicaid, among others). Some individuals are exempt from...
The September 11, 2001 Terrorist Attacks: Reauthorization of Health and Injury Compensation Programs
Frequently Asked Questions About Tax-Exempt Organizations
This report answers frequently asked questions about tax-exempt organizations. It provides basic answers and refers to sources of additional information that might be useful. The report focuses on the types of organizations described in Internal Revenue Code (IRC) Section 501(c), with the main emphasis on Section 501(c)(3) charitable organizations.
One set of questions addresses some of the primary characteristics of tax-exempt organizations, including whether they may participate in lobbying and election-related activities, and defines the terms “tax-exempt,” “nonprofit...
Patents and Regulatory Exclusivities: Issues in Pharmaceutical Innovation and Competition
Patents and regulatory exclusivities have each been the subject of congressional interest in recent years. Patents, which are administered by the U.S. Patent and Trademark Office (USPTO), allow for a uniform 20-year term of protection for a variety of inventions. In contrast, regulatory exclusivities apply to drugs and biologic medicines regulated by the Food and Drug Administration (FDA). Federal legislation establishes a complex range of regulatory exclusivities applicable to, among other subjects, new chemical entities, orphan drugs, and generic drugs. In general, these intellectual...
Tax Expenditures: Overview and Analysis
Tax expenditures—revenue losses associated with targeted provisions that move the income tax away from a “theoretical normal” tax system—are a long-standing feature of the U.S. tax code. In some ways, tax expenditures resemble direct spending programs. They both have similar budgetary effects and provide incentives that alter the allocation of resources. Hence, tax expenditures, like direct spending, are one of the ways that the federal government plays a role in shaping the economy.
Tax expenditures, however, do not regularly receive the same level of scrutiny as direct spending programs....
Agriculture in the WTO: Rules and Limits on Domestic Support
Omnibus U.S. farm legislation—referred to as the farm bill—is renewed every five or six years. Farm income and commodity price support programs have been a part of U.S. farm bills since the 1930s. Each successive farm bill usually involves some modification or replacement of existing farm programs. A key question likely to be asked of every new farm proposal or program is how it will affect U.S. commitments under the World Trade Organization’s (WTO’s) Agreement on Agriculture (AoA) and its Agreement on Subsidies and Countervailing Measures (SCM).
The United States currently is committed,...
Sick Leave for Federal Employees: In Brief
This brief provides an overview of sick leave for federal employees, including leave options for employees when sick leave has been exhausted. Full-time federal employees can earn up to 104 hours (13 days) of sick leave per year and are entitled to use such leave for four primary reasons: (1) personal medical needs, (2) care of a family member, (3) death of a family member, and (4) adoption of a child.
A federal employee might experience a situation in which he or she does not have enough accrued sick leave to cover a prolonged absence from work for personal or family medical reasons. In...
WTO Doha Round: Implications for U.S. Agriculture
The Doha Round of multilateral trade negotiations, launched in November 2001, has been at an impasse since 2009 and presently shows no signs of restarting, despite an interim agreement reached at the December 2013 Bali Ministerial.
The goal of the Doha Round’s agriculture negotiations is to make progress simultaneously across the three pillars of the World Trade Organization’s (WTO’s) 1994 Agricultural Agreement—domestic support, market access, and export competition—by building on the specific terms and conditions established during the previous Uruguay Round of negotiations. Negotiators...
Deepwater Horizon Oil Spill: Recent Activities and Ongoing Developments
In the wake of the explosion of the Deepwater Horizon offshore drilling rig in the Gulf of Mexico on April 20, 2010, federal agencies, state and local government agencies, and responsible parties faced an unprecedented challenge. An oil discharge continued for 87 days, resulting in the largest ever oil spill in U.S. waters.
Led by the U.S. Coast Guard, response activities were extensive for several years but have diminished substantially:
At the height of operations (summer of 2010), response personnel numbered over 47,000.
As of April 2015, 30 response personnel, including federal...
HIPAA Privacy, Security, Enforcement, and Breach Notification Standards
The Privacy Rule, which was promulgated pursuant to the Health Insurance Portability and Accountability Act (HIPAA) of 1996, comprises a set of federal standards governing the use of personal health information. The Privacy Rule generally applies to individually identifiable health information created and maintained by payers and providers of health care, collectively referred to as covered entities. The rule establishes certain individual rights, including the right to inspect and obtain a copy of one’s health information; describes the circumstances under which covered entities are...
FEMA’s Public Assistance Grant Program: Background and Considerations for Congress
The Public Assistance Grant Program (PA Program) is administered by the Federal Emergency Management Agency (FEMA) and combines the authorities of multiple sections of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended, the Stafford Act). The PA Program is only available for states and communities that have received a major or emergency disaster declaration through the Stafford Act (and in a more limited fashion, Fire Management Assistance Grants). The PA Program provides grant assistance for eligible purposes, including
Emergency work, as...
Marijuana: Medical and Retail—Selected Legal Issues
The federal Controlled Substances Act (CSA) outlaws the possession, cultivation, and distribution of marijuana except for authorized research. More than 20 states have regulatory schemes that allow possession, cultivation, and distribution of marijuana for medicinal purposes. Four have revenue regimes that allow possession, cultivation, and sale generally. The U.S. Constitution’s Supremacy Clause preempts any state law that conflicts with federal law. Although there is some division, the majority of state courts have concluded that the federal-state marijuana law conflict does not require...
Marijuana: Medical and Retail—An Abbreviated View of Selected Legal Issues
The federal Controlled Substances Act (CSA) outlaws the possession, cultivation, and distribution of marijuana except for authorized research. More than 20 states have regulatory schemes that allow possession, cultivation, and distribution of marijuana for medicinal purposes. Four have revenue regimes that allow possession, cultivation, and sale generally. The U.S. Constitution’s Supremacy Clause preempts any state law that conflicts with federal law. Although there is some division, the majority of state courts have concluded that the federal-state marijuana law conflict does not require...
Medicaid Reimbursement Rate Litigation: An Overview of Armstrong v. Exceptional Child Center, Inc.
On March 31, 2015, the Supreme Court decided in Armstrong v. Exception Child Center, Incorporated, that private parties cannot seek an injunction from a federal court to prevent state Medicaid officials from implementing a state plan that may violate Medicaid’s equal access requirement under federal law.
Medicaid is a cooperative federal-state program through which the federal government provides financial assistance to states for medical care and other services for poor, elderly, and disabled individuals. States have considerable discretion in administering their Medicaid program, which...
Premium Tax Credits and Federal Health Insurance Exchanges: Questions and Answers
Legal challenges that may have a substantial impact on the implementation and operation of the Patient Protection and Affordable Care Act (ACA) concern whether premium tax credits are available for millions of individuals participating in federally administered health insurance exchanges. These credits, which became available in 2014, are intended to help individuals pay the premiums for private health plans offered through the insurance exchanges established under the act. In addressing who may receive this credit, ACA refers to individuals who are “enrolled in [a plan] through an...
Ethics and conflict of interest concerns have been raised concerning the impartiality or bias of government regulators or administrators who, shortly before entering government service, represented, owned, were employed by, or were given large cash payments or “rewards” by private firms or other entities that such officials must now regulate and oversee. Federal conflict of interest law and regulation, for the most part, deal with the potential influence of existing financial assets, properties, and relationships of a federal official. There are, however, some limited conflict of interest...
Joint Employers and the National Labor Relations Act
This report examines the standard used currently by the National Labor Relations Board (“Board”) to determine whether two businesses may be considered joint employers for purposes of the rights and protections afforded by the National Labor Relations Act (“NLRA”). In a June 2014 amicus brief filed with the Board, the Board’s General Counsel encouraged the adoption of a new joint employer standard that would consider the totality of the circumstances, including how the alleged joint employers have structured their commercial relationship. Following the filing of the amicus brief, the...
Brokers and dealers and investment advisers have been held to different standards of conduct in their dealings with investors. In very general terms, a broker-dealer is held to a suitability standard, and an investment adviser is held to a fiduciary duty standard. With passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203), which tasks the Securities and Exchange Commission (SEC) with issuing rules concerning the standards of conduct for brokers, dealers, and investment advisers, the current standards may be changed.
The Financial Industry Regulatory...
The federal government plays a role in the management of sex offenders. In a law enforcement capacity, it enforces federal laws involving sexual abuse, online predatory offenses, or other related federal crimes. In addition, Congress has enacted legislation that encourages the development of state sex offender registries, urges states to punish recalcitrant sex offenders, and induces state and local law enforcement to make certain information on sex offenders public, and has taken other steps involving the registration of sex offenders and notification of the community. Federal legislation...
The Tip Credit Provisions of the Fair Labor Standards Act (FLSA): In Brief
The Fair Labor Standards Act (FLSA), enacted in 1938 (P.L. 75-718), is the federal legislation that establishes the general minimum wage that must be paid to all covered workers. In 1966, Congress amended the FLSA to add a “tip credit” provision to the minimum wage provisions. These amendments, which apply to “tipped workers,” do not change the guaranteed minimum wage of $7.25 per hour but they allow a combination of earnings from employer cash wages and employee tips to equal the federal minimum wage (currently $7.25 per hour). That is, the “credit” is the amount from employee tips that...
Health Insurance Premium Credits in the Patient Protection and Affordable Care Act (ACA) in 2015
New federal tax credits, authorized under the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended), first became available in 2014 to help certain individuals pay for health insurance. The tax credits apply toward premiums for private health plans offered through exchanges (also referred to as health insurance marketplaces). The ACA also established subsidies to reduce cost-sharing expenses.
Health insurance exchanges operate in every state and the District of Columbia (DC), per the ACA statute. Exchanges may be established and administered by states, the federal...
EPA’s Proposed Clean Power Plan: Conversion to Mass-Based Emission Targets
The Environmental Protection Agency (EPA) proposed a rule in June 2014 that would require states to address carbon dioxide (CO2) emissions from existing fossil fuel-fired electric generating units. The proposal would create CO2 emission rate goals—measured in pounds of CO2 emissions per megawatt-hour (MWh) of electricity generation—for each state to achieve by 2030 and an interim goal in 2029, based on the average of a state’s emission rates between 2020 and 2029.
EPA’s proposal would allow a state to establish its emission reduction requirements by converting the interim (2029) and final...
The Sustainable Growth Rate (SGR) and Medicare Physician Payments: Frequently Asked Questions
This report responds to frequently asked questions about the Sustainable Growth Rate (SGR) system for updating Medicare physician fee schedule payments (MPFS) and the recent legislative efforts to repeal and replace the SGR. Frequently asked questions address the background of the SGR, the need for congressional overrides (also referred to as “doc fixes”), and current legislative activity.
For additional information, see CRS Report R40907, Medicare Physician Payment Updates and the Sustainable Growth Rate (SGR) System, by Jim Hahn.
As part of its civil works mission, the U.S. Army Corps of Engineers manages water resource projects. Areas behind and below Corps dams and around Corps locks, levees, and waterways are popular recreation sites, attracting 370 million visits annually. Corps projects are some of the most densely used federal recreation sites. Title 36, Section 327, of the Code of Federal Regulations sets out the regulations for public use of Corps projects. Section 327.13 generally prohibits possession of loaded firearms by private (i.e., non-law enforcement) individuals at Corps-administered projects...
Medal of Honor Recipients in the 113th Congress: A Fact Sheet
This fact sheet lists names of recipients of the Congressional Medal of Honor, the highest award for valor, awarded during the 113th Congress. Previous congressional use of the information contained in this fact sheet has included examinations of legislative measures that have waived or accelerated timeline reviews for potential Medal of Honor recipients. The material has been used in speeches, including Memorial and Veterans Day holiday observations.
Terms for metadata: Congressional Medal of Honor, Date of Issue, MOH Home of Record, Medal of Honor, General Orders Congressional Medal of...
Child Welfare: Title IV-E Proposals in the President’s FY2016 Budget
Under Title IV-E of the Social Security Act, states are entitled to open-ended reimbursement for the cost of providing foster care, adoption assistance, and (in states that choose to provide it) kinship guardianship assistance. Additional mandatory funding is available, on a capped basis, for services to youth who “age out” of foster care, or are expected to, and for Tribal Title IV-E plan development and technical assistance. Each year the President’s budget estimates the amount of funding necessary to meet federal commitments under Title IV-E based on current law and, if included in the...
Veterans’ Benefits: The Impact of Military Discharges on Basic Eligibility
The Department of Veterans Affairs (VA) offers a broad range of benefits to veterans of the U.S. Armed Forces and to certain members of their families; however, a claimant must meet the basic eligibility criteria. A benefit claimant must prove that he or she meets the statutory definition of a “veteran,” which includes (1) service in the active military (i.e., Army, Navy, Air Force, Marine Corps, Coast Guard) or commissioned officers of the Public Health Service (PHS), and National Oceanic and Atmospheric Administration (NOAA); (2) minimum length of service requirements; and (3) discharge...
Many Aspects of the Affordable Care Act Would Not Be Affected by King v. Burwell
This report briefly discusses the possible effects of the King v. Burwell case on the Affordable Care Act (ACA) law. The case examines whether or not the ACA allows the IRS to make premium tax credits available to residents of states that decline to establish health insurance exchanges.
Genetic Testing: Background and Policy Issues
Congress has considered, at various points in time, numerous pieces of legislation that relate to genetic and genomic technology and testing. These include bills addressing genetic discrimination in health insurance and employment; precision medicine; the patenting of genetic material; and the oversight of clinical laboratory tests (in vitro diagnostics), including genetic tests. The focus on these issues signals the growing importance of public policy issues surrounding the clinical and public health implications of new genetic technology. As genetic technologies proliferate and are...
Foreign Heads of State Addressing Congress
This report discusses the historical precedent for an addresses Israeli Prime Minister Benjamin Netanyahu made before a joint meeting of Congress on March 3, 2015.
Medicare Advantage—Proposed Benchmark Update and Other Adjustments for CY2016: In Brief
SUMMARY TO BE SUPPRESSED]
Medicare Advantage MA Part C Advance notice of methodological changes for CY 2016 Capitation Rates, AHIP Benchmark Bid National Per Capita MA Growth Percentage US Per Capita Cost Growth Percentage USPCC, NPCMAGP payments quality bonus payment demonstration applicable amount specified amount Affordable Care Act phase-in to new benchmark coding pattern differences normalization ACA
Number of African American Judges Reaches All-Time High; Do Issues Remain?
This report provides historical and statistical information related to the appointment of African Americans as U.S. circuit and district court judges. Such information addresses ongoing congressional interest in the demographic characteristics of lower federal court judges.
Enforcement of Congressional Rules of Conduct: A Historical Overview
The Constitution vests Congress with broad authority to discipline its Members. Only since 1967, however, have both houses established formal rules of conduct and disciplinary procedures whereby allegations of illegal or unethical conduct may be investigated and punished.
In 1964, the Senate established its first permanent ethics committee, the Select Committee on Standards and Conduct, which was renamed the Select Committee on Ethics in 1977. In 1967, the House first established a permanent ethics committee, the Committee on Standards of Official Conduct, which was renamed the Committee...
Veterans’ Benefits: Dependency and Indemnity Compensation (DIC) for Survivors
The Department of Veterans Affairs (VA) administers directly, or in conjunction with other federal agencies, programs that provide benefits and other services to veterans and their spouses, dependents, and beneficiaries.
One of the benefits that VA administers is Dependency and Indemnity Compensation (DIC) for survivors of certain servicemembers and veterans. DIC is a monthly tax-free cash payment to survivors and dependents of servicemembers killed while on active military duty and those of certain veterans. Survivors of veterans who die from service-related conditions are eligible for...
The House of Representatives has several different parliamentary procedures through which it can bring legislation to the chamber floor. Which of these will be used in a given situation depends on many factors, including the type of measure being considered, its cost, the amount of political or policy controversy surrounding it, and the degree to which Members want to debate it and propose amendments. This report provides a snapshot of the forms and origins of measures that, according to the Legislative Information System of the U.S. Congress, received action on the House floor in the...
House Committee Reports: Required Contents
House rules and statutes detail several substantive requirements for items to be included in reports accompanying bills reported from committees, as noted in the following table. For example, most committee reports explain a bill’s purpose and the need for the legislation, its cost, the committee votes on amendments and the measure itself, the position of the executive branch, and the specific changes the bill would make in existing law. Not all requirements are applicable to all committees or in all circumstances. There is also no prescribed order for inclusion of these items in the...
The Measles: Background and Federal Role in Vaccine Policy
The earliest accounts of measles date back over 1,000 years. This report presents basic information about this infectious disease, its history in the United States, available treatments to prevent individuals from contracting measles, and the federal role in combatting measles—from funding, to research, to the authority of the federal government in requiring mandatory childhood vaccinations. The report provides additional resources for information on measles and recommendations for vaccination against the disease.
According to the U.S. Centers for Disease Control and Prevention (CDC),...
The Presidential Libraries Act and the Establishment of Presidential Libraries
The Presidential Libraries Act (P.L. 84-373; 69 Stat. 695), as originally enacted in 1955, sought to create a system of government “preservation and administration ... of papers and other historical materials of any President or former President of the United States.” Pursuant to the law, the General Services Administration’s (GSA’s) Administrator could, among other actions,
accept ... the papers and other historical materials of any President or former President of the United States, or of any other official or former official of the Government, and other papers relating to and...
A Guide to Describing the Income Distribution
The distribution of income in the United States features heavily in congressional discussions about the middle class, program funding and effectiveness, new and existing target groups, government tax revenue, and social mobility, among other topics. Recently, the level and distribution of U.S. income have also been raised in the context of broader macroeconomic issues, such as economic growth. Accordingly, Congress has sought information on the absolute and relative experience of U.S. households, the range of incomes, and their dispersion.
Describing the income distribution involves...
FHA Single-Family Mortgage Insurance: Recent Policy Changes and Proposed Legislation
The Federal Housing Administration (FHA), an agency of the Department of Housing and Urban Development (HUD), insures private mortgage lenders against losses on eligible mortgages. If a borrower defaults on an FHA-insured mortgage, FHA will repay the lender the remaining amount owed. FHA insurance is intended to encourage lenders to offer mortgages to households who might otherwise have difficulty obtaining a loan at an affordable interest rate, such as households with small down payments. Borrowers pay fees, called premiums, in exchange for the insurance, and these fees are supposed to...
H.R. 399, the Secure Our Borders First Act of 2015: Report in Brief
This report provides a summary of select provisions in the Secure Our Borders First Act of 2015 (H.R. 399). An amendment in the nature of a substitute to the bill was favorably marked up and reported out of the House Homeland Security Committee on January 21, 2015.
This report provides a summary of select provisions in the bill that fall under two major headings—Operational Control of the Borders and Biometric Entry and Exit System—and concludes with a brief description of additional provisions collected under a third heading—CBP Agents and Officers, and Federal Land. Figures provide...
Social Security’s Effect on Child Poverty
Social Security plays an important role in reducing poverty, not only among the aged but among children as well. Children may be eligible for Social Security benefits when a parent who is a covered worker dies, becomes disabled, or retires. In addition to receiving Social Security in their own right, children may economically benefit from Social Security by living with other family members receiving benefits.
Based on a Congressional Research Service (CRS) analysis of U.S. Census Bureau Survey of Income and Program Participation (SIPP) data, in April 2013, an estimated 8.5 million children...
Aereo and FilmOn X: Internet Television Streaming and Copyright Law
Aereo and FilmOn X were created to stream television programming over the Internet for a monthly subscription fee. Aereo and FilmOn’s technology permitted subscribers to watch both live broadcast television in addition to already-aired programming. Their use of this development in technology triggered multiple lawsuits from broadcasting companies alleging copyright violations. These cases revealed not only multiple interpretations of copyright law and its application to new and developing technologies, but also a possible “loophole” in the law, which some accused Aereo and FilmOn of...
The Impact of Sequestration on Unemployment Insurance Benefits: Frequently Asked Questions
“Sequestration” refers to a process of automatic, largely across-the-board spending reductions under which budgetary resources are permanently canceled to enforce certain budget policy goals. Most recently, sequestration was triggered by the Budget Control Act of 2011 (BCA; P.L. 112-25) and first implemented on March 1, 2013 (delayed by P.L. 112-240).
Some, but not all, types of unemployment insurance (UI) benefits are subject to reductions under the BCA sequester. Regular Unemployment Compensation (UC), Unemployment Compensation for Ex-Servicemembers (UCX), and Unemployment Compensation...
The Affordable Care Act and Small Business: Economic Issues
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148 and P.L. 111-152) contains several provisions to encourage employer-sponsored health coverage, particularly among small businesses. The provisions that most directly relate to small businesses are (1) an employer penalty for not providing health insurance, (2) a tax credit to increase the affordability of health care for the smallest firms, and (3) small business health insurance exchanges designed to increase plan options and lower plan costs.
Several events have altered the ACA’s implementation since its enactment in 2010....
Out-of-Pocket Costs for Medicaid Beneficiaries: In Brief
The federal Medicaid statute and accompanying regulations include provisions that states can apply to certain program beneficiaries with respect to out-of-pocket cost-sharing, including premiums that may be required on a monthly or quarterly basis, enrollment fees that may be applied on an annual or semiannual basis, and point-of-service cost-sharing (e.g., a co-payment to a Medicaid participating provider for a specific covered service received). To implement these options, states must submit Medicaid state plan amendments (SPAs) detailing these provisions to the federal Centers for...
Clean Air Issues in the 113th Congress: An Overview
Oversight of Environmental Protection Agency (EPA) regulatory actions was the main focus of interest as the 113th Congress considered air quality issues. Of particular interest were EPA’s proposed regulations on the emissions of greenhouse gases (GHGs) from power plants.
Reducing GHG emissions to address climate change is a major goal of President Obama, but Congress has been less enthusiastic about it. In the absence of congressional action, the President has directed EPA to promulgate GHG standards using existing authority under the Clean Air Act. This authority has been upheld on at...
Title I of the Americans with Disabilities Act (ADA): Employment Discrimination
Title I of the Americans with Disabilities Act of 1990 and the ADA Amendments Act of 2008 (together, ADA) prohibit discrimination in employment against qualified individuals on the basis of disability. The ADA defines the term disability broadly to include individuals with disabilities, individuals with a history of a disability, and individuals regarded as having disabilities whether they have one or not. The ADA protects alcoholics and drug addicts who are in recovery, but does not protect individuals who are actively abusing drugs or alcohol.
The ADA requires “covered...
Desalination and Membrane Technologies: Federal Research and Adoption Issues
In the United States, desalination and membrane technologies are used to augment municipal water supply, produce high-quality industrial water supplies, and reclaim contaminated supplies (including from oil and gas development). Approximately 2,000 desalination facilities larger than 0.3 million gallons per day (MGD) operate in the United States; this represents more than 2% of U.S. municipal and industrial freshwater use. At issue for Congress is what should be the federal role in supporting desalination and membrane technology research and facilities. Desalination issues before the 114th...
Public-Private Partnerships for Purposes of Federal Real Property Management
While public-private partnerships (PPPs) have long been used to manage real property, congressional interest in PPPs has recently increased due to the large number of underutilized and excess buildings owned by federal agencies, as well as sequestration and other spending constraints. There is no single, accepted definition of public-private partnership, and PPPs can be structured in many ways. However, for purposes of this report, a PPP is an agreement whereby a nonfederal entity acquires the right to use a real property owned or controlled by a federal agency—typically through a...
The Presidential Records Act: Background and Recent Issues for Congress
Presidential documents are historical resources that capture each incumbent’s conduct in presidential office. Pursuant to the Presidential Records Act ((PRA) 44 U.S.C. §§2201-2207), the National Archives and Records Administration (NARA) collects most records of Presidents and Vice Presidents at the end of each Administration. They are then disclosed to the public—unless the Archivist of the United States, the incumbent President, or the appropriate former President requests the records be kept private.
The PRA is the primary law governing the collection and preservation of, and access to,...
Federal Income Taxes and Noncitizens: Frequently Asked Questions
This report answers frequently asked questions about noncitizens and federal income taxes. Noncitizens may be subject to U.S. income taxes when, for example, they work in the United States or they live abroad but have U.S. source income. Noncitizens who may be subject to U.S. income taxes include
legal permanent residents (LPRs or green card holders) who are authorized to live and work in the United States permanently;
aliens who are authorized to stay in the United States temporarily, and may or may not be authorized to work;
aliens who are not authorized to be in the United States...
Wastewater Treatment: Overview and Background
The Clean Water Act prescribes performance levels to be attained by municipal sewage treatment plants in order to prevent the discharge of harmful wastes into surface waters. The act also provides financial assistance so that communities can construct treatment facilities to comply with the law. The availability of funding for this purpose continues to be a major concern of states and local governments.
This report provides background on municipal wastewater treatment issues, federal treatment requirements and funding, and recent legislative activity. Meeting the nation’s wastewater...
Reauthorization of the Satellite Television Extension and Localism Act (STELA)
One hundred sixteen million U.S. households watch television. Approximately 86% of those households subscribe to a service that carries the retransmitted signals of broadcast stations over fiber optic cables, telephone lines, or through satellite dishes on the premises. Such services, known as multichannel video programming distributors (MVPDs), retransmit broadcast television signals pursuant to a regulatory framework constructed by Congress and the Federal Communications Commission (FCC). The remaining households generally use an individual antenna that receives broadcast signals...
Senate Committees: Categories and Rules for Committee Assignments
Senate Rule XXV and party conference rules address committee assignments. Senate Rule XXV, paragraphs 2 and 3 establish categories of committees, popularly referred to as “A,” “B,” and “C,” that condition assignment rules.
The U.S. Secret Service: History and Missions
The U.S. Secret Service has two missions—criminal investigations and protection. Criminal investigation activities have expanded since the inception of the Service from a small anti-counterfeiting operation at the end of the Civil War, to now encompassing financial crimes, identity theft, counterfeiting, computer fraud, and computer-based attacks on the nation’s financial, banking, and telecommunications infrastructure, among other areas. Protection activities, which have expanded and evolved since the 1890s, include ensuring the safety and security of the President, Vice President, their...
Overview of Selected Federal Criminal Civil Rights Statutes
Federal criminal civil rights laws impose criminal penalties for deprivation of certain federal rights, privileges, or immunities. These laws prohibit hate crimes based on race, color, religion, or national origin; the burning of places of worship; violence against health care providers; and the transport of persons (particularly women and children) for the purpose of enslavement or forced labor. Some of these laws require a discriminatory motivation while others, such as human trafficking, do not. Some cover offenders acting “under color of any law.”
The Federal Bureau of Investigation...
Radio Broadcasting Chips for Smartphones: A Status Report
The concurrent developments of digital radio broadcasting and digital cellular networks have enabled hybrid products that incorporate over-the-air broadcasting into cellphones. A recent introduction (2013) is a hybrid radio/smartphone with Internet connectivity, marketed in the United States as NextRadio. NextRadio uses a chip that receives analog FM and digital radio, with enhancements such as customized radio listening; the primary radio connection is over-the-air, not through Internet streaming.
On the assumption that radio broadcasting is more accessible and reliable than...
Cash Versus Accrual Basis of Accounting: An Introduction
This report introduces two general methods of accounting—the cash basis method and accrual basis method. The choice of accounting method determines the timing of the recognition of revenue and expenses. Under cash basis accounting, revenue and expenses are recorded when cash is actually paid or received. Under accrual basis accounting, revenue is recorded when it is earned and expenses are reported when they are incurred. Understanding the differences between these two accounting methods could be helpful to Congress as it considers reforming the tax system and changing the federal...
Closing a Congressional Office: Overview of House and Senate Practices
Turnover of membership in the House and Senate necessitates closing congressional offices. The closure of a congressional office requires an outgoing Member of Congress to evaluate pertinent information regarding his or her staff; the disposal of personal and official records; and final disposition of office accounts, facilities, and equipment. In the past several years, the House and Senate have developed extensive resources to assist Members in closing their offices. These services are most typically used at the end of a Congress, when a Member’s term of service ends, but most of the...
The Hurricane Sandy Rebuilding Strategy: In Brief
< SUPPRESS > KEY TERMS FOR SEARCH: Hurricane Sandy Superstorm Sandy Hurricane Rebuilding Strategy Recovery Disaster Recovery Executive Order 13632 E.O. 13632 Hurricane Sandy Rebuilding Task Force HUD Task Force Hurricane Sandy recovery P.L. 113-2
Medicaid Home and Community-Based Settings Final Rule: In Brief
On January 16, 2014, the Centers for Medicare & Medicaid Services (CMS) issued a final rule for Medicaid participants receiving home and community-based services (HCBS). Effective March 17, 2014, the rule establishes certain requirements for home and community-based settings. To receive federal reimbursement, states must ensure that Medicaid HCBS are delivered in such settings. CMS states that the purpose of the rule is to ensure that Medicaid participants have full access to community living and opportunities to receive Medicaid services in the most integrated setting appropriate....
Energy-Water Nexus: The Energy Sector’s Water Use
Water and energy are critical resources that are reciprocally linked; this interdependence is often described as the water-energy nexus. Meeting energy-sector water needs, which are often large, depends upon the local availability of water for fuel production, hydropower generation, and thermoelectric power plant cooling. The U.S. energy sector’s use of water is significant in terms of water withdrawals and water consumption. Thermoelectric cooling represented 38% of freshwater withdrawn nationally and 45% of all water (fresh and saline) withdrawn in 2010, and the broader energy sector’s...
This report briefly discusses current requirements under the Federal Information Security Management Act (FISMA) and two bills currently being considered by Congress that would revise the conditions and authority granted by FISMA.
U.S. Greenhouse Gas Emissions: Recent Trends and Factors
On June 25, 2013, President Obama affirmed his commitment to reduce U.S. greenhouse gas (GHG) emissions by 17% below 2005 levels by 2020 if all other major economies agreed to limit their emissions as well. In addition, during a November 2014 trip to China, President Obama announced a new policy target to reduce U.S. net GHG emissions by 26%-28% by 2025. Whether these objectives will be met is uncertain, but emission levels and recent trends remain a topic of interest among policy makers.
U.S. GHG emissions increased during most of the years between 1990 and 2007, and then decreased...
Membership of the 113th Congress: A Profile
This report presents a profile of the membership of the 113th Congress (2013-2014). 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.
As of November 24, 2014, in the House of Representatives, there are 234 Republicans, 207 Democrats (including 5 Delegates and the Resident Commissioner), and no vacant seats. The Senate has 45 Republicans, 53 Democrats, and 2 Independents, who caucus...
The Obama Administration’s November 2014 Immigration Initiatives: Questions and Answers
On November 20, 2014, President Obama delivered a televised address wherein he broadly described the steps that his administration is taking to “fix” what he has repeatedly described as a “broken immigration system.” Following the President’s address, executive agencies made available intra-agency memoranda and fact sheets detailing specific actions that have already been taken, or will be taken in the future. These actions generally involve either border security, the current unlawfully present population, or future legal immigration.
The most notable of these actions, for many...
Food Recalls and Other FDA Administrative Enforcement Actions
The U.S. Food and Drug Administration (FDA) ensures the safety of all food except for meat, poultry, and certain egg products over which the U.S. Department of Agriculture (USDA) has regulatory oversight. Under the Federal Food, Drug, and Cosmetic Act (FFDCA), the FDA has the authority to regulate the manufacturing, processing, and labeling of food with the primary goal of promoting food safety.
Congress has granted the FDA the authority to take both administrative and judicial enforcement actions. The agency initiates and carries out administrative enforcement actions while judicial...
Under Title IV-E of the Social Security Act, states, territories, and tribes are entitled to claim partial federal reimbursement for the cost of providing foster care, adoption assistance, and kinship guardianship assistance to children who meet federal eligibility criteria. The Title IV-E program, as it is commonly called, provides support for monthly payments on behalf of eligible children, as well as funds for related case management activities, training, data collection, and other costs of program administration. For FY2013, states spent $12.3 billion under the Title IV-E program (both...
Medicaid Prescription Drug Pricing and Policy
Medicaid is a federal-state entitlement program that pays for health care and related services on behalf of certain low-income individuals. Prescription drugs are an optional Medicaid benefit and all states cover outpatient drugs. States can create formularies, or lists of preferred drugs, but federal rules tend to result in comprehensive coverage, even for beneficiaries enrolled in Medicaid managed care plans. Pharmaceutical manufacturers that voluntarily participate in Medicaid are required to pay rebates to states on covered outpatient drugs, which help Medicaid receive manufacturers’...
Unemployment Insurance: Legislative Issues in the 113th Congress
The 113th Congress continues to face numerous issues related to unemployment insurance programs: Unemployment Compensation (UC), the temporary, now-expired Emergency Unemployment Compensation (EUC08), and Extended Benefits (EB). With the national unemployment rate decreasing but still high, the interest in extended unemployment benefits continues at elevated levels.
P.L. 112-240 extended the authorization for the EUC08 program until the week ending on or before January 1, 2014 (December 28, 2013, for most states). In addition, P.L. 112-240 extended the 100% federal financing of the EB...
Summary of the Small Business Health Insurance Tax Credit Under ACA
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) includes a number of provisions intended to improve access to small group health insurance coverage. One of the provisions is the small business health insurance tax credit. Certain non-profit and for-profit small employers may be eligible for the credit, provided they cover at least 50% of the cost of each of their employees’ self-only health insurance premiums.
Beginning in 2014, the credit is generally available only to qualifying employers that purchase health insurance coverage through a small business...
Leverage Ratios in Bank Capital Requirements
This report provides a summary of leverage ratios used in bank capital requirements. It also explains the concept of leverage and the rationale behind a leverage ratio.
The Earned Income Tax Credit (EITC): Legislation in the 113th Congress
The Earned Income Tax Credit (EITC) is a refundable tax credit available to eligible workers earning relatively low wages. (Because the credit is refundable, an EITC recipient need not owe taxes to receive the benefit.) Under current law, the EITC is calculated based on a recipient’s earnings, using one of eight different formulas, which vary depending on several factors, including the number of qualifying children a tax filer has (zero, one, two, or three or more) and his or her marital status (unmarried or married).
All else being equal, the amount of the credit tends to increase with...
Small Business Health Options Program (SHOP) Exchange
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended) includes a number of provisions intended to improve access to health insurance coverage. Among these are provisions that apply to the small group market to address perceived problems in the market, including low offer rates among smaller employers and the sometimes prohibitive cost of health plans available in the small group market.
The small business health option program (SHOP) exchanges are among the ACA provisions directed at the small group market. SHOP exchanges are marketplaces where private health...
Drought Policy, Response, and Preparedness
This report examines the various ways Congress and other federal, state, and local policymakers are considering to prepare for and respond to drought; how to coordinate actions and assign responsibilities; and who bears the costs of impacts, disaster response, and long-term adjustment to drought.
Congress has long been concerned with the well-being of older youth in foster care and those who have recently emancipated from care without going to a permanent home. Research on this population is fairly limited, and the few studies that are available have focused on youth who live in a small number of states. This research has generally found that youth who spend time in foster care during their teenage years tend to have difficulty as they enter adulthood and beyond.
The Chafee Foster Care Independence Act (P.L. 106-169), enacted in 1999, specified that state child welfare agencies...
Intelligence Whistleblower Protections: In Brief
Intelligence whistleblowers are generally Intelligence Community (IC) employees or contractors who bring to light allegations of agency wrongdoings by, for example, disclosing information on such wrongdoings to congressional intelligence committees. Such disclosures can aid oversight of, or help curb misconduct within, intelligence agencies. However, intelligence whistleblowers could face retaliation from their employers for their disclosures, and the fear of such retaliation may deter whistleblowing. Congress and President Obama have taken measures to protect certain intelligence...
Medicare is the nation’s health insurance program for individuals aged 65 and over and certain disabled persons. Medicare consists of four distinct parts: Part A, or Hospital Insurance (HI); Part B, or Supplementary Medical Insurance (SMI); Part C, or Medicare Advantage (MA); and Part D, the outpatient prescription drug benefit. The Part A program is financed primarily through payroll taxes levied on current workers and their employers; these are credited to the HI trust fund. The Part B program is financed through a combination of monthly premiums paid by current enrollees and general...
State CO2 Emission Rate Goals in EPA’s Proposed Rule for Existing Power Plants
On June 18, 2014, the Environmental Protection Agency (EPA) published a proposed rulemaking that would establish guidelines for states to use when developing plans that address carbon dioxide (CO2) emissions from existing fossil fuel-fired electric generating units. The proposal creates CO2 emission rate goals—measured in pounds of CO2 emissions per megawatt-hour (MWh) of electricity generation—for each state to achieve by 2030 and an interim goal to be achieved “on average” between 2020 and 2029. EPA estimates that if the states achieve their individual emission rate goals in 2030, the...
House Committee Jurisdiction and Referral: Rules and Practice
Committee jurisdiction is determined by a variety of factors. Paramount is House Rule X, which designates the subject matter within the purview of each standing committee. House Rule X, however, is both largely broad and the product of an era in which governmental activity was not so extensive and relations among policies not so intertwined as now. Most of Rule X was drawn from 19th and 20th century precedents and codified in the Legislative Reorganization Act of 1946. Although the rule underwent modest revisions in 1974 and 1980, as well as more extensive changes in the 104th and 109th...
Procedural Distinctions Between the House and the Committee of the Whole
Congressional Research Service 7-5700 www.crs.gov 98-143 Summary The Committee of the Whole House on the state of the Union, generally referred to as the Committee of the Whole, is a parliamentary device provided for under House rules to allow the House to operate as a committee on which every Member of the House serves. Through this practice, dating to colonial and English antecedents, the House is able to realize a procedural benefit from having established two somewhat different sets of rules to govern consideration of various types of measures. Measures placed on the Union Calendar...
The Preventing Sex Trafficking and Strengthening Families Act (H.R. 4980), an omnibus bill that includes both child welfare and child support provisions, was signed into law on September 29, 2014, as P.L. 113-183. The bill received broad congressional support, passing the House by voice vote (under suspension of the rules) on July 23, 2014, and the Senate by unanimous consent on September 18, 2014.
P.L. 113-183 amends the federal foster care program to require state child welfare agencies to develop and implement procedures for identifying, documenting in agency records, and determining...
Cybercrime: A Sketch of 18 U.S.C. 1030 and Related Federal Criminal Laws
The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, outlaws conduct that victimizes computer systems. It is a cyber security law. It protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills cracks and gaps in the protection afforded by other federal criminal laws. This is a brief sketch of CFAA and some of its federal statutory companions, including the amendments found in the Identity...
Same-Sex Marriage: A Legal Background After United States v. Windsor
This report discusses the recognition of same-sex marriage that generates debate on both the federal and state levels.
Ebola: Basics About the Disease
Will be suppressed. In March 2014, global health officials recognized an outbreak of Ebola virus disease (EVD) in Guinea, West Africa. In retrospect, officials determined that the outbreak began in December 2013, and spread to the adjacent countries of Liberia and Sierra Leone. In September 2014, the U.S. Centers for Disease Control and Prevention (CDC) confirmed the first EVD case diagnosed in the United States, heightening concerns among some who fear the disease could spread in American communities. This report discusses EVD in general, including symptoms, modes of transmission,...
Extending Unemployment Compensation Benefits During Recessions
This report describes the history of temporary federal extensions to unemployment benefits from 1980 to the present. Among these extensions is the Emergency Unemployment Compensation (EUC08) program created by P.L. 110-252 (amended by P.L. 110-449, P.L. 111-5, P.L. 111-92, P.L. 111-118, P.L. 111-144, P.L. 111-157, P.L. 111-205, P.L. 111-312, P.L. 112-78, P.L. 112-96, and P.L. 112-240).
This report contains five sections. The first section provides background information on unemployment compensation (UC) benefits. It also provides a brief summary of UC benefit exhaustion and how exhaustion...
The WTO Brazil-U.S. Cotton Case
On October 1, 2014, Brazil and the United States reached an agreement to resolve the long-running cotton dispute in the World Trade Organization (WTO). The two countries signed a new memorandum of understanding (MOU) that spelled out the terms of the agreement: Brazil relinquishes its rights to countermeasures against U.S. trade or any further proceedings in the dispute; the United States agreed to new rules governing fees and tenor for the GSM-102 export credit guarantee program; Brazil agreed to a temporary Peace Clause with respect to any new WTO actions against U.S. cotton support...
Deferred Action for Childhood Arrivals (DACA): Frequently Asked Questions
On June 15, 2012, the Department of Homeland Security (DHS) announced that certain individuals who were brought to the United States as children and meet other criteria would be considered for relief from removal for two years, subject to renewal, under an initiative known as Deferred Action for Childhood Arrivals, or DACA. Among the eligibility requirements, an individual must have been under age 16 at the time of his or her entry into the United States; must have been continuously resident in the United States since June 15, 2007; and must not have been in lawful immigration status on...
Dark Pools in Equity Trading: Policy Concerns and Recent Developments
The term “dark pools” generally refers to electronic stock trading platforms in which pre-trade bids and offers are not published and price information about the trade is only made public after the trade has been executed. This differs from trading in so-called “lit” venues, such as traditional stock exchanges, which provide pre-trade bids and offers publicly into the consolidated quote stream widely used to price stocks.
Dark pools arose partly due to demand from institutional investors seeking to buy or sell big blocks of shares without sparking large price movements. The volume of...
Highway Bridge Conditions: Issues for Congress
Of the 608,000 public road bridges in the United States, about 64,000 (10%) were classified as structurally deficient in 2013, and another 84,000 (14%) were classified as functionally obsolete. The number of structurally deficient and functionally obsolete bridges has been declining steadily for more than two decades, and those that remain are not necessarily unsafe. Nonetheless, several high-profile bridge failures, including the 2013 collapse of a bridge on Interstate 5 in Washington State, have drawn public attention to the condition of bridges on federal-aid highways.
As it debates...
Common Core State Standards: Frequently Asked Questions
Over the last two decades, there has been interest in developing federal policies that focus on student outcomes in elementary and secondary education. Perhaps most prominently, the enactment of the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110), which amended and reauthorized the Elementary and Secondary Education Act (ESEA), marked a dramatic expansion of the federal government’s role in supporting standards-based instruction and test-based accountability, thereby increasing the federal government’s involvement in decisions that directly affect teaching and learning.
Under the...
Delayed Federal Grant Closeout: Issues and Impact
Federal outlays for grants to state and local governments have grown from $15.4 billion in 1940 (in constant FY2009 dollars) to $509.7 billion in 2013 (in constant FY2009 dollars). The number of congressionally authorized grant programs has also increased over time, with over 2,179 congressionally authorized grant programs currently being administered by federal agencies. Recently, congressional interest has focused on the efficient and effective management of federal grant programs. A recent congressional hearing evaluated the impact of alleged inefficient grant management which,...
The Federal Trade Commission Act established the Federal Trade Commission (FTC or Commission) in 1914. The protection of consumers from anticompetitive, deceptive, or unfair business practices is at the core of the FTC’s mission. As part of that mission, the FTC has been at the forefront of the federal government’s efforts to protect sensitive consumer information from data breaches and regulate cybersecurity. As the number of data breaches has soared, so too have FTC investigations into lax data security practices. The FTC has not been delegated specific authority to regulate data...
Cooling Water Intake Structures: Summary of the EPA Rule
Thermoelectric generating plants and manufacturing facilities withdraw large volumes of water for production and, especially, to absorb heat from their industrial processes. Water withdrawals by power producers and manufacturers represent more than one-half of water withdrawn daily for various uses in the United States. Although water withdrawal is a necessity for these facilities, it also presents special problems for aquatic resources. In particular, the process of drawing surface water into the plant through cooling water intake structures (CWIS) can simultaneously pull in fish,...
Asylum and Gang Violence: Legal Overview
The recent increase in the number of unaccompanied alien children (UACs) apprehended at the border between Mexico and the United States has raised questions about the role that gang-related violence in Central America may play in determining whether such children are eligible for refugee status and asylum. Only aliens who are “refugees,” as that term is defined by the Immigration and Nationality Act (INA), qualify for potential refugee status or asylum (two forms of discretionary relief that could enable UACs to enter or remain in the United States).
The INA’s definition, in turn,...
A Primer on the Reviewability of Agency Delay and Enforcement Discretion
Congress regularly authorizes and requires administrative agencies to implement and enforce regulatory programs. As such, agencies routinely make decisions about when to promulgate regulations and when to enforce statutory requirements against parties who violate the law.
During the 113th Congress, the Obama Administration announced that certain federal agencies would not enforce specific aspects of the Affordable Care Act (ACA) for a period of time in order to allow the public to further prepare for proper compliance with the law in the future. This has led to numerous questions...
Common Core State Standards and Assessments: Background and Issues
Over the last two decades, there has been interest in developing federal policies that focus on student outcomes in elementary and secondary education. Perhaps most prominently, the enactment of the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110), which amended and reauthorized the Elementary and Secondary Education Act (ESEA), marked a dramatic expansion of the federal government’s role in supporting standards-based instruction and test-based accountability, thereby increasing the federal government’s involvement in decisions that directly affect teaching and learning.
Under the...
Special Immigrant Juveniles: In Brief
Abused, neglected, or abandoned children who also lack authorization under immigration law to reside in the United States (i.e., unauthorized aliens) raise complex immigration and child welfare concerns. In 1990, Congress created an avenue for unauthorized alien children who become dependents of the state juvenile courts to remain in the United States legally and permanently. Any child or youth under the age of 21 who was born in a foreign country; lives without legal authorization in the United States; has experienced abuse, neglect, or abandonment; and meets other specified eligibility...
In late January 2014, a group of students who play football for Northwestern University filed a representation petition with the National Labor Relations Board (NLRB). The students are seeking to be represented by the College Athletes Players Association (CAPA), a newly created labor organization. CAPA contends that college football and basketball players, particularly those who compete in Division I of the National Collegiate Athletic Association (NCAA), are essentially employees given the amount of time they commit to athletics, the revenue they generate for their schools, and their...
Social Networking and Constituent Communications: Members’ Use of Vine in Congress
In the past 10 years, the rise of social media has expanded the number of options available for communication between Members of Congress and their constituents. Virtually all Members, including all 100 Senators, use Twitter as a tool to communicate legislative, policy, and official actions to interested parties; and the use of other forms of social media, including Facebook, has also proliferated.
The adoption of these technologies has enhanced the ability of Members of Congress to fulfill their representational duties by providing greater opportunities for constituents to communicate...
Social Security: Trust Fund Investment Practices
The Social Security Act has always required surplus Social Security revenues (revenues in excess of program expenditures) to be invested in U.S. government securities (or U.S. government-backed securities). In recent years, attention has been focused on alternative investment practices in an effort to increase the interest earnings of the trust funds, among other goals. This report describes Social Security trust fund investment practices under current law.
Improper Payments in High Priority Programs: In Brief
The Improper Payments Information Act (IPIA) of 2002 defines improper payments as payments that should not have been made or that were made in an incorrect amount, including both overpayments and underpayments. This definition includes payments made to ineligible recipients, duplicate payments, payments for a good or service not received, and payments that do not account for credit for applicable discounts. Since FY2004, federal agencies have been required to report on the amount of improper payments they issue each year and take steps to address the root causes of the problem. The data...
Air Quality Issues and Animal Agriculture: EPA’s Air Compliance Agreement
From an environmental quality standpoint, much of the interest in animal agriculture has focused on impacts on water resources, because animal waste, if not properly managed, can harm water quality through surface runoff, direct discharges, spills, and leaching into soil and groundwater. A more recent issue is the contribution of emissions from animal feeding operations (AFO), enterprises where animals are raised in confinement, to air pollution. AFOs can affect air quality through emissions of gases such as ammonia and hydrogen sulfide, particulate matter, volatile organic compounds,...
S. 1961 and H.R. 4024: Legislative Responses to a Chemical Storage Facility Spill
In January 2014, an estimated 10,000 gallons of 4-methylcyclohexanemethanol (MCHM) and other chemicals leaked from a bulk aboveground storage tank at a chemical storage facility located upstream from the intake pipes of the water treatment plant serving Charleston, WV, and nearby counties. In the wake of the resulting contamination of this large public water supply, Congress has undertaken oversight and is considering legislative options.
The chemical storage tank at the center of the West Virginia incident appears to not have been subject to regulation under various federal or state laws...
Emergency Unemployment Compensation (EUC08): Status of Benefits Prior to Expiration
Until its expiration at the end of December 2013, the temporary Emergency Unemployment Compensation (EUC08) program provided additional federal unemployment insurance benefits to eligible individuals who had exhausted all available benefits from their state Unemployment Compensation (UC) programs. Congress created the EUC08 program in 2008 and amended the original, authorizing law (P.L. 110-252) 11 times. No EUC08 benefits are currently available.
The last extension of EUC08 under P.L. 112-240, the American Taxpayer Relief Act of 2012, authorized EUC08 benefits until the week ending on or...
Summary Cost Data for Federally-Facilitated Exchanges, 2014
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect costs associated with plans sold through the health insurance exchanges established under ACA, both in terms of premiums and cost-sharing measures. CRS developed a fact sheet for each of the federally-facilitated exchanges that offer private health plans to individuals and families. Each fact sheet provides summary data about the range of costs and options for plans in a specific state’s marketplace.
In general, the ACA provisions that may affect exchange premiums...
Reducing the Budget Deficit: Overview of Policy Issues
The federal budget deficit was the largest it has been since World War II as a percentage of GDP from 2009 to 2012, peaking at 10.1% of GDP. This occurred because spending reached its highest share of GDP since 1945 and revenues reached their lowest share of GDP since 1950. Since then, the deficit has declined to a projected 2.8% of GDP in 2014, which is still above the 1946 to 2008 average. Over the next 25 years, deficits are projected to become very large again under current law.
The recent decline in the deficit is partly due to improvements in the economy, the expiration of temporary...
Summary Cost Data for Health Plans Available in Wisconsin’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Wisconsin’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Wyoming’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Wyoming’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in West Virginia’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in West Virginia’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
2014 Quadrennial Homeland Security Review: Evolution of Strategic Review
The quadrennial homeland security review is a process in which DHS examines the nation's homeland security strategy; the report provides an explanation of this process. Neither the review process nor the report to Congress is a strategy, instead the 2014 QHSR (both the process and report) are part of the constant reevaluation of the nation's homeland security and part of the process by which the combined National and Homeland Security Staff develops the next iteration of the national security strategy.
Summary Cost Data for Health Plans Available in Virginia’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Virginia’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Utah’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Utah’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
“Womenomics” in Japan: In Brief
Japan women womenomics abenomics economy structural reforms gender gap marriage birth rate demographics equality immigration Confronted with decades of economic stagnation, strict immigration controls, and a rapidly aging population, Japanese Prime Minister Shinzo Abe has launched an ambitious plan—widely known as “Abenomics”—to restart Japan’s economy. The program has three main components: a large fiscal stimulus that was injected into the economy in early 2013; expansionary monetary policy that also began in 2013 and continues today; and a series of planned structural economic reforms,...
Nominations to Cabinet Positions During Inter-Term Transitions Since 1984
Under the Constitution, high-level leadership positions in the executive branch are filled through appointment by the President “by and with the Advice and Consent of the Senate.” These posts include most of the approximately two dozen that form the President’s Cabinet, which is an institution established by custom, rather than by law. In recent decades, it has become customary for each two-term President to reshuffle his Cabinet during the inter-term transition—the transition that takes place at the end of a President’s first term in office and beginning of his second term. Typically...
Summary Cost Data for Health Plans Available in South Carolina’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in South Carolina’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Michigan’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Michigan’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Pennsylvania’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Pennsylvania’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Delaware’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Delaware’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Florida’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Florida’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Export-Import Bank (Ex-Im) and the Federal Budget
This report briefly examines budgetary considerations regarding the Export-Import Bank, which finances and ensures U.S. exports of goods and services on a demand driven basis.
Privacy Protection for Customer Financial Information
One of the functions transferred to the Consumer Financial Protection Bureau (CFPB) under P.L. 111-203, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), is authority to issue regulations and take enforcement actions under the two major federal statutes that specify conditions under which customer financial information may be shared by financial institutions: Title V of the Gramm-Leach-Bliley Act of 1999 (GLBA, P.L. 106-102) and the Fair Credit Reporting Act (FCRA). Possible topics for congressional oversight in the 113th Congress include (1) the transition of...
Hatch Act: Candidacy for Office by Federal Employees in the Executive Branch
The federal law commonly known as the “Hatch Act” applies to all federal officers and employees—other than the President and Vice President—in the agencies, departments, bureaus, and offices of the executive branch of the federal government. Under the significant amendments made to the law in 1993, the Hatch Act now generally permits most federal employees to engage in a wide range of voluntary, partisan political activities on their own off-duty time and away from the federal workplace. Some employees in specified agencies and positions, including those dealing with law enforcement and...
Syria: Overview of the Humanitarian Response
The ongoing conflict in Syria has created one of the most pressing humanitarian crises in the world. More than three years later, as of mid-June 2014, an estimated 9.3 million people inside Syria, nearly half the population, have been affected by the conflict, with nearly 6.5 million displaced. In addition, 2.8 million Syrians are displaced as refugees, with 97% fleeing to countries in the immediate surrounding region, including Turkey, Lebanon, Jordan, Iraq, Egypt, and other parts of North Africa. The situation is fluid and continues to worsen, while humanitarian needs are immense and...
High-Frequency Trading: Background, Concerns, and Regulatory Developments
High-frequency trading (HFT) is a broad term without a precise legal or regulatory definition. It is used to describe what many characterize as a subset of algorithmic trading that involves very rapid placement of orders, in the realm of tiny fractions of a second. Regulators have been scrutinizing HFT practices for years, but public concern about this form of trading intensified following the April 2014 publication of a book by author Michael Lewis. The Federal Bureau of Investigation (FBI), Department of Justice (DOJ), Securities and Exchange Commission (SEC), Commodity Futures Trading...
Summary Cost Data for Health Plans Available in South Dakota’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in South Dakota’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Tennessee’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Tennessee’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Texas’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Texas’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Disposal of Unneeded Federal Buildings: Legislative Proposals in the 113th Congress
Real property disposal is the process by which federal agencies identify and then transfer, donate, or sell real property they no longer need. Disposition is an important asset management function because the costs of maintaining unneeded properties can be substantial, consuming financial resources that might be applied to long-standing real property needs, such as repairing existing facilities, or other pressing policy issues, such as reducing the national debt.
Despite the expense, federal agencies hold thousands of unneeded and underutilized properties. Agencies have argued that they...
Medicare Physician Payment Updates and the Sustainable Growth Rate (SGR) System
The Sustainable Growth Rate (SGR) is the statutory method for determining the annual updates to the Medicare physician fee schedule (MPFS). Under the SGR formula, if expenditures over a period are less than the cumulative spending target for the period, the annual update is increased. However, if spending exceeds the cumulative spending target over a certain period, future updates are reduced to bring spending back in line with the target.
In the first few years of the SGR system, the actual expenditures did not exceed the targets and the updates to the physician fee schedule were close to...
Metropolitan Area Designations by OMB: History, 2010 Standards, and Uses
On June 28, 2010, the U.S. Office of Management and Budget (OMB) announced its uniform criteria, or “standards,” for delineating metropolitan and micropolitan statistical areas in the decade 2010 to 2020. Together, these areas are known informally as “metropolitan areas” and officially as “core-based statistical areas” (CBSAs); “core” refers to a large population concentration that is socially and economically integrated with surrounding territory. Also announced were the standards for delineating New England city and town areas (NECTAs), which are conceptually similar to CBSAs. The 2010...
The Federal Estate, Gift, and Generation-Skipping Transfer Taxes
This report contains an explanation of the major provisions of the federal estate, gift, and generation-skipping transfer taxes as they apply to transfers in 2014. The following discussion provides basic principles regarding the computation of these three transfer taxes.
The federal estate and generation-skipping transfer taxes were resurrected by the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (P.L. 111-312) after a hiatus of one year (2010). The American Taxpayer Relief Act of 2012 (ATRA) permanently extended the estate tax rules enacted by the 2010...
Estate and Gift Taxes for Nonresident Aliens
This report explains the major provisions of the federal estate and gift transfer taxes as they apply to transfers by nonresident aliens in 2014. Estate and gift taxes are two federal transfer taxes imposed on the passing of property title from one person or entity to another. The federal estate tax is levied on the transfer of property at death, while the federal gift tax is levied on the transfer of property during life by one individual to another while receiving nothing or less than full value in return. The following discussion provides basic principles regarding the computation of...
Once a nomination to a U.S. circuit court of appeals or district court judgeship is submitted to the Senate by the President, the Senate almost invariably refers it to the Senate Judiciary Committee. If the Judiciary Committee schedules a vote on a nominee, it usually will vote on a motion to report the nomination favorably. However, the committee could also vote on a motion to report without recommendation, to report unfavorably, or to table the nomination. If the committee votes to report—whether favorably, without recommendation, or unfavorably—the nomination moves to the full Senate....
In 1978, the Department of the Interior (Department) adopted a final rule setting forth the process by which a group may be recognized (also acknowledged) as an Indian tribe by the Department. Prior to that time, the Department made decisions on an ad hoc basis. However, in the wake of the treaty fishing rights case United States v. Washington and eastern land claims, more groups started seeking recognition as Indian tribes, and the Department could no longer manage the recognition requests on a case-by-case basis. The acknowledgement process, codified in 25 C.F.R. Part 83, sets forth a...
Congress has created a variety of federal agencies to execute the law. To this end, agencies may adopt rules to implement laws and adjudicate certain disputes arising under such laws. As such, agencies enjoy considerable power to regulate different industries and affect the legal rights of people. In order to control the manner in which agencies operate, Congress has passed numerous statutes that impose procedural requirements on federal agencies. The Administrative Procedure Act, for example, dictates the procedures an agency must follow to establish a final, legally binding rule. Other...
Publications of the U.S. Senate
The U.S. Senate produces several publications relating to the legislative functions of the Senate. They include, but are not limited to, publications dealing with rules and procedures, bills, anticipated and past legislative activities, committee matters, and chamber proceedings. This report provides a brief description of these publications.
House Office of General Counsel
The Office of General Counsel of the House of Representatives provides legal assistance and representation to Members, committees, officers, and employees of the House of Representatives on matters pertaining to their official duties. These services may include advising offices on confidentiality issues, release of constituent information, requests from executive branch agencies, and the issuance and response to subpoenas. The office is led by the House General Counsel, who is appointed by the Speaker of the House in consultation with the Bipartisan Legal Advisory Group. The professional...
Publications of the U.S. House of Representatives
The U.S. House of Representatives produces several publications relating to the legislative functions of the House. They include, but are not limited to, publications dealing with rules and procedures, bills, anticipated and past legislative activities, committee matters, and chamber proceedings. This report provides a brief description of these publications.
Publications of Congressional Committees: A Summary
House and Senate committees publish a variety of documents dealing with legislative and other policy issues, investigations, and internal committee matters. These include committee hearings; legislative, investigative, conference committee, and committee activity reports; calendars; and committee prints. These publications are usually available from the issuing committee, the House or Senate document rooms, and increasingly, from committee websites as well. For more information on congressional operations, see http://crs.gov/analysis/Pages/CongressionalOperations.aspx.
Summary Cost Data for Health Plans Available in Ohio’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Ohio’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Nebraska’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Nebraska’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in New Hampshire’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in New Hampshire’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in New Jersey’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in New Jersey’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Oklahoma’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Oklahoma’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in New Mexico’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in New Mexico’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Everglades Restoration: CERP and the Central Everglades Planning Project (CEPP)
This report provides definition for everglades, describes what is the Comprehensive Everglades Restoration Plan (CERP), and discusses the restoration of everglades project.
U.S. Circuit Court Judges: Profile of Professional Experiences Prior to Appointment
This report provides an analysis of the professional qualifications and experiences of U.S. circuit court judges who are currently serving on the federal bench. Interest in the professional qualifications of those nominated to the federal judiciary has been demonstrated by Congress and others. Congressional interest in the professional experiences of those nominated by a President to the federal courts reflects, in part, the evaluative role of Congress in examining the qualifications of those who are nominated to life-tenure positions. Other organizations, such as the American Bar...
Provisions in the Bipartisan Budget Act of 2013 as an Alternative to a Traditional Budget Resolution
The Bipartisan Budget Act of 2013 (P.L. 113-67) included as Title I, Subtitle B, a section titled, “Establishing a Congressional Budget” designed to serve as a substitute for a traditional congressional budget resolution for FY2014 and potentially for FY2015. This report provides an explanation of such provisions, highlights how those provisions compare with a traditional budget resolution, and places them within the context of the budget process for FY2014 and FY2015.This report assumes a general understanding of the congressional budget process. For more information on the budget...
Low-Income Assistance Programs: Trends in Federal Spending
This report examines the spending trends of 10 major need-tested benefit programs or groups of programs: (1) health care from Medicaid and the Children’s Health Insurance Program (CHIP); (2) the refundable portion of the health insurance tax credit enacted in the 2010 health care reform law; (3) the Supplemental Nutrition Assistance Program (SNAP); (4) assisted housing; (5) financial assistance for post-secondary students (Pell Grants); (6) compensatory education grants to school districts; (7) the Earned Income Tax Credit (EITC); (8) the Additional Child Tax Credit (ACTC); (9)...
Summary Cost Data for Health Plans Available in North Carolina’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in North Carolina’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Traditional Benefits and Alternative Benefit Plans Under Medicaid
The Medicaid program, which served an estimated 56.7 million people in FY2012, finances the delivery of a wide variety of preventive, primary, and acute care services as well as long-term services and supports for certain low-income populations. Benefits are available to beneficiaries through two avenues: traditional coverage and alternative benefit plans (ABPs, formerly known as benchmark plans, first established in P.L. 109-171, the Deficit Reduction Act of 2005).
The traditional Medicaid program covers a wide variety of mandatory services (e.g., inpatient hospital services, lab/x-ray...
Summary Cost Data for Health Plans Available in Montana’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Montana’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Missouri’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Missouri’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Idaho’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Idaho’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Mississippi’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Mississippi’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in North Dakota’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in North Dakota’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Apprehensions of Unauthorized Migrants along the Southwest Border: Fact Sheet
This fact sheet provides information regarding the number of unauthorized migrants apprehended between ports of entry along the Southwest border from FY2000 to FY2013. It includes
trends in apprehension numbers across the Southwest border patrol sectors since FY2000; and
a breakdown of apprehensions of nationals from Mexico and nationals from countries other than Mexico along the Southwest border patrol sectors.
Health Insurance Premium Credits in the Patient Protection and Affordable Care Act (ACA) in 2014
New federal tax credits, authorized under the Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended), first became available in 2014 to help certain individuals pay for health insurance. The tax credits apply toward premiums for private health plans offered through “exchanges” (also referred to as health insurance marketplaces). ACA also establishes subsidies to reduce cost-sharing expenses.
Exchanges have been established in every state, either by the state itself or by the Secretary of Health and Human Services (HHS), as required under ACA. Exchanges are not insurers,...
Summary Cost Data for Health Plans Available in Indiana’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Indiana’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Maine’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Maine’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Kansas’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Kansas’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Louisiana’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Louisiana’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Community Development Block Grants and Related Programs: A Primer
The Community Development Block Grant (CDBG) program, administered by the Department of Housing and Urban Development (HUD), was first authorized by Title I of the Housing and Community Development Act of 1974, P.L. 93-383 (42 U.S.C. 5301, et seq.). The program is one of the largest and longest-standing federal block grants in existence, annually allocating billions of dollars in federal assistance to state and local governments in support of local neighborhood revitalization, housing rehabilitation, and community and economic development efforts. During the program’s 40-year existence,...
Summary Cost Data for Health Plans Available in Illinois’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Illinois’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Georgia’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Georgia’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Iowa’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Iowa’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
SNAP and Related Nutrition Provisions of the 2014 Farm Bill (P.L. 113-79)
After action to reauthorize the 2008 farm bill in both the 112th and 113th Congresses, the Agriculture Act of 2014 (P.L. 113-79; 2014 farm bill) was enacted on February 7, 2014. In addition to farm programs and other agricultural policies, this newest omnibus farm bill reauthorizes the Supplemental Nutrition Assistance Program (SNAP) and other related nutrition programs. Farm bills since 1973 have included reauthorization of the Food Stamp Program (now called SNAP).
The enacted 2014 law reconciles differences between the House-passed bill (H.R. 2642, as combined with H.R. 3102, Nutrition...
Obstruction of Justice: An Abridged Overview of Related Federal Criminal Laws
Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime. In fact, it is several crimes. Obstruction prosecutions regularly involve charges under several statutory provisions. Federal obstruction of justice laws are legion; too many for even passing reference to all of them in a single report.
The general obstruction of justice provisions are six: 18 U.S.C. 1512 (tampering with federal witnesses), 1513 (retaliating against federal witnesses), 1503 (obstruction of pending federal court proceedings),...
Obstruction of justice is the impediment of governmental activities. There are a host of federal criminal laws that prohibit obstructions of justice. The six most general outlaw obstruction of judicial proceedings (18 U.S.C. 1503), witness tampering (18 U.S.C. 1512), witness retaliation (18 U.S.C. 1513), obstruction of congressional or administrative proceedings (18 U.S.C. 1505), conspiracy to defraud the United States (18 U.S.C. 371), and contempt (a creature of statute, rule and common law).
The laws that supplement, and sometimes mirror, the basic six tend to proscribe a particular...
Overview of Health Care Changes in the FY2015 House Budget
On April 1, 2014, House Budget Committee Chairman Paul Ryan released the chairmans mark of the FY2015 House budget resolution together with his non-binding report entitled The Path to Prosperity: Fiscal Year 2015 Budget Resolution, which outlines his budgetary objectives. The House Budget Committee considered and amended the chairmans mark on April 2, 2014, and voted to report the budget resolution to the full House. H.Con.Res. 96 was introduced in the House April 4, 2014, and was accompanied by the committee report (H.Rept. 113-403). H.Con.Res. 96 was agreed to by the House on April 10,...
Summary Cost Data for Health Plans Available in Alaska’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Alaska’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Alabama’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Alabama’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Arkansas’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Arkansas’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Summary Cost Data for Health Plans Available in Arizona’s Exchange, 2014: Fact Sheet
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) contains a number of provisions that may affect the individual health insurance market. This fact sheet offers a first look at selected costs and options for individual and family plans in Arizona’s exchange, providing information about individual and family premiums for selected ages, as well as two cost-sharing measures: medical deductible and maximum out-of-pocket expenses.
Campaign Contribution Limits: Selected Questions About McCutcheon and Policy Issues for Congress
Recently invalidated aggregate limits on federal campaign contributions capped the total amount that one can give to all candidates, parties, or political action committees (PACs). For the 2014 election cycle, the aggregate limit for individual contributions was $123,200.The Supreme Court of the United States struck down the aggregate limits on April 2, 2014. Alabama contributor Shaun McCutcheon and the Republican National Committee (RNC) brought the case, McCutcheon v. FEC, after the aggregate limits prevented McCutcheon from contributing as desired to federal candidates and parties...
Federal Support for Streetcars: Frequently Asked Questions
Streetcars, a type of rail public transportation, are experiencing a revival in the United States. Also known as trolleys, streetcars were widespread in the early decades of the 20th century, but almost extinct by the 1960s. Several new streetcar systems have been built over the past 20 years, and many more are being planned. In early 2014, there were 12 operating streetcar systems, 7 new systems under construction, and approximately 21 new systems in the planning stages. Many streetcars systems, though not all, have been built or are being built with the support of federal funds.
This...
Survivor Benefits for Families of Civilian Federal Employees and Retirees
Federal employees with permanent appointments may be eligible for retirement and disability benefits under either the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). Most federal employees initially hired into permanent federal employment on or after January 1, 1984, are covered by FERS. Employees hired before January 1, 1984, are covered by CSRS unless they chose to switch to FERS during open seasons held in 1987 and 1998. Both FERS and CSRS provide survivor benefits for spouses and dependent children of employees and retirees. Survivors who had...
Credit for Military Service Under Civilian Federal Employee Retirement Systems
Federal employees with permanent appointments earn pension benefits under one of two retirement plans. Employees hired after 1983 participate in the Federal Employees’ Retirement System (FERS). Employees hired before 1984 participate in the Civil Service Retirement System (CSRS) unless they elected to transfer to the FERS during open seasons held in 1987 and 1998. When Congress established the CSRS in 1920, it allowed veterans who subsequently became civilian federal employees to count their years of active-duty military service toward retirement eligibility and pension benefits under...
Net Neutrality: The FCC's Authority to Regulate Broadband Internet Traffic Management
This report discusses the major debate over the government's role in the Internet. Legally, the question appears to be whether the Federal Communications Commission (FCC or Commission) currently has the authority to regulate the ways in which Internet Service Providers (ISPs) manage Internet traffic over their networks.
Congress passed the Digital Millennium Copyright Act (DMCA) in 1998 in an effort to adapt copyright law to emerging digital technologies that potentially could be used to exponentially increase infringing activities online. Title II of the DMCA, titled the “Online Copyright Infringement Liability Limitation Act,” added a new Section 512 to the Copyright Act (Title 17 of the U.S. Code) in order to limit the liability of providers of Internet access and online services that may arise due to their users posting or sharing materials that infringe copyrights. Congress was concerned that without...
Disability Retirement for Federal Employees
Paid sick leave, disability retirement, or workers’ compensation may provide benefits for federal civilian employees during periods of illness, disability, or workplace injury, respectively. Federal civilian employees earn 13 days of paid sick leave per year. Sick leave can be used because of the worker’s own illness or injury or to care for an ill or injured family member. A worker’s employing agency can advance up to 30 additional days of sick leave to an employee who has exhausted his or her accrued sick leave. A federal worker with a long-term disability can separate from service...
The Trend in Long-Term Unemployment and Characteristics of Workers Unemployed for Two Years or More
This report discusses trends in long term unemployment and characteristics such as gender, age, education, marital status of the very long-term for the unemployed.
Department of Housing and Urban Development (HUD): FY2015 Budget Request Overview and Resources
Department of Housing and Urban Development (HUD) FY2015 President’s Budget Request
The Role of TARP Assistance in the Restructuring of General Motors
In 2008 and 2009, collapsing world credit markets and a slowing global economy combined to create the worst market in decades for production and sale of motor vehicles in the United States and other industrial countries. Concern about the economic impact of a possible collapse of large parts of the U.S. automobile industry led both the Bush Administration and Members of Congress to seek legislative avenues to assist the automakers. Ultimately, General Motors Corporation (Old GM) and its successor General Motors Company (New GM) together received more than $50 billion in federal assistance...
Budgetary and Distributional Effects of Adopting the Chained CPI
This report examines the budgetary and distributional effects of using what is referred to as the Chained Consumer Price Index (C-CPI-U or chained CPI) as the official measure of inflation for adjusting federal revenue and spending programs for inflation.
Several other variations of the Consumer Price Index (CPI) are currently used to make automatic adjustments that affect both outlays and revenues. For example, the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) is the basis for adjusting Social Security benefits, while the Consumer Price Index for All Urban...
In February 2013, the House of Representatives announced that there will be an annual Congressional Academic Competition for Science, Technology, Engineering, and Mathematics (STEM) Education. The aim of the competition is to promote entrepreneurship and innovation. The annual competition is open to any enrolled high school or homeschooled student in a participating congressional district.
The first Congressional Academic Competition focuses on developing applications for mobile, tablet, and computer platforms. The 2014 competition is known as the House Student App Challenge. Recognizing...
Table Egg Production and Hen Welfare: Agreement and Legislative Proposals
The United Egg Producers (UEP), the largest group representing egg producers, and the Humane Society of the United States (HSUS), the largest animal protection group, have been adversaries for many years over the use of conventional cages in table egg production. In July 2011, the animal agriculture community was stunned when the UEP and HSUS announced that they had agreed to work together to push for federal legislation to regulate how U.S. table eggs are produced. The agreement between UEP and HSUS called for federal legislation that would set cage sizes, establish labeling requirements,...
The Section 8 low-income housing program is really two programs authorized under Section 8 of the U.S. Housing Act of 1937, as amended: the Housing Choice Voucher program and the project-based rental assistance program. Vouchers are portable subsidies that low-income families can use to lower their rents in the private market. Vouchers are administered at the local level by quasi-governmental public housing authorities (PHAs). Project-based rental assistance is a form of rental subsidy that is attached to a unit of privately owned housing. Low-income families who move into the housing pay...
Early Release for Federal Inmates: Fact Sheet
This fact sheet highlights current authorities available to provide early release for federal inmates. These authorities include good conduct time awarded by the Bureau of Prisons (BOP) under 18 U.S.C. §3624(b); participation in a BOP residential substance abuse treatment program under 18 U.S.C. §3621; and a reduction in sentence under 18 U.S.C. §3582(c)(1)(A).
Public Financing of Presidential Campaigns: Overview and Analysis
The presidential public campaign financing program (the Presidential Election Campaign Fund [PECF]) is funded through “checkoff” designations on individual income tax returns. Choosing to participate (or not) in the checkoff does not affect one’s tax liability or refund. Candidates who choose to participate in the program may receive taxpayer-funded matches of privately raised funds during primary campaigns, and grants during the general-election contest. Public funds also subsidize nominating conventions. The public financing system has remained largely unchanged since the 1970s. However,...
Oversight and Legal Enforcement of the National Mortgage Settlement
In Autumn 2010, all 50 state attorneys general, the attorney general for the District of Columbia, the Conference of State Bank Supervisors, the U.S. Department of Justice (DOJ), the U.S. Department of Housing and Urban Development (HUD), and the U.S. Department of the Treasury (Treasury Department) initiated an investigation into foreclosure-related state and federal law violations by the nation’s top five mortgage servicers: Ally Financial, Inc. (formerly GMAC, Inc.); Bank of America, Corp.; Citigroup, Inc.; JP Morgan Chase & Co.; and Wells Fargo & Co. On February 8, 2012, these state...
Individual Development Accounts (IDAs) are savings accounts to help low-income families and persons save for specified purposes, usually education, purchase of a home, or to start a business. IDA programs match an individual’s contributions, much like retirement 401(k) accounts. The Assets For Independence (AFI) Act, enacted by Congress in 1998, specifically authorizes IDA demonstration programs. Authorization for the AFI program expired at the end of FY2003, though Congress continued to appropriate money for the program. AFI is funded at $19.026 million for FY2014.
International Parental Child Abductions
International child custody disputes are likely to increase in frequency as the global society becomes more integrated and mobile. A child custody dispute between two parents can become a diplomatic imbroglio between two countries. Since 1988, the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention” or “Convention”) has been the principal mechanism for enforcing the return of abducted children to the United States. While the treaty authorizes the prompt return of the abducted child, it does not impose criminal sanctions on the abducting parent....
Eligibility for Social Security Disability Insurance (SSDI) benefits are based on a worker’s insured status, and payment levels are associated with the individual’s career earnings under covered employment. Monthly payments are calculated using a formula that takes into account the period of employment, a worker’s average earnings over that period, and the application of “dropout years.”
To be insured for SSDI benefits, a claimant must have worked a minimum amount of time in covered employment. First, a worker must be “fully insured,” which requires one quarter of coverage for each...
The Supplemental Security Income (SSI) program, authorized by Title XVI of the Social Security Act, is a means-tested income assistance program financed from general tax revenues. Under SSI, disabled, blind, or aged individuals who have low incomes and limited resources are eligible for benefits regardless of their work histories. In December 2013, more than 8.3 million individuals received SSI benefits, receiving monthly payments of $529.15 on average. The SSI program paid out over $4.6 billion in federally administered benefits that month. All but four states and the Commonwealth of the...
Financial Assets and Conflict of Interest Regulation in the Executive Branch
Congressional offices reviewing or conducting oversight concerning the operations of executive agencies and departments, reviewing executive branch nominees for high-level appointments, or responding to constituent inquiries or petitions, may often be confronted with issues and questions of possible “conflicts of interest” of agency officials or nominees. This report summarizes and analyzes the issues of conflicts of interest that are addressed in federal law and regulation regarding officers and employees in the executive branch of the federal government.
Federal conflict of interest laws...
Clean Water Act and Pollutant Total Maximum Daily Loads (TMDLs)
Section 303(d) of the Clean Water Act (CWA) requires states to identify waters that are impaired by pollution, even after application of pollution controls. For those waters, states must establish a total maximum daily load (TMDL) of pollutants to ensure that water quality standards can be attained. A TMDL is both a quantitative assessment of pollution sources and pollutant reductions needed to restore and protect U.S. waters and a planning process for attaining water quality standards. Implementation of Section 303(d) was dormant until states and the Environmental Protection Agency (EPA)...
Social Security: Substantial Gainful Activity for the Blind
In the Social Security disability program, the level of earnings that constitute “substantial gainful activity” (SGA), and therefore disqualifies a person from receiving benefits, is set by regulation at $1,070 a month for 2014. However, the law provides a different SGA level for the blind at $1,800 a month for 2014, which is adjusted annually to reflect growth in average wages. This report discusses the reasons for these differing amounts and proposals to change them. The appendix section of the report charts the difference between the two amounts from 1975 to 2014.
Social Security Reform: Current Issues and Legislation
Social Security reform is an issue of ongoing interest to policy makers. In recent years, Social Security program changes have been discussed in the context of negotiations on legislation to increase the federal debt limit and reduce federal budget deficits. For example, in August 2011, the Budget Control Act of 2011 (P.L. 112-25) established a Joint Select Committee on Deficit Reduction tasked with recommending ways to reduce the deficit by at least $1.5 trillion over the fiscal year period 2012 to 2021. Social Security program changes were among the measures discussed by the Joint...
Compulsory Licensing of Patented Inventions
The term “compulsory license” refers to the grant of permission for an enterprise seeking to use another’s intellectual property without the consent of its proprietor. The grant of a compulsory patent license typically requires the sanction of a governmental entity and provides for compensation to the patent owner. Compulsory licenses in the patent system most often relate to pharmaceuticals and other inventions pertaining to public health, but they potentially apply to any patented invention.
U.S. law allows for the issuance of compulsory licenses in a number of circumstances, and also...
Pharmaceutical Patent Settlements: Issues in Innovation and Competitiveness
Although brand-name pharmaceutical companies routinely procure patents on their innovative medications, such rights are not self-enforcing. Brand-name firms that wish to enforce their patents against generic competitors must therefore commence litigation in the federal courts. Such litigation ordinarily terminates in either a judgment of infringement, which typically blocks generic competition until such time as the patent expires, or a judgment that the patent is invalid or not infringed, which typically opens the market to generic entry.
As with other sorts of commercial litigation,...
Inflation and the Real Minimum Wage: A Fact Sheet
The Labor Standards Act (FLSA) of 1938 established the hourly minimum wage rate at 25 cents for covered workers. Since then, it has been raised 22 separate times, in part to keep up with rising prices. Most recently, in July 2009, it was increased to $7.25 an hour. Because there have been some extended periods between these adjustments while inflation generally has increased, the real value (purchasing power) of the minimum wage has decreased substantially over time.
Status of Mexican Trucks in the United States: Frequently Asked Questions
Border trucking, cross-border trucking, mexican trucks, trucking pilot, Mexico, NAFTA,
Moving to Work (MTW): Housing Assistance Demonstration Program
The Moving to Work (MTW) demonstration program was created by Congress in 1996 to give the U.S. Department of Housing and Urban Development (HUD) and local Public Housing Authorities (PHAs) the flexibility to test alternative policies for providing housing assistance through the nation’s two largest housing assistance programs: the Section 8 Housing Choice Voucher program and the public housing program. The alternative policies are meant to increase the cost-effectiveness of assisted housing programs, promote the self-sufficiency of assisted families, and increase housing choices for...
This report summarizes the evidence on the relationship between tax rates and economic growth, referring in a number of cases to other CRS reports providing more substance and detail. Potentially negative effects of tax rates on economic growth have been an issue in the debates about whether to increase taxes to reduce the deficit and whether to reform taxes by broadening the base to lowering tax rates.
Initially, it is important to make a distinction between the effects of policies aimed at short-term stimulation of an underemployed economy and long-run growth. In the short run, both...
Compensatory Time and the Working Families Flexibility Act of 2013
On May 8, 2013, the House passed H.R. 1406, the Working Families Flexibility Act of 2013. If enacted, this bill would amend the Fair Labor Standards Act (FLSA) to allow private sector employers to provide future paid leave (compensatory time or comp time) in lieu of overtime wages.
Under current law, the FLSA requires employers to pay covered, nonexempt employees one and one-half times their regular hourly wage (“time and a half”) for any hours worked in excess of 40 in a single work week. If enacted, H.R. 1406 would give employers and employees the option to agree to replace overtime...
Winter Fuels Outlook 2013-2014
The Energy Information Administration (EIA), in its Short-Term Energy and Winter Fuels Outlook (STEWFO) for the 2013-2014 winter heating season, projects that American consumers should expect to see heating expenditures that on average will be somewhat higher than last winter. Average expenditures for those heating with natural gas are projected to increase by 13.4%, while those heating with electricity are projected to see an increase in expenditures of about 2.1%. These two fuels serve as the heating source for about 89% of all U.S. household heating. Propane and home heating oil...
Tax-Advantaged Accounts for Health Care Expenses: Side-by-Side Comparison, 2013
Four types of tax-advantaged accounts can be used to pay for unreimbursed qualifying medical expenses: health care flexible spending accounts (FSAs), health reimbursement accounts (HRAs), health savings accounts (HSAs), and medical savings accounts (MSAs). Qualifying unreimbursed medical expenses are defined in the Internal Revenue Code (IRC) and typically include deductibles, copayments, and goods and/or services not covered by insurance. The goods and/or services can include medical services rendered by physicians, surgeons, dentists, and other medical practitioners. The costs of...
Pharmaceutical Supply Chain Security
The drug package that a community pharmacist hands to a patient, or a hospital pharmacist sends to a patient’s bedside, or a physician administers in the medical office has reached the end of a complicated path. That path is called a supply or distribution chain. The upstream portion of the chain includes the journey of each active and inactive ingredient and their chemical components to the manufacturer that creates the finished drug product. The downstream chain, which this report addresses, includes the repackagers, wholesale distributors, associated storage and transport companies,...
Oil and Natural Gas Industry Tax Issues in the FY2014 Budget Proposal
The Obama Administration, in the FY2014 budget proposal, seeks to eliminate a set of tax expenditures that benefit the oil and natural gas industries. Supporters of these tax provisions see them as comparable to those affecting other industries and supporting the production of domestic oil and natural gas resources. Opponents of the provisions see these tax expenditures as subsidies to a profitable industry the government can ill afford, and impediments to the development of clean energy alternatives.
The FY2014 budget proposal outlines a set of proposals, framed as the termination of tax...
On June 1, 2007, the European Union (EU) began to implement a new law governing chemicals in EU commerce: Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH). It is intended to protect human health and the environment from hazardous chemicals while at the same time protecting the competitiveness of European industry. REACH evolved over eight years and reflects compromises reached among EU stakeholders. The final regulation reduces and coordinates EU regulatory requirements for chemicals new to the EU market and increases collection of such information for...
Background on the Scheduled Reduction to Supplemental Nutrition Assistance Program (SNAP) Benefits
The American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5) included an across-the-board increase in benefits provided under the Supplemental Nutrition Assistance Program (SNAP, formerly the Food Stamp program), effective in April 2009. ARRA substantially raised maximum monthly benefits, by 13.6% in FY2009. For a one-person household, the added benefit was $24 a month; for two persons, $44 a month; for three persons (the most typical household), $63 a month; for four persons, $80 a month; and for larger households, higher amounts. As a result, average household SNAP benefits...
Loss of Federal Pensions for Members of Congress Convicted of Certain Offenses
Members of Congress may forfeit or lose their congressional pensions upon conviction of certain federal crimes under two different provisions of federal law:
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Under the so-called “Hiss Act,” Members of Congress (and most other officers and employees of the federal government) will forfeit their entire federal employee retirement annuities if convicted of a federal crime that relates to espionage, treason, or several other national security offenses against the United States.
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In addition to the Hiss Act provisions, Congress enacted, as part of the Honest Leadership and Open Government...
The Framework for Foreign Workers’ Labor Protections Under Federal Law
One challenge of immigration law has been to balance the interests of the domestic workforce with employer interests in hiring foreign workers who are not already authorized to work in the United States while preventing the exploitation of foreign workers. There are three main sources of labor protections for foreign workers in the United States: (1) the conditions imposed on employers hiring foreign workers through the Department of Labor (DOL) labor certification/attestation and DHS petition process; (2) federal labor laws stipulating that employers adhere to certain requirements...
501(c)(3)s and Campaign Activity: Analysis Under Tax and Campaign Finance Laws
The political activities of Section 501(c)(3) organizations are often in the news, with allegations made that some groups engaged in impermissible activities. These groups are absolutely prohibited from participating in campaign activity under the Internal Revenue Code (IRC). On the other hand, they are permitted to engage in nonpartisan political activities (e.g., distributing voter guides and conducting get-out-the-vote drives) that do not support or oppose a candidate. Determining whether an activity violates the IRC prohibition depends on the facts and circumstances of each case, and...
SEC Climate Change Disclosure Guidance: An Overview and Congressional Concerns
Publicly traded companies are required to transparently disclose material business risks to investors through regular filings with the Securities and Exchange Commission (SEC). On January 27, 2010, the SEC voted to publish Commission Guidance Regarding Disclosure Related to Climate Change (the Guidance), which clarifies how publicly traded corporations should apply existing SEC disclosure rules to certain mandatory financial filings with the SEC regarding the risk that climate change developments may have on their businesses. The Guidance has been controversial and prompted legislation in...
House Apportionment 2012: States Gaining, Losing, and on the Margin
On December 21, 2010, the Commerce Department released 2010 Census population figures and the resulting reapportionment of seats in the House of Representatives. The apportionment population of the 50 states in 2010 was 309,183,463, a figure 9.9% greater than in 2000. Just as in the 108th Congress, 12 seats shifted among 18 states in the 113th Congress as a result of the reapportionment. The next census data release was February 2011, when the Census Bureau provided states the small-area data necessary to re-draw congressional and state legislative districts in time for the 2012 elections....
Qualifying Industrial Zones (QIZs) in Jordan and Egypt: Background and Issues for Congress
Congress passed the Qualifying Industrial Zone (QIZ) program in 1996, as an amendment to the U.S.-Israel Free Trade Agreement (USIFTA) implementing legislation. This narrowly focused program provides duty-free access to the U.S. market for goods produced with certain levels of Israeli and Jordanian; Israeli and Egyptian; or Palestinian content. The purpose of the program was political (to further the Middle-East peace process) and economic (to support economic growth in the Middle East/North Africa (MENA) region). After the terrorist events of September 11, 2001, the Bush Administration,...
Financial Disclosure by Federal Officials and Publication of Disclosure Reports
High-level officials in all three branches of the federal government are required to publicly disclose detailed information concerning their financial holdings and transactions in income-producing property and assets, such as stocks, bonds, mutual funds, and real property, as well as information on income, gifts, and reimbursements from private non-governmental sources. Covered federal officials must disclose this information not only for themselves, but also must disclose much of the same required financial information with regard to their spouses and dependent children.
Public financial...
Selected Laws Governing the Broadcast of Professional Sporting Events
Professional sports are a multi-billion dollar industry in the United States. One of the biggest ways that professional sports organizations like the National Football League (NFL), National Hockey League (NHL), National Basketball Association (NBA), and Major League Baseball (MLB) generate revenue is through licensing the rights to telecast (or, more colloquially, broadcast) their games to the public. These broadcasts may occur on over-the-air broadcast stations or over cable or satellite systems, and, now, over the Internet.
The licensing rights for the telecast of professional sports...
The federal program to manage hazardous waste was established in 1976 by the Resource Conservation and Recovery Act (RCRA). Under RCRA Subtitle C, Congress directed the Environmental Protection Agency (EPA) to promulgate standards applicable to persons who generate, transport, treat, store, or dispose of such waste. Under the program, federal waste handling requirements govern every phase of waste management, from its generation to its final disposition and beyond (“cradle to grave”).
The stringent Subtitle C standards apply only to waste identified as “hazardous” according to regulatory...
The MF Global Bankruptcy, Missing Customer Funds, and Proposals for Reform
On October 31, 2011, MF Global, a large brokerage firm registered with the Securities and Exchange Commission (SEC) as a broker-dealer and with the Commodity Futures Trading Commission (CFTC) as a futures commission merchant (FCM), filed for bankruptcy, marking the eighth-largest bankruptcy in U.S. history. Based on the subsequent investigation by the bankruptcy trustee, it appears that the firm failed as a result of a “run on the bank” by customers seeking withdrawals, combined with increased margin calls on the firm’s proprietary trading positions related to distressed European debt,...
An Examination of Student Loan Interest Rate Proposals in the 113th Congress
The interest rates that borrowers pay on federal student loans made through the William D. Ford Federal Direct Loan program are specified in statutory language of the Higher Education Act of 1965, as amended. For the past two years, one type of loan—Direct Subsidized Loans—has been made with a fixed interest rate of 3.4%. Effective July 1, 2013, Direct Subsidized Loans began to be made with a fixed interest rate of 6.8%. Direct Unsubsidized Loans are currently being made with a fixed interest rate of 6.8% and Direct PLUS Loans are currently being made with a fixed interest rate of 7.9%.
In...
Singapore: Background and U.S. Relations
A former trading and military outpost of the British Empire, the tiny Republic of Singapore has transformed itself into a modern Asian nation and a major player in the global economy, though it still substantially restricts political freedoms in the name of maintaining social stability and economic growth. Singapore’s heavy dependence on international trade makes regional stability and the free flow of goods and services essential to its existence. As a result, the island nation is a firm supporter of both U.S. international trade policy and the U.S. security role in Asia, but also...
All federal departments and agencies create federal records “in connection with the transaction of public business.” The Federal Records Act, as amended (44 U.S.C. Chapters 21, 29, 31, and 33), requires executive branch departments and agencies to collect, retain, and preserve federal records, which provide the Administration, Congress, and the public with a history of public-policy execution and its results.
Increasing use of e-mail, social media, and other electronic media has prompted a proliferation of record creation in the federal government. The variety of electronic platforms used...
Agricultural Guest Workers: Legislative Activity in the 113th Congress
Foreign temporary workers, also known as guest workers, have long performed legal agricultural labor in the United States through different temporary worker programs. Today, agricultural guest workers may perform farm work of a temporary or seasonal nature through the H-2A visa program.
Bringing in H-2A workers is a multi-agency process involving the U.S. Department of Labor (DOL), the U.S. Department of Homeland Security (DHS), and the U.S. Department of State (DOS). As a first step, interested employers must apply to DOL for a certification that (1) there are not sufficient U.S. workers...
Earthquakes: Risk, Detection, Warning, and Research
Portions of all 50 states and the District of Columbia are vulnerable to earthquake hazards, although risks vary greatly across the country and within individual states. Seismic hazards are greatest in the western United States, particularly in California, Washington, Oregon, and Alaska and Hawaii. California has more citizens and infrastructure at risk than any other state because of the state’s frequent seismic activity combined with its large population and developed infrastructure.
The United States faces the possibility of large economic losses from earthquake-damaged buildings and...
Medicare Immunosuppressive Drug Coverage for Kidney Transplant Recipients
End-stage renal disease (ESRD) is substantial and permanent loss in kidney function. Persons with ESRD require either a regular course of dialysis treatment (a process that removes harmful waste products from an individual’s blood stream) or a kidney transplant to survive. The Medicare program provides coverage for health care services for the vast majority of individuals diagnosed with ESRD, regardless of age.
In 2010, roughly 489,000 Medicare beneficiaries received ESRD-related services—less than 1% of the total Medicare population. According to the United States Renal Data System...
Seminole Rock Deference: Court Treatment of Agency Interpretation of Ambiguous Regulations
Agencies promulgate rules to implement statutorily authorized regulatory programs. These rules, although established by an administrative agency, maintain the force and effect of law. To be able to promulgate rules, an agency must be granted by Congress the power to do so, either explicitly or implicitly, through statute. To control the process by which agencies create these rules, Congress has enacted statutes, such as the Administrative Procedure Act (APA), that dictate what procedures an agency must follow to establish a final, legally binding rule.
Often, the organic statute that...
Carbon Capture and Sequestration (CCS): A Primer
Carbon capture and sequestration (or storage)—known as CCS—has attracted congressional interest as a measure for mitigating global climate change because large amounts of carbon dioxide (CO2) emitted from fossil fuel use in the United States are potentially available to be captured and stored underground and prevented from reaching the atmosphere. Large, industrial sources of CO2, such as electricity-generating plants, are likely initial candidates for CCS because they are predominantly stationary, single-point sources. Electricity generation contributes over 40% of U.S. CO2 emissions from...
Wildfire Management: Hotshot Crews
Wildfires can be unpredictable, with the severity and direction of the wildfire changing in a matter of moments. To ensure the safety and protection of life and property, response to a wildfire requires an array of resources including air and ground support. This report briefly discusses the role of hotshot crews for wildfire management.
Hotshot crews are intensively trained fire crews that are generally placed in the most rugged terrain on the most active and difficult areas on wildfires. The primary mission of an Interagency Hotshot Crew (IHC) is to provide a safe, professional, mobile...
Child Welfare: FY2013 Budget Request of the President and FY2013 Funding
Child welfare services are intended to prevent the abuse or neglect of children; ensure that children have safe, permanent homes; and promote the well-being of children and their families. The largest amount of federal child welfare funding is provided to states for assistance to children who have been removed from their homes (due primarily to abuse or neglect). In the past decade, the share of this support provided for children who remain in foster care has been on the decline, while the share provided for those who leave foster care for permanent homes (primarily via adoption) has...
Vocational Rehabilitation Grants to States: Program Overview
This report provides an overview of the federal vocational rehabilitation (VR) grant program and the associated state programs.
Comparing Medicaid and Exchanges: Benefits and Costs for Individuals and Families
The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) expands health insurance coverage primarily through two mechanisms: by expanding the existing Medicaid program and by establishing new health insurance exchanges where certain individuals and businesses can purchase private health insurance. Under ACA, Medicaid and exchanges are envisioned to work in tandem, with the potential to provide a continuous source of subsidized coverage for lower-income individuals and families, beginning in 2014.
On June 28, 2012, the U.S. Supreme Court issued a decision in National...
Puerto Rico’s Political Status and the 2012 Plebiscite: Background and Key Questions
For the first time since 1998, voters in Puerto Rico went to the polls in November 2012 to reconsider the island’s relationship with the federal government (a concept known as “political status”). Voters were asked to answer two questions: (1) whether they wished to maintain Puerto Rico’s current political status; and (2) regardless of the choice in the first question, whether they preferred statehood, independence, or to be a “sovereign free associated state.” According to results certified by the Puerto Rico State Elections Commission, approximately 54.0% of those who cast ballots...
Independent Counsels, Special Prosecutors, Special Counsels, and the Role of Congress
This report provides information on the procedure for the appointment of an “independent counsel,” a “special prosecutor,” or a “special counsel” to investigate and prosecute potential or possible violations of federal criminal law by officials in the executive branch of the federal government and in federal agencies. Specifically examined is the role or authority of Congress in requiring an independent or special counsel investigation of executive branch officials.
Under the Constitution and its separation of powers principles and structure, Congress has no direct role in federal law...
The U.S. Bureau of Labor Statistics (BLS) publishes two important measures of inflation: the Consumer Price Index for all Urban Consumers (CPI-U) and the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). (Hereinafter in this report, the CPI-W and CPI-U will be referred to collectively as the standard CPI.) The standard CPI might seem like just another economic indicator, but it is a powerful policy lever. Because the CPI-W is used to calculate annual cost-of-living adjustments (COLAs) to Social Security retirement benefits and the CPI-U is used to calculate annual...
Inland Waterways: Financing and Management Options in Federal Studies
barge, inland waterways, locks, army corps of engineers, rivers, freight, cargo, shippers, navigation, waterways, intracoastal, intercoastal, tow, towboat, tug, tugboat, maritime, marine, waterborne, shipping, channels, ports, vessels, infrastructure, transportation, dams
Health Insurance Exchanges Under the Patient Protection and Affordable Care Act (ACA)
The fundamental purpose of a health insurance exchange is to provide a structured marketplace for the sale and purchase of health insurance. The authority and responsibilities of an exchange may vary, depending on statutory or other requirements for its establishment and structure. The Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) requires health insurance exchanges to be established in every state by January 1, 2014. ACA provides certain requirements for the establishment of exchanges, while leaving other choices to be made by the states.
Qualified...
The Federal Railroad Administration’s Train Horn Rule
Numerous communities across the United States imposed bans on the sounding of train whistles at highway-rail grade crossings beginning in the late 1970s to address complaints and concerns of nearby residents about noise from train whistles. In 1990, a Federal Railroad Administration (FRA) study of train whistle bans in Florida showed a positive correlation between nighttime whistle bans and the number of accidents at highway-rail crossings. In 1994, partially in response to the FRA study, Congress enacted the Swift Rail Development Act (P.L. 103-440), which directed FRA to issue a...
The U.S. Postal Service: Common Questions About Post Office Closures
In 2009 and 2011, the U.S. Postal Service (USPS) announced initiatives to close post offices. Approximately 4,380 retail facilities in rural, suburban, and urban areas could have been closed. In May 2012, the agency apparently changed course. The USPS issued a plan to “preserve” rural post offices; rather than closing these facilities, the USPS would reduce their operating hours. The agency did not, however, state whether it would continue to shutter post offices in non-rural areas, nor did it provide an estimate of how many post offices it needs to serve the public. Thus, how many post...
The Pigford Cases: USDA Settlement of Discrimination Suits by Black Farmers
On April 14, 1999, Judge Paul L. Friedman of the U.S. District Court for the District of Columbia approved a settlement agreement and consent decree in Pigford v. Glickman, a class action discrimination suit between the U.S. Department of Agriculture (USDA) and black farmers. The suit claimed that the agency had discriminated against black farmers on the basis of race and failed to investigate or properly respond to complaints from 1983 to 1997. The deadline for submitting a claim as a class member was September 12, 2000. Cumulative data show that as of December 31, 2011, 15,645 (69%) of...
Federal Oversight and State Cooperation in the Chesapeake Bay
As an increasing number of communities in the United States face significant flooding, droughts, and degradation of water quality, interest in the management of interstate water basins has heightened. Interstate water management requires a number of interests to be balanced, including different priorities among states affected by the particular water basin, federal interests in federal water projects, and private interest groups who may be affected by regulation of the basin. Because of these competing interests, interstate water management often becomes controversial and may lead to...
Spectrum Policy in the Age of Broadband: Issues for Congress
The convergence of wireless telecommunications technology with the Internet Protocol (IP) is fostering new generations of mobile technologies. This transformation has created new demands for advanced communications infrastructure and radio frequency spectrum capacity that can support high-speed, content-rich uses. Furthermore, a number of services, in addition to consumer and business communications, rely at least in part on wireless links to broadband (high-speed/high-capacity) infrastructure such as the Internet and IP-enabled networks. Policies to provide additional spectrum for mobile...
501(c)(4)s and Campaign Activity: Analysis Under Tax and Campaign Finance Laws
The campaign activities of tax-exempt 501(c)(4) social welfare organizations continue to receive considerable attention. These groups operate with less restriction after the Supreme Court’s decision in Citizens United v. FEC, which invalidated long-standing prohibitions in the Federal Election Campaign Act (FECA) on corporations and labor unions using their general treasury funds to make independent expenditures and electioneering communications. However, even after Citizens United, 501(c)(4) groups are still subject to regulation under FECA and the Internal Revenue Code (IRC).
Under...
State and Local Restrictions on Employing Unauthorized Aliens
In May 2011, the Supreme Court ruled in Chamber of Commerce of the United States of America v. Whiting that federal immigration law did not preempt an Arizona statute that authorized or required the suspension or termination of the licenses of businesses that knowingly or intentionally hire unauthorized aliens, and also required that employers within Arizona use the federal government’s E-Verify database to check employees’ work authorization.
The doctrine of preemption derives from the Supremacy Clause of the U.S. Constitution, which establishes that federal law, treaties, and the...
Budgetary flexibility enacted under the Reducing Flight Delays Act of 2013 (P.L. 113-9) has permitted the Federal Aviation Administration (FAA) to cancel plans to close 149 air traffic control towers operated by contractors, a measure it had proposed to address funding decreases brought about by the budget sequester. On March 22, 2013, FAA announced the planned tower closures. The closures were originally planned for April 2013, but the closure was pushed back to June 2013 and then abandoned due to receipt of new authority in P.L. 113-9 allowing funds to be transferred from other FAA...
Search and Seizure Cases in the October 2012 Term of the Supreme Court
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. U.S. Const. Amend. IV.
This term, the Supreme Court decided that (1) deploying a drug-detecting dog at the front door of a house qualifies as a Fourth Amendment search (Florida v. Jardines); (2) the positive reaction of a trained, drug-detecting dog constitutes...
Committee of the Whole: An Introduction
The Committee of the Whole House on the State of the Union, more often referred to as the “Committee of the Whole,” is the House of Representatives operating as a committee on which every Member of the House serves. The House of Representatives uses this parliamentary device to take procedural advantage of a somewhat different set of rules governing proceedings in the Committee than those governing proceedings in the House. The purpose is to expedite legislative consideration.
This report briefly reviews the history of the Committee of the Whole, describes the current procedure associated...
On September 10, 1996, the Senate passed H.R. 3396, the Defense of Marriage Act (DOMA), which had been cleared on July 12 by the House. On September 21, 1996, President Clinton signed DOMA and it became P.L. 104-199.
On November 4, 2008, California citizens passed Proposition 8, which added new Section 7.5 to Article I of the California Constitution that reads “Only marriage between a man and a woman is valid or recognized in California.”
Petitions of certiorari have been granted by the United States Supreme Court in two cases resulting from these events.
This report contains resources...
In response to across-the-board funding reductions in federal programs through the budget sequestration process implemented in FY2013, the Federal Aviation Administration (FAA) began to furlough personnel, including air traffic controllers, on April 21, 2013. In conjunction with air traffic controller furloughs, FAA implemented various air traffic management initiatives to mitigate impacts of the reduced staffing on controller workload. This resulted in some delays affecting about 3%-4% of flights, with some acute delay impacts occurring in congested airspace, particularly in the New York...
Covered Bonds: Background and Policy Issues
Covered bonds are a relatively common method of funding mortgages in Europe, but uncommon in the United States. A covered bond is a recourse debt obligation that is secured by a pool of assets, often mortgages. The holders of the bond are given additional protection in the event of bankruptcy or insolvency of the issuing lender. Covered bonds have some features, such as pooled mortgages, that resemble securitization, but the original lenders maintain a continuing interest in the performance of the loans. Because some believe that the subprime mortgage turmoil may have been influenced by...
Inflation-Indexing Elements in Federal Entitlement Programs
In recent years, various proposals have been discussed in the context of ways to reduce federal budget deficits. One of these proposals calls for the use of a different measure of consumer price change to index various provisions of federal programs, including cost-of-living adjustments (COLAs). For example, under current law, the Social Security COLA is based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Under the proposal, the Social Security COLA would be based instead on the Chained Consumer Price Index for All Urban Consumers (Chained CPI-U or...
Traditional Versus Benchmark Benefits Under Medicaid
The Medicaid program, which served 72 million people in FY2012, finances the delivery of a wide variety of preventive, primary, and acute care services as well as long-term services and supports for certain low-income populations. Benefits are available to beneficiaries through two avenues. First, the traditional Medicaid program covers a wide variety of mandatory services (e.g., inpatient hospital services, lab/x-ray services, physician care, nursing facility care for persons aged 21 and over), and other services at state option (e.g., prescribed drugs, physician-directed clinic services,...
Common Questions About Postage and Stamps
Constituents and interest groups often approach congressional offices with questions about postage and stamps. This report provides brief answers to commonly asked questions and provides sources where Members and congressional staff may learn more about these topics.
The Senate usually has not had rules or policies regarding legislation to establish postage stamps. The House Committee on Oversight and Government Reform long has had a rule against considering legislation that proposes the issuance of new semipostal and commemorative stamps.
Congressional or Federal Charters: Overview and Enduring Issues
A congressional or federal charter is a federal statute that establishes a corporation. Congress has issued charters since 1791, although most charters were issued after the start of the 20th century. Congress has used charters to create a variety of corporate entities, such as banks, government-sponsored enterprises, commercial corporations, venture capital funds, and quasi governmental entities. Congressionally chartered corporations have raised diverse issues for Congress, including (1) Title 36 corporations’ membership practices; (2) prohibitions on Title 36 corporations engaging in...
The STOCK Act, Insider Trading, and Public Financial Reporting by Federal Officials
The STOCK Act (Stop Trading on Congressional Knowledge Act of 2012) was signed into law on April 4, 2012. It affirms and makes explicit the fact that there is no exemption from the “insider trading” laws and regulations for Members of Congress, congressional employees, or any federal officials. The law also expressly affirms that all federal officials have a “duty” of trust and confidentiality with respect to nonpublic, material information which they may receive in the course of their official duties, and a duty not to use such information to make a private profit.
The STOCK Act, as part...
Air Quality Issues in Natural Gas Systems
Natural Gas Systems and Air Pollution
Congressional interest in U.S. energy policy has focused in part on ways through which the United States could secure more economical and reliable fossil fuel resources both domestically and internationally. Recent expansion in natural gas production, primarily as a result of new or improved technologies (e.g., hydraulic fracturing, directional drilling) used on unconventional resources (e.g., shale, tight sands, and coal-bed methane), has made natural gas an increasingly significant component in the U.S. energy supply. This expansion, however, has...
Regulation of Broadcast Indecency: Background and Legal Analysis
During the 2012 Super Bowl Halftime Show, the rapper M.I.A. (stage name for the artist Mathangi “Maya” Arulpragasm) made an indecent gesture during her live performance, reigniting the debate over whether the FCC could punish broadcasters for fleeting indecency. M.I.A.’s performance echoed two other prominent television events that have been the subject of ongoing litigation. The airing of an expletive by Bono (stage name for the artist Paul David Hewson) during the 2003 Golden Globe Awards, as well as the “wardrobe malfunction” that occurred during the 2004 Super Bowl halftime show, gave...
Ensuring That Traffic Signs Are Visible at Night: Federal Regulations
Traffic signs provide information to help motorists travel safely. If a sign is useful during daytime, it has equal or greater value to motorists at night, when less of the road environment can be seen. Federal regulations have long required that traffic signs be visible at night, either through the use of retroreflective materials (materials that reflect light, such as from headlights, back in the direction from which it came) or through permanent lighting illuminating the sign. These regulations are part of the Manual of Uniform Traffic Control Devices (MUTCD), a compilation of federal...
“Gang of Four” Congressional Intelligence Notifications
“Gang of Four” intelligence notifications generally are oral briefings of certain particularly sensitive non-covert action intelligence activities, including principally, but not exclusively, intelligence collection programs that the intelligence community typically limits to the chairmen and ranking Members of the two congressional intelligence committees.
Gang of Four notifications are not based in statute but have constituted a practice generally accepted by the leadership of the intelligence committees, and that is employed when the intelligence community believes a particular...
“Hollowing Out” in U.S. Manufacturing: Analysis and Issues for Congress
The health of the U.S. manufacturing sector has been a long-standing concern of Congress. Although Congress has established a wide variety of tax preferences, direct subsidies, import restraints, and other federal programs with the goal of retaining or recapturing manufacturing jobs, only a small proportion of U.S. workers is now employed in factories. Meanwhile, U.S. factories have stepped up production of goods that require high technological sophistication but relatively little direct labor. Labor productivity in manufacturing, as measured by government data, has grown rapidly,...
House of Representatives has several different parliamentary procedures through which it can bring legislation to the chamber floor. Which of these will be used in a given situation depends on many factors, including the type of measure being considered, its cost, the amount of political or policy controversy surrounding it, and the degree to which Members want to debate it and propose amendments. This report provides a snapshot of the forms and origins of measures that, according to the Legislative Information System of the U.S. Congress (LIS), received action on the House floor in the...
Federal Authority to Regulate the Compounding of Human Drugs
This report will examine the FDA's regulation of drug compounding and will discuss relevant legal authorities. The report will conclude by discussing potential limits to the FDA's authority to regulate human drug compounding.
Fair Debt Collection Practices Act (FDCPA)
The recent fiscal crisis and recession have accentuated debt collection issues, prompted federal regulatory and enforcement activities regarding the debt collection industry, and motivated assessments of the effectiveness of the Fair Debt Collection Practices Act (FDCPA). The Consumer Financial Protection Bureau (Bureau or CFPB) and the Federal Trade Commission (FTC), the two main agencies charged with regulating and/or enforcing the FDCPA, have identified debt buying, the use of litigation as a collection strategy, and the impact of current technology on the debt collection industry as...
One of the primary tasks of the Federal Communications Commission (FCC) is to encourage the deployment of broadband throughout the United States. Broadband technology is now available over a wide array of delivery systems including cable, wireless, telephone, and fiber optic networks. The FCC moved, in recent years, to ease some of the regulatory burdens inherent in erecting new broadband facilities within the current legal framework. Congress has also taken steps to encourage the deployment of wireless facilities. This report will discuss some of the important legal developments related...
Abortion and the Patient Protection and Affordable Care Act
The Patient Protection and Affordable Care Act (“Affordable Care Act”) includes provisions that address the coverage of abortion services by qualified health plans that will be available through health benefit exchanges beginning in 2014. These provisions have been controversial, particularly with regard to the use of premium tax credits or cost-sharing subsidies to obtain health coverage that includes coverage for elective, non-therapeutic abortion services. The Affordable Care Act addresses abortion coverage by the exchange plans with reference to the so-called “Hyde Amendment,” which...
Sensitive Covert Action Notifications: Oversight Options for Congress
Legislation enacted in 1980 gave the executive branch authority to limit advance notification of especially sensitive covert actions to eight Members of Congress—the “Gang of Eight”—when the President determines that it is essential to limit prior notice in order to meet extraordinary circumstances affecting U.S. vital interests. In such cases, the executive branch is permitted by statute to limit notification to the chairmen and ranking minority Members of the two congressional intelligence committees, the Speaker and minority leader of the House, and Senate majority and minority leaders,...
Hugo Chávez’s Death: Implications for Venezuela and U.S. Relations
T
he death of Venezuelan President Hugo Chávez on March 5, 2013, after 14 years of populist rule, has implications not only for Venezuela’s political future, but potentially for the future of U.S.-Venezuelan relations. This report provides a brief discussion of those implications. For additional background on President Chávez’s rule and U.S. policy, see CRS Report R40938, Venezuela: Issues for Congress, by Mark P. Sullivan.
Congress has had a strong interest in Venezuela and U.S. relations with Venezuela under the Chávez government. Among the concerns of U.S. policymakers has been the...
Foreign Ownership of U.S. Financial Assets: Implications of a Withdrawal
This report provides an overview of the role foreign investment plays in the U.S. economy and an assessment of possible actions a foreign investor or a group of foreign investors might choose to take to liquidate their investments in the United States. Concerns over the potential impact of disinvestment have grown as national governments have become more active investors in the U.S. economy and as innovation in creating financial instruments has increased volatility in financial markets. Such concerns seem out of step with the experience of the 2008-2009 financial crisis, during which the...
The Berne Union, or the International Union of Credit and Investment Insurers, is an international organization comprised of more than 70 public and private sector members that represent both public and private segments of the export credit and investment insurance industry. Members range from highly developed economies to emerging markets, from diverse geographical locations, and from a spectrum of viewpoints about approaches to export credit financing and investment insurance. Within the Berne Union, the United States is represented by the U.S. Export-Import Bank (Eximbank) and the...
Second Amendment Challenges to Firearms Regulations Post-Heller
The U.S. Supreme Court in District of Columbia v. Heller held that the Second Amendment to the U.S. Constitution protects an individual right to possess a firearm, unconnected with service in a militia, and the use of that firearm for traditionally lawful purposes, such as self-defense within the home. It also held that the Second Amendment applies to the states in McDonald v. City of Chicago. Since then, federal and state firearms laws have been challenged under the Second Amendment. Lower courts have been disputed in determining how to evaluate these provisions, given that the Heller...
FEMA Disaster Cost-Shares: Evolution and Analysis
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (The Stafford Act, P.L. 93-288) includes the Public Assistance (PA) program, Sections 406 and 407 of the act. These sections provide assistance to states, local governments and non-profit organizations for debris removal and rebuilding of the public and non-profit infrastructure. The Stafford Act is a partnership between the federal and state governments and part of the partnership is the notion that state and local governments should have some “skin in the game.” That is, they should contribute toward some of the costs...
Unemployment Compensation (UC): Eligibility for Students Under State and Federal Laws
The recent economic recession and subsequent recovery period has produced one of the most challenging labor markets in recent decades. Many workers lost their jobs during this time period, as others were just entering the market for the first time. As a strategy to cope with the difficult employment situation, many individuals entered school to acquire skills to become more competitive, while others never left, remaining in school to postpone the employment search. However, due to the prolonged nature of the recovery, many students and workers remain jobless and struggle to find work....
On March 12, 2013, House Budget Committee Chairman Paul Ryan released the chairman’s mark of the FY2014 House budget resolution together with his report entitled The Path to Prosperity: A Responsible Balanced Budget, which outlines his budgetary objectives. The House Budget Committee considered and amended the chairman’s mark on March 13, 2013, and voted to report the budget resolution to the full House. H.Con.Res. 25 was introduced in the House March 15, 2013, and was accompanied by the committee report (H.Rept. 113-17). H.Con.Res. 25 was agreed to by the House on March 21, 2013.
A...
Communication between Members of Congress and their constituents has changed with the development of new online social networking services. Many Members now use e-mail, official websites, blogs, YouTube channels, Twitter, and Facebook pages to communicate with their constituents—technologies that were either non-existent or not widely available 20 years ago.
Social networking services have arguably served to enhance the ability of Members of Congress to fulfill their representational duties by providing greater opportunities for communication between the Member and individual constituents....
Administrative Agencies and Claims of Unreasonable Delay: Analysis of Court Treatment
One common concern about federal agencies is the speed with which they are able to issue and implement regulations. Federal regulatory schemes can be quite complex, and establishing rules and completing adjudications can sometimes require substantial agency resources and significant amounts of time. However, critics point out that sometimes an agency can simply take too long to a complete task. Commentators and courts have noted that such agency delay can impact the effectiveness of a regulatory scheme. It can also impact regulated entities that must wait for final agency action. In some...
The National Broadband Plan Goals: Where Do We Stand?
On March 16, 2010, the Federal Communications Commission (FCC) released Connecting America: The National Broadband Plan. The National Broadband Plan (NBP) identified significant gaps in broadband availability and adoption in the United States, and in order to address those gaps and other challenges, the NBP set specific goals to be achieved by the year 2020. Goals were set for next generation broadband service; universal broadband service; mobile wireless broadband innovation and coverage; broadband access of Community Anchor Institutions; a nationwide, wireless, interoperable broadband...
Guns, Excise Taxes, and Wildlife Restoration
A federal excise tax on the manufacture, production, importation, and sale of firearms, shells, and cartridges, as well as archery equipment, provides funds for matching grants to states and territories for wildlife conservation, hunter education, and public shooting ranges. The program is called the Wildlife Restoration Fund, or Pittman-Robertson (P-R). The tax does not distinguish between equipment that is commonly used in hunting versus equipment that is rarely suitable for such use. The program has mandatory spending authority to the extent of receipts, and funds are distributed on a...
On October 17, 2006, the Environmental Protection Agency (EPA) published its final revisions to the National Ambient Air Quality Standards (NAAQS) for particulate matter (particulates, or PM). Several states and industry, agriculture, business, and environmental and public health advocacy groups petitioned the U.S. Court of Appeals for the District of Columbia Circuit, challenging certain aspects of EPA’s revisions. A February 24, 2009, decision by the D.C. Circuit granted the petitions in part, denying other challenges, and remanded the standards to EPA for further consideration but did...
Tax Issues Relating to Charitable Contributions and Organizations
Prior to the financial crises and subsequent recession, the value of tax benefits for charitable contributions and organizations was estimated to be around $100 billion per year. About half of this cost arose from the deductions for charitable contributions with the other half from exemptions of earnings of nonprofits. In 2010, the deduction for charitable contributions resulted in an estimated $40 billion in federal revenue losses. On average, endowment investments in 2009 experienced losses, meaning that the federal government did not lose revenues from exempting asset returns from...
Hydraulic Fracturing: Chemical Disclosure Requirements
Hydraulic fracturing is a technique used to free oil and natural gas trapped underground in low-permeability rock formations by injecting a fluid under high pressure in order to crack the formations. The composition of a fracturing fluid varies with the nature of the formation, but typically contains mostly water; a proppant to keep the fractures open, such as sand; and a small percentage of chemical additives. Some of these additives may be hazardous to health and the environment.
The Shale Gas Production Subcommittee of the Secretary of Energy Advisory Board has recommended public...
Prescription Drug User Fee Act (PDUFA): 2012 Reauthorization as PDUFA V
Title I of the Food and Drug Administration Safety and Innovation Act (FDASIA, P.L. 112-144) reauthorized the Prescription Drug User Fee Act (PDUFA) through September 30, 2017. Known as PDUFA V, this was the program’s fourth five-year reauthorization. The Prescription Drug User Fee Act (PDUFA), in 1992, gave the Food and Drug Administration (FDA) the authority to collect fees from the pharmaceutical industry and to use the revenue to support “the process for the review of human drug applications.”
PDUFA fees provided 52% of the Human Drugs Program funding for FY2012, accounting for more...
Garcia v. Vilsack: A Policy and Legal Analysis of a USDA Discrimination Case
The U.S. Department of Agriculture (USDA) has long been accused of unlawfully discriminating against minority and female farmers in the management of its various programs, particularly in its Farm Service Agency loan programs. While USDA has taken concrete steps to address these allegations of discrimination, the results of these efforts have been criticized by some. Meanwhile, some minority and female farmers who have alleged discrimination by USDA have filed various lawsuits under the Equal Credit Opportunity Act (ECOA) and the Administrative Procedure Act (APA). Pigford v. Glickman,...
Genetically Engineered Fish and Seafood: Environmental Concerns
In the process of congressional oversight of executive agency regulatory action, concerns have been raised about the adequacy of the FDA’s review of a genetically modified (GM) salmon. More specifically, concern has focused on whether and how potential environmental issues related to this GM salmon might be addressed. In response to these concerns, several bills were introduced in the 112th Congress seeking to declare GM fish unsafe and thus prevent FDA approval of this salmon for human consumption or to require that GM fish be specifically labeled. No final action was taken on these bills...
The Environmental Protection Agency (EPA) published revisions to the Clean Air Act (CAA) National Ambient Air Quality Standards (NAAQS) for particulate matter (particulates, or PM) on October 17, 2006. EPA’s actions leading up to and following promulgation of the 2006 standard have been the subject of considerable congressional oversight. EPA and states’ ongoing implementation of the standard, beginning with the designation of those geographical areas not in compliance, likewise has been an area of concern and debate among some Members of Congress, states, and other stakeholders for some...
Comparing G-20 Reform of the Over-the-Counter Derivatives Markets
Derivatives, or financial instruments whose value is based on an underlying asset, played a key role in the financial crisis of 2008-2009. Congress directly addressed the governance of the derivatives markets through the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank; P.L. 111-203; July 21, 2010). This act, in Title VII, sought to bring the largely unregulated over-the-counter (OTC) derivatives markets under greater regulatory control and scrutiny. Pillars of this approach included mandating that certain OTC derivatives be subject to central clearing, such as through...
Exemptions for Firearms in Bankruptcy
The U.S. Supreme Court’s decisions regarding the nature of the people’s right to “keep and bear arms,” as guaranteed in the Second Amendment to the U.S. Constitution, has focused some interest on the extent to which firearms are protected from the reach of creditors under either federal or state laws. State laws protecting certain property from creditors’ claims may be used both in and outside of the bankruptcy context. Federal law may also protect certain property from creditors’ claims in bankruptcy.
Although a number of states have provisions explicitly shielding firearms from the...
Federal Assault Weapons Ban: Legal Issues
In the 113th Congress, there has been renewed congressional interest in gun control legislation. On January 16, 2013, President Obama announced his support for legislation on gun control, including a ban on certain semiautomatic assault firearms and large capacity ammunition feeding devices. Senator Dianne Feinstein introduced S. 150, the Assault Weapons Ban of 2013, which would prohibit, subject to certain exceptions, the sale, transfer, possession, manufacturing, and importation of specifically named firearms and other firearms that have certain features, as well as the transfer and...
Veterans’ Benefits: Current Life Insurance Programs
The Department of Veterans Affairs (VA) administers and supervises several life insurance programs for active servicemembers and veterans. The VA supervises the Servicemembers’ Group Life Insurance (SGLI) and Veterans’ Group Life Insurance (VGLI) programs, which are administered by the Office of Servicemembers’ Group Life Insurance (OSGLI), a division of Prudential Insurance Company of America. The Service-Disabled Veterans’ Insurance (S-DVI) program, on the other hand, is administered entirely by the VA. Access to VA-administered life insurance programs gives servicemembers and veterans,...
Belarus: Background and U.S. Policy Concerns
Belarusian President Aleksandr Lukashenko snuffed out Belarus’s modest progress toward democracy and a free market economy in the early 1990s and created an authoritarian, Soviet-style regime. Belarus has close historical and cultural ties to Russia. Russian policy toward Belarus appears to be focused on gaining control of Belarus’s key economic assets while reducing the costs of subsidizing the Lukashenko regime.
For many years, the United States has limited ties to the regime while providing modest support to pro-democracy organizations in Belarus. The United States and the European...
Health Benefits for Members of Congress
This report covers health benefits made available to Members of Congress through federal government employment, including Federal Employees Health Benefits Program (FEHBP), dental and vision insurance, flexible spending accounts, long-term care insurance, services at the Office of the Attending Physician and military hospitals, and Medicare. It also offers a comparison of FEHBP to health benefits offered by the private sector and state and local governments and a discussion of the effect of the Affordable Care Act (ACA) on Members' health benefits.
Secretary of the Senate: Legislative and Administrative Duties
The Secretary of the Senate is an officer of the Senate elected at the beginning of each Congress by the membership of the Senate. The Secretary has financial, administrative, and legislative responsibilities derived from law, Senate rules, and other sources. In addition, the Senate Committee on Rules and Administration maintains oversight authority over the Secretary of the Senate and issues policies and regulations governing the Secretary’s duties and responsibilities. The Secretary of the Senate was established during the First Congress (1789-1791), when Samuel Allyne Otis was elected...
An Overview of the Tax Provisions in the American Taxpayer Relief Act of 2012
On December 31, 2012, a variety of temporary tax provisions that were part of the “fiscal cliff” expired. Two days later, the American Taxpayer Relief Act of 2012 (ATRA; P.L. 112-240) retroactively extended, and in certain cases modified, many of these provisions. The short time period between the expiration of these provisions and the enactment on January 2 of ATRA retroactively meant that from the perspective of all but upper-income taxpayers, income taxes remained unchanged between 2012 and 2013 (i.e., the amount of income tax withheld from their paycheck and the availability of certain...
The Earned Income Tax Credit (EITC): Changes for 2012 and 2013
The earned income tax credit (EITC), established in the tax code in 1975, provides cash assistance to lower income working parents and individuals through the tax system. The EITC will be higher in 2012 and 2013 than it was in 2011. An increase in the size of the EITC will occur because the maximum amount of earned income used to calculate the credit and the phase-out income level are indexed for inflation. The increases reflect the inflation adjustment.
For tax year 2012, the maximum EITC for tax filers without children was $475, and it will increase to $487 in 2013. For families with one...
Provisions of Special Rules in the House: An Example of a Typical Open Rule
This report includes a typical example of a simple open rule that the House Committee on Rules may report to govern House floor action on a bill that is not otherwise privileged for consideration. This resolution has been divided into five parts.
EPA’s Boiler MACT: Controlling Emissions of Hazardous Air Pollutants
On December 20, 2012, EPA Administrator Lisa Jackson signed final revisions to EPA’s 2011 Maximum Achievable Control Technology standards for boilers (the “Boiler MACT”). The Boiler MACT has been among the most controversial EPA regulations over the last three years, because of its wide reach and potential economic impact. Boilers are widely used for heat and power throughout industry, and by large commercial establishments and institutions, as well. EPA found it difficult to adequately characterize and develop emissions data for the many types of boilers, leading many in the regulated...
Civilian Extraterritorial Jurisdiction Act: Federal Contractor Criminal Liability Overseas
The United States government uses hundreds of thousands of civilian contractors and employees overseas. They and their dependants are often subject to local prosecution for the crimes they commit abroad. Whether by agreement, practice, or circumstance—sometimes they are not. The Military Extraterritorial Jurisdiction Act (MEJA) permits federal prosecution of certain crimes committed abroad by Defense Department civilian employees, contractors, or their dependants. The Civilian Extraterritorial Jurisdiction Act (CEJA; H.R. 2136) (Representative Price of North Carolina) and S. 1145 (Senator...
Department of Defense Food Procurement: Background and Status
Military food items, also known as subsistence items, are generally procured under the auspices of the Defense Logistics Agency (DLA), an agency of the Department of Defense (DOD) which provides worldwide logistics support for the U.S. military services. Under DLA, DLA Troop Services (formerly the Defense Supply Center Philadelphia) is the inventory control point for food, clothing, textiles, medicines, medical equipment, general and industrial supplies, and services for the military, their eligible dependents, and other non-DOD customers worldwide. DLA Troop Services buys and manages...
Some types of postsecondary education programs at institutions of higher education that are eligible for participation in the federal student aid programs authorized under Title IV of the Higher Education Act of 1965, as amended (HEA), face additional conditions for Title IV aid eligibility. These programs, which are offered by public and private not-for-profit institutions of higher education and postsecondary vocational institutions, and by for-profit proprietary institutions of higher education, must prepare students for gainful employment in recognized occupations.
For many years, the...
“First Day” Proceedings and Procedural Change in the Senate
In the early weeks of the 112th Congress, the Senate considered proposals to change its Standing Rules, as well as proposals to alter other practices and procedures. Three resolutions that proposed to amend the Senate rules (S.Res. 8, S.Res. 10, as amended, and S.Res. 21, as amended) received votes, but none were agreed to. These three resolutions proposed a variety of changes, chiefly focused on the operation of the Senate’s cloture rule (Rule XXII). However, the Senate did agree to two proposals to establish new Senate standing orders (S.Res. 28 and S.Res. 29). S.Res. 28 established new...
House Sergeant at Arms: Legislative and Administrative Duties
The Sergeant at Arms is an elected officer of the House of Representatives, nominated at the beginning of each Congress by the House majority leadership, and elected by the House membership. The Sergeant at Arms has law enforcement, protocol, and administrative responsibilities within the House.
The Earned Income Tax Credit (EITC): Legislative Issues
The Earned Income Tax Credit (EITC or EIC) began in 1975 as a temporary program to return a portion of the Social Security taxes paid by lower-income taxpayers, and was made permanent in 1978. In the 1990s, the program was transformed into a major component of federal efforts to reduce poverty, and is now the largest anti-poverty entitlement program. Tax year 2009 data show a total EITC amount of $59.7 billion for 27.2 million tax returns, yielding an average tax credit of $2,195. Most of the EITC (87.1%) was received as a refund (EITC exceeded tax liability) by low-income workers.
The...
Preventing Gun Violence While Protecting Gun Rights: CRS Experts
This report provides a table with names and contact information of CRS experts on policy issues related to preventing gun violence while protecting gun violence.
Authorized Generic Pharmaceuticals: Effects on Innovation
The practice of “authorized generics” has recently been the subject of considerable attention by the pharmaceutical industry, regulators, and members of Congress alike. An “authorized generic” (sometimes termed a “branded,” “flanking,” or “pseudo” generic) is a pharmaceutical that is marketed by or on behalf of a brand-name drug company, but is sold under a generic name. Although the availability of an additional competitor in the generic drug market would appear to be favorable to consumers, authorized generics have nonetheless proven controversial. Some observers believe that authorized...
The Alternative Minimum Tax for Individuals
Over time, the individual income tax has been used as a vehicle to promote various social and economic goals. This has been accomplished by according preferential tax treatment to certain items of income and expense. The net result, however, has been that by taking advantage of the preferences and incentives in the tax code, some individuals can substantially reduce their income taxes.
Congress, in 1969, enacted the predecessor to the current individual alternative minimum tax (AMT) to make sure that everyone paid at least a minimum of taxes and still preserve the economic and social...
Patent Infringement and Experimental Use Under the Hatch-Waxman Act: Current Issues
Concerns over the availability of affordable health care have focused national attention upon patents and other intellectual property rights awarded to pharmaceutical firms. Legislation that was introduced before, but not enacted by, the 112th Congress proposed amendments to the Hatch-Waxman Act, legislation dating from 1984 that governs intellectual property rights in pharmaceuticals and other regulated products. Recent rulings from the federal judiciary regarding the Hatch-Waxman Act may be pertinent to future congressional consideration of that statute. Both the judicial holdings, as...
According to the Centers for Disease Control and Prevention (CDC), about 1.4% of surveyed children living in the United States between the ages of 1 and 5 years have an unacceptably high level of lead in their blood (i.e., 10 micrograms or more of lead per deciliter of blood), which may result in learning disabilities, reduced intellectual ability, or other problems. Poor children are at special risk because elevated blood-lead levels are more prevalent among children from families with lower incomes, and inadequate nutrition can increase lead absorption by the body. Many sources of lead...
United Nations Regular Budget Contributions: Members Compared, 1990-2010
The United States is the single largest contributor to the United Nations (U.N.) regular budget. As such, Members of the 113th Congress will likely continue to demonstrate an interest in the United States’ assessment level, the cost of the U.S. assessment each year, how U.S. contributions to the regular budget compare to those of other countries, and how assessment levels have changed over time.
This report provides the assessment level, actual payment, and total outstanding contributions for the United States and other selected U.N. member states from 1990 to 2010—the last year for which...
Extending the Temporary Payroll Tax Reduction: A Brief Description and Economic Analysis
Social Security is financed by payroll taxes, which are paid by covered workers and their employers. In the absence of a payroll tax reduction, employees and employers would each pay 6.2% of covered earnings, up to an annual limit, whereas self-employed individuals would pay 12.4% of net self-employment income, up to an annual limit.
In an effort to stimulate the economy, Congress, in December 2010, temporarily reduced the employee and self-employed shares by two points (to 4.2% for employees and 10.4% for the self-employed), with the Social Security trust funds “made whole” by a transfer...
Proposals to Reduce Federal Medicaid Expenditures
Medicaid is a means-tested entitlement program that finances the delivery of primary and acute medical services as well as long-term services and supports (LTSS). Medicaid is jointly financed by both the federal government and the states. The federal government’s share for most Medicaid expenditures is called the federal medical assistance percentage (FMAP), and under the FMAP, the federal government pays a larger portion of Medicaid costs in states with lower per capita incomes relative to the national average (and vice versa for states with higher per capita incomes).
Federal Medicaid...
The Presidential Inauguration: Basic Facts and Information
On January 20, 2013, President Barack Obama is to be sworn in for his second term. Because January 20 is on a Sunday, however, the ceremonial swearing-in and public inaugural ceremonies will take place on Monday, January 21, 2013.
This report responds to a variety of questions relating to the presidential inauguration: legislation concerning the inauguration; inauguration day as a federal holiday; the major costs of the 2009 inauguration; the expenditures of recent inaugural festivities (private funding only provided); historical facts on past presidential inaugurations; the various...
The Employee Free Choice Act (EFCA)
This report discusses legislative attempts to amend the National Labor Relations Act (NLRA) to allow for union certification without an election, based on signed employee authorizations. The Employee Free Choice Act (EFCA), introduced most recently as H.R. 1409 and S. 560 in the 111th Congress, would have allowed union certification based on signed authorizations, provided a process for the bargaining of an initial agreement, and prescribed new penalties for certain unfair labor practices. This report reviews the current process for selecting a bargaining representative under the NLRA and...
Economic Factors Affecting Small Business Lending and Loan Guarantees
Small businesses (usually defined as companies with 500 or fewer employees) are an important part of the nation’s economy. At various times during the business cycle, concern is voiced about the difficulties that small businesses have obtaining loans. There can be many reasons for periodic declines in small business lending over the business cycle: loan standards change, the quality of projects to be financed changes, and small businesses’ demand for loans fluctuates with anticipated customer demand.
Congress created the Small Business Administration (SBA) to assist small businesses in...
The Endangered Species Act (ESA) and Claims of Property Rights “Takings”
The federal Endangered Species Act (ESA) has long been one of the major flash points in debates over government interference with property rights. This report outlines the ESA provisions most relevant to the act’s impacts on private property and surveys the major ESA-relevant principles of Fifth Amendment takings law. The Takings Clause of the Fifth Amendment promises “just compensation” when government actions “take” property.
The report then summarizes the court decisions on whether particular government actions (or inaction) based on the ESA “take” private property under the Fifth...
Public, Educational, and Governmental (PEG) Access Cable Television Channels: Issues for Congress
The environment for public, educational, and governmental (PEG) cable channels has been roiled by public policy and budgetary changes at the federal, state, and local levels and by technological changes in cable networks. More than 100 PEG access centers—which provide community groups and individuals free access to video production facilities and equipment, training, and programming time—have closed since 2005, and more may close when provisions in recently enacted state laws that eliminate requirements for cable companies to provide funding support take effect. Many PEG access centers,...
Pages of the United States Congress: History and Program Administration
For more than 180 years, messengers known as pages have served the United States Congress. Pages must be high school juniors and at least 16 years of age. Several incumbent and former Members of Congress as well as other prominent Americans have served as congressional pages.
Senator Daniel Webster appointed the first Senate page in 1829. The first House pages began their service in 1842. Women were first appointed as pages in 1971.
In August 2011, House leaders announced the termination of that chamber’s page program.
Senate pages are appointed and sponsored by Senators for one academic...
The Jackson-Vanik Amendment and Candidate Countries for WTO Accession: Issues for Congress
Unconditional most-favored-nation (MFN) status, or in U.S. statutory parlance, normal trade relations (NTR) status, is a fundamental principle of the World Trade Organization (WTO). Under this principle, WTO members are required unconditionally to treat imports of goods and services from any WTO member no less favorably than they treat the imports of like goods and services from any other WTO member country. Under Title IV of the Trade Act of 1974, as amended, most communist or nonmarket-economy countries were denied MFN status unless they fulfilled freedom-of-emigration conditions as...
Computer-Related Occupations Under the Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) sets minimum standards for hourly wages, overtime pay, and child labor. The FLSA requires employers to pay covered employees at least $7.25 an hour and at least one-and-a-half times their regular hourly wage for hours worked over 40 hours a week at a given job. However, the FLSA includes a number of exemptions that exclude certain employees from the minimum wage and overtime standards of the act.
Section 13(a)(1) of the FLSA exempts from both the minimum wage and overtime pay standards of the act any person who is employed in a bona fide executive,...
Worker Adjustment and Retraining Notification (WARN) Act: A Primer
Enacted by the 100th Congress, the Worker Adjustment and Retraining Notification (WARN) Act requires qualified employers that intend to carry out plant closings or mass layoffs to provide 60 days’ notice to affected employees, states, and localities. The purpose of the notice to workers is to allow them to seek alternative employment, arrange for retraining, and otherwise adjust to employment loss. The purpose of notifying states and localities is to allow them to promptly provide services to the dislocated workers and otherwise prepare for changes in the local labor market.
The WARN Act...
Offshoring of Airline Maintenance: Implications for Domestic Jobs and Aviation Safety
Airlines outsource maintenance to countries like China and El Salvador to achieve cost savings from the comparatively lower wages and from lower costs to build and maintain repair facilities. In some cases, particularly in China, government investment and other incentives, along with backing from national airlines, have spurred rapid expansion of the foreign aircraft maintenance industry over the past decade. While airline maintenance work outsourced to foreign repair facilities has increased considerably over the past decade, there are no conclusive data indicating that this has directly...
Administrative Subpoenas in Criminal Investigations: A Sketch
Proponents refer to administrative subpoenas as a quick, efficient and relatively nonintrusive law enforcement tool. Opponents express concern that they pose a threat of unchecked invasions of privacy and evasions of the Fourth Amendment warrant and probable cause requirements.
The courts have determined that, as long as they are not executed in a manner reminiscent of a warrant, administrative subpoenas issued in aid of a criminal investigation must be judicially enforced if they satisfy statutory requirements and are not unreasonable by Fourth Amendment standards.
The Child Protection...
Carl D. Perkins Career and Technical Education Act of 2006: Implementation Issues
The Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Perkins IV; P.L. 109-270) supports the development of academic and career and technical skills among secondary education students and postsecondary education students who elect to enroll in career and technical education (CTE) programs, sometimes referred to as vocational education programs. Perkins IV was authorized through FY2012, which ended on September 30, 2012. The authorization is extended through FY2013 under the General Education Provisions Act. This report provides a summary of potential reauthorization...
The Sustainability of the Federal Budget Deficit: Market Confidence and Economic Effects
The budget deficit has exceeded $1 trillion since 2009. Combined with a shrinking economy, deficits increased the publicly held federal debt by over 30 percentage points of GDP between 2008 and 2012. Deficits of this size are not sustainable in the long run because the federal debt cannot indefinitely grow faster than output. Over time, a greater and greater share of national income would be devoted to servicing the debt, until eventually the government would be forced to finance the debt through money creation or default.
The current policy debate on the “fiscal cliff” occurring at the...
The Controlled Substances Act: Regulatory Requirements
This report highlights certain non-criminal regulatory requirements of the Controlled Substances Act (CSA). The CSA and its implementing regulations establish a framework through which the federal government regulates the use of controlled substances for legitimate medical, scientific, research, and industrial purposes, and prevents these substances from being diverted for illegal purposes. The CSA assigns various plants, drugs, and chemicals (such as narcotics, stimulants, depressants, hallucinogens, and anabolic steroids) to one of five schedules based on the substance’s medical use,...
Outside Employment, “Moonlighting,” by Federal Executive Branch Employees
Most federal employees in the executive branch of government are not subject to a broad, overall prohibition on so-called “moonlighting.” Rank-and-file employees of the government are generally free to take an additional, compensated job outside of their federal work, subject to certain specific “conflict of interest” limitations.
High-ranking officials of the government, on the other hand, may be prohibited from taking any outside compensated private job if they are presidential appointees, and may otherwise be limited in the type of outside employment and the amount of private...
Education for Homeless Children and Youth: Program Overview and Legislation
The Education for Homeless Children and Youth program (EHCY) provides formula grants to state educational agencies (SEAs) to help ensure that all homeless children and youth have equal access to the same free and appropriate public education, including public preschool education that is provided to other children and youth. It is the only federal education program exclusively focused on homeless children and youth. SEAs competitively subgrant funds to local educational agencies (LEAs). Not all LEAs receive EHCY grants. In school year (SY) 2010-2011, 3,651 LEAs, out of a total of 16,290,...
Federal Land Transaction Facilitation Act: Operation and Issues for Congress
The Federal Land Transaction Facilitation Act (FLTFA), which expired on July 25, 2011, provided for the sale or exchange of lands owned by the Bureau of Land Management (BLM) that have been identified for disposal under BLM’s land use plans. Most of the proceeds were to be used for land acquisition. The law’s goals included allowing for reconfiguration of land ownership patterns to better facilitate resource management, improving administrative efficiency, and increasing the effectiveness of the allocation of fiscal and human resources.
The authority to sell or exchange BLM lands under...
The 2010 Census: Count Question Resolution Program
As data products from the 2010 decennial census continue to be disseminated, officials of some jurisdictions and the Members who represent these jurisdictions in Congress may have questions about the accuracy of the census counts for their areas. The Bureau of the Census’s Count Question Resolution (CQR) Program offers local officials a means to challenge certain 2010 census figures on the basis of detailed mapping evidence that they present to the Census Bureau.
The Bureau announced the 2010 census CQR Program in a March 8, 2011, Federal Register notice and began accepting CQR challenges...
Lifeline Telephone Program: Frequently Asked Questions
The concept that all Americans should have affordable access to the telecommunications network, commonly called the “universal service concept,” can trace its origins back to the 1934 Communications Act. The preservation and advancement of universal service has remained a basic tenet of federal communications policy, and in the mid-1980s the Federal Communications Commission (FCC) established the Lifeline program to provide support for low-income subscribers. The Lifeline program, which is administered under the Universal Service Fund (USF) Low Income Program, was established by the FCC in...
Pacific Salmon and Steelhead Trout: Managing Under the Endangered Species Act
Along the Pacific Coast, 28 distinct population segments of Pacific salmon and steelhead trout are listed as either endangered or threatened under the Endangered Species Act (ESA), with three additional populations identified as “species of concern.” While no species of anadromous trout or salmon is in danger of near-term extinction, individual population segments within these species have declined substantially or have even been extirpated. The American Fisheries Society considers at least 214 Pacific Coast anadromous fish populations to be “at risk,” while at least 106 other historically...
Special Order Speeches and Other Forms of Non-Legislative Debate in the House
Rules in the House of Representatives can limit the time allowed for floor speeches and require debate to be germane to pending business. A series of unanimous consent practices have evolved that permit Members to address the House for specified durations and at specified times on subjects of their own choosing, outside the consideration of legislative business. The principal forms of such non-legislative debate are special order speeches, one-minute speeches, and morning hour debates.
Entitlements and Appropriated Entitlements in the Federal Budget Process
Entitlements are programs that require payments to persons, state or local governments, or other entities if specific eligibility criteria established in the authorizing law are met. Entitlement payments are legal obligations of the federal government, and eligible beneficiaries may have legal recourse if full payment under the law is not provided. This report provides a brief explanation of spending for entitlements, including so-called appropriated entitlements, and discusses the procedural and statutory constraints on legislation affecting such entitlement spending.
Basic Federal Budgeting Terminology
In its most elemental form, the federal budget is a comprehensive accounting of the government’s spending, revenues, and borrowing. This report provides a brief overview of the basic terminology and concepts used in the federal budget process.
Membership of the 112th Congress: A Profile
Report that 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.
Baselines and Scorekeeping in the Federal Budget Process
Baselines and scorekeeping are an integral part of the federal budget process, providing lawmakers with a framework for making and enforcing budgetary decisions. The existing-law baseline, currently used by Congress, is a projection of federal spending, revenue, and the deficit (or surplus) that would occur if existing law were left unchanged. The baseline serves as a benchmark for federal budget decisions. Scorekeeping is the process by which the budgetary impact of proposed and enacted budget policies is measured; it assists Congress in making and enforcing budgetary decisions. This...
Federal Civil Rights Statutes: A Primer
Under federal law, an array of civil rights statutes is available to protect individuals from discrimination. This report provides a brief summary of selected federal civil rights statutes, including the Civil Rights Act, the Equal Pay Act, the Voting Rights Act, the Age Discrimination in Employment Act, the Fair Housing Act, Title IX of the Education Amendments of 1972, the Rehabilitation Act, the Equal Credit Opportunity Act, the Equal Educational Opportunities Act, the Age Discrimination Act, the Civil Service Reform Act, the Immigration and Nationality Act, the Americans with...
House Legislative Procedures: Published Sources of Information
The House of Representatives has published information about its current procedures in three primary sources: a House manual, a book on House procedure written for everyday use, and a set of House precedents. The predecessors to these compilations also remain valuable for some purposes. These documents can enable Members and staff to study the House’s rules and precedents and to gauge how they are likely to apply in various circumstances.
Congressional Redistricting: An Overview
The decennial apportionment process determines the number of seats in the House of Representatives for which each state qualifies, based on population counts (for more on the apportionment process, see CRS Report R41357, The U.S. House of Representatives Apportionment Formula in Theory and Practice, by Royce Crocker). The redistricting process determines where those seats are geographically located within each state. Apportionment allocates the seats by state, while redistricting draws the maps.
Redistricting is a state process governed by federal law. Much of this law is judicially...
Air Quality: EPA’s 2012 Proposed Changes to the Particulate Matter (PM) Standard
On June 29, 2012, the Environmental Protection Agency (EPA) published a proposal to revise the National Ambient Air Quality Standard (NAAQS) under the Clean Air Act (CAA) for particulate matter (PM), in response to a June 6, 2012, order issued by the U.S. Court of Appeals for the District of Columbia Circuit. Environmental and public health advocacy groups and 11 states had petitioned the agency, and subsequently filed suit in the D.C. Circuit alleging that EPA failed to perform its mandated duty to complete the review of the PM NAAQS within the statutory deadline. EPA has agreed to issue...
Nutrition Labeling of Restaurant Menus
Rising rates of obesity and the resulting effects on citizens’ health and health care costs have prompted federal, state, and local policymakers to consider a number of policy options to reduce obesity levels in the United States, such as exercise promotion, nutrition education, and taxation of certain foods. Labeling of the nutritional content of foods purchased and consumed outside the home has been recommended by researchers and policymakers as one tool to address rising obesity rates.
The Federal Food, Drug, and Cosmetic Act (FFDCA, P.L. 75-717, as amended) authorizes the Food and...
Update on Controlling Greenhouse Gases from International Aviation
EU ETS international aviation greenhouse gases GHG carbon dioxide CO2 S. 1956 emissions trading International Civil Aviation Organization ICAO UNFCCC European Union climate change global warming international flights Airlines for America A4A China cap-and-trade market-based incentives market-based mechanisms emissions control
The President-Elect: Succession and Disability Issues During the Transition Period
Presidential transition is usually defined as the period and process that take place when one President prepares to leave office, due to retirement or failure to win reelection, and a successor prepares for inauguration. In modern times, the transition period begins immediately after the general election, which is held on Tuesday after the first Monday in November of every presidential election year, and concludes on the following January 20, when the new chief executive is sworn in. For the purposes of this report, the preceding period, which begins with the national party nominating...
Congressional Staff: Duties and Functions of Selected Positions
The United States Congress conducts several types of activities for which it employs staff. These activities include assisting Members in official responsibilities in personal, committee, leadership, or administrative office settings. Congressional career tracks generally mirror common stages of other professional careers, but with adaptations to the congressional workplace. These adaptations include relatively short career ladders on which staff may acquire substantial responsibilities in a relatively short period of time, and close support of a Member’s legislative and representational...
Hurricane Sandy and the 2012 Election: Fact Sheet
Report examining what actions the federal government might take to respond to Hurricane Sandy's impact on the November 6, 2012, election.
Mayo v. Prometheus: Implications for Patents, Biotechnology, and Personalized Medicine
The recent enactment of the Leahy-Smith America Invents Act (AIA), P.L. 112-29, suggests congressional interest in patents on diagnostic methods. In particular, Section 27 of the AIA required the U.S. Patent and Trademark Office to conduct a study on the patenting of genetic diagnostic tests. The 2012 decision of the Supreme Court in Mayo Collaborative Services v. Prometheus Laboratories, Inc. also addressed these sorts of patents. The Court’s decision arguably placed severe limitations on the ability of inventors to obtain diagnostic method patents.
Some observers have welcomed Mayo v....
Federal Crop Insurance for Specialty Crops: Background and Legislative Proposals
The federal crop insurance program provides farmers with risk management tools to address crop yield and/or revenue losses on their farms. Farmers can purchase subsidized policies that pay an indemnity when their production or revenue falls below a guaranteed level.
Historically, the federal crop insurance program primarily has covered traditional farm program crops such as wheat, corn, and soybeans. However, the crop insurance program has expanded in recent decades, and policies are available now for a wide range of commodities, including specialty crops such as fruits and vegetables. In...
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Title VII, Derivatives
The financial crisis implicated the over-the-counter (OTC) derivatives market as a major source of systemic risk. A number of firms used derivatives to construct highly leveraged speculative positions, which generated enormous losses that threatened to bankrupt not only the firms themselves but also their creditors and trading partners. Hundreds of billions of dollars in government credit were needed to prevent such losses from cascading throughout the system. AIG was the best-known example, but by no means the only one.
Equally troublesome was the fact that the OTC market depended on the...
Federal Involvement in Flood Response and Flood Infrastructure Repair: Hurricane Sandy Recovery
Hurricane Sandy was a reminder that the United States is vulnerable to significant weather hazards, and that infrequent but intense flood events can cause significant damage and disruption. In addition to wind damages and electricity disruptions, the storm’s surge damaged property and infrastructure in coastal and inlet areas, while the storm’s rains and snowmelt swelled rivers and creeks. These impacts contributed to public safety concerns and private and public property loss. Although the storm was not notable for its wind intensity, Sandy’s significant size, its unusually low...
Under Title IV-E of the Social Security Act, states, territories, and tribes are entitled to claim partial federal reimbursement for the cost of providing foster care, adoption assistance, and kinship guardianship assistance to children who meet federal eligibility criteria. The Title IV-E program, as it is commonly called, provides support for monthly payments on behalf of eligible children, as well as funds for related case management activities, training, data collection, and other costs of program administration. In FY2011, states (including the 50 states and the District of Columbia)...
President of the United States: Compensation
The Constitution of the United States provides that “The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected.... ” (Constitution of the United States, Article II, Section 1.) The amount of compensation, which is not specified in the Constitution, is set and adjusted by Congress. The President currently receives a salary of $400,000 per annum, which became effective at noon on January 20, 2001, under P.L. 106-58. (P.L. 106-58, Title VI, §644(a); September 29, 1999;...
This memorandum provides information on federal spending for programs explicitly intended for people with low or limited income.
This report provides an overview of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). ECPA consists of three parts. The first, often referred to as Title III, outlaws wiretapping and electronic eavesdropping, except as otherwise provided. The second, the Stored Communications Act, governs the privacy of, and government access to, the content of electronic communications and to related records. The third outlaws the use and installation of pen registers and of trap and trace devices, unless judicially approved for law enforcement or...
Privacy: An Abridged Overview of the Electronic Communications Privacy Act
This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA).
It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given his prior consent. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. Violations can result in imprisonment for not more than five years; fines up to $250,000 (up to $500,000 for organizations); civil liability...
Churches and Campaign Activity: Analysis Under Tax and Campaign Finance Laws
As the 2012 election cycle heats up, there are allegations that some houses of worship have engaged in impermissible activities. Under the Internal Revenue Code (IRC), churches and other houses of worship with tax-exempt 501(c)(3) status may not participate in campaign activity. They are permitted under the tax laws to engage in other activities that are political in nature (e.g., distribute voter guides and invite candidates to speak at church functions) so long as the activity does not support or oppose a candidate. Additionally, religious leaders may engage in campaign activity in their...
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 2004-2011
This report provides background data on U.S. arms sales agreements with and deliveries to its major purchasers during calendar years 2004-2011, made through the U.S. Foreign Military Sales (FMS) program. In a series of data tables, it lists the total dollar values of U.S. government-to-government arms sales agreements with its top five purchasers, and the total dollar values of U.S. arms deliveries to those purchasers, in five specific regions of the world for three specific periods: 2004-2007, 2008-2011, and 2011 alone. In addition, the report provides data tables listing the total dollar...
In recent years, a recurring subject of debate in the Senate has been the length of time taken for lower court nominations to receive Senate confirmation. During the 111th and 112th Congresses, this debate has focused, in part, on President Obama’s uncontroversial nominees to U.S. circuit and district court judgeships—and on whether, or to what extent, such nominees have waited longer to receive Senate confirmation than the uncontroversial judicial nominees of other recent Presidents.
To more fully inform this debate, the following report provides a statistical overview, from Presidents...
The Tobacco Control Act’s Ban of Clove Cigarettes and the WTO: A Detailed Analysis
In 2009, Congress passed the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), which banned the sale of all flavored cigarettes, except menthol cigarettes, in Section 907(a)(1)(A). Indonesia, a major producer of clove cigarettes, challenged the Tobacco Control Act’s ban on non-menthol flavored cigarettes before a World Trade Organization (WTO) panel, claiming, among other things, that it violated Articles 2.1 and 2.2 of the Agreement on Technical Barriers to Trade (TBT Agreement). Article 2.1 requires WTO members to ensure that domestic regulations setting forth...
Prospects for Democracy in Hong Kong: Results of the 2012 Elections
Hong Kong selected a new Chief Executive and Legislative Council (Legco) in March and September of 2012, respectively. Both elections delivered surprising results for different reasons. The eventual selection of Leung Chu-ying (CY Leung) as Chief Executive came after presumed front-runner Henry Tang Ying-yen ran into a series of personal scandals. The Legco election results surprised many as several of the traditional parties fared poorly while several new parties emerged victorious.
The 2012 elections in Hong Kong are important for the city’s future prospect for democratic reforms...
Whistleblower Protections Under Federal Law: An Overview
Legal protections for employees who report illegal misconduct by their employers have increased dramatically since the late 1970s when such protections were first adopted for federal employees in the Civil Service Reform Act of 1978. Since that time, with the enactment of the Whistleblower Protection Act of 1989, Congress has expanded such protections for federal employees. Congress has also established whistleblower protections for individuals in certain private-sector employment through the adoption of whistleblower provisions in at least 18 federal statutes. Among these statutes are the...
The Unemployment Trust Fund and Reed Act Distributions
Under the Federal Unemployment Tax Act (FUTA; P.L. 76-379), the federal unemployment tax on employers finances the states’ administrative costs of Unemployment Compensation (UC) and loans to states with insolvent UC programs. The extended benefits program is funded 50% by the federal government and 50% by the states, but the 2009 stimulus package (P.L. 111-5 §2005) as amended temporarily provides for 100% federal funding of this program through December 31, 2012.
FUTA tax revenues are placed into the Unemployment Trust Fund (UTF) that—among its many accounts—contains three federal accounts...
The bursting of the housing bubble in 2006 precipitated the December 2007-June 2009 recession and a financial panic in September 2008. With the housing market seen as a locus for many of the economic problems that emerged, some Members of Congress propose intervening in the housing market as a means of improving not only the housing market itself but also the financial sector and the broader economy. Critics are concerned that further intervention could prolong the housing slump, delay recovery, and affect outcomes based on the government’s preferences. One frequently discussed proposal...
The National Labor Relations Act: Background and Selected Topics
The National Labor Relations Act (NLRA or “the Act”) recognizes the right of employees to engage in collective bargaining through representatives of their own choosing. By “encouraging the practice and procedure of collective bargaining,” the Act attempts to mitigate and eliminate labor-related obstructions to the free flow of commerce. Although union membership has declined dramatically since the 1950s, congressional interest in the NLRA remains significant. In the 112th Congress, over 30 bills have been introduced to amend the NLRA. Some of these bills address the timing of union...
TARP Assistance for Chrysler: Restructuring and Repayment Issues
The recent recession and accompanying credit crisis posed severe challenges for all automakers, but especially for General Motors and Chrysler. Executives of both companies testified before congressional committees in the fall of 2008 requesting federal bridge loans. Legislation that would have provided such financial assistance passed the House of Representatives but did not pass the Senate. In lieu of that assistance, the Bush Administration turned to the Troubled Asset Relief Program (TARP), a $700 billion program that was enacted in October 2008 to shore up the financial system and...
Political Ads: Issue Advocacy or Campaign Activity Under the Tax Code?
Television and radio airwaves are inundated with political ads right now, and their numbers will only increase as the November 2012 elections get closer. Some ads expressly tell viewers or listeners which candidate to vote for or against. Others take a different approach. These ads typically urge people to contact an elected official, who also happens to be a candidate in the upcoming election, and tell him/her to support an issue or piece of legislation. Sometimes they do not even mention any candidate/officeholder by name, yet some still feel political in nature.
The question of whether...
Internet Firearm and Ammunition Sales
As the Internet has become a significant venue for facilitating commercial transactions, concerns have arisen regarding the use of this medium to transfer firearms. This report discusses the sale of firearms and ammunition over the Internet, with a focus on the extent to which federal law regulates such activity. A review of the relevant factors indicates Internet-based firearm transactions are subject to the same regulatory scheme governing traditional firearm transactions. Over the years, this has raised concern about the possibility of increased violation of federal firearm laws, as...
Why Some Fuel-Efficient Vehicles Are Not Sold Domestically
diesel vehicles, EPA, greenhouse gas emissions, Volkswagen, Ford, fuel efficiency, miles per gallon, automobiles
Child Custody and Support: Frequently Asked Questions
Under the U.S. Constitution, Congress has little direct authority to legislate in the field of domestic relations. Generally, state policy guides these decisions. Despite the lack of direct authority to legislate domestic relations issues, Congress continues to enact federal laws that indirectly affect family law questions concerning child custody and support. This report answers questions frequently asked regarding the interplay between federal and state laws governing these areas.
In some jurisdictions, it is unethical for an attorney to secretly record a conversation even though it is not illegal to do so. A few states require the consent of all parties to a conversation before it may be recorded. Recording without mutual consent is both illegal and unethical in those jurisdictions. Elsewhere the issue is more complicated.
In 1974, the American Bar Association (ABA) opined that surreptitiously recording a conversation without the knowledge or consent of all of the participants violated the ethical prohibition against engaging in conduct involving “dishonesty,...
In some jurisdictions, it is unethical for an attorney to secretly record a conversation even though it is not illegal to do so. A few states require the consent of all parties to a conversation before it may be recorded. Recording without mutual consent is both illegal and unethical in those jurisdictions. Elsewhere the matter is more uncertain.
In 1974, the American Bar Association (ABA) opined that surreptitiously recording a conversation without the knowledge or consent of all of the participants violated the ethical prohibition against engaging in conduct involving “dishonesty, fraud,...
Disposal of Unneeded Federal Buildings: Legislative Proposals in the 112th Congress
Federal executive branch agencies hold an extensive real property portfolio that includes approximately 399,000 buildings. These assets have been acquired over a period of decades to help agencies fulfill their diverse missions. Agencies hold buildings with a range of uses, including offices, health clinics, warehouses, and laboratories. As agencies’ missions change over time, so, too, do their real property needs, thereby rendering some assets less useful or unneeded altogether. Healthcare provided by the Department of Veterans Affairs (VA), for example, has shifted in recent decades from...
Executive Compensation at the U. S. Postal Service: Issues for the 112th Congress
Media reports and some Members of Congress have expressed concerns that the pay of U.S. Postal Service (USPS) executives is too high and should be reduced. USPS and others have argued that current compensation rates are needed to attract talented employees to a Postal Service that delivers mail and packages to homes and businesses throughout the United States without taxpayer assistance.
The 112th Congress has taken action on two bills that would limit USPS executive compensation or benefits. S. 1789 would remove certain “fringe benefits” and cap pay at Level I of the Executive Schedule...
LIBOR: Frequently Asked Questions
The London Interbank Offer Rate (LIBOR) is an estimate of prevailing interest rates in London money markets. Barclays, a British bank that serves on the panel responding to the LIBOR survey, recently admitted submitting false responses to manipulate the index (and attempting to manipulate a similar index, the Euro Interbank Offer Rate [EURIBOR]). The Commodity Futures Trading Commission (CFTC) and the U.S. Department of Justice (DOJ) reached settlements with Barclays in which the bank agreed to admit fault and pay a large fine.
This report answers several frequently asked questions.
How...
Postal Service: Collective Bargaining
This report describes the scope of the collective bargaining authority that Congress has granted to the Postal Service and authority of Congress to modify employee-management relations by altering that scope or the terms of collective bargaining agreements. It also summarizes some provisions—H.R. 2309, the Postal Reform Act of 2011, and S. 1789, the 21st Century Postal Service Act of 2012, both of the 112th Congress—that relate to collective bargaining.
This report will be updated to reflect changes in relevant developments.
An Analysis of Charitable Giving and Donor Advised Funds
Congress has long been concerned with ensuring that contributions for which tax deductions are claimed directly benefit charitable activities. Private foundations, a traditional arrangement that allows donations to non-active charitable entities, typically pay grants out of earnings on donated assets. Another arrangement that is growing rapidly is the donor advised fund (DAF). A taxpayer contributes to a DAF, taking a tax deduction. The fund sponsor makes grants to active charities, advised by the donor. Unlike private foundations, DAFs are not required to pay out a certain proportion of...
U.S. Postal Service: Background and Analysis of H.R. 2309 and S. 1789 in the 112th Congress
Since FY2007, the U.S. Postal Service (USPS) has lost more than $25 billion. Were it not for congressional action to reduce and defer statutorily required retiree health benefits, the USPS would have lost an additional $9.5 billion. As the USPS’s finances have deteriorated, its ability to absorb operating losses has been diminished. The USPS’s current debt is $13 billion, $2 billion below its maximum statutory borrowing authority. The agency owes $11.1 billion in payments to the Retiree Health Benefits Fund by September 20, 2012, and it currently has less than $1 billion in cash. These...
Federal Advisory Committees: An Overview
Federal advisory committees—which may be designated as commissions, councils, or task forces—are created as provisional advisory bodies to collect viewpoints on various policy issues. Advisory bodies have been created to address a host of issues and can help the government manage and solve complex or divisive issues. Congress, the President, or an agency head may create a federal advisory committee to render independent advice or make policy recommendations to various federal agencies or departments.
In 1972, Congress enacted the Federal Advisory Committee Act (FACA; 5 U.S.C....
On April 24, 2012, the House and Senate began the conference process to reconcile legislation passed in both houses that would extend authorization for Department of Transportation programs. Title V in the House-passed legislation (H.R. 4348), Highway and Infrastructure Safety Through the Protection of Coal Combustion Residual Recycling, would amend the Resource Conservation and Recovery Act (RCRA) to add Section 4011. Largely identical to the Coal Residuals Reuse and Management Act passed in the House (H.R. 2273) and introduced in the Senate (S. 1751), the proposed Section 4011 would...
Veterans Affairs: Historical Budget Authority, FY1940-FY2012
Budget authority—the amount of money a federal department or agency can spend or obligate to spend by law—for veterans’ benefits and services has increased significantly since FY1940. In FY1940, the budget authority for veterans’ benefits and services was $561.1 million, and in FY2012 the budget authority was $125.3 billion, or more than 200 times the FY1940 budget authority. In constant 2011 dollars (i.e., inflation-adjusted), the FY2012 budget authority is 14 times the FY1940 budget authority. The increases over time have reflected the impact of increases in the number of veterans as the...
Health Care Flexible Spending Accounts
Health care Flexible Spending Accounts (FSAs) are benefit plans established by employers to reimburse employees for health care expenses such as deductibles and copayments. FSAs are usually funded by employees through salary reduction agreements, although employers are permitted to contribute as well. The contributions to and withdrawals from FSAs are tax-exempt.
Historically, health care FSA contributions were forfeited if not used by the end of the year. However, in 2005, the Internal Revenue Service (IRS) formally determined that employers may extend the deadline for using unspent...
The 3.8% Medicare Contribution Tax on Unearned Income, Including Real Estate Transactions
The Health Care and Education Reconciliation Act of 2010 (HCERA, P.L. 111-152) contains a provision that will subject certain individuals to a 3.8% “unearned income Medicare contribution” tax beginning in 2013. The tax has been labeled by some as a “home sales tax” or “real estate tax.” The tax, however, is not exclusively limited to real estate transactions. Additionally, contrary to some reports, the tax does not apply to all real estate transactions. Some taxpayers that dispose of real estate may be exempt from the tax either because of income limitations or because of an exclusion...
Presidential Travel: Policy and Costs
For security and other reasons, the President, Vice President, and First Lady use military aircraft when they travel. The White House generally categorizes the trips as fulfilling either official or political functions. Often, a trip involves both official and political, or unofficial, activities. When a trip is for an official function, the government pays all costs, including per diem (food and lodging), car rentals, and other incidental expenses. When a trip is for political or unofficial purposes, those involved must pay for their own food and lodging and other related expenses, and...
Clarifying the Concept of “Partnership” in National Security: In Brief
Over the last few years, the term partnership has spread like wildfire through official U.S. national security guidance documents and rhetoric. At the Department of Defense (DOD), which spearheaded the proliferation of the use of the term, partnership has been used to refer to a broad array of civilian as well as military activities in support of national security. At other U.S. government agencies, and at the White House, the use of the term partnership has been echoed and applied even more broadlynot only in the national security arena, but also to all facets of U.S. relationships with...
Reconciliation Directives: Components and Enforcement
The purpose of the reconciliation process is to enhance Congress’s ability to bring existing spending, revenue, and debt-limit laws into compliance with current fiscal priorities established in the annual budget resolution. When Congress adopts a budget resolution, it is agreeing upon its budgetary goals for the upcoming fiscal year. In some cases, for these goals to be achieved, Congress must pass legislation that alters current revenue, direct spending, or debt-limit laws. Reconciliation instructions are the means by which Congress can establish the roles that specific committees will...
Issues and Challenges for Federal Geospatial Information
Congress has recognized the challenge of coordinating and sharing geospatial data from the local, county, and state level to the national level, and vice versa. The cost to the federal government of gathering and coordinating geospatial information has also been an ongoing concern. As much as 80% of government information has a geospatial component, according to various sources. The federal government’s role has changed from being a primary provider of authoritative geospatial information to coordinating and managing geospatial data and facilitating partnerships. Congress explored issues...
State laws that require parental involvement in a pregnant minor’s abortion decision have gained greater visibility in light of recent attempts by Congress to criminalize the interstate transport of a minor to obtain an abortion. At least forty-four states have enacted statutes that require a minor to seek either parental notification or parental consent before obtaining an abortion. This report discusses the validity of state parental involvement laws in the context of Planned Parenthood of Southeastern Pennsylvania v. Casey, Ayotte v. Planned Parenthood of Northern New England, and other...
Members of Congress Who Die in Office: Historic and Current Practices
Since 1973, 84 Members of Congress—69 Representatives and 15 Senators—have died in office. When a sitting Member dies, the House and Senate carry out a number of actions based on chamber rules, statutes, and long-standing practices. Some observances, such as adjourning briefly as a mark of respect to the deceased, appointing Member delegations to attend funerals of deceased colleagues, or paying the costs of a funeral from public funds, were initially observed in the earliest Congresses, or predate the national legislature established under the Constitution. It appears that contemporary...
Subsidy Cost of Federal Credit: Cost to the Government or Fair Value Cost?
Since the mid-1980s, budget experts have debated whether the best method of measuring the subsidy cost of federal credit (direct loans and loan guarantees) is the cost to the government or the fair value cost. The cost to the government would reflect the actual budget cost measured by discounting of expected cash flows associated with each program at the interest rate on risk-free Treasury securities. The measure of the cost to the government would place the cost of federal credit on the same basis as a grant or a tax expenditure; consequently, policymakers would have an incentive to use...
Legal Issues Regarding Census Data for Reapportionment and Redistricting
This report provides an overview of selected issues regarding census data that have arisen during recent decennial censuses, including use of sampling or other estimation techniques and counting U.S. citizens residing abroad. The Constitution requires that state representation in the House of Representatives be based on a population census conducted at least once every 10 years. The Constitution does not expressly require use of official federal decennial census data for intrastate redistricting, but courts have found that states must use the best data available, which may or may not be...
Federal Depository Library Program: Issues for Congress
Congress established the Federal Depository Library Program (FDLP) to provide free public access to federal government information. The program’s origins date to 1813; the current structure of the program was established in 1962 and is overseen by the Government Printing Office (GPO). Access to government information is provided through a network of depository libraries across the United States. In the past half-century, information creation, distribution, retention, and preservation has expanded from a tangible, paper-based process to include digital processes managed largely through...
Prosecution of Public Corruption: An Abridged Overview of Amendments Under H.R. 2572 and S. 2038
The House Judiciary Committee has approved an amended version of the Clean Up Government Act (H.R. 2572). The Senate has passed nearly identical provisions as Title II of the Stop Trading on Congressional Knowledge Act (STOCK Act; S. 2038). Title II, however, was dropped from the bill prior to its enactment as P.L. 112-105, 126 Stat. 291 (2012). Among other things, Title II and H.R. 2572 would each:
Expand the scope of federal mail and wire fraud statutes to reach undisclosed self-dealing by public officials—in response to Skilling.
Amend the definition of official act for bribery...
Data Security Breach Notification Laws
A data security breach occurs when there is a loss or theft of, or other unauthorized access to, sensitive personally identifiable information that could result in the potential compromise of the confidentiality or integrity of data. Forty-six states, the District of Columbia, Puerto Rico, and the Virgin Islands have laws requiring notification of security breaches involving personal information. Federal statutes, regulations, and a memorandum for federal departments and agencies require certain sectors (healthcare, financial, federal public sector, and the Department of Veterans Affairs)...
Unlawful Internet Gambling Enforcement Act (UIGEA) and Its Implementing Regulations
The Unlawful Internet Gambling Enforcement Act (UIGEA) seeks to cut off the flow of revenue to unlawful Internet gambling businesses. It outlaws receipt of checks, credit card charges, electronic funds transfers, and the like by such businesses. It also enlists the assistance of banks, credit card issuers and other payment system participants to help stem the flow of funds to unlawful Internet gambling businesses. To that end, it authorizes the Treasury Department and the Federal Reserve System (the Agencies), in consultation with the Justice Department, to promulgate implementing...
Indian Gaming: Legal Background and the Indian Gaming Regulatory Act (IGRA)
In the 1980s, a number of Indian tribes developed high-stakes bingo and other gaming operations to raise non-federal revenue to fund their governments. In 1988, after the Supreme Court held, in California v. Cabazon Band of Mission Indians, that federal and tribal interests in Indian gaming preempted state law such that state regulation of gaming did not apply to tribal gaming operations on tribal land, Congress passed the Indian Gaming Regulatory Act (IGRA). IGRA provides a statutory basis for Indian tribes to conduct gaming on “Indian lands” and establishes a regime for regulating Indian...
Selected Federal Data Security Breach Legislation
The protection of data, particularly data that can be used to identify individuals, has become an issue of great concern to Congress. There is no comprehensive federal law governing the protection of data held by private actors. Only those entities covered by the Gramm-Leach-Bliley Act, 15 U.S.C. §§6801-6809, (certain financial institutions) and the Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. §1320d et seq., and amendments to HIPAA contained in the Health Information Technology for Economic and Clinical Health Act (HITECH Act), P.L. 111-5, (certain health care...
Section 404 of the Sarbanes-Oxley Act of 2002 requires the Securities and Exchange Commission (SEC) to issue rules requiring annual reports filed by reporting issuers to state the responsibility of management for establishing and maintaining an adequate internal control structure and procedures for financial reporting and for each accounting firm auditing the issuer’s annual report to attest to the assessment made of the internal accounting procedures made by the issuer’s management. There have been criticisms that this provision is overly burdensome and costly for small and medium-sized...
Crowdfunding refers to the financing of an activity through the collective cooperation of people who pool their money or other resources, sometimes through a networking site on the Internet. Common goals of crowdfunding involve such activities as disaster relief, political campaigns, and investing. In the investment area, crowdfunding may involve relatively small individual monetary contributions from a group of investors in order to meet a specific goal. Crowdfunding in the investment area received increased attention in the 112th Congress, resulting with the passage of the Jumpstart Our...
The Emergency Planning and Community Right-to-Know Act (EPCRA): A Summary
This report summarizes the Emergency Planning and Community Right-to-Know Act (EPCRA) and the major regulatory programs that mandate reporting by industrial facilities of releases of potentially hazardous chemicals to the environment, as well as local planning to respond in the event of significant, accidental releases. The text is excerpted, with minor modifications, from the corresponding chapter of CRS Report RL30798, Environmental Laws: Summaries of Major Statutes Administered by the Environmental Protection Agency, coordinated by David M. Bearden, which summarizes major environmental...
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Executive Compensation
As part of their financial regulatory reform legislation, both the House and the Senate passed bills with provisions applying to executive compensation. The House- and Senate-passed executive compensation provisions differed, in some cases significantly.
The House and Senate conferees on Wall Street reform passed an executive compensation subtitle. On June 30, 2010, the House agreed to the conference report for H.R. 4173, now referred to as the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). The Senate agreed to the conference report on July 15, 2010. The President...
Burma’s April Parliamentary By-Elections
The Republic of the Union of Myanmar (Burma) held parliamentary by-elections on April 1, 2012. According to the official results announced by Union Election Commission (UEC), the National League for Democracy (NLD) won all but two of the 45 seats, including NLD Chair Aung San Suu Kyi winning a seat in the lower house of Burma’s national parliament. Depending its assessment of the conduct of the election and the official election results, the Obama Administration may seek to alter policy towards Burma, possibly including the waiver or removal of some current sanctions. Such a shift may...
U.S. National Science Foundation: Major Research Equipment and Facility Construction
The Major Research Equipment and Facilities Construction (MREFC) account of the National Science Foundation (NSF) supports the acquisition and construction of major research facilities and equipment that are to extend the boundaries of science, engineering, and technology. The facilities include telescopes, earth simulators, astronomical observatories, and mobile research platforms. Currently, the NSF provides approximately $1.0 billion annually in support of facilities and other infrastructure projects. While the NSF does not directly design or operate research facilities, it does have...
FY2013 Budget Documents: Internet and GPO Availability
This report provides brief descriptions of the budget volumes and related documents, together with Internet addresses, Government Printing Office (GPO) stock numbers, and prices for obtaining print copies of these publications. It also explains how to find the locations of government depository libraries, which can provide both printed copies for reference use and Internet access to the online versions.
Asset Distribution of Taxable Estates: An Analysis
This report provides data on the distribution of assets in estates as reported on estate tax returns filed in 2009 and 2010. The data for 2010 are unique, as the estate tax was repealed for those who died in calendar year 2010. Thus, the 2010 data are presented as an appendix to this report. Based on the 2009 data, this report finds that farm and business assets represent a small share of the total value of taxable estates that filed tax returns in 2009 (3.25% and 13.86%, respectively). That share is concentrated in estates valued over $10 million. For an overview of the estate tax, see...
A Separate Consumer Price Index for the Elderly?
The federal government, in an effort to protect the purchasing power of Social Security beneficiaries, indexes benefits to increases in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Concern has periodically been expressed that the CPI-W may understate the impact of inflation on the elderly population and that it therefore may not be the most appropriate measure of inflation’s impact on the elderly.
At the behest of Congress, the U.S. Bureau of Labor Statistics (BLS) developed an experimental price index to track changes in the cost of living for the...
Taxing Large Pass-Throughs As Corporations: How Many Firms Would Be Affected?
Several lawmakers and the Obama Administration have expressed interest in taxing large partnerships and S corporations, also known as pass-throughs, as corporations. Part of this interest appears to be related to deficit and debt concerns. Pass-throughs may be a source of revenue since they currently account for over half of all business income but generally pay no corporate tax. Additionally, there is a growing concern that the current business tax environment may be inequitable and inefficient. Today, two business that are otherwise identical except that one is a corporation and the...
The Davis-Bacon Act and Changes in Prevailing Wage Rates, 2000 to 2008
The Davis-Bacon Act requires employers to pay workers at least the locally prevailing wage and fringe benefits on federal construction projects of more than $2,000. These wages and benefits are the minimum that employers must pay workers. In order to hire and retain workers, employers may pay more than the minimum amounts. Issues for Congress include the effect of the Davis-Bacon Act on labor costs in federal construction and the earnings of construction workers and their families. Other concerns include the administration and enforcement of the act.
The U.S. Department of Labor (DOL)...
Selected Agency Budget Justifications for FY2013
This report provides a convenient listing of online FY2013 agency budget justification submissions for all 15 executive branch departments and 9 selected independent agencies.
On March 20, 2012, House Budget Committee Chairman Paul Ryan released the Chairman’s mark of the FY2013 House budget resolution together with his report entitled “The Path to Prosperity: A Blueprint for American Renewal,” which outlines his budgetary objectives. On the same day, CBO issued an analysis of the long-term budgetary impact of Chairman Ryan’s budget proposal based on specifications provided by House Budget Committee staff. The House Budget Committee considered and amended the Chairman’s mark on March 21, 2012, and voted to report the budget resolution to the full House....
The Americans with Disabilities Act (ADA): Movie Captioning and Video Description
The Americans with Disabilities Act (ADA) is a broad civil rights statute prohibiting discrimination against individuals with disabilities. Title III of the ADA prohibits discrimination by public accommodations, which are defined to include movie theaters, but the statute does not include specific language on closed captioning or video description. Although the Department of Justice (DOJ) has promulgated regulations under Title III, it has not specifically addressed issues regarding closed captioning or video description. However, DOJ has issued an advance notice of proposed rulemaking...
The Americans with Disabilities Act (ADA): Application to the Internet
The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection in employment, public services, public accommodations and services operated by private entities, transportation, and telecommunications for individuals with disabilities. As stated in the act, its purpose is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.”
However, the ADA, enacted on July 26, 1990, prior to widespread use of the Internet, does not specifically cover the Internet, and the issue of coverage has not been...
On March 21, 2012, the Supreme Court resolved a long-simmering issue of federal environmental enforcement. The issue in Sackett v. Environmental Protection Agency involved the “administrative compliance order” (ACO), frequently used by the Environmental Protection Agency (EPA) to enforce statutes it administers. The Court held that the Administrative Procedure Act makes available “pre-enforcement review” of ACOs under Section 404 of the Clean Water Act (CWA), which establishes the federal wetlands permitting program. Recipients of Section 404 ACOs no longer have to wait, while penalties...
Federal Statutes: What They Are and Where to Find Them
This report provides a brief overview of federal statutes and where to find them, both in print and on the Internet. When Congress passes a law, it may amend or repeal earlier enactments or it may create new law. Newly enacted laws are published chronologically, first as separate statutes in “slip law” form and later cumulatively in a series of volumes known as the Statutes at Large. Statutes are numbered by order of enactment either as public laws or, far less frequently, private laws, depending on their scope. Most statutes are incorporated into the United States Code. The United States...
The Impact of Budget Proposals on Tax-Exempt Bonds
Under current law, interest income from bonds issued by state and local governments is exempt from federal income taxes. In addition, interest on bonds issued by certain nonprofit entities and authorities is also exempt from federal income taxes. Together, these tax preferences are estimated to generate a federal revenue loss of $309.9 billion over the 2012 to 2016 budget window. Along with this direct “cost,” economic theory holds that tax-exempt bonds distort investment decisions (leading to over-investment in this sector). As with many other tax preferences, the income exclusion is...
Ethical Considerations in Assisting Constituents With Grant Requests Before Federal Agencies
There is no inherent ethical problem with a Member’s office assisting constituents and constituent organizations with the procedures and applications for federal grants. Although in most instances such assistance would involve the provision and distribution of grant information to constituents and constituent groups, it is possible that on occasion, if the office deems it appropriate, the office may contact a federal agency to express interest in and support of the grant application.
In conducting such assistance, three general areas of ethical considerations should be noted:
In...
On January 4, 2011, the GPRA Modernization Act of 2010 (GPRAMA) became law. The acronym “GPRA” in the act’s short title refers to the Government Performance and Results Act of 1993 (GPRA 1993), a law that GPRAMA substantially modified. When GPRA 1993 was enacted, it was regarded as a watershed for the federal government. For the first time, Congress established statutory requirements for most agencies to set goals, measure performance, and submit related plans and reports (hereafter, “products”) to Congress for its potential use.
After a four-year phase-in period for GPRA 1993 and 13 years...
Presidential Nominating Process: Current Issues
After a period of uncertainty over the presidential nominating calendar for 2012, the early states again settled on January dates for primaries and caucuses. Iowa held its caucuses on January 3 and New Hampshire held its primary on January 10. These two states, along with South Carolina and Nevada, are exempt from Republican national party rules that do not permit delegate selection contests prior to the first Tuesday in March, but specify that these contests may not be held before February 1. Officials in Florida announced that the state would hold a January 31, 2012, primary, in...
U.S. Implementation of Basel II.5, Basel III, and Harmonization with the Dodd-Frank Act
The Basel III Capital Accord, which was produced by the Basel Committee on Banking Supervision at the Bank for International Settlements, is the latest in a series of evolving agreements among central banks and bank supervisory authorities from around the world to establish minimum capital requirements for financial institutions. Capital serves as a cushion against sudden financial shocks (such as an unusually high occurrence of loan defaults), which can otherwise lead to insolvency. The Basel III regulatory reform package revises the definition of regulatory capital and increases the...
Civilian Property Realignment Act of 2011 (H.R. 1734): Analysis of Key Provisions
In an effort to reduce the costs associated with maintaining thousands of unneeded and underutilized federal buildings, and to generate revenue through the sale of such properties, the 112th Congress is considering several real property reform bills. Perhaps the most comprehensive of these proposals is H.R. 1734, the Civilian Property Realignment Act (CPRA) of 2011. CPRA was introduced on May 4, 2011, and reported by the House Committee on Transportation and Infrastructure, Subcommittee on Economic Development, Public Buildings, and Emergency Management on May 25, 2011. CPRA was reported...
The Arecibo Ionospheric Observatory
The Arecibo Ionospheric Observatory is a radio and radar telescope located in Barrio Esperanza, Arecibo, Puerto Rico. The Arecibo Observatory is managed, operated, and maintained by SRI International, under contract with the National Science Foundation (NSF). In 2005-2006, NSF’s Division of Astronomical Sciences (AST) conducted a Senior Review of its portfolio of facilities. Among other things, the Senior Review was to identify potential reinvestment in the highest priority existing programs in AST and restructure the operational efficiency of the existing facilities. The Review reported...
Financial Performance of the Major Oil Companies, 2007-2011
Periods of rising oil prices can result in reduced economic growth, rising prices, and reduced disposable incomes for consumers, as well as a deteriorating trade balance. For the oil industry, periods of high oil prices generally imply increasing cash flows and higher profits. While some view the improvement in the industries’ finances under these conditions as a business return no different than those earned in other industries, others view it as a windfall, a direct transfer from consumers, without any significant additional activity attributable to the industry. Although the U.S. oil...
Health Insurance Coverage of Children, 2010
In 2010, 90% of children had health insurance coverage in the United States, and 10% of children were uninsured. Among children with coverage, private health insurance, including employer-sponsored insurance and nongroup insurance, was the predominant source of coverage, followed by public coverage, including Medicaid and other means-tested public programs (e.g., the State Children’s Health Insurance Program—CHIP), as well as Medicare and military health care.
These estimates, and the estimates detailed in this report, are from the U.S. Census Bureau’s Annual Social and Economic Supplement...
Contract Liability Arising from the Nuclear Waste Policy Act (NWPA) of 1982
Almost 30 years ago, Congress addressed growing concerns regarding nuclear waste management by calling for the federal collection of spent nuclear fuel (SNF) and high-level waste for safe, permanent disposal. To this end, the Department of Energy (DOE) was authorized by the Nuclear Waste Policy Act (NWPA) to enter into contracts with nuclear power providers to gather and dispose of the provider’s SNF in exchange for payments into the statutorily established Nuclear Waste Fund (NWF). Under the terms of the NWPA, these contracts were to require that the federal government begin disposal of...
Health-Related Revenue Provisions in the Patient Protection and Affordable Care Act (ACA)
The Patient Protection and Affordable Care Act (ACA; P.L. 111-148 as amended) will, among other things, raise revenues to pay for expanded health insurance coverage. According to the Joint Committee on Taxation, these health-related provisions are projected to increase federal revenues by about $392 billion over 10 years.
The majority (64%) of the health-related revenues will come from individuals, largely from taxes imposed on higher income tax filers though the Medicare payroll tax and adding an additional tax on net investment income. A much smaller share of revenues derived from...
Tax Benefits for Health Insurance and Expenses: Overview of Current Law
How tax policy affects health insurance and health care spending is a perennial subject of discussion in Washington. The issue is prompted by the size of the tax benefits, by their effect on the cost and allocation of health care resources, and by interest in comprehensive tax reform.
Current law contains significant tax benefits for health insurance and expenses. By far the largest is the exclusion for employer-paid coverage, which employees may omit from their individual income taxes. The exclusion also applies to employment taxes and to health benefits in cafeteria plans. (The exclusion...
EPA’s Utility MACT: Will the Lights Go Out?
On December 21, 2011, EPA Administrator Lisa Jackson announced final standards aimed at reducing mercury and other air toxics emissions from electric generating units (EGUs) by about 90%. The rule, commonly referred to as the “Utility MACT” or the “Mercury and Air Toxics Standards” (MATS), has been more than a decade in the making (Congress authorized the standards in the 1990 Clean Air Act Amendments), and it is among the most expensive rules that EPA has ever promulgated. EPA estimates the annualized cost at $9.6 billion in 2015. Industry estimates have been higher.
The benefits are...
Sexual Harassment: Developments in Federal Law
Gender-based discrimination, sexual harassment, and violence against women in the workplace, schools, and society at large are continuing topics of legislative and judicial concern. Legal doctrines condemning the extortion of sexual favors as a condition of employment or job advancement and other sexually offensive workplace behaviors resulting in a “hostile environment” have evolved from judicial decisions under Title VII of the 1964 Civil Rights Act and other federal equal employment opportunity laws. The earlier judicial focus on economic detriment or quid pro quo harassment—that is,...
Federal Aid to Roads and Highways Since the 18th Century: A Legislative History
The federal government has provided aid for roads and highways since the establishment of the United States in 1789. This report comprises a brief history of such aid, detailing some precedent setters and more recent funding through the Highway Trust Fund, which was created in 1956.
Two important components of access to mental health and substance use disorder services are their insurance coverage and the terms under which they are covered. Federal mental health parity law addresses the terms under which mental health and substance use disorder services are covered in comparison with medical and surgical services in those plans that choose to offer coverage of these services. Federal law requires parity in annual and aggregate lifetime limits, treatment limitations, financial requirements, and in- and out-of-network covered benefits. However, federal parity law does...
Warrantless Seizures in Forfeiture Cases: Due Process and Alvarez v. Smith in the Supreme Court
Alvarez v. Smith became moot while pending before the United States Supreme Court. At the time, the Court had agreed to decide whether a six-month delay between a state’s seizure of property and its forfeiture hearing requires additional procedural safeguards. Traditionally, forfeiture hearing delays have been judged by the speedy trial standards of Barker v. Wingo. The Court had been asked to decide whether they should instead be judged by the general due process standards of Mathews v. Eldridge.
Alvarez v. Smith arose in Chicago where a group of property owners filed a civil rights class...
U.S. Fossil Fuel Resources: Terminology, Reporting, and Summary
Discussions of U.S. and global energy supply refer to oil, natural gas, and coal using several terms that may be unfamiliar to some. The terms used to describe different types of fossil fuels have technically precise definitions, and misunderstanding or misuse of these terms may lead to errors and confusion in estimating energy available or making comparisons among fuels, regions, or nations.
Fossil fuels are categorized, classified, and named using a number of variables. Naturally occurring deposits of any material, whether it is fossil fuels, gold, or timber, comprise a broad spectrum...
Tax Gap: Misclassification of Employees as Independent Contractors
The misclassification of employees as independent contractors contributes to the tax gap. Consequently, congressional interest has been expressed about the importance of the proper classification of workers. The Internal Revenue Service (IRS) defines the gross tax gap as the difference between the aggregate tax liability imposed by law for a given tax year and the amount of tax that taxpayers pay voluntarily and timely for that year.
A business owner must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. In...
The Proposed AT&T/T-Mobile Merger: Would It Create a Virtuous Cycle or a Vicious Cycle?
In March 2011, AT&T announced an agreement to acquire T-Mobile USA (T-Mobile) from Deutsche Telekom for $25 billion in cash and $14 billion in AT&T stock, subject to the approval of the Department of Justice (DOJ) and the Federal Communications Commission (FCC). Post-merger, Deutsche Telekom (DT) would own approximately 8% of AT&T’s stock. AT&T is the second-largest mobile wireless service provider in the United States; T-Mobile is the fourth-largest. The combined company would be the largest mobile wireless service provider. Under the terms of the agreement, if the merger is not...
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 2003-2010
This report provides background data on U.S. arms sales agreements with and deliveries to its major purchasers during calendar years 2003-2010, made through the U.S. Foreign Military Sales (FMS) program. In a series of data tables, it lists the total dollar values of U.S. government-to-government arms sales agreements with its top five purchasers, and the total dollar values of U.S. arms deliveries to those purchasers, in five specific regions of the world for three specific periods: 2003-2006, 2007-2010, and 2010 alone. In addition, the report provides data tables listing the total dollar...
Contested Election Cases in the House of Representatives: 1933 to 2011
From 1933 to 2011 (the 73rd Congress through the 112th Congress), the U.S. House of Representatives considered 107 contested election cases. The vast majority of these cases were resolved in favor of the contestee, a term referring to a Member or Member-elect of the House of Representatives whose election was challenged. The term contestant refers to an individual who challenged the election of a Member-elect of the House of Representatives.
It appears that of the 107 contested election cases considered by the House since 1933, in at least three cases, the House ultimately seated the...
Reasons for the Decline in Corporate Tax Revenues
Corporate tax revenues have declined over the last six decades. In the post-World War II era, corporate tax revenue as a percentage of gross domestic product (GDP) peaked in 1952 at 6.1%. Today, the corporate tax generates revenue equal to approximately 1.3% of GDP. The corporate tax has also decreased in importance relative to other revenue sources. At its post-WWII peak in 1952, the corporate tax generated 32.1% of all federal tax revenue. In that same year the individual tax accounted for 42.2% of federal revenue, and the payroll tax accounted for 9.7% of revenue. Today, the corporate...
Iraq Casualties: U.S. Military Forces and Iraqi Civilians, Police, and Security Forces
This report presents U.S. military casualties in Operation Iraqi Freedom (OIF) and Operation New Dawn (OND) as well as governmental and nongovernmental estimates of Iraqi civilian, police, and security forces casualties.
For several years, there were few estimates from any national or international government source regarding Iraqi civilian, police, and security forces casualties. Now, however, United Nations Assistance Mission for Iraq (UNAMI) is reporting civilian casualty estimates. In addition, several Iraqi ministries have released monthly or total casualty statistics.
Nongovernmental...
Illegal Internet Streaming of Copyrighted Content: Legislation in the 112th Congress
Technological developments related to the Internet benefit consumers who want convenient ways to view and hear information and entertainment content on a variety of electronic devices. New technologies offer the potential to help copyright holders promote their creative works for artistic, educational, and commercial reasons. However, new technologies may increase the risk of infringement of the copyright holders’ rights because they often provide faster, cheaper, and easier means of engaging in unauthorized reproduction, distribution, and public performance of copyrighted works than...
Proposals to Reform Fannie Mae and Freddie Mac in the 112th Congress
As households and taxpayers, Americans have a large stake in the future of Fannie Mae and Freddie Mac. Homeowners and potential homeowners indirectly depend on Fannie Mae and Freddie Mac, which in recent years backed and guaranteed home loans accounting for nearly half of the outstanding home mortgages in the nation.
Taxpayers have a large investment in Fannie Mae and Freddie Mac. The Department of the Treasury kept the two insolvent companies in business by providing more than $175 billion in support. Based on past performance, it is not clear how the enterprises will be able to repay...
Medicaid and CHIP Maintenance of Effort (MOE): Requirements and Responses
State revenues declined during the recent economic recession (December 2007 through June 2009) and have not fully recovered. At the same time, the recession increased the number of individuals meeting Medicaid’s income eligibility standards. States are faced with tough decisions about where to direct their increasingly limited funds.
This state fiscal condition is a reason the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5; and subsequently extended in P.L. 111-226) included a temporary increase to Federal Medical Assistance Percentage (FMAP) rates. As a condition of the...
Cuba’s Offshore Oil Development: Background and U.S. Policy Considerations
Cuba is moving toward development of its offshore oil resources. While the country has proven oil reserves of just 0.1 billion barrels, the U.S. Geological Survey estimates that offshore reserves in the North Cuba Basin could contain an additional 4.6 billion barrels of undiscovered technically recoverable crude oil. The Spanish oil company Repsol, in a consortium with Norway’s Statoil and India’s Oil and Natural Gas Corporation, is expected to begin offshore exploratory drilling in early 2012, and several other companies are considering such drilling. At present, Cuba has six offshore...
Olmstead v. L.C.: Judicial and Legislative Developments in the Law of Deinstitutionalization
The Supreme Court ruled in Olmstead v. L.C., 527 U.S. 581 (1999), that, under Title II of the Americans with Disabilities Act (ADA) and its implementing regulations, states must transfer individuals with mental disabilities into non-institutional settings when: a state treatment professional has determined such an environment is appropriate; the community placement is not opposed by the individual with a disability; and the placement can be reasonably accommodated. In subsequent litigation, appellate courts have (1) rejected interpretations of Olmstead that would make it more difficult to...
International Climate Change: What to Expect at the Durban Conference, December 2011
Delegations from more than 190 countries and regions meet from November 28 to December 9, 2011, in Durban, South Africa, to continue discussions of how to address climate change under the United Nations Framework Convention on Climate Change (UNFCCC). The year 2012 will mark both the 20th anniversary of the opening for signature of the UNFCCC in Rio de Janeiro in 1992 and the end of the first “commitment period” (2008-2012) of the UNFCCC’s subsidiary Kyoto Protocol.
In 2010, the Conference of the Parties (COP) to the UNFCCC adopted a set of decisions referred to as the “Cancun...
Market Dynamics That May Have Contributed to Solyndra’s Bankruptcy
Solyndra Solar Loan guarantee Section 1705 solar modules polysilicon photovoltaics PV DOE subsidies bankruptcy
The Asia-Pacific Economic Cooperation (APEC) Meetings in Honolulu: A Preview
The United States will host the Asia-Pacific Economic Cooperation’s (APEC’s) 19th Economic Leaders’ Meeting in Honolulu, HI, on November 12 & 13, 2011. APEC was founded in 1989 to facilitate trade and investment liberalization in the Asia-Pacific region. During the four days prior to the Economic Leaders’ Meeting, APEC will hold the fourth Senior Officials Meeting for 2011, the Finance Ministers Meeting, and the APEC Ministerial Meeting. President Barack Obama, Secretary of State Hillary Clinton, Secretary of the Treasury Timothy Geithner, and U.S Trade Representative Ron Kirk are expected...
Universal Service Fund: Background and Options for Reform
The concept that all Americans should be able to afford access to the telecommunications network, commonly called the “universal service concept” can trace its origins back to the 1934 Communications Act. Since then, the preservation and advancement of universal service has been a basic tenet of federal communications policy, and Congress has historically played an active role in helping to preserve and advance universal service goals. The passage of the Telecommunications Act of 1996 (P.L. 104-104) not only codified the universal service concept, but also led to the establishment, in...
EPA’s Proposal to Regulate Coal Combustion Waste Disposal: Issues for Congress
Coal combustion waste (CCW) is inorganic material that remains after pulverized coal is burned for electricity production. A tremendous amount of the material is generated each year—industry estimates that approximately 135 million tons were generated in 2009. On December 22, 2008, national attention was turned to issues regarding the waste when a breach in an impoundment pond at the Tennessee Valley Authority’s (TVA’s) Kingston, TN, power plant released 1.1 billion gallons of coal ash slurry. The cleanup cost has been estimated to reach $1.2 billion.
While the incident at Kingston drew...
The National Childhood Vaccine Injury Act and Preemption: An Overview of Bruesewitz v. Wyeth
While recent scientific publications have declared that there appears to be no link between immunizations and autism or other serious medical problems, a recent Journal of Pediatrics survey of parents with children between the ages of six months and six years old reveals that about 13% of parents used a vaccination plan that varied from the Centers for Disease Control and Prevention-recommended schedule, because of concerns that receiving multiple vaccinations in a short span of time is less safe than delaying certain vaccines. Whether parents follow the government-recommended schedule or...
Deepwater Horizon Oil Spill: The Fate of the Oil
The April 20, 2010, explosion of the Deepwater Horizon offshore drilling rig led to the largest oil spill in U.S. waters. Federal government officials estimated that the deepwater well ultimately released (over 84 days) over 200 million gallons (or 4.9 million barrels) of crude oil. Although decreasing amounts of oil were observed on the ocean surface following the well’s containment on July 15, 2010, oil spill response officials and researchers have found oil in other places. A pressing question that has been raised by many stakeholders is where did the oil go?
On August 4, 2010, the...
Tests and Testing Accommodations Under the Americans with Disabilities Act (ADA)
Tests and examinations are widely used to decide whether a person is qualified to take up a particular occupation, advance professionally, or attend a certain educational institution. These tests can pose unique challenges to individuals with disabilities. Under the Americans with Disabilities Act (ADA), an entity that offers an exam without providing accommodations to examinees with disabilities may be liable for disability-based discrimination.
The ADA applies to both public and private educational and employment-related testing, and Section 309 of the ADA requires persons offering...
Reducing the Budget Deficit: Tax Policy Options
Tax reform and deficit reduction are two issues being considered by the 112th Congress. In recent months, a number of groups have published various plans for tackling the nation’s growing deficits. On September 19, 2011, President Obama submitted recommendations to the Joint Select Committee for Deficit Reduction.
This report analyzes various revenue options for deficit reduction, highlighting proposals made by the President’s Fiscal Commission, the Debt Reduction Task Force, and the President’s proposal. Others, such as House Budget Committee Chairman Paul Ryan and the Obama...
The Confrontation Clause After Michigan v. Bryant and Bullcoming v. New Mexico
The Sixth Amendment to the United States Constitution includes the guarantee that “[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him.”
Historically, the U.S. Supreme Court interpreted the Confrontation Clause as being more or less compatible with evidentiary rules governing out-of-court statements. In 1979, in Ohio v. Roberts, 448 U.S. 56, the Court expressed the view that evidence that fit within a hearsay exception or had analogous “particularized guarantees of trustworthiness” would also “comport with the substance” of...
The Fair Labor Standards Act, Overtime Compensation, and Personal Data Assistants
The increased use of personal data assistants (PDAs) and smartphones by employees outside of a traditional work schedule has raised questions about whether such use may be compensable under the Fair Labor Standards Act (FLSA). As PDAs and smartphones provide employees with mobile access to work email, clients, and co-workers, as well as the ability to create and edit documents outside of the workplace, it may be possible to argue that employees who are not exempt from the FLSA’s requirements and who perform work-related activities with these devices should receive overtime if such...
Intent Standard for Induced Patent Infringement: Global-Tech Appliances, Inc. v. SEB S.A.
While Section 271(a) of the Patent Act (35 U.S.C. § 271(a)) creates liability for someone who directly infringes a patent (by the unauthorized use of a patented invention), Section 271(b) of the act provides indirect infringement liability for someone who “actively induces” another party to engage in infringing activities. “Inducement” is a theory of indirect patent infringement, in which a party causes, encourages, influences, or aids and abets another’s direct infringement of a patent. In Global-Tech Appliances, Inc. v. SEB S.A., the question was the legal standard for the mental state...
The V-Chip and TV Ratings: Monitoring Children’s Access to TV Programming
To assist parents in supervising the television viewing habits of their children, the Communications Act of 1934 (as amended by the Telecommunications Act of 1996) requires that, as of January 1, 2000, new television sets with screens 13 inches or larger sold in the United States be equipped with a “V-chip” to control access to programming that parents find objectionable. Use of the V-chip is optional. In March 1998, the Federal Communications Commission (FCC) adopted the industry-developed ratings system to be used in conjunction with the V-chip. Congress and the FCC have continued...
When debtors file for bankruptcy protection under Title 11 of the U.S. Code, they may exempt the value of certain property; in many cases, this includes their homestead. In practical terms, to the extent that the property’s value does not exceed the allowed exemption amount, the debtor may keep the property rather than its becoming part of the bankruptcy estate and thereby being available to satisfy creditors. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) introduced additional limitations on the extent to which debtors could exempt value in their residences...
The Role of Federal Gasoline Excise Taxes in Public Policy
American drivers, compared to those in industrialized nations in Europe, pay relatively low federal, state, and local gasoline and diesel excise taxes. The federal taxes are used specifically to fund annual highway construction, maintenance, and mass transit. Over the years, proposals have come forth to raise the federal tax as a way to address long-standing national policy concerns, including U.S. dependence on imported oil and various environmental problems related to large volumes of gasoline consumption. The current federal gasoline tax legislation is set to expire on September 30,...
Common-Law Climate Change Litigation After American Electric Power v. Connecticut
Note: Despite this report being archived, the reader may find updated treatment of the topics covered herein in CRS Report R42613, Climate Change and Existing Law: A Survey of Legal Issues Past, Present, and Future, by Robert Meltz. See especially sections I, II.H., and III.A.
Congressional inaction on climate change has led concerned parties to explore other ways to address climate change—including lawsuits seeking to establish climate change impacts as a common law nuisance. The prospects for these common law suits are limited, however, owing in part to the unsuitability of private...
This report identifies online sources for maps of Iraq, including government, library, and organizational websites. These sources have been selected on the basis of their authoritativeness and the range, quality, and uniqueness of the maps they provide. Some sources provide up-to-the-minute maps; others have been selected for their collection of historical maps. Maps of Iraq, the Middle East, significant security incidents in Iraq, and refugees returning to Iraq have been provided. This report will be updated as needed.
Upcoming Rules Pursuant to the Dodd-Frank Act: Spring 2011 Unified Agenda
Congress delegates rulemaking authority to agencies for a variety of reasons, and in a variety of ways. The Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203, July 21, 2010; hereafter the “Dodd-Frank Act”) is a particularly noteworthy example of congressional delegation of rulemaking authority to federal agencies. A previous CRS report identified more than 300 provisions in the act that require or permit the issuance of rules to implement the legislation.
One way for Congress to identify upcoming Dodd-Frank Act rules is by reviewing the Unified Agenda of Federal...
Supplemental Security Income (SSI): Accounts Not Counted As Resources
As a means tested program, Supplemental Security Income (SSI) places a limit on the assets or resources of its beneficiaries. However, there are four types of accounts that can be used by SSI beneficiaries for specific purposes without affecting their SSI eligibility. Money placed into burial accounts, money used as part of a Plan for Achieving Self-Support (PASS), money placed in Individual Development Accounts (IDAs), and money placed in dedicated accounts for children are not counted as resources for the purposes of determining SSI eligibility. These accounts can be used by SSI...
Standard & Poor’s Downgrade of U.S. Government Long-Term Debt
On August 5, 2011, Standard & Poor’s (S&P) lowered the credit rating of long-term U.S. government debt from AAA (the highest possible rating) to AA+. The downgrade reflects S&P’s judgment that (1) the recent Budget Control Act (P.L. 112-25) falls short of what is needed to stabilize the government’s fiscal situation and (2) the capacity of Congress and the Administration to deal with the debt has become less stable, effective, and predictable.
A ratings downgrade is meant to signal the market that an issuer of bonds or other debt securities is less likely to repay interest or principal. In...
The Supreme Court Decision in Microsoft v. i4i: Implications for Innovation Policy
The June 9, 2011, decision of the United States Supreme Court in Microsoft Corp. v. i4i Limited Partnership et al. rained current legal standards by holding that patents must be proved invalid by “clear and convincing evidence.” The Court explicitly rejected the argument that the “preponderance of the evidence” standard, which would have made patents more vulnerable to challenge, applied in this situation. The decision arguably holds a number of potential implications for U.S. innovation policy, including incentives to innovate, invest, and assert patents, and leaves the question of the...
Recent Developments in Patent Administration: Implications for Innovation Policy
Congressional interest in the operation of the U.S. Patent and Trademark Office (USPTO) has been demonstrated by extensive discussion of patent reform proposals that would impact that agency. An increasing number of patent applications filed each year, the growing complexity of cutting edge technology, and heightened user demands for prompt and accurate patent services are among the challenges faced by the USPTO. Stakeholders have expressed concern over the agency’s large backlog of patent applications that have been filed but have yet to receive examiner review. Others have expressed...
Statutory Limits on Total Spending as a Method of Budget Control
Often when there is dissatisfaction with budgetary levels, budget process reforms are proposed to mandate a specific budgetary policy or fiscal objective. This report focuses specifically on one such budget process reform—the concept of creating a statutory limit on total spending.
As discussed in this report, a total spending limit consists of statutory long-term or permanent limits on federal spending coupled with a statutory enforcement mechanism that would make automatic reductions in spending in the event that compliance with the limits is not achieved through legislative action. Such...
Social Security: Mandatory Coverage of New State and Local Government Employees
Social Security covers about 94% of all workers in the United States. Most of the remaining 6% of non-covered workers are public employees. About one-fourth of state and local government employees are not covered by Social Security for various historical and other reasons. The 1935 Social Security Act did not extend coverage to state and local government workers. Since the 1950s, Congress has passed laws to allow state and local government employees who have public pensions to elect Social Security coverage through employee referendums. In 1990, Congress made Social Security coverage...
The UNESCO World Heritage Convention: Congressional Issues
The United Nations Educational, Scientific, and Cultural Organization (UNESCO) Convention Concerning the Protection of the World Cultural and Natural Heritage (the World Heritage Convention) identifies and helps protect international sites of such exceptional ecological, scientific, or cultural importance that their preservation is considered a global responsibility. Under the Convention, which entered into force in 1975, participating countries nominate sites to be included on the World Heritage List and the List of World Heritage in Danger (Danger List). Countries that are party to the...
Given declining state revenues and increased demand for public programs like Medicaid, states have been faced with difficult choices about how to allocate limited funds. To address budget shortfalls, many states have sought to shrink their Medicaid costs in various ways, including reducing the rates at which health care providers are reimbursed for the services they provide to Medicaid beneficiaries. In several instances, providers and others have argued that the reduced rates do not comply with federal Medicaid requirements and have turned to the courts to challenge these reductions....
Federal law provides various legal protections for individuals who object for religious reasons to performing certain tasks required by their employer. The First Amendment to the U.S. Constitution and statutory nondiscrimination laws provide general protection to individuals wishing to exercise their religious beliefs without interference from the government or employers. An individual’s right of refusal may also be protected by specific legislation known as “conscience clauses.” These protections often arise with health care providers, including doctors and pharmacists, who object to...
Taxpayers who purchased a principal residence in 2008-2010 (and in some cases, 2011) may have qualified for a tax credit under Section 36 of the Internal Revenue Code—the first-time homebuyer credit. This credit was amended several times with changes being made to the amount of the credit, the requirements for qualifying for the credit, and the requirements for repaying the credit. These details are available in CRS Report RL34664, The First-Time Homebuyer Tax Credit, by Carol A. Pettit.
Generally, taxpayers claiming the credit based on a 2008 credit are required to repay the credit over a...
The Mortgage Interest and Property Tax Deductions: Brief Overview with Revenue Estimates
Concern has increased over the size and sustainability of the United States’ recent budget deficits and the country’s long-run budget outlook. This concern has brought the issues of the government’s revenue needs and fundamental tax reform to the forefront of congressional debates. Congress may choose to address these issues by reforming the set of tax benefits for homeowners. According to the Joint Committee on Taxation, federally provided tax benefits for homeowners will cost approximately $140.1 billion annually between 2010 and 2014. Reducing, modifying, or eliminating all or some of...
Real Earnings, Health Insurance and Pension Coverage, and the Distribution of Earnings, 1979-2009
This report analyzes the real weekly earnings from 1979 to 2009 of U.S. workers, including worker pay and fringe benefits, such as employer contributions for health insurance or to a retirement plan.
Social Security Benefits Are Not Paid for the Month of Death
Social Security benefits are not paid for the month in which a beneficiary dies. In most cases, the check that an individual receives in a given month represents payment for the preceding month. In other words, by design, the check (or direct bank deposit) arrives after the month for which it applies. In cases where a beneficiary dies late in the month, the Social Security Administration often is not notified of the death in time to stop the payment. When family members are informed that the check must be returned, they often complain that the policy is unfair and creates a financial...
Statutory Budget Controls in Effect Between 1985 and 2002
Between 1985 and 2002, several statutory budget controls were enacted to reduce the budget deficit. Chief among these were the Balanced Budget and Emergency Deficit Control Act of 1985 and the Budget Enforcement Act of 1990. The mechanisms included in these acts sought to supplement and modify the existing budget process, and also added statutory budget controls, in some cases seeking to require future deficit reduction legislation, and in some cases seeking to preserve deficit reduction achieved in accompanying legislation.
The Balanced Budget and Emergency Deficit Control Act of 1985,...
The Liability Risk Retention Act: Background, Issues, and Current Legislation
Risk retention groups (RRGs) and risk purchasing groups (RPGs) are alternative insurance entities authorized by Congress to expand insurance supply through a simplification of insurance regulation. The McCarran-Ferguson Act of 1945 generally leaves the regulation and taxation of the business of insurance to the individual states. In 1981 and 1986, however, Congress crafted a narrow exception to the usual state insurance regulations for these groups, generally exempting them from multiple state oversight. Membership in risk retention and purchasing groups is limited to commercial...
Disposal of Unneeded Federal Buildings: Legislative Proposals in the 112th Congress
Federal executive branch agencies hold an extensive real property portfolio that includes 429,000 buildings. These assets have been acquired over a period of decades to help agencies fulfill their diverse missions. Agencies hold buildings with a range of uses, including offices, health clinics, warehouses, and laboratories. As agencies’ missions change over time, so, too, do their real property needs, thereby rendering some assets less useful or unneeded altogether. Healthcare provided by the Department of Veterans Affairs (VA), for example, has shifted in recent decades from predominately...
Warrantless, Police-Triggered Exigent Searches: Kentucky v. King in the Supreme Court
Authorities may enter and search a home without a warrant if they have probable cause and reason to believe that evidence is being destroyed within the home. So declared the United States Supreme Court in an 8-1 decision, Kentucky v. King, 131 S.Ct. 1849 (2011)(No. 09-1272).
The Kentucky Supreme Court had overturned King’s conviction for marijuana possession and drug dealing, because the evidence upon which it was based had been secured following a warrantless search which failed to conform with that court’s restrictions under its “police-created exigencies” doctrine.
The Fourth Amendment...
Electronic Voting System in the House of Representatives: History and Usage
On January 23, 1973, 87 years after the first legislative proposal to use an automated system to record votes was introduced, the House of Representatives used its electronic voting system for the first time. The concept of automated voting dates back even farther to 1869, when Thomas Edison filed a patent for a vote recorder and demonstrated the system to Congress. Between the first legislative proposal for automated voting in 1886, and the passage of the Legislative Reorganization Act of 1970, which contained language authorizing an electronic voting system, 51 bills and resolutions were...
The Donor-Donee State Issue in Highway Finance
Few issues in federal highway finance have raised such heated debate as how closely each state’s federal highway grants should match its highway users’ payments to the Highway Trust Fund (HTF). This “donor-donee” state issue has been contentious during every reauthorization of federal surface transportation programs since 1982. It has again emerged during the congressional debate over reauthorization of the current highway funding program, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for Users (SAFETEA; P.L. 109-59), which has been extended through...
The Workforce Investment Act (WIA), enacted in 1998, is the federal government’s primary employment and job training legislation. Title I of WIA—Workforce Investment Systems—authorizes job training and related services to unemployed or underemployed individuals. Funds authorized under Title I, Subtitle B of WIA are allocated to states by formula and are used for workforce development activities.
This report analyzes the current allocation formula for one of the three Title I formula grant programs—the dislocated worker program, which is the largest of the three Title I grant programs with...
Indian Reserved Water Rights Under the Winters Doctrine: An Overview
Although the federal government has authority to regulate water, it typically defers to the states to allocate water resources within the state. The federal government maintains certain federal water rights, though, which exist separate from state law. In particular, federal reserved water rights often arise in questions of water allocation related to federal lands, including Indian reservations. Indian reserved water rights were first recognized by the U.S. Supreme Court in Winters v. United States in 1908. Under the Winters doctrine, when Congress reserves land (i.e., for an Indian...
Economic Development Administration: A Review of Elements of Its Statutory History
As the 112th Congress considers legislation reauthorizing the Public Works and Economic Development Act of 1965 (PWEDA; P.L. 89-136), which created the Economic Development Administration (EDA) and its programs, the PWEDA’s statutory evolution may inform Congress in its deliberation. In reviewing the evolution of the PWEDA’s statutory authority, several observations are worth making:
Congress has consistently used unemployment as the primary criterion to determine eligibility for EDA assistance, but it has authorized the inclusion of other criteria, resulting in up to 80% of counties being...
Japan 2011 Earthquake: U.S. Department of Defense (DOD) Response
Japan 2011 Earthquake: U.S. Department of Defense (DOD) Response Disaster U.S. military Tsunami Nuclear Self Defense Force U.S. bases Navy, army, marines, air force Relief Humanitarian USS Ronald Reagan, aircraft carrier group
Dozens of federal statutes outlaw homicide, assault, and threats under varying jurisdictional circumstances. Those which appear most relevant to tragic events in Tucson, AZ, are identified in abbreviated form here.
Jared Lee Loughner was arrested for the attempted murder of Representative Gabrielle Giffords, the murder of United States District Court Judge John Roll, and the murder or attempted murder of several federal employees. The arrest brings several features of federal law to the fore.
Federal crimes of violence are usually violations of the law of the state where they occur; an offender may be tried in either federal or state court or both. Ordinarily, federal crimes must be tried where they occur, but in extraordinary cases a defendant’s motion for a change of venue may be granted. In...
Clean Air After the CAIR Decision: Multi-Pollutant Approaches to Controlling Powerplant Emissions
On August 2, 2010, the Environmental Protection Agency (EPA) proposed a new Clean Air Transport Rule to control powerplant emissions of sulfur dioxide (SO2) and nitrogen oxides (NOx). When finalized, this rule will replace the Clean Air Interstate Rule (CAIR); CAIR, which was promulgated in May 2005, established a regional cap-and-trade program for SO2 and NOx emissions from electric generating units (EGUs) in 28 eastern states and the District of Columbia. On July 11, 2008, in North Carolina v. EPA, the U.S. Court of Appeals for the D.C. Circuit vacated CAIR, saying that it had “more than...
The Motor Vehicle Supply Chain: Effects of the Japanese Earthquake and Tsunami
The March 2011 Great Tohoku Earthquake and Tsunami devastated the northeast coast of Japan with the most powerful natural disaster in Japan’s modern history. Compounding the challenge for Japanese government, businesses, and communities was the resulting destruction of several nuclear reactors in the region which supplied electricity for homes and industry. Not only was electricity unavailable, but a large area was temporarily evacuated, making rapid reopening of affected industries impossible.
Located in the disaster region and adversely affected by these forces are a number of...
Geospatial Information and Geographic Information Systems (GIS): An Overview for Congress
Geospatial information is data referenced to a place—a set of geographic coordinates—which can often be gathered, manipulated, and displayed in real time. A Geographic Information System (GIS) is a computer data system capable of capturing, storing, analyzing, and displaying geographically referenced information. The federal government and policy makers increasingly use geospatial information and tools like GIS for producing floodplain maps, conducting the census, mapping foreclosures, congressional redistricting, and responding to natural hazards such as wildfires, earthquakes, and...
The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act; P.L. 111-203) substantially overhauled the U.S. financial regulatory system. Title X of the Dodd-Frank Act, the Consumer Financial Protection Act (CFP Act), established the Bureau of Consumer Financial Protection (CFPB or Bureau) within the Federal Reserve System. The CFP Act alters the consumer financial protection landscape by consolidating regulatory authority and, to a lesser extent, supervisory and enforcement authority in one regulator—the CFPB. The CFP Act empowers the Bureau through: the transfer of...
FEMA's Disaster Declaration Process: A Primer
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (referred to as the Stafford Act - 42 U.S.C. 5721 et seq.) authorizes the President to issue "major disaster" or "emergency" declarations before or after catastrophes occur. Emergency declarations trigger aid that protects property, public health, and safety and lessens or averts the threat of an incident becoming a catastrophic event. A major disaster declaration, issued after catastrophes occur, constitutes broader authority for federal agencies to provide supplemental assistance to help state and local governments,...
Issues Regarding a National Land Parcel Database
The federal government’s efforts to coordinate its geospatial activities, through the Federal Geographic Data Committee (FGDC) and the development of the National Spatial Data Infrastructure (NSDI), include a strong emphasis on land parcel data. Land parcel databases (or cadastres) describe the rights, interests, and value of property. Ownership of land parcels is an important part of the legal, financial, and real estate system of a society. The Department of the Interior’s Bureau of Land Management (BLM) is assigned the role of lead agency coordinating land parcel data for federal lands,...
The Individuals with Disabilities Education Act (IDEA): Statutory Provisions and Recent Legal Issues
The Individuals with Disabilities Education Act (IDEA) is the major federal statute for the education of children with disabilities. IDEA both authorizes federal funding for special education and related services and, for states that accept these funds, sets out principles under which special education and related services are to be provided. The requirements are detailed, especially when the regulatory interpretations are considered, and have been the subject of numerous judicial decisions. The key concept in IDEA is the requirement for the provision of a free appropriate public education...
Bisphenol A (BPA) in Plastics and Possible Human Health Effects
Bisphenol A (BPA) is used to produce certain types of plastic, in thousands of formulations for myriad products. Products made with these plastics may expose people to small amounts of BPA. The most significant source of public exposure is thought to be through food, although other ubiquitous products such as thermal paper coatings, and for some individuals medical devices, such as feeding and breathing tubes, also may contribute significantly to human exposure. Some studies have found that fetal and infant development may be harmed by very small amounts of BPA, but scientists disagree...
“Dear Colleague” Letters: Current Practices
“Dear Colleague” letters are correspondence signed by Members of Congress and distributed to their colleagues. Such correspondence is often used by one or more Members to persuade others to cosponsor, support, or oppose a bill. “Dear Colleague” letters also inform Members about new or modified congressional operations or about events connected to congressional business. A Member or group of Members might send a “Dear Colleague” letter to all of their colleagues in a chamber, to Members of the other chamber, or to a subset of Members, such as all Democrats or Republicans. The use of the...
The Individuals with Disabilities Education Act (IDEA) is the major federal statute for the education of children with disabilities. IDEA both authorizes federal funding for special education and related services and, for states that accept these funds, sets out principles under which special education and related services are to be provided. The cornerstone of IDEA is the principle that states and school districts make available a free appropriate public education (FAPE) to all children with disabilities. IDEA has been the subject of numerous reauthorizations; the most recent...
1099 Information Reporting Requirements and Penalties: Recent Legislative Activity
Taxpayers are seen as more likely to report items of income on their tax returns if they know that a third party has reported it to the Internal Revenue Service (IRS); if follows, therefore, that expanding information reporting requirements under the Internal Revenue Code (IRC) can improve the collection of federal tax revenue. However, as those requirements are expanded, those who must comply with the requirements generally will face an increased administrative burden. This tension between the desire to improve tax compliance and the concomitant burden imposed on taxpayers was recently...
On September 14, 2007, President George W. Bush signed S. 1, the Honest Leadership and Open Government Act of 2007 (P.L. 110-81), into law. The Honest Leadership and Open Government Act (HLOGA) amended the Lobbying Disclosure Act (LDA) of 1995 (P.L. 104-65, as amended) to provide, among other changes to federal law and House and Senate rules, additional and more frequent disclosure of lobbying contacts and activities. This report focuses on changes made to lobbying registration, termination, and disclosure requirements and provides analysis of the volume of registration, termination, and...
Overview of Health Care Changes in the FY2012 Budget Offered by House Budget Committee Chairman Ryan
On April 5, 2011, House Budget Committee Chairman Paul Ryan released the Chairman’s mark of the FY2012 House budget resolution together with his report entitled “The Path to Prosperity: Restoring America’s Promise,” which outlines his budgetary objectives. On the same day, CBO issued an analysis of the long-term budgetary impact of Chairman Ryan’s budget proposal based on specifications provided by House Budget Committee staff. The House Budget Committee considered and amended the Chairman’s mark on April 6, 2011, and voted to report the budget resolution to the full House. H.Con.Res. 34...
Child Support Enforcement and Driver’s License Suspension Policies
The Child Support Enforcement (CSE) program is a federal-state program whose mission is to enhance the well-being of children by helping custodial parents obtain financial support for their children from the noncustodial parent. Child support payments enable parents who do not live with their children to fulfill their financial responsibility to their children by contributing to the payment of childrearing costs. As a condition of receiving federal CSE funds, Congress requires each state to have in effect laws requiring the use of a specified list of collection/enforcement procedures to...
Privacy Protections for Personal Information Online
There is no comprehensive federal privacy statute that protects personal information. Instead, a patchwork of federal laws and regulations govern the collection and disclosure of personal information and has been addressed by Congress on a sector-by-sector basis. Federal laws and regulations extend protection to consumer credit reports, electronic communications, federal agency records, education records, bank records, cable subscriber information, video rental records, motor vehicle records, health information, telecommunications subscriber information, children’s online information, and...
Locally Operated Levees: Issues and Federal Programs
Locally operated levees and the federal programs that assist and accredit them are receiving increasing congressional attention. Congressional authorization of the National Flood Insurance Program (NFIP), managed by the Federal Emergency Management Agency (FEMA), expires on September 30, 2011. The pending reauthorization has increased congressional awareness of the link between the condition of locally operated levees, FEMA’s Flood Insurance Rate Maps (FIRMs) and levee accreditation (which determine which NFIP requirements and premiums apply in an area), and programs providing federal...
Duty to Disclose to Shareholders: Matrixx Initiatives v. Siracusano
On January 10, 2011, the U.S. Supreme Court heard oral arguments in the case Matrixx Initiatives v. Siracusano. The question presented was whether a plaintiff can state a claim under Section 10(b) of the Securities Exchange Act and Securities and Exchange Commission (SEC) Rule 10b-5 based upon a pharmaceutical company’s nondisclosure of adverse event reports, despite the lack of an allegation that the reports are statistically significant. On March 22, 2011, the Court unanimously held that the plaintiffs in this case had stated a claim under Section 10(b) and rule 10b-5.
The case was first...
The ADA Amendments Act Definition of Disability: Final EEOC Regulations
The ADA Amendment Act (ADAAA), P.L. 110-325, was enacted in 2008 to amend the Americans with Disabilities Act (ADA) definition of disability. On March 25, 2011, the Equal Employment Opportunity Commission (EEOC) issued final regulations implementing the ADAAA. The final regulations track the statutory language of the ADA but also provide several clarifying interpretations. Several of the major regulatory interpretations are, including the operation of major bodily functions in the definition of major life activities; adding rules of construction for when an impairment substantially limits...
District of Columbia Representation: Effect on House Apportionment
Two proposals (H.R. 157/S. 160, District of Columbia House Voting Rights Act of 2009) were introduced in the 111th Congress to provide for voting representation in the U.S. House of Representatives for the residents of the District of Columbia (DC). H.R. 157/S. 160, for purposes of voting representation, treated the District of Columbia as if it were a state, giving a House seat to the District, but restricting it to a single seat under any future apportionments. The bills also increased the size of the House to 437 members from 435, and gave the additional seat to the state that would...
“State Representation” in Appointments to Federal Circuit Courts
When a seat becomes vacant on a federal court of appeals (the “circuit courts”), the President has the opportunity to nominate a new judge for the Senate’s consideration. Geography is often a factor in the decision, particularly whether the new judge will be nominated from the same state as the predecessor. One scholar refers to the custom of maintaining state continuity in seats within a court (e.g., a “Missouri seat” or an “Ohio seat”) as “state representation.” Federal statutes currently require that judges “reside” in the circuit at the time of appointment and while in active service,...
This report discusses legislation enacted by the 111th Congress to address funding, operations, and benefit appeal procedures within the U.S. Court of Appeals for Veteran Claims (CAVC).
Medical Malpractice Liability Reform: Legal Issues and 50-State Surveys on Tort Reform Proposals
Medical malpractice liability is governed by state law, but Congress has the power, under the Commerce Clause of the U.S. Constitution (Art. I, § 8, cl. 3), to enact tort reform laws that would affect actions for medical malpractice liability brought under state law. In the 112th Congress, H.R. 5, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act was introduced by Representative Phil Gingrey on January 24, 2011, and was marked up on February 9 and 16, 2011, by the House Committee on the Judiciary. This bill would preempt state law with respect to certain aspects of...
Federal Tax Withholding in 2011: Selected Issues for the 112th Congress
Over the first few weeks of 2011, many employed, self-employed, and retired individuals from the public and private sectors discovered that the amount withheld from their paychecks and pension payments for federal income and employment taxes was larger or smaller than the amount that was withheld in 2010.
This report is intended to help Members of the 112th Congress and their staff respond to questions from constituents about the reasons for the withholding changes. It examines the two main reasons for the changes: the Making Work Pay tax credit (MWPTC) that was available in 2009 and 2010...
Conflicts of Interest in Derivatives Clearing
The financial crisis implicated the over-the-counter (OTC) derivatives market as a source of systemic risk. In the wake of the crisis, lawmakers sought to reduce systemic risk to the financial system by regulating this market. One of the reforms that Congress introduced in the Dodd-Frank Act (P.L. 111-203) was mandatory clearing of OTC derivatives through clearinghouses, in an effort to remake the OTC market more in the image of the regulated futures exchanges. Clearinghouses require traders to put down cash or liquid assets, called margin, to cover potential losses and prevent any firm...
Sergeant at Arms and Doorkeeper of the Senate: Legislative and Administrative Duties
The Sergeant at Arms of the Senate is an officer of the Senate with protection, security, decorum, protocol, and administrative responsibilities. The Sergeant at Arms is elected by the membership of the Senate. As the Senate’s chief law enforcement officer, the Sergeant at Arms is responsible for security in the Senate wing of the Capitol, the Senate office buildings, and on adjacent grounds.
As the chief of protocol of the Senate, the Sergeant at Arms performs ceremonial functions that fall within his jurisdiction through custom and precedent. In carrying out these duties, the Sergeant...
The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection in employment, public services, and public accommodation and services operated by private entities. Since the 106th Congress, legislation has been introduced to require plaintiffs to provide notice to the defendant prior to filing a complaint regarding public accommodations. In the 112th Congress, H.R. 881 was introduced by Representative Hunter to amend Title III of the ADA to require notification.
Puerto Rican Statehood: Effects on House Apportionment
For years, the people of the Commonwealth of Puerto Rico have been involved in discussions relating to changing the political status of Puerto Rico from a commonwealth of the United States to either the 51st state or an independent nation, or maintaining the status quo as a commonwealth.
In the 111th Congress, H.R. 2499, introduced by Representative Pedro Pierluisi, would have established procedures to determine Puerto Rico’s political status. It would have authorized a two-stage plebiscite in Puerto Rico to reconsider the status issue. H.R. 2499 was similar to H.R. 900 as introduced in...
Supreme Court Nominations: Senate Floor Procedure and Practice, 1789-2011
From 1789 through 2009, the President submitted to the Senate 160 nominations for positions on the Supreme Court. Of these nominations, 148 received action on the floor of the Senate, and 124 were confirmed. On August 5, 2010, the Senate confirmed the nomination of Solicitor General Elana Kagan to be an Associate Justice of the Supreme Court, making her the 124th Justice on the Court.
The forms of proceeding by which the Senate considered the 148 nominees to reach the floor break down relatively naturally into five patterns over time. First, from 1789 through about 1834, the Senate...
In response to the rising number of home mortgage foreclosures the 110th Congress passed the Housing and Economic Recovery Act of 2008 (HERA), P.L. 110-289. Title III (Emergency Assistance for the Redevelopment of Abandoned and Foreclosed Homes) of HERA authorized the creation of the Neighborhood Stabilization Program (NSP-1). Using the administrative framework of the Community Development Block Grant (CDBG) program, a total of $3.92 billion was allocated to 307 recipients, including all 50 states, Puerto Rico, insular areas, and qualifying local governments. Funds were awarded by formula...
The Individuals with Disabilities Education Act (IDEA): Private Schools
The Individuals with Disabilities Education Act (IDEA) is a grants and civil rights statute which provides federal funding to the states to help provide education for children with disabilities. If a state receives funds under IDEA, it must make available a free, appropriate public education (FAPE) for all children with disabilities in the state. Education for children with disabilities in private schools is included in IDEA, but the requirements of the statute for children in private schools are not always the same as the requirements for children with disabilities in public...
Taxation of Private Equity and Hedge Fund Partnerships: Characterization of Carried Interest
General partners in most private equity and hedge funds are compensated in two ways. First, to the extent that they contribute their capital in the funds, they share in the appreciation of the assets. Second, they charge the limited partners two kinds of annual fees: a percentage of total fund assets (usually in the 1% to 2% range), and a percentage of the fund’s earnings (usually 15% to 25%, once specified benchmarks are met). The latter performance fee is called “carried interest” and is treated, or characterized, as capital gains under current tax rules. In the 112th Congress, the...
International Criminal Court and the Rome Statute: 2010 Review Conference
ICC Review Conference and U.S. Engagement
The International Criminal Court (ICC, or Court) was established in 2002 as the first permanent court to prosecute war crimes, crimes against humanity, and genocide (together, “ICC crimes”). Pursuant to a provision in the Statute of the International Criminal Court (“Rome Statute” or “Statute”), the States Parties to the Rome Statute agreed to review the Court’s activities seven years after its establishment. In compliance with this provision, the States Parties convened a Review Conference in Kampala, Uganda, May 31–June 11, 2010.
After declining...
The House of Representatives has several different parliamentary procedures through which it can bring legislation to the chamber floor. Which of these will be used in a given situation depends on many factors, including the type of measure being considered, its cost, the amount of political or policy controversy surrounding it, and the degree to which Members want to debate it and propose amendments. This report provides a snapshot of the forms and origins of measures which, according to the Legislative Information System of the U.S. Congress (LIS), received action on the House floor in...
How Local Election Officials View Election Reform: Results of Three National Surveys
Local election officials (LEOs) are critical to the administration of federal elections and the implementation of the Help America Vote Act of 2002 (HAVA, P.L. 107-252). Three surveys of LEOs were performed by academic institutions in collaboration with the Congressional Research Service. Although care needs to be taken in interpreting the results, they may have implications for several policy issues, such as how election officials are chosen and trained, the best ways to ensure that voting systems and election procedures are sufficiently effective, secure, and voter-friendly, and whether...
Oil and Natural Gas Industry Tax Issues in the FY2012 Budget Proposal
The Obama Administration, in the FY2012 budget proposal, seeks to eliminate certain tax expenditures that benefit the oil and natural gas industries. Supporters of these tax provisions see them as comparable to those affecting other industries and supporting the production of domestic oil and natural gas resources. Opponents of the provisions see these tax provisions as subsidies for a profitable industry the government can ill afford, and impediments to the development of clean energy alternatives.
The FY2012 budget proposal outlines a set of proposals, framed in terms of deficit...
The Title I-A program of the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left Behind Act (NCLB; P.L. 107-110), is the largest source of federal funding for elementary and secondary education. States that receive Title I-A funding must comply with certain requirements related to measuring student achievement by using state-level standards and assessments. The standards and assessment requirements adopted in the NCLB have resulted in vast growth in and demand for new types of assessment products. Estimates of annual expenditures on NCLB-required assessments...
Amendments Between the Houses: A Brief Overview
The House and Senate must approve an identical version of a measure before it can be presented for the President’s approval or veto. If the House and Senate approve differing versions of a measure, the differences must first be resolved. One way to do this is through an exchange of amendments between the houses.
When the House or Senate passes a measure, it is sent to the other chamber for further consideration. If the second chamber passes the measure with one or more amendments, it is then sent back to the originating chamber. In modern practice, the second chamber often substitutes its...
Veterans Affairs: Basic Eligibility for Disability Benefit Programs
This report examines the eligibility criteria and the fundamentals of the Department of Veterans Affairs-administered disability benefit programs and related issues. It supplements and condenses the relevant materials that are available from the VA and its website. It also provides specific citations for further information and more in-depth analysis of information contained herein.
Fundraising for Presidential Libraries: Recent Legislative and Policy Issues for Congress
In recent Congresses, some Members have expressed concern about the lack of information surrounding private fundraising for presidential libraries. Those calling for additional regulation argue that more transparency could reduce potential conflicts of interest surrounding library contributions. Contributions from foreign sources have also been the subject of debate.
Federal law and regulation are largely silent on contributions to presidential libraries. Contributions to library fundraising organizations may be unlimited and can come from any otherwise lawful source. In addition,...
Social Security: The Notch Issue
Some Social Security beneficiaries who were born from 1917 to 1921—the so-called notch babies—believe they are not receiving fair Social Security benefits. (The Social Security Administration (SSA) and a 1994 commission on the notch issue define the notch period as 1917 to 1921, though some advocates define the period as 1917 to 1926.) The notch issue resulted from legislative changes to Social Security during the 1970s. The 1972 Amendments to the Social Security Act first established cost-of-living adjustments (COLAs) for Social Security. This change was intended to adjust benefits for...
Industrial Demand and the Changing Natural Gas Market
The U.S. industrial demand for natural gas has been the largest of the five demand sectors identified by the Energy Information Administration (EIA). It also has been the only sector that has exhibited a decline in its total consumption over the decade of the 2000s. Some have attributed this decline in demand to high, fluctuating natural gas prices.
Rising natural gas prices in the 2000s were related to expectations of increased demand coupled with an apparently scarce resource base and declining production. In recent years, the perception of increasing scarcity and the need to open the...
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, P.L. 111-203, has as its main purpose financial regulatory reform. Titles III and VI effectuate changes in the regulatory structure governing depository institutions and their holding companies and, thus, constitute a substantial component of the reform effort. Under Title III, there will no longer be a single regulator of federal and state-chartered savings associations, also known as thrifts or savings and loan associations. Title III abolishes the Office of the Thrift Supervision (OTS) and contains extensive...
The United States Flag: Federal Law Relating to Display and Associated Questions
This report presents, verbatim, the United States “Flag Code” as found in Title 4 of the United States Code and the section of Title 36 which designates the Star-Spangled Banner as the national anthem and provides instructions on how to display the flag during its rendition. The “Flag Code” includes instruction and rules on such topics as the pledge of allegiance, display and use of the flag by civilians, time and occasions for display, position and manner of display, and how to show respect for the flag. The “Code” also grants to the President the authority to modify the rules governing...
Several federal statutes, notably the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA), address the rights of individuals with disabilities to education. Although there is overlap, particularly with Section 504 and the ADA, each statute plays a significant part in the education of individuals with disabilities, and is of interest to Congress both in preparing for the reauthorization of IDEA and in oversight of recent amendments to the ADA. IDEA, enacted in 1975, is both a grants statute and civil rights...
Chief Administrative Officer of the House: History and Organization
The Chief Administrative Officer of the House of Representatives (CAO) is an elected officer of the House, chosen at the beginning of each Congress. The office of the CAO consists of three divisions: the immediate office of the CAO, operations, and customer solutions. Together, these divisions oversee human resources, financial services, technology infrastructure, procurement, facilities management, and other House support functions. An office initially created at the beginning the 104th Congress (1995-1996), the CAO assumed the duties previously performed by the Director of...
Changing Postal ZIP Code Boundaries
The 112th Congress may address issues related to the application and modification of ZIP Codes. This report assists members in addressing concerns about the use of ZIP Codes as well as offers an overview of the boundary review process that can lead to changes in ZIP Code assignment.
Since the ZIP Code system for identifying address locations was devised in the 1960s, some citizens have wanted to change the ZIP Codes to which their addresses have been assigned. Because ZIP Codes are often not aligned with municipal boundaries, millions of Americans have mailing addresses in neighboring...
Campaign Finance: Potential Legislative and Policy Issues for the 111th Congress
This report provides an overview of selected campaign finance policy issues that may receive, or have received, attention during the 111th Congress. Congress continues to consider the Supreme Court’s January 21, 2010, ruling in Citizens United v. Federal Election Commission. The decision has shaped much of the legislative debate on campaign finance issues during the second session of the 111th Congress. Thus far, most congressional attention responding to the ruling has focused on the DISCLOSE Act (H.R. 5175; S. 3295; S. 3628). H.R. 5175 passed the House on June 29, 2010. On a related...
Upcoming Rules Pursuant to the Dodd-Frank Act: Fall 2010 Unified Agenda
Congress delegates rulemaking authority to agencies for a variety of reasons and in a variety of ways. The Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203, July 21, 2010, hereafter the “Dodd-Frank Act”) is a particularly noteworthy example of congressional delegation of rulemaking authority to federal agencies. A previous CRS report identified more than 300 provisions in the act that require or permit the issuance of rules to implement the legislation.
One way for Congress to identify upcoming Dodd-Frank Act rules is by reviewing the Unified Agenda of Federal...
The Motion to Recommit in the House of Representatives: Effects and Recent Trends
When the House considers legislation, one of the last steps it takes is to consider a motion to recommit. The motion to recommit represents the last chance of the House to affect a measure. In practice, that means either to offer amendatory language or to send the bill back to committee.
The motion to recommit is typically offered after the previous question has been ordered on a measure, but before the House votes on final passage. Preference in recognition for offering a motion to recommit is given to a member of the minority party who is opposed to the bill. It is not in order for the...
A History of Federal Estate, Gift, and Generation-Skipping Taxes
This report details the history of the three federal transfer taxes, tracing their development from their 18th-century roots to the present.
The Servicemembers Civil Relief Act (SCRA): A Private Cause of Action
Congress has long recognized the need to protect the legal interests of servicemembers whose service to the nation may compromise their ability to meet specified commercial and financial obligations. The purpose of the Servicemembers Civil Relief Act (SCRA) is to provide for, strengthen, and expedite the national defense by protecting servicemembers, enabling them to “devote their entire energy to the defense needs of the Nation.” The SCRA protects servicemembers by temporarily suspending certain judicial and administrative proceedings and transactions that may adversely affect their legal...
Securities Investor Protection Corporation (SIPC): Basic Functions and Fairness and Adequacy Issues
The Securities Investor Protection Corporation (SIPC) is a nonprofit, nongovernmental corporation that was established in 1970 through the Securities Investor Protection Act (SIPA) to protect securities investors in the event of a broker-dealer failure. Except as otherwise provided in SIPA, the provisions of the Securities Exchange Act of 1934 (1934 act) apply as if SIPA were an amendment to, and included as a section of, the 1934 act.
A court-appointed trustee generally presides over a SIPC member broker’s liquidation and returns the remaining cash and securities to the firm’s former...
Emergency Response: Civil Liability of Volunteer Health Professionals
The devastation inflicted on the Gulf region by Hurricanes Katrina and Rita in 2005 and Hurricanes Gustav and Ike in 2008, in addition to recent disasters in the Midwest due to tornadoes and flooding, triggered mass relief efforts by local, state, and federal government agencies, as well as private organizations and individuals. As unpaid volunteers have carried out much of the relief effort, some have questioned whether such volunteers—particularly medical personnel, so-called “volunteer health professionals” (VHPs)—will be protected from potential civil liability in carrying out their...
Incapacity of a Member of Congress
There is no specific protocol or procedure set out in the United States Constitution, federal law, or congressional rule for the Senate or the House of Representatives that has been followed to recognize an “incapacity” of a sitting member and thereby declare a “vacancy” in such office. Under the general practice in the Senate and in the House of Representatives, a personal “incapacity” of a sitting, living member has not generated proceedings to declare the seat vacant, and sitting members of the Senate and the House who have become incapacitated, and who have not resigned, have generally...
Congressional interest in the patent system has grown in recent years, tracking increasing recognition of the importance of intellectual property to innovative U.S. industries. One of the areas of interest is the topic of patentable subject matter—that is, the sorts of inventions for which patents may be obtained. In particular, patents on business methods, tax planning methods, and genetic materials have proven controversial. Legislation introduced in recent sessions of Congress would restrict the availability of patents in these fields. None of these bills has been enacted.
The patent...
Managing Disaster Debris: Overview of Regulatory Requirements, Agency Roles, and Selected Challenges
After a disaster, when a region turns its attention to rebuilding, one of the greatest challenges to moving forward may involve how to properly manage debris generated by the event. Options include typical methods of waste management—landfilling, recycling, or burning. The challenge after a major disaster (e.g., a building or bridge collapse, or a flood, hurricane, or earthquake) is in managing significantly greater amounts of debris often left in the wake of such an event.
Debris after a disaster may include waste soils and sediments, vegetation (trees, limbs, shrubs), municipal solid...
Upcoming Rules Pursuant to the Patient Protection and Affordable Care Act: Fall 2010 Unified Agenda
Congress delegates rulemaking authority to agencies for a variety of reasons, and in a variety of ways. The Patient Protection and Affordable Care Act (PPACA, P.L. 111-148) is a particularly noteworthy example of congressional delegation of rulemaking authority to federal agencies. A previous CRS report identified more than 40 provisions in PPACA that require or permit the issuance of rules to implement the legislation.
One way for Congress to identify upcoming PPACA rules is by reviewing the Unified Agenda of Federal Regulatory and Deregulatory Actions, which is published twice each year...
Adopting a Long-Term Budget Focus: Challenges and Proposals
One criticism of the current budget process is that it does not encourage or require the consideration of long-term budgetary concerns. In this context, a long-term concern is one that affects the budget beyond the traditional five- or 10-year budget window as currently used in the congressional budget resolution and the President’s budget.
Some components of the budget process already deal with long-term budget issues. This means that data already exist, in publicly available formats, to assist in evaluating the country’s long-term fiscal health. In some instances, data evaluating the...
Committee on the Budget in the House of Representatives: Structure and Responsibilities
The basic framework that is used today for congressional consideration of budget policy was established in the Congressional Budget and Impoundment Control Act of 1974. This act provides for the annual adoption of a concurrent resolution on the budget as a mechanism for setting forth aggregate levels of spending, revenue, and public debt. The act also established standing committees in both chambers of Congress with jurisdiction over, among other things, the concurrent resolution on the budget. This report describes the structure and responsibilities of the Committee on the Budget in the...
Trade Promotion Authority and Fast-Track Negotiating Authority for Trade Agreements: Major Votes
This report profiles significant legislation, including floor votes, that authorized the use of presidential Trade Promotion Authority (TPA)—previously known as fast-track trade negotiating authority—since its inception in 1974. The report also includes a list of floor votes since 1979 on implementing legislation for trade agreements that were passed under TPA fast-track procedures. Although TPA expired on July 1, 2007, four free trade agreements (FTAs) were signed in time to be considered under TPA expedited procedures in the 110th Congress. The U.S.-Peru Trade Promotion Agreement...
Real Property Disposition: Overview and Issues for the 112th Congress
Federal executive branch agencies hold an extensive real property portfolio that includes nearly 900,000 buildings and structures, and 41 million acres of land worldwide. These assets have been acquired over a period of decades to help agencies fulfill their diverse missions. The government’s portfolio encompasses properties with a range of uses, including barracks, health clinics, warehouses, laboratories, national parks, boat docks, and offices. As agencies’ missions change over time, so, too, do their real property needs, thereby rendering some assets less useful or unneeded altogether....
Biochar: Examination of an Emerging Concept to Sequester Carbon
Biochar is a charcoal produced under high temperatures using crop residues, animal manure, or any type of organic waste material. Depending on the feedstock, biochar may look similar to potting soil or to a charred substance. The combined production and use of biochar is considered a carbon-negative process, meaning that it removes carbon from the atmosphere.
Biochar has multiple potential environmental benefits, foremost the potential to sequester carbon in the soil for hundreds to thousands of years at an estimate. Studies suggest that crop yields can increase as a result of applying...
Water Quality Issues in the 111th Congress: Oversight and Implementation
Although much progress has been made in achieving the ambitious goals that Congress established more than 35 years ago in the Clean Water Act (CWA) to restore and maintain the chemical, physical, and biological integrity of the nation’s waters, long-standing problems persist, and new problems have emerged. Water quality problems are diverse, ranging from pollution runoff from farms and ranches, city streets, and other diffuse or “nonpoint” sources, to toxic substances discharged from factories and sewage treatment plants.
There is little agreement among stakeholders about what solutions...
The Americans with Disabilities Act (ADA) Coverage of Contagious Diseases
The Americans with Disabilities Act (ADA), 42 U.S.C. §§12101 et seq., provides broad nondiscrimination protection for individuals with disabilities in employment, public services, public accommodations and services operated by private entities, transportation, and telecommunications. As stated in the act, its purpose is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” Due to concern about the spread of highly contagious diseases such as pandemic influenza and extensively drug-resistant tuberculosis...
Public Housing: The Operating Fund Formula
The local public housing authorities (PHAs) that administer the federal public housing program began receiving their annual federal operating subsidies under a new formula in January 2007. As a result of this formula change, some PHAs were eligible for an increase in their eligibility for funding and others were eligible for a decrease. Both the increases and the decreases were phased in (over two and five years, respectively) and PHAs that faced declines were eligible to limit their losses by adopting management reformswhich were also a part of the new operating fund requirementsearlier...
In May 2008, the United States Court of Appeals for the District of Columbia issued a decision in The American Council of the Blind v. Paulson. The D.C. Court of Appeals affirmed the lower court’s holding that the U.S. Department of the Treasury violated Section 504 of the Rehabilitation Act of 1973 by issuing paper currency in denominations that people with visual impairments cannot readily identify. Specifically, the court ruled that the current design of U.S. banknotes denies people with visual impairments meaningful access to the benefits of using U.S. currency. Furthermore, the...
Emergency Designation: Current Budget Rules and Procedures
Budgetary legislation is constrained by certain enforcement rules that are generally intended to control spending, revenues, and the deficit. Since 1990, those rules have provided, in various forms, procedural mechanisms allowing Congress to effectively exempt certain budgetary amounts from such constraints by designating a provision in a measure as an emergency requirement. This report provides a brief description of the current rules and congressional procedures associated with the emergency designation.
Currently, the authority and the procedures related to designating a provision as an...
Section 106(3) of the Copyright Act grants a copyright holder the exclusive right to distribute copies of a copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending. In addition, § 602(a) of the Copyright Act generally prohibits the importation into the United States, without the authority of the copyright holder, of copies of a work that have been acquired outside the United States; such importation is considered an infringement of the exclusive right to distribute copies of the work under § 106. However, the Copyright Act’s “first-sale”...
Patent Reform: Judicial Developments in Areas of Legislative Interest
Legislative interest in the patent system has been evidenced by the introduction of reform legislation in the 111th and predecessor Congresses. These bills would have amended existing patent law in numerous respects. Although none of these bills were enacted, discussion of patent reform may continue in the 112th Congress.
Although the patent system has been the subject of congressional interest over the past few years, the courts have also been active in making changes to important patent law principles. Many changes introduced by the judiciary have concerned topics that are also the...
Distribution of Broadband Stimulus Grants and Loans: Applications and Awards
The American Recovery and Reinvestment Act (ARRA, P.L. 111-5) provided $7.2 billion primarily for broadband grant and loan programs to be administered by two separate agencies: the National Telecommunications and Information Administration (NTIA) of the Department of Commerce (DOC) and the Rural Utilities Service (RUS) of the U.S. Department of Agriculture (USDA). The NTIA grant program is called the Broadband Technology Opportunity Program (BTOP). The RUS broadband grant and loan program is called the Broadband Initiatives Program (BIP).
As of October 1, 2010, all BTOP and BIP award...
Broadband Infrastructure Programs in the American Recovery and Reinvestment Act
The American Recovery and Reinvestment Act (ARRA, P.L. 111-5) provided $7.2 billion primarily for broadband grant programs to be administered by two separate agencies: the National Telecommunications and Information Administration (NTIA) of the Department of Commerce (DOC) and the Rural Utilities Service (RUS) of the U.S. Department of Agriculture (USDA). Of the $7.2 billion total, the ARRA provided $4.7 billion to establish a Broadband Technology Opportunities Program (BTOP) at NTIA, and $2.5 billion as funding for broadband grant, loan, and loan/grant combination programs at RUS....
The Americans with Disabilities Act and Emergency Preparedness and Response
The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection for individuals with disabilities in employment, public services, and public accommodations and services operated by private entities. Although the ADA does not include provisions specifically discussing its application to disasters, its nondiscrimination provisions are applicable to emergency preparedness and responses to disasters. In order to further the ADA’s goals, President Bush issued an Executive Order on July 22, 2004, relating to emergency preparedness for individuals with disabilities and...
EMTALA: Access to Emergency Medical Care
The Emergency Medical Treatment and Active Labor Act (EMTALA) ensures universal access to emergency medical care at all Medicare participating hospitals with emergency departments. Under EMTALA, any person who seeks emergency medical care at a covered facility, regardless of ability to pay, immigration status, or any other characteristic, is guaranteed an appropriate screening exam and stabilization treatment before transfer or discharge. Failure to abide by these requirements can subject hospitals or physicians to civil monetary sanctions or exclusion from Medicare. Hospitals, but not...
Membership of the 111th Congress: A Profile
This report presents a profile of the membership of the 111th Congress. Statistical information is included on selected characteristics of Members, including data on party affiliation, average age and length of service, occupation, religious affiliation, gender, ethnicity, foreign births, and military service.
Water Quality Bills in the Lame Duck Session of the 111th Congress
Early in December 2010, press reports indicated that legislators, especially in the Senate, were seeking to gather support for several water quality bills that could be considered during the post-election, lame duck session of the 111th Congress, possibly packaged with others dealing with public lands and wildlife protection. These discussions resulted in a comprehensive bill, titled “America’s Great Outdoors Act of 2010,” that was introduced in the Senate on December 17 (S.Amdt. 4845 to S. 303). This report describes water quality bills that were included in the legislative package.
All...
Congress enacted the WSRA as part of a myriad of environmental conservation legislation enacted in the 1960s and 1970s. The act provides protection to certain rivers within the United States in order to balance the tendency toward development of the nation’s rivers for industry or recreation. The act declares it to be the policy of the United States that certain rivers that possess “outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values, shall be preserved in free-flowing condition.” The act further provides that “the...
The TANF Emergency Contingency Fund
The American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5) created a $5 billion Emergency Contingency Fund (ECF) within the Temporary Assistance for Needy Families (TANF) block grant to help states, Indian tribes, and the territories pay for additional economic aid to families during the current economic downturn. It was part of a package of tax and benefit program provisions aimed at stemming the decline in family incomes and purchasing power caused by increased unemployment. The ECF was a temporary fund for two years, FY2009 and FY2010, and expired on September 30, 2010. All...
Spectrum Policy: Public Safety and Wireless Communications Interference
In mid-2005, wireless communications managers commenced the process of moving selected public safety radio channels to new frequencies. This step was part of a rebanding plan to mitigate persistent problems with interference to public safety radio communications. The majority of documented incidents of interference was attributed to the network built by Nextel Communications, Inc (now Sprint Nextel). As part of an agreement originally made between Nextel and the Federal Communications Commission (FCC), some public safety wireless users have moved or will move to new frequencies, with the...
Emergency Communications: Broadband and the Future of 911
Today’s 911 system is built on an infrastructure of analog technology that does not support many of the features that most Americans expect to be part of an emergency response. Efforts to splice newer, digital technologies onto this aging infrastructure have created points of failure where a call can be dropped or misdirected, sometimes with tragic consequences. Callers to 911, however, generally assume that the newer technologies they are using to place a call are matched by the same level of technology at the 911 call centers, known as Public Safety Answering Points (PSAPs). However,...
Ozone Air Quality Standards: EPA’s Proposed Revisions
On December 8, 2010, the Environmental Protection Agency (EPA) announced that it will delay issuing revised ambient air quality standards for ozone until July 2011 so that it can consider further recommendations from an independent panel of scientific advisers. The agency proposed changes to the National Ambient Air Quality Standards (NAAQS) for ozone on January 19, 2010, with an expected promulgation date of August 2010. The December announcement marks the third time that the agency has postponed issuing the revised standards.
NAAQS are standards for outdoor (ambient) air that are...
Unemployment and Employment Trends Before and After the End of Recessions
Although the 11th recession of the postwar period officially ended in June 2009, one economic indicator that is very visible in people’s daily lives—the unemployment rate—has continued to rise. With the unemployment rate at 9.8% in November 2010, those still employed or able to find jobs are quite likely to know personally others who have been less fortunate. The still high unemployment rate partly reflects the slow pace at which employers have been adding workers to their payrolls despite enactment of job creation legislation in February 2009 (the American Recovery and Reinvestment Act,...
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 2002-2009
This report provides background data on U.S. arms sales agreements with and deliveries to its major purchasers during calendar years 2002-2009, made through the U.S. Foreign Military Sales (FMS) program. In a series of data tables, it lists the total dollar values of U.S. government-to-government arms sales agreements with its top five purchasers, and the total dollar values of U.S. arms deliveries to those purchasers, in five specific regions of the world for three specific periods: 2002-2005, 2006-2009, and 2009 alone. In addition, the report provides data tables listing the total dollar...
Since the Deepwater Horizon oil spill began on April 20, 2010, Congress has given much attention to the compensatory liability provisions of the Oil Pollution Act and, to a lesser extent, those of the Jones Act and the Death on the High Seas Act. However, federal laws possibly relevant to the oil spill also impose civil and criminal money penalties, which may reach dollar amounts in connection with the Gulf spill greater than those for compensatory liability. This report summarizes selected federal civil and criminal penalty provisions that may be found violated in connection with the Gulf...
Pirate attacks in the waters off the Horn of Africa, including those on U.S.-flagged vessels, have brought continued U.S. and international attention to the long-standing problem of piracy in the region. The United States has been an active participant in piracy interdiction and prevention operations focusing on the Horn of Africa region. As part of anti-piracy operations, the U.S. military has detained individuals accused of acts of piracy against U.S.-flagged vessels. In some instances these individuals have been released, others have been transferred to Kenya for criminal prosecution in...
Classified Information Policy and Executive Order 13526
Recently, there have been multiple high-profile incidents involving the release of classified government information. Perhaps most prominent was Wikileaks.org’s unauthorized publication of more than 600,000 classified Department of Defense documents. Such incidents have further heightened congressional, media, and public interest in classified information policy.
President Barack H. Obama issued Executive Order 13526 on “Classified National Security Information” on December 29, 2009, and Congress enacted P.L. 111-258, the Reducing Over-Classification Act, which President Obama signed into...
Clean Air Issues in the 111th Congress
EPA regulatory actions on greenhouse gas (GHG) emissions using existing Clean Air Act authority have been the main focus of congressional interest in clean air issues in recent months. Although the agency and the Obama Administration have consistently said that they would prefer that Congress pass legislation to address climate change, EPA has begun to develop regulations using its existing authority. On December 15, 2009, the agency finalized an “endangerment finding” under Section 202 of the Clean Air Act, which permits it (in fact, requires it) to regulate pollutants for their effect as...
Farm Safety Net Programs: Issues for the Next Farm Bill
Roughly every five years, Congress debates and revises omnibus legislation governing federal farm policy. Commodity provisions in the 2008 farm bill (P.L. 110-246) expire in 2012, and Congress is currently reviewing U.S. farm policy. The collection of federal farm programs, which make payments to farmers and landlords, is often referred to by the broader farming community as the “farm safety net.” Some programs such as “counter-cyclical payments” (which rise when crop prices decline) contain elements of a safety net—which is usually intended to protect recipients against economic risks....
Special Rules and Waivers of House Rules
A special rule is a House resolution intended to regulate floor consideration of a specific legislative measure named in the resolution. The requirements prescribed by a special rule can supersede the standing rules of the House (as well as rulemaking provisions in statutes such as the Congressional Budget Act), but only in application to the measure named. Special rules have two key functions: (1) to enable the House to consider a specified measure, and (2) to establish specified terms for considering it. Waivers are one aspect of this second function. For more information on legislative...
Special Rules and Options for Regulating the Amending Process
A special rule is a House resolution intended to regulate floor consideration of a specific legislative measure named in the resolution. When adopted by the House, the requirements prescribed by a special rule can supersede the standing rules of the House (as well as rulemaking provisions in statutes such as the Congressional Budget Act), but only in application to the measure named. Special rules serve two key functions: (1) to enable the House to consider a specified measure, and (2) to establish specific terms for considering it, including any modifications of the amending process. This...
House Rules Committee Hearings on Special Rules
When the Rules Committee reports a resolution on the order of business, commonly called a “rule” or “special rule,” the committee usually has two purposes in mind: first, to make it in order for the House to consider a measure that was reported by another committee; and second, to establish the terms under which the House will debate, amend, and vote on that measure. Before reporting a special rule, the Rules Committee typically holds a hearing at which members appear as witnesses to discuss both questions: whether the House should consider the bill at issue; and, if so, how the bill...
One-time Payment in Lieu of a Social Security COLA
In October 2010, the Social Security Administration announced that Social Security beneficiaries will not receive a cost-of-living adjustment (COLA) in 2011 for the second consecutive year. The COLA is based on a formula in the Social Security Act and the change in prices as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Because consumer prices reached a peak in 2008 and have not regained that peak over the measurement periods used to determine the COLA for 2010 and 2011, Social Security benefits remain flat at their 2009 levels. Stated another...
Interactions Between the Social Security COLA and Medicare Part B Premiums
On October 15, 2010, the Social Security Administration announced there will be no Social Security cost-of-living adjustment (COLA) in 2011. In addition, there was no Social Security COLA in 2010. The last positive Social Security COLA took effect in January 2009 and was 5.8% for all of 2009. Meanwhile, over the past five years, Medicare Part B program costs have increased an average of 8.3% per year and are expected to continue to grow. By statute, Part B premiums, which are automatically deducted from Social Security checks for those who receive Social Security, must cover 25% of...
Obstruction of justice is the impediment of governmental activities. There are a host of federal criminal laws that prohibit obstructions of justice. The six most general outlaw obstruction of judicial proceedings (18 U.S.C. 1503), witness tampering (18 U.S.C. 1512), witness retaliation (18 U.S.C. 1513), obstruction of congressional or administrative proceedings (18 U.S.C. 1505), conspiracy to defraud the United States (18 U.S.C. 371), and contempt (a creature of statute, rule and common law). All but Section 1503 cover congressional activities.
The laws that supplement, and sometimes...
Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime. In fact, it is several crimes. Obstruction prosecutions regularly involve charges under several statutory provisions. Federal obstruction of justice laws are legion; too many for even passing reference to all of them in a single report.
The general obstruction of justice provisions are six: 18 U.S.C. 1512 (tampering with federal witnesses), 1513 (retaliating against federal witnesses), 1503 (obstruction of pending federal court proceedings),...
Oil Spill Legislation in the 111th Congress
This report summarizes provisions of selected legislation—enacted and proposed—that addresses oil spill policy issues raised after the April 20, 2010, explosion and resulting oil spill at the Deepwater Horizon drilling platform in the Gulf of Mexico.
The 2010 Gulf oil spill has generated considerable interest in oil spill issues. The House of Representatives has conducted at least 33 hearings in 10 committees. The Senate has conducted at least 30 hearings in eight committees. Members have introduced over 150 legislative proposals that have included one or more provisions that would affect...
The average tenure of Members of the Senate and House of Representatives at the beginning of each Congress has varied substantially since 1789. The purpose of this report is to provide a Congress-by-Congress summary of the average years of service for Senators and Representatives for the First through the 111th Congresses. The report contains a brief summary of some of the explanations by political scientists and others for the various changes in the average years of service.
The Americans with Disabilities Act (ADA): Final Rule Amending Title II and Title III Regulations
The Americans with Disabilities Act (ADA) has as its purpose “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” On July 26, 2010, the 20th anniversary of the passage of the ADA, the Department of Justice (DOJ) issued final rules amending the existing regulations under ADA title II (prohibiting discrimination against individuals with disabilities by state and local governments) and ADA title III (prohibiting discrimination against individuals with disabilities by places of public accommodations). The new...
The Americans with Disabilities Act (ADA) and Service Animals
The Americans with Disabilities Act (ADA) has as its purpose providing “a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” In order to effectuate this purpose, the ADA and its regulations require reasonable accommodation or modifications in policies, practices, or procedures when such modifications are necessary to render the goods, services, facilities, privileges, advantages, or accommodations accessible to individuals with disabilities. The reasonable accommodation or modification requirement has been interpreted to...
Recreation Fees Under the Federal Lands Recreation Enhancement Act
The Federal Lands Recreation Enhancement Act (FLREA in P.L. 108-447) established a new recreation fee program for five federal agencies—the Bureau of Reclamation (Reclamation), National Park Service (NPS), Fish and Wildlife Service (FWS), and Bureau of Land Management (BLM) in the Department of the Interior (DOI) and the Forest Service (FS) in the Department of Agriculture (USDA). The law authorizes these agencies to charge fees at recreation sites through December 8, 2014. It provides for different kinds of fees, criteria for charging fees, public participation in determining fees, and...
The explosion of the Deepwater Horizon oil rig and subsequent oil spill into the Gulf of Mexico has led to substantial damages, particularly in the form of lost wages and income. BP has begun to make interim payments to compensate for lost income resulting from the oil spill. Individuals and businesses impacted by the oil spill may file a claim with the Gulf Coast Claims Facility, an independent entity established to administer the claims, with payments coming from an escrow account funded by BP. The tax consequences of these payments to the recipients will depend on the nature of the...
Legislation to augment telework in executive agencies of the federal government is currently pending in the 111th Congress. S. 707, the Telework Enhancement Act of 2010, and H.R. 1722, the Telework Improvements Act of 2010, were introduced on March 25, 2009, by Senator Daniel Akaka and Representative John Sarbanes, respectively. The Senate passed S. 707, amended, under unanimous consent on May 24, 2010. The House passed H.R. 1722, amended, on July 14, 2010, on a 290-131 (Roll No. 441) vote. The Senate agreed to an amendment in the nature of a substitute to H.R. 1722, and then passed H.R....
The Kurdish-inhabited region of northern Iraq has been relatively peaceful and prosperous since the fall of Saddam Hussein. However, the Iraqi Kurds’ political autonomy, and territorial and economic demands, have caused friction with Prime Minister Nuri al-Maliki and other Arab leaders of Iraq, and with Christian and other minorities in the north. As the United States transitions to a support role in Iraq, these tensions are assessed by U.S. commanders as having the potential to erode the security gains that have taken place in Iraq since 2007. Some U.S. officials want to establish clear...
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against an otherwise qualified individual with a disability solely by reason of disability in any program or activity receiving federal financial assistance or under any program or activity conducted by an executive agency or the U.S. Postal Service. Section 504 was the first federal civil rights law generally prohibiting discrimination against individuals with disabilities. This report examines Section 504, recent amendments to the definition of disability, Section 504’s regulations, and Supreme Court interpretations....
Marine Protected Areas: An Overview
There continues to be congressional interest in limiting human activity in certain areas of the marine environment, as one response to mounting evidence of declining environmental quality and populations of living resources. The purposes of proposed additional limits would be both to stem declines and to permit the rehabilitation of these environments and populations. One method of implementing this concept is for Congress to designate areas where activities would be limited, often referred to as marine protected areas (MPAs). Translating the MPA approach into a national program, however,...
The Americans with Disabilities Act (ADA): Proposed Employment Regulations
The Americans with Disabilities Act (ADA) is a broad civil rights act prohibiting discrimination against individuals with disabilities. As stated in the act, its purpose is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” In 2008, Congress enacted the ADA Amendments Act (ADAAA), P.L. 110-325, to address Supreme Court decisions which interpreted the definition of disability narrowly. On September 23, 2009, the Equal Employment Opportunity Commission (EEOC) issued proposed regulations under the ADA Amendments...
The ADA Amendments Act: P.L. 110-325
The Americans with Disabilities Act (ADA) is a broad civil rights act prohibiting discrimination against individuals with disabilities. As stated in the act, its purpose is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.”
The threshold issue in any ADA case is whether the individual alleging discrimination is an individual with a disability. Several Supreme Court decisions, including those in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999), and Toyota Motor Manufacturing v. Williams, 534 U.S. 184...
High-Deductible Health Plans and Health Savings Accounts: An Empirical Review
Health Savings Accounts (HSAs), as authorized by the Medicare Prescription Drug, Improvement, and Modernization Act (P.L. 108-173, MMA) of 2003, are tax-preferred savings accounts used to pay for unreimbursed qualified medical expenses such as health insurance deductibles, copayments, and services not covered by insurance. To contribute to an HSA, the insured must have a high-deductible health plan (HDHP), and generally no other health insurance coverage. One of a number of the stated goals of the 2003 legislation is to encourage workers to better save for their health care in retirement....
Patent-Eligibility of Process Claims Under Section 101 of the Patent Act: Bilski v. Kappos
The source of federal patent law originates with the Patent Clause of the U.S. Constitution, which authorizes Congress: “To promote the Progress of ... useful Arts, by securing for limited Times to ... Inventors the exclusive Right to their respective ... Discoveries.” Section 101 of the Patent Act describes the subject matter that is eligible for patent protection, which may be divided into four categories: processes, machines, manufactures, and compositions of matter. The U.S. Court of Appeals for the Federal Circuit issued two decisions in the 1990s, In re Alappat and State Street Bank...
An Overview of Recent U.S. Supreme Court Jurisprudence in Patent Law
Patent law jurisprudence is continually being developed through litigation over activities that allegedly infringe a patent holder’s rights. The losing party in these cases may appeal the district court’s decision to the U.S. Court of Appeals for the Federal Circuit, a specialized tribunal established by Congress that has exclusive appellate jurisdiction in patent cases. Parties dissatisfied with the Federal Circuit’s rulings may petition the U.S. Supreme Court to review the appellate court’s decision. However, the Supreme Court is not required to entertain the appeal; it has discretion to...
The Americans with Disabilities Act (ADA) is a broad civil rights act prohibiting discrimination against individuals with disabilities. Title III of the Americans with Disabilities Act (ADA) prohibits places of public accommodation, including hospitals and doctors’ offices, from discriminating against individuals with disabilities. The Department of Justice (DOJ) promulgated regulations under title III requiring the use of auxiliary aids, unless they would fundamentally alter the nature of the service or result in an undue burden. Auxiliary aids may include qualified interpreters as well...
FY2011 Budget Proposals and Projections
This report provides an overview of major budget estimates and projections for the FY2011 federal budget cycle. The report presents and compares budget projections calculated by the Obama Administration’s Office of Management and Budget (OMB) and the Congressional Budget Office (CBO). In addition, the report discusses major budgetary issues.
The congressional budget process usually begins once the Administration submits its budget to Congress. The Senate Budget Committee passed a version of a budget resolution (S.Con.Res. 60) in April, and the House adopted a deeming resolution (H.Res....
FEMA Disaster Housing: From Sheltering to Permanent Housing
For over three decades the Federal Emergency Management Agency (FEMA) has provided temporary housing assistance to eligible victims of natural disasters. FEMA has responded to more than a thousand disaster and emergency events over this period, employing a number of options for meeting the needs of people who have lost their primary housing as a result of a disaster declared by the President. The cycle of help from sheltering provided by local organizations in the immediate aftermath, to the eventual repair and rebuilding or replacement of private homes and rental units, is the focus of...
Current Legal Status of the FCC’s Media Ownership Rules
The Federal Communications Commission’s (FCC) media ownership regulations place limits on the number of broadcast radio and television outlets one owner can possess in a given market and place cross-ownership restrictions on these outlets and on the cross-ownership of broadcast properties and newspapers. The FCC is under a statutory obligation to review these rules every four years to determine whether the restrictions on ownership remain necessary in the public interest as the result of competition. These media ownership regulation reviews have often been controversial. Since the passage...
Current law prohibits the franking of mass mailings by Senators fewer than 60 days, and by House Members fewer than 90 days, prior to any primary or general election in which the Member is a candidate. H.R. 2056 would amend Title 39, United States Code, by altering the prohibition for both Senators and House Members to the period starting 90 days prior to any primary and ending on the day of the general election, unless the Member has made a public announcement that the Member will not be a candidate for reelection to any federal office.
The legislation would also prohibit the franking of...
Supreme Court Nominations Not Confirmed, 1789 to the Present
Since 1789, Presidents have submitted 160 nominations to Supreme Court positions. Of these, 36 were not confirmed by the Senate. The 36 nominations represent 31 individuals whose names were sent forward to the Senate by Presidents (some individuals were nominated more than once). Of the 31 individuals who were not confirmed the first time they were nominated, however, six were later nominated again and confirmed. The Supreme Court nominations discussed here were not confirmed for a variety of reasons, including Senate opposition to the nominating President, nominee’s views, or incumbent...
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Insurance Provisions
In the aftermath of the recent financial crisis, broad financial regulatory reform legislation was advanced by the Obama Administration and by various Members of Congress. Ultimately Congress passed, and the President signed, the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203).
The Dodd-Frank Act largely responded to the financial crisis that peaked in September 2008, but other efforts at revising the state-based system of insurance regulation also pre-date this crisis. Members of Congress previously introduced both broad legislation to federalize insurance...
Health Savings Accounts and High-Deductible Health Plans: A Data Primer
Individuals began establishing health savings accounts (HSAs) in 2004. These savings accounts are generally used to pay for unreimbursed medical expenses on a tax-advantaged basis. Any unspent money accrues to the individual. To open an HSA, the individual must enroll in a qualifying high-deductible health plan (HDHP). HSAs are tax-advantaged and provide some incentives for people to monitor, and perhaps reduce, their expenditures on health care.
Data covering enrollment and/or cost sharing during the first few years of HDHPs and their associated HSAs are now available from at least five...
With a conventional military and weapons of mass destruction (WMD) threat from Saddam Hussein’s regime removed, Iran seeks, at a minimum, to ensure that Iraq can never again become a threat to Iran, whether or not there are U.S. forces present in Iraq. Some believe that Iran’s intentions go far further—to try to harness Iraq to Iran’s broader policy goals, such as defense against international criticism of and sanctions against Iran’s nuclear program, and to enlist Iraq’s help in suppressing Iranian dissidents located inside Iraq. Some believe Iran sees Iraq primarily as as providing...
Renegotiation of the Standard Reinsurance Agreement (SRA) for Federal Crop Insurance
Under the federal crop insurance program, farmers can purchase crop insurance policies to manage financial risks associated with declines in crop yields and/or revenue. The program covers more than 100 crops and is administered by the U.S. Department of Agriculture’s (USDA’s) Risk Management Agency (RMA), which acts as both regulator and reinsurer. To encourage farmer participation and reduce the need for ad hoc disaster assistance, the federal government subsidizes the purchase of crop insurance policies, which are sold and serviced through 16 approved private insurance companies....
Tax Deductible Expenses: The BP Case
Following the release of BP’s second quarter earning statement, which showed a $10 billion reduction in tax liability for oil-spill-related cleanup and expenses, media headlines have generated public concern, and in some cases outrage, over these tax savings. Further, the ability of BP to realize these tax savings has generated a number of inquiries as to how and why BP is entitled to this reduction in tax liability.
BP’s reduction in tax liability is the result of standard business expense deductions and the general ability of taxpayers to claim refunds for previously paid taxes when...
Open ocean aquaculture is broadly defined as the rearing of marine organisms in exposed areas beyond significant coastal influence. Open ocean aquaculture employs less control over organisms and the surrounding environment than do inshore and land-based aquaculture, which are often undertaken in enclosures, such as ponds. When aquaculture operations are located beyond coastal state jurisdiction, within the U.S. Exclusive Economic Zone (EEZ; generally 3 to 200 nautical miles from shore), they are regulated primarily by federal agencies. Thus far, only a few aquaculture research facilities...
This report discusses the modifications to IRC § 6041 made by § 9006 of the Patient Protection and Affordable Care Act (PPACA) and briefly discusses the penalties that can be imposed on persons that do not comply with these information reporting requirements.
Select Bush Administration Medicaid Rulemakings: Congressional and Administrative Actions
This report provides a summary of seven proposed, interim final, and final rules affecting the Medicaid program that were issued by the George W. Bush Administration during 2007 and 2008. These rules addressed Medicaid and graduate medical education, cost limits on public providers, provider taxes, rehabilitation services, case management, school-based administration and transportation services, and outpatient hospital services. Six of the seven rules (excluding the rule on outpatient hospital services) were under a congressional moratorium on further administrative action until April 1,...
In City of Ontario v. Quon, the Supreme Court held that officials had acted reasonably when they reviewed transcripts of messages sent to and from Sergeant Quon’s city-issued pager in order to determine whether service limits on the pager’s use should be increased. The Court assumed, without deciding, that Quon had a reasonable expectation of privacy for Fourth Amendment purposes, but found that the search of the transcripts was reasonable.
In O’Connor v. Ortega, the Court had earlier split over the question of what test should be used to assess the reasonableness of a search of a public...
The DISCLOSE Act: Overview and Analysis
As it has periodically for decades, Congress is again considering how or whether to regulate campaign financing. The latest iteration of the debate over which kinds of groups should be permitted to spend funds on political advertisements, and how so, was renewed on January 21, 2010, when the Supreme Court of the United States issued its decision in Citizens United v. Federal Election Commission. Following Citizens United, corporations and labor unions may now fund political advertisements explicitly calling for election or defeat of federal candidates—provided that the advertisements are...
Surplus Lines Insurance: Background and Current Legislation
In general, insurance is a highly regulated financial product. Every state requires licenses for insurance companies, and most states closely regulate both company conduct and the details of the particular insurance products sold in the state. This regulation is usually seen as important for consumer protection; however, it also creates barriers to entry in the insurance market and typically reduces to some degree the supply of insurance that is available to consumers. Rather than requiring consumers who may be unable to find insurance from a licensed insurer to simply go without...
The First-Time Homebuyer Tax Credit
Homebuyers who were unable to close on their properties by the June 30, 2010, deadline imposed by the Worker, Homeownership, and Business Assistance Act of 2009 (P.L. 111-92) may still be able to receive the first-time homebuyer tax credit if they close before October 1, 2010, so long as they had a binding contract for the property before May 1, 2010, and that contract required closing before July 1, 2010, and they meet all other requirements for the credit. P.L. 111-198, enacted July 2, 2010, and effective for closings after June 30, 2010, provides the additional time for closing. It...
Civil Pleading Requirements After Bell Atlantic Corporation v. Twombly and Ashcroft v. Iqbal
In 2007 and 2009 decisions, Bell Atlantic Corporation v. Twombly and Ashcroft v. Iqbal, the U.S. Supreme Court heightened the standard governing whether a civil complaint filed in federal court will survive a motion to dismiss for failure to state a claim. After those rulings, it appears that federal courts must evaluate the “plausibility” of claims made at the pleading stage. Previously, complaints typically survived a motion to dismiss as long as they stated a claim for which some set of facts could be assembled to warrant legal relief. The change makes it less likely for plaintiffs’...
The “Volcker Rule”: Proposals to Limit “Speculative” Proprietary Trading by Banks
In 1933, during the first 100 days of President Franklin D. Roosevelt’s New Deal, the Securities Act of 1933 and the Glass-Steagall Act (GSA) were enacted, setting up a pervasive regulatory scheme for the public offering of securities and generally prohibiting commercial banks from underwriting and dealing in those securities. Banks are subject to heavy, expensive prudential regulation, while the regulation of securities firms is predominately built around registration, disclosure of risk, and the prevention and prosecution of insider trading and other forms of fraud.
While there are two...
Supreme Court Nominee Elena Kagan: Administrative Law and the Nondelegation Doctrine
This report discusses and analyzes Supreme Court nominee Elena Kagan’s 2001 article, Chevron’s Nondelegation Doctrine, which she coauthored with David J. Barron, an assistant professor at Harvard Law School, during her time as a professor there.
The article provides an overview of two traditional dichotomies in administrative law on which courts rely in choosing between whether to accord deference to agency interpretations of statutory provisions: (1) the use of formal or informal procedures, such as the procedures set forth in the Administrative Procedure Act (APA), and (2) the general or...
In a decision that had the potential to upset decades of antitrust law, and also to have a broad impact beyond the immediate consequences for the litigating parties, the Supreme Court ruled, on May 24, 2010, that the intellectual-property licensing activities of the National Football League (NFL or League) and its member teams must be treated as those of separate entities whose cooperation and joint decisions are amenable to antitrust prosecution under Section 1 of the Sherman Act, which prohibits contracts or conspiracies “in restraint of trade” (American Needle, Inc. v. National Football...
Leave Benefits in the United States
In addition to their jobs, workers have obligations—civic, familial, and personal—to fulfill that sometimes require them to be absent from the workplace (e.g., to serve on a jury, retrieve a sick child from day care, or attend a funeral). The U.S. government generally has allowed individual employers to decide whether to accommodate the nonwork activities of employees by granting them leave, with or without pay, rather than firing them. In other countries, national governments or the international organizations to which they belong more often have developed social policies that entitle...
Unemployment Insurance Provisions in the American Recovery and Reinvestment Act of 2009
The American Recovery and Reinvestment Act of 2009 (P.L. 111-5, also known as ARRA or the 2009 stimulus package) contained several provisions affecting unemployment benefits, described below.
ARRA temporarily increased unemployment benefits by $25 per week for all recipients of regular unemployment compensation (UC), extended benefits (EB), emergency unemployment compensation (EUC08), Trade Adjustment Assistance (TAA) programs, and Disaster Unemployment Assistance (DUA).
The act extended the temporary EUC08 program through December 26, 2009 (with grandfathering), to be financed by federal...
Supreme Court Nominee Elena Kagan: Defamation and the First Amendment
This report discusses prior writings by Supreme Court nominee Elena Kagan on the interaction of defamation law and the First Amendment of the Constitution. It is based on two articles on defamation law written by Kagan during her academic career at the University of Chicago Law School and the Harvard Law School. The most recent of these articles is from 2000, and Kagan has not revisited this topic in any published writings since then. Thus, these two articles appear to represent her most extensive examination of the interaction between the First Amendment and defamation law.
The Army’s M-4 Carbine: Background and Issues for Congress
The M-4 carbine is the Army’s primary individual combat weapon for infantry units. While there have been concerns raised by some about the M-4’s reliability and lethality, some studies suggest that the M-4 is performing well and is viewed favorably by users. The Army is undertaking both the M4 Carbine Improvement Program and the Individual Carbine Competition, the former to identify ways to improve the current weapon, and the latter to conduct an open competition among small arms manufacturers for a follow-on weapon. An integrated product team comprising representatives from the Infantry...
Justice Stevens has played a critical role in the Supreme Court’s interpretation of a jury’s role in criminal sentencing. In 2000, he wrote the majority opinion for the Court in Apprendi v. New Jersey, a landmark case in which the Court held that a judge typically may not increase a sentence beyond the range prescribed by statute unless the increase is based on facts determined by a jury “beyond a reasonable doubt.” In 2005, he wrote one of two majority opinions in United States v. Booker, in which the Court applied the Apprendi rule to the Federal Sentencing Guidelines. In those two cases...
Mortgage and Rental Assistance as Disaster Relief: Legislation in the 111th Congress
During the first session of the 111th Congress, Representative Oberstar, along with co-sponsors Representative Mica, Representative Holmes-Norton, and Representative Mario Diaz-Balart introduced H.R. 3377, the Disaster Response, Recovery and Mitigation Enhancement Act of 2009. Along with other provisions, the legislation would reinstate a Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended) provision that provided mortgage and rental assistance to disaster victims. Previously, Senators Feinstein and Boxer had introduced S. 2386, the Mortgage and Rental...
Redesign of the 50 Dollar Bill to Commemorate President Ronald W. Reagan
President Ronald W. Reagan, the 40th President of the United States, died on June 5, 2004. Since President Reagan’s death, there have been several attempts to pass legislation that would place the likeness of President Reagan on U.S. coin or currency. Similar action was taken after the death of Presidents Franklin D. Roosevelt, Dwight D. Eisenhower, and John F. Kennedy. The portrait of President Roosevelt was placed on the dime, President Kennedy’s portrait was placed on the half dollar, and President Eisenhower’s portrait was placed on a dollar coin. Current legislation (H.R. 4705, the...
The Law of Church and State: General Principles and Current Interpretations
The First Amendment of the U.S. Constitution prohibits the government from establishing a religion and guarantees citizens the right to freely exercise their religion. The U.S. Supreme Court has clarified the scope of these broad guarantees. This report provides an overview of the governing principles of the law of church and state. It explains the legal requirements for challenges under the Establishment Clause and Free Exercise Clause and the standards used to evaluate such challenges. The report includes current interpretations of these clauses and summarizes related statutes (P.L....
Oil Pollution Act of 1990 (OPA): Liability of Responsible Parties
The Oil Pollution Act of 1990 (OPA) establishes a framework that addresses the liability of responsible parties in connection with the discharge of oil into the navigable waters of the United States, adjoining shorelines, or the exclusive economic zone. Among other provisions, OPA limits certain liabilities of a responsible party in connection with discharges of oil into such areas. The liability limitations established by OPA are currently the subject of significant congressional interest in the wake of the Deepwater Horizon oil spill in the Gulf of Mexico.
A responsible party is strictly...
Deferred Examination of Patent Applications: Implications for Innovation Policy
Recent congressional interest in the patent system has in part focused upon the capabilities of the U.S. Patent and Trademark Office (USPTO). Many experts have expressed concern that the USPTO lacks the capacity to process the large number of patent applications that it receives. The USPTO’s growing inventory of filed, but unexamined applications could potentially lead to longer delays in the USPTO patent-granting process.
Under current law, a USPTO examiner automatically reviews each patent application that is filed. Some observers have suggested that the USPTO instead adopt a system of...
The Jurisprudence of Justice John Paul Stevens: The Chevron Doctrine
One of Justice John Paul Stevens’s most lasting jurisprudential legacies is his opinion in Chevron v. Natural Resources Defense Council. The 1984 case, a landmark decision in both administrative law and separation of powers, established the legal framework that has largely governed the degree of deference a court will accord a federal agency in interpreting and implementing statutes. What began as an unexceptional case focusing on the meaning of the phrase “stationary source” in the Clean Air Act has developed into one of the most frequently cited cases ever. Although often relied on as an...
In 2009, congressional debate focused primarily on stimulating the economy, health care reform, and climate change. These issues are not only interrelated, but are also intimately linked with the taxation of businesses. For example, in February, Congress enacted the American Recovery and Reinvestment Act of 2009 (P.L. 111-5). Two of the act’s business tax provisions provided for a temporary increase of small business expensing and temporary “bonus” depreciation limits, while other provisions allow a delayed recognition of cancelation of debt income and five-year carryback of net operating...
OMB’s Financial Management Line of Business Initiative: A Brief Overview
Federal financial management systems generate the information that is used by government officials to manage and oversee agency programs and operations. Concerns about the quality of agency financial information, and about the costs of operating and modernizing the systems that produce it, have prompted a number of systems improvement initiatives in recent years. One such effort, the Financial Management Line of Business (FMLOB), seeks to improve the cost, quality, and performance of government financial systems by consolidating agency core systems functions at a limited number of...
The Jurisprudence of Justice John Paul Stevens: Selected Opinions on Intellectual Property Law
This report briefly surveys decisions of retiring Justice John Paul Stevens in intellectual property cases. An examination of Justice Stevens’ written opinions relating to intellectual property law reveals a strong desire to ensure that the rights of intellectual property creators are balanced with the rights of the public to access creative and innovative works. No decision embodies this interest more than Justice Stevens’ majority opinion in Sony Corporation of America v. Universal City Studios, Inc., a landmark copyright case issued in 1984 that paved the way for the development and...
501(c)(3) Hospitals and the Community Benefit Standard
The recently enacted Patient Protection and Affordable Care Act (PPACA; P.L. 111-148, § 9007) imposes requirements on hospitals with § 501(c)(3) tax-exempt status. Under the act, hospitals will be required to regularly conduct “community health needs assessments” and adopt implementation strategies to meet those needs. They are also required to have written financial assistance and emergency medical care policies that are consistent with standards imposed by the act. Furthermore, hospitals are not able to charge eligible uninsured individuals more than the lowest amounts charged to insured...
In December 2004, Google announced its Library Project, which was to entail digitizing, indexing, and displaying "snippets" of print books in the collections of five major libraries, among other things. The Library Project was not limited to books in the public domain (e.g., books whose terms of copyright protection had expired), and Google did not seek the permission of copyright holders, in part, because it asserted that its proposed uses were fair uses. Many authors, publishers, and other rights holders disagreed. This report provides background on the Library Project, legal issues...
Arsenic in Drinking Water: Regulatory Developments and Issues
The Safe Drinking Water Act Amendments of 1996 (P.L. 104-182) directed the Environmental Protection Agency (EPA) to update the standard for arsenic in drinking water. In 2001, EPA issued a new arsenic rule that set the legal limit for arsenic in tap water at 10 parts per billion (ppb), replacing a 50 ppb standard set in 1975, before arsenic was classified as a carcinogen. The arsenic rule was to enter into effect on March 23, 2001, and water systems were given until January 2006 to comply. EPA concluded that the rule would provide health benefits, but projected that compliance would be...
Ineffective Assistance of Counsel: Deportation Consequences of Guilty Pleas
The Sixth Amendment entitles an accused in a criminal prosecution to “Assistance of Counsel for his defense.” This right to counsel implies a right to “effective assistance.” Effective assistance has dimensions of both breadth and depth: breadth in the sense of what considerations beyond those immediately at issue in the prosecution should be taken into account, so-called collateral consequences; depth in the sense of what professional standards pertain. In Padilla v. Kentucky, the Supreme Court held that “ineffective assistance” standards require informing a noncitizen defendant on...
Causes of the Financial Crisis
The current financial crisis began in August 2007, when financial stability replaced inflation as the Federal Reserve’s chief concern. The roots of the crisis go back much further, and there are various views on the fundamental causes.
It is generally accepted that credit standards in U.S. mortgage lending were relaxed in the early 2000s, and that rising rates of delinquency and foreclosures delivered a sharp shock to a range of U.S. financial institutions. Beyond that point of agreement, however, there are many questions that will be debated by policymakers and academics for decades.
Why...
Hedge Funds: Should They Be Regulated?
In an echo of the Robber Baron Era, the late 20th century saw the rise of a new elite class, who made their fortunes not in steel, oil, or railroads, but in financial speculation. These gilded few are the managers of a group of private, unregulated investment partnerships, called hedge funds. Deploying their own capital and that of well-to-do investors, successful hedge fund managers frequently (but not consistently) outperform public mutual funds. Hedge funds use many different investment strategies, but the largest and best-known funds engage in high-risk speculation in markets around...
Days Reserved for Special Business in the House
As presented in the following table and described below, several provisions in the rules of the House provide for certain types of business to be privileged for consideration on specified days, some under special procedures. For more information on legislative process, see http://www.crs.gov/products/guides/guidehome.shtml.
Lobbying Congress: An Overview of Legal Provisions and Congressional Ethics Rules
This report provides a brief overview and summary of the federal laws, ethical rules, and regulations which may be relevant to the activities of those who lobby the United States Congress. The report provides a summary discussion of the federal lobbying registration and disclosure requirements of the Lobbying Disclosure Act of 1995, as amended by the “Honest Leadership and Open Government Act of 2007,” P.L. 110-81 (S. 1, 110th Congress); the Foreign Agents Registration Act; the issue of the propriety of contingency fees for lobbying; restrictions on lobbying with federal funds;...
Living Organ Donation and Valuable Consideration
The central issue before Congress with respect to living organ donation is how to balance the needs of people seeking organs with one another, and with the needs of potential organ donors. While the majority of organs are harvested from deceased donors, an increasing number of donations are made by living donors each year. As new types of programs are developed to help encourage the practice of living donation, both legal and ethical issues may arise.
The primary federal law governing organ donation in the United States is the National Organ Transplantation Act (NOTA, P.L. 98-507). It...
On March 23, 2010, the President signed into law H.R. 3590, the Patient Protection and Affordable Care Act (PPACA) as passed by the Senate on December 24, 2009, and the House on March 21, 2010. The new law will, among other changes, make statutory changes affecting the regulation of and payment for certain types of private health insurance.
On March 21, 2010, the House passed an amendment in the nature of a substitute to H.R. 4872, the Health Care and Education Reconciliation Act of 2010 (hereafter referred to as the reconciliation bill). The reconciliation bill was written as making...
Debarment and Suspension Provisions Applicable to Federal Grant Programs
Federal agencies have general authority to debar or suspend persons from participating in federal grant programs and other nonprocurement transactions. Grounds for debarment of a federal grantee include criminal or civil convictions for various crimes including fraud, embezzlement, theft, bribery, tax evasion, and making up false claims, among others, as well as other causes indicating a person is not “presently responsible” as a federal grantee. Debarment and suspension in the context of federal grant programs is described in each agency’s regulations, and such provisions may vary for...
The Uptick Rule: SEC Limit on Short Selling Reconsidered
Historically, in much of the popular lore surrounding short selling (borrowing stock with the objective of making a profit if its price falls), the activity has been unfavorably described as a destructive force for both stock markets and the firms whose shares are sold short. In the 1930s, due to concerns that a concerted kind of manipulative short selling known as a bear raid had contributed to the stock market collapse, federal securities regulations were adopted that restricted short selling. Known as the uptick rule, the restriction essentially forbade short sales on stocks unless a...
Use of Trademarks as Keywords to Trigger Internet Search Engine Advertisements
The use of trademarks in connection with Internet-based advertising has sparked disputes between trademark owners, advertisers, and Internet search engine operators over whether such activity violates federal trademark law. Specifically, trademark owners have expressed concern over the sale of their trademarks by Internet search engines to third parties that want to have “banner” advertisements, “sponsored links,” or “sponsored results” appear on a search results Web page when those trademarked words are entered as a search query. For example, the shoe company Reebok may purchase the...
The Foreign Tax Credit’s Interest Allocation Rules
The foreign tax credit alleviates the double-taxation that would result if U.S. investors’ overseas income were to be taxed by both the United States and a foreign country. U.S. taxpayers credit foreign taxes paid against U.S. taxes they would otherwise owe, and in doing so concede that the country where income is earned has the primary right to tax that income. But the United States retains the primary right to tax U.S.-source income, placing a limit on the foreign tax credit: foreign taxes can only offset the part of a U.S. taxpayer’s U.S. tax that falls on foreign source income. It is...
Financial Market Supervision: European Perspectives
The global financial crisis has sparked a debate over the cause and impact of the crisis. Academics and policymakers are searching for changes in the financial system that can correct any perceived weaknesses in the structure of regulation, the content of regulations, and the coverage of financial instruments and activities. Since the onset of the crisis, numerous proposals have been advanced to reform or amend the current financial system to help restore economic growth. In the United States, the Obama Administration has proposed a plan to overhaul supervision of the U.S. financial...
Tax Treaty Legislation in the 111th Congress: Explanation and Economic Analysis
“Treaty shopping” occurs where a foreign parent firm in one country receives its U.S.-source income through an intermediate subsidiary in a third country that is signatory to a tax-reducing treaty with the United States. Supporters of proposals to curb treaty-shopping argue that it would restrict a practice that deprives the United States of tax revenue and that it is unfair to competing U.S. firms. Opponents maintain that proposals to curb treaty-shopping would harm U.S. employment by raising the cost to foreign firms of doing business in the United States and may violate U.S. tax...
The Financial Crisis: Impact on and Response by The European Union
The European Union (EU) and the United States have taken unusual and extraordinary steps to resolve the financial crisis while stimulating domestic demand to stem the economic downturn. These efforts appear to have been successful, although the economic recovery remains tepid. The economic recession and the financial crisis became reinforcing events, causing EU governments to forge policy responses to both crises. In addition, both the United States and the EU have confronted the prospect of growing economic and political instability in Eastern Europe, Greece, and elsewhere over the impact...
FY2011 Budget Documents: Internet and GPO Availability
This report provides brief descriptions of the budget volumes and related documents, together with Internet addresses, Government Printing Office (GPO) stock numbers, and prices to obtain these publications. It also tells how to find locations of government depository libraries, which can provide both printed copies for reference use and Internet access to the text.
Abbott v. Abbott: Is a Ne Exeat Right a “Right of Custody” Under the Hague Convention?
International child custody disputes figure to increase in frequency as the global society becomes more integrated and mobile. A child custody dispute between two parents can become a diplomatic imbroglio between two countries. Thus in 2000, Members of Congress and Vice President Al Gore backed legislation to grant Cuban refugee Elian Gonzalez permanent residency status, even after President Fidel Castro demanded the boy’s return. More recently, in the 111th Congress, both houses passed resolutions (S.Res. 37 and H.R. 125) calling on the Brazilian government to return Sean Goldman, the son...
Narrowing or eliminating the 1945 McCarran-Ferguson Act’s antitrust exemption for the “business of insurance” has been pursued for many years in many Congresses, and in the 111th Congress, there have been at least four measures—three stand-alone bills, and a provision in the House health care reform bill. Unlike prior legislation to eliminate the entire exemption—currently applicable generally to the extent such business is regulated by state law—however, three of the current measures (H.R. 3596, S. 1681, and section 262 of H.R. 3962 (the House-passed health care reform bill)) are...
Small Hydro and Low-Head Hydro Power Technologies and Prospects
Climate change concerns have brought a renewed focus on increased hydropower production as a potential replacement for electricity from fossil fuels. Hydropower currently accounts for about 6% of the electricity produced in the United States, and the generation of electricity from hydropower produces essentially no emissions of carbon. However, since most of the larger, more traditional hydroelectric resources have already been developed, a clean energy rationale for development of small and low-head hydropower resources may now exist.
Power generation from rivers and streams is not...
Credit Counseling Requirements for Consumer Bankruptcy
Section 106 of P.L. 109-8, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), creates credit counseling requirements for consumers seeking to file for bankruptcy under Chapter 7 (governing the liquidation of a debtor’s assets) and Chapter 13 (governing the financial reorganization of a debtor’s assets). BAPCPA amends the U.S. Bankruptcy Code, 11 U.S.C. §109, to require an individual to receive credit counseling before filing a petition for bankruptcy. In certain circumstances, these requirements may be waived. BAPCPA also requires debtors, after they file for...
The Federal Response to Calls for Increased Aid from USDA’s Food Assistance Programs
Domestic food assistance programs typically make up a large portion of federal spending for needy households during economic downturns. The need for, participation in, and the costs of these programs—like the Supplemental Nutrition Assistance Program (SNAP, formerly the Food Stamp program)—have grown dramatically.
In response to the recent downturn, the Administration and Congress have taken major steps to change food assistance program policies to open up program access and to increase federal funding. Most important, SNAP benefits have been increased across the board and eligibility...
The Consumer Price Index: A Brief Overview
The Consumer Price Index (CPI) is perhaps the most widely reported measure of inflation. A number of federal government programs are regularly adjusted to account for changes in the CPI, such as Social Security benefits and the personal income tax rate schedule. Thus, the behavior of the CPI has important consequences for a large number of people. Many, however, may be unfamiliar with how the CPI is estimated.
For Congress, the CPI is of particular interest because of its significant effect on the federal budget. Changes in the CPI can have substantial effects on both revenues and outlays,...
Animal Waste and Water Quality: EPA Regulation of Concentrated Animal Feeding Operations (CAFOs)
According to the Environmental Protection Agency, the release of waste from animal feedlots to surface water, groundwater, soil, and air is associated with a range of human health and ecological impacts and contributes to degradation of the nation’s surface waters. The most dramatic ecological impacts are massive fish kills. A variety of pollutants in animal waste can affect human health, including causing infections of the skin, eye, ear, nose, and throat. Contaminants from manure can also affect human health by polluting drinking water sources.
Although agricultural activities are...
Pandemic Flu and Medical Biodefense Countermeasure Liability Limitation
Division C of P.L. 109-148 (2005), 42 U.S.C. §§ 247d-6d, 247d-6e, also known as the Public Readiness and Emergency Preparedness Act (PREP Act), limits liability with respect to pandemic flu and other public health countermeasures. Specifically, upon a declaration by the Secretary of Health and Human Services of a public health emergency or the credible risk of such emergency, Division C would, with respect to a “covered countermeasure,” eliminate liability, with one exception, for the United States, and for manufacturers, distributors, program planners, persons who prescribe, administer or...
Beginning with the widespread use of e-mail by Congress in the mid-1990’s, the development of new electronic technologies has altered the traditional patterns of communication between Members of Congress and constituents. Many Members now use e-mail, official websites, blogs, YouTube channels, and Facebook pages to communicate with their constituents—technologies that were either non-existent or not widely available 15 years ago.
These technologies have arguably served to enhance the ability of Members of Congress to fulfill their representational duties by providing greater opportunities...
Revising the National Ambient Air Quality Standard for Lead
The Administrator of the Environmental Protection Agency (EPA), under a court order to review the National Ambient Air Quality Standard (NAAQS) for lead, announced his decision October 16, 2008, reducing the standard by 90%, from 1.5 micrograms per cubic meter (µg/m3) to 0.15 µg/m3. EPA also promulgated new monitoring requirements at that time, requiring monitors downwind of any source emitting one ton or more of lead per year and in urban areas with populations of 500,000 or more. In January 2009, the Natural Resources Defense Council and three other groups petitioned EPA for a...
In December 2007, the Federal Communications Commission relaxed its newspaper/broadcast ownership ban (order released February 2008). The decision raised concerns in Congress about increasing media consolidation that have long been at the forefront of the debate over ownership restrictions. The Commission’s order served to rekindle the discussion of media consolidation and the perceived need to take action to preserve a diversity of voices in the marketplace of ideas. The FCC rule, as this report illustrates, has a history dating back to a previous failed attempt to relax a greater number...
“Orphan Works” in Copyright Law
Orphan works are copyrighted works whose owners are difficult or impossible to identify and/or locate. Orphan works are perceived to be inaccessible because of the risk of infringement liability that a user might incur if and when a copyright owner subsequently appears. Consequently, many works that are, in fact, abandoned by owners are withheld from public view and circulation because of uncertainty about the owner and the risk of liability.
In 2006, at the request of Congress, the U.S. Copyright Office issued its Report on Orphan Works (“Report”). The goal of the Report was to elicit...
Under the Copyright Act, Internet radio broadcasters, or “webcasters,” that stream copyrighted music to their listeners are obliged to pay royalty fees to the sound recording copyright owners at statutory rates established by the Copyright Royalty Board (CRB). However, some webcasters may also have the option of paying different royalty fees that are privately negotiated with SoundExchange, the entity that collects performance royalties on behalf of sound recording copyright owners and recording artists.
On March 9, 2007, the CRB announced statutory royalty rates for certain digital...
Federal Information Security and Data Breach Notification Laws
The following report describes information security and data breach notification requirements included in the Privacy Act, the Federal Information Security Management Act, Office of Management and Budget Guidance, the Veterans Affairs Information Security Act, the Health Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health Act, the Gramm-Leach-Bliley Act, the Federal Trade Commission Act, and the Fair Credit Reporting Act. Also included in this report is a brief summary of the Payment Card Industry Data Security Standard (PCI...
Aircraft are a significant source of greenhouse gases—compounds that trap the sun’s heat, with effects on the Earth’s climate. In the United States, aircraft of all kinds are estimated to emit between 2.6% and 3.4% of the nation’s total greenhouse gas (GHG) emissions, depending on whether one counts international air travel. The impact of U.S. aviation on climate change is perhaps twice that size when other factors are considered. These include the contribution of aircraft emissions to ozone formation, the water vapor and soot that aircraft emit, and the high altitude location of the bulk...
The Impact of Medicare Premiums on Social Security Beneficiaries
Most Social Security beneficiaries pay Medicare premiums. Beneficiaries who participate in Medicare Part B (Supplementary Medical Insurance) or Part D (prescription drugs) must pay monthly premiums, unless they qualify for low-income assistance. Part B participants who also receive Social Security must have the Part B premiums automatically deducted from their Social Security checks. Part D participants may choose to have their premiums deducted from their Social Security checks.
Medicare premiums are absorbing a growing share of Social Security benefits. To see the effect of growing...
Border Security: Key Agencies and Their Missions
After the massive reorganization of federal agencies precipitated by the creation of the Department of Homeland Security (DHS), there are now four main federal agencies charged with securing the United States’ borders: the U.S. Customs and Border Protection (CBP), which patrols the border and conducts immigrations, customs, and agricultural inspections at ports of entry; the U.S. Immigrations and Customs Enforcement (ICE), which investigates immigrations and customs violations in the interior of the country; the United States Coast Guard, which provides maritime and port security; and the...
Charitable Contributions for Haiti’s Earthquake Victims
On January 12, 2010, a magnitude 7.0 earthquake struck Haiti. As of January 25, 2010, the death toll was estimated to exceed 150,000. The earthquake and resulting aftershocks affected approximately 3 million people and caused significant damage to buildings and infrastructure. The earthquake has left an estimated 1 million Haitians homeless.
On January 22, 2010, President Obama signed into law the Haiti Assistance Income Tax Incentive Act (HAITI Act; P.L. 111-126). This legislation accelerates income tax benefits for charitable cash contributions for the relief of earthquake victims....
Terrorist Attacks on Commercial Airlines: Federal Criminal Prohibitions
Federal authorities can and have prosecuted terrorist attacks on commercial airlines under a wide variety of federal statutes. Some of those statutes outlaw crimes committed aboard a commercial airliner; some, crimes committed against the aircraft itself; others, crimes involving the use of firearms or explosives; still others, crimes committed for terrorist purposes. Within each category, the law reaches co-conspirators and other accomplices. Moreover, although most apply when committed within the United States, many apply to terrorist attacks overseas, particularly but necessarily, when...
Obscenity, Child Pornography, and Indecency: Brief Background and Recent Developments
The First Amendment provides that “Congress shall make no law ... abridging the freedom of speech, or of the press.” The First Amendment applies to pornography, in general. Pornography, here, is used to refer to any words or pictures of a sexual nature. There are two types of pornography to which the First Amendment does not apply, however. They are obscenity and child pornography. Because these are not protected by the First Amendment, they may be, and have been, made illegal. Pornography and “indecent” material that are protected by the First Amendment may nevertheless be restricted in...
Displacing Coal with Generation from Existing Natural Gas-Fired Power Plants
Reducing carbon dioxide emissions from coal plants is a focus of many proposals for cutting greenhouse gas emissions. One option is to replace some coal power with natural gas generation, a relatively low carbon source of electricity, by increasing the power output from currently underutilized natural gas plants.
This report provides an overview of the issues involved in displacing coal-fired generation with electricity from existing natural gas plants. This is a complex subject and the report does not seek to provide definitive answers. The report aims to highlight the key issues that...
Senate Committee Rules in the 111th Congress: A Comparison of Key Provisions
Senate Rule XXVI spells out specific requirements for Senate committee procedures. In addition, each Senate committee is required to adopt rules that govern its organization and operation. Those committee rules then elaborate, within Senate rules, how the committee will handle its business. Rules adopted by a committee may “not be inconsistent with the Rules of the Senate” (Senate Rule XXVI, paragraph 2). Committees may add to the basic rules, but they may not add anything that is in conflict with Senate rules.
This report first provides a brief overview of Senate rules as they pertain to...
Job Creation Programs of the Great Depression: The WPA and the CCC
In light of the continuing severe impact on the labor force of the recession that began in December 2007, some members of the public policy community have expressed interest in job creation programs that were enacted to help unemployed workers weather the Great Depression. This report first describes the social policy environment in which the 1930s job creation programs were developed and examines the reasons for their shortcomings then and as models for current-day countercyclical employment measures. It next provides a brief overview of the two job creation programs of the Depression...
Public Transportation Providers’ Obligations Under the Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq., is a broad non-discrimination statute that includes a prohibition of discrimination in public transportation. To prevent such discrimination, the ADA imposes several affirmative obligations on transportation providers, including a requirement that providers offer separate “paratransit” service, or accessible origin-to-destination service, for eligible individuals with disabilities. Under the statute, the level of such service must be “comparable” to the level of service offered on fixed route systems to individuals...
Federal Law on Parking Privileges for Persons with Disabilities
State law generally governs parking privileges for people with disabilities. However, federal regulations offer a uniform system of parking privileges, which includes model definitions and rules regarding license plates and placards, parking and parking space design, and interstate reciprocity. The federal government encourages states to adopt this uniform system. As a result, most states have incorporated at least some aspects of the uniform regulations into their handicapped parking laws. This report describes the federal role in parking privileges law, outlines the uniform system’s...
The Individuals with Disabilities Education Act (IDEA): Supreme Court Decisions
The Individuals with Disabilities Education Act (IDEA) is both a grants statute and a civil rights statute. It provides federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE. Originally enacted in 1975, the act responded to increased awareness of the need to educate children with disabilities, and to judicial decisions requiring that states provide an education for...
Using the World Resources Institute (WRI) database on greenhouse gas emissions and related data, this report examines two issues. The first issue is the separate treatment of developed and developing nations under the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Copenhagen Accord. This distinction has been a pivotal issue affecting U.S. climate change policy. The second issue is the difficulty of addressing climate change through limiting greenhouse gas emissions to a specified percentage of baseline emissions (typically 1990). The data permit...
Amber Alert Program Technology
Amber Alerts (also referred to as AMBER plans) were created to disseminate information about child abductions in a timely manner. Research has found that most abducted children murdered by their kidnappers are killed within three hours of the abduction. Prompt response to child abductions is therefore deemed critical by many. Amber Alert plans are voluntary partnerships including law enforcement agencies, highway departments, and companies that support emergency alerts. Technologies used for alerts include the Emergency Alert System (EAS), highway message boards, telephone alert systems,...
Redirecting Troubled Asset Relief Program (TARP) Funds to Other Uses
Following a boom and bust in real estate and a meltdown in financial markets, Congress enacted a program to purchase troubled assets from financial institutions in October 2008. The Troubled Asset Relief Program (TARP) was created by the Emergency Economic Stabilization Act (EESA, P.L. 110-343). Under TARP, the Secretary of the Treasury is authorized to purchase up to $700 billion of “troubled” assets, including any asset that the Secretary, in consultation with the Chairman of the Federal Reserve, believes the purchase of which will contribute to financial stability. The amount...
Using Army Corps of Engineers Reservoirs for Municipal and Industrial Water Supply: Current Issues
Congress has limited the use of Army Corps of Engineers dams and reservoirs for municipal and industrial (M&I) water supply. Growing M&I demands have raised interest in—and concern about—changing current law and reservoir operations to give Corps facilities a greater role in M&I water storage. A reallocation of storage to M&I use from a currently authorized purpose (e.g., hydropower or navigation) changes the types of benefits produced by a facility and the stakeholders served.
While Congress has specifically authorized 91 Corps multi-purpose facilities for M&I supply, it also has...
Direct Assaults Against Presidents, Presidents-Elect, and Candidates
Direct assaults against Presidents, Presidents-elect, and candidates have occurred on 15 separate occasions, with five resulting in death. Ten incumbents (about 23% of the 43 individuals to serve in the office), including four of the seven most recent Presidents, have been victims or targets. Four of the 10 (and one candidate) died as a result of the attacks. This report identifies these incidents and provides information about what happened, when, where, and, if known, why. The report will be updated and revised if developments require.
Overdraft/Bounced-Check Protection
Overdraft protection programs are an optional service offered by financial institutions to consumers. These programs are often referred to as “bounced-check protection” or “courtesy overdraft protection” to distinguish them from the more traditional overdraft lines of credit. Participating institutions cover checks drawn on accounts with insufficient funds and charge a fee. Financial institution representatives state that these programs offer a beneficial service to their customers by covering checks that would otherwise be returned unpaid. Consumer advocates argue that these programs are...
Provisions Supporting Ecosystem Services Markets in U.S. Farm Bill Legislation
Environmental goods and services are the benefits society obtains from the environment and ecosystems, both natural and managed, such as water filtration, flood control, provision of habitat, carbon storage, and many others. Farmers’ participation in providing these types of goods and services began in earnest in the 1990s with the development of watershed approaches incorporating nutrient credit trading and wetlands mitigation banking, and continued with the more recent development of voluntary carbon credit markets. These efforts have triggered further interest in the possibility of...
The National Bio- and Agro-Defense Facility: Issues for Congress
The agricultural and food infrastructure of the United States may be susceptible to terrorist attack using biological pathogens. In addition to the economic effects of such an attack, some animal pathogens could cause illness in humans. Diseases that can spread from animals to people are known as zoonotic diseases. Scientific and medical research on plant and animal diseases may lead to the discovery and development of new diagnostics and countermeasures, reducing the risk and effects of a successful terrorist attack.
To safeguard the United States against the introduction of non-native...
Merger Review Authority of the Federal Communications Commission
With the proposed merger between Comcast and NBC/Universal announced recently, Congress has expressed an interest in the process of merger reviews at the Federal Communications Commission (FCC or Commission). This report will explain the merger review process at the FCC, as well as highlight some of the difference between the FCC’s process and the more traditional antitrust merger review conducted by agencies such as the Department of Justice (DOJ) or the Federal Trade Commission (FTC).
Whenever companies holding licenses issued by the FCC wish to merge, the merging entities must obtain...
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 2001-2008
This report provides background data on United States arms sales agreements with and deliveries to its major purchasers during calendar years 2001-2008, made through the U.S. Foreign Military Sales (FMS) program. In a series of data tables, it lists the total dollar values of U.S. government-to-government arms sales agreements with its top five purchasers, and the total dollar values of U.S. arms deliveries to those purchasers, in five specific regions of the world for three specific periods: 2001-2004, 2005-2008, and 2008 alone. In addition, the report provides data tables listing the...
This report presents casualty data compiled by the Department of Defense (DOD) as tallied from the agency's press releases.
As Congress debates the justification for comprehensive health reform and considers various proposals, some states have taken the initiative by enacting reforms to address concerns about health insurance coverage and health care costs, among other issues. Massachusetts is one such state. While Massachusetts has a legislative history full of reforms to its health care system, its most ambitious effort to date was enactment and implementation of a comprehensive health reform law that sought to provide universal health insurance coverage and reduce health care costs at the same time.
In...
A dramatic collapse in farm milk prices late in 2008, which resulted in severe financial stress for many dairy farmers, has generated congressional concerns about “dairy pricing” and the adverse effects of milk price volatility on farmers. Dairy pricing refers to the process of establishing the farm value of milk. The federal government plays a prominent role in that process.
Among the dairy pricing issues are how milk producers receive price signals under existing policy and how that affects their production decisions. Some market participants say that the system does not transmit price...
State Furloughs of Disability Determination Services (DDS) Employees
Initial and continuing determinations of eligibility for the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs are made by state Disability Determination Services (DDS). These DDS agencies are fully funded by the federal government. However, because DDS employees work for the states, rather than the federal government, they are subject to furloughs, hiring freezes, and other personnel actions taken by state governments.
As of October 15, 2009, 10 states had either furloughed or plan to furlough DDS employees, and 6 states have either implemented or...
The Americans with Disabilities Act (ADA): Employment Issues and the 2009 Influenza Pandemic
On June 11, 2009, in response to the global spread of a new strain of influenza, the World Health Organization (WHO) raised the level of influenza pandemic alert to phase 6, which indicates the start of an actual pandemic. This change reflects the spread of the new influenza A(H1N1) virus, not its severity. Although currently the pandemic is of moderate severity with the majority of patients experiencing mild symptoms and making a rapid and full recovery, this experience could change.
The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities...
The Committee System in the U.S. Congress
Because of the high volume and complexity of its work, Congress divides its tasks among committees and subcommittees. Both the House and Senate have their own committee systems, which are similar but not identical. Within chamber guidelines, however, each committee adopts its own rules; thus, there is considerable variation among panels. This report provides a brief overview of the organization and operations of House and Senate committees.
In the mid-1970s, Congress designed the Federal Election Commission (FEC) to be a bipartisan independent regulatory agency. The agency’s structure is intended to guard against partisan enforcement of campaign finance law. Consequently, the six-member Commission has been evenly divided among Democrats and Republicans. The Federal Election Campaign Act (FECA) also requires that the Commission muster at least four votes to exercise core functions—meaning that no measure can advance without at least some bipartisan support.
Perhaps because of that structure, however, the Commission has been...
Removing Aliens from the United States: Judicial Review of Removal Orders
This report analyzes the jurisdictional issues in the Immigration and Nationality Act (INA) by focusing on the procedural mechanisms used to initiate judicial review and the reach of an Article III court's jurisdiction to review a removal order.
Private Health Insurance Provisions of H.R. 3200
This report summarizes key provisions affecting private health insurance in H.R. 3200, America’s Affordable Health Choices Act of 2009, as ordered reported by House Committees on Education and Labor, Ways and Means, and Energy and Commerce. Specifically, this report focuses on Division A (or I) of H.R. 3200 from those committees.
Division A of H.R. 3200 focuses on reducing the number of uninsured, restructuring the private health insurance market, setting minimum standards for health benefits, and providing financial assistance to certain individuals and, in some cases, small employers. In...
During the past 15 years, the development of new electronic technologies has altered the traditional patterns of communication between Members of Congress and constituents. Many Members now use e-mail, official websites, blogs, Youtube channels, and Facebook pages to communicate with their constituents—technologies that were either non-existent or not widely available 15 years ago.
These technologies have arguably served to potentially enhance the ability of Members of Congress to fulfill their representational duties by providing greater opportunities for communication between the Member...
Legal Ethics in Immigration Matters: Legal Representation and Unauthorized Practice of Law
The unauthorized practice of law by persons who are not attorneys, ineffective assistance by licensed attorneys, or other unethical conduct can cause irreversible harm to aliens seeking immigration benefits or relief. Aliens may forfeit, temporarily or permanently, the benefits they seek, due in part to the prevalence of unethical conduct targeting a population that some regard as particularly vulnerable to such abuses. In recent years, the Executive Office of Immigration Review (EOIR), the U.S. Citizenship and Immigration Services (USCIS), and various state attorneys general have taken...
The Special Inspector General for the Troubled Asset Relief Program (SIGTARP)
This report discusses the Special Inspector General provisions in the Emergency Economic Stabilization Act of 2008 (EESA), which was enacted as P.L. 110-343 on October 3, 2008. This act created a Special Inspector General for the Troubled Asset Relief Program (SIGTARP). Under EESA, TARP funds may be used by the Secretary of the Treasury to purchase “troubled assets,” defined to include both mortgage-related financial instruments and “any other financial instrument that the Secretary, after consultation with the Chairman of the Board of Governors of the Federal Reserve System, determines...
Health Care Reform: Selected Antitrust Considerations
The federal antitrust laws are directed at insuring that markets remain competitive, with the ultimate goal of securing consumer welfare. Antitrust is a means of governing market behavior that is, in essence, the flip side of market regulation accomplished via regulatory oversight. Accordingly, any scheme that affects the functioning of a segment of the market by prescribing or proscribing the behavior of entities that participate in that segment may impact and be impacted by the antitrust laws. That is no less a given in the health care arena than in any other. This report will set out...
China and the Global Financial Crisis: Implications for the United States
Over the past several years, China has enjoyed one of the world’s fastest-growing economies and has been a major contributor to world economic growth. However, the current global financial crisis has significantly slowed China’s economy; real gross domestic product (GDP) fell from 13.0% in 2007 to 8.0% in 2008. Several Chinese industries, particularly the export sector, have been hit hard by crisis, and millions of workers have reportedly been laid off. This situation is of great concern to the Chinese government, which views rapid economic growth as critical to maintaining social...
Measuring Health Care Quality: Measure Development, Endorsement, and Implementation
Problems with quality of health care in the United States earned the attention of the public with, and have steadily gained in importance since, the release of the first in a series of Institute of Medicine (IOM) reports on this topic, “To Err is Human: Building A Safer Health System,” in 1999. The release of the IOM report represented a changing approach to addressing suboptimal health care quality, from one focused primarily on quality assurance to one focused on quality improvement broadly through the realignment of systems of delivering and financing care to incentivize quality of...
Regulation of Naked Short Selling
Short sellers borrow stock, sell it, and hope to profit if they can buy back the same number of shares later at a lower price. A short sale is a bet that a stock’s price will fall. A short sale is said to be “naked” if the broker does not in fact borrow shares to deliver to the buyer. When executed on a large scale, naked short sales can constitute a large portion of total shares outstanding, and can put serious downward pressure on a stock’s price. Critics of the practice characterize it as a form of illegal price manipulation. The Securities and Exchange Commission (SEC) in 2004 adopted...
Oil Industry Tax Issues in the FY2010 Budget Proposal
President Obama, in an Earth Day speech, addressed the linkage between the problems he associated with U.S. reliance on imported oil and the importance of a future based more on alternative energy sources. These problems could be partially addressed by reducing what the Administration sees as favorable treatment of the oil and natural gas industries that were designed to increase production of petroleum products.
The FY2010 budget proposal outlined a set of proposals, framed in terms of deficit reduction, or the elimination of tax expenditures, that would potentially increase the taxes of...
On May 26, 2009, Judge Sonia Sotomayor of the U.S. Court of Appeals for the Second Circuit was nominated to replace retiring U.S. Supreme Court Justice David H. Souter. During her tenure with the Second Circuit, Judge Sotomayor has not addressed substantive legal questions involving abortion, such as the extent of the Constitution’s protection of a woman’s right to choose. Judge Sotomayor has, however, authored opinions that have considered the impact of foreign funding restrictions on domestic nonprofit organizations that promote abortion, discussed the effect of forced abortions and...
Some policymakers have concluded that the energy challenges facing the United States are so critical that a concentrated investment in energy research and development (R&D) should be undertaken. The Manhattan project, which produced the atomic bomb, and the Apollo program, which landed American men on the moon, have been cited as examples of the success such R&D investments can yield. Investment in federal energy technology R&D programs of the 1970s, in response to two energy crises, have generally been viewed as less successful than the earlier two efforts. This report compares and...
Financing the U.S. Trade Deficit: Role of Foreign Governments
The nation’s trade deficit is equal to the imbalance between national investment and national saving. National saving is the sum of household saving, business saving, and public sector saving (a budget deficit equals public sector borrowing). Over the period 2001-2006, the gap between national saving and investment widened, largely because of a fall in private and public saving, causing the trade deficit to widen. (It declined somewhat in both 2007 and 2008 relative to GDP.) To finance the trade deficit, foreign capital must flow into the United States.
Net private capital inflows have not...
Debate and Motions on the House Floor: Allocation of Time
One of the most defining aspects of consideration of measures in the House and Committee of the Whole is that time is always controlled. There is virtually no circumstance under which a Member speaks on the floor without first knowing in advance how long has been allocated. Ranging from one minute or less to 60 minutes, debate limitations exist on all aspects of floor consideration.
This report, one of a series on legislative process, addresses time limitations associated with selected House floor procedures. Actions that are not debatable, such as the motion to adjourn, the motion to...
Adequate Yearly Progress (AYP): Growth Models Under the No Child Left Behind Act
A key concept embodied in the accountability provisions of the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB, P.L. 107-110), is that of adequate yearly progress (AYP). In order to be eligible for grants under ESEA Title I, Part A—Education for Disadvantaged Pupils—states must implement AYP policies applicable to all public schools and local educational agencies (LEAs), based primarily on the scores of pupils on state assessments. Schools or LEAs that fail to meet AYP standards for two or more consecutive years face a variety of...
Civil Rights of Individuals with Disabilities: The Opinions of Judge Sotomayor
Judge Sonia Sotomayor was nominated by President Obama to the U.S. Supreme Court on May 26, 2009. This report examines selected opinions written by Judge Sotomayor relating to the civil rights of individuals with disabilities and includes a discussion of cases relating to the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI), and the Individuals with Disabilities Education Act (IDEA). In addition, selected dissents, concurrences, and decisions where Judge Sotomayor joined the majority...
Congressional Budget Resolutions: Consideration and Amending in the Senate
Title III of the Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, 2 U.S.C. 601-688) (“the Budget Act”), as amended, provides for the adoption of an annual concurrent resolution on the budget (“budget resolution”) by Congress. The Budget Act includes provisions governing the consideration and amending process of the budget resolution, such as establishing points of order, setting time limits on certain motions, amendments, and the budget resolution itself, and restricting the content of amendments.
This report highlights some of the Budget Act’s budget resolution provisions,...
The Labor Market During the Great Depression and the Current Recession
A good deal of commentary has addressed similarities between the recession that began in December 2007 and the Great Depression. Comparisons between the two have extended beyond conditions in financial markets to conditions in the labor market. The analogy appears to be fueled by projections that the unemployment rate could reach double digits in the coming months.
Little if any comparative labor market research has been undertaken, however. To address the situation, this report analyzes the experiences of workers during the 1930s, which encompassed the almost five years of the Great...
The Transition to Digital Television: Is America Ready?
The Deficit Reduction Act of 2005 (P.L. 109-171), as amended by the DTV Delay Act, directed that on June 12, 2009, all over-the-air full-power television broadcasts—which were previously provided by television stations in both analog and digital formats—would become digital only. Digital television (DTV) technology allows a broadcaster to offer a single program stream of high definition television (HDTV), or alternatively, multiple video program streams (multicasts). Households with over-the-air analog-only televisions will no longer be able to receive full-power television service unless...
Mongolia and U.S. Policy: Political and Economic Relations
Mongolia’s political scene remains democratic but volatile, with the MPRP able to maintain an uneasy dominance. In legislative elections on June 29, 2008, the MPRP increased its legislative margin to 47 seats (up from 39) out of a total of 76 seats, followed by the Democratic Party with 25 seats. After Democratic Party Chairman Tsakhya Elbegdorj declared the elections to have been fraudulent, demonstrators attacked MPRP headquarters in Ulaanbaatar, causing the government to declare a four-day state of emergency in the capital. Ultimately, the MPRP invited the opposition to join in yet...
Prescription Drug Importation: How S. 1232 (S. 525/H.R. 1298) Would Change Current Law
Current law prohibits the importation of a prescription drug by anyone other than its manufacturer. S. 1232 would amend the Federal Food, Drug, and Cosmetic Act to change that. It would allow commercial and personal-use importation. The legislation would create a detailed set of procedures to address concerns relating to the safety and effectiveness of imported drugs, cost savings to U.S. consumers, and administration of the program. S. 1232 contains the same text as previously introduced S. 525 and H.R. 1298.
The Supreme Court issued its decision in Altria Group., Inc. v. Good on December 15, 2008. The Court, by a vote of 5-4, held that the Federal Cigarette Labeling and Advertising Act (FCLAA) neither expressly nor impliedly preempted state law claims of fraud. In this decision the Court examined the preemptive effect of section 5(b) of the act (15 U.S.C. §1334(b)) with regard to the claim that light or low-tar nicotine descriptors in cigarette advertising violated the Maine Unfair Trade Practices Act. The decision resolved a split between the circuits—the First Circuit Court of Appeals had...
Water Issues of Concentrating Solar Power (CSP) Electricity in the U.S. Southwest
As the 111th Congress considers energy and climate legislation, the land and water impacts of renewable technologies are receiving greater attention. The cumulative impact of installing numerous thermoelectric power plants on the water resources of the Southwest, a region with existing water constraints, raises policy questions.
Solar Abundance and Water Constraints Converge. Many Southwest counties are premium locations for siting solar electricity facilities, but have constrained water supplies. One policy question for local, state, and federal decision-makers is whether and how to...
Health and Safety Concerns Over U.S. Imports of Chinese Products: An Overview
China is the largest source for U.S. imports, accounting for a 16% of total U.S. imports in 2008. China is a dominant supplier of many imported consumer products. For example, 90% of U.S. toy imports come from China. Numerous reports of unsafe products from China over the past few years, including seafood, pet food, toys, tires, drywall, and medicines have raised concern in the United States over the health, safety, and quality of imported Chinese products. The United States and China have sought to boost cooperation on health and safety issues. For example, China agreed to boost efforts...
The State Secrets Privilege and Other Limits on Litigation Involving Classified Information
This report provides an overview of the protections afforded to government organizations and officials by the state secrets privilege. The state secrets privilege, derived from common law, is an evidentiary privilege that allows the government to resist court-ordered disclosure of information during litigation if there is a reasonable danger that such disclosure would harm the national security of the United States.
FDA Tobacco Regulation: The Family Smoking Prevention and Tobacco Control Act of 2009
The 111th Congress is considering legislation that would give the Food and Drug Administration (FDA) broad new statutory authority to regulate the manufacture and marketing of cigarettes and smokeless tobacco products under the Federal Food, Drug, and Cosmetic Act (FFDCA). On April 2, 2009, the House passed the Family Smoking Prevention and Tobacco Control Act (H.R. 1256; H.Rept. 111-58, part 1 and 2). On May 20, the Senate Committee on Health, Education, Labor and Pensions approved an almost identical bill (S. 982). Similar legislation was first introduced in the 108th Congress and passed...
Medicare: Financing the Part A Hospital Insurance Program
Medicare is the nation’s health insurance program for individuals aged 65 and over and certain disabled persons. Medicare consists of four distinct parts: Part A or Hospital Insurance (HI); Part B or Supplementary Medical Insurance (SMI); Part C or Medicare Advantage (MA); and Part D, the prescription drug benefit. The Part A program is financed primarily through payroll taxes levied on current workers and their employers; these are credited to the HI trust fund. The Part B program is financed through a combination of monthly premiums paid by current enrollees and general revenues. Income...
Medicare’s Recovery Audit Contractor (RAC) Program: Background and Issues
Recovery Audit Contractors, or RACs, are private organizations that contract with the Centers for Medicare and Medicaid Services (CMS) to identify and collect improper payments made in Medicare’s fee-for-service (FFS) program. CMS projects improper FFS payments to amount to approximately $10.4 billion or 3.6% of all paid Medicare claims in 2008. Congress originally required the Secretary of the Department of Health and Human Services to conduct a three-year demonstration program using RACs in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA, P.L. 108-173). In...
Overview of the Air Carrier Access Act (ACAA)
The Air Carrier Access Act (ACAA), 49 U.S.C. § 41705, prohibits discrimination by air carriers against individuals with disabilities. Public attention regarding an airplane passenger who traveled while infected with Extensively Drug Resistant Tuberculosis (XDR-TB) in 2007 raised questions regarding the ACAA’s requirements and guarantees. Additionally, public concern about the 2009 influenza A(H1N1) outbreak may increase congressional interest in air travel regulations. This report briefly discusses the ACAA’s statutory provisions, accompanying regulations, relevant judicial opinions, and...
On June 2, 2008, the U. S. Supreme Court, in United States v. Santos (No. 06-1005), vacated convictions of the operator of an illegal lottery and one of his runners who had been charged with conducting financial transactions involving the “proceeds” of an illegal gaming business in violation of 18 U.S.C. § 1956. The ruling is that “proceeds,” as used in this money laundering statute, means “profits” rather than “gross receipts” of the underlying unlawful activity. The decision combines a plurality opinion interpreting the word “proceeds” in the statute to mean “profits” and a concurring...
Medicaid and Outpatient Hospital Services
On September 28, 2007, a proposed Medicaid rule was published that would (1) change the definition of outpatient hospital and rural health clinic services and (2) change the methods states must use to demonstrate compliance with the federal upper payment limit on outpatient hospital services provided in private outpatient facilities. A number of groups have expressed concern that this rule will have a significant negative impact on coverage of certain services, which may harm Medicaid beneficiaries. On November 7, 2008, the Centers for Medicare and Medicaid Services (CMS) issued a final...
The Senate frequently enters into unanimous consent agreements (sometimes referred to as “UC agreements” or “time agreements”) that establish procedures for the consideration of legislation that the Senate is considering or will soon consider. In recent practice, such unanimous consent agreements have sometimes included a provision that would require a 60-vote threshold to be met for amendments or legislation to be considered agreed to, rather than the simple majority ordinarily required. These amendments or measures may be of a controversial nature with the potential for causing a...
The Pacific Salmon Treaty: The 1999 Agreement and Renegotiated Annex IV
The Pacific Salmon Treaty (PST) of 1985 requires the United States and Canada to develop periodic bilateral agreements to implement the PST’s conservation and harvest-sharing principles. Beginning in 1993, long-standing disputes prevented such an agreement from being concluded. On June 30, 1999, after many years of heated diplomatic struggles, U.S. and Canadian officials reached a new comprehensive agreement. The 1999 Agreement (1) established abundance-based fishing regimes for the Pacific salmon fisheries under the jurisdiction of the PST; (2) created two bilaterally managed regional...
The major federally funded community service and volunteer programs in this country are authorized under two statutes: the National and Community Service Act of 1990 (NCSA), as amended, and the Domestic Volunteer Service Act of 1973 (DVSA), as amended. The programs authorized by these statutes are administered by the Corporation for National and Community Service, an independent federal agency.
The NCSA is designed to address unmet human, educational, environmental, and public safety needs, to renew the ethic of civic responsibility, and encourage citizens to engage in national service....
Environmental Exposure to Endocrine Disruptors: What Are the Human Health Risks?
In 2008, Congress banned the use in children’s toys and child care articles of several chemicals known to disrupt normal development and reproduction of mice and rats. The legislation was a response to accumulating scientific evidence supporting the hypothesis that exposure to certain chemicals in consumer products and the environment might be adversely affecting human reproduction, growth, development, or metabolism by interfering with endocrine systems. This report summarizes the science underlying the environmental endocrine-disruptor hypothesis, and describes congressional actions and...
The Health Information Technology for Economic and Clinical Health (HITECH) Act
Lawmakers incorporated the Health Information Technology for Economic and Clinical Health (HITECH) Act as part of the American Recovery and Reinvestment Act of 2009 (H.R. 1), the economic stimulus bill that the President signed into law on February 17, 2009 (P.L. 111-5). The HITECH Act is intended to promote the widespread adoption of health information technology (HIT) to support the electronic sharing of clinical data among hospitals, physicians, and other health care stakeholders. HIT is widely viewed as a necessary and vital component of health care reform. It encompasses interoperable...
Consumer Product Safety Improvement Act (CPSIA): New Requirements and Emerging Implementation Issues
This report will present an overview of issues regarding the implementation of the Consumer Product Safety Improvement Act of 2008 (CPSIA). In addition to strengthening the regulatory and enforcement authority of the Consumer Product Safety Commission, the new law established new safety standards, such as those for lead content and phthalates, and testing and certification requirements, focusing particularly on children’s products. A range of implementation issues have arisen, including uncertainty about possible exemptions to and appropriate compliance with new standards, compliance with...
The False Claims Act (FCA), an important tool for combating fraud against the U.S. government, generally provides that a person who knowingly submits, or causes to be submitted, a false or fraudulent claim for payment to the U.S. government may be subject to civil penalties and damages. Recently, the Supreme Court examined the scope of the FCA in Allison Engine v. United States ex rel. Sanders, in which a former employee of a subcontractor brought an action against other subcontractors who had allegedly submitted a false claim to the prime contractor on a U.S. defense contract. The Court...
Education Matters: Earnings and Employment Outcomes by Educational Attainment
The amount of education in which individuals invest greatly influences their labor market outcomes. For example, highly educated workers on average are better paid than other workers. Four-year college graduates also are less at risk of unemployment; if they should lose their jobs, these displaced workers are more likely than others to find new jobs. The importance of educational attainment to earnings levels has grown over time as well. Concern about the extent of wage inequality in U.S. society arose in part because of the comparatively large increases in real (inflation-adjusted)...
Overview of the Securities Act of 1933 as Applied to Private Label Mortgage-Backed Securities
Mortgage-backed securities that are packaged and issued by private industry participants are required to comply with the Securities Act of 1933. Issuers of so-called private label mortgage-backed securities must either register these securities pursuant to the rules the Securities and Exchange Commission has set forth, or obtain an exemption from registration. Failure to register or fall under an exemption could result in liability for the issuer and other parties involved in the offering. Furthermore, material misstatements or omissions in the offering materials may also result in...
Morning Hour Debates: Current House Practices
On Mondays and Tuesdays, the House of Representatives meets earlier than the hour established for that day’s session for a period called “morning hour debates” (also known as “morning hour speeches”). This period provides a rare opportunity for non-legislative debate in the House; remarks in the House are usually limited to pending legislative business. During morning hour debates, individual Members deliver speeches on topics of their choice for up to five minutes. The majority and minority leaders give the Speaker a list showing how each party’s time for morning hour debates will be...
Parental Involvement Provisions in the Elementary and Secondary Education Act (ESEA)
Requiring or encouraging parents’ involvement in the education of their children has been a long-standing goal of Title I, Part A, Education for the Disadvantaged, authorized by the Elementary and Secondary Education Act of 1965 (ESEA), most recently amended by the No Child Left Behind Act of 2001 (NCLB, P.L. 107-110). NCLB encourages parents’ involvement by requiring Title I-A schools and local educational agencies (LEAs) to develop, in conjunction with parents, parental involvement policies and school-parent compacts. Schools in LEAs that receive over $500,000 in Title I-A funding must...
The Communications Assistance for Law Enforcement Act
The Communications Assistance for Law Enforcement Act (CALEA, P.L. 103-414, 47 U.S.C. 1001-1010), enacted October 25, 1994, is intended to preserve the ability of law enforcement officials to conduct electronic surveillance effectively and efficiently despite the deployment of new digital technologies and wireless services that have altered the character of electronic surveillance. CALEA requires telecommunications carriers to modify their equipment, facilities, and services, wherever reasonably achievable, to ensure that they are able to comply with authorized electronic surveillance...
FEMA’s Hazard Mitigation Grant Program: Overview and Issues
Since 1989, the federal government has spent over $96.1 billion for disaster assistance provided by the Federal Emergency Management Agency (FEMA). Over $4.4 billion of the disaster assistance was for hazard mitigation of natural disasters such as floods, wildfires, hurricanes, tornados, and earthquakes. The unpredictable nature of the location and scale of natural disasters poses a significant fiscal management challenge to Congress. To alleviate the federal costs of disasters, Congress amended the Disaster Relief Act of 1974 in 1988 (P.L. 100-707), which was renamed the Robert T....
Nonambulatory Livestock and the Humane Methods of Slaughter Act
Revelations in early 2008 that cattle were mistreated at a California slaughter plant raised questions about enforcement of the Humane Methods of Slaughter Act. Evidence emerged that the plant had permitted nonambulatory (“downer”) cattle to be slaughtered for human food, also potentially jeopardizing food safety. The U.S. Department of Agriculture (USDA) announced the largest meat recall ever, alerted school food authorities to destroy any unconsumed products from the plant, and launched an investigation. Since then, animal welfare activists have alleged additional cases of mistreatment...
FDA Guidance Regarding the Promotion of Off-Label Uses of Drugs: Legal Issues
New drugs may not be introduced or marketed without the approval of the Food and Drug Administration (FDA). When a person submits a drug application to the FDA for approval, the application includes samples of the proposed labeling. The FDA may refuse to approve an application if the drug is not safe or effective for the specific uses that are reflected in its labeling. An unapproved new use of a drug, also known as an off-label use, is a use not mentioned in the drug’s approved labeling. Although a physician may prescribe a drug for off-label uses, a pharmaceutical manufacturer may not...
The Donor-Donee State Issue: Funding Equity in Surface Transportation Reauthorization
Few issues in the history of the Federal-Aid Highway Program have raised such heated debate as the argument over how closely the program’s payments to the individual states should match the amount of federal highway taxes each state’s highway users pay to the highway account of the Highway Trust Fund (HTF). Referred to as the donor-donee state issue, it is expected to re-emerge during the debate over the reauthorization of federal surface transportation programs. The current authorization, under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for Users...
Net Neutrality: Background and Issues
As congressional policymakers continue to debate telecommunications reform, a major point of contention is the question of whether action is needed to ensure unfettered access to the Internet. The move to place restrictions on the owners of the networks that compose and provide access to the Internet, to ensure equal access and non-discriminatory treatment, is referred to as “net neutrality.” There is no single accepted definition of “net neutrality.” However, most agree that any such definition should include the general principles that owners of the networks that compose and provide...
Federal Lands Provisions of Economic Stimulus Legislation (P.L. 111-5)
This report discusses the major federal lands provisions of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5, H.R. 1). It focuses on provisions in the law related to four federal agencies: the Forest Service, the Bureau of Land Management, the Fish and Wildlife Service, and the National Park Service. These provisions relate to construction, resource management, and wildland fire management. A comparison of the House- and Senate-passed versions of H.R. 1 also is provided, which includes a discussion of the Centennial Challenge of the National Park Service.
The Tibetan Policy Act of 2002: Background and Implementation
U.S. policy on Tibet is governed by the Tibetan Policy Act of 2002 (TPA), enacted as part of the Foreign Relations Authorization Act of FY2003 (P.L. 107-228). In addition to establishing a number of U.S. principles with respect to human rights, religious freedom, political prisoners, and economic development projects in Tibet, the TPA established in statute the State Department position of Special Coordinator for Tibetan Issues; required a number of annual reporting requirements on Sino-Tibetan negotiations, both by the State Department and by the congressionally established...
California Water Law and Related Legal Authority Affecting the Sacramento-San Joaquin Delta
The Sacramento-San Joaquin River Delta (the Delta) is formed by the confluence of the north-flowing San Joaquin River, the south-flowing Sacramento River, and the San Francisco Bay, to which the delta of the two rivers is linked. The 1,153-square-mile estuary is the hub of California’s extensive water supply system. The Delta provides water to more than 25 million people and habitat for various species, including the threatened delta smelt and endangered chinook salmon. As such, the Delta has endured decades of competing water demands. During this time, the Delta ecosystem has experienced...
Pakistan’s Capital Crisis: Implications for U.S. Policy
Pakistan, a key U.S. ally in global efforts to combat Islamist militancy, is facing a serious capital crisis. In the autumn of 2008, Pakistan was in urgent need of an estimated $4 billion in capital to avoid defaulting on its sovereign debt. The elected government of President Asif Ali Zardari and Prime Minister Yousaf Raza Gillani sought short-term financial assistance from a number of sources, including the International Monetary Fund (IMF), China, and an informal group of nations (including the United States) known as the “Friends of Pakistan.”
The Pakistani government reached an...
Medicaid Regulation of Governmental Providers
On May 29, 2007, the Centers for Medicare and Medicaid Services (CMS) issued a rule intended to establish control over the use and misuse of intergovernmental transfers in financing the states’ shares of Medicaid costs. The rule clarifies the types of intergovernmental transfers of funds allowable for financing a portion of Medicaid costs, imposes a limit on Medicaid reimbursements for government-owned hospitals and other institutional providers, and requires certain providers to retain all of their Medicaid reimbursements. In addition, the rule would establish documentation requirements...
Climate Change: Science Highlights
Scientific conclusions have become more compelling regarding the influence of human activities on the Earth’s climate. In 2007, the Intergovernmental Panel on Climate Change (IPCC) declared that evidence of global warming was “unequivocal.” It concluded that “[m]ost of the observed increase in globally averaged temperatures since the mid-20th century is very likely due to the observed increase in anthropogenic [human-related] greenhouse gas [GHG] concentrations.”
The IPCC concluded that human activities have markedly increased atmospheric concentrations of “greenhouse gases” (GHG),...
Human Services Provisions of the American Recovery and Reinvestment Act
The federal government provides grants-in-aid to states and local governments to provide a range of benefits and human services programs to disadvantaged families and persons. Most such human services are administered, and often designed, at the state and local level. Some human services are provided by community or nonprofit organizations.
The current recession is straining the budgets of state and local governments, putting pressure on many jurisdictions to cut spending or raise taxes, at the same time that these governments potentially face an increase in demand for benefits and...
The Evolving Broadband Infrastructure: Expansion, Applications, and Regulation
Over the past decade, the telecommunications sector has undergone a vast transformation fueled by rapid technological growth and subsequent evolution of the marketplace. Much of the U.S. policy debate over the evolving telecommunications infrastructure is framed within the context of a “national broadband policy.” The way a national broadband policy is defined, and the particular elements that might constitute that policy, determine how and whether various stakeholders might support or oppose a national broadband initiative. The issue for policymakers is how to craft a comprehensive...
Funding for Workforce Development in the American Recovery and Reinvestment Act (ARRA) of 2009
On February 13, 2009, both the House and Senate passed the conference version of H.R. 1, the American Recovery and Reinvestment Act of 2009 (ARRA). The primary purposes of the ARRA focus on promoting economic recovery, assisting those most affected by the recession, improving economic efficiency by “spurring technological advances in science and health,” investing in infrastructure, and stabilizing state and local government budgets. The House had previously passed its version of H.R. 1 (House-passed bill) on January 28, 2009, while the Senate passed S.Amdt. 570, an amendment in the nature...
The Carbon Cycle: Implications for Climate Change and Congress
Huge quantities of carbon are actively exchanged between the atmosphere and other storage pools, including the oceans, vegetation, and soils on the land surface. The exchange, or flux, of carbon among the atmosphere, oceans, and land surface is called the global carbon cycle. Comparatively, human activities contribute a relatively small amount of carbon, primarily as carbon dioxide (CO2), to the global carbon cycle. Despite the addition of a relatively small amount of carbon to the atmosphere, compared to natural fluxes from the oceans and land surface, the human perturbation to the carbon...
Selected Laws Governing the Disclosure of Customer Phone Records by Telecommunications Carriers
Telephone records contain a large amount of intimate personal information. Recent years have seen a rise in the use of this information for marketing and even for criminal purposes. The purchase and sale of telephone record information, therefore, became a booming business. Websites and data brokers claiming to be able to obtain the phone records for any phone number within a few days abounded. However, the methods by which these data brokers obtained their information came under intense fire from public interest groups concerned about consumer privacy.
Consumer groups and news outlets...
The National Oceanic and Atmospheric Administration (NOAA) Budget for FY2009
This review gives an overview of the budget of the National Oceanic and Atmospheric Administration (NOAA) requested for the 2009 fiscal year (FY2009) by President Bush on February 4, 2008. Bush Administration priorities for the NOAA budget included restoring funding for some programs that were flat-funded or cut for FY2008; recapitalizing aging facilities, equipment, vessels, buildings, and other infrastructure; and ensuring that NOAA satellite programs meet mission requirements and are kept to schedule.
Medicaid and Graduate Medical Education
This report discusses Medicaid coverage of graduate medical education (GME) costs. GME costs are difficult to determine because teaching occurs in the context of patient care and research. There are direct GME (DGME) costs, which include residents' stipends, payments to supervising physicians, and direct program administration costs.
Mountain Pine Beetles and Forest Destruction: Effects, Responses, and Relationship to Climate Change
The mountain pine beetle is a native insect of western U.S. pine forests. It survives by killing infested trees, usually individually, but occasionally in epidemics. Mountain pine beetle epidemics are particularly associated with lodgepole pine, a common western tree that typically grows in dense, even-aged stands. The beetle is a seasonally adapted species that thrives in areas where it can complete its life cycle in one year. The beetle has evolved a mass-attack approach to overwhelm tree defenses through large numbers, and adults congregate on large trees under stress. Widespread stress...
Nuclear Waste Disposal: Alternatives to Yucca Mountain
Congress designated Yucca Mountain, NV, as the nation’s sole candidate site for a permanent high-level nuclear waste repository in 1987, following years of controversy over the site-selection process. Over the strenuous objections of the State of Nevada, the Department of Energy (DOE) submitted a license application for the proposed Yucca Mountain repository in June 2008 to the Nuclear Regulatory Commission (NRC). During the 2008 election campaign, now-President Obama lent support to Nevada’s fight against the repository, contending in an issue statement that he and now-Vice President...
The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (H.R. 7311), passed both the House and the Senate on December 10, 2008. The President signed it into law on December 23, 2008, P.L. 110-457, 122 Stat. 5044 (2008). Although much of the Wilberforce Act originated in H.R. 3887, most of its criminal provisions did not. Most appeared first in Senate bill S. 3061, the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, which Senator Biden introduced with a brief accompanying statement on May 22, 2008. Congress ultimately elected to...
Impact of the Abolition of McCarran-Ferguson Antitrust Exemption for the “Business of Insurance”
Identical, bipartisan bills, S. 618 and H.R. 1081, that would have eliminated the antitrust exemption for the “business of insurance” in the McCarran-Ferguson Act (15 U.S.C. §§ 1011-1015), in force since 1945, were introduced in the 110th Congress, and similar legislation may be introduced in the 111th Congress. The impact of S. 618 and H.R. 1081, had they been enacted, is unclear. They would each have amended 15 U.S.C. § 1012(b) to make the antitrust laws and the Federal Trade Commission (FTC) Act “as it relates to unfair methods of competition” specifically applicable to such business....
Enforcement of the HIPAA Privacy and Security Rules
The privacy and security of health information is recognized as a critical element of transforming the health care system through the use of health information technology. As part of H.R. 1, the American Recovery and Reinvestment Act of 2009, the 111th Congress is considering legislation to promote the widespread adoption of health information technology which includes provisions dealing with the privacy and security of health records. For further information, see CRS Report RS22760, Electronic Personal Health Records, by Gina Stevens.
P.L. 104-191, the Health Insurance Portability and...
The Americans with Disabilities Act (ADA) Proposed Regulations
The Americans with Disabilities Act (ADA) has often been described as the most sweeping nondiscrimination legislation since the Civil Rights Act of 1964. As stated in the act, its purpose is “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” (42 U.S.C. §12101(b)(1)) On June 17, 2008, the Department of Justice (DOJ) issued notices of proposed rulemaking (NPRM) for ADA title II (prohibiting discrimination against individuals with disabilities by state and local governments), and ADA title III (prohibiting...
The Individuals with Disabilities Education Act (IDEA): Final Regulations for P.L. 108-446
The 108th Congress passed P.L. 108-446, which reauthorized and revised the Individuals with Disabilities Education Act (IDEA). IDEA is the major federal statute authorizing funds for special education and related services for children with disabilities, and providing detailed due process provisions to ensure that these children receive a free appropriate public education (FAPE). Although much of the basic structure of IDEA has been retained, P.L. 108-446 does make a number of significant changes. Among these are the definition of “highly qualified” teachers, requirements for children’s...
As the incoming Obama Administration conducts a review of U.S. policy toward North Korea, addressing the issue of human rights and refugees remains a priority for many members of Congress. The passage of the reauthorization of the North Korean Human Rights Act in October 2008 (P.L. 110-346) reasserted congressional interest in influencing executive branch policy toward North Korea. In addition to reauthorizing funding at original levels, the bill expresses congressional criticism of the implementation of the original 2004 law and adjusts some of the provisions relating to the Special Envoy...
In recent years, there has been increased attention paid to the political activities of churches. Churches and other houses of worship qualify for tax-exempt status as Internal Revenue Code § 501(c)(3) organizations. Under the tax laws, these organizations may not participate in political campaign activity. Separate from the prohibition in the tax code, the Federal Election Campaign Act (FECA) may also restrict the ability of churches to engage in electioneering activities.
Legislation had been introduced in the past several Congresses that would have allowed churches to participate in at...
One way that federal law regulates groups participating in election activities is by requiring them to report information on such things as their contributions and expenditures. Reporting requirements are imposed on “political organizations” by the Internal Revenue Code (IRC) and “political committees” by the Federal Election Campaign Act (FECA). Some of the requirements are similar; in which case, entities are generally subject to either the ones in the IRC (and report to the Internal Revenue Service) or those in FECA (and report to the Federal Election Commission). Included in the...
The Consumer Credit Protection Act: An Overview of Its Major Components
Congress enacted the Consumer Credit Protection Act in 1969, answering President Johnson’s call for consumer credit protection legislation. The original Act consisted of the Truth-in-Lending Act, which was aimed at closing an important gap in consumer information, as well as provisions restricting garnishment of wages and establishing the National Commission on Consumer Finance. Since its enactment, the Consumer Credit Protection Act has been amended several times to add provisions relating to debt collection, credit reporting, credit billing, consumer leasing, and electronic fund...
The Ensuring Continued Access to Student Loans Act of 2008
Federal student loans are made available under two major loan programs authorized under the Higher Education Act (HEA) of 1965, as amended: the Federal Family Education Loan (FFEL) program, authorized by Title IV, Part B, of the HEA; and the William D. Ford Federal Direct Loan (DL) program, authorized by Title IV, Part D, of the HEA. Under the FFEL program, private lenders make loans and the federal government guarantees lenders against loss due to borrower default, death, permanent disability, or, in limited instances, bankruptcy. Under the DL program, the federal government lends...
Crop Insurance and Disaster Assistance in the 2008 Farm Bill
The federal government has relied primarily on two policy tools in recent years to help mitigate the financial losses experienced by crop farmers as a result of natural disasters—a federal crop insurance program and congressionally mandated ad-hoc crop disaster payments. Congress has made several modifications to the crop insurance program since the 1980s, in an effort to forestall the demand for supplemental disaster payments. Although the scope of the crop insurance program has widened significantly over the past 25 years, the anticipated goal of crop insurance replacing disaster...
The President’s Management Agenda: A Brief Introduction
This report provides an overview of the President’s Management Agenda, announced by former President George W. Bush in August 2001. The Agenda included five government-wide initiatives: strategic management of human capital, competitive sourcing, improved financial management, expanded electronic government, and performance improvement. Related developments, such as the introduction of a Management Scorecard for gauging agency achievement on the initiatives and development of a program assessment rating tool (PART) for evaluating program performance, are also discussed. This report will...
Existing international agreements relevant to broadcasting protections do not cover advancements in broadcasting technology that were not envisioned when they were concluded. Therefore, in 1998 the Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organization (WIPO) decided to negotiate and draft a new treaty that would extend protection to new methods of broadcasting. The SCCR has not yet achieved consensus on a text.
In recent years, a growing signal piracy problem has increased the urgency of concluding a new treaty, resulting in a decision by...
Campaign Finance: Regulating Political Communications on the Internet
The Federal Election Campaign Act (FECA) regulates “federal election activity,” which is defined to include a “public communication” (i.e., a broadcast, cable, satellite, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank communication made to the general public) or “any other form of general public political advertising.” In 2006, in response to a federal district court decision, the FEC promulgated regulations amending the definition of “public communication” to include paid Internet advertisements placed on another individual or entity’s website. As a...
The Congressional Review Act (CRA) establishes expedited procedures for Congress to disapprove regulations issued by Federal agencies. Disapproval under these procedures requires enactment of a joint resolution that has a specified text and is submitted within 60 days (excluding recesses) after Congress receives the regulation. For these disapproval resolutions, the act provides expedited procedures for Senate consideration and to clear the measure for Presidential action. If the resolution becomes law, the rule not only becomes of no force and effect, but is treated as if it had never...
Federal Voluntary Voting System Guidelines: Issues
The federal Voluntary Voting System Guidelines (VVSG) are a set of technical standards for voting systems that use computers to assist in recording or counting votes. The first version went into effect in December 2007, and a draft second version has been developed. The VVSG replaced the federal voluntary Voting Systems Standards (VSS). The 2005 VVSG are a partial revision of the VSS, with revision focused mainly on accessibility, usability, and security. The 2007 draft is a complete rewrite. Several issues have been raised about the VVSG that may require congressional attention. Among...
Dairy Policy and the 2008 Farm Bill
Two ongoing federal programs that support the price and income received by dairy farmers—the dairy price support program and the Milk Income Loss Contract (MILC) program—were reauthorized with modifications in the Food, Conservation, and Energy Act of 2008 (P.L. 110-246, the 2008 farm bill).
The MILC program allows participating dairy farmers to receive a government payment when the farm price of milk used for fluid consumption falls below an established target price. The enacted 2008 farm bill extends the MILC program through FY2012 at the existing level of support, but increases the...
Discriminatory Pricing and the Robinson-Patman Act: Brief Background and Analysis
The Robinson-Patman (R-P) Act, 15 U.S.C. §§ 13, 13a, 13b, 21a, makes it unlawful, with certain exceptions, to knowingly sell goods “in commerce,” for use or sale within the United States, at differing prices to contemporaneous buyers of those goods. The “in commerce” language of Robinson-Patman has been held to mean that the interstate commerce requirement is satisfied only when at least one of the two (or more) sales is made “in the stream of commerce”—that is, across state lines.
Enacted during the Depression at the behest of small grocers who feared the buying power of large and growing...
Regulating Ballast Water Discharges: Legislative Issues in the 110th Congress
Today there is wide agreement on the need for stronger measures to control ballast water discharges from vessels which are a major pathway for introduction of invasive species into U.S. waters, but there are differing views on how best to do that. Current federal authority to manage ballast water, in the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended (NANPCA), has been criticized as inadequate. Several states (notably Michigan, California, Minnesota, Oregon, and Washington) have passed or are considering their own ballast water laws, creating concern that...
The Emergency Economic Stabilization Act of 2008 (EESA, Division A of H.R. 1424, P.L. 110-343) empowers the Secretary of the Treasury to act to stabilize the economy. Should the Secretary wish to have more than $350 billion outstanding under the program, the President must submit a written report to Congress detailing the Secretary’s request and his plan to implement it. The receipt of this report triggers a 15-day period during which Congress may reject the Secretary’s request by enacting a joint resolution of disapproval. This disapproval resolution would be considered in the House and...
“Sanctuary Cities”: Legal Issues
Controversy has arisen over the existence of so-called “sanctuary cities.” The term “sanctuary city” is not defined by federal law, but it is often used to refer to those localities which, as a result of a state or local act, ordinance, policy, or fiscal constraints, place limits on their assistance to federal immigration authorities seeking to apprehend and remove unauthorized aliens. Supporters of such policies argue that many cities have higher priorities, and that local efforts to deter the presence of unauthorized aliens would undermine community relations, disrupt municipal services,...
Clean Water Act: 110th Congress Legislation on Discharges from Recreational Boats
The Environmental Protection Agency (EPA) is required to develop a regulatory response to a 2006 federal court ruling that vacated a long-standing EPA rule. That rule had exempted discharges associated with the normal operation of vessels from permit requirements of the Clean Water Act. Concern that this ruling could require millions of recreational boaters to obtain permits led to the introduction of legislation in the 110th Congress to exempt these and other types of vessels from water quality regulation. This report discusses background to the issue and bills introduced in the 110th...
Reporting Requirements in the Emergency Economic Stabilization Act of 2008
The Emergency Economic Stabilization Act of 2008 (EESA, Division A of H.R. 1424, P.L. 110-343) established numerous reporting requirements regarding a variety of issues, and many of those reports have already been published. The entities charged with preparation of these reports include both new entities established by the act (e.g., the Financial Stability Oversight Board and the Congressional Oversight Panel) as well as agencies and officials who existed before the enactment of EESA (e.g., the Secretary of the Treasury and the Comptroller General of the United States). The recipients of...
Criminal Restitution in the 110th Congress: A Sketch
Congress enacted two restitution provisions in the 110th Congress, one as part of the Identity Theft Enforcement and Restitution Act of 2008 (Title II of P.L. 110-326)(H.R. 5938), and the other as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (P.L. 110-403)(S. 3325). It also devoted considerable time and attention to other restitution proposals that did not see final action before the end of the Congress.
Restitution legislation in the 110th Congress fell into three categories. Some proposals, like the two provisions enacted, create or would have...
Iraqi Civilian Casualties Estimates
This report presents various governmental and non-governmental estimates of Iraqi civilian deaths. The Department of Defense (DOD) regularly updates total U.S. military deaths statistics from Operation Iraqi Freedom (OIF), as reflected in CRS Report RS21578, Iraq: U.S. Casualties, by Susan G. Chesser. However, no Iraqi or U.S. government office regularly releases publically available statistics on Iraqi civilian deaths. Statistics on Iraqi civilian deaths are sometimes available through alternative sources, such as nonprofit organizations, or through statements made by officials to the...
Federal Income Tax Thresholds for Selected Years: 1996 Through 2009
One principle of tax fairness or equity accepted by many is that households at the low end of the income spectrum, especially those near the poverty threshold, should not be subject to the federal income tax. This report estimates income tax thresholds—the point at which taxpayers have an actual out-of-pocket income tax payment. In addition, the report compares these income tax thresholds to the latest available poverty thresholds for families of different sizes.
The major structural components of the income tax code which influence the income tax threshold levels include the standard...
General Revenue Sharing: Background and Analysis
This report provides background and analysis of the general revenue sharing program (GRS) as authorized in the State and Local Fiscal Assistance Act of 1972 (P.L. 92-512, the 1972 Act). The GRS program was extended three times before finally expiring on September 30, 1986. Over the almost 15-year life of the GRS program (1972 through 1986), more than $83 billion was transferred from the federal government to state and local governments. From 1972 to 1980, states received approximately one-third of the grants and local governments received two-thirds. State governments were excluded from...
Iraqi Police and Security Forces Casualties Estimates
This report presents various governmental and non-governmental estimates of Iraqi police and security forces fatalities. The Department of Defense (DOD) regularly updates total U.S. military deaths and wounded statistics from Operation Iraqi Freedom (OIF), as reflected in CRS Report RS21578, Iraq: U.S. Casualties, by Susan G. Chesser, and has released the monthly pattern of Iraqi security forces deaths. For information on Iraqi civilian deaths, see CRS Report RS22537, Iraqi Civilian Deaths Estimates, by Hannah Fischer. Because these estimates are based on varying time periods and have been...
Recipients of Social Security Disability Insurance (SSDI) benefits are eligible for Medicare benefits after a 24-month waiting period. This report explains this waiting period and its legislative history. This report also provides information on other programs that may provide access to health insurance during the required waiting period.This report will be updated to reflect legislative activity.
FDA Authority to Oversee Private Laboratories That Analyze Imported FDA-Regulated Food
Industry observers have raised concerns about perceived gaps in food import safety over the past few years. One particular area of concern focuses on imported goods that are released into the United States market after the Food and Drug Administration (FDA) detains them under an import alert. Generally, these goods may be released into the market after an importer “provides evidence that the entry is in compliance with federal laws and regulations.” Currently, the FDA does not have express statutory authority to regulate the private labs that test these imported goods for compliance,...
Major Leadership Election Contests in the House of Representatives, 94th-111th Congresses
This report contains data on votes for Speaker of the House for the 94th through 110th Congresses and elections in party conferences or caucuses for major leaders within each party for the 94th through 111th Congresses. It reflects actual balloting on the House floor for Speaker and in the Democratic Caucus and Republican Conference for other positions.
The Digital Millennium Copyright Act: Exemptions to the Prohibition on Circumvention
Congress passed the Digital Millennium Copyright Act (DMCA) in 1998, in part, to help copyright owners protect their exclusive rights against infringement facilitated by digital technologies, including the Internet. Section 1201 of the DMCA outlaws circumvention of any access control devices, such as password codes, encryption, and scrambling, that copyright owners may use to protect access to copyrighted works. The DMCA’s prohibition on circumvention is not absolute, however. In addition to several statutory exceptions to the general anti-circumvention provision, the DMCA authorizes the...
The Energy Information Administration in its Short-Term Energy and Winter Fuels Outlook (STEWFO) for the 2008-2009 winter heating season initially warned consumers of the likelihood of higher heating costs. Average expenditures for those heating with natural gas were forecasted to see their expenditures rise by more than 18%. Home heating oil expenditures were forecast to rise by 23%, propane expenditures by 11% and electric heating expenses by 10%. The forecasted increases in total expenditures result from higher prices for all energy sources, as well as the expectation of a colder winter...
Concern about exports of United States crude oil, gasoline, diesel fuel and home heating oil periodically draws Congressional attention to the level of these exports, recently observed to increase from 1.4 million barrels daily in 2007, to nearly 1.9 mbd during January-September 2008. Some policymakers have suggested that prohibiting oil exports would lower prices. Legislation introduced in the 110th Congress (H.R. 6515, S. 2598) included provisions prohibiting some or all oil exports, or would have reimposed the ban on Alaskan oil exports; but no bills received major attention.
Virtually...
The Individuals with Disabilities Education Act: Final Part B Regulations
The Individuals with Disabilities Education Act (IDEA) provides federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE. On December 1, 2008, the Department of Education (ED) issued a final regulation to “clarify and strengthen current regulations” promulgated under the Individuals with Disabilities Education Act. The areas covered by the regulation include (1) parental...
Nonforeign Cost-of-Living Allowances and Possible Transition to Locality Pay
This report provides an overview of the history of the nonforeign COLA and locality pay programs; identifies and describes potential changes to the existing nonforeign COLA system, including the possibility of instituting locality pay; and analyzes the potential effects of keeping the existing system or adopting a nonforeign COLA phase-out plan.
Bills, Resolutions, Nominations, and Treaties: Characteristics, Requirements, and Uses
In each chamber of Congress, four forms of legislative measure may be introduced (or, for resolutions, submitted) and acted on: bills, joint resolutions, concurrent resolutions, and resolutions of one house (“simple resolutions”). In addition, under the Constitution the Senate acts on two forms of executive business: nominations and treaties. This report provides a tabular comparison of the formal characteristics and uses of these six different kinds of business. For more information on legislative process, see http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 2000-2007
This report provides background data on United States arms sales agreements with and deliveries to its major purchasers during calendar years 2000-2007. In a series of data tables, it lists the total dollar values of U.S. government-to-government arms sales agreements with its top five purchasers in five specific regions of the world for three specific periods: 2000-2003, 2004-2007, and 2007 alone, and the total dollar values of U.S. arms deliveries to its top five purchasers in those same regions for the periods 2000-2003, 2004-2007, and for 2007 alone. In addition, the report provides...
Tax Basis: What Is It? Why Is It Important?
“Tax basis” is one factor used to determine the income tax consequences when an item is disposed of, whether by sale, abandonment, or contribution. The initial basis is usually cost; however, the basis of a gift is related to its basis in the donor’s hands, and the basis of inherited property is generally the property’s fair market value on the date of death. The taxpayer’s use of the item and subsequent events may require adjusting the original basis, which leads to the term “adjusted basis.” Adjustments may either increase or decrease the taxpayer’s basis in the property.
On July 30,...
Iran: Ethnic and Religious Minorities
Iran is home to approximately 70.5 million people who are ethnically, religiously, and linguistically diverse. This report discusses these minorities, their treatment under the Islamic regime, and the reactions of international rights groups.
Children in Poverty: Profile, Trends, and Issues
Child poverty persists as a social and economic concern in the United States. In 2007 12.8 million children (17.6% all children) were considered poor under the official U.S. definition. In records dating back to 1959, the incidence of poverty among related children in families has ranged from a peak of 26.9% in 1959 to a low of 13.8% in 1969. Poverty affects a child’s life chances; by almost any indicator, poor children fare worse than their nonpoor counterparts.
Family living arrangements, indicated by the presence of just one or both parents, greatly affect the chances that a child is...
Azerbaijan's October 2008 Presidential Election: Outcome and Implications
This report discusses the win by incumbent Ilkham Aliyev in Azerbaijan's October 15, 2008, presidential election. It describes the campaign and results, and examines implications for Azerbaijani and U.S. interests. This report will not be updated. Related reports include CRS Report RL33453 , Armenia, Azerbaijan, and Georgia , updated regularly.
Pay-for-Performance: Linking Employee Pay to Performance Appraisal
In many occupations today, pay is intended to reflect employee performance—or how effectively, efficiently, or thoroughly one performs his or her job. The federal government is no different from the private sector in this regard. Nearly 300,000 federal employees are currently in pay systems that attempt to make pay increases contingent upon job performance—such a system is often referred to as either a merit-based pay system or a performance-based pay system. A basic challenge with such an arrangement is arriving at credible and objective performance measures. In addition, while the...
Public-Private Partnership for a Public Safety Network: Governance and Policy
This report summarizes salient points of Federal Communications Commission (FCC) actions regarding the creation of a public-private partnership to build and manage a national communications network for public safety use. The Communications Act of 1934, as amended, empowers the FCC to set rules for auctions and to take steps to ensure the safety of the public. The FCC has used this authority to design a governance structure that would allow a Public Safety Broadband Licensee (PSBL) to share spectrum rights with a commercial enterprise and to collaborate in the construction and management of...
Military Airlift: The Joint Cargo Aircraft Program
Joint Cargo Aircraft (JCA) is a joint acquisition program between the Army and Air Force intended to procure a commercial off-the-shelf aircraft capable of meeting Army and Air Force requirements for intra-theater airlift. The C-27J Spartan, built by L-3 Communications, was awarded the JCA contract in 2007. This is an update of a report by William Knight and will be updated as conditions warrant.
The Randolph-Sheppard Act: Major Judicial Decisions
The Randolph-Sheppard Act requires that blind individuals receive priority for the operation of vending facilities on federal property. “Vending facilities” include automatic vending machines, cafeterias, and snack bars. This report will discuss several significant court decisions and recent legislation related to the Randolph-Sheppard Act. Two federal court of appeals decisions, NISH v. Cohen and NISH v. Rumsfeld, held that military troop dining facilities are “cafeterias” under the Randolph-Sheppard Act and that the act controlled over the Javits-Wagner-O’Day Act, which provides...
Recent and projected large deficits and the need for revenue to offset spending or tax reduction proposals generated congressional and executive branch interest in reducing the tax gap. Proposals in the 110th Congress to require brokers to report adjusted basis on publicly traded securities sold by individuals are examined in this report because this is a source of revenue. Basis is the amount a taxpayer uses to determine the cost of acquiring an asset, which is used to determine the asset’s capital gain or loss. In order to calculate the appropriate “adjusted basis” for tax calculations...
Charitable Contributions of Food Inventory: Proposals for Change
Tax law provides an enhanced deduction for certain charitable contributions of food inventory. The value of the existing deduction is the corporation’s basis in the donated product plus one half of the amount of appreciation, as long as that amount is less than twice the basis in the product. This deduction has generally been limited to contributions made by a certain type of corporation, C corporations.
The Katrina Emergency Tax Relief Act of 2005 (KETRA, P.L. 109-73) temporarily extended the enhanced deduction to include contributions made by other types of businesses, sole proprietors,...
Spectrum Management and Special Funds
Congress has acted to create two special funds to hold the revenue of certain spectrum auctions for specific purposes. These funds represent a departure from existing practice, which requires that auction proceeds be credited directly to the Treasury as income. The Deficit Reduction Act of 2005 (P.L. 109-171, Title III) required the auctioning of licenses for spectrum currently used by TV broadcasters for analog transmissions. It established the Digital Television Transition and Public Safety Fund to receive this auction revenue and use some of the proceeds for the transition to digital...
The Environmental Protection Agency's Brownfields Program: Scope, Authorities, and Implementation
The federal role in assisting states and communities to clean up brownfield sites—real property affected by the potential presence of environmental contamination—has been an ongoing issue for more than a decade. With the enactment of the Small Business Liability Relief and Brownfields Revitalization Act (P.L. 107-118) in 2002, Congress provided specific authority for EPA to address brownfield sites.
In contrast to Superfund sites, environmental contamination present at brownfield sites is typically less of a risk to human health. With the primary motivation to aid cleanup efforts, the 2002...
The U.S. Financial Crisis: Lessons From Chile
Chile experienced a banking crisis from 1981-84 that in relative terms had a cost comparable in size to that perhaps facing the United States today. The Chilean Central Bank acted quickly and decisively in three ways to restore faith in the credit markets. It restructured firm and household loans, purchased nonperforming loans temporarily, and facilitated the sale or liquidation of insolvent financial institutions. These three measures increased liquidity in the credit markets and restored the balance sheets of the viable financial institutions. The Central Bank required banks to...
The use of carbon monoxide (CO) in the packaging of meat and fish has generated considerable debate. The presence of CO results in the meat turning a bright red color that lasts longer than the color in untreated meat. Additionally, fish treated with CO gain a fresher appearance and a red tint. The meat industry, consumer groups, scientists, and policy makers disagree as to whether the use of CO in meat and fish packaging should be regulated by the Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA), through labeling or otherwise, and whether CO should...
Federal Railroad Safety Programs: Selected Issues in Proposed Reauthorization Legislation
The Federal Railroad Administration (FRA) is the federal agency primarily responsible for safety in the rail industry. FRA’s safety programs were last authorized in 1994; their authorization expired in 1998. Most measures of rail safety have improved significantly since FRA’s last authorization, including the number of grade crossing collisions and fatalities and the number of employee injuries and deaths. These improvements came while the amount of both freight and passenger rail activity on the nation’s rail infrastructure was increasing. However, the improvements in safety measures have...
Outer Continental Shelf Leasing: Side-by-Side Comparison of Five Legislative Proposals
This report provides a side-by-side comparison of three bills and two proposals, each of which addresses oil and gas development in the outer continental shelf (OCS). None of the bills has passed its respective chamber. One of the proposals, H.R. 6899, the “Comprehensive American Energy Security and Taxpayer Protection Act,” is expected to come to the House floor the week of September 15, 2008.
The moratoria on oil and gas leasing in much of the OCS has become a major issue in Congress and also in the Presidential campaign. This report describes the background of OCS leasing and the...
Japan’s Political Turmoil in 2008: Background and Implications for the United States
On September 1, 2008, Japanese Prime Minister Yasuo Fukuda stunned observers by resigning his post, saying that a new leader might be able to avoid the “political vacuum” that he faced in office. Fukuda’s 11-month tenure was marked by low approval ratings, a sputtering economy, and virtual paralysis in policymaking, as the opposition Democratic Party of Japan (DPJ) used its control of the Upper House of Japan’s parliament (the Diet) to delay or halt most government proposals. On September 22, the ruling Liberal Democratic Party (LDP) will elect a new president, who will become Japan’s...
One of the numerous functions performed by the Financial Management Service (FMS) at the Treasury Department is the collection of delinquent tax and non-tax debt owed to a variety of state governments and federal agencies.
In managing the collection of this debt, the FMS relies on two programs it operates with assistance from several federal agencies: the Treasury Offset Program (TOP) and the Federal Payment Levy Program (FPLP). Both programs allow the FMS to offset or reduce specified federal payments to individuals or companies in order to satisfy qualified tax or non-tax debts. The TOP...
Legal Services in the World Trade Organization (WTO) and U.S. Effect
This report provides a broad overview of the treatment of legal services under the World Trade Organization (WTO) agreements and its potential effect on laws and rules governing the provision of legal services by foreign lawyers in the United States and legal ethics rules.
Federal Trade Commission Guidance Regarding Tar and Nicotine Yields in Cigarettes
In 1966, the Federal Trade Commission (FTC or Commission) stated that a cigarette test methodology known as the Cambridge Filter Method or FTC Test Method was the methodology “to be used to support any factual statements of tar and nicotine content of the mainstream smoke of cigarettes.” The FTC statement did not mandate that cigarette companies state tar and nicotine yields on tobacco product packaging, but rather determined “the type of substantiation the Commission would deem adequate to support statements of tar and nicotine yields if cigarette companies choose to make such...
Congressional Review Act: Disapproval of Rules in a Subsequent Session of Congress
The Congressional Review Act (“CRA,” 5 U.S.C. §§801-808) established a special set of expedited or “fast track” legislative procedures, primarily in the Senate, through which Congress may enact joint resolutions disapproving agencies’ final rules. Members of Congress have 60 “days of continuous session” to introduce a resolution of disapproval after a rule has been submitted to Congress or published in the Federal Register, and the Senate has 60 “session days” to use CRA expedited procedures. Although the CRA was considered a reassertion of congressional authority over rulemaking agencies,...
The Budget Deficit and the Trade Deficit: What Is Their Relationship?
In the 1980s expansion, the trade deficit and budget deficit moved together. This pattern re-emerged in the recession and subsequent expansion beginning in 2001. This is the opposite of what happened in the last half of the 1990s, when the budget deficit fell as a fraction of gross domestic product (GDP) and the trade deficit rose sharply as a fraction of GDP. From this experience it is clear that international capital flows, which drive the net balance of trade, do not depend solely on movements in the budget deficit. During the last half of the 1990s, real gross domestic investment rose...
An Emergency Communications Safety Net: Integrating 911 and Other Services
Future 911 systems will use Internet protocols (IP) to facilitate interoperability and system resilience, and to provide better connections between 911 call centers, emergency responders, and alert and warning systems, more robust capacity, and the flexibility to receive calls for help in any format. The National Emergency Number Association (NENA) began planning for these changes under the banner of Next Generation 911, or NG9-1-1, in 2000. Support for NG9-1-1, with its emphasis on IP protocols to provide interoperability and redundancy, now comes from a broad base that includes public...
Disaster Tax Relief for the Midwest
The Midwestern Disaster Tax Relief Act of 2008 (S. 3322 and H.R. 6587) is intended to assist with the recovery from the severe weather that affected the Midwest during the summer of 2008. The Jobs, Energy, Families, and Disaster Relief Act of 2008 (S. 3335) includes some similar provisions, but these are not limited to the Midwest disaster. The disaster relief in the three bills is similar to that provided to assist with the recovery from the 2005 hurricanes and the 2007 Kansas tornadoes. This report broadly discusses the disaster relief provisions in S. 3322/H.R. 6587 and S. 3335.
Functional Categories of the Federal Budget
The President’s budget and the congressional budget resolution classify federal budgetary activities into functional and subfunctional categories that represent the major purposes of the federal government. Each budgetary activity of the federal government, including budget authority, outlays, tax expenditures, and credit authority, is classified into a subfunction based on the primary purpose it serves without regard to the agency or other unit responsible for it. The functional categories provide a broad statement of budget priorities and facilitate the analysis of trends in related...
Congressional Budget Act Points of Order
Title III of the Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, 2 U.S.C. 601-688), as amended, contains several points of order that are used to enforce congressional budget procedures and substantive provisions of a budget resolution. These points of order prohibit certain congressional actions and consideration of certain legislation. For more information on the budget process, see the CRS Guides to Congressional Processes at http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
Rowe v. New Hampshire Motor Transport Association: Federal Preemption of State Tobacco Shipment Laws
Maine adopted two laws regarding shipping and delivery sales of tobacco products that were aimed at preventing minors from acquiring tobacco products. In Rowe v. New Hampshire Motor Transport Association, the Supreme Court held that the two Maine laws were preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). That law prohibited states from “enact[ing] or enforc[ing] a law ... related to a price, route, or service of any motor carrier ... with respect to the transportation of property.” In finding that Maine’s mail-order tobacco product delivery laws were...
FDA Authority to Regulate On-Farm Activity
Recent concerns regarding fresh produce contaminated with E. coli or Salmonella have brought attention to the Food and Drug Administration (FDA)’s regulatory authority. Some advocates have requested new FDA food safety regulations, including rules that would regulate activity on farms. One question is whether the FDA has the authority to regulate on-farm activities. H.R. 1108 and S. 625, which would authorize the FDA to regulate tobacco products, would limit the FDA’s authority to regulate activities on certain tobacco farms. However, it appears that the FDA has the authority to regulate...
Whither the Role of Conference Committees: An Analysis
Conference committees have long been known as the “third house of Congress.” They are often the principal forum for resolving bicameral differences on major measures when the House and Senate pass dissimilar versions of the same bills. Current developments suggest, however, that the “third house” characterization might require modification. It is not that conference committees are unimportant, it is that another method for adjusting and reconciling bicameral differences on significant legislation has taken on greater prominence in the contemporary Congress. This method is the exchange of...
International Convention Against Doping in Sport: Issues for Congress
The International Convention Against Doping in Sport seeks to harmonize anti-doping commitments for non-professional sports at the international level. This Convention, adopted by the United Nations Educational, Scientific, and Cultural Organization (UNESCO) in 2005, entered into force on February 1, 2007. On July 21, 2008, the Senate approved the treaty for ratification (Treaty Doc 110-14), subject to an understanding, a declaration, and a condition. President George W. Bush signed the instrument of ratification for the treaty on August 4, 2008. Issues that may continue to arise as...
FEMA Disaster Housing and Hurricane Katrina: Overview, Analysis, and Congressional Issues
Some have criticized the Federal Emergency Management Agency’s (FEMA’s) emergency housing policies, particularly its approach to health and safety standards (as exemplified by the evidence of formaldehyde in both trailers and mobile homes), as well as its overall strategy to perform its housing mission. To address disaster housing issues, Congress could opt to consider questions such as the following: how have disaster housing needs traditionally been addressed under the Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended)? How did FEMA’s approach during...
Soon after the Doha Round of multilateral trade negotiations came to a standstill in July 2006, the European Union (EU) announced its intention to enter into more bilateral and regional free trade agreements (FTAs). While the EU historically has been a leading force for preferential trade agreements, its main priority from 2001-2006 was negotiating an ambitious Doha Round agreement. Given that the EU is a global economic superpower, its resumption of a bilateral and preferential trade strategy has implications for the global trading system, as well as for U.S. trade interests. As...
Federal Employees: Human Resources Management Flexibilities in Emergency Situations
Federal executive branch departments and agencies have available to them various human resources management flexibilities which can be utilized in emergency situations, such as those which resulted from Hurricanes Katrina and Rita and which could occur during a pandemic influenza outbreak. The Office of Personnel Management has issued guidance on these flexibilities, which supplements the basic policies governing staffing, compensation, leave sharing, and telework in Title 5 of the United States Code. Legislation (S. 1000, H.R. 4106, and proposed amendments to S. 3268) to enhance telework...
Community Acceptance of Carbon Capture and Sequestration Infrastructure: Siting Challenges
Congressional policy makers are becoming aware that a national program of carbon capture and sequestration could require an extensive new network of carbon-related infrastructure. Carbon capture and sequestration (CCS) is a three-part process involving a carbon dioxide (CO2) source facility, CO2 pipelines, and a permanent CO2 sequestration site. A key consideration in the development of such infrastructure is community acceptance, which may ultimately determine whether, where, and how anticipated CCS projects may be built. Although the general public is still largely unfamiliar with CCS,...
Balkan Cooperation on War Crimes Issues
Balkan cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague has long been an issue of ongoing U.S. and international concern. On July 21, 2008, the Serbian government announced the peaceful arrest in Belgrade of former Bosnian Serb leader Radovan Karadzic, a longtime high-target fugitive who had eluded capture for 13 years. Only two other ICTY indicted individuals are still at large, including Gen. Ratko Mladic, who along with Karadzic is under indictment for genocide and crimes against humanity occurring during the 1992-1995 Bosnian war. Full...
Varying media estimates of military forces in Iraq have raised concerns about the actual number of troops deployed in Operation Iraqi Freedom (OIF). Last year, a major announcement on a surge in troop deployments to Iraq by President Bush included a planned gradual increase of more than 20,000 U.S. troops on the ground in Baghdad and Anbar province over several months. Since the "new strategy for Iraq" speech by the President in January 2007, troop deployments gradually increased during the months of February through October 2007 but decreased beginning in November 2007. This report...
Department of Defense Fuel Costs in Iraq
Since the invasion of Iraq in 2003, the average price of fuels purchased for military operations in Iraq has steadily increased. The disparity between the higher price of fuel supplied to the United States Central Command compared to Iraq’s civilian population has been a point of contention. Several factors contribute to the disparity, including the different types of fuel used by the military compared to Iraqi civilians, the Iraqi government’s price subsidies, and the level pricing that the DOD’s Defense Logistics Agency charges for military customers around the world. The Iraqi...
Current Law and Selected Proposals Extending Unemployment Compensation
This report examines recent proposals to create a new temporary extension of unemployment compensation. The recent proposals to temporarily extend the duration of Unemployment Compensation (UC) include the proposal in the Senate Committee on Finance Report of the Economic Stimulus Act of 2008 dated January 30, 2008, H.R. 4934, S. 2544, H.R. 5688, H.R. 5749, and H.R. 2642. H.R. 2642 was signed into law on June 30, 2008.
Only sections in the proposals that relate to the extension of unemployment benefits are detailed. Thus, only portions of H.R. 4934 (Title I-Emergency Unemployment...
China has experienced a sharp rise in the inflow of so-called “hot money,” foreign capital entering the country supposedly seeking short-term profits, especially in 2008. Chinese estimates of the amount of “hot money” in China vary from $500 billion to $1.75 trillion. The influx of “hot money” is contributing to China’s already existing problems with inflation. Efforts to reduce the inflationary effects of “hot money” may accelerate the inflow, while actions to reduce the inflow of “hot money” may threaten China’s economic growth, as well as have negative consequences for the U.S. and...
Iraq: United Nations and Humanitarian Aid Organizations
Operation Iraqi Freedom (OIF) overthrew Saddam Hussein’s regime in 2003 and a permanent (four-year) Iraqi government is now running the day-to-day operations of the country. However, coalition forces continue to combat insurgents and are attempting to improve the security situation in Iraq. According to the Department of Defense, since early 2007 overall violence is down as much as 80%, as a result of the Administration’s “troop surge” strategy.
Elections were held in Iraq for a transitional National Assembly on January 30, 2005, and a permanent constitution was adopted on October 15,...
House Committee Markup: Reporting
At the end of the amendment process, the chair normally entertains a motion to report a measure favorably to the House. By House rule, a majority of a committee must be physically present. Once agreed to, a bill is “ordered reported;” it is actually “reported” when the committee report is filed in the House. When the committee orders a bill reported, it is incumbent upon the chair, pursuant to House rule, to report it “promptly” and take all other steps necessary to secure its consideration by the full House.
Reporting reflects the committee’s actions in markup. However, the forms in which...
House Committee Markup: Vehicle for Consideration and Amendment
The markup begins with the chair calling up a particular measure for consideration by the committee. The next action depends on the nature of the “markup vehicle” (i.e., the text that the chair intends for the committee to amend and report), which may be different from the measure laid before the panel for consideration. The vehicle can come before the committee in several different forms, each of which has its own procedural and political consequences.
The chair may lay before the committee either a bill that has been previously introduced and referred, or the text of a draft measure that...
A Free Trade Area of the Americas: Major Policy Issues and Status of Negotiations
In 1994, 34 Western Hemisphere nations met at the first Summit of the Americas, envisioning a plan to complete a Free Trade Area of the Americas (FTAA) by January 1, 2005. Faced with deadlocked negotiations, the United States and Brazil, the FTAA co-chairs, brokered a compromise at the November 2003 Miami trade ministerial. It moved the FTAA away from the comprehensive, single undertaking principle, toward a two-tier framework comprising a set of “common rights and obligations” for all countries, combined with voluntary plurilateral arrangements with country benefits related to...
International Food Aid Provisions of the 2008 Farm Bill
Provision of U.S. agricultural commodities for emergency relief and economic development is the United States’ major response to food security problems in developing countries. Title III in the omnibus farm bill enacted in June 2008, the Food, Conservation, and Energy Act of 2008 (P.L. 110-246, H.R. 6124), reauthorizes and makes a number of changes in U.S. international food aid programs. Farm bill debate over U.S. food aid programs focused generally on how to make delivery of food aid more efficient and more effective. While most of the debate focused on P.L. 480 Title II, the largest...
Iran: Profile of President Mahmoud Ahmadinejad
Iranian President Mahmoud Ahmedinejad was elected June 24, 2005, to a four-year term, becoming the first non-cleric president in 24 years. He defeated former president Akbar Hashemi Rafsanjani in a run-off. Prior to his 2005 election to the presidency, Ahmadinejad did not hold an elected office and was a virtual unknown in the international arena. This report covers his background; his victory over the well-known former president Rafsanjani; his remarks about the West, including Israel; and recent visits to Iraq and Latin America.
Free Trade Agreements and the WTO Exceptions
World Trade Organization (WTO) members must grant immediate and unconditional most-favored-nation (MFN) treatment to the products of other members with respect to tariffs and other trade matters. Free trade agreements (FTAs) are facially inconsistent with this obligation because they grant countries who are party to the agreement more favorable trade benefits than those extended to other trading partners. Due to the prevailing view that such arrangements are trade-enhancing, Article XXIV of the General Agreement on Tariffs and Trade (GATT) contains a specific exception for FTAs. The...
Agricultural Export Provisions of the 2008 Farm Bill
Agricultural exports, which are forecast by the U.S. Department of Agriculture to reach $108.5 billion in 2009, are an important source of employment, income, and purchasing power in the U.S. economy. Programs that deal with U.S. agricultural exports are a major focus of Title III, the trade title, in the new omnibus farm bill, the Food, Conservation, and Energy Act of 2008 (P.L. 110-246, H.R. 6124). The enacted farm bill repeals the major U.S. export subsidy program, and reauthorizes and changes a number of programs that assist with financing U.S. agricultural exports or that help develop...
Debt-Limit Legislation in the Congressional Budget Process
The amount of money the federal government is allowed to borrow generally is subject to a statutory limit (31 U.S.C. 3101). From time to time, Congress considers and adopts legislation to change this limit. This report provides a brief overview of debt-limit legislation within the congressional budget process. For more information on the budget process, see the CRS Guides to Congressional Processes at {http://www.crs.gov/products/guides/guidehome.shtml].
Flood Risk Management and Levees: A Federal Primer
Midwestern flooding and Hurricane Katrina have raised concerns about reducing human and economic losses from flooding. In the United States, local governments are responsible for land use and zoning decisions that shape floodplain and coastal development; however, state and federal governments also influence community and individual decisions on managing flood risk. The federal government constructs some of the nation’s flood control infrastructure, supports hazard mitigation, offers flood insurance, and provides emergency response and disaster aid for significant floods. In addition to...
The Tax Reduction and Reform Act of 2007: An Overview
On October 25, 2007, Chairman Charles B. Rangel of the House Ways and Means Committee announced his tax revision proposal, H.R. 3970, the Tax Reduction and Tax Reform Act of 2007. One of the objectives of the plan was to address the problem with the individual alternative minimum tax (AMT), a provision that was originally aimed at high-income taxpayers’ preferences but, because it was not indexed, is increasingly reaching upper middle class taxpayers. The most significant provisions, measured by revenue effect, were a revision in 2007 and subsequent repeal of the AMT (costing $845 billion...
In response to the downturn in the U.S. mortgage market, the Bush Administration helped broker an alliance of mortgage lenders, servicers, counselors, and investors called the HOPE NOW Alliance, whose stated goals are to “maximize outreach efforts to homeowners in distress to help them stay in their homes” and to “create a unified, coordinated plan to reach and help as many homeowners as possible.” One aspect of the alliance is the Statement of Principles, Recommendations and Guidelines for a Streamlined Foreclosure and Loss Avoidance Framework for Securitized Subprime Adjustable Rate...
The fiscal year is the accounting period of the federal government. It begins on October 1 and ends on September 30 of the next calendar year. Each fiscal year is identified by the calendar year in which it ends and commonly is referred to as “FY.” For example, FY2008 began October 1, 2007, and ends September 30, 2008. For more information on the budget process, see the CRS Guides to Congressional Processes at http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
The Spending Pipeline: Stages of Federal Spending
Federal government spending involves a multi-step process in which budget authority is enacted and obligated, and outlays are generated. Budget authority is enacted in law; it provides federal agencies the legal basis to incur obligations. Obligations, which reflect such activities as employing personnel, entering into contracts, and submitting purchase orders, establish financial liabilities of the federal government. Outlays are payments that liquidate these obligations. This multi-step process can be illustrated as a spending pipeline (see Figure 1). For more information on the budget...
During the 110th Congress, several House and Senate committees have engaged in oversight activities, including hearings and requests for expeditious production of documents and information regarding the Administration’s warrantless foreign intelligence surveillance programs, as possible changes to the Foreign Intelligence Surveillance Act of 1978, as amended, (FISA) were explored. In July 2007, an unclassified summary of the National Intelligence Estimate on “The Terrorist Threat to the U.S. Homeland” was released. It expressed the judgment, in part, that the U/S. Homeland will face a...
Authorization for the Commodity Futures Trading Commission (CFTC), a “sunset” agency established in 1974, expired on September 30, 2005. In the past, Congress has used the reauthorization process to consider amendments to the Commodity Exchange Act (CEA), which provides the basis for federal regulation of commodity futures trading. The last reauthorization resulted in the enactment of the Commodity Futures Modernization Act of 2000 (CFMA), the most significant amendments to the CEA since the CFTC was created in 1974. Both chambers considered reauthorization bills in the 109th Congress, but...
Data Security: Federal Legislative Approaches
During the First Session of the 110th Congress, three data security bills were reported favorably out of Senate committees—S. 239 (Feinstein), a bill to require federal agencies, and persons engaged in interstate commerce, in possession of data containing sensitive personally identifiable information, to disclose any breach of such information; S. 495 (Leahy), a bill to prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance criminal penalties, law enforcement assistance, and other protections against security breaches, fraudulent...
Navy Ship Deployments: New Approaches—Background and Issues for Congress
The Navy has implemented new kinds of naval formations, more flexible forward-deployment schedules, and a ship readiness plan (called the Fleet Response Plan, or FRP) for surge-deploying several aircraft carriers in a short period of time to respond to contingencies. The Navy has also forward-homeported additional ships, experimented with long-duration deployments with crew rotation (which the Navy calls Sea Swap), investigated multiple-crewing of ships, and is experimenting with a new forward-deployment concept called global fleet stations, or GFSs. These actions raise several potential...
Climate Change: The Kyoto Protocol, Bali “Action Plan,” and International Actions
Concerns over climate change, often termed “global warming,” have emerged both in the United States and internationally as major policy issues. Reports in 2007 by the United Nations Intergovernmental Panel on Climate Change (IPCC) provided scientific underpinnings for these concerns, and the number of proposals and international meetings devoted to these issues has grown, as discussed in this report. In December 2007, the meeting of parties to the United Nations Framework Convention on Climate Change (UNFCCC) convened in Bali, Indonesia, and agreed on the “Bali Action Plan” to guide...
Charitable Volunteers Mileage Reimbursement
In the 110th Congress, several bills (S. 403, S. 1220, H.R. 606, and H.R. 2020) include proposals to alter the mileage deduction allowed for charitable purposes. Many proposals would allow nonprofit organizations to reimburse volunteers (without income tax consequences) for mileage driven for charitable purposes up to the business mileage rate (set at 48.5 cents per mile for 2007). The taxpayer is precluded from taking a charitable deduction if he/she is reimbursed by the nonprofit entity. Current law allows nontaxable reimbursements by charities up to the charitable mileage rate of 14...
Hubble Space Telescope: NASA’s Plans for a Servicing Mission
The National Aeronautics and Space Administration (NASA) estimates that without a servicing mission to replace key components, the Hubble Space Telescope will cease scientific operations in 2008. In January 2004, then-NASA Administrator Sean O’Keefe announced that the space shuttle would no longer be used to service Hubble. He indicated that this decision was based primarily on safety concerns in the wake of the space shuttle Columbia accident in 2003. Many critics, however, saw it as the result of the new Vision for Space Exploration, announced by President Bush in January 2004, which...
State-Inspected Meat and Poultry: Issues for Congress
Federal law has prohibited state-inspected meat and poultry plants from shipping their products across state lines. The final conference version of H.R. 2419, the omnibus farm bill, amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to permit such interstate shipment under certain conditions.
Limiting state-inspected products to intrastate commerce is unfair, many state agencies and state-inspected plants have long argued, because the 27 currently state-operated programs by law already must be, and are, “at least equal” to the federal system. Meanwhile, foreign...
Memorials: Creating National, State, and Local Memorials
This report provides information on the mandatory steps to building a memorial on federal property in the District of Columbia. It also provides information on creating memorials in Arlington National Cemetery, within the Department of Veterans Affairs National Cemetery System, and in state veterans' cemeteries. In addition, it discusses public and private initiatives at the state and local levels to create memorials including successful local fund-raising efforts.
Cloture: Its Effect on Senate Proceedings
Long known for its emphasis on lengthy deliberation, the Senate in most circumstances allows its Members to debate issues for as long as they want. Further, the Senate has few ways either to limit the duration of debates or to bring filibusters (extended “talkathons”) to an end. For instance, a Senator may offer a non-debatable motion to table (or kill) an amendment or he or she might ask unanimous consent to restrict debate on pending matters. The Senate has one formal rule—Rule XXII—for imposing limits on the further consideration of an issue. Called the cloture rule (for closure of...
Nanotechnology and U.S. Competitiveness: Issues and Options
The projected economic and societal benefits of nanotechnology have propelled global investments by nations and companies. The United States launched the first national nanotechnology initiative in 2000. Since then, more than 60 nations have launched similar initiatives. In 2006, global public investment in nanotechnology was estimated to be $6.4 billion, with an additional $6.0 billion provided by the private sector. More than 600 nanotechnology products are now in the market, generally offering incremental improvements over existing products. However, proponents maintain that...
“Spam”: An Overview of Issues Concerning Commercial Electronic Mail
Spam, also called unsolicited commercial email (UCE) or “junk email,” aggravates many computer users. Not only can spam be a nuisance, but its cost may be passed on to consumers through higher charges from Internet service providers who must upgrade their systems to handle the traffic. Also, some spam involves fraud, or includes adult-oriented material that offends recipients or that parents want to protect their children from seeing. Proponents of UCE insist it is a legitimate marketing technique that is protected by the First Amendment, and that some consumers want to receive such...
Introduced in the 110th Congress, the Protecting Employees and Retirees in Business Bankruptcies Act of 2007 (H.R. 3652) proposes a number of changes to the U.S. Bankruptcy Code. According to the sponsors, the changes are needed to remedy inequities in the bankruptcy process and to recognize that employees and retirees have a unique investment in their companies through their labor.
The bill contains many proposals for changing the Bankruptcy Code. This report focuses on the amendments and additions to 11 U.S.C. § 1113, which provides the procedures that are to be followed if a debtor in...
Rising Food Prices and Global Food Needs: The U.S. Response
Rising food prices are having impacts across the world, but especially among poor people in low-income developing countries. Since 2000, a year of low food prices, wheat prices in international markets have more than tripled, corn prices have doubled, and rice prices rose to unprecedented levels in March 2008. Such increases in food prices have raised concerns about the ability of poor people to meet their food and nutrition needs and in a number of countries have lead to civil unrest. More than 33 countries, most of which are in Sub-Saharan Africa are particularly affected by food prices...
Avian Flu Pandemic: Potential Impact of Trade Disruptions
Concerns about potential disruptions in U.S. trade flows due to a global health or security crisis are not new. The possibility of an avian flu pandemic with consequences for global trade is a concern that has received attention recently, although some experts believe there is little cause for alarm. Experts disagree on the likelihood of an avian flu pandemic developing at all. This report considers possible trade disruptions, including possible impacts on trade between the United States and countries and regions that have reported avian influenza infections. These trade disruptions could...
Additional Standard Tax Deduction for the Blind: A Description and Assessment
In the Revenue Act of 1943, a special $500 income tax deduction was first permitted the blind for expenses directly associated with readers and guides. This deduction for expenses evolved to a $600 personal exemption in the Revenue Act of 1948 so that the blind did not forfeit use of the standard deduction and so that the tax benefit could be reflected directly in the withholding tables. Congress attempted to target the tax benefit to low- and moderate-income blind individuals by replacing the tax exemption with an additional standard deduction amount with passage of the Tax Reform Act of...
Lobbying Regulations on Non-Profit Organizations
Public charities, religious groups, social welfare organizations and other non-profit organizations which are exempt from federal income taxation are not generally prohibited from engaging in all lobbying or public policy advocacy activities merely because of their tax-exempt status. There may, however, be some lobbying limitations on certain organizations, depending on their tax-exempt status and/or their participation as federal grantees in federal programs. Additionally, organizations (other than churches or their affiliates) which meet specified threshold expenditure requirements on...
Additional Standard Tax Deduction for the Elderly: A Description and Assessment
An additional personal exemption for elderly taxpayers was enacted by the Revenue Act of 1948 (P.L. 80-471). The rationale for the provision was to accord the elderly tax relief because the elderly had small incomes and are unable to adjust their incomes in response to increases in the cost of living since they no longer work. Congress attempted to target the tax benefit to low- and moderate-income elderly individuals by substituting an additional standard deduction for the personal exemption amount in the Tax Reform Act of 1986 (P.L. 99-514).
The additional standard deduction for both the...
Proposals to Merge the Forest Service and the Bureau of Land Management: Issues and Approaches
The Forest Service (FS) in the Department of Agriculture and the Bureau of Land Management (BLM) in the Department of the Interior are both directed to manage lands for multiple uses and sustained yields, but their unique histories have led to different laws, regulations, practices, and procedures in managing resources. The similar missions and neighboring and intermingled lands in separate Cabinet departments have led to frequent proposals, dating back to 1911, to transfer one agency to the other department or to consolidate them into one agency.
Proponents and critics cite various...
FEMA Flood Map Modernization Funding
This report discusses the implementation of the Federal Emergency Management Agency (FEMA)'s Flood Map Modernization (Map Mod) Initiative (FMMI) and its ongoing Map Mod program. FEMA introduced the FMMI in September 1997 as a strategic plan to convert paper flood insurance rate maps (FIRMs) to digital electronic format, or DFIRMs.
Inflation measures the rate of change in all prices. Maintaining low and stable inflation is one of the primary goals of macroeconomic policy. But how should inflation be measured? Policymakers, particularly at the Federal Reserve, often refer to core inflation in their policy decisions. Core inflation is commonly defined as a measure of inflation that omits changes in food and energy prices. Some policymakers prefer to use core inflation to predict future overall inflation because food and energy price volatility makes it difficult to discern trends from the overall inflation rate. A...
The Energy Independence and Security Act of 2007 (P.L. 110-140) sets new performance standards for many common light bulbs. Tier I standards require a 25%-30% increase in the energy efficiency of typical light bulbs beginning in 2012, and still greater improvements through Tier II standards starting in 2020. Supporters expect these new measures to save consumers billions of dollars in electricity costs, offset the need to build dozens of new power plants, and cut millions of tons of greenhouse gas emissions in the United States.
Efficient lighting products such as compact fluorescent...
The Internal Revenue Service considers payments received under the Conservation Reserve Program (CRP) self-employment income even though they are called “annual rental payments,” and rental income from real property is generally excluded from self-employment income. Bills have been repeatedly introduced before Congress to statutorily exclude the CRP payments from self-employment tax, but these bills generally have died in committee. In the 110th Congress, the Senate passed H.R. 2419, which contains a provision that would exclude the payments from self-employment income in some, but not...
Air Quality Standards and Sound Science: What Role for CASAC?
As the Environmental Protection Agency (EPA) completes its reviews of the ozone, particulate matter (PM), and lead air quality standards—the PM review was completed in September 2006, the ozone review in March 2008, and the lead review is due for completion in September 2008—the Clean Air Scientific Advisory Committee (CASAC), an independent committee of scientists that advises the agency’s Administrator, has been sharply critical of several of EPA’s decisions.
CASAC was established by statute in 1977. Its members, largely from academia and from private research institutes, are appointed...
House Committee Organization and Process: A Brief Overview
Committees are integral to the work of Congress in determining the policy needs of the nation and acting on them. This report provides a brief overview of six features of the committee system in the House: organization, hearings, markup, reporting, oversight, and publications. Committees in the House have four primary powers: to conduct hearings and investigations, to consider bills and resolutions and amendments to them, to report legislation to the House for its possible consideration, and to monitor executive branch performance, that is, to conduct oversight. The report will be updated...
Ozone Air Quality Standards: EPA’s March 2008 Revision
EPA Administrator Stephen Johnson signed final changes to the National Ambient Air Quality Standard (NAAQS) for ozone on March 12, 2008; the proposal appeared in the Federal Register on March 27. NAAQS are standards for outdoor (ambient) air that are intended to protect public health and welfare from harmful concentrations of pollution. By changing the standard, EPA has concluded that protecting public health and welfare requires lower concentrations of ozone pollution than it previously judged to be safe. This report discusses the standard-setting process, the specifics of the new...
Air Quality: EPA’s 2006 Changes to the Particulate Matter (PM) Standards
On October 17, 2006, the EPA published its final revisions to the National Ambient Air Quality Standards (NAAQS) for particulate matter (particulates, or PM). The EPA reviewed more than 2,000 scientific studies and found that the evidence continued to support associations between exposure to particulates in ambient air and numerous significant health problems, including aggravated asthma, chronic bronchitis, reduced lung function, heart attacks, and premature death in people with heart or lung disease. Based on several analytical approaches, the EPA estimated that compliance with the new...
Sources of Legislative Proposals: A Descriptive Introduction
Ideas for legislation come from individual Members of Congress, congressional committees and subcommittees, informal groups of Members, the executive and judicial branches, state and local governments, foreign governments, constituents, advocacy and lobby groups, and the press.
House Floor Activity: The Daily Flow of Business
The rules of the House include a rule that lays out the daily order of business on the House floor. In practice, however, the House never follows this rule as it decides what legislative business it will transact, and when. All of the legislative business that the House conducts is brought to the floor in ways that interrupt the daily order of business, as defined by clause 1 of Rule XIV. For more information on legislative process, see http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
House and Senate Rules of Procedure: A Comparison
More differences than similarities emerge when comparing selected House and Senate rules of procedure for referring legislation to committees, and for scheduling, raising and considering measures on the floor.
While the House uses four calendars (Union, House, Private, Discharge), the Senate only employs two calendars (Legislative and Executive). The House’s system of special days for considering certain types of measures (e.g., “District Days”) has no equivalent in the Senate.
In making scheduling decisions, the Speaker typically consults only with majority party leaders and selected...
Committee Jurisdiction and Referral in the Senate
The legislative jurisdictions of the Senate’s standing committees are established in Senate Rule XXV. The committees vary in terms of jurisdictional breadth, with some responsible for a diverse array of issues and others focused more narrowly on related policies. All of the standing committees, because of their legislative jurisdiction, consider measures and issues and recommend legislation for consideration by the Senate. They also have oversight responsibility to monitor agencies, programs, and activities within their jurisdictions. In addition, the Senate has given some standing...
Under the Age Discrimination in Employment Act (ADEA), the Equal Employment Opportunity Commission (EEOC) has the authority to issue reasonable exemptions the Commission finds to be in the public interest. In 2004, the EEOC approved a narrowly drawn exemption to permit the practice of coordinating employer-provided retiree health coverage with eligibility for Medicare. However, the proposed regulation was challenged in court, and a permanent injunction blocking its implementation remained in effect for several years while the courts considered the issue. Recently, a federal appeals court...
Conservation Reserve Program Payments: Self-Employment Income, Rental Income, or Something Else?
Under the Conservation Reserve Program (CRP), owners and operators of eligible land may enter into a contract with the Secretary of Agriculture to enroll land in the program and convert it to less intensive use under an approved conservation plan. In return, participants receive an annual payment that the statute refers to as “rent.” Legislation establishing and extending the program has been silent as to the appropriate tax treatment of these payments. For many years, the Internal Revenue Service (IRS) generally treated the payments as farming income when received by someone who was...
The Use of Profit by the Five Major Oil Companies
The price of crude oil began to increase in the last quarter of 2003, and has led to the high prices observed from 2004 through 2007. The Iraq War, unexpectedly high demand growth in China, India, and the United States, and Hurricanes Katrina and Rita, along with a number of other factors, all contributed to the rising price.
An important result of these largely unexpected events was that the oil industry, as represented by the five major integrated oil companies doing business in the United States, experienced rapidly expanding revenues and profits. Some observers characterized these...
Federal Enterprise Architecture and E-Government: Issues for Information Technology Management
Congressional policymakers are concerned about potential inefficiencies and inefficacies in the operation of the federal government, particularly as it relates to decisions regarding information technology (IT) investments. These concerns have increased as federal IT spending has grown to approximately $70 billion annually. One approach being implemented to reduce duplicative spending and improve cross-agency collaboration is the use of enterprise architecture (EA) planning across the federal government. An EA serves as a blueprint of the business operations of an organization, and the...
The Vienna Convention on Consular Relations (VCCR) is a multilateral agreement codifying consular practices originally governed by customary practice and bilateral agreements between States (i.e., countries). Article 36 of the VCCR provides that when a national of a signatory State is arrested or otherwise detained in another signatory State, appropriate authorities within the receiving State must inform him “without delay” of his right to have his consulate notified. Nevertheless, foreign nationals detained by U.S. state and local authorities are not always provided with requisite...
Federal Advertising Law: An Overview
This report provides a brief overview of federal law with respect to six selected advertising issues: alcohol advertising, tobacco advertising, the Federal Trade Commission Act, advertising by mail (including junk mail), advertising by telephone, and commercial email (spam). There are numerous federal statutes regulating advertising that do not fit within any of these categories. As random examples, the Federal Food, Drug, and Cosmetic Act (FFDCA) requires disclosures in advertisements for prescription drugs; the Truth in Lending Act governs the advertising of consumer credit; and a...
HUD Proposes Administrative Modifications to the Real Estate Settlement Procedures Act
This report focuses on borrower disclosure, particularly with respect to making all pertinent information about loan terms and settlement costs transparent, so that consumers can make well-informed financial decisions when choosing mortgage products.
The D.C. Circuit Rejects EPA’s Mercury Rules: New Jersey v. EPA
On February 8, 2008, the D.C. Circuit decided New Jersey v. EPA, unanimously vacating two EPA rules under the Clean Air Act (CAA) regarding emissions of mercury from electric utility steam generating units (EGUs). The two rules had the effect of shifting EPA regulation of power-plant emissions of mercury from the more stringent and less flexible regime under CAA section 112, governing hazardous air pollutants (HAPs), to the less stringent and more flexible one under CAA section 111, authorizing national emission standards for new stationary sources. The court decision, unless reversed or...
Avatars, Virtual Reality Technology, and the U.S. Military: Emerging Policy Issues
This report describes virtual reality technology, which uses three-dimensional user-generated content, and its use by the U.S. military and intelligence community for training and other purposes. Both the military and private sector use this new technology, but terrorist groups may also be using it to train more realistically for future attacks, while still avoiding detection on the Internet. The issues for Congress to consider may include the cost-benefit implications of this technology, whether sufficient resources are available for the communications infrastructure needed to support...
Liability of Interactive Computer Service for Violating the Fair Housing Act
In Fair Housing Council of San Fernando Valley v. Roommates.com, 489 F.3d 921 (9th Cir. 2007), a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that an interactive computer service may be held liable for violating the Fair Housing Act, notwithstanding a federal statute that provides immunity from all civil liability to interactive computer services in some circumstances. An interactive computer service is defined by 47 U.S.C. § 230(f)(2) as a service that “enables computer access by multiple users to a computer server”; it may include an Internet service...
Oil Industry Profit Review 2007
Increases in the price of crude oil that began in 2004 pushed the spot price of West Texas Intermediate (WTI), a key oil in determining market prices, to nearly $100 per barrel in the third quarter of 2007. Tight market conditions persisted through the remainder of 2007, with demand growth in China, India, and other parts of the developing world continuing. Uncertain supply related to political unrest in Nigeria, Venezuela, Iraq, and other places continued to threaten the market and contribute to a psychology that pushed up prices.
The decline of the value of the U.S. dollar on world...
Social Security Reform: Possible Effects on the Elderly Poor and Mitigation Options
Social Security has significantly reduced elderly poverty. The elderly poverty rate has fallen from 35% in 1959 to an all-time low of 9% in 2006, in large part because of Social Security. If Social Security benefits did not exist, an estimated 44% of the elderly would be poor today assuming no changes in behavior. The Supplemental Security Income (SSI) program, also provides benefits to the poorest elderly, many of whom do not qualify for Social Security benefits. However, despite these programs, about 3.4 million elderly individuals remained in poverty in 2006.
The Social Security system...
Dominican Republic: Political and Economic Conditions and Relations with the United States
President Leonel Fernández of the Dominican Liberation Party (PLD), who served as president previously (1996-2000), took office again on August 16, 2004 and is running for reelection on May 16, 2008. Since taking office, President Fernández has presided over a period of rapid economic growth, enjoys continued popular support, and has a majority in both legislative chambers. He has enacted fiscal reforms and restored investor confidence in the Dominican economy, but also suffered setbacks stemming from an alleged financing scandal and criticism of the government's response to two tropical...
The Disparity Between Retail Gasoline and Diesel Fuel Prices
Over time, gasoline has typically been more expensive than diesel fuel. However, their relative prices have now reversed. In mid-March of 2008, gasoline prices exceeded $3.39/gallon (gal) while diesel fuel prices were above $3.97/gal, a differential of almost $0.60/gal. This has prompted questions of why the historic gap between gasoline and on-highway diesel prices has widened so greatly and over such a relatively brief period of time.
Crude oil, when refined, produces a mix of products. Diesel fuel and home heating oil are derived from the portion of the barrel that produces what are...
A Primer on the Higher Education Act (HEA)
The Higher Education Act of 1965 (HEA) as amended, authorizes the federal government’s major federal student aid programs (Title IV), as well as other programs which provide institutional aid and support (Titles II, III and V). In addition, the HEA authorizes services and support to less-advantaged students (select Title IV programs), and to students pursuing international education and certain graduate and professional degrees (Titles VI and VII). The programs authorized by the HEA are administered by the U.S. Department of Education (ED), and made available an estimated 70% ($94 billion)...
The Economic Substance Doctrine: Legal Analysis of Proposed Legislation
The economic substance doctrine was judicially developed. A number of bills introduced in the 110th Congress would codify the definition of “economic substance,” provide a strict liability penalty for underpayments resulting from disallowed transactions that lack economic substance, and prohibit deduction of interest on those underpayments. The proposals would not codify the doctrine, itself, nor provide standards for a court’s determination that the doctrine was relevant to a particular case. Codification has been dubbed a “revenue raiser,” though there is disagreement as to both the...
High School Graduation, Completion, and Dropouts: Federal Policy, Programs, and Issues
This report discusses federal policy, programs, and issues related to high school graduation, completion, and dropouts. The discussion covers the provisions enacted in federal law that govern the definition, calculation, and reporting requirements of these critical high school outcomes. (Note: this report does not address the issue of academic achievement among high school graduates.) The report then looks at historical data as well as the most recent indicators of these outcomes. That analysis is followed by a description of the federal programs designed to help youth who have dropped...
House Committees: Categories and Rules for Committee Assignments
Both House and party rules detail procedures for committee assignments. House rules address the election and membership of committees, especially limitations on membership. The Democratic Caucus and Republican Conference rules designate categories of committees (shown below) and specify service limitations in addition to those in the House rules.
Overview of the Congressional Budget Process
The congressional budget process, in the broadest sense, consists of the consideration and adoption of spending, revenue, and debt-limit legislation within the framework of an annual concurrent resolution on the budget. More specifically, the Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, 2 U.S.C. 601-688) provides a procedural framework for the annual adoption of a congressional budget resolution and its enforcement through points of order and an optional reconciliation process. For more information on the budget process, see the CRS Guides to Congressional Processes at...
IRAs and Other Savings Incentives: A Brief Overview
Several types of savings are eligible for beneficial treatment under the individual income tax, and Individual Retirement Accounts (IRAs) have received considerable attention. Pension savings are actually more important in terms of revenue loss. There are other investments that are treated favorably as well. The President has proposed in a succession of budgets to significantly expand IRAs. Effects of these provisions on savings are uncertain, and, despite dollar limits on contributions and income phase outs, IRAs tend to benefit higher income individuals.
State Family and Medical Leave Laws
In 1993, Congress passed the Family and Medical Leave Act (“FMLA”) to “balance the demands of the workplace with the needs of families.” When the FMLA was enacted, it supplemented approximately 30 state statutes that provided some form of family and medical leave to employees who worked in those states. Although the FMLA and state family and medical leave laws are generally similar with regard to the availability of leave, they differ both in terms of coverage and scope. This report includes summaries of the family and medical leave laws of forty-five states and the District of Columbia....
Russia’s 2008 Presidential Succession
First Deputy Prime Minister Dmitri Medvedev, President Putin’s chosen successor and long-time protege, was elected President on March 2, 2008, as expected, with about 70% of the vote. There was little real opposition. Medvedev had previously announced that if elected, he would propose Putin as Prime Minister and Putin has said that he will accept this post. The Putin regime has brought TV and radio under tight state control and virtually eliminated effective political opposition, assuring this “transition.” The Kremlin’s Unified Russia party had previously swept the parliamentary election...
Individuals with Disabilities Education Act (IDEA): Services in Private Schools under P.L. 108-446
The Individuals with Disabilities Education Act (IDEA), as amended by P.L. 108-446, provides for services for children with disabilities in private schools. A child with a disability may be placed in a private school by the local educational agency (LEA) or the State Educational Agency (SEA) and costs are paid by the agency. Children with disabilities enrolled by their parents in private schools are treated differently; generally, they are to be provided special education and related services to the extent consistent with the number and location of such children in the school district...
Impact of Rising Energy Costs on Older Americans
Energy-related expenditures include spending for utilities and fuel to operate, heat, and cool homes and spending for gasoline and motor oil for private transportation. Energy prices to consumers have increased 70% between 2000 and 2007, driven largely by growth in prices for energy commodities such as petroleum. Petroleum-based products such as fuel oil, propane and gasoline comprise about 50% of household energy expenditures.
Older Americans are disproportionately affected by higher energy costs. As a share of income, households headed by a person age 65 or older spend more on...
High Wheat Prices: What Are the Issues?
The U.S. Department of Agriculture (USDA) projects the U.S. season-average farm price (SAFP) received for all wheat in the 2007/08 marketing year (June to May) to be in the $6.45 to $6.85 per bushel range. The range midpoint exceeds the previous U.S. record of $4.55 (in 1995/96) by 46%. During the past 30 years, the all-wheat SAFP has stayed within a range of $2.42 to $4.55, while averaging $3.33 per bushel. USDA projects a replenishment of U.S. and global supplies in 2008 (assuming normal weather conditions) to moderate market prices in the latter half of 2008. However, prices are likely...
Compact Fluorescent Light Bulbs (CFLs): Issues with Use and Disposal
Compact fluorescent light bulbs (CFLs), a smaller version of fluorescent tubes, are produced with technology that allows them to fit into standard lighting products such as lamps and ceiling fixtures. The bulbs use one-fifth to one-quarter the energy and can last 10 times longer than traditional incandescent light bulbs. These factors have led to a significant increase in the sales of CFLs. According to the U.S. Environmental Protection Agency (EPA), CFL sales doubled in 2007 and now represent 20% of the U.S. light bulb market. Sales may be expected to increase with the implementation of...
Election Reform and Local Election Officials: Results of Two National Surveys
Local election officials (LEOs) are critical to the administration of federal elections and the implementation of the Help America Vote Act of 2002 (HAVA, P.L. 107-252). Two surveys of LEOs were performed, in 2004 and 2006, by Texas A&M University; the surveys were sponsored and coordinated by CRS. Although care needs to be taken in interpreting the results, they may have implications for several policy issues, such as how election officials are chosen and trained, the best ways to ensure that voting systems and election procedures are sufficiently effective, secure, and voter-friendly,...
The National Telecommunications and Information Administration (NTIA): Budget, Programs, and Issues
For FY2009, the Bush Administration has proposed a budget of $19.2 million for NTIA, with this money going towards administrative functions. There would be no funding under another NTIA program, which supports public telecommunications facilities planning and construction. Under the FY2008 enacted appropriation (P.L. 110-161) NTIA is funded at $36.3 million, which was $3.3 million below the FY2007 enacted and $17.7 million above the President’s request. There are two major components to the NTIA appropriated budget (a third program, which is a revolving fund based on spectrum auctions, is...
House Committees: Assignment Process
Committee assignments often determine the character of a Member's career. They are also important to the party leaders who organize the chamber and shape the composition of the committees. House rules identify some procedures for making committee assignments; Republican Conference and Democratic Caucus rules supplement these House rules and provide more specific criteria for committee assignments. This report describes these procedures and the basic functions of committee assignment in the House of Representatives.
House Committees: Assignment Process
Committee assignments often determine the character of a Member’s career. They are also important to the party leaders who organize the chamber and shape the composition of the committees. House rules identify some procedures for making committee assignments; Republican Conference and Democratic Caucus rules supplement these House rules and provide more specific criteria for committee assignments.
Information on the number of, and limitations on, assignments is provided in CRS Report 98-151, House Committees: Categories and Rules for Committee Assignments, by Judy Schneider. In general,...
Mexico, a major drug producing and transit country, is the main foreign supplier of marijuana and a major supplier of methamphetamine to the United States. Although Mexico accounts for only a small share of worldwide heroin production, it supplies a large share of heroin consumed in the United States. An estimated 90% of cocaine entering the United States transits Mexico. Violence in the border region has affected U.S. citizens and more than 60 Americans have been kidnapped in Nuevo Laredo. In July 2007, Mexican drug cartels reportedly threatened to kill a U.S. journalist covering drug...
FDA Fast Track and Priority Review Programs
By statutory requirements and by regulation, guidance, and practice, the Food and Drug Administration (FDA) works with several overlapping yet distinct programs to get to market quickly new drug and biological products that address unmet needs. FDA most frequently uses three mechanisms for that purpose: Accelerated Approval, Fast Track, and Priority Review. The first two affect the development process before a sponsor submits a marketing application. Accelerated Approval allows surrogate endpoints in trials to demonstrate effectiveness and is relevant in fewer situations than the others....
On January 4, 2007, the House adopted new internal rules to prohibit the receipt of most gifts by Members and staff from lobbyists, foreign agents, and most of their private clients. Additionally, the new House Rules placed more restrictions and requirements on the acceptance from outside private sources of travel expenses for “officially connected” travel by Members and staff. Such restrictions are designed specifically to further limit the participation and involvement of lobbyists, foreign agents, or their clients in such travel events, and to provide for more transparency and...
On August 5, 2007, P.L. 110-55, the Protect America Act of 2007, was signed into law by President Bush, after having been passed by the Senate on August 3 and the House of Representatives on August 4. The measure, introduced by Senator McConnell as S. 1927 on August 1, makes a number of additions and modifications to the Foreign Intelligence Surveillance Act of 1978 (FISA), as amended, 50 U.S.C. §§ 1801 et seq., and adds additional reporting requirements. As originally passed, the law was to sunset in 180 days, on February 1, 2008. On January 29, 2008, both the House and the Senate passed...
How Large is China’s Economy? Does it Matter?
China’s rapid economic growth since 1979 has transformed it into a major economic power. Over the past few years, many analysts have contended that China could soon overtake the United States to become the world’s largest economy, based on estimates of China’s economy on a “purchasing power parity” (PPP) basis, which attempts to factor in price differences across countries when estimating the size of a foreign economy in U.S. dollars. However, in December 2007, the World Bank issued a study that lowered its previous 2005 PPP estimate of the size of China’s economy by 40%. If these new...
Presidential Transitions: Background and Federal Support
This report discusses the Presidential Transition Act, which authorizes funding for the General Services Administration (GSA) to provide suitable office space, staff compensation and other services associated with the transition process.
Ship Navigation in Harbors: Safety Issues
On November 7, 2007, a container ship collided with a tower of the San Francisco-Oakland Bay Bridge, spilling 58,000 gallons of the ship’s bunker fuel into the Bay. The incident has raised questions about the role of maritime pilots and vessel traffic services (VTSs) in preventing accidents in U.S. harbors, such as: Is there a need for further independent oversight of pilot performance? Could VTSs operate more like Air Traffic Control centers? Should the pilot and ship captain be required to agree on a passage plan before transiting a harbor?
Because of the additional challenges of...
On November 15, 2007, the House of Representatives passed H.R. 3773, the RESTORE Act of 2007. On October 26, 2007, Senator Rockefeller reported S. 2248, the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007 or the FISA Amendment Act of 2007, an original bill, from the Senate Select Committee on Intelligence. On November 16, 2007, S. 2248 was reported out of the Senate Judiciary Committee by Senator Leahy with an amendment in the nature of a substitute. On December 17, 2007, the Senate considered a motion to proceed with consideration of S. 2248. Cloture on the motion to...
Improvised Explosive Devices (IEDs) in Iraq and Afghanistan: Effects and Countermeasures
Since October 2001, improvised explosive devices (IEDs, roadside bombs, and suicide car bombs) have been responsible for many of the combat deaths in Iraq and Afghanistan. Vehicle-borne IEDs and car bombs are now used to strike police stations, markets, and mosques, killing local citizens as well as U.S. troops. U.S. forces counter the devices through utilizing intelligence sources, and by disrupting portions of the radio spectrum that insurgents use to trigger IEDs. Insurgents quickly adapt to countermeasures, and new, more sophisticated IEDs are increasingly being used in both Iraq and...
Dormant Commerce Clause and State Treatment of Tax-Exempt Bonds
Most states exempt from state income taxes the interest earned on bonds issued by that particular state and its political subdivisions, while taxing the interest earned on bonds issued by other states and their political subdivisions. Some argue that these state tax schemes violate the Commerce Clause by discriminating against out-of-state bonds. Courts in two states have examined this issue. On November 5, 2007, the U.S. Supreme Court heard oral arguments in one of these cases, Department of Revenue of Kentucky v. Davis.
Managing Electronic Waste: An Analysis of State E-Waste Legislation
Pursuant to the Resource Conservation and Recovery Act (RCRA), the U.S. Environmental Protection Agency (EPA) has established regulations regarding the disposal of hazardous wastes. Although there are federal requirements under RCRA for the management of hazardous waste, some states have opted to implement more stringent requirements—particularly with regard to the management of certain hazardous wastes generated by households and small businesses (entities that are essentially exempt from RCRA’s hazardous waste management requirements).
One category of household hazardous waste that many...
General Overview of U.S. Copyright Law
This report provides a general overview of copyright law and briefly summarizes the major provisions of the U.S. Copyright Act.
U.S. Sentencing Commission’s Decision on Retroactivity of the Crack Cocaine Amendment
In May 2007, the U.S. Sentencing Commission submitted to Congress several amendments to the Federal Sentencing Guidelines, one of which had the effect of lowering the recommended penalties for crack cocaine offenses committed by criminal defendants sentenced after November 1, 2007. One of the stated purposes of this “crack cocaine amendment” was to alleviate some of the problems associated with the “100-to-1” drug quantity ratio in the federal drug trafficking laws that made crack cocaine defendants subject to the same sentence as those defendants trafficking in 100 times more powder...
Potential Effect of Marriage on Supplemental Security Income (SSI) Eligibility and Benefits
Supplemental Security Income (SSI) is a major benefit program for low-income persons with disabilities and senior citizens. As a means tested program, SSI places income and resource limits on individuals and married couples for the purposes of determining their eligibility and level of benefits. To become and remain eligible to receive SSI benefits, single individuals may not have countable resources valued at more than $2,000 and married couples may not have countable resources valued at more than $3,000. Although a person’s home and car are excluded from these calculations, most other...
Federal Laws Related to Identity Theft
According to the Federal Trade Commission, identity theft is the most common complaint from consumers in all fifty states, and complaints regarding identity theft have grown for seven consecutive years. Victims of identity theft may incur damaged credit records, unauthorized charges on credit cards, and unauthorized withdrawals from bank accounts. Sometimes, victims must change their telephone numbers or even their social security numbers. Victims may also need to change addresses that were falsified by the impostor.
This report provides an overview of the federal laws that could assist...
Ecosystem Restoration in the Great Lakes: The Great Lakes Regional Collaboration Strategy
The Great Lakes are recognized by many as an international natural resource that has been significantly altered over the past two centuries by human development. Problems in the Great Lakes include poor water quality, degraded fish and wildlife habitat, contaminated sediments, and non-native invasive species, among others. Restoration of the Great Lakes ecosystem has emerged as a top priority among a wide variety of federal, state, and local stakeholders, and among several members of Congress. In the past few decades, the U.S. Congress has enacted more than 30 federal laws specifically...
Noncitizen Eligibility For Major Federal Public Assistance Programs: Legal Concepts
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) dramatically changed noncitizen eligibility for public assistance (P.L. 104-193). For basic background on the policies involved, see CRS Report RL33809, Noncitizen Eligibility for Federal Public Assistance: Policy Overview and Trends, by Ruth Ellen Wasem,. This act prohibits many classes of noncitizens, legal and illegal aliens alike, from receiving assistance. In addition, states have greater discretion in establishing eligibility for receipt of public benefits. These changes in eligibility rules have...
To conduct foreign relations and promote the interests of their nationals located abroad, diplomatic and consular officers must be free to represent their respective States (i.e., countries) without hindrance by their hosts. Recognizing this, States receiving foreign diplomats and consular officers have long accorded such persons with certain privileges and immunities on the basis of comity, reciprocity, and international agreement. As international organizations have become increasingly important for multilateral relations and cooperation, representatives to and employees of such...
Political Organizations Under Section 527 of the Internal Revenue Code
Political organizations have the primary purpose of influencing federal, state, or local elections and conducting similar activities. Those that qualify under Section 527 of the Internal Revenue Code are taxed only on certain income. Under the Code, 527 organizations are subject to reporting requirements that involve registration, the periodic disclosure of contributions and expenditures, and the annual filing of tax returns. Section 527 organizations must also comply with applicable campaign finance laws. In the 110th Congress, the 527 Transparency Act of 2007 (H.R. 1204) would change the...
Loan Forgiveness for Public Service Employees Under the William D. Ford Direct Loan Program
The College Cost Reduction and Access Act of 2007 (CCRAA; P.L. 110-84) establishes a new loan forgiveness provision for borrowers of loans made under the William D. Ford Direct Loan (DL) program who are employed in public service jobs for 10 years during the repayment of their loans. Borrowers who make 120 monthly payments on or after October 2, 2007, according to specified repayment plan terms, while concurrently employed full-time in certain public service jobs, will have any loan balance of principal and interest remaining due after their 120th payment canceled or forgiven by the...
Internet Search Engines: Copyright’s “Fair Use” in Reproduction and Public Display Rights
Hyperlinking, in-line linking, caching, framing, thumbnails. Terms that describe Internet functionality pose interpretative challenges for the courts as they determine how these activities relate to a copyright holder’s traditional right to control reproduction, display, and distribution of protected works. At issue is whether basic operation of the Internet, in some cases, constitutes or facilitates copyright infringement. If so, is the activity a “fair use” protected by the Copyright Act? These issues frequently implicate search engines, which scan the web to allow users to find content...
Agricultural Exports and the 2007 Farm Bill
On December 14, 2007, the Senate passed its version of the 2007 farm bill. The House of Representatives passed its version of the 2007 farm bill (H.R. 2419) on July 27, 2007. Both bills, which would establish U.S. farm policy for 2008 through 2012, contain a trade title (Title III) that authorizes and amends U.S. Department of Agriculture (USDA) agricultural export programs and U.S. international food aid programs. This report assesses 2007 farm bill trade title provisions for U.S. agricultural export programs. (See CRS Report RL33553, Agricultural Export and Food Aid Programs, by Charles...
WIPO Treaty on the Protection of Broadcasting Organizations
Because existing international agreements relevant to broadcasting protections do not cover advancements in broadcasting technology that were not envisioned when they were concluded, in 1998 the Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organization (WIPO) decided to negotiate and draft a new treaty that would extend protection to new methods of broadcasting, but has yet to achieve consensus on a text. In recent years, a growing signal piracy problem has increased the urgency of concluding a new treaty, resulting in a decision to restrict...
Georgia’s January 2008 Presidential Election: Outcome and Implications
This report discusses the campaign and results of Georgia’s January 5, 2008, presidential election and implications for Russia and U.S. interests. The election took place after the sitting president, Mikheil Saakashvili, suddenly resigned in the face of domestic and international criticism over his crackdown on political dissidents. Many observers viewed Saakashvili’s re-election as marking some democratization progress, but some raised concerns that political instability might endure and that Georgia’s ties with NATO might suffer. This report may be updated. Related reports include CRS...
Hurricane Katrina: Questions Regarding the Section 8 Housing Voucher Program
Hundreds of thousands of families were displaced from their homes by Hurricane Katrina. Many of the displaced families lacked economic means before the storm; others may have become disadvantaged because of the storm. The role of the federal government in helping to meet both the short- and long-term housing needs of displaced families remains under debate within the Administration, in Congress, and in the news media, and questions persist regarding the appropriate role of the nation’s largest housing assistance program for the poor—the Section 8 voucher program—in the wake of the storm....
Primary Securities Fraud Liability: Stoneridge Investment v. Scientific-Atlanta, Inc.
On January 15, 2008, the United States Supreme Court issued its decision in Stoneridge Investment Partners v. Scientific-Atlanta, Inc., which was appealed from a decision by the Court of Appeals for the Eighth Circuit. The case concerned whether secondary actors who make no public statements concerning deceptive transactions engaged in by primary actors may be liable for fraud under the federal securities laws. The Court held that these secondary actors had not violated the major antifraud statute of the federal securities laws.
Senate Committee Reports: Required Contents
When a Senate committee reports a measure to the Senate, it usually prepares a written report that describes the purposes and provisions of the measure. Senate rules and statutes specify items that must be included in committee reports. Senate committees also may include additional items in their reports. For more information on legislative process, see http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
Trade Policymaking in the European Union: Institutional Framework
Trade policy in the EU is made in the context of legal provisions provided by the 1957 Treaty of Rome. As part of this treaty, an institutional framework for the making of trade policy—common commercial policy—was established. Despite relatively few changes in the treaty base of the EU’s common commercial policy, its institutional framework has evolved over time as the scope of what constitutes trade policy has been a subject of continuing controversy. The roles and functions of key institutions—the European Commission, the Council of Ministers, subordinate bodies of the Council, the...
Reexamining Rules: Section 610 of the Regulatory Flexibility Act
Section 610 of the Regulatory Flexibility Act (RFA) of 1980 requires each agency to develop a plan for the review of its existing rules that have or will have a “significant economic impact on a substantial number of small entities.” Agencies are required to review any new rules within 10 years of their publication as a final rule, and to provide an annual Federal Register notice of rules they have designated for review within the next 12 months. The Unified Agenda of Federal Regulatory and Deregulatory Actions is intended to be a compendium of agency rulemaking actions within the next 12...
Prospects for Democracy in Hong Kong: China’s December 2007 Decision
The prospects for democratization in Hong Kong became clearer following a decision of the Standing Committee of China’s National People’s Congress (NPCSC) on December 29, 2007. The NPCSC’s decision effectively set the year 2017 as the earliest date for the direct election of Hong Kong’s Chief Executive and the year 2020 as the earliest date for the direct election of all members of Hong Kong’s Legislative Council (Legco). However, ambiguities in the language used by the NPCSC have contributed to differences in interpretation of its decision. According to Hong Kong’s current Chief...
Guatemala: 2007 Elections and Issues for Congress
Alvaro Colom, of the center-left Nation Union of Hope (UNE) party, defeated right-wing candidate Otto Pérez Molina of the Patriot Party, in November 4, 2007 run-off elections. President-elect Colom will take office on January 14, 2008. No single presidential candidate won a majority of votes in the first round held on September 9, 2007, in which congressional and mayoral races were also held. The dominant issue in the campaign was security, and the 2007 election campaigns were the most violent since the return to democracy in 1985, with 56 candidates, activists, and family members killed....
Most broadcast television stations’ viewing areas extend far beyond the borders of their city of license, and in many cases extend beyond state borders. Under existing FCC rules, which are intended to foster “localism,” the licensee’s explicit public interest obligation is limited to serving the needs and interests of viewers within the city of license. Yet, in many cases, the population residing in the city of license is only a small proportion of the total population receiving the station’s signal. Hundreds of thousands of television households in New Jersey (outside New York City and...
SCHIP Coverage for Pregnant Women and Unborn Children
The State Children’s Health Insurance Program (SCHIP) does not include pregnancy status among its eligibility criteria and does not cover individuals over age 18. Under SCHIP, states can cover pregnant women aged 19 and older in one of three ways: (1) states may apply for waivers of program rules to extend coverage to adults such as pregnant women (§1115 waiver authority); (2) states may provide health benefits coverage, including prenatal care and delivery services, to unborn children through an SCHIP state plan amendment (SPA) as permitted through regulation (Federal Register, vol. 67,...
This report discusses labor-management relations at the Federal Aviation Administration (FAA) and the 2006 implementation of a new labor contract on air traffic controllers. The FAA’s ability to implement the new contract with its controllers was arguably supported by a mediation procedure prescribed by federal law. Concern over the fairness of this procedure has prompted Congress to consider legislation that would allow for the use of binding arbitration to resolve negotiation impasses between the agency and the exclusive bargaining representatives of its employees. This report provides...
Power Marketing Administrations: Background and Current Issues
The U.S. Department of Energy operates four regional power marketing administrations (PMAs)—the Bonneville Power Administration (BPA), the Southeastern Power Administration (SEPA), the Southwestern Power Administration (SWPA), and the Western Area Power Administration (WAPA). These agencies all operate on the principle of selling wholesale electric power with preference given to publicly or cooperatively owned utilities “at the lowest possible rates to consumers consistent with sound business practices” under the Flood Control Act of 1944 (16 U.S.C. §825s). Maintaining competitive rates...
Conditions on U.S. Aid to Serbia
Since FY2001, Congress has conditioned U.S. aid to Serbia on a presidential certification that Serbia has met certain conditions, including cooperation with the International Criminal Tribunal for the Former Yugoslavia (ICTY). The second session of the 110th Congress may consider similar certification provisions in the FY2009 foreign aid legislation. Supporters of aid conditionality say such provisions may have spurred Serbia’s cooperation with the Tribunal. Serbian cooperation with the ICTY may also be affected by the status of Serbia’s Kosovo province. The Serbian government and...
Motorcycle Safety: Recent Trends, Congressional Action, and Selected Policy Options
The U.S. Department of Transportation (DOT) has declared that motorcycle fatalities represent the nation’s greatest highway traffic safety challenge. Over the past decade, the number of passenger vehicle auto deaths has declined slightly, even as more drivers have been driving more vehicles more miles. But the number of motorcycle fatalities has more than doubled over the past decade, to 4,810 in 2006—representing 14% of all passenger vehicle occupant deaths. Annual motorcycle fatalities are now more that double the number of annual deaths from aviation, rail, marine, and pipeline...
How Crime in the United States Is Measured
Crime data collected through the Uniform Crime Reports (UCR), the National Incident-Based Reporting System (NIBRS), and the National Crime Victimization Survey (NCVS) are used by Congress to inform policy decisions and allocate federal criminal justice funding to states. As such, it is important to understand how each program collects and reports crime data, and the limitations associated with the data.
This report reviews (1) the history of the UCR, the NIBRS, and the NCVS; (2) the methods each program uses to collect crime data; and (3) the limitations of the data collected by each...
South Florida Ecosystem Restoration and the Comprehensive Everglades Restoration Plan
The Everglades, a unique network of subtropical wetlands in Florida, is half its original size. Many factors contributed to its decline, including flood control projects and agricultural and urban development. Federal, state, tribal, and local agencies collaborated to develop a Comprehensive Everglades Restoration Plan (CERP, or the plan). CERP aims to increase storage of wet season waters to augment the supplies during the dry season for both the natural system and urban and agricultural users. The plan consists of more than 60 projects estimated to take more than 30 years and $10.9...
The Retirement Savings Tax Credit: A Fact Sheet
The Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16) authorized a non-refundable tax credit of up to $1,000 for eligible individuals who contribute to an IRA or an employer-sponsored retirement plan. The credit was first available in 2002, and as enacted in 2001, it would have expired after the 2006 tax year. The Pension Protection Act of 2006 (P.L. 109-280) made the retirement savings tax credit permanent. Beginning in 2007, the eligible income brackets were indexed to inflation. The maximum credit is 50% of retirement contributions up to $2,000. The credit can...
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 1999-2006
This report provides background data on United States arms sales agreements with and deliveries to its major purchasers during calendar years 1999-2006. In a series of data tables, it lists the total dollar values of U.S. government-to-government arms sales agreements with its top five purchasers in five specific regions of the world for three specific periods: 1999-2002, 2003-2006, and 2006 alone, and the total dollar values of U.S. arms deliveries to its top five purchasers in those same regions for the periods 1999-2002, 2003-2006, and for 2006 alone. In addition, the report provides...
Overview of Education Issues and Programs in Latin America
The United States has long supported education programs in Latin America, and has a vested interest in promoting educational progress in the region. In the last 20 years, most Latin American countries have taken significant steps to improve their education systems, but major challenges remain. Those challenges include unequal access to education, high dropout and repetition rates, poor teacher quality, and uneven assessments and accountability systems. Regional and bilateral education assistance programs administered by the U.S. Agency for International Development (USAID) have sought to...
Application Process for Seeking Section 501(c)(3) Tax-Exempt Status
Charities and other entities seeking tax-exempt status as § 501(c)(3) organizations generally must apply to the Internal Revenue Service. This report provides an overview of the application process.
Opening of the International Tracing Service’s Holocaust-Era Archives in Bad Arolsen, Germany
On November 28, 2007, the International Tracing Service (ITS) opened its vast archives of materials on victims of Germany’s National-Socialist (Nazi) regime to the public, granting direct access to the archives for the first time since their establishment shortly after World War II. Access to information in the archives was previously limited to victims of Nazi crimes and their descendants, and as recently as 2006, ITS had a recorded backlog of over 400,000 requests for information. As part of its May 2006 agreement to open the archives, the 11-nation International Commission overseeing...
China’s 17th Communist Party Congress, 2007: Leadership and Policy Implications
The Chinese Communist Party’s 17th Congress, held from October 15 to 21, 2007, demonstrated the Party’s efforts to try to adapt and redefine itself in the face of emerging economic and social challenges while still trying to maintain its authoritarian one-Party rule. The Congress validated and re-emphasized the priority on continued economic development; expanded that concept to include more balanced and sustainable development; announced that the Party would seek to broaden political participation by expanding intra-Party democracy; and selected two potential rival candidates, Xi Jinping...
Recent Litigation Related to Royalties from Federal Offshore Oil and Gas Production
On October 30, 2007, the U.S. District Court for the Western District of Louisiana issued a ruling in Kerr-McGee Oil & Gas Corp. v. Allred that rebuffed efforts of the U.S. Department of the Interior (DOI) to collect royalties from offshore oil and gas production leases based on so-called “price thresholds” for previously granted royalty relief.
There has been considerable interest in the impact of this ruling on ongoing congressional efforts related to certain “missing” royalty payment requirements in leases issued by the Minerals Management Service (MMS) of the DOI in 1998 and 1999,...
The Davis-Bacon Act: Institutional Evolution and Public Policy
In 1931, at the urging of the Hoover Administration, Congress adopted the Davis-Bacon Act. The measure set certain minimum labor standards for workers employed in federal contract construction: notably, that contractors must pay their employees not less than the locally prevailing wage. The threshold for coverage is currently $2,000 and up. Construction crafts are divided into four components: commercial buildings, highways, residential, and heavy construction. Locality, in this case, is normally the equivalent of a county, though other options are possible. In addition, the Copeland...
Federal Employees Dental and Vision Insurance Program (FEDVIP)
The Federal Employee Dental and Vision Benefits Enhancement Act of 2004 was enacted on December 23, 2004 (P.L. 108-496), directing the Office of Personnel Management (OPM) to establish a supplemental dental and vision benefits program. OPM created the Federal Employees Dental and Vision Insurance Program (FEDVIP), with coverage first available on December 31, 2006. Enrollees are responsible for 100% of premiums and may choose a self-only, self + 1, or family plan. Coverage for dental and/or vision services provided through Federal Employees Health Benefits (FEHB) plans is the primary...
General Services Administration Federal Facilities Affected by Hurricane Katrina
Hurricane Katrina struck the Gulf Coast on August 29, 2005, causing widespread flooding and significant infrastructure damage to 83 federal facilities in Louisiana, Mississippi, and Alabama. The General Services Administration (GSA) is the federal government’s primary real property agency, with 11 regional offices that oversee GSA owned and leased federal buildings and courthouses. As of September 21, 2007, one leased building remained closed in the aftermath of Hurricane Katrina in GSA’s Southeast Region 4, which includes Alabama and Mississippi. In GSA’s Greater Southwest Region 7, one...
Child Welfare: Federal Policy Changes Enacted in the 109th Congress
This report summarizes changes enacted in federal child welfare policy during the 109th Congress. Most federal child welfare programs are authorized in Title IV-B and Title IV-E of the Social Security Act, and the bulk of the changes enacted amended programs in those parts of the law. These programs include Child Welfare Services, Promoting Safe and Stable Families, Court Improvement, and Foster Care and Adoption Assistance. Legislation amending these programs is typically reported by the House Ways and Means and Senate Finance Committees, and the programs are administered within the U.S....
Electronic Personal Health Records
The Administration, Congress, foundations, and the private sector have undertaken various initiatives to promote the adoption of electronic health records (EHRs) as part of the national health information infrastructure. An electronic personal health record (EPHR) is a database of medical information collected and maintained by an individual. Commercial suppliers, health care providers, health insurers, employers, medical websites, and patient advocacy groups offer EPHRs. Congress has held hearings on electronic personal health records, and legislation has been introduced (S. 1456),...
Statutory Inspectors General: Legislative Developments and Legal Issues
Congress has long taken a leadership role in establishing and sustaining offices of inspector general (OIGs), which now exist in more than 60 federal departments and agencies. This effort began with Congress’s initiation of the first contemporary statutory inspectors general (IGs) in 1976; it has continued with passage of the broadly encompassing 1978 Inspector General (IG) Act and 1988 Amendments as well as with additions and modifications in the meantime.
In the 110th Congress, two bills designed to increase the IGs’ independence and accountability or otherwise modify specific provisions...
Spectrum Use and the Transition to Digital TV
The United States, like most of the world, is moving to replace current television technology with a new, technically superior format generally referred to as digital television (DTV). As part of this transition, Congress has acted to move television broadcasters out of radio spectrum currently used for the old, analog technology. The vacated radio frequencies are now scheduled for release in accordance with provisions of the Deficit Reduction Act of 2005 (P.L. 109-171), which sets a February 2009 date for the release of the spectrum. Auctions for commercial uses of the spectrum are...
Coastal Louisiana Ecosystem Restoration After Hurricanes Katrina and Rita
Prior to Hurricanes Katrina and Rita, the U.S. Army Corps of Engineers had been seeking congressional approval for a $1.1 billion program both to construct five projects that would help restore specified sites in the coastal wetland ecosystem in Louisiana, and to continue planning several other related projects. The state of Louisiana and several federal agencies participated in the development of this program. This report introduces the program and more extensive restoration options that are being discussed in the wake of the hurricanes. It also discusses whether this program, if...
Student Loans, Student Aid, and FY2008 Budget Reconciliation
The College Cost Reduction and Access Act of 2007 was enacted as P.L. 110-84 on September 27, 2007. P.L. 110-84 makes changes to programs authorized under the Higher Education Act of 1965 and, in so doing, achieves projected savings of $752 million in mandatory spending over the period covering FY2007 through FY2012 and $3.6 billion over the period covering FY2007 through FY2017.
The FY2008 budget resolution (S.Con.Res. 21, H.Rept. 110-153) contains reconciliation instructions that require the House Committee on Education and Labor and the Senate Committee on Health, Education, Labor, and...
Student Eligibility: Drug Convictions and Federal Financial Aid
The Higher Education Amendments (HEA) of 1998 added a provision to the Higher Education Act of 1965, as amended, to suspend eligibility for federal student assistance (grants, loans, or work assistance under Title IV of the HEA) for any student who is convicted of a state or federal offense for the sale or possession of a controlled substance. This provision was amended by the Deficit Reduction Act of 2005 (DRA) to apply only to students who were convicted for the sale or possession of a controlled substance that occurred while the student was enrolled in postsecondary education and...
Almost half of the states outlaw cross burning with the intent to threaten as such. A few of these statutes cover the display of hangman’s nooses and other symbols of intimidation as well. Moreover, the same misconduct also frequently falls under more general state prohibitions on coercion, terroristic threats, harassment, or hate crimes. Some of these laws feature a hate crime element without which conviction is not possible; others do not. In either case, there are obvious first amendment implications.
The Supreme Court has explained that not all speech, particular expressive conduct, is...
In 2005, the most recent year for which data are available, just under $2 trillion was spent on health care and health-related activities. This amount represents a 6.9% increase over 2004 spending. The majority of health spending (84%) went towards paying for health care goods and services provided directly to individuals. These goods and services are referred to as personal health care. The remaining 16% of health spending covered research, public health activities, administrative costs, structures, and equipment.
Personal health care expenditures grew 7.1% in 2005, continuing a downward...
Scientific Evaluations of Approaches to Prevent Teen Pregnancy
The long-awaited experimentally designed evaluation of abstinence-only education programs, commissioned by Congress in 1997, indicates that young persons who participated in the U.S. Department of Health and Human Services’ Title V Abstinence Education block grant program were no more likely than other young persons to abstain from sex. The evaluation conducted by Mathematica Policy, Inc. found that program participants had just as many sexual partners as nonparticipants, had sex at the same median age as nonparticipants, and were just as likely to use contraception as nonparticipants. For...
The Section 198 Brownfields Tax Incentive: 2007 CRS Survey
What was regarded as a key brownfields tax incentive in the Internal Revenue Code expires on December 31, 2007. Originally enacted in the Taxpayer Relief Act of 1997 (P.L. 105-34), the provision allows a taxpayer to fully deduct the costs of environmental cleanup in the year the costs were incurred (called “expensing”), rather than spreading the costs over a period of years (“capitalizing”). The provision was adopted to stimulate the cleanup and development of less seriously contaminated sites by providing a benefit to taxpaying developers of brownfield properties. It also contains a...
Pandemic Influenza: An Analysis of State Preparedness and Response Plans
States are the seat of most authority for public health emergency response. Much of the actual work of response falls to local officials. However, the federal government can impose requirements upon states as a condition of federal funding. Since 2002, Congress has provided funding to all U.S. states, territories, and the District of Columbia, to enhance federal, state and local preparedness for public health threats in general, and an influenza (“flu”) pandemic in particular. States were required to develop pandemic plans as a condition of this funding.
This report, which will not be...
Facsimile Advertising Rules Under the Junk Fax Prevention Act of 2005
On July 9, 2005, President Bush signed S. 714, the Junk Fax Prevention Act (“the act” or JFPA) (P.L. 109-21) and on April 5, 2006, the Federal Communications Commission (FCC) issued its final rules in the related proceeding. These rules
provided an established business relationship (EBR) exemption to the prohibition on sending unsolicited facsimile advertisements;
provided a definition of an EBR to be used in the context of unsolicited facsimile advertisements;
required the sender of a facsimile advertisement to provide specified notice and contact information on the facsimile that allows...
Lobbying Law and Ethics Rules Changes in the 110th Congress
Significant changes were made by Congress to the current lobbying laws, and to internal House and Senate rules on ethics and procedures, by the passage of S. 1, 110th Congress (P.L. 110-81, 121 Stat. 735, September 14, 2007) and the adoption of H.Res. 6, 110th Congress. In the face of mounting public and congressional concern over allegations and convictions of certain lobbyists and public officials in a burgeoning “lobbying and gift” scandal, and with a recognition of legitimate concerns over undue influence and access of certain special interests to public officials, Congress has adopted...
District of Columbia Tuition Assistance Program
This report discusses the District of Columbia (DC) Tuition Assistance Program, which provides scholarships for undergraduate education to DC residents ranging from $2,500 to $10,000. Originally, the program was limited to providing scholarships for attending public higher education institutions in Maryland and Virginia, but it was expanded to include public institutions nationwide in May 2000.
Reporting a Measure from a Senate Committee
Senate rules require a majority of a committee to be physically present in order to vote to report a measure, although smaller quorums are allowed for voting on amendments and for other committee business (Rule XXVI, paragraph 7(a)(1) and 7(a)(3)). If a committee reports a measure without a majority quorum physically present, a Senator may raise a point of order on the floor against the measure’s consideration. Some committees allow a vote to be “held open” for additional Senators to vote, but with a presumption that these votes cannot change the outcome. For more information on...
Markup in Senate Committee: Considering Amendments
Senate rules pertaining to amending measures on the floor apply generally to a Senate committee markup as well. Within the confines of Senate rules, some committees have adopted their own rules governing the consideration of amendments during a markup. However, Senate committee markups can proceed informally, in accordance with a committee’s particular needs and practices that have evolved over time. Senate and committee rules and committee practices governing the consideration of amendments during committee markup are summarized below. For more information on legislative process, see...
Markup in Senate Committee: Choosing a Text
Although a bill may be subsequently amended on the Senate floor, committees have the prerogative of shaping legislation before consideration by the full chamber. Shaping legislation in committee formally occurs during a markup, when committee members meet to consider a text and recommend amendments. This report explores the options committees typically exercise in choosing the markup text. For more information on legislative process, see http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
Seat Belts on School Buses: Overview of the Issue
It is estimated that 25% of student trips to school—5.5 billion trips each year—are made on school buses. Nationwide, an average of seven school bus passengers die each year in crashes. Buses have the lowest death rate of any mode of transporting children to school in the United States.
Federal safety standards for school buses, established in 1977, require seat belts only on buses whose fully loaded weight is less than 10,000 pounds (Type II), but not on buses whose fully loaded weight is more than 10,000 pounds (Type I). The vast majority of Type I school buses weigh 24,000 pounds or...
Preparation for Senate Committee Markup
Markup is the legislative stage during which a committee chooses the language of a measure it expects to report to the Senate. Markups are carefully planned in advance to insure that the requirements of Senate rules have been met, political decisions have been made, and administrative issues have been addressed. For more information on legislative process, see http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
According to earlier precedent of the U.S. Court of Appeals for the Federal Circuit, a suit filed by a patent licensee in good standing, seeking to declare the underlying patent invalid, unenforceable, or not infringed, is non-justiciable under the Declaratory Judgment Act because there is no actual controversy between the licensee and licensor. The Federal Circuit had asserted that a license agreement eliminates any “reasonable apprehension” that the nonrepudiating licensee will be sued for infringement and thus federal courts must dismiss such declaratory judgment actions for lack of...
The Gas to Liquids Industry and Natural Gas Markets
Technological improvements and investment commitments from the world’s largest oil companies suggest the gas to liquids (GTL) industry is likely to expand rapidly over the next decade. GTL uses large quantities of natural gas to produce liquid petroleum products like diesel fuel and home heating fuel. The GTL industry might become an important competitor to the liquefied natural gas industry (LNG) in the effort to secure natural gas supplies. As a result, LNG markets may be tighter, with higher prices, potentially altering LNG’s projected role in the U.S. natural gas market.
The Energy...
Noise Abatement and Control: The Federal Role
Community perceptions of increasing exposure to noise from a wide array of sources have raised questions about the role of the federal government in regulating noise, and the adequacy of existing standards. The role of the federal government in regulating noise has remained fairly constant overall since the enactment of the Noise Control Act in 1972 (P.L. 92-574). With authorities under this and other related statutes, the federal government has established, and enforces, standards for maximum sound levels generated from aircraft and airports, federally funded highways, interstate motor...
Influenza Antiviral Drugs and Patent Law Issues
The potential for a worldwide influenza pandemic caused by bird flu has generated public interest in the availability and affordability of influenza antiviral medications such as the prescription drug Tamiflu. The possibility of a pandemic flu outbreak has contributed to a surge in orders for Tamiflu, as countries attempt to stockpile sufficient countermeasures. In 2005, there was considerable concern that the owner of the exclusive right to manufacture the patented drug, the Swiss pharmaceutical company Roche, Inc., lacked the production capacity to meet the needs of these governments...
Child Welfare: Federal Program Requirements for States
States have primary responsibility for administering child welfare funds. However, the federal government provides substantial child welfare funding that is contingent on states meeting certain program requirements. The greatest part of federal assistance dedicated to child welfare is included in Title IV-B and Title IV-E of the Social Security Act. Programs authorized under these parts of the law provide funds for a range of child welfare services, from family support and preservation to foster care, adoption support and independent living. State compliance with the plan requirements of...
Hedge Funds: Goldstein v. Securities and Exchange Commission
In 2004 the Securities and Exchange Commission (SEC) issued a rule which resulted in requiring many hedge fund advisers to register as investment advisers under the Investment Advisers Act. Because hedge fund advisers had for the most part before the rule been exempt from registration so long as they had fewer than 15 clients, hedge fund advisers, referred to collectively as Goldstein, brought suit to challenge the rule. The District of Columbia Circuit, after examining an amendment to the Investment Advisers Act, previous statements by the Securities and Exchange Commission, and the...
State E-Government Strategies: Identifying Best Practices and Applications
Although electronic government (“e-government”) is currently one of the leading approaches to government reform, a lack of coordination or communication between various initiatives increases the risk of creating more so-called “islands of automation” and “stovepipes” within and between levels of government. To address these issues, Congress is actively overseeing e-government initiatives and is attempting to work with the Office of Management and Budget (OMB) and state governments to identify best practices, standards, and strategies.
This report is based on research conducted under...
Securities Fraud: Tellabs, Inc. v. Makor Issues & Rights, Ltd.
The United States Supreme Court granted the petition for certiorari in the case Tellabs, Inc. v. Makor Issues & Rights, Ltd. The case was appealed from a decision by the Court of Appeals for the Seventh Circuit. It presented the question whether and to what extent a court must consider or weigh competing inferences in determining whether a complaint asserting a claim of securities fraud has alleged facts sufficient to establish a “strong inference” that the defendant acted with scienter, as required by the Private Securities Litigation Reform Act of 1995 (PSLRA). On June 21, 2007, the...
Obesity Discrimination and the Americans with Disabilities Act
The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection for individuals with disabilities. However, to be covered under the statute, an individual must first meet the definition of an individual with a disability. Questions have been raised as to whether and to what extent obesity is a disability under the ADA and whether the ADA protects obese individuals from discrimination. This report provides background regarding how obesity is covered under the ADA and its supporting regulations. It also discusses some of the ways in which courts have applied the ADA to...
Medical Device User Fee and Modernization Act (MDUFMA) Reauthorization
Unless Congress acts to reauthorize it, the Food and Drug Administration’s (FDA’s) authority to collect user fees under the Medical Device User Fee and Modernization Act (MDUFMA; P.L. 107-250) and, by reference, FDA’s obligation to meet related performance goals, will expire on October 1, 2007. According to the President’s budget request, in FY2008, funds from a reauthorized MDUFMA would account for an estimated $47.5 million and 200 full-time equivalent employees (FTEs). This would comprise 16.6% of FDA’s medical device review budget authority and 13.0% of its medical device...
Interstate Shipment of Municipal Solid Waste: 2007 Update
This report, which replaces a 2004 report on the same subject (CRS Report RL32570, Interstate Shipment of Municipal Solid Waste: 2004 Update), provides updated information on interstate shipment of municipal solid waste (MSW). Since the late 1980s, Congress has considered, but not enacted, numerous bills that would allow states to impose restrictions on interstate waste shipments, a step the Constitution prohibits in the absence of congressional authorization. Over this period, there has been a continuing interest in knowing how much waste is being shipped across state lines for disposal,...
On May 23, 2006, the Eleventh Circuit Court of Appeals ordered the District Court for the Southern District of Florida to enjoin EchoStar Communications Corporation from retransmitting all programming originating on any station affiliated with ABC, Inc.; CBS Broadcasting, Inc.; Fox Broadcasting Co.; or National Broadcasting Co. The district court complied, rejecting EchoStar’s last-minute arguments and partial settlement agreement and ordering the injunction imposed effective December 1, 2006. At issue before the Eleventh Circuit was whether EchoStar had violated the Satellite Home Viewer...
Potential Challenges to U.S. Farm Subsidies in the WTO: A Brief Overview
This report examines U.S. commodity subsidy programs against an emerging set of criteria that test their potential vulnerability to challenge in the World Trade Organization. The criteria are whether the subsidies cause adverse effects contributing to serious prejudice under the Agreement on Subsidies and Countervailing Measures (SCM), Articles 5 and 6.3. When measured against these criteria, available evidence suggests that all major U.S. subsidy program crops, particularly crops receiving benefits under both the counter-cyclical payments program and marketing loan provisions are...
Exporting Software and the Extraterritorial Reach of U.S. Patent Law: Microsoft Corp. v. AT&T Corp.
Generally speaking, United States patent law does not have extraterritorial effect. The exception, however, is § 271(f) of the Patent Act, which makes it an act of patent infringement to manufacture within the United States the components of a patented invention and then export those disassembled parts for combination abroad into an end product. However, in Microsoft Corp. v. AT&T Corp. (550 U.S. ___ , No. 05-1056, decided April 30, 2007), the U.S. Supreme Court held that software companies are not liable for patent infringement under § 271(f) when they export software that has been...
The Obviousness Standard in Patent Law: KSR International Co. v. Teleflex Inc.
The Patent Act provides protection for processes, machines, manufactures, and compositions of matter that are useful, novel, and nonobvious. Of these three statutory requirements, the nonobviousness of an invention is often the most difficult to establish. To help courts and patent examiners make the determination, the U.S. Court of Appeals for the Federal Circuit developed a test called “teaching, suggestion, or motivation” (TSM). This test provided that a patent claim is only proved obvious if the prior art, the nature of the problem to be solved, or the knowledge of those skilled in the...
In Winkelman v. Parma City School District, the Supreme Court examined the issue of whether the Individuals with Disabilities Education Act (IDEA) permits parents who are not attorneys to bring suit in court, either on their own behalf or as representatives of their child. The Court held that such pro se suits were permitted for parents suing with regard to their own rights. In an opinion written by Justice Kennedy, the Court concluded that IDEA grants parents independent, enforceable rights that encompass a child’s entitlement to a free appropriate public education and that these rights...
Under the auspices of the Uruguay Round’s Agreement on Agriculture (AA), members of the World Trade Organization (WTO) agreed to limit and reduce their most distortive domestic support subsidies. Several types of domestic subsidies were identified as causing minimal distortion to agricultural production and trade, as identified in Annex II (the so-called Green Box) of the AA, and were provided exemption from WTO disciplines. Potential “Green Box” policies include outlays for conservation activities such as the Conservation Security Program and long-term land retirement programs such as the...
Data Brokers: Background and Industry Overview
Disclosures of breaches of the customer databases of LexisNexis and ChoicePoint have raised interest in the business and regulation of data brokers, companies that collect personal information from public and private records and sell this information to public and private sector entities. The growth of this industry has generally tracked the increase in government and private sector use of personal information. The vast amount of personal information that data brokers collect and the improper access to such data, however, have spurred concern as to the dangers of identity theft. Identity...
Consideration of the Budget Resolution
Consideration of a concurrent budget resolution is governed by special procedures in the House and Senate. Although the procedures of each chamber differ, they serve generally to expedite consideration of the budget resolution. For more information on the budget process, see http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
Cable Television: Background and Overview of Rates and Other Issues for Congress
Cable television is one of the oldest and most popular distribution technologies used to deliver video programming to consumers. It uses fixed coaxial or fiber-optic cables to accomplish delivery. Of the various other methods used to deliver video, only direct broadcast satellite (DBS) successfully competes with cable. It uses communications satellites to deliver signals to individual consumers. In 2005, cable television was received by 65.4 million homes, or approximately 69% of all pay television subscribers. In comparison, DBS was received by 26.1 million homes, or approximately 27.7%...
Senate Committee Rules in the 110th Congress: A Comparison of Key Provisions
Senate Rule XXVI spells out specific requirements for Senate committee procedures. In addition, all Senate committees are required to adopt rules that govern their organization and operation. Those committee rules then elaborate, within Senate rules, how the committee will handle its business. Rules adopted by a committee may “not be inconsistent with the Rules of the Senate” (Senate Rule XXVI, paragraph 2). Committees may add to the basic rules, but they may not add anything that is in conflict with Senate rules.
This report first provides a brief overview of Senate rules as they pertain...
Homeland Security: Coast Guard Operations - Background and Issues for Congress
The Coast Guard is the lead federal agency for maritime homeland security. For FY2008, the Coast Guard is requesting a total of about $4.5 billion, or a bit more than half its total proposed budget, for the five missions defined in The Homeland Security Act of 2002 (P.L. 107-296) as the Coast Guard’s homeland security missions. The Coast Guard’s homeland security operations pose several potential issues for Congress. This report will be updated as events warrant.
Unmanned Vehicles for U.S. Naval Forces: Background and Issues for Congress
Unmanned vehicles (UVs) are viewed as a key element of the effort to transform U.S. military forces. The Department of the Navy may eventually acquire every major kind of UV. Navy and Marine Corps UV programs raise several potential issues for Congress. This report will be updated as events warrant.
Taxation of Aviation Prior to 1970
Prior to the 1970 creation of the airport and airway trust fund and the aviation taxes that supported it, there were no aviation specific taxes (taxes levied on aviation use or users solely for the support of aviation infrastructure) in the United States. Aviation users were, however, subject to manufacturers’ excise taxes such as those on gasoline, oil lubricants, tires, and inner tubes. Excise taxes on the transportation of persons and property were imposed during the early 1940s as war revenue measures. Although efforts were made, beginning almost immediately after the end of World War...
The Strategic Energy Efficiency and Renewables Reserve in the CLEAN Energy Act of 2007 (H.R. 6)
H.R. 6 would use revenue from certain oil and natural gas policy revisions to create an Energy Efficiency and Renewables Reserve. The actual uses of the Reserve would be determined by ensuing legislation. A variety of tax, spending, or regulatory bills could draw funding from the Reserve to support liquid fuels or electricity policies. The House budget resolution (H.Con.Res. 99) would create a deficit-neutral reserve fund nearly identical to that proposed in H.R. 6. The Senate budget resolution (S.Con.Res. 21) would create three reserve funds with purposes related to those in H.R. 6....
Avian Influenza in Poultry and Wild Birds
Avian influenza is a viral disease that primarily infects birds, both domestic and wild. Certain strains of bird flu break the avian barrier and have been known to infect other animals and humans. Avian flu viruses are common among wild bird populations, which act as a reservoir for the disease. While rarely fatal in wild birds, avian flu is highly contagious and often fatal in domestic poultry, prompting strict biosecurity measures on farms. International trade restrictions imposed by countries to counter avian flu can have large economic effects.
The H5N1 strain of highly pathogenic...
Animal Agriculture: Selected Issues for Congress
The value of animal production on the 1.3 million U.S. dairy, livestock, and poultry farms (2002 Census of Agriculture) averages about $124 billion annually, more than half the total value of all U.S. agricultural production. The United States produces—and consumes—more beef/veal, pork, poultry, and milk than almost any other single country (China leads in pork). U.S. exports have grown rapidly in recent decades, as has integration of U.S. meat production and processing with that of Mexico and Canada.
Farming, processing, and marketing have all trended toward larger and fewer operations...
Railroad Retirement Board Annuities for Widows and Widowers
The Railroad Retirement and Survivors’ Improvement Act of 2001 (P.L. 107-90) increased monthly annuities for many Railroad Retirement Board (RRB) widow and widower beneficiaries. The legislation added a guaranty amount—a temporary supplemental payment—to the initial annuities, making them greater than previously. However, the legislation also provided that the monthly annuities would not increase with annual cost-of-living adjustments (COLAs) while guaranty amounts are paid, in effect keeping them constant for several years.
The rules for widow(er) annuities are a source of confusion among...
House Committee Markup: Amendment Procedure
The essential purpose of a committee markup is to determine whether a measure pending before a committee should be altered, or amended, in any substantive way. Of course, committees do not actually amend measures; instead a committee votes on which amendments it wishes to recommend to the House.
How a panel conducts the amending process in markup for the most part reflects procedures used in the Committee of the Whole, as possibly modified by an individual committee’s rules. There is also a widespread feeling that the level of formality in a markup often reflects the level of contention in...
House Committee Markup: Preparation
Markups provide Members on a committee an opportunity to change parts of a bill prior to its consideration by the full House. A number of administrative, procedural, and substantive steps must be undertaken in preparation for a markup, and other steps could or should be undertaken. Generally, the markup should be strategically planned to minimize controversy, provide Members with political dividends, and position the committee for future action.
The information provided here is not comprehensive, nor is every item needed in every case. Rather, this report is intended as a guide for various...
Title IV of the Higher Education Act (HEA) authorizes programs that provide student financial aid to support attendance at a variety of institutions of higher education (IHEs). These institutions include public institutions, private non-profit institutions, and private for-profit (proprietary) institutions. In order for students attending a school to receive federal Title IV assistance, the school must:
Be licensed or otherwise legally authorized to provide postsecondary education in the state in which it is located,
Be accredited by an agency recognized for that purpose by the Secretary...
District of Columbia School Reform Proposal: Authority of the D.C. Council To Implement
This report addresses the authority of the District of Columbia Council to implement a proposed reorganization of the District of Columbia Board of Education. Specifically, the report addresses the authority of the Council to implement the proposed District of Columbia Public Education Reform Amendment Act of 2007, a bill currently being considered by Council. The proposed Act would involve extensive revision of the D.C. Code, including parts of the District of Columbia Home Rule Act. In addition, the report considers to what extent Congress would be required to legislate to implement this...
Voter Identification and Citizenship Requirements: Overview and Issues
The Help America Vote Act of 2002 (HAVA, P.L. 107-252) requires that certain voters who had registered by mail present a form of identification from a list specified in the act. States vary greatly in what identification they require voters to present, ranging from nothing beyond the federal requirement to photographic identification for all voters. The adequacy of the current federal requirement has been controversial, and several bills were introduced in the 109th and previous Congresses both to broaden and restrict that requirement. H.R. 4844 (Hyde), which was passed by the House on...
The Deficit Reduction Act of 2005 (DRA, P.L. 109-171) includes a scaled-back version of welfare reauthorization. More extensive versions were considered during the preceding four-year debate. (See CRS Report RL33418, Welfare Reauthorization in the 109th Congress: An Overview, by Gene Falk, Melinda Gish, and Carmen Solomon-Fears for details.) The DRA extends funding at current levels for basic state grants under the Temporary Assistance for Needy Families (TANF) block grant through Fiscal Year (FY) 2010. It requires most states to either raise participation in work activities among families...
Mercury Emissions from Electric Power Plants: States Are Setting Stricter Limits
In March 2005, the U.S. Environmental Protection Agency (EPA) promulgated the first national emission standards for mercury emissions from electric power plants. EPA studies conclude that about 6% of American women of child-bearing age have blood mercury levels sufficient to increase the risk of adverse health effects (especially lower IQs) in children they might bear. Power plants account for 42% of total U.S. mercury emissions, according to EPA. Thus, there has been great interest in the agency’s power plant regulations.
The regulations established a cap-and-trade program to address...
Mootness: An Explanation of the Justiciability Doctrine
A case pending before a federal court may at some point in the litigation process lose an element of justiciability and become “moot.” Mootness may occur when a controversy initially existing at the time the lawsuit was filed is no longer “live” due to a change in the law or in the status of the parties involved, or due to an act of one of the parties that dissolves the dispute. When a federal court deems a case to be moot, the court no longer has the power to entertain the legal claims and must dismiss the complaint. However, the U.S. Supreme Court over time has developed several...
U.S. International Borders: Brief Facts
This report, originally authored by CRS Information Specialist Barbara Torreon, provides information on the international boundaries that the United States shares with Canada and Mexico. Included are data on land and water boundaries for the northern Canadian border and the southern Mexican border, as well as the international boundaries for the U.S. states that border these countries. Coastline figures for the continental United States, Alaska, Hawaii, the Great Lakes, and extraterritorial areas are also included. This report does not cover border security issues; however, a listing of...
Selected International Depreciation Rates by Asset and Country
The depreciation provisions in the U.S. tax system are of recurring interest to Congress. More than 100 bills were introduced in the 109th Congress that addressed some aspect of depreciation. Concerns about the U.S. depreciation system tend to begin with the criticism that updates to the system have not kept pace with technological advancements of the assets for which it is utilized to account. This report provides information on the depreciation systems of selected European Union countries (France, Germany, Ireland, Spain, and the United Kingdom) by presenting depreciation rates for...
Characteristics of and Reporting Requirements for Selected Tax-Exempt Organizations
This report addresses the differences among the tax-exempt organizations described in Internal Revenue Code subsections 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(6), and section 527—charitable organizations, social welfare organizations, labor unions, trade associations, and political organizations, respectively.
Each type of organization has a unique statutory definition, enjoys benefits from obtaining tax-exempt status, is subject to statutory limitations on its activities, and must disclose certain information to the IRS and the general public. At the end of the report is a chart that...
The Economic Substance Doctrine: Recent Significant Legal Decisions
The economic substance doctrine is a judicially developed doctrine that has become one of the IRS’s primary tools in fighting abusive tax shelters. The doctrine permits transactions lacking in economic substance to be disregarded for tax purposes. In 2006, four significant decisions dealing with the doctrine were issued by U.S. courts of appeals. In the 110th Congress, S. 96 (Export Products Not Jobs Act) has been introduced to codify the doctrine. This report discusses the doctrine’s development and the four cases and summarizes the bill. It will be updated as events warrant.
Pakistan: Chronology of Events, November 2006 - February 2007
This report provides a chronology of recent events involving Pakistan and Pakistan-U.S. relations. Sources include, but are not limited to, major newswires, the U.S. Department of State, and Pakistani news outlets. For a substantive review, see CRS Report RL33498, Pakistan-U.S. Relations. This report will not be updated.
Campaign Finance Legislation and Activity in the 109th Congress
During the 109th Congress, 51 bills were introduced to change the nation’s campaign finance laws (primarily under Titles 2 and 26 of the U.S. Code). These bills—43 in the House and 8 in the Senate—sought to change the current system, including tightening perceived loopholes. Two of those bills passed the House, but no bill passed both chambers. Therefore, no statutory changes occurred in federal campaign finance law during the 109th Congress.
Although the 109th Congress chose not to enact campaign finance legislation, Congress nonetheless considered dozens of bills addressing a wide...
Afghan Refugees: Current Status and Future Prospects
The United Nations High Commissioner for Refugees (UNHCR) has helped 3.69 million Afghan refugees return to Afghanistan since March 2002, marking the largest assisted return operation in its history. In addition, more than 1.11 million refugees have returned to Afghanistan without availing themselves of UNHCR’s assistance, bringing the total number of returnees to at least 4.8 million. Despite the massive returns, possibly 3.5 million registered and unregistered Afghans still remain in these two countries of asylum—up to 2.46 million in Pakistan and more than 900,000 in Iran—making Afghans...
Accreditation and the Reauthorization of the Higher Education Act
Under the Higher Education Act (HEA), institutions of higher education (IHEs) must be accredited by an agency or association recognized by the Secretary of the U.S. Department of Education (ED) to participate in HEA Title IV federal student aid programs. While this process is voluntary, failure to obtain accreditation could have a dramatic effect on an institution’s student enrollment, as only students attending accredited institutions are eligible to receive federal student aid (e.g., Pell grants and student loans). Accrediting agencies are private organizations set up to review the...
Juvenile Justice: Overview of Legislative History and Funding Trends
Although juvenile justice has always been administered by the states, Congress has had significant influence in the area through grant funding and programs provided by the Department of Justice’s (DOJ’s) Office of Juvenile Justice and Delinquency Prevention. The Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974, P.L. 93-415, was the first comprehensive juvenile justice legislation passed by Congress. The act has four mandates for fund recipients: status offenders, such as truants, cannot be institutionalized; juveniles cannot be detained in local jails or lockups with adults;...
Application of Campaign Finance Law to Indian Tribes
Under the Federal Election Campaign Act (FECA), Indian tribes are subject to contribution limits applicable to “persons,” as defined by the act. For the 2008 election cycle, these limits include $2,300 per election to a candidate, $28,500 per year to a political party’s national committee, and $5,000 per year to a political action committee (PAC). The Federal Election Commission (FEC) has found, however, that FECA’s $108,200 election cycle aggregate limit applicable to “individuals,” as defined by the act, does not apply to Indian tribes (similar to FECA’s treatment of other interest...
Medicaid Cost-Sharing Under the Deficit Reduction Act of 2005 (DRA)
Under traditional Medicaid, states may require certain beneficiaries to share in the cost of Medicaid services, although there are limits on the amounts that states can impose, the beneficiary groups that can be required to pay, and the services for which cost-sharing can be charged. Prior to DRA, changes to these rules required a waiver. DRA provides states with new options for benefit packages and cost-sharing that may be implemented through Medicaid state plan amendments (SPAs) rather than waiver authority. These rules vary by beneficiary income level and for some types of service. The...
The Federal Supplemental Educational Opportunity Grant, Federal Work-Study, and Federal Perkins Loan programs are collectively referred to as the campus-based financial aid programs largely because participating institutions play a central role in their operation, and because the aid they make available to students comprises federal funds matched in part with institutional funds. In recent years, the programs have been criticized because a large share of funding is allocated to institutions on the basis of amounts received in prior years for “base guarantees” as opposed to being allocated...
Breastfeeding and Jury Duty: State Laws, Court Rules, and Related Issues
The increasing popularity of breastfeeding has focused attention on how the law facilitates or discourages the practice. One issue that has arisen involves breastfeeding mothers and jury duty, and whether a breastfeeding mother may receive an excuse or deferral from compulsory jury duty.
At the present time there is no federal legislation on the subject, although Congress has considered and adopted other legislation concerning certain breastfeeding issues.
By contrast, several states have enacted legislation to excuse or defer jury duty for breastfeeding mothers, either specifically or...
Hurricane Katrina: HIPAA Privacy and Electronic Health Records of Evacuees
Shortly after Hurricane Katrina, the federal government began a pilot test of KatrinaHealth.org, an online electronic health record (EHR) system that shared prescription drug information for hurricane evacuees with health care professionals. The website was available for a 90-day period. To allow health care providers in affected areas to care for patients without violating the Health Insurance Portability and Accountability Act (HIPAA), Health and Human Services (HHS) Secretary Leavitt waived certain provisions of the HIPAA Privacy Rule and issued guidance to clarify situations where the...
Welfare Reauthorization in the 109th Congress: An Overview
Enactment of the Deficit Reduction Act (DRA) of 2005 (P.L. 109-171, S. 1932) on February 8, 2006 concluded a four-year saga of legislative attempts to reauthorize Temporary Assistance for Needy Families (TANF) and related programs. The original 1996 TANF law authorized five years of funding, through September 2002. Between October 1, 2002 and the DRA’s passage, the program operated under a series of 12 “temporary extension” measures. Efforts to pass comprehensive free-standing welfare legislation during that period failed to reach fruition.
Instead, a scaled-back version of welfare...
In September 2005, the Employment Standards Administration (ESA) of the Department of Labor (DOL) issued a memorandum to all federal contracting agencies waiving for a three-month period written affirmative action program, reporting, and notice requirements with respect to federal contracts for Hurricane Katrina relief efforts. The ESA invoked a regulatory exemption to relieve contractors of the obligation “to develop the affirmative action program, prepare the reports, or provide the notices usually required” by DOL regulations under E.O. 11246, Section 503 of the Rehabilitation Act of...
The Temporary Assistance for Needy Families (TANF) block grant provides grants to states to help them fund a wide variety of benefits and services to low-income families with children. TANF is best known for funding cash welfare benefits for families with children, but the block grant may also fund other benefits and services such as emergency payments, child care, transportation assistance, and other social services. Welfare programs are not usually associated with responses to natural disasters. However, the scope of Hurricane Katrina’s displacement of families, the strain placed on...
Animal Identification and Meat Traceability
Many animal producers support establishment of a nationwide identification (ID) system capable of quickly tracking animals from birth to slaughter. While they believe such a system is needed to better deal with animal diseases or meet foreign market specifications, some consumer groups and others believe it also would be useful for food safety or retail informational purposes—and that the program should be able to trace meat products through processing and consumption.
However, despite years of effort on at least an animal ID program for disease purposes, many contentious issues remain...
Europe: Rising Economic Nationalism?
Several members of the European Union (EU) over the past two years have been erecting barriers to cross-border mergers and acquisitions, possibly in violation of their Single Market commitments. The main focus of these anti-competitive actions, often dubbed economic nationalism or economic patriotism by the press, is on corporate control, particularly in the banking, steel, and energy sectors. Unlike in the 1980s, when the main opposition to creation of the Single Market for goods, capital, labor, and services came from companies resistant to being exposed to more international...
Unauthorized Alien Students: Legislation in the 107th and 108th Congresses
Unauthorized alien students constitute a subpopulation of the total U.S. unauthorized alien population that is of particular congressional interest. These students receive free public primary and secondary education, but often find it difficult to attend college for financial reasons. A provision enacted as part of a 1996 immigration law prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens. This prohibition is commonly understood to apply to the granting...
Federal Extraterritorial Criminal Jurisdiction: Legislation in the 109th Congress
Crime is usually territorial. It is ordinarily a matter of the law of the place where it occurs. Nevertheless, a surprising number of American criminal laws apply outside of the United States. Application is generally a question of legislative intent, expressed or implied.
Three statutes enacted in the 109th Congress have sections that enjoy extraterritorial application. The USA PATRIOT Improvement and Reauthorization Act, P.L. 109-177, includes a handful of crimes that feature explicit extraterritorial jurisdiction. The Trafficking Victims Protection Reauthorization Act, P.L. 109-164,...
Copyright Protection of Digital Audio Radio Broadcasts: The “Audio Flag”
Protecting audio content broadcasted by digital and satellite radios from unauthorized dissemination and reproduction is a priority for producers and owners of those copyrighted works. One technological measure that has been discussed is the Audio Protection Flag (APF or “audio flag”). The audio flag is a special signal that would be imbedded into digital audio radio transmissions, permitting only authorized devices to play back copyrighted audio transmissions or allowing only limited copying and retention of the content. Several bills introduced in the 109th Congress would have granted...
Data Security: Federal and State Laws
Security breaches involving electronic personal data have come to light largely as a result of the California Security Breach Notification Act, a California law that went into effect in 2003. In response to frequently occurring breaches of personal data, many states passed laws that would require companies to notify persons affected by such security breaches. By December 2006, 34 states had enacted data security laws. Numerous data breach notice and data security bills were considered in the 109th Congress, but not passed. This report provides a brief discussion of federal and state data...
Copyright Protection of Digital Television: The Broadcast Video Flag
In November 2003, the Federal Communications Commission (FCC) adopted a rule that required all digital devices capable of receiving digital television (DTV) broadcasts over the air, and sold after July 1, 2005, to incorporate technology that would recognize and abide by the broadcast video flag, a content-protection signal that broadcasters may choose to embed into a digital broadcast transmission as a way to prevent unauthorized redistribution of DTV content. However, in October 2004, the American Library Association and eight organizations representing a large number of libraries and...
On February 21, 2006, the Supreme Court issued an opinion in Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal (UDV), a case addressing the use of an hallucinogenic tea in the context of religious ceremonies conducted by a religious sect in New Mexico. In its decision, the Court determined that under the Religious Freedom Restoration Act (RFRA), the federal government could not prohibit the sect’s use of the tea absent a compelling government interest in doing so, and that the federal government had failed to establish a compelling interest. This report provides an overview of...
Protection of National Security Information
Recent cases involving alleged disclosures of classified information to the news media or others who are not entitled to receive it have renewed Congress’s interest with regard to the possible need for legislation to provide for criminal punishment for the “leaks” of classified information. The Espionage Act of 1917 and other statutes and regulations provide a web of authorities for the protection of various types of sensitive information, but some have expressed concern that gaps in these laws may make prosecution of some disclosures impossible. The 106th Congress passed a measure to...
Under federal law, elder abuse is defined as the abuse, neglect, and exploitation of an older individual. All 50 states and the District of Columbia have enacted some form of elder abuse prevention law and have state agencies, such as Adult Protective Services (APS), to help achieve compliance with those laws. Specific provisions vary considerably from one jurisdiction to another, but all states have set up reporting systems. This report summarizes the various approaches used pertaining to elder abuse, including mandatory reporting laws and legal remedies available to victims of elder abuse.
Senate Organization in the 107th Congress: Agreements Reached in a Closely Divided Senate
The 2000 elections resulted in a Senate composed of 50 Republicans and 50 Democrats. Not since the Senate of 1881 (37 Republicans, 37 Democrats, and two Independents) had the two major parties been equally represented. An historic powersharing agreement, worked out by the party floor leaders in consultation with their party colleagues, was presented to the Senate (S.Res. 8) on January 5, 2001 and agreed to the same day. The agreement was clarified by a leadership colloquy on January 8, 2001.
In May of 2001, Senator James Jeffords of Vermont decided to leave the Republican party, to become...
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 1998-2005
This report provides background data on United States arms sales agreements with and deliveries to its major purchasers during calendar years 1998-2005. In a series of data tables, it lists the total dollar values of U.S. arms sales agreements with its top five purchasers in five specific regions of the world for three specific periods: 1998-2001, 2002-2005, and 2005 alone, and the total dollar values of U.S. arms deliveries to its top five purchasers in those same regions for the periods 1998-2001, 2002-2005, and for 2005 alone. In addition, the report provides data tables listing the...
The Energy Information Administration (EIA) in its Short Term Energy and Winter Fuels Outlook (STEWFO) provided good news for residential natural gas consumers. EIA projected that natural gas winter home heating costs might decline by as much as 13% from last year’s record-setting levels, even though consumption is expected to increase this winter. The STEWFO sees prices for natural gas lower than last year as a result of weak market fundamentals.
Analyses of natural gas market demand and supply conditions seem to be consistent with the EIA STEWFO. Aggregate consumption of natural gas over...
House Committee Markups: Commonly Used Motions and Requests
House committee markups generally are held to consider legislation. During a markup, committees follow House rules and their individual committee rules to ensure proper parliamentary procedure. This report identifies motions commonly used and requests frequently heard during a markup. It is not intended to be an exhaustive list. This report will be updated if rules or procedures change.
Obtaining a Record Vote on the House Floor
The House of Representatives uses two kinds of votes in which the names and positions of individual Members are recorded: (1) the recorded vote, used chiefly in Committee of the Whole, though also in order in the House, and (2) the yea and nay vote, in order only in the House proper. Both kinds together are referred to as record votes or, more informally, as “roll call votes,” and both are normally taken by electronic device. This fact sheet illustrates forms commonly used for obtaining each kind of vote.
Committee of the Whole: Stages of Action on Measures
The House gives initial floor consideration to most major legislation in Committee of the Whole, a parliamentary device that is technically a committee of the House to which all Members belong. This report describes seven chief stages that occur in considering a measure under this procedure: resolving into committee, general debate, amendment under the five-minute rule, reporting to the House, House vote on amendments, motion to recommit, and final passage. For more information on legislative process, see http://www.crs.gov/¿products/¿guides/¿guidehome.shtml.
Senate Leadership Structure: Overview of Party Organization
Each Congress, Senators meet to organize the chamber and select their party leaders. In addition to the majority and minority leaders and party whips are numerous entities created by the party to assist with the work of the party.
Senate Leadership: Whip Organization
The whip system performs two primary functions: to take responsibility for the mobilization of party Members for key votes and to serve as a conduit for information between party leaders and party Members.
The Supreme Court granted certiorari in Winkelman v. Parma City School District (05-983) to determine whether, and if so, under what circumstances non-attorney parents of a child with a disability may bring suit without using an attorney under the Individuals with Disabilities Education Act. The circuit courts are split in their determinations of this issue with some circuits finding that non-attorney parents may not proceed pro se, another circuit holding that non-attorney parents have no limitations on their ability to proceed, and other courts of appeals holding that parents can proceed...
Historical Effective Marginal Tax Rates on Capital Income
Effective marginal tax rates on investment are forward-looking estimates that project over the lifetime of an investment what share of the return will effectively be paid in taxes. These rates can differ significantly from average tax rates measured by dividing tax liability by income, because they are affected by timing. Effective tax rates fell from the early 1950s through the mid-1960s, rose until the early 1980s, and then dropped. They have stayed about the same until relatively recently, when they fell to an all-time low with bonus depreciation, relief of double tax on dividends, and...
Sanchez-Llamas v. Oregon: Recent Developments Concerning the Vienna Convention on Consular Relations
The Vienna Convention on Consular Relations (VCCR) is a multilateral agreement codifying consular practices originally governed by customary practice and bilateral agreements between States. Pursuant to Article 36 of the VCCR, when a foreign national of a signatory State is arrested or otherwise detained, appropriate authorities within the receiving signatory State must inform him “without delay” of his right to have his consulate notified. Nevertheless, foreign nationals detained by U.S. state and local authorities are not always provided with requisite consular information.
Until March...
Committee Assignment Process in the U.S. Senate: Democratic and Republican Party Procedures
Because of the importance of committee work, Senators consider desirable committee assignments a priority. The key to securing favorable committee slots is often said to be targeting committee seats that match the legislator’s skills, expertise, and policy concerns.
After general elections are over, one of the first orders of business for Senate leaders is setting the sizes and ratios of committees. Although the size of each standing committee is set in Senate rules, changes in these sizes often result from inter-party negotiations before each new Congress. Senate party leaders also...
Electronic Banking: The Post-Check 21 Payments System
The Check Clearing for the 21st Century Act (Check 21) was enacted in 2003 to encourage replacing paper check clearing with electronic check clearing because of the cost savings and efficiencies electronic clearing offers. Coincidentally, in the 2001-2003 period, consumers’ increased use of electronic payment methods—such as credit, debit cards, and automated clearinghouse (ACH) payments—exceeded the number of paper check payments for the first time in U.S. history. Consumers’ growing use of cards and other fully electronic payment methods appears to be diminishing growth of Check 21 use...
Age Dependency Ratios and Social Security Solvency
The aging of the population of the United States, hastened by the impending retirement of the huge baby-boom generation, has caused some policy-makers to question whether the U.S. Social Security system can meet the demands for retirement benefits in the future. The financial health of the system, which is largely financed through payroll taxes paid by current workers in a pay-as-you-go manner, is sensitive to the ratio of dependents to workers—sometimes called the age dependency ratio or support ratio.
Trends and projections of dependency ratios, including the relationship between both...
The 2005 Defense Base Closure and Realignment Commission (commonly referred to as the BRAC Commission) submitted to the President its report on domestic military base closures and realignments on September 8, 2005. The President approved the list and forwarded it to Congress on September 15. This report summarizes some of the report’s highlights and examines in detail the Commission’s proposed legislation for the conduct of a potential future BRAC round. It will not be updated.
The Distinction Between Monopoly and Monopolization in Antitrust Law
Antitrust law does not mandate either that markets be competitive, or that they contain some predetermined number of participants/competitors; it is concerned, rather, with the operation of markets, on the assumption that a properly functioning market (i.e., one in which there is an opportunity for viable competition, and is not skewed by the predatory actions of participants), will best protect consumers. “Monopoly” and “monopolist” are, therefore, merely descriptive terms, used to illustrate situations in which a single entity (or group of entities) possesses effective control of the...
Visibility, Regional Haze, and the Clean Air Act: Status of Implementation
Section 169A of the Clean Air Act (CAA) sets “as a national goal the prevention of any future, and the remedying of any existing, impairment to visibility” in designated “class I areas” (e.g., national parks and wilderness areas). It requires 26 categories of major stationary sources of pollution—including electric generating units (EGUs)—in existence on the date of enactment (1977), but not more than 15 years old as of that date, to install “best available retrofit technology” (BART) if the state determines the source may reasonably be anticipated to cause or contribute to any impairment...
Monopoly and Monopolization—Fundamental but Separate Concepts in U.S. Antitrust Law
Antitrust doctrine holds that viable competition will best protect consumers; it is concerned with the viability of individual competitors only insofar as their fates affect marketplace competitiveness. Moreover, the Rule of Reason generally modified “competition” with “reasonable.” [Note: Standard Oil Co. of New Jersey v. United States, 221 U.S. 1 (1911). Rule of Reason analysis balances (with the exception of the relatively few instances of per se violations of the antitrust laws (e.g., price fixing, boycotts)) the anticompetitive results of a transaction against any procompetitive...
Child Welfare: State Performance on Child and Family Services Reviews
While child welfare programs are a primary responsibility of state and local governments, the federal government appropriates close to $7 billion annually to support these programs (primarily for foster care and adoption assistance) and states are required to meet certain federal policies in order to receive this funding. Child and Family Services Reviews (CFSRs) gauge state efforts and ability to achieve the primary goals of safety and permanence for children, and well-being for children and their families. The review is intended both to measure state compliance with federal child welfare...
Brazil’s Agricultural Production and Exports: Selected Data
Brazil is a major world producer and exporter of agricultural products. In 2004, Brazil exported $30.9 billion worth of agricultural and food products, making it the world’s third-largest exporter of agricultural products after the United States and the European Union. Brazil’s major agricultural exports include soybeans, poultry, beef, pork, orange juice, and coffee.
Highlights of Brazil’s agricultural production and exports include:
Soybeans: In 2005, Brazil, the world’s second largest producer, became the world’s leading exporter, with 39% of global export market share. The United...
Protecting Famous, Distinctive Marks: The Trademark Dilution Revision Act of 2006
The Federal Trademark Dilution Act of 1995 (FTDA) amended section 43 of the Trademark Act of 1946 to provide a new federal cause of action for the dilution of famous, distinctive marks. “Trademark dilution” is statutorily defined in 15 U.S.C. § 1127 to mean “the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of ... (1) competition between the owner of the famous mark and other parties, or (2) likelihood of confusion, mistake, or deception.” Under the FTDA, the owner of a famous mark may seek an injunction...
Argentina: Political and Economic Conditions and U.S. Relations
Argentina’s restructuring of over $100 billion in defaulted bond debt in June 2005 demonstrated the country’s emergence from its 2001-2002 economic crisis that had caused severe stress on the political system. Current President Néstor Kirchner, elected in 2003, has made bold policy moves in the areas of human rights, institutional reform, and economic policy that have helped restore Argentines’ faith in democracy. The October 2005 legislative elections demonstrated strong support for President Kirchner, whose popularity at this juncture bodes well for his re-election if he chooses to run...
The Individuals with Disabilities Education Act (IDEA): Attorneys’ Fees Provisions in P.L. 108-446
The Individuals with Disabilities Education Act (IDEA) authorizes federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE and includes a provision for attorneys’ fees. Attorneys’ fees were among the most controversial provisions in the 2004 reauthorization of IDEA. This report analyzes the attorneys’ fees provisions in P.L. 108-446 and the final regulations. For a general...
Credit Rating Agency Reform Act of 2006
P.L. 109-291, the Credit Rating Agency Reform Act of 2006, was enacted to correct the perceived problems created by the absence of statutory regulation of credit rating agencies. Credit ratings have become an important component of the financial reputation of a rated company. However, especially since the bankruptcies of Enron and WorldCom, whose debt had been rated investment grade, there has been concern that perhaps credit rating agencies should be regulated. P.L. 109-291 requires a credit rating agency which wishes to be considered a “nationally recognized statistical rating...
Livestock Price Reporting: Background
Livestock Mandatory Price Reporting (LMPR) was first passed in 1999 to address some producers’ concerns about low livestock prices, industry concentration, and the availability of accurate market information. LMPR expired on September 30, 2005, and then operated on a voluntary basis, as the 109th Congress considered whether to reauthorize LMPR, for how long, and what if any changes should be made. In September 2006, the Senate cleared a bill (H.R. 3408) passed by the House one year earlier to extend LMPR for five years and to amend hog reporting provisions. It was signed into law (P.L....
The Emergency Food and Shelter Program
The Emergency Food and Shelter (EFS) Program allocates funds to local communities to fund homeless programs including soup kitchens, food banks, shelters, and homeless prevention services. The EFS program is part of the Federal Emergency Management Agency (FEMA), and after Hurricane Katrina struck, some questions arose about the use of EFS program funds for Presidentially-declared disasters. This report describes how the EFS program operates through its National Board, local boards, and local recipient organizations. It further discusses the use of EFS program funds during disasters, and...
The Private Testing of Mad Cow Disease: Legal Issues
The positive identification of bovine spongiform encephalopathy or BSE, commonly known as “mad cow disease,” in a Washington State cow in December of 2003 sparked a number of reactions from the federal government, the meat industry, and close to forty countries world-wide. The U.S. Department of Agriculture (USDA), for example, launched an extensive BSE sampling and surveillance program designed to test more high-risk cattle with the assistance of designated state and university diagnostic laboratories across the country. USDA implemented the new program in June of 2004, and uses...
D-Day: The French Jubilee of Liberty Medal
This report details the Jubilee of Liberty Medal awarded to U.S. veterans by the French government to commemorate the 50th anniversary of the invasion of Normandy by the Allied forces on June 6, 1994 (D-Day). These medals are no longer distributed by the French government. Included is information on how to obtain this medal from a commercial source and how U.S. veterans may obtain an official “Thank-You-America 1944-1945” certificate of participation from the French government. This report will be updated as needed.
Cybercrime: The Council of Europe Convention
Forty-three countries, including the United States, have signed the Council of Europe’s Convention on Cybercrime of November 2001. The U.S. Senate ratified the Convention on August 3, 2006. The Convention seeks to better combat cybercrime by harmonizing national laws, improving investigative abilities, and boosting international cooperation. Supporters argue that the Convention will enhance deterrence, while critics counter it will have little effect without participation by countries in which cybercriminals operate freely. Others warn it will endanger privacy and civil liberties. This...
Credit Rating Agencies: Current Federal Oversight and Congressional Concerns
Credit rating agencies rate the creditworthiness of public companies so that the public will have an objective opinion as to the risk of investment. These ratings have become an important component of the financial reputation of a rated company. However, especially since the bankruptcies of Enron and WorldCom, whose debt had been rated investment grade, there has been concern that perhaps credit rating agencies should be regulated. Section 702 of the Sarbanes-Oxley Act of 2002 required the Securities and Exchange Commission to study the role of credit rating agencies. Over the years, the...
In the 109th Congress, nearly identical bills have been introduced (S. 1155/H.R. 2470) that, if enacted, would establish a 12-member Commission on the Accountability and Review of Federal Agencies (CARFA). Subsequently, a modified version of the legislation was introduced (S. 3521, in Title IV, Subtitle B) that would establish a 15-member Commission on Congressional Budgetary Accountability and Review of Federal Agencies. In addition, a bill providing for one or more Federal Review Commissions was introduced (H.R. 5766) that contains provisions that are both similar to and different from...
An Overview of the Supreme Court’s Search and Seizure Decisions from the October 2005 Term
The Fourth Amendment to the United States Constitution provides that “[t]he right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Supreme Court has interpreted this language as imposing a presumptive warrant requirement on all searches and seizures predicated on governmental authority.
However, the Court has carved...
Federal Regional Authorities and Commissions: Their Function and Design
This report examines the legislative history and design structure of the nation’s four federally chartered regional commissions: the Appalachian Regional Commission (ARC), the Denali Commission (DC), the Delta Regional Authority (DRA), and the Northern Great Plains Regional Authority (NGPRA). For each of the four entities, this report includes a summary of the legislative history leading to its creation, its funding history, and a listing by state of political subdivisions included in its designated service areas. The report also identifies criteria a jurisdiction must meet in order to be...
S. 852: The Fairness in Asbestos Injury Resolution (FAIR) Act of 2005
This report provides an overview of S. 852, the Fairness in Asbestos Injury Resolution (FAIR) Act of 2005. The bill would largely remove asbestos claims from the courts in favor of the no-fault administrative process set out in the bill. The bill would establish the Office of Asbestos Disease Compensation to award damages to asbestos claimants from the Asbestos Injury Claims Resolution Fund. Companies that have previously been sued for asbestos-related injuries—and insurers of such companies—would be required to make contributions totaling roughly $140 billion to this Fund.
On May 15, 2006, the U.S. Supreme Court decided S.D. Warren Co. v. Maine Board of Environmental Protection, unanimously holding that states, through water quality certification under Section 401 of the Clean Water Act, can impose conditions on Federal Energy Regulatory Commission licensing (or relicensing) of hydropower facilities. The Court may have taken the case, involving a technical issue of statutory construction, to indulge its continuing interest in questions of federal-state allocation of authority under federal environmental statutes and elsewhere. States and environmental groups...
Native American Issues in the 109th Congress
Native American issues before Congress are numerous and diverse, covering such areas as federal recognition of tribes, trust land acquisition, gambling regulation, education, jails, economic development, welfare reform, homeland security, tribal jurisdiction, highway construction, taxation, and many more. This report focuses on four Native American issues currently of great salience before Congress: health care, energy, trust fund management reform, and Native Hawaiian recognition. This report will be updated as developments warrant.
Provisions in the Pension Protection Act Affecting Tax-Exempt Organizations
Title XII of the Pension Protection Act of 2006 (H.R. 4) contains a variety of provisions affecting tax-exempt organizations. They include charitable giving incentives for such things as conservation easements, food and book inventory, and charitable distributions from IRAs. The Title also contains provisions relating to oversight, such as tightening the rules for donations of facade easements. It also deals with some specific types of organizations, including credit counseling organizations, donor advised funds, and supporting organizations. President Bush signed the Act into law, P.L....
Cuba’s Future Political Scenarios and U.S. Policy Approaches
Cuba has remained a hard-line communist state under Fidel Castro for more than 47 years, but Fidel’s July 31, 2006 announcement that he was ceding political power to his brother Raúl for several weeks in order to recover from surgery could be the beginning of a political transition. Over the past few years, there has been increased speculation about Cuba’s future without Fidel, who turned 80 on August 13, 2006. While previous predictions about Fidel’s imminent demise proved premature, his recent surgery and advanced age make the date of his permanent departure from the political scene all...
In 1999, the “Falun Gong” movement gave rise to the largest and most protracted public demonstrations in China since the democracy movement of a decade earlier. The People’s Republic of China (PRC) government, fearful of a political challenge and the spread of social unrest, outlawed Falun Gong and carried out an intensive, comprehensive, and unforgiving campaign against the movement. Since 2003, Falun Gong has been largely suppressed or pushed deep underground in China while it has thrived in overseas Chinese communities and Hong Kong. The spiritual exercise group has become highly...
Legal Constraints Potentially Affecting Medication Recycling
In recent years, the rising costs of prescription drugs have motivated various policymakers to implement cost-saving measures. In some cases, states have pursued programs to collect and redistribute unused medications that would otherwise be discarded. However, the ability to implement these so-called drug recycling programs may be constrained by federal or state law or both. For example, medications classified as controlled substances are regulated by the Controlled Substances Act (CSA). Furthermore, drugs that require prescriptions, as many controlled substances do, are regulated by the...
TANF: A Guide to the New Definitions of What Counts as Work Participation
The Deficit Reduction Act of 2005 (DRA, P.L. 109-171) included changes to work participation standards under the Temporary Assistance for Needy Families (TANF) block grant that seek to increase the share of the cash welfare caseload engaged in work or job preparation activities. The law also required the Department of Health and Human Services (HHS) to issue regulations defining TANF work activities to ensure a consistent measurement of work activity across states. Highlights of the regulations (published June 29, 2006) include requiring all activities to be supervised (many on a daily...
Slamming: The Unauthorized Change of a Consumer’s Telephone Service Provider
Changing a consumer’s telephone service provider without his/her knowledge or consent is known as “slamming.” This unauthorized change can occur for several reasons ranging from computer or human error to unscrupulous or illegal marketing practices. Regardless of the reason, slamming has a negative impact on both consumers and suppliers of telecommunications services. Despite existing regulations to prevent such practices and the overall condemnation of such activities, slamming continues to be a consumer concern. According to data released by the Federal Communications Commission (FCC) in...
This report provides a chronology of selected events leading up to and following the discoveries of bovine spongiform encephalopathy (BSE, or "mad cow disease") in North America. These are primarily regulatory, legal, and congressional developments that are frequently referenced in the ongoing policy debate. The chronology generally does not contain entries for the introduction of the many BSE-related bills introduced into this or previous Congresses, except for those in recent years where committee or floor action has occurred. This report, which will be updated if...
European Trade Retaliation: The FSC-ETI Case
Foreign Sales Corporations (FSCs) are subsidiaries of U.S. companies that conduct export sales on the behalf of their parents and the ETI is a successor tax regime. The FSC law initially was found to be inconsistent with U.S. WTO obligations in early 2000. Following the ruling, Congress passed the replacement ETI tax provision, but this law was also found inconsistent with WTO obligations in 2002. Subsequently, the WTO authorized the EU to retaliate in the absence of U.S. compliance, and the EU began imposing escalating retaliatory duties (starting at 5%) on $4 billion of U.S. exports on...
State Investment Tax Credits, the Commerce Clause, and DaimlerChrysler v. Cuno
In 2005, the Sixth Circuit Court of Appeals held in Cuno v. DaimlerChrsyler that Ohio’s investment tax credit violated the Commerce Clause of the U.S. Constitution. The case received significant attention because most states have similar credits. In 2006, the Supreme Court held that the Cuno plaintiffs lacked standing to challenge the credit in federal court. Because the Supreme Court based its decision on the issue of standing, it did not address whether the credit violated the Commerce Clause. Introduced prior to the Supreme Court’s decision, the Economic Development Act of 2005 (H.R....
Sunset and Program Review Commission Bills in the 109th Congress: Comparing H.R. 3282 and H.R. 5766
The sunset concept provides for programs and agencies to terminate automatically on a predetermined schedule, following a systematic evaluation of past performance, unless explicitly renewed by law. In each Congress since the 105th, bills to create a federal sunset commission modeled on the sunset commission in Texas have been introduced by Representative Kevin Brady, including H.R. 3282 in the 109th Congress. President Bush supports creation of a federal sunset commission. In May 2006 the House leadership announced plans to bring sunset legislation quickly to the House floor, along...
In December 2005, an investigation by Seoul National University, South Korea, found that scientist Hwang Woo Suk had fabricated results on deriving patient-matched stem cells from cloned embryos—a major setback for the field. In May 2005 Hwang had announced a significant advance in creating human embryos using cloning methods and in isolating human stem cells from cloned embryos. These developments have contributed to the debate in the 109th Congress on the moral and ethical implications of human cloning. Scientists in other labs, including Harvard University and the University of...
Intelligence Reform at the Department of Energy: Policy Issues and Organizational Alternatives
Concerned by reported security and counterintelligence (CI) lapses at the Department of Energy (DOE), Congress in 1999 established a semi-autonomous agency -- the National Nuclear Security Administration (NNSA) -- to oversee DOE's national security-related programs. Within NNSA, Congress established the Office of Defense Nuclear Counterintelligence to implement NNSA's counterintelligence program. Although DOE's existing Office of Counterintelligence develops CI policy for both agencies, it implements policy only at non-NNSA facilities. Some studies have questioned the effectiveness of a...
Hudson v. Michigan: The Exclusionary Rule's Applicability to "Knock-and-Announce" Violations
Since the 1980s, the United States Supreme Court has issued a series of decisions narrowing the applicability of the exclusionary rule. As such, the exclusionary rule is inapplicable in civil cases, grand jury proceedings, and parole revocation hearings. Other exceptions to the exclusionary rule include inevitable or independent discovery, attenuation, and the good-faith exception. In Hudson v. Michigan , 126 S.Ct. 2159 (2006), the Court further narrowed the applicability of the exclusionary rule by finding that the rule was not an appropriate remedy when police officers fail to wait a...
Banning Fissile Material Production for Nuclear Weapons: Prospects for a Treaty (FMCT)
On May 18, 2006, the United States proposed a draft Fissile Material Cutoff Treaty (FMCT) at the Conference on Disarmament (CD) in Geneva. The U.S. draft treaty, would enter into force with only the five established nuclear weapon states. It would ban new production of plutonium and highly enriched uranium for use in nuclear weapons for 15 years; could be extended only by consensus of the parties; would allow high-enriched uranium production for naval fuel; and contains no provisions for verification other than national technical means. The next step is for the CD to adopt a negotiating...
Peru: 2006 Elections and Issues for Congress
Former President Alan Garcia continued his political comeback by being elected President on June 4, 2006, defeating populist Ollanta Humala. Not only the winning candidate will have an impact on U.S. relations with Peru: lacking a majority in the newly-elected Congress, Garcia will have to negotiate with the other parties to pass his program. Garcia generally favors free market policies. Humala campaigned on an anti-globalization platform; his alliance won the largest bloc in the legislature but is splintering before the legislators are even sworn in. Municipal and regional elections will...
Satellite Digital Audio Radio Services and Copyright Law Issues
Satellite radio services such as XM and SIRIUS provide high-quality digital audio programming to millions of subscribers who pay a monthly fee to enjoy listening to a wider variety of entertainment and news than traditional terrestrial (AM and FM) radio stations offer, including many genres of music, sports broadcasts, and talk radio. However, partly because of the digital nature of satellite radio broadcasts, when satellite radio providers transmit copyrighted content to their customers, several legal issues potentially arise that may not be present in terrestrial radio...
Peacekeeping and Related Stability Operations: Proposals for Army Force Structure Changes
The U.S. Army is in the midst of an extensive overhaul of the organization of its forces. Although designed to make the Army more efficient in combat operations, the change to a "modular force" and the reallocation of functions between active and reserve forces also meet some of the criteria that have long been argued as necessary to enable the Army to better perform peacekeeping and related post-conflict operations, now generally referred to as stabilization or stability operations. Over the years, a number of different proposals have been advanced, some of which involve...
The annual U.S.-EU Summit, attended by President Bush and Secretary of State Rice, was held on June 21, 2006, in Vienna, Austria. The Summit highlighted the continued improvement in transatlantic relations by reporting on examples of how the partnership has continued to work since the debate over Iraq policy. Foreign policy and economic issues dominated the discussions. Two new agreements were signed regarding the Enforcement of Intellectual Property Rights against piracy and counterfeiting and a Higher Education and Vocational Training program. An expansion of existing cooperation on...
Civil RICO and Standing: Anza v. Ideal Steel Supply Corporation
The federal Racketeer Influenced and Corrupt Organization (RICO) provision creates a civil cause of action for any person or entity injured in their business or property by reason of a RICO violation. In Anza v. Ideal Steel Supply Corporatio n, the Supreme Court relied on Holmes v. Securities Investor Protection Corporation and held that to establish standing under this civil RICO provision, a plaintiff must demonstrate that he or she was the direct victim of the defendant's RICO violation, e.g., a business may not sue a competitor that may have gained a competitive advantage by...
The Technology, Education, and Copyright Harmonization Act of 2002 (TEACH Act) updated 17 U.S.C. Section 110(2), the first distance education exemption under copyright law, to permit accredited nonprofit institutions to transmit copyrighted works during distance education programs without having to obtain the prior permission of the copyright holder, under certain limited conditions and in accordance with specified statutory procedures. This report provides a summary and analysis of the provisions of the TEACH Act, including an explanation of the types of works exempted for distance...
Territorial Delegates to the U.S. Congress: Current Issues and Historical Background
Territorial Delegates have served in the House since the late 1700s, representing territories that had not yet achieved statehood. In the 20th Century, the concept of Delegate grew to include representation of territories where the United States exercises some degree of control but which were not expected to become states. Currently, the U.S. insular areas of American Samoa, Guam, the Virgin Islands, and the federal municipality of the District of Columbia are each represented in Congress by a Delegate to the House of Representatives. The individual elected to represent Puerto Rico is...
Class Action Fairness Act of 2005: Early Judicial Interpretations
On February 18, 2005, President Bush signed into law the Class Action Fairness Act (CAFA), P.L. 109-2 , amending Title 28 of the U.S. Code. The Act extends the reach of federal diversity jurisdiction over state law class actions. Congress wanted to correct a provision in federal jurisdiction law that prevented many class actions that were national in scope from being litigated in federal courts by making it more difficult for plaintiffs' counsel to defeat diversity jurisdiction. Second, CAFA imposes new requirements on the settlement of class actions. CAFA applies to class actions...
The Individuals with Disabilities Education Act (IDEA) provides federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). It also contains detailed due process procedures, including a provision for attorneys' fees. The Supreme Court has examined various issues under IDEA, (1) and in Arlington Central School District v. Murphy held, in a decision authored by Justice Alito, that parents who prevail in a suit against a school district may not recover expert witness...
Serbia and Montenegro: Background and U.S. Policy
Serbian strongman Slobodan Milosevic's long reign came to an end in October 2000, when he was deposed from power by a popular revolt after he refused to concede defeat in an election for the post of President of the Federal Republic of Yugoslavia (FRY) won by his opponent, Vojislav Kostunica. The new government suffered a great blow in March 2003, when Serbian Prime Minister Zoran Djindjic was murdered by organized crime figures linked to the Serbian security apparatus. Organized crime, extremists within the Serbian military and security apparatus, and the links between them continue to...
Public Health Service Act Provisions Providing Immunity from Medical Malpractice Liability
A 1992 and a 1996 amendment to the Public Health Service Act provide that certain entities and health care practitioners shall be deemed federal employees for purposes of medical malpractice liability. This means that they are immune from such liability, but that the United States may be liable under the Federal Tort Claims Act for their medical malpractice. The 1996 amendment took effect only on September 24, 2004.
A savings association is permitted by statute to convert from the mutual to the stock form of ownership. Regulations issued by the Director of the Office of Thrift Supervision provide the procedures by which a conversion may occur. This report summarizes major portions of these regulations. This report will be updated as warranted.
Law Enforcement Officers Safety Act of 2004
The Law Enforcement Officers Safety Act of 2004 ( H.R. 218 ) was signed into law on July 22, 2004 ( P.L. 108-277 ). The act amends the federal criminal code in order to authorize a qualified law enforcement officer, carrying photographic governmental agency identification, to carry a concealed firearm, notwithstanding any state or local law. This report summarizes the act's provisions dealing with the carrying of concealed weapons by qualified law enforcement officers.
Broadband Internet Regulation and Access: Background and Issues
This report discusses broadband Internet, examining what it is and the various technologies that allow for its transmission. Broadband or high-speed Internet access is provided by technologies that give users the ability to send and receive data at volumes and speeds far greater than access over traditional telephone lines; it also provides a continuous, "always on" connection (no need to dial-up) and a "twoway" capability, that is, the ability to both receive (download) and transmit (upload) data at high speeds.
This report lists the independent counsels (called "special prosecutors" until 1983) appointed by the Special Division of the United States Court of Appeals upon application from the Attorney General of the United States, under the provisions of the law originally enacted in the Ethics in Government Act of 1978. The report specifies the dates of the appointments of the independent counsels and the dates of their final reports; sets out in summary fashion the areas or subjects of investigation by the independent counsels; highlights the results of those investigations; and provides the...
Payday Loans: Federal Regulatory Initiatives
A payday loan arrangement permits an individual to use a personal check to get a small, short-term, cash advance. The loans are typically for $100-$500. The borrower writes a postdated check for the loan amount and a fee. The lender holds the check until the borrower's next payday, usually two weeks. This source of short-term credit can be expensive. The fee charged on a 14-day payday loan is typically $15 to $17 per $100 advanced, amounts equivalent to an APR (annual percentage rate) of between 391% and 443%. A loan can become even more expensive if it is rolled over or extended. State...
Homeland Security: Defending U.S. Airspace
The September 11th attacks drew attention to U.S. air defense, and the 9/11 Commission Report recommended that Congress regularly assess the ability of Northern Command to defend the United States against military threats. Protecting U.S. airspace may require improvements in detecting aircraft and cruise missiles, making quick operational decisions, and intercepting them. A number of options exist in each of these areas. A variety of issues must be weighed including expediency, cost, and minimizing conflicts with civilian aviation. This report will be updated.
Military Suppression of Enemy Air Defenses (SEAD): Assessing Future Needs
Suppressing enemy air defenses (SEAD) has been a central element of projecting military air power for over 50 years. However, several developments suggest that this mission is of growing importance to the Department of Defense (DOD). Some say that the emergence of new technologies and air defenses will increasingly challenge U.S. SEAD efforts. Making budgetary judgments on SEAD programs and processes requires the assessment of complex factors. This report will be updated.
Air Force FB-22 Bomber Concept
The Air Force has expressed interest in developing a bomber variant of the F-22A Raptor to "bridge the gap" between today's bombers and a follow-on bomber in 2037. Questions exist regarding the FB-22's feasability, cost, and combat potential. This report will be updated as events warrant.
Air Force Aerial Refueling Methods: Flying Boom versus Hose-and-Drogue
Decisions on the composition of the Air Force aerial refueling fleet were made decades ago, when the primary mission was to refuel long-range strategic bombers. Modifications have been made to many of these tanker aircraft (KC-135s and KC-10s) to make them more effective in refueling fighter aircraft. This report, which will be updated, examines the balance between two different refueling methods in today's refueling fleet -- "flying boom" and "hose-and-drogue."
Criminal Charges in Corporate Scandals
Since the collapse of Enron Corp. in late 2001, there has been a series of scandals involving major U.S. corporations. Recurring elements in the scandals include improper or fraudulent accounting, self-enrichment by corporate officers, stock trading on inside information (insider trading), and the destruction or falsification of business records. A number of cases have resulted in criminal indictments, some followed by guilty pleas. This report tracks post-Enron criminal charges. Companies are listed alphabetically, and individuals who have been charged, indicted, or have pleaded guilty...
Serbia and Montenegro Union: Background and Pending Dissolution
On May 21, 2006, Montenegro held a long-awaited referendum on independence; 55.5% of the electorate voted in favor of independence, slightly over the 55% threshold established by the European Union (EU), and turnout exceeded 86%. Serbia and Montenegro were the last remnants of the former Yugoslavia to exist in a common state. They formed a new, highly decentralized state union under an agreement brokered by the EU in 2002-2003, which allowed for either republic to hold a referendum after three years. Serbia's political leaders supported continuation of the union but recognized the...
The estimated rate of air ambulance accidents has been steadily rising since the early 1990s, and has increased at a rapid rate since 1998 when the industry began to expand more rapidly and shift toward a model of more independent private air ambulance services that cover larger geographic areas. Statistics indicate that the large majority of air ambulance accidents are attributable to operational factors related to pilot situation awareness and decision making when faced with adverse environmental conditions such as darkness, deteriorating weather, rugged terrain, or some combination of...
Federal Lands, R.S. 2477, and "Disclaimers of Interest"
An 1866 statute known as R.S. 2477 granted rights of way for the construction of highways over unreserved public lands. On January 6, 2003, the Department of the Interior published broad new "disclaimer of interest" regulations under Section 315 of the Federal Land Policy and Management Act of 1976 and stated that disclaimers would be used to acknowledge R.S. 2477 rights of way. Congress has directed that no rules "pertaining to" recognition or validity of an R.S. 2477 rights of way can be effective unless authorized by Congress, and the use of disclaimers in the R.S. 2477 context may...
Stem Cell Research: State Initiatives
Embryonic stem cells have the ability to develop into virtually any cell in the body. Stem cells are used by scientists to study the growth and differentiation of individual cells into tissues. This work may provide insights into the causes of birth defects, genetic abnormalities, and other disease states, as well as potential treatments. The research is controversial, in the opinion of some, because the stem cells are located within the embryo and the process of removing them destroys the embryo. Some have argued that stem cell research should be limited to adult stem cells obtained from...
Availability of Injunctive Relief in Patent Cases: eBay, Inc. v. MercExchange, L.L.C.
The most significant legal right that patent law confers on the patent holder is "the right to exclude others" from making, using, offering for sale, or selling the patented invention throughout the United States, or importing the invention into the United States. Injunctive relief is the usual remedy that courts authorize to prevent violation of this patent right. However, as the recent BlackBerry patent litigation demonstrated, the desirability of an injunction in patent cases could be questioned in certain circumstances, such as when an injunction's disruptive effects on the public may...
Nasdaq’s Pursuit of Exchange Status and an Initial Public Offering
Traditionally, the Nasdaq stock market was a for-profit, but wholly-owned subsidiary of the nonprofit National Association of Securities Dealers, Inc. (NASD), the largest self-regulatory organization (SRO) for the securities industry. In 2000, in a strategic response to an increasingly competitive securities trading market, the NASD membership approved spinning off the for-profit NASD-owned Nasdaq and converting it into a for-profit shareholder-owned market that later planned to issue publicly traded stock. For Nasdaq, this process has involved three basic stages: (1) issuing privately...
Data Security: Protecting the Privacy of Phone Records
The privacy of cellular telephone records has become a high-priority item on the congressional agenda. According to recent press accounts, numerous websites advertise the sale of personal telephone records. In addition, recent media disclosures regarding an alleged National Security Agency (NSA) program designed to collect and analyze information on telephone calling patterns within the United States has raised interest in the means by which the government may collect phone records. For further information, see CRS Report RL33424 , Government Access to Phone Calling Activity and Related...
Medical Malpractice Bills: S. 22 and S. 23, 109th Congress
Medical malpractice suits are governed, for the most part, by state law. S. 22 , 109th Congress, the Medical Care Access Protection Act of 2006, or "MCAP Act," would impose federal standards on some aspects of medical malpractice suits, but it would leave other aspects to continue to be governed by state law. Unlike other pending medical malpractice bills, such as H.R. 5 and S. 354 , S. 22 would not apply to products liability suits (i.e., it would apply only to medical malpractice suits against health-care providers, not to suits against manufacturers or sellers of defective medical...
Criminalizing Unlawful Presence: Selected Issues
Several bills introduced in the 109th Congress would make the unauthorized presence of aliens in the U.S. a criminal offense, including H.R. 4437 , the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005, introduced by Representative James Sensenbrenner on December 6, 2005 and passed by the House as amended on December 16, 2005, and S. 2454 , the Securing America’s Borders Act, introduced by Senator Bill Frist on March 16, 2006. The version of Chairman Arlen Specter’s mark reported out of the Senate Judiciary Committee on March 27, 2006, ( S.Amdt. 3192 ) does...
Cleanup After Hurricane Katrina: Environmental Considerations
This report aims to provide an overview of the immediate and intermediate cleanup tasks across the diverse communities in the affected region, and federal legal authorities and plans for tackling them. The report also discusses coordinated roles and activities among local, state, and federal agencies and officials. Finally, the report serves to reference other, more detailed CRS reports and other sources on particular Katrina cleanup activities.
Federal Railroad Rights of Way
During the drive to settle the western portion of the United States, Congress sought to encourage the expansion of railroads, at first through generous grants of rights of way and lands to the great transcontinental railroads between 1862 and 1871, and later through the enactment of a general right of way statute. The 1875 General Railroad Right of Way Act permitted railroads to obtain a 200-foot federal right of way by running tracks across public lands. Some railroads also obtained rights of way by private purchase or through the exercise of state or federal powers of eminent domain....
Fugitive felons are not eligible to receive benefits from the Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or Old-Age and Survivors Insurance (OASI) programs administered by the Social Security Administration (SSA). For the purposes of these programs, fugitive felons are currently considered to be any persons with outstanding warrants for felony offenses. These prohibitions first went into effect in 1996 for the SSI program and in 2005 for the SSDI and OASI programs. This report includes an overview of the current laws, regulations, and internal SSA...
Tax Treatment of Short Term Residential Rentals: Reform Proposal
Generally, taxable income has included rental income from real property. However, an exclusion for de minimis (1) rental income (from the rental of a taxpayer's residence for a period of less than 15 days per year) was enacted by the Tax Reform Act of 1976, ( P.L. 94-455 ). Since that time, a number of tax reform proposals have called for inclusion of de minimis rental income as taxable income. The most recent proposal was contained in a report prepared by the Joint Committee on Taxation at the behest of Senators Grassley and Baucus. The proposal would cap the currently unlimited...
Antitrust Effect of Patent on Tying Product: Illinois Tool Works Inc. v. Independent Ink, Inc.
Antitrust law generally disfavors tying arrangements--those in which a vendor conditions the sale of a desired product on the purchase of another (possibly not-so-desired) product. Not only have tying arrangements been considered unlawful as violations of Section 1 of the Sherman Act (15 U.S.C. Section 1), they were determined to be per se (automatically) unlawful. It was assumed, until at least the late-1970s, first, that such arrangements were only possible because the seller possessed sufficient market power in the tying product to allow him to create the tie; and second, that they...
Enhancement-of-Survival Permits: Background and Status of Proposed Policy
On August 18, 2003, the Fish and Wildlife Service released a proposed policy that provides guidance on the issuance of enhancement-of-survival permits authorized by the Endangered Species Act. (1) The aim of this policy is to broaden consideration of issuing permits for the harvesting and import of foreign endangered species, as an incentive to encourage conservation of the endangered species in the wild. This policy has generated controversy. Some contend that the take of endangered species in foreign countries cannot be controlled and may lead to the reduction of many endangered...
Child Welfare: The Court Improvement Program
The Court Improvement Program (CIP) was enacted in 1993 (P.L. 103-66) to provide funds to eligible state highest courts to assess and make improvements to their handling of child welfare proceedings. Funding for the CIP was provided via a statutory set-aside from funding provided to state child welfare agencies for family preservation and family support services to children and families (Title IV-B, Subpart 2 of the Social Security Act). That set-aside, which totals $12.9 million for FY2006, will expire with FY2006. The Deficit Reduction Act of 2005 (P.L. 109-171) requires and encourages...
Oil and Gas Disruption From Hurricanes Katrina and Rita
Hurricanes Katrina and Rita shut down oil and gas production from the Outer Continental Shelf in the Gulf of Mexico, the source for 25% of U.S. crude oil production and 20% of natural gas output. Katrina, which made landfall on August 29, resulted in the shutdown of most crude oil and natural gas production in the Gulf of Mexico, as well as a great deal of refining capacity in Louisiana and Alabama, 554,000 barrels per day of which was still closed as of late October, 2005. Offshore oil and gas production was resuming when Hurricane Rita made landfall on September 24, and an additional 4.8...
Internet Gambling: A Sketch of Legislative Proposals in the 108th and 109th Congresses
In the 109th Congress, two bills have been introduced regarding Internet gambling: H.R. 4411 , the Unlawful Internet Gambling Enforcement Act of 2005 (Representative Leach), and H.R. 4777 , the Internet Gambling Prohibition Act (Representative Goodlatte). H.R. 4411, which was approved by voice vote by the House Committee on Financial Services on March 15, 2006, seems to most closely track provisions set forth in two similar bills from the 108th Congress ( H.R. 21 and S. 627 ), as it contains both regulatory controls, criminal penalties, and civil remedies. H.R. 4411, however, moves...
Federal Excise Tax on Tires: Where the Rubber Meets the Road
The excise tax on tires was first levied in 1918 mainly because of revenue needs brought about by World War I. The tax was reduced after the war and then repealed in 1926. The levy was reintroduced during the Great Depression at a time when federal individual income tax revenues were plummeting and was increased to help finance World War II. A general reduction in rates was in the offing just before the outbreak of the Korean conflict but revenue needs brought about by that war prevented the lowering of rates. More recent history shows that in 1956 the rate of the tax was raised in...
Permanent Normal Trade Relations (PNTR) Status for Ukraine and U.S.-Ukrainian Economic Ties
The 109th Congress passed legislation to grant Ukraine permanent normal trade relations (PNTR), that is nondiscriminatory, trade status. The importance of the issue had been elevated since the "Orange Revolution" in Ukraine that led to the election of Viktor Yushchenko as President of Ukraine. The issue before Congress was whether to remove the requirements of Title IV of the Trade Act of 1974, including the so-called Jackson-Vanik amendment, and authorize the President to extend unconditional nondiscriminatory treatment to trade with Ukraine. On March 8, 2006, the House passed (417-2) ...
State Securities Class Action Suits: Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit
The Second Circuit held that in certain instances the federal Securities Litigation Uniform Standards Act of 1998 (SLUSA) does not preempt securities state class action suits. Four months after the Second Circuit decision, the Seventh Circuit took a very different approach to the issue. On March 21, 2006, the Supreme Court unanimously (Justice Alito took no part in consideration of the case.) vacated the judgment of the Second Circuit and held that the background, text, and purpose of SLUSA's pre-emption provision indicate that SLUSA pre-empts state law holder class action claims of the...
Military Awards: Sources of Information
This report is intended for congressional use. It identifies sources of information on military awards and decorations, including the Department of Defense, other government agencies, and private organizations. It provides addresses, telephone numbers, and Web addresses. This report will be updated as needed.
Methamphetamine Lab Clean-Up and Remediation Issues
Methamphetamine (meth), a drug with limited medical use and high potential for abuse and addiction, is a subject of widespread concern. Once associated mainly with the West Coast and white, male, blue-collar workers, illicit meth is now used by diverse population groups nationwide, with concentrations in the West, Southwest, and Midwest. Meth is supplied primarily by clandestine labs in California and Mexico. The drug is relatively simple to make from easily obtained recipes, but access to certain ingredients has become more difficult. Meth production in small, toxic labs (STLs) increased...
Coverage of the TANF Population Under Medicaid and SCHIP
Health insurance is an important support for individuals receiving, leaving or diverted from the Temporary Assistance for Needy Families (TANF) welfare or cash assistance program for low-income families. Medicaid and SCHIP (State Children's Health Insurance Program) are key vehicles for providing such coverage. While there is no formal link between TANF and either Medicaid or SCHIP, some TANF-eligibles, especially children, are likely to qualify for one of these programs. But state eligibility rules can be complex and often differ for parents versus children, leaving some parents, in...
Arrest and Detention of Material Witnesses: A Sketch
The federal material witness statute provides that, “If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding [including a grand jury proceeding], and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions of section 3142 of this title [relating to bail]. No material witness may be detained because of inability to comply with any condition of release if the testimony of such...
Agriculture and FY2006 Budget Reconciliation
The Deficit Reduction Act of 2005 ( P.L. 109-171 , S. 1932 ), which was signed into law on February 8, 2006, contains net spending reductions of $2.7 billion over five years for USDA mandatory programs. Included in the total is a $1.7 billion reduction in farm commodity support program spending, a $934 million reduction in conservation spending, a $620 million reduction in a mandatory research program, and a $419 million cut in rural development programs, as scored by CBO over a five-year period (FY2006-FY2010). The measure also includes a two-year extension of a dairy income support...
Temporary Assistance for Needy Families (TANF) Block Grant: FY2007 Budget Proposals
The Deficit Reduction Act of 2005 (DRA, P.L. 109-171 ) extended funding for the Temporary Assistance for Needy Families (TANF) block grant through Fiscal Year (FY) 2010. It also made some changes in TANF work requirements and enacted new funding for healthy marriage promotion and responsible fatherhood initiatives. Though DRA "reauthorized" TANF and ended a four-year debate on proposed policy changes to the block grant, President Bush's FY2007 budget revives certain proposals from its earlier TANF reauthorization proposals. The FY2007 budget proposal would add additional funding for the...
"Superwaiver" Proposals in the Welfare Reform Debate
Welfare discussions in the current and past two Congresses have included consideration of an Administration-proposed "superwaiver" that would enable states and localities to waive rules of various welfare-related programs. Formally called Program Coordination Demonstration Projects, these waivers were included in the 109th Congress in long-term welfare reauthorization bills approved by a House Ways and Means subcommittee and the House Education and the Workforce Committee ( H.R. 240 ), the Senate Finance Committee ( S. 667 ), and in the House version of budget reconciliation ( H.R. 4241 )....
Federal Program Performance Review: Program Assessment and Results Act and Other Developments
On January 4, 2005, H.R. 185 , the Program Assessment and Results Act (PARA), was introduced, to require the Office of Management and Budget (OMB) to review government programs at least once every five years for purposes of evaluating their performance. The bill would amend the Government Performance and Results Act of 1993 ( P.L. 103-62 , known as GPRA), to create a statutory process resembling the Program Assessment Rating Tool (PART), first used by OMB during preparation of the FY2004 budget. H.R. 185 would not, however, mandate the use of PART specifically. On March 10, 2005, the...
Civil Charges in Corporate Scandals
Since the collapse of Enron Corp. in late 2001, there has been a series of scandals involving major U.S. corporations. This report lists civil suits filed by federal regulatory agencies charging individuals and corporations with violations related to these scandals. The list is limited to corporations and their officers or employees that fit within the Enron pattern. That is, these are cases that allege one or more of the following: irregular accounting and auditing, management self-dealing, conflicts of interest between firms and financial advisors (or Wall Street firms and their...
U.S. Intelligence and Policymaking: The Iraq Experience
A continuing issue for Congress is the question of whether the U.S. Intelligence Community failed to provide accurate information about Iraqi capabilities to develop and use weapons of mass destruction (WMD) and whether the Bush Administration systematically misused intelligence to garner support for launching Operation Iraqi Freedom in March 2003 and for continuing military operations in Iraq. The Senate Intelligence Committee submitted a report on the Intelligence Community's performance in July 2004 ( S.Rept. 108-301 ), but a follow-on assessment of the use of intelligence has not been...
Income Tax Relief in Times of Disaster
Income tax relief in times of disaster is varied, but typically includes several key provisions in the federal tax code. These provisions include a deduction for casualty losses, the postponement of filing deadlines, and the abatement of interest and/or fees. Generally, individuals and businesses can claim an income tax deduction for casualty losses. When the casualty losses occur in a presidentially declared disaster area special tax provisions come into play. For example, taxpayers can shorten the amount of time it takes to receive an income tax refund by filing an amended tax return...
Morocco-U.S. Free Trade Agreement
The United States and Morocco reached agreement on March 2, 2004 to create a free trade agreement (FTA). The Senate approved implementing legislation (S. 2677) on July 2, 2004 by a vote of 85-13 and the House approved identical legislation (H.R. 4842) on July 22, 2004 by a vote of 323-99. The next day, the Senate passed House approved H.R. 4842 without amendment by unanimous consent. The legislation was signed by President Bush into law (P.L. 108-302) on August 3, 2004. The agreement entered into force on January 1, 2006, a year later than planned due to the need for Morocco’s Parliament...
Spectrum Auctions and Deficit Reduction: FY2006 Budget Reconciliation
Congressional policymakers are seeking a way to accelerate the nation’s transition to digital television (DTV) and to expedite the transfer of certain radio frequency channels from the broadcast industry to public safety and commercial users no later than 2009. The Congressional Budget Office has informally estimated a value of $12.5 billion from auction proceeds for these commercial channels; many believe the amount could be higher. Broadcasters are holding this valuable spectrum (channels 52-69) but would be required to relinquish it after the transition to DTV is achieved. Without a...
Prevailing Wage Requirements and the Emergency Suspension of the Davis-Bacon Act
On September 8, 2005, President Bush issued a Proclamation suspending the application of the Davis-Bacon Act to all contracts to be performed in specified jurisdictions in Alabama, Florida, Louisiana, and Mississippi included in the Hurricane Katrina disaster area. The Proclamation permitted the payment of less than the locally prevailing wage on contracts entered into after September 8, 2005 for the construction or repair of public buildings and public works in the affected area. Although concern over the validity and effect of the Proclamation arose soon after its issuance, that concern...
Historic Preservation: Federal Laws and Regulations Related to Hurricane Recovery and Reconstruction
Various federal laws and related regulations provide guidance for the preservation of historic properties, objects, historic areas, and battlefields. While many of these laws and regulations impose specific responsibilities for the preservation and maintenance of historic properties and objects, there are often exceptions to these obligations. These exceptions may be implemented in order to deal with emergency and/or natural disaster situations. In the aftermath of Hurricanes Katrina and Rita and the destruction experienced in the Gulf Region, these preservation laws and their exceptions...
The Digital TV Transition: A Brief Overview
During the first session of the 109th Congress, policymakers sought to accelerate the nation’s transition to digital television and to expedite the transfer of radio frequency channels from the broadcast industry to public safety and commercial users no later than 2009. Broadcasters are holding spectrum in the 700 megahertz (MHZ) band (channels 52-69) that they would be required to relinquish after the transition to digital television (DTV) is achieved. Without a hard deadline, the transition to digital television has been postponed. Meanwhile, public safety officials want 700 MHZ spectrum...
The Gulf Opportunity Zone Act of 2005
The Gulf Opportunity Zone Act of 2005 (H.R. 4440) was signed into law on December 22, 2005 (P.L. 109-135). The act provides tax benefits to assist in the recovery from Hurricanes Katrina, Rita, and Wilma. Some of its provisions expand several sections of the Katrina Emergency Tax Relief Act (KETRA, P.L. 109-73) to apply to victims of Hurricanes Rita and Wilma. This report summarizes the act’s provisions dealing with hurricane relief.
For more information on P.L. 109-73, see CRS Report RS22269, Katrina Emergency Tax Relief Act of 2005, by Erika K. Lunder.
Child Support Provisions in the Deficit Reduction Act of 2005 (P.L. 109-171)
Among other things, P.L. 109-171 (the budget reconciliation measure, now referred to as the Deficit Reduction Act of 2005 -- S. 1932 ) made a number of changes to the Child Support Enforcement (CSE) program. The act will reduce the federal matching rate for laboratory costs associated with paternity establishment from 90% to 66%, end the federal matching of state expenditures of federal CSE incentive payments reinvested back into the program, and require states to assess a $25 annual user fee for child support services provided to families with no connection to the welfare system. P.L....
Student Loans and FY2006 Budget Reconciliation
The FY2006 budget resolution ( H.Con.Res. 95 , H.Rept. 109-62 ) contains reconciliation instructions that require authorizing committees to report legislation to reduce mandatory spending by $34.7 billion over a five-year period. Under these instructions, the House Committee on Education and the Workforce is responsible for a reduction of $12.7 billion for FY2006 through FY2010. The Senate Committee on Health, Education, Labor, and Pensions is responsible for a reduction of $13.7 billion over that period. These committees were required to report reconciliation recommendations to their...
On August 5, 2004, the United States signed the U.S.- Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) with five Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua) and the Dominican Republic. DR-CAFTA could have a significant effect on U.S. relations with the region by establishing a permanent reciprocal trade preference arrangement among the signatory countries. The House and Senate passed the required implementing legislation ( H.R. 3045 ) for DR-CAFTA in July 2005, and President Bush signed it into law ( P.L. 109-53 ) on August 2,...
The Davis-Bacon Act: Suspension
The Davis-Bacon Act is one of several statutes that deals with federal government procurement. (See also the Walsh-Healey Act of 1936 and the McNamara-O'Hara Service Contract Act of 1965.) Enacted in 1931, Davis-Bacon requires, inter alia , that not less than the locally prevailing wage be paid to workers engaged in federal contract construction. The act does not deal directly with non-federal construction. In addition to the act per se , the prevailing wage principle has been incorporated within a series of federal program statutes through the years. And, many states have enacted...
Physician-Assisted Suicide and the Controlled Substances Act: Gonzales v. Oregon
The state of Oregon's Death with Dignity Act (ODWDA) is the first and only state law in the nation that legalizes physician-assisted suicide. The ODWDA permits Oregon physicians to prescribe a lethal dose of medication to mentally competent, terminally ill patients, who then may voluntarily elect to hasten their death. Under the Controlled Substances Act (CSA), a federal law that regulates the legal and illicit manufacture, distribution, and possession of drugs, a physician may prescribe controlled substances to patients only for a "legitimate medical purpose." In 2001, then-U.S. Attorney...
Jamaica: Political and Economic Conditions and U.S. Relations
Although Jamaica has a stable parliamentary democracy and is a middle-income developing country, the government of Prime Minister P.J. Patterson faces several significant challenges. These include a violent crime wave fueled by gangs and drug trafficking; high external debt, estimated at 135% of gross domestic product, that could constrain the government's social expenditures; and an adult HIV/AIDS infection rate of over 1%. U.S. relations with Jamaica are close and characterized by significant economic linkages and cooperation on such bilateral issues as anti-drug trafficking measures,...
Libraries and the USA PATRIOT Act
The USA PATRIOT Act, P.L. 107-56 , enacted to help track down and punish terrorists and to prevent further terrorism, contains no provisions specifically directed at libraries or their patrons. It has several provisions, however, that might apply in a library context. The most frequently mentioned of these is Section 215, which amends the business record sections of the Foreign Intelligence Surveillance Act (FISA). On December 22, 2005, the House and Senate enacted a bill ( S. 2167 ) that extended the sunset of certain provisions of the USA PATRIOT Act (including section 215), originally...
China's Space Program: An Overview
The People’s Republic of China successfully completed its second human spaceflight mission on October 17, 2005. China is only the third country, after Russia and the United States, able to launch people into space. Its first human spaceflight was in 2003 when a single astronaut, or “taikonaut,” made a flight lasting slightly less than a day. The 2005 flight lasted five days, and involved two taikonauts. As the United States embarks upon President Bush’s “Vision for Space Exploration” to return astronauts to the Moon by 2020 and someday send them to Mars, some may view China’s entrance into...
This report provides facts and statistics about Social Security that are frequently requested by Members of Congress and their staffs. It includes information about Social Security taxes and benefits, the program's impact on its recipients' incomes, federal tax receipts, federal spending and the economy, administrative information, and selected facts about Medicare.
In the wake of train derailments and a chlorine gas leak in South Carolina, state and local officials began to examine the scope of their regulatory authority over the transportation of hazardous materials by rail. Specifically, local officials in the District of Columbia authorized a temporary ban on the transportation of certain toxic substances from trains that travel though the District of Columbia. Reviewing the relevant statutes, including the Hazardous Materials Transportation Act and the Federal Railroad Safety Act, it would appear that state and local governments are...
Thailand-U.S. Economic Relations: An Overview
Thailand is a key U.S. ally in the international war against terrorism and is an important U.S. economic partner in Southeast Asia. Thailand continues to rebuild its economy after the debilitating effects of the 1997-1998 Asian financial crisis. In October 2003, the United States and Thailand announced their intent to negotiate a free trade agreement (FTA). Six rounds of negotiations have been held A number of issues remain to be resolved. This report summarizes CRS Report RL32314 , U.S.-Thailand Free Trade Agreement Negotiations , by Raymond J. Hearn and Wayne M. Morrison, and will be...
Arctic Petroleum Technology Developments
Congressional debate over opening the coastal plain of the Arctic National Wildlife Refuge (ANWR) on a portion of the North Slope of Alaska to petroleum exploration and development is under way in the 109th Congress. Current law prohibits such development in ANWR.
The North Slope is home to the two largest oil fields in North America and to the largest U.S. oil field discovered in the last decade. The North Slope also is home to a diverse, unique, and fragile ecosystem – resulting in extensive federal, state, and local regulatory protection. Partly due to increased restrictions since the...
Mercury in the Environment: Sources and Health Risks
Concern about mercury in the environment has increased in recent years due to emerging evidencehat exposure to low levels of mercury may harm the developing rvous systems of unborn children. At least five bills in the 109th Congress aim to reduce mercury emissions from coal-fired electric utilities. The various proposals and a final regulation promulgated by the U.S. Environmental Protection Agency (EPA) on March 15, 2005, differ in how much and how soon emission reduction would be required, and in whether reductions would be achieved through controls at each plant or through a nationwide...
Medical Malpractice Liability Reform: S. 354, 109th Congress
S. 354 , 109th Congress, would preempt state law regarding some aspects of medical malpractice liability, and liability for defective medical products, including drugs. It would not, however, preempt any state law that imposes greater procedural or substantive protections for health care providers, health care organizations, or sellers of medical products, from liability. In medical malpractice and defective medical products suits, S. 354 would, among other things, impose caps on noneconomic and punitive damages (but only in states with no caps or higher caps), eliminate joint and several...
Medical Malpractice Liability Reform: H.R. 5, 109th Congress
H.R. 5 , 109th Congress, which the House passed without amendment on July 28, 2005, would preempt state law regarding some aspects of medical malpractice liability, and liability for defective medical products, including drugs. It would not, however, preempt any state law that imposes greater procedural or substantive protections for health care providers and health care organizations from liability. In medical malpractice and defective medical products suits, H.R. 5 would, among other things, place caps on noneconomic and punitive damages (but only in states that have not enacted and do...
EU Enlargement: Economic Implications for the United States
The United States strongly supported the formation of the European Economic Community in the 1950s and has supported its subsequent expansions and evolution into what is now the European Union (EU). Likewise, the United States, under both the Clinton and Bush Administrations, welcomed the latest, and largest expansion of the EU -- the addition of 10 new members effective May 1, 2004, viewing it as helping to promote stability and prosperity throughout the continent. The enlargement of the EU will change U.S. economic ties with the EU with the 10 new members. This report examines the...
Egypt: 2005 Presidential and Parliamentary Elections
In 2005, Egypt conducted two sets of elections that illustrate both the opportunities and challenges for U.S. democracy promotion policy in the Middle East. On September 7, 2005, Egypt conducted its first multi-candidate presidential election, resulting in the reelection of President Hosni Mubarak with 88% of the vote. Although some have credited Egypt for holding a competitive election, many have criticized the outcome and alleged fraud. Parliamentary elections in Egypt resulted in the ruling NDP party securing an overwhelming majority of seats but also saw independent...
Mercury Emissions from Electric Power Plants: An Analysis of EPA's Cap-and-Trade Regulations
EPA studies conclude that about 6% of American women of child-bearing age have blood mercury levels sufficient to increase the risk of adverse health effects (especially lower IQs) in children they might bear. Thus, there was great interest in the agency’s March 15, 2005, announcement that it was finalizing new regulations to control mercury (Hg) emissions from coal-fired electric power plants -- power plants account for 42% of total U.S. mercury emissions, according to EPA.
In announcing the regulations, however, EPA stated that most mercury in the atmosphere comes from non-U.S....
Defense Program Issue: Global Information Grid, Bandwidth Expansion (GIG-BE)
The Global Information Grid (GIG) is the enabling infrastructure for Network Centric Warfare (NCW), a concept that relies on communications technology to link together U.S. military personnel, ground vehicles, aircraft, and naval vessels through integrated wide and local area networks to provide improved battle space awareness for joint military forces. (1) The GIG Bandwidth Expansion program (GIG-BE) is a component of the overall GIG which upgrades the transmission pathways composing the central portion of the GIG. The GIG-BE program achieved full operational capability as of December...
Civil Rights of Individuals with Disabilities: The Opinions of Judge Alito
Judge Samuel Alito Jr. was nominated by President Bush to the U.S. Supreme Court on October 31, 2005. This report examines the opinions written by Judge Alito relating to civil rights for individuals with disabilities and includes a discussion of cases relating to the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), section 504 of the Rehabilitation Act of 1973, and the Fair Housing Amendments Act. In addition, Judge Alito's federalism decisions are briefly analyzed and their potential impact on disability related issues is discussed. Decisions...
Space Exploration: Issues Concerning the "Vision for Space Exploration"
On January 14, 2004, President George W. Bush announced new goals for the National Aeronautics and Space Administration (NASA), directing the agency to focus on returning humans to the Moon by 2020, and eventually sending them to Mars and “worlds beyond.” The President invited other countries to join. Most of the funding for this “Vision for Space Exploration” is to be redirected from other NASA activities, including terminating the space shuttle program in 2010, and ending U.S. participation in the International Space Station by 2016. NASA released an implementation plan for the Vision on...
On August 9, 2005, the space shuttle Discovery successfully completed the first of two “Return to Flight” (RTF) missions -- STS-114. It was the first shuttle launch since the February 1, 2003, Columbia tragedy. NASA announced on July 27, 2005, the day after STS-114’s launch, that a second RTF mission would be indefinitely postponed because of a problem that occurred during Discovery ’s launch that is similar to what led to the loss of Columbia. The next launch is currently expected some time in 2006. This report discusses the Columbia tragedy, the Discovery mission, and issues...
Immigration: Selected Opinions of Judge Samuel Alito
Judge Samuel Alito, President Bush's nominee to replace retiring Justice Sandra Day O'Connor as an associate justice on the Supreme Court, has been a judge for the U.S. Court of Appeals for the Third Circuit since 1990. This report discusses notable majority and dissenting opinions written by Judge Alito relating to immigration.
Farmers' Markets: The USDA Role
Congress and the U.S. Department of Agriculture (USDA) have created a number of programs aimed at promoting farmers' markets. Policy issues include the extent to which the programs contribute to the markets' success, and the need if any for additional governmental support. This report will be updated if significant developments ensue.
Tobacco Price Support: An Overview of the Program
About 94% of U.S. tobacco production is flue-cured and burley (both being cigarette tobacco types). These crops are particularly important to the agriculture of North Carolina (where flue-cured is grown) and Kentucky (where burley is grown). Together, these two states produce 66% of the total U.S. tobacco crop. The federal tobacco price support program was designed to support and stabilize prices for farmers. It operated through a combination of mandatory marketing quotas and nonrecourse loans. Marketing quotas limit the amount of tobacco each farmer could sell, which indirectly raised...
Tobacco quota buyout legislation (Title VI of P.L. 108-357 ( H.R. 4520 )) terminated U.S. tobacco farm price support (nonrecourse loans) and domestic production controls (marketing quotas) after the 2004 crop year. An assessment on tobacco product manufacturers and importers will generate about $9.6 billion over 10 years for compensatory payments to tobacco quota owners and active tobacco producers. Beginning with the 2005 crop, there are no restrictions on who can grow and market tobacco, where it can be grown, and the amount that can be grown and marketed. (This report will not be updated.)
Efforts to reduce tobacco consumption in the United States, stimulated by the 1998 Master Settlement Agreement (MSA), contributed to a sharp decline in the demand for U.S.-grown tobacco. The other major contributor to the long term decline in domestic as well as foreign demand was the federal price support program, which limited supply and raised the price of U.S. tobacco above competitive market levels. Consequently, foreign-grown tobacco displaced U.S. tobacco in both domestic and world markets. Because of the drop in demand, farmers asked for and received compensation and assistance...
Federalism: Selected Opinions of Judge Samuel Alito
During his 15 years as a federal appellate judge on the Third Circuit, Judge Samuel Alito has written several opinions related to federalism. Two of these cases appear to be of particular significance. In Chittister v. Department of Community and Economic Development , Judge Alito authored a unanimous opinion which held that an individual could not sue a state under the Family Medical Leave Act (FMLA). This opinion addressed an issue which has been controversial in recent years -- the parameters of the 11th Amendment and Section 5 of the 14th Amendment. The decision held that a provision...
U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 1997-2004
This report provides background data on United States arms sales agreements with and deliveries to its major purchasers during calendar years 1997-2004. In a series of data tables, it lists the total dollar values of U.S. arms sales agreements with its top five purchasers in five specific regions of the world for three specific periods: 1997-2000, 2001-2004, and 2004 alone, and the total dollar values of U.S. arms deliveries to its top five purchasers in those same regions for the periods 1997-2000, 2001-2004, and for 2004 alone. In addition, the report provides data tables listing...
The Individuals with Disabilities Education Act (IDEA) is the main federal program concerning the education of children with disabilities. It authorizes state and local aid for special education and related services for children with disabilities and contains detailed due process protections for children with disabilities and their parents. On December 3, 2004, President Bush signed “The Individuals with Disabilities Education Act Improvement Act” ( P.L. 108-446 ), a major reauthorization and revision of IDEA. One issue which was not addressed in the reauthorization was whether the parents...
The Origination Clause of the Constitution, Article I, Section 7, clause 1, states that, "All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills." This report discusses opinions of the Supreme Court and some lower federal courts that have interpreted the text of the Clause and delineated the scope of the Senate's power to amend revenue legislation. It does not address parliamentary precedents of the House and Senate, which generally have interpreted the Clause more restrictively than the courts....
Incidents involving lasers aimed at aircraft cockpits has raised concerns over the potential threat to aviation safety and security. While none of these events has been linked to terrorism, security officials have expressed concern that terrorists may seek to acquire and use higher powered lasers to, among other things, incapacitate pilots. There is also concern among aviation safety experts that the ubiquity and low cost of handheld laser devices could increase the number of incidents where pilots are distracted or temporarily incapacitated during critical phases of flight. Possible...
Habeas Review in Death Penalty Cases: Selected Opinions of Judge Samuel Alito
On October 31, 2005, President Bush nominated Judge Samuel A. Alito to replace retiring Associate Justice Sandra Day O'Connor. During Alito's 15-year tenure with the U.S. Court of Appeals for the Third Circuit, the court has considered several habeas corpus petitions concerning the imposition of death sentences. This report provides an overview of selected opinions (majority and dissenting) by Judge Alito addressing habeas review in death penalty cases. This report will not be updated.
Normal-Trade-Relations (Most-Favored-Nation) Policy of the United States
In international trade, the term most-favored-nation (MFN) treatment has a meaning at variance with what it appears to mean: the expression means equal -- rather than exclusively favorable -- treatment and is often used interchangeably with "nondiscriminatory." To make this distinction clearer and avoid a possibly misleading interpretation of the most-favored-nation term, legislation was enacted in 1998 to replace it in U.S. law with the term "normal trade relations," or NTR. In this report, both terms are used interchangeably with "nondiscriminatory." The United States accords general...
Judge Samuel Alito's Opinions in Freedom of Speech Cases
Judge Samuel Alito, who has been nominated by President Bush to take retiring Justice Sandra Day O’Connor’s seat as associate justice of the U.S. Supreme Court, has been a judge on the U.S. Court of Appeals for the Third Circuit since 1990. This report examines his major judicial opinions, both for the majority and in dissent, in freedom of speech cases. It also briefly discusses some cases in which he joined the opinion for the court but did not write it. This report examines Judge Alito’s free speech opinions by subject area.
A major element of the U.S. energy debate is whether to approve energy development in the Arctic National Wildlife Refuge (ANWR) in northeastern Alaska, and if so, under what conditions, or whether to continue to prohibit development to protect the area’s biological, recreational, and subsistence values. For over 20 years, the debate on whether to develop any energy resources in ANWR has focused on a familiar image of a coastal, northern part of the Refuge, the area that is thought to contain oil. Reconciliation bills under consideration in the 109th Congress have referred to two new maps,...
Azerbaijan's 2005 Legislative Election: Outcome and Implications for U.S. Interests
This report discusses Azerbaijan's democratization progress as evidenced by its November 6, 2005, legislative election. It describes the campaign and results and examines implications of this election for Azerbaijani and U.S. interests. This report will not be updated. Related reports include CRS Issue Brief IB95024, Armenia, Azerbaijan, and Georgia , by Jim Nichol.
How Special Rules Regulate Calling up Measures for Consideration in the House
A special rule is a House resolution that regulates consideration of a specific legislative measure named in the resolution. Members and staff commonly refer to a resolution of this kind simply as “the rule” for considering a measure. A rule has two key functions: (1) to enable the House to consider the measure specified, and (2) to set terms for considering it. The House Committee on Rules has jurisdiction to report resolutions that combine these two functions, and this ability enables the leadership to use rules effectively to manage the floor agenda. This report discusses how rules...
Discharge Procedure in the House
The House “discharge rule” (Rule XV, clause 2) provides a means for Members to bring to the floor for consideration a bill or resolution that has been referred to committee but not reported. Discharge is generally the only procedure by which Members can secure consideration of a measure without cooperation from the committee of referral, the majority-party leadership, or the Committee on Rules. For this reason, discharge is designed to be difficult to accomplish and has infrequently been used with success. See http://www.crs.gov/¿products/¿guides/¿guidehome.shtml for more information on...
Energy and Mineral Issues in the FY2006 Budget Reconciliation Bill
Several resource issues that are designed to generate revenue for the federal Treasury have been proposed for the FY2006 budget reconciliation bill. The most controversial of these provisions recommended by the House Resources Committee and Senate Energy and Natural Resources Committee would open part of the Arctic National Wildlife Refuge (ANWR) for oil and gas development. The House panel also approved a provision that would allow coastal states to “opt out” of the current offshore oil and gas development moratoria, increase fees for hardrock mining and patents, dispose of certain...
General Overview of United States Antitrust Law
This Report briefly summarizes (1) the primary United States antitrust statutes, and (2) some of the activities which are generally considered to be violations of those laws. There is also some reference to the prohibition against unfair competition and the “unfairness” jurisdiction of the Federal Trade Commission (FTC). The laws discussed do not constitute all of the statutes which may be applicable to, or implicated in antitrust issues, but rather, are those which are most often utilized.
Trade Agreements: Procedure for Congressional Approval and Implementation
Trade agreements on tariff-and-nontariff barriers, including those establishing free-trade areas, must be approved and implemented by the enactment of implementing bills, for the consideration of which expedited legislative procedures have been enacted. The procedures, initially referred to as "fast track" and more recently as "trade authorities procedures," provide for mandatory introduction and consideration of an implementing bill with deadlines for individual legislative stages, prohibit any amendments, and require an up-or-down vote. This report presents the individual statutes...
Assignments to Senate Subcommittees
One of the first orders of business for Senate committees is deciding whether to establish subcommittees, and if so, determining their number, sizes, party ratios, chairs, ranking minority members, and other members. There are no direct limits on the number of subcommittees that may be created.
Bankruptcy Relief and Natural Disaster Victims
In the wake of Hurricanes Katrina, Rita, and Wilma, many questioned whether implementing the new procedures of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), P.L. 109-8 , which became effective on October 17, 2005, should have been delayed or revised. This report considers whether bankruptcy law in general, and the BAPCPA in particular, may present unique challenges to financial recovery for those whose life, livelihood, and/or home have been damaged or destroyed. To some extent, the new goals of the BAPCPA, which is designed to restore personal responsibility...
Federal Voluntary Voting System Guidelines: Summary and Analysis of Issues
The Help America Vote Act of 2002 (HAVA, P.L. 107-252 ) gave the federal Election Assistance Commission (EAC) the responsibility to develop a set of Voluntary Voting System Guidelines ( VVSG ) to replace the current voluntary Voting Systems Standards ( VSS ). The VVSG are to provide a set of specifications and requirements to be used in the certification of computer-assisted voting systems, both paper-based and fully electronic. That was also the purpose of the VSS, which were developed in response to concerns raised about voting systems in the 1970s and 1980s. Most states have...
Dallas Love Field: The Wright and Shelby Amendments
The history of the Wright Amendment dates back to the 1960s when the now defunct Civil Aeronautics Board (CAB) proposed the creation of a single regional airport in the Dallas-Fort Worth (DFW) area. To construct the new airport, the two cities entered into an agreement that required the phasing out of separate existing airports in Dallas and Ft. Worth and transferring air service to the new DFW Airport, which opened in 1974. During this time, Southwest Airlines began operating out of Dallas’s Love Field as a purely intrastate air carrier. As such, Southwest was not subject to...
Bovine Spongiform Encephalopathy (Mad Cow Disease): Agricultural Issues for Congress
This report presents the background and analysis of BSE (bovine spongiform encephalopathy, including the definition. It also discusses the BSE economic and trade implications as well as selected issues for Congress.
Lawsuit Abuse Reduction Act of 2005
H.R. 420 , 109th Congress, the Lawsuit Abuse Reduction Act of 2005, was reported by the House Judiciary Committee on June 14, 2005 ( H.Rept. 109-123 ), and passed by the House on October 27, 2005. H.R. 420 would strengthen Rule 11 of the Federal Rules of Civil Procedure, and would narrow the choice of venues for personal injury actions, other than class actions, brought in state and federal courts. The bill’s Rule 11 provisions would apply to all civil actions, not just tort actions. Rule 11 provides for sanctions against parties who file frivolous claims or defenses, or who file a paper...
Taiwan's Accession to the WTO and Its Economic Relations with the United States and China
After several years of negotiations, Taiwan joined the World Trade Organization (WTO), the international organization that sets rules for most international trade, on January 1, 2002. China fought to allow Taiwan to join the WTO only as a “separate customs territory” and only after China obtained membership (which it did in December 2001). Trade and investment relations between China and Taiwan have boomed in recent years; China has replaced the United States as Taiwan’s export market. However, political tensions between China and Taiwan remain high. In an effort to further boost...
Hurricane Katrina: Social-Demographic Characteristics of Impacted Areas
On the morning of August 29, 2005, Hurricane Katrina made landfall on the Gulf Coast between the major cities of New Orleans, Louisiana, to the west, and Mobile, Alabama, to the east. Along the Gulf Coast and inland in the swath of the storm, Hurricane Katrina impacted hundreds of thousands of families in three states (Louisiana, Mississippi, and Alabama) and contributed to the deaths of more than 1,000 people. While CRS estimates that 5.8 million people in three states may have experienced hurricane-force winds, the majority rode out the storm safely. Property damage, loss of life, and...
Katrina Emergency Tax Relief Act of 2005
On September 23, 2005, President Bush signed the Katrina Emergency Tax Relief Act of 2005 (KETRA; H.R. 3768) into law, P.L. 109-73. It primarily contains temporary tax relief intended to directly and indirectly assist individuals in recovering from Hurricane Katrina. The provisions cover a variety of areas, including work credits, charitable giving, and casualty losses. This report summarizes the act.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288 , as amended, 42 U.S.C. Sections 5121-5206, and implementing regulations in 44 C.F.R. Sections 206.31-206.48, provide the statutory framework for a Presidential declaration of an emergency or a declaration of a major disaster. Such declarations open the way for a wide range of federal resources to be made available to assist in dealing with the emergency or major disaster involved. The Stafford Act structure for the declaration process reflects the fact that federal resources under this act supplement state...
Justice Sandra Day O’Connor’s announcement that she will retire from the Supreme Court of the United States effective upon the confirmation of her successor has raised questions regarding the conditions under which her vote may or may not be counted in certain cases. This report provides an overview of quorum requirements, rehearing procedures and vote count practices in the Supreme Court, with a focus on their application in relation to Justice O’Connor’s pending retirement.
Selected Products Liability Issues: A 50-State Survey
This report examines the laws of the 50 states and the District of Columbia in the following areas of products liability: (1) product seller liability, (2) contributory fault, (3) punitive damages, (4) joint and several liability, (5) statutes of limitations, and (6) statutes of repose.
This 50-state survey is intended as a quick guide to statutes that deal with these six issues, not as a full description of the relevant laws. Thus, exceptions and details, such as when statutes of limitations may be tolled, are not generally noted, and case law has not been checked systematically. Also not...
Clean Air and New Source Review: Defining Routine Maintenance
The Environmental Protection Agency (EPA) final rule on clarifying the definition of routine maintenance under its New Source Review (NSR) process exempts industrial facilities from undergoing NSR if they are replacing safety, reliability, and efficiency rated components with new, functionally equivalent equipment and if the cost of the replacement components is under 20%25 of the replacement value of the process unit. Essentially, the rule permits owners of existing units to maintain and operate their units at their original design specifications without having to undergo NSR, a process...
Proposed Bankruptcy Legislation to Address Natural Disaster Victims
Several bills have been introduced in the 109th Congress to amend the U.S. Bankruptcy Code, 11 U.S.C. Section 101 et seq. in the wake of Hurricane Katrina. H.R. 3662 would delay the effective date for the means test amendments to the Code enacted in the Bankruptcy Abuse Prevention and Consumer Protection Act. H.R. 3697 , S. 1647 , S. 1765 , and S. 1766 would make substantive amendments to the Code to deal with victims of natural disasters. They are discussed below. This report will be updated as events warrant.
TANF Reauthorization: Side-by-Side Comparison of Current Law, S. 667, and H.R. 240 (TANF Provisions)
The 109th Congress is considering legislation to reauthorize the block grant of Temporary Assistance for Needy Families (TANF) for five years. Congress has inconclusively debated long-term TANF authorizations since 2002, instead adopting short-term extensions. The latest extension ( P.L. 109-19 ) funds the program through December 31, 2005. Thus far in the 109th Congress, the Senate Finance Committee has reported S. 667 ( S.Rept. 109-51 ). A bill introduced by House Republican leaders, H.R. 240 , has received approval from the House Ways and Means Committee's Subcommittee on Human...
USA PATRIOT Act Reauthorization in Brief
Both Houses have approved proposals to reauthorize USA PATRIOT Act sections scheduled to expire at the end of the year. The House passed H.R. 3199 on July 21, 2005, 151 Cong. Rec. H6307; the Senate, S. 1389 on July 29, 2005 (although the Senate substituted its language for that of H.R. 3199 and then passed H.R. 3199; for convenience the Senate version of H.R. 3199 is referred to as S. 1389 here). This is a sketch of those bills and how they differ. Their common provisions deal mostly with expanded federal authority under the Foreign Intelligence Surveillance Act (FISA) and the...
Hurricane Katrina: The Response by the Internal Revenue Service
After Hurricane Katrina, the Internal Revenue Service (IRS) announced several tax relief measures to aid affected individuals and businesses. They cover a range of subjects, from postponing deadlines for paying taxes and filing returns for individuals, employee benefit plans and tax-exempt bond issuers, to waiving penalties for certain fuel excise taxes. This report summarizes these measures and discusses the statutory authority for the IRS's actions.
The Macroeconomic Effects of Hurricane Katrina
Hurricane Katrina will have substantial and long-term effects on the economies of southern Louisiana and Mississippi. But, given that those two states account for just 2% of total U.S. gross domestic product, the effects on the national economy will be much less dramatic than the effects on the region. Since the storm, a number of economic forecasters have adjusted their predictions to reflect its effects. Most indicate that, as a result of the storm, national economic growth is expected to be 0.5%-1.0% slower than in the second half of 2005. However, as economic activity recovers in the...
Federal Disaster and Emergency Assistance for Water Infrastructure Facilities and Supplies
Natural and other disasters, such as Hurricane Katrina, can impair, contaminate, or destroy public water systems, including treatment facilities and distribution systems. Costs of addressing such damage can be substantial, while the potential public health and safety consequences of lost or impaired water supplies necessitate rapid responses. Natural and other disasters also can have calamitous impacts on other water infrastructure facilities, such as wastewater treatment plants and flood control systems. To help address such emergencies, Congress has authorized programs over the years...
Trade Promotion (Fast-Track) Authority in the Trade Act of 2002
On August 6, 2002, President George W. Bush signed the Trade Act of 2002 ( P.L. 107-210 ). Title XXI of the act granted "trade promotion authority" (TPA) to the President. Those provisions included negotiating objectives for trade agreements. They also stipulated that if the notification and consultation requirements and other conditions specified were met by the President, implementing legislation could be considered under expedited legislative procedures (limited debate and no amendment). This report gives an overview of the TPA provisions in the Trade Act of 2002, which could apply to...
The recommendations of the 2005 Base Realignment and Closure (BRAC) Commission will automatically take effect unless, within a stated period after the recommendations are submitted to the House and Senate, Congress adopts a joint resolution of disapproval rejecting them in their entirety. Congressional consideration of this disapproval resolution is not governed by the regular rules of the House and Senate, but by special expedited or “fast track” procedures laid out in statute. This report describes these expedited parliamentary procedures and explains how they differ from the regular...
Homeland Security: Protecting Airspace in the National Capital Region
Since September 11, 2001, several actions have been taken to monitor and protect the airspace around Washington, DC. However, many general aviation (GA) interests have protested that extensive airspace restrictions and complex procedures exceed what is necessary to protect critical assets from possible terrorist attacks using aircraft. Policymakers have struggled to address airspace protection needs without unduly impeding air commerce or compromising safety. While the administration is currently seeking to make the airspace restrictions in the National Capital Region permanent, Congress...
Navy-Marine Corps Tactical Air Integration Plan: Background and Issues for Congress
The Department of the Navy (DON) in 2003 began implementing a Navy-Marine Corps Tactical Air Integration (TAI) plan aimed at more closely integrating Navy and Marine Corps strike fighter inventories. DON said the plan will reduce strike fighter procurement costs by about $35 billion, but increase strike fighter readiness costs by about $16.5 billion, resulting in a net savings of about $18.5 billion. DON in June 2005 modified the TAI plan to respond to increased operational tempo. The TAI plan raises several potential oversight issues. This report will be updated as events warrant.
The Acceptance of Gifts of Free Meals by Members of Congress
Under House and Senate Rules, Members and staff may not solicit gifts for themselves, and may not accept gifts from any source except in narrowly defined circumstances expressly set out in the respective rules. There is no general exception to the current gift rule prohibitions for the acceptance of free “meals,” and thus meals provided by outside, private third parties to Members or staff are considered “gifts” to them, and may not be accepted unless under circumstances which meet other specific exceptions. There are a number of circumstances under which Members or staff may...
While the acceptance by Members of Congress and staff of personal gifts from most outside, private sources is significantly regulated and restricted by internal congressional rules, Members of the House and Senate may still generally accept from some private sources—other than those who are registered lobbyists or registered foreign agents—necessary travel expenses, including transportation, food and lodging, for travel “in connection with” their official duties, such as for fact-finding trips, conferences or symposia, under certain limited circumstances. Under both House and Senate Rules,...
Federal Voting Systems Standards and Guidelines: Congressional Deliberations
This report discusses deliberations and issues relating to the Federal Election Commission's (FEC) Voluntary Voting System Standards (VSS) and their replacement, the Voluntary Voting System Guidelines (VVSG). States, not the federal government, regulate the voting technologies they use. However, in response to concerns raised in the 1970s and 1980s about the then largely unregulated voting technology industry, Congress funded development by the FEC of voluntary standards for computer-based voting systems but did not establish them specifically by statute. Legislation directing the FEC to...
Property Rights "Takings": Justice O'Connor's Opinions
When Justice O’Connor ascended to the Supreme Court, expectations were that she would adhere to the conservative line and generally uphold the property rights position over the government’s in Fifth Amendment “takings” cases. This did not happen. Instead, in this area as well as others, she established her place at the Court’s ideological center. To be sure, Justice O’Connor made many arguments favoring property owners, in both her opinions and her concurrences and dissents. But this asserted empathy for the property owner did not translate into espousal of bold doctrinal shifts in takings...
The Americans with Disabilities Act: The Opinions of Justice O'Connor
The Americans with Disabilities Act (ADA) is a civil rights statute that has as its purpose “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” (1) Since its enactment in 1990, it has been the subject of numerous lower court decisions and the Supreme Court has decided nineteen ADA cases. Justice O’Connor has been in the majority in almost all of these decisions and has been a deciding vote in several 5-4 decisions, notably in the recent decisions of Garrett v. University of Alabama and Tennessee v. Lane ...
The acquisition of Unocal -- which includes Unocal’s wholly owned subsidiary, Union Oil Co. of California -- by either Chevron Corporation or the China National Offshore Oil Corp. (CNOOC) could have been subject to review by either of two U.S. agencies; which agency reviews a proposed merger or acquisition depends on the origin of the parties, and the reviews are conducted for different reasons. Certain mergers or acquisitions between domestic entities may be evaluated under the Premerger Notification Act by either the Federal Trade Commission (FTC) or the Antitrust Division of the...
Native American Graves Protection and Repatriation Act (NAGPRA): Legal and Legislative Developments
The Native American Graves Protection and Repatriation Act (NAGPRA) was enacted to serve as a means for museums and federal agencies to return certain Native American cultural items (including human remains) to the lineal descendants, culturally affiliated Indian tribes, or Native Hawaiian organizations. NAGPRA makes provision for both intentionally excavated and inadvertently discovered Native American cultural items on federal and tribal lands. Penalties are provided for noncompliance. A Review Committee was established by NAGPRA to monitor the various processes and to assist in dispute...
The Budget Reconciliation Process: House and Senate Procedures
The budget reconciliation process is an optional procedure that operates as an adjunct to the budget resolution process established by the Congressional Budget Act of 1974. The chief purpose of the reconciliation process is to enhance Congress’s ability to change current law in order to bring revenue, spending, and debt-limit levels into conformity with the policies of the annual budget resolution.
Reconciliation is a two-stage process. First, reconciliation directives are included in the budget resolution, instructing the appropriate committees to develop legislation achieving the...
Homeland Security: Scope of the Secretary's Reorganization Authority
In July of 2005, the Secretary of Homeland Security announced a major reorganization of the Department. While many of the proposed changes may be effectuated administratively, some might require legislative action due to limits on reorganization authority under the Homeland Security Act of 2002 ( P.L. 107-296 ). Section 872 of the Homeland Security Act gives the Secretary of Homeland Security the authority to reorganize functions and organizational units within the Department either: (1) independently, 60 days after the Secretary provides notice of such an action to the...
Oil Industry Profits: Analysis of Recent Performance
High prices for crude oil in 2004 and into 2005 have reduced consumers’ purchasing power and raised costs for businesses while providing billions of dollars to the oil industry and oil exporting countries. The industry’s increased revenues have led to record profit levels. As the 109th Congress engages in oversight of recent broad energy legislation which aims to increase the domestic supply of crude oil to mitigate oil price increases in the longer term, another key factor in determining increased supply is how oil companies decide to allocate their profits between shareholder returns and...
Chapter 12 of the U.S. Bankruptcy Code: Reorganization of a Family Farmer or Fisherman
Chapter 12 of the U.S. Bankruptcy Code dealing with "family farmer" reorganization, temporarily extended 11 times since its original enactment, is made permanent by enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act, P.L. 109-8 . It is amended to include "family fisherman" as well. This report surveys the highlights of this chapter.
In Verizon Communications, Inc. v. Law Offices of Curtis V. Trinko (540 U.S. 398 2004), the Supreme Court denied the antitrust claim advanced by a consumer of telecommunications services against a local exchange carrier that had previously been subject to regulatory discipline by both the Federal Communications Commission and the New York Public Service Commission. According to the Court, the fact that Verizon had been found to have breached its duty under the Telecommunications Act of 1996 to adequately share its network with telecommunications companies -- including AT&T, which...
Telecommunications Discounts for Schools and Libraries: The “E-Rate” Program and Controversies
This report addresses the controversial issues surrounding the E-rate program’s implementation and subsequent legislative measures introduced to address these issues. An additional issue, concern that minors may gain access to “inappropriate” material through the Internet has also had an impact on the E-rate program.
Supreme Court Opinions: October 2004 Term
This report contains synopses of Supreme Court decisions issued from the beginning of the October 2004 Term through the end of the Term on June 27, 2005. Included in this listing are all cases decided by signed opinion and selected cases decided per curiam . In addition to the summary, the date of decision is indicated, and cites to United States Law Week and West’s Supreme Court Reporter are provided. Following each synopsis the vote on the Court’s holding is indicated in bold typeface, and authors of the Court’s opinion and of any concurring and dissenting opinions, along with the...
Long-Range Fifty Caliber Rifles: Should They Be More Strictly Regulated?
In the 109th Congress, legislation has been introduced to more strictly regulate certain .50 caliber rifles, some of which have been adopted by the U.S. military as sniper rifles. These rifles are chambered to fire a relatively large round that was originally designed for the Browning Machine Gun (BMG). Gun control advocates have argued that these firearms have little sporting, hunting, or recreational purpose. They maintain that these rifles could be used to shoot down aircraft, rupture pressurized chemical tanks, or penetrate armored personnel carriers. Gun control opponents counter that...
Congressional Review of EPA's Mercury Rule
On June 29, 2005, Senator Patrick Leahy and 31 cosponsors introduced S.J.Res. 20 ; on the same day, a similar resolution ( H.J.Res. 56 ) was introduced in the House by Representative Martin Meehan. If enacted into law, these resolutions would disapprove, under the Congressional Review Act, a rule promulgated by the Environmental Protection Agency on March 29, 2005, in which EPA determined not to regulate hazardous air pollutants from coal- and oil-fired electric utility units under Section 112 of the Clean Air Act. Introduction of the Senate resolution set in motion procedures under which...
Federal Regulation of Boxing: Current Law and Proposed Legislation
For almost all of the twentieth century, the states exercised complete regulatory control over the sport of boxing. Beginning in 1960, some members of Congress began to investigate a possible federal regulatory role. It was not until the passage of the Professional Boxing Safety Act (PBSA) of 1996, however, that the federal government carved out a place for itself within boxing’s regulatory framework. Four years later, Congress passed the Muhammad Ali Boxing Reform Act of 2000, which, together with the PBSA forms the federal regulatory structure of boxing. This structure contains no...
The Middle East Partnership Initiative: An Overview
The Middle East Partnership Initiative (MEPI) is a program designed to promote political, economic, and educational development in the Middle East. This report provides an overview of the MEPI program, its perception in the Middle East, and its role in the debate over U.S. efforts to promote democracy in the Arab world. For FY2006, the Bush Administration has requested $120 million for MEPI. For FY2005, Congress appropriated $75 million for MEPI, half of the President's original request. MEPI has received an estimated $294 million in funding since its creation in FY2002. This report will...
Kosovo's Future Status and U.S. Policy
This report discusses the issue of Kosovo's future status; that is, whether it should become an independent country, or have some form of autonomy within Serbia.
Federalism Jurisprudence: The Opinions of Justice O'Connor
Justice O’Connor has joined the majority of the Court on many important decisions which resulted in limits on federal power. In majority opinions regarding the Tenth Amendment, sovereign immunity, and the power of Congress under the 14th Amendment, she has emphasized the dictates of the Founding Fathers and noted the policies underlying federalism such as the promotion of state accountability.
Trade Promotion Authority: Possible Vote on Two-Year Extension
Under the Trade Act of 2002 ( P.L. 107-210 ), Congress approved expedited legislative procedures (no amendment, limited debate) for trade agreements that were entered into before July 1, 2005. The Act provided an automatic two-year extension if: (1) the President requested an extension not later than April 1, 2005; and (2) neither House of the Congress adopted an extension disapproval resolution before July 1, 2005. The President submitted the request for an extension on March 30, 2005. An extension disapproval resolution ( S.Res. 100 ) was introduced in the Senate and referred to the...
In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Ninth Circuit Court of Appeals decision considered allegations of contributory and vicarious copyright infringement by companies which distribute peer-to-peer file-sharing software. The software facilitates direct copyright infringement by its users. It was the first decision to reject infringement claims against and find in favor of companies distributing the software. Other digital media file-sharing software decisions found in favor of the copyright holders, most notably A & M Records, Inc. v. Napster, Inc. and In re:...
Recycling Computers and Electronic Equipment: Legislative and Regulatory Approaches for "E-Waste"
Rapid growth in the use of computers and the incorporation of electronic features in a wide array of consumer products have been among the most important driving forces of the nation's economy in recent years; but they also pose potential environmental problems. In addition to producing better products, the improvements in technology have created growing volumes of obsolete products to be managed as waste. According to the National Safety Council, which undertook the first major effort to gather quantitative information on e-waste, 500 million personal computers will become obsolete in the...
Federal Enterprise Architecture and Information Technology Management: A Brief Overview
Congressional policymakers are concerned about potential inefficiencies and inefficacies in the operation of the federal government, particularly as it relates to decisions regarding information technology (IT) investments. These concerns have increased as federal IT spending has grown to more than $60 billion annually. One approach being implemented to address this issue is the use of enterprise architecture (EA) planning across the federal government. An EA serves as a blueprint of the business operations of an organization, and the information and technology needed to carry out these...
S. 1337 , 109th Congress, would authorize the Secretary of Health and Human Services “to award demonstration grants to States for the development, implementation, and evaluation of alternatives to current tort litigation for resolving disputes over injuries allegedly caused by health care providers or health care organizations.” States desiring grants would be permitted to choose from among three models of alternatives to the tort system: the “early disclosure and compensation model,” the “administrative determination of compensation model,” or the “special health care court model.”
Condemnation of Private Property for Economic Development: Kelo v. City of New London
In Kelo v. City of New London, decided June 23, 2005, the Supreme Court held 5-4 that the city’s condemnation of private property, to implement its area redevelopment plan aimed at invigorating a depressed economy, was a “public use” satisfying the U.S. Constitution—even though the property might be turned over to private developers. The majority opinion was grounded on a century of Supreme Court decisions holding that “public use” must be read broadly to mean “for a public purpose.” The dissenters, however, argued that even a broad reading of “public use” does not extend to...
Drug Testing In Sports: Proposed Legislation
Following a wave of allegations that the use of performance enhancing drugs by American athletes is growing, various congressional committees have held hearings on the effectiveness of the drug testing policies and procedures of professional sports leagues. Currently, there are six bills before Congress that would create mandatory minimum drug testing procedures for pro sports leagues: S. 1114 ; S. 1334 ; H.R. 2565 ; H.R. 1862 ; H.R. 2516 ; and H.R. 3084 . This report provides a summary of these six bills.
The Advanced Technology Program
The Advanced Technology Program (ATP) was created by P.L. 100-418, the
Omnibus Trade and Competitiveness Act of 1988, to encourage public-private cooperation in the development of pre-competitive technologies with broad application across industries. This activity has been targeted for elimination as a means to cut federal spending. Since FY2000, the original House-passed appropriation bills have not included funding for ATP. Many of the Administration’s budget requests have proposed termination of the program. However, ATP continues to be supported, although at levels below that achieved...
Unauthorized Employment of Aliens: Basics of Employer Sanctions
The Immigration Reform and Control Act of 1986 (IRCA) sought to end unauthorized employment by imposing penalties on employers who knowingly hire or continue to employ aliens not authorized to work in the United States (e.g., illegal aliens and foreign tourists). The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)amended some of the provisions of IRCA by reducing the number of acceptable documents for completion of the Employment Eligibility Verification Form (Form I-9) purposes, providing employers with the possibility of a good-faith defense against technical...
Transit Reauthorization in the 109th Congress
This report reviews the current structure and financing of federal transit programs, and briefly examines the financing issues and program changes proposed in the reauthorization bills for surface transportation programs.
What Do Local Election Officials Think about Election Reform?: Results of a Survey
There are more than 9,000 local election jurisdictions in the United States. Local election officials (LEOs) are responsible for administering elections in those jurisdictions. LEOs are therefore critical to the successful implementation of the Help America Vote Act of 2002 (HAVA, P.L. 107-252 ) and state election laws, but there has been little objective information on the perceptions and attitudes of those officials about election reform. This report, which will not be updated, discusses the results of a recent scientific survey of LEOs. The findings may be useful to Congress in...
Medicare has a long-standing history of offering its beneficiaries managed care coverage through private plans as an alternative to the traditional fee-for-service (FFS) program, in which a payment is made for each Medicare-covered service provided to a beneficiary. Beginning in the 1970s, private health plans were allowed to contract with Medicare on a cost-reimbursement basis. In 1982, Medicare’s risk contract program was created, allowing private entities, mostly health maintenance organizations (HMOs), to contract with Medicare. Then, in 1997, Congress passed the Balanced Budget Act of...
Jury Instructions: Arthur Andersen LLP v. United States
On May 31, 2005, the United States Supreme Court issued its decision in Arthur Andersen LLP v. United States , a case concerning disputed jury instructions as to the meaning of a “corrupt persuasion” conviction under 18 U.S.C. section 1512(b). The case was appealed from the Fifth Circuit, which had held that jury instructions issued by the District Court accurately conveyed the meaning of the statutory terms “corruptly persuades” and “official proceeding” and that the jury did not need to find any consciousness of wrongdoing. The Supreme Court reversed, holding that the term at issue...
This report discusses Smith v. City of Jackson , a recent case in which the Supreme Court held that workers may sue employers under the Age Discrimination in Employment Act (ADEA) for workplace policies that have an adverse impact on older employees, even if the discriminatory effects are not intentional.
There is no medical necessity defense against prosecution for the federal crimes of cultivating or distributing marijuana, even in places where state law recognizes such a defense. So said the Supreme Court in United States v. Oakland Cannabis Buyers’ Cooperative , 532 U.S. 483, 486 (2001). Although there may be some question as to their vitality, the Court left undecided issues involving a necessity defense for possession and possible commerce clause, enactment clause, and due process clause challenges. In Gonzales v. Raich , 125 S.Ct. 2195 (2005), the Court held that Congress’s’ power...
Financial Counseling under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
Section 106 of P.L. 109-8 , the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), creates credit counseling requirements for consumers seeking to file for bankruptcy under chapter 7 (governing the liquidation of a debtor’s assets) and chapter 13 (governing the financial reorganization of a debtor’s assets). In certain circumstances, these requirements may be waived. BAPCPA amends the U.S. Bankruptcy Code, 11 U.S.C. Section 109, to require an individual to receive credit counseling before filing a petition for bankruptcy. BAPCPA also amends the Bankruptcy Code to...
World Oil Demand and its Effect on Oil Prices
The price of oil began rising in October 2003 and reached record levels in 2004 and again in 2005. As a result of these price increases, consumers’ budgets have been under pressure, business costs have risen, and oil producers’ profits have increased. The 109th Congress is considering broad energy legislation ( H.R. 6 ), that addresses conditions in the oil and petroleum products markets.
A long term explanatory factor for increasing oil prices could be the decline of the world reserve base. The reserves to production ratio is the measure which indicates the world’s ability...
The Uruguay Round Agreements Act (URAA) legislatively approved the World Trade Organization (WTO) Agreement and the specialized agreements annexed to it. It also enacted the provisions implementing the many obligations the United States undertook under them, and contains provisions (Section 125) establishing the legislative procedure for Congressional withdrawal of such approval. Initiation of such withdrawal action is predicated on the transmission by the Administration of a mandatory quinquennial report, next due by March 1, 2005, analyzing the costs and benefits of past U.S....
Unrest in Andijon, Uzbekistan: Context and Implications
This report examines the large-scale domestic unrest that occurred in eastern Uzbekistan in May 2005 that resulted in hundreds of civilian casualties. Implications for Uzbekistan and for its relations with the United States are examined. This report may be updated. Related products include CRS Report RS21238 , Uzbekistan ; and CRS Issue Brief IB93108, Central Asia , updated regularly.
NAFTA at Ten: Lessons from Recent Studies
On January 1, 2004, the North American Free Trade Agreement (NAFTA) completed its tenth year and most of its provisions are now implemented. Its anniversary sparked numerous evaluations, which are particularly relevant as the United States pursues free trade agreements with multiple Latin American countries. Most studies found NAFTA's effects on the U.S. and Mexican economies to be modest at most. This report provides an analytical summary of the economic lessons reached in support of Congress's role in the trade policy process. It will not be updated.
Information Technology (IT) Management: The Clinger-Cohen Act and the Homeland Security Act of 2002
The role of information technology (IT) figures prominently in the Homeland Security Act of 2002 ( P.L. 107-296 ). Although most of these provisions are primarily focused on external information management (i.e., the department’s interactions with other departments and agencies), some internal information management provisions are also included to help address the challenges of absorbing the programs, personnel, and objectives now residing in other agencies. For example, Section 103 addresses an aspect of federal management, the creation of a Chief Information Officer (CIO), which was...
In the 109th Congress, the Senate Finance Committee and the House Ways and Means Subcommittee on Human Resources have approved legislation that would reauthorize and revise the Temporary Assistance for Needy Families (TANF) Block Grant. This legislation, S. 667 and H.R. 240 , also includes many changes to the Child Support Enforcement (CSE) program, a component of the government’s social safety net. In 1996, Congress passed significant changes to the CSE program as part of its reform of welfare. S. 667 was reported by the Senate Finance Committee on March 17, 2005 ( S.Rept. 109-51 )....
Clean Air Interstate Rule: Review and Analysis
On March 10, 2005, the Environmental Protection Agency (EPA) issued its final rule to address the effects of interstate transport of air pollutants on nonattainment of the National Ambient Air Quality Standards (NAAQS) for fine particulates (PM2.5) and ozone (specifically, the 8-hour standard). The Clean Air Interstate Rule (CAIR) was first proposed as the Interstate Air Quality (IAQ) rule and appeared in the Federal Register January 30, 2004. For PM2.5, CAIR finds that the interstate transport of sulfur dioxide (SO2) and nitrogen oxides (NOx) from 23 states and the District of Columbia...
On April 5, 2004, Indonesia successfully completed the first step of a multi-phase election process for 2004. The first phase elected the national legislature and the new regional representative council. The second phase, held on July 5, 2004, sought to elect a President. This led to a run-off election on September 20, 2004, between Susilo Bambang Yudhoyono, the current president, and Megawati Sukarnoputri, the former president of Indonesia. The 2004 elections were judged to be free and fair. This bodes well for evolution of democracy in Indonesia. Nationalist and secular parties were...
The “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005” in the 109th Congress
S. 256, the “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005” (BAPCPA), 109th Congress, 1st Sess. (2005) was passed by the Senate with several amendments on March 10, 2005. The House passed the Senate version, without amendment, on April 14, 2005. The bill was signed into law, P.L. 109-8, by President Bush on April 20, 2005. The new law addresses many areas of bankruptcy practice, including consumer filings, small business bankruptcy, tax bankruptcy, ancillary and cross-border cases, financial contract provisions, amendments to chapter 12 governing family farmer...
The SAFE Acts of 2005: H.R. 1526 and S. 737 - A Sketch
Somewhat different SAFE Acts have been introduced in both the House and Senate: S. 737 , the Security and Freedom Enhancement Act of 2005 (introduced by Senator Craig) and H.R. 1526 , the Security and Freedom Ensured Act of 2005 (introduced by Representative Otter). Although the Senate bill is more detailed, they address many of the same issues, most of which relate to the USA PATRIOT Act -- roving Foreign Intelligence Surveillance Act (FISA) wiretaps, delayed notification of “sneak and peek” search warrants, library and similar exemptions from FISA tangible item orders and...
The Individuals with Disabilities Education Act (IDEA): Overview of P.L. 108-446
The Individuals with Disabilities Education Act (IDEA) is the main federal program concerning the education of children with disabilities. It authorizes state and local aid for special education and related services for children with disabilities and contains detailed due process protections for children with disabilities and their parents. On December 3, 2004, President Bush signed “the Individuals with Disabilities Education Act Improvement Act” ( P.L. 108-446 ), a major reauthorization and revision of IDEA. The new law preserves the basic structure and civil rights guarantees of IDEA...
East Timor: Potential Issues for Congress
With the help of a transitional United Nations administration, East Timor emerged in 2002 as an independent state after a long history of Portugese colonialism and more recently, Indonesian rule. This followed a U.N.-organized 1999 referendum in which the East Timorese overwhelmingly voted for independence and after which Indonesian-backed pro-integrationist militias went on a rampage. Under several different mandates, the United Nations has provided peacekeeping, humanitarian and reconstruction assistance, and capacity building to establish a functioning government. On April 28, 2005, the...
Agriculture in the WTO Doha Round: The Framework Agreement and Next Steps
Member countries of the World Trade Organization (WTO) reached agreement on July 31, 2004 on a framework for negotiating agricultural trade liberalization in the multilateral trade round known as the Doha Development Agenda (DDA). The framework, part of a work program for all negotiating issues in the DDA (non-agricultural market access, services, trade facilitation, etc.), sets the stage for negotiations, now underway, to determine specific targets or formulas ("modalities") for curbing trade-distorting domestic support, reducing trade barriers and eliminating export subsidies. A draft...
Minimum Distribution Requirements for Foundations: Proposal to Disallow Administrative Costs
Legislation introduced in the House ( H.R. 7 ) to provide tax incentives for charitable giving includes provisions disallowing the counting of administrative costs as part of a minimum distribution requirement for private foundations. The Ways and Means Committee has modified this provision in reporting out the bill by restricting the types of administrative costs eligible. H.R. 7 was passed by the House on September 17, 2003. The issue of administrative costs and minimum distributions has been the subject of a series of changes in the past, but currently there are no restrictions other...
China's Growing Interest in Latin America
Over the past year, increasing attention has focused on China’s growing interest in Latin America. Most analysts appear to agree that China’s primary interest in the region is to gain greater access to needed resources -- such as oil, copper, and iron -- through increased trade and investment. Some also believe Beijing’s additional goal is to isolate Taiwan by luring the 12 Latin American and Caribbean nations still maintaining diplomatic relations with Taiwan to shift their diplomatic recognition to China. Some analysts maintain that China’s involvement in the region could pose a future...
Health Information Technology: Promoting Electronic Connectivity in Healthcare
The Institute of Medicine, the National Committee on Vital and Health Statistics, and other expert panels have identified information technology (IT) as one of the most powerful tools for reducing medical errors, lowering health costs, and improving the quality of care. However, the U.S. health care industry lags far behind other sectors of the economy in its investment in IT, despite growing evidence that electronic information systems can play a critical role in addressing the many challenges the industry faces. Adoption of health IT systems faces significant financial, legal,...
Coastal Louisiana Ecosystem Restoration: The Recommended Corps Plan
The 109th Congress may consider legislation that authorizes activities to counter the widespread conversion of lands (mostly wetlands) to open water in coastal Louisiana. In its final report on restoring the coastal Louisiana ecosystem, released January 25, 2005, the U.S. Army Corps of Engineers (Corps) recommends congressional authorization of specific projects and general programs to both slow the process of conversion and reestablish land at some converted sites. The Corps estimates that this entire package of recommended activities would cost a total of $1,996 million. Included in this...
Designation of Critical Habitat under the Endangered Species Act (ESA)
The agencies that implement the Endangered Species Act (ESA) regard the designation of critical habitat (CH) as providing only very limited benefits beyond those achieved through the listing of species and the avoidance of jeopardy to them. Several courts have now held that the relevant regulation and interpretation that result in this conclusion are erroneous and do not carry out the intent of Congress. H.R. 1299 in the 109th Congress would change the definition of CH and move the time at which critical habitat must be designated for a species from being (basically) concurrent with the...
Child Welfare Financing: An Issue Overview
Child welfare programs are designed to protect children from abuse or neglect. Services may be offered to stabilize and strengthen a child’s own home. If this is not a safe option for the child, however, he or she may be placed in foster care while efforts to improve the home are made. In those instances where reuniting the child with his or her parents is found to be impossible, a child welfare agency must seek a new permanent (often adoptive) home for the child.
In FY2003, the most recent year for which complete data are available, the federal government provided states with some $6.9...
Aviation Security-Related Findings and Recommendations of the 9/11 Commission
The 9/11 Commission found that al Qaeda operatives exploited known weaknesses in U.S. aviation security to carry out the terrorist attacks of September 11, 2001. While legislation and administration actions after September 11, 2001 were implemented to strengthen aviation security, the 9/11 Commission concluded that several weaknesses continue to exist. These include perceived vulnerabilities in cargo and general aviation security as well as inadequate screening and access controls at airports.
The 9/11 Commission issued several recommendations designed to strengthen aviation...
Country Applicability of the U.S. Normal Trade Relations (Most-Favored-Nation) Status
The United States accords permanent normal-trade-relations (NTR) (formerly called most-favored-nation (MFN)) treatment to all its trading partners except two countries to which it is denied by law and ten countries whose NTR status is temporary and subject to the conditions of Title IV of the Trade Act of 1974.
The Family and Medical Leave Act: Background and U.S. Supreme Court Cases
This report provides background on the eligibility and notification requirements for taking leave under the Family and Medical Leave Act (“FMLA”). The FMLA guarantees eligible employees 12 workweeks of unpaid leave for the birth or adoption of a child; for the placement of a foster child; for the care of a spouse, child, or parent suffering from a serious health condition; or for a serious health condition that makes the employee unable to perform the functions of the employee’s position. Since the FMLA’s enactment in 1993, the U.S. Supreme Court has considered two cases involving the...
Fairness in Asbestos Injury Resolution Act of 2005 (H.R. 1360, 109th Congress)
This report provides an overview of H.R. 1360 , the Fairness in Asbestos Injury Resolution (FAIR) Act of 2005, as introduced by Representative Kirk on March 17, 2005. H.R. 1360 would create the Office of Asbestos Disease Compensation, within the Department of Labor, to award damages to asbestos claimants on a no-fault basis. Damages would be paid by the Asbestos Injury Claims Resolution Fund, which would be funded by companies that have previously been sued for asbestos-related injuries, and by insurers of such companies. Asbestos claims could no longer be filed or pursued under state...
Military Base Closures: The 2005 BRAC Commission
The President and Congress have completed the selection of nine members to the 2005 Base Realignment and Closure Commission. On or about May 16, 2005, the Department of Defense (DOD) is to send the Commission its recommended list of installations to be closed or realigned. The Commission, in turn, is to spend several months reviewing DOD’s list, and then forward its findings and recommendations to the President no later than September 8, 2005. This report focuses exclusively on developments relating to the Base Realignment and Closure (BRAC) Commission. It examines relevant factors of...
The Government Performance and Results Act of 1993 (P.L. 103-62), known as GPRA or the Results Act, sought to promote greater efficiency, effectiveness, and accountability in federal spending by establishing a new framework for performance management and budgeting in federal agencies. GPRA represents the latest in a series of initiatives in the last 55 years attempting to link budget levels with expected results, so that spending decisions can be better aligned with anticipated performance, an approach commonly referred to as “performance budgeting.”
On April 9, 2001, President Bush...
Identity Theft: The Internet Connection
Concern is growing about identity theft -- where one person assumes the identity of another by stealing personally identifiable information (PII), such as credit card or Social Security numbers. High profile incidents disclosed in early 2005 involving ChoicePoint, Bank of America, and LexisNexis, where the PII of more than a million Americans may have been compromised, have refocused congressional attention on this issue. Many associate the rise in identity theft cases with the Internet, but surveys indicate that comparatively few victims cite the Internet as the source of their stolen...
Troubled by reported lapses in security and counterintelligence (CI) at the Department of Energy (DOE), the Congress in 1999 established a semi-autonomous agency -- the National Nuclear Security Administration (NNSA) -- to oversee DOE’s national security-related programs ( P.L. 106-65 ). Within NNSA, Congress created the Office of Defense Nuclear Counterintelligence to implement CI policy at NNSA facilities. DOE retained a separate Office of Counterintelligence, which develops CI policy for DOE and NNSA, but, implements it only at non-NNSA facilities. Though representing separate...
This compilation provides information on roll call and other record votes taken in the House of Representatives and Senate from the first Congress through the 108th Congress, 1789 through 2004.
Table 1 provides data for the House, the Senate, and both chambers together. Data provided include total record votes taken during each Congress, and the cumulative total record votes taken from the first Congress through the end of each subsequent Congress. The data for each Congress are also broken down by session, from the 80th Congress through the 108th Congress, 1947 through 2004.
Figures 1...
The NATO Summit at Prague, 2002
In November 2002, the NATO allies met in Prague at the "Transformation" summit in an attempt to define part of the alliance's mission to combat against terrorism and the proliferation of weapons of mass destruction. They pledged to obtain the military capabilities to accomplish that mission. Not all allies agree on the implications of such policies. The allies also named seven states as eligible for membership. This report will not be updated. See also CRS Report RL32342 , NATO and the European Union , and CRS Report RS21659 , Prague Capabilities Commitments .
The 108th Congress did not complete action on legislation to reauthorize the block grant of Temporary Assistance for Needy Families (TANF), instead adopting short-term extensions. The latest extension funds the program through March 31, 2005. Though welfare reauthorization failed to receive final action, a bill ( H.R. 4 ) did pass the House and a substitute measure was reported from the Senate Finance Committee. The differences in the two bills highlight some of the contentious issues in the reauthorization debate.
The House-passed and Senate Finance Committee bills were very similar in...
Clear Skies and the Clean Air Act: What's the Difference?
The 109th Congress, like the two before it, is expected to consider proposals to control emissions of multiple pollutants from electric power plants. The bills include an Administration-based proposal, the Clear Skies Act ( S. 131 ), which would control emissions of sulfur dioxide (SO2), nitrogen oxides (NOx), and mercury, and other bills that would control the three pollutants plus the greenhouse gas carbon dioxide.
Much of the debate surrounding the Administration’s Clear Skies proposal has focused on its cap-and-trade implementation scheme. But in some ways, the proposal’s...
Terrorist Financing: The 9/11 Commission Recommendation
Although efforts to seize terrorist funds have met with some success, in July 2004, the 9/11 Commission asserted that the likelihood of being able to continue freezing funds may diminish as terrorists seek increasingly more informal methods of earning and moving money. The financial support of terrorism involves both earning funds, through legal and illegal means, and the illicit movement of money to terrorist groups. The Commission recommended that the U.S. government shift the focus of its efforts to counter terrorist financing from a strategy based on seizing terrorist assets to a...
Class Actions and Legislative Proposals in the 109th Congress: Class Action Fairness Act of 2005
S. 5 , the Class Action Fairness Act of 2005 has three main sections: (1) an amendment to the federal diversity statute; (2) a provision regarding removal; and (3) a consumer class action "bill of rights." It would control and restrict class action lawsuits by shifting some of the suits from state to federal courts. This would be achieved by creating federal jurisdiction over class action suits when the total amount in dispute exceeds $5,000,000 and when any plaintiff lives in a state different from that of any defendant. The bill would treat certain "mass actions" with more than 100...
The Broader Middle East and North Africa Initiative: An Overview
The Broader Middle East and North Africa Initiative (BMENA) is a multilateral development and reform plan aimed at fostering economic and political liberalization in a wide geographic area of Arab and non-Arab Muslim countries. In December 2004, the first BMENA meeting took place in Rabat, Morocco and was called the "Forum for the Future."At the forum, foreign ministers and finance ministers of the countries in the region stretching from Morocco to Pakistan as well as from the countries of the G8 pledged to create several new development programs and committed $60 million to a regional...
On February 1, 2005, final regulations to implement a new human resources management system for the Department of Homeland Security ("DHS") were published. The regulations provide for the organization of the new personnel system, describing, among other topics, the use of pay bands, how jobs will be evaluated, and how pay will be administered. In addition, subpart E of the final regulations defines the department's labor relations system. This report compares the provisions of the final regulations with similar provisions from title 5, chapter 71 of the U.S. Code . Although...
High School Completion and Postsecondary Enrollment Among First Generation and Low-Income Students
The Higher Education Act (HEA) supports several programs that provide services and incentives to disadvantaged students to help increase their educational attainment. Foremost among these programs are the federal TRIO programs and the Gaining Early Awareness and Readiness for Undergraduate Program (Gear Up). These programs are primarily intended for individuals who are from low-income families and would be the first in their family to attain a college degree. This report reviews available data on these populations and attempts to measure the extent to which high school graduates from these...
Anti-Tax-Shelter and Other Revenue-Raising Tax Proposals Considered in the 108th Congress
Several bills introduced in the 108th Congress included revenue-raising provisions, particularly those aimed at tax shelters that are generally used by corporations. In 2003, anti-sheltering provisions were included in several bills. This report is an overview of the revenue-raising provisions in the original reported versions of H.R. 2896 and S. 1637 and the final anti-sheltering bill as enacted.
Government Activities to Protect the Electric Grid
The electric utility system is vulnerable to outages caused by a range of activities, including system operator errors, weather-related damage, and terrorist attacks. The main risk from a successful terrorist attack against the electric power industry would be widespread power outages lasting for an extended period of time. While the electric utility industry has the primary responsibility for protecting its assets, federal and state government agencies also have been addressing physical security concerns. This report provides a description of initiatives within the Federal...
Medical Records Privacy: Questions and Answers on the HIPAA Rule
The HIPAA privacy rule gives patients the right of access to their medical information and prohibits health plans and health care providers from using or disclosing individually identifiable health information without a patient's written authorization except as expressly permitted or required by the rule. Plans and providers are permitted to use and disclose health information for treatment, payment, and other routine health care operations and for various specified national priority activities (e.g., law enforcement, public health, research). Providers may also share certain information...
Hong Kong-U.S. Economic Relations
Hong Kong is described by many observers as having the world's freest economy due to its low tax, free trade, and strong rule of law policies. Hong Kong is an important U.S. trading partner and serves as a gateway for many U.S. companies doing business in China. For those reasons, the continued economic autonomy of Hong Kong is of concern to Congress, as are a variety of trade issues such as the effectiveness of Hong Kong's export control regime on dual-use technologies, and protection of U.S. intellectual property rights. This report will be updated as events warrant.
Unemployment Benefits: Legislative Issues in the 108th Congress
Changes in the federal-state unemployment compensation (UC) system were considered during the 108th Congress as legislation was introduced to reform and expand the UC system. The 107th Congress enacted the Temporary Extended Unemployment Compensation (TEUC) program ( P.L. 107-147 ), which included a 13-week extension of UC benefits, an $8 billion distribution to states, and 13 additional weeks of extended UC benefits in high unemployment states. These temporary benefits were extended twice during the 108th Congress, ( P.L. 108-1 and P.L. 108-26 ) extending eligibility through the week...
Unfunded Mandates Reform Act Summarized
This summary of the Unfunded Mandates Reform Act (UMRA) of 1995 will assist Members of Congress and staff seeking succinct information on the statute. The term “unfunded mandates” generally refers to requirements that a unit of government imposes without providing funds to pay for costs of compliance. UMRA establishes mechanisms to limit federal imposition of unfunded mandates on other levels of government (intergovernmental mandates) and on the private sector. The act establishes points of order against proposed legislation containing an unfunded intergovernmental mandate, requires...
How to Find Information in a Library and on the Internet
This report includes background directories, current information, reference books, and websites for government, politics, legislation, and other sources. It lists a number of Internet search engines, which can be used at many public libraries and also suggests guides on how to search, including one for kids.
Fairness in Asbestos Injury Resolution Act of 2004 (S. 2290, 108th Congress)
This report provides an overview of S. 2290 , 108th Congress, the Fairness in Asbestos Injury Resolution Act of 2004 (or FAIR Act of 2004), as introduced by Senator Hatch on April 7, 2004 and placed on the Senate legislative calendar. S. 2290 was a revised version of S. 1125 , 108th Congress, as reported by the Senate Committee on the Judiciary ( S.Rept. 108-188 ). (1) A cloture vote failed on April 22, 2004, and S. 2290 was never voted on. S. 2290 would have created the Office of Asbestos Disease Compensation, within the Department of Labor, to award damages to asbestos claimants...
The State Department's new Office of the Coordinator for Reconstruction and Stabilization (S/CRS) is intended to address longstanding concerns, both within Congress and the broader policy community, over what is seen as inadequate planning mechanisms for stabilization and reconstruction operations, lack of inter-agency coordination in carrying out such tasks, and inappropriate capabilities for many of the non-military tasks required. Effectively distributing resources among the various executive branch actors, maintaining clear lines of authority and jurisdiction, and balancing short- and...
Lead in Drinking Water: Washington, DC, Issues and Broader Regulatory Implications
Lead from various sources poses a key environmental threat to children’s health, and the regulation of lead in drinking water has been a key component of federal efforts to reduce exposures to lead. Lead contamination of drinking water became a major issue in Washington, DC, in 2004, when news reports revealed marked increases in the levels of lead in tap water. The local water authority’s failure to effectively inform the public about the high lead levels angered citizens and damaged public trust in the local water supply. These events led policy makers to examine the adequacy of the...
Wildfire Protection in the 108th Congress
Many argue that the threat of severe wildfires has grown in recent years, because of excessive forest fuels and an increasing number of homes in or near forests. In 2003, President Bush proposed a Healthy Forests Initiative, with numerous regulatory changes to expedite fuel reduction activities. The 108th Congress enacted the Healthy Forests Restoration Act of 2003 to provide an expedited process for fuel reduction activities and other related programs, and the Southwest Forest Health and Wildfire Prevention Act of 2004 to fund research and promote adaptive management in Ponderosa pine...
The Special Summit of the Americas held on January 12 and 13, 2004, in Monterrey, Mexico was the first meeting of all democratic heads of state from Latin America, the United States and Canada that are members of the Organization of American States (OAS) since the Quebec Summit in April 2001. At the Monterrey Summit, leaders discussed broad issues affecting countries in the hemisphere at length, such as free trade and corruption. Their primary accomplishment, however, was to renew their commitments to implementing the Quebec City Summit Declaration and Plan of Action by issuing the...
Vacancies and Special Elections: 108th Congress
There were seven vacancies in the 108th Congress, all in the House. One, in the 2nd District of Hawaii, was caused by the death of the incumbent, who had been re-elected posthumously to the 108th Congress. Five other vacancies were caused by the resignation of the incumbent in the 19th District of Texas, the 6th District of Kentucky, the at-large district of South Dakota, the 1st District of North Carolina, and the 1st District of Nebraska. The seventh vacancy, in the 5th District of California, was caused by the death of the incumbent three days before the 109th Congress, to which he had...
IRS Guidelines for Political Advocacy by Exempt 501(c) Organizations: Revenue Ruling 2004-6
IRS Revenue Ruling 2004-6 provides guidance on the definition of "exempt function" in section 527 of the Internal Revenue Code. The ruling, released in December 2003, was intended to be an election-year reminder to tax-exempt 501(c)(4), 501(c)(5), and 501(c)(6) organizations that, in addition to their responsibility to comply with campaign finance laws, they are subject to tax on certain political expenditures. (1) The ruling lists criteria that the IRS uses when determining whether an expenditure for an issue advocacy communication is taxable and provides examples. 1. IRS News...
Martial Law and National Emergency
Crises in public order, both real and potential, often evoke comments concerning a resort to martial law. While some ambiguity exists regarding the conditions of a martial law setting, such a prospect, nonetheless, is disturbing to many Americans who cherish their liberties, expect civilian law enforcement to prevail, and support civilian control of military authority. An overview of the concept of, exercise of, and authority underlying martial law is provided in this report, which will be updated as events warrant.
Telephone Bills: Charges on Local Telephone Bills
Telephone bills are becoming more and more complex and such change and complexity occasion congressional and regulatory attention as well as constituent requests for explanation of new charges on their bills. As local telephone companies provide additional caller services and continue to act as billing agents for long-distance and information service providers, a customer's local bill can include charges for myriad options that did not exist a few years ago. Bills may now contain charges labeled federal subscriber line charge, presubscribed interexchange carrier charge, "national...
Capital Income Tax Revisions and Effective Tax Rates
Several temporary provisions affecting the taxation of capital income were adopted in the 2001-2003 period. These provisions include lower individual tax rates, bonus depreciation (which allows part of the cost of equipment to be deducted upon acquisition), and lower individual income tax rates on dividends and capital gains. Bonus depreciation has expired, but there are some indications such provisions might be included as part of a major tax reform; the other provisions remain currently in effect. This study measures their effect on tax burdens on income from different prospective...
Grain Transport: Modal Trends and Infrastructure Implications
This report examines the grain-handling system and the infrastructure that supports it. The first part of the report briefly identifies transportation funding issues before Congress that are particularly relevant to grain shippers. The report then describes how grain is delivered to market, including long-term trends taking place and the underlying reasons for those trends. The final part identifies some of the implications these trends have for targeting future investment in the grain-handling system.
United States Olympic Committee Reform
Over the past ten years, a number of scandals involving the United States Olympic Committee (USOC) have shaken the public’s confidence in the USOC’s ability to effectively lead the American Olympic movement. In particular, critics have leveled significant criticism at the USOC’s governance structure, leading to repeated calls for Congress to step in and make changes to the way the USOC is run. In response, in the 108th Congress, there were four bills proposing structural and procedural reform of the USOC. While the four bills differed in their approaches, they all followed the general...
Pakistan's primary education system ranks among the world's least effective. The Bush Administration, Congress, and the 9/11 Commission each have identified this issue as relevant to U.S. interests in South Asia. Legislation passed by the 108th Congress called for U.S. support to "improve and expand access to education for all [Pakistani] citizens" and required the Secretary of State to report on Pakistan's education reform strategy and the U.S. strategy to provide relevant assistance. This report reviews education reform efforts in Pakistan and U.S. assistance, and includes discussion of...
During the 108th Congress, the House of Representatives and the Senate Finance Committee approved two different versions of a bill that would have reauthorized and revised the Temporary Assistance for Needy Families (TANF) Block Grant. This legislation, H.R. 4 , also included many changes to the Child Support Enforcement (CSE) program. H.R. 4 was passed by the House in February 2003. The Senate Finance Committee reported a substitute version of the bill in September 2003 ( S.Rept. 108-162 ). On March 29-April 1, 2004, the Senate debated H.R. 4; disagreement arose regarding amendments to...
Satellite Television: Historical Information on SHVIA and LOCAL
Congress has passed several laws to provide consumers greater access to local network television stations, particularly via satellite. The 1988 Satellite Home Viewer Act (SHVA), amended in 1994, was expanded in 1999 with the Satellite Home Viewer Improvement Act (SHVIA). SHVIA allows (not requires ) satellite companies to retransmit a local broadcast network signal back into the same local market area from which it originates ("local-into-local"). Concerned that satellite TV companies do not plan to offer local-into-local in all parts of the country, Congress then passed the Launching Our...
Natural Gas Prices and Market Fundamentals
Intermittently high, volatile natural gas prices since 2000 have raised concern among all types of consumers. Residential customers have seen gas bills increase dramatically during the heating season. Industrial consumers have seen costs increase, which reduces their competitiveness. Because the price of natural gas at the consumer level is a mixture of market forces and regulation, explaining the behavior of price can be difficult. Debate in the 108th Congress concerning the energy bill ( H.R. 6 ), considered provisions which are intended to improve long term natural gas supplies in...
Overview of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003
On December 8, 2003, the President signed the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, P.L. 108-173 . On November 22, 2003, the House of Representatives voted 220 to 215 to approve H.R. 1 , the Medicare prescription drug and modernization conference agreement. The Senate voted 54 to 44 to approve the conference agreement on November 25.
The Act creates a prescription drug benefit for Medicare beneficiaries and establishes a new Medicare Advantage program to replace the current Medicare+Choice program. The prescription drug benefit, which begins in 2006,...
Iraq Reconstruction Resources: Fact Sheet
This fact sheet provides Internet links to the federal agencies or departments currently involved in the contracting process, along with their specific Iraq reconstruction programs underway or proposed. It provides overview information on federal agency contract solicitations, application procedures, and contact information where appropriate.
Student Loan Issues and the Reauthorization of the Higher Education Act
The federal government operates two major student loan programs: the Federal Family Education Loan (FFEL) program, authorized by Part B of Title IV of the Higher Education Act (HEA), and the William D. Ford Direct Loan (DL) program, authorized by Part D of Title IV of the HEA. These programs provide loans to undergraduate and graduate students and the parents of undergraduate students to help them meet the costs of postsecondary education. Together, these programs provide more direct aid to support students' postsecondary educational pursuits than any other source. In FY2003, they provided...
Mexico's Counter-Narcotics Efforts under Fox, December 2000 to October 2004
This report provides information on Mexico’s counter-narcotics efforts during the first four years of the presidency of Vicente Fox. Special emphasis is placed on calendar year 2003, covered by the State Department’s March 2004 report on international narcotics control, and the first six months of 2004, covered in President Fox’s September 2004 “State of the Nation” report. This report will be updated when warranted by events.
Share of Traffic. According to the State Department, an estimated 70 percent of the U.S.-bound cocaine shipments pass through Mexican territory, a higher...
Floor Consideration of Conference Reports in the House
When a committee of conference approves its report, the next step in the legislative process is for the report, along with a joint explanatory statement of the managers, to be presented to the House and Senate for consideration. A conference report must be filed and considered in one chamber at a time, when a chamber is in possession of the official conference papers. The high privilege accorded to conference reports in the House under Rule XXII, clause 7(a) allows them to be presented or filed at almost any time the House is in session, provided that it is in possession of the conference...
The Bush Administration's Program Assessment Rating Tool (PART)
Federal government agencies and programs work to accomplish widely varying missions. These agencies and programs employ a number of public policy approaches, including federal spending, tax laws, tax expenditures, and regulation. Given the scope and complexity of these efforts, it is understandable that citizens, their elected representatives, civil servants, and the public at large would have an interest in the performance and results of government agencies and programs. Evaluating the performance of government agencies and programs has proven difficult and often controversial. In spite...
The House and Senate must approve an identical version of a measure before it may be presented for the President’s approval or veto. If the House and Senate approve differing versions of a measure, the differences must first be resolved. When the differences between the House and Senate are complex or controversial, the two chambers typically attempt to resolve those differences by going to conference.
Not all differences between the House and Senate versions of a measure, however, might be resolved through the conference process. When conferees are unable to resolve differences, they may...
Financial Aid for Students: Print and Web Guides
This report provides a list of books and Web addresses intended to help students locate financial aid. This list includes both general and comprehensive works, as well as ones targeted toward specific types of aid and circumstances (e.g., non-need-based scholarships, female and minority students, or students studying abroad).
Scientific Research and the Experimental Use Privilege in Patent Law
Congress has identified research and development (R&D) as important contributors to technological progress. The performance of R&D may have intellectual property ramifications, however. To the extent that researchers use patented inventions without authorization, they may face infringement liability. Although the courts recognize an exception to patent infringement known as the "experimental use privilege," this judicially created doctrine has been described as very narrow and rarely applied. In particular, the experimental use privilege applies only to uses done for amusement, to satisfy...
State Election Laws: Overview of Statutes Providing for Provisional Ballot Tabulation
This report provides a summary of state statutes providing for the tabulation of provisional ballots. The first section contains summaries of District of Columbia and state provisional voting tabulation statutes, organized in alphabetical order; the second section contains summaries of five state statutes providing for election-day registration (also known as "same-day registration"), organized in alphabetical order; and the third section contains a summary of one state statute providing that voter registration is not a requirement for voting. It is important to note that although...
Critical Infrastructure and Key Assets: Definition and Identification
The National Strategy for the Physical Protection of Critical Infrastructures and Key Assets (NSPP) details a major part of the Bush administration’s overall homeland security strategy. Implementing this Strategy requires clear definition of “critical infrastructures” and “key assets.” Although the Strategy provides such definitions, the meaning of “critical infrastructure” in the public policy context has been evolving for decades and is still open to debate.
Twenty years ago, “infrastructure” was defined primarily with respect to the adequacy of the nation’s public works.In the...
Indian Tribes and Welfare Reform
The 1996 welfare law ( P.L. 104-193 ) gives federally recognized Indian tribes (defined to include certain Alaska Native organizations) the option to design and operate their own cash welfare programs for needy children with funds subtracted from their state's block grant for Temporary Assistance to Needy Families (TANF). As of September 15, 2004, 45 tribal TANF plans were in operation in 16 states. Their annual rate of federal funding totaled $134.2 million. The 1996 law also appropriated $7.6 million annually for work and training activities to tribes in 24 states that operated a...
FY2005 Budget Documents: Internet Access and GPO Availability
Every year the President submits to Congress a series of volumes that provide the text of the President’s proposed budget for the coming fiscal year. Neither the Congressional Research Service (CRS) nor the Library of Congress can provide giveaway copies of these documents. This report provides brief descriptions of these budget volumes and related documents, together with Internet addresses, Government Printing Office (GPO) stock numbers, and prices to obtain these publications. It also tells how to find locations of government depository libraries, which can provide both printed...
Gasoline Supply: The Role of Imports
Gasoline demand in the United States has grown consistently during the past decade, increasing by a total of 20%. Between 1999 and 2003, gasoline consumption grew by 500,000 barrels per day, accounting for all of the increase in petroleum consumption during that period. While 2004 may see growth slow down because of high prices, during the first seven months of the year gasoline demand was up by another 1.9%. The fact that gasoline supply has not kept up with demand has been reflected in pump prices that have risen from $1.50 at the start of 2004 to as high as $2.06 per gallon in late...
This report identifies ways to locate the texts of the Constitution of the United States and the Declaration of Independence in various formats, from sources such as the U.S. Government Printing Office, the National Archives and Records Administration, the Historical Documents Company, the Library of Congress National Library Service for the Blind and Physically Handicapped, and the Law Library of Congress. It also lists Internet addresses where applicable.
The House has passed H.R. 1115 and the Senate Judiciary Committee has reported out S. 274 (both styled the Class Action Fairness Act of 2003). Each (1) creates a consumer class action bill of rights, and (2) allows the federal courts to try a greater number of large class action law suits (100 plaintiffs or more) arising out of state law where the parties come from diverse states. Current law requires that each plaintiff have suffered $75,000 in damages and that there be complete diversity before a state lawsuit may be filed in or removed to federal court, that is to say all of the...
The Enron Collapse: An Overview of Financial Issues
The sudden and unexpected collapse of Enron Corp. was the first in a series of major corporate accounting scandals that has shaken confidence in corporate governance and the stock market. Only months before Enron's bankruptcy filing in December 2001, the firm was widely regarded as one of the most innovative, fastest growing, and best managed businesses in the United States. With the swift collapse, shareholders, including thousands of Enron workers who held company stock in their 401(k) retirement accounts, lost tens of billions of dollars. It now appears that Enron was in...
China and the World Trade Organization
After many years of difficult negotiations, China, on December 11, 2001, become a member of the World Trade Organization (WTO), the international agency that administers multilateral trade rules. Under the terms of its WTO membership, China agreed to significantly liberalize its trade and investment regimes. A main concern for Congress is to ensure that China fully complies with its WTO commitments. According to U.S. government officials and many business representatives, China's WTO compliance record has been mixed.. This report will be updated as events warrant.
Vision 100: Historical Review of the Century of Aviation Reauthorization Act (P.L. 108-176)
The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (FAIR21 or AIR21; P.L. 106-181 ), which provided authorization for the Federal Aviation Administration (FAA) and related aviation programs, expired at the end of FY2003. Congressional debate on a new reauthorization bill took place during the 1st Session of the 108th Congress leading, finally, to a new reauthorization that extends FAA programs through FY2007.
A number of issues were considered during the reauthorization debate. The condition of the airline industry, while not directly addressed in the bills...
The United States Supreme Court created the now well-known Miranda warnings to preserve the right against self-incrimination provided by the Fifth Amendment of the Constitution and the right to counsel provided by the Sixth Amendment. These warnings provide that prior to questioning, individuals suspected of a crime must be informed of their right to remain silent, that anything they say may be used against them in court, that they have the right to an attorney, and if they cannot afford one, that a lawyer will be appointed to represent them. Miranda v. Arizona , 384 U.S. 425 (1966)....
Iraq: Transition to Sovereignty
Amid ongoing insurgency, the United States handed sovereignty to an Iraqi interim government on June 28. The Bush Administration maintains that the handover was a success and will begin a transition to democracy and stability. Critics assert that the handover does not appear to have diminished the anti-U.S. insurgency, threatening the transition roadmap developed by the United States and United Nations. Legal issues may arise regarding the validity of laws issued during the occupation, as well as the status of U.S. troops in Iraq. See CRS Report RL31339 , Iraq: U.S. Regime Change Efforts...
The NATO Summit at Istanbul, 2004
The NATO allies discussed such issues as Iraq, Afghanistan, and the Balkans at their summit in June 2004. Improved capabilities were a theme touching on a range of issues. The summit occurred at a moment when there is discontent in the alliance over the Bush Administration's handling of Iraq. This report may be updated. See also CRS Report RL32342 , NATO and the European Union , by Kristin Archick and Paul Gallis.
Cotton Production and Support in the United States
While cotton, along with other major crops, has been subsidized by the U.S. federal government since the 1930s, cotton subsidies are now in the focus of an international spotlight. The nature and extent of these subsidies have become a roadblock in negotiating multilateral and bilateral trade agreements. Sharp criticism came from the West and Central African countries during various Doha Round meetings. Also, efforts to create a Free Trade Area of the Americas (FAA) foundered at least partially over U.S. cotton subsidies. Now, Congress is watching to see if the United States will...
On June 14, 2004 the Supreme Court resolved a conflict among the federal circuits concerning the defenses, if any, that may be available to an employer against an employee's claim that she was forced to resign because of "intolerable" sexual harassment at the hands of a supervisor. An employer may generally assert an affirmative defense to supervisory harassment under the Court's 1998 rulings in Farager v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth . The defense is not available, however, if the harassment includes a "tangible employment action," such as discharge or...
Charitable Choice Provisions of H.R. 7
H.R. 7 , the Community Solutions Act, on July 19, 2001, won House passage by a vote of 233-198. The bill includes basic elements of President Bush’s faith-based initiatives: tax incentives for private giving -- scaled back from original proposals (Title I) -- and expansion of charitable choice (Title II). (Title III deals with individual development accounts.) H.R. 7 would apply to 9 new program areas “charitable choice” rules, which forbid discrimination on grounds of religion against faith-based organizations as providers of specified federally funded services. It includes provisions...
Consolidation Loans: Redesign Options and Considerations
This report provides background information on Federal Family Education Loan (FFEL) program consolidation loans and discusses options for redesigning consolidation loans. Specifically, it provides background information on the FFEL program and on the role consolidation loans play within the program. It also examines recent concerns voiced over the cost of consolidation loans, and discusses the types of consolidation loan redesign options that are receiving some consideration within the context of the reauthorization of the Higher Education Act (HEA). In brief, the report finds the...
The Individuals with Disabilities Education Act (IDEA) authorizes federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE and includes a provision for attorneys’ fees. Congress is presently considering reauthorizing IDEA. H.R. 1350 , 108th Congress, passed the House on April 30, 2003, by a vote of 251 to 171. On May 13, 2004, the Senate incorporated S. 1248 in H.R. 1350...
Federal and Non-Federal Support of University Based Research
The most recent data of the National Science Foundation shows total national R&D expenditures for university based research reached $36.333 billion in 2002. Between 1971 and 2002 university self financing of research increased at an average annual rate of 5.9%, compared to an average annual rate of 3.6% for the federal government. The academic community and some Members of Congress are concerned that rising federal deficits will constrain the growth of future academic research expenditures. According to the Chronicle of Higher Education , in FY2003, congressionally directed (earmarked)...
Overview of Management and Restoration Activities in the Salton Sea
The Salton Basin in southern California has supported many lakes and water bodies throughout its geological history. The most recent inland water body in the Basin is the Salton Sea, which was created from a levee break in 1905. The Salton Sea is the largest inland water body in California. In the past several decades the salinity of the Sea has been increasing, and is now considered a significant threat to the health of the current Salton Sea ecosystem. Ecosystem changes in the Sea were exemplified by several large die-offs of fish and birds that inhabit the Sea. Some of these events...
The capture and subsequent release of five Japanese civilians in two different hostage-taking situations by Islamic terrorist groups in Iraq in April 2004 underscored the high stakes for both the Japanese government of Prime Minister Junichiro Koizumi and for the U.S.-led coalition. Except for the small Communist and Socialist parties, Japanese political leaders across the board supported Koizumi's adamant stance against responding to the hostage-takers' demands that Japan withdraw its contingent of some 550 troops that were deployed to Samawah, in southern Iraq, in early 2004. While this...
Immigration: Diversity Visa Lottery
The diversity visa lottery offers an opportunity for immigration to nationals of countries that do not have high levels of immigration. Aliens from eligible countries had until noon on December 30, 2003 to submit their applications for the FY2005 diversity visa lottery. Aliens who are selected through the lottery, if they are otherwise admissible under the Immigration and Nationality Act (INA), may become legal permanent residents of the United States. Participation in the diversity visa lottery is limited annually to 55,000 aliens from countries that are under-represented among...
State Policies on Immigrant Eligibility for Temporary Assistance for Needy Families (TANF)
The eligibility of immigrants for major public assistance programs is an ongoing issue in Congress. Prior to 1996, immigrants, i.e., legal permanent residents (LPRs), were eligible for federal public assistance under terms comparable to citizens, and states were not permitted to restrict access to federal programs on the basis of immigration status. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( P.L. 104-193 ) -- the original law authorizing the Temporary Assistance for Needy Families (TANF) program -- dramatically changed noncitizen eligibility for public...
Military Base Closures: DOD's 2005 Internal Selection Process
The Department of Defense (DOD) is going through a process which will result in recommended actions for base realignment and closure (BRAC) in the United States. DOD is now preparing a list of BRAC actions designed to change the uses of its installations to conform to the current and future needs of its military forces. This list, after approval by the President, must be presented to Congress no later than November 2005. Congress can halt the execution of these actions by then enacting a joint resolution of disapproval within 45 days or before the adjournment sine die of the...
The Servicemembers Civil Relief Act (P.L. 108-189)
Recognizing the special burdens that members of the military may encounter in trying to meet their financial obligations while serving their country, Congress passed the Soldiers' and Sailors' Civil Relief Act of 1940 (SSCRA). This law has been amended from time to time, ordinarily in response to military operations that require the activation of the Reserves. P.L. 108-189 , the "Servicemembers Civil Relief Act (SCRA)," was enacted on December 19, 2003 and overhauls the SSCRA. This report summarizes the rights granted to persons serving on active duty in the U.S. Armed Forces under the...
Implementation of EPA's 8-Hour Ozone Standard
On April 15, 2004, the U.S. Environmental Protection Agency (EPA) designated areas in 32 states and the District of Columbia (474 counties in all) as "nonattainment areas" for a new ozone air quality standard. This standard was promulgated by EPA in 1997, but because of court challenges and other delays is just now being implemented. Designation begins a process in which the areas must adopt emission control programs sufficient to bring air quality into compliance. Deadlines will vary depending on the severity of the measured pollution. Areas failing to adopt adequate plans or failing to...
Medicare Advantage: What Does It Mean For Private Plans Currently Serving Medicare Beneficiaries?
The Medicare Prescription Drug, Improvement and Modernization Act of 2003 ( P.L. 108-173 ) added a voluntary prescription drug benefit to Medicare and established the Medicare Advantage program to replace the Medicare+Choice program. The act increases payments to private plans beginning in March 2004, creates a new competitive program in 2006, adds a regional program also in 2006, and creates a temporary program that requires traditional Medicare to compete with private plans in 2010. These changes were designed to increase private plan participation and to increase competition in...
The 2004 Attacks in Uzbekistan: Context and Implications for U.S. Interests
This report examines the bombings and other civil unrest that occurred in Uzbekistan on March 28-April 1, 2004. Implications for Uzbekistan and U.S. relations and assistance are examined. This report may be updated. Related products include CRS Report RS21238 , Uzbekistan ; and CRS Issue Brief IB93108, Central Asia , updated regularly.
"Curt Flood Act of 1998": Application of Federal Antitrust Laws to Major League Baseball Players
The "Curt Flood Act of 1998"( S. 53 , 105th Congress) (1) was narrowly directed at altering just one aspect of the anomalous situation under which professional baseball operates with an "exemption" from the antitrust laws. The measure added a new section (Section 26b) (2) to the Clayton Act (15 U.S.C. Sections 12 et seq. ) to clarify that major league baseball players would be covered under the federal antitrust laws to the same extent as are other professional athletes, and defined "major league baseball players" as persons who are or were parties to major league players' contracts....
Iraq Coalition: Public Opinion Indicators in Selected European Countries
Several European countries currently contribute military forces to U.S.-led coalition operations to stabilize Iraq, one year after the start of the war against former Iraqi leader Saddam Hussein. Many European governments have sent troops to Iraq despite strong domestic opposition, although the level of opposition, as measured by opinion polls, varies from country to country and can show changes over time. The March 2004 terrorist attacks in Madrid and the announcement by the new Spanish government that it would likely remove Spanish troops from Iraq by July 2004 have raised questions...
Foreign Trade Effects of an Alaskan Natural Gas Pipeline
The Energy Information Administration (EIA), in the Annual Energy Outlook 2004 (AEO), projects increased demand for imported natural gas through 2025. The AEO reference case forecast assumes a natural gas pipeline will begin delivering Alaskan natural gas to the lower 48 state consuming markets in 2018. H.R. 6 , the omnibus energy bill, contains provisions to enhance the future supply of natural gas through construction of a pipeline. This report examines the effects of an Alaska natural gas pipeline on the U.S. current account balance. The EIA finds that if the pipeline is not...
In the Notification and Federal Employee Antidiscrimination and Retaliation Act, (No FEAR Act), P.L. 107-174 , Congress found that federal agencies lacked accountability for enforcement of federal anti-discrimination and whistleblower statutes since any monetary judgment against an agency was paid from the Judgment Fund of the U.S. Department of Justice, rather than the agency's own operating budget. The Act addresses the problem by requiring agencies to reimburse the Treasury for any judgment or settlement of federal employee discrimination or whistleblower reprisal claims. In addition,...
Humanitarian Crisis in Haiti: 2004
Since armed rebels seized control of Haiti’s fourth largest city, Gonaives, on February 5, 2004, and protests calling for President Aristide’s resignation culminated in his departure on February 29, there has been increasing concern about a looming humanitarian crisis. With events on the ground constantly shifting and an increasing lack of security, assessments of the humanitarian situation remain fluid and subject to change. This report covers recent developments and the humanitarian response to the crisis by the United States and other international actors. It will be updated as...
Congressional Statistics: Bills Introduced and Laws Enacted, 1947-2003
This report is designed to fill the need for a simple tabulation of legislative workload. It provides the numbers of bills and joint resolutions introduced, and the numbers of public and private laws enacted, from the 80' Congress through the 108th Congress, first session (1947-2003).
Indonesian Separatist Movement in Aceh
Indonesia faces a major separatist insurgency in the province of Aceh in northern Sumatra. The Indonesian government has proposed autonomy for Aceh, but insurgents demand independence. Negotiations and cease-fires have been unsuccessful. Indonesian civilian leaders have been unable to control the Indonesian military, whose aggressive actions in Aceh produce frequent reports of human rights abuses and alienation of the populace. The Bush Administration has urged Indonesia to seek a political settlement; but it has been hesitant to deal with the military's actions and seeks renewed ties...
Homeland Security: Intelligence Support
Legislation establishing a Department of Homeland Security (DHS) ( P.L. 107-296 ) included provisions for an information analysis element within the new department. It did not transfer to DHS existing government intelligence and law enforcement agencies but envisioned an analytical office utilizing the products of other agencies -- both unevaluated information and finished reports -- to provide warning of terrorist attacks, assessments of vulnerability, and recommendations for remedial actions at federal, state, and local levels, and by the private sector. In January 2003,...
Analysis of S. 1709, 108th Congress: the Security and Freedom Ensured Act of 2003 (SAFE Act)
This report is a section by section explanation of the effects of S. 1709 , the SAFE Act, on current law. The SAFE Act was introduced in the 108th Congress “to amend the USA PATRIOT ACT to place reasonable limitations on the use of surveillance and the issuance of search warrants.”
Bundling Residential Telephone, Internet, and Video Services: Issues for Congress
This report discusses bundling and public policy issues for Congress. The federal Universal Service Fund - the federal subsidy program that assures affordable telephone rates for high-cost (rural) and low-income telephone customers as well as for schools, libraries, and rural health facilities - is supported by an assessment on interstate telecommunications revenues only. But it is difficult to identify the portion of revenues generated by a bundled service offering attributable to the interstate telecommunications portion of that bundle.
Bosnia and Kosovo: U.S. Military Operations
With the on-going requirements of U.S. military operations in Iraq and Afghanistan, the continuing peacekeeping deployments in the Balkans have come under congressional scrutiny to determine whether or not they could be safely reduced or terminated. This report examines the history and current status of U.S. military operations in the Balkans, and will be updated as events warrant. In Paris on December 14, 1995, the presidents of Bosnia, Croatia, and Serbia signed the peace settlement negotiated in Dayton, OH (Dayton Accords). The United Nations Security Council's Resolution 1031...
Aviation Security: Issues Before Congress Since September 11, 2001
The events of September 11, 2001 heightened concerns regarding aviation security in the United States. The ensuing debate in Congress focused on the degree of federal involvement needed to improve aviation security and restore public confidence in air travel. The Aviation and Transportation Security Act (ATSA, P.L. 107-71 , 115 Stat. 597) established the Transportation Security Administration (TSA) and contained provisions establishing a federal screener workforce and requiring screening of checked baggage using explosive detection systems. ATSA also significantly expanded the federal air...
Sensitive Security Information (SSI) and Transportation Security: Background and Controversies
In November 2003, the U.S. attorney's office in Miami dropped a criminal case against a former federal baggage screener charged with stealing from a passenger's luggage. The case was dropped because prosecutors feared that sensitive security information (SSI) would have to be disclosed. At issue is the ability of the Transportation Security Administration (TSA) to prosecute other dishonest agency employees in the future. Will the same dilemma that led to the dismissal of this particular case occur again? In recent months, this and other important issues relating to SSI have been raised....
The Individuals with Disabilities Education Act (IDEA) authorizes federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE. Originally enacted in 1975, the act responded to increased awareness of the need to educate children with disabilities and to judicial decisions requiring that states provide an education for children with disabilities if they provided an education for...
Comparisons of U.S. and Foreign Military Spending: Data from Selected Public Sources
This report lists and compares military expenditures of the United States and foreign nations using two sources: the London-based International Institute for Strategic Studies' (IISS) The Military Balance, and the U.S. State Department's World Military Expenditures and Arms Transfers (WMEAT). Although the IISS and the U.S. State Department aim to provide figures that are as consistent and accurate as possible, cross-national comparisons of defense spending are inherently imperfect. Available sets of figures are useful, but often do not correspond with one another for a variety...
Social Service Provisions in the CARE Act and the Charitable Giving Act
The CARE Act of 2003 ( S. 476 ), passed by the Senate on April 2, 2003, and the Charitable Giving Act of 2003 ( H.R. 7 ), passed by the House on September 17, 2003, would authorize an initial annual appropriation of $150 million (and needed sums for four years) for "compassion capital" grant funding. The bills contain some other social service provisions -- regarding the Social Services Block Grant and maternity group homes -- summarized in a table below. (Both bills concentrate on tax changes to promote charitable giving, which are not discussed in this report. For these tax provisions,...
The African Cotton Initiative and WTO Agriculture Negotiations
In World Trade Organization (WTO) Negotiations on agriculture, a group of African countries have proposed that all subsidies for cotton be eliminated by the end of four years. The proposal also advocates compensating African cotton producing countries for revenues estimated to be lost due to cotton subsidies. The United States, which provides substantial production-related subsidies to cotton producers, agrees that cotton subsidies distort trade, but maintains that the issue should be negotiated in a comprehensive manner. Disagreement over the African cotton initiative has blocked progress...
A Sketch of Supreme Court Recognition of Fifth Amendment Protection for Acts of Production
The Fifth Amendment to the United States Constitution declares in pertinent part that, "No person . . . shall be compelled in any criminal case to be a witness against himself." The United States Supreme Court has pointed that acts of production may fall within of the Fifth Amendment privilege against self-incrimination under some circumstances. To do so they must satisfy the privilege's general demands that require a (1) personal, (2) governmentally compelled, (3) incriminating, (4) testimonial, (5) communication. The act of production doctrine is easily misunderstood for a number...
Croatia: 2003 Elections and New Government
In parliamentary elections held on November 23, 2003, the Croatian Democratic Union (HDZ), a right-wing party of the late former wartime President Franjo Tudjman, won a plurality of the vote. The HDZ had dominated Croatia's political scene from 1990 until its defeat in the 2000 elections. Ivo Sanader, who succeeded Tudjman as HDZ party leader and refashioned the party along more moderate, less nationalistic lines, became Prime Minister of a minority government in December 2003. The Sanader government will likely face significant domestic challenges as well as close international scrutiny...
First Responder Resources: The Homeland Defense Equipment Reuse Program -- Description and Issues
There has been general support for providing additional equipment to state and local first responders to help them deal with potential terrorist attacks. The Homeland Defense Equipment Reuse (HDER) Program is a small program operated jointly by the Department of Energy (DOE) and the Office for Domestic Preparedness (ODP) of the Department of Homeland Security (DHS). HDER gives first responders identified by ODP excess radiological detection and related equipment obtained mainly from DOE sites and the Navy. (1) It was established in 2002 as a pilot project for large metropolitan areas to...
The Individuals with Disabilities Education Act (IDEA): Paperwork in Special Education
Congress is currently considering reauthorizing the Individuals with Disabilities Education Act (IDEA). H.R. 1350 , 108th Congress, was passed by the House on April 30, 2003. S. 1248 was reported out of committee by a unanimous vote on June 25, 2003. On November 21, 2003, a unanimous consent agreement providing for floor consideration of S. 1248 was adopted. Among the issues both bills address is the amount of paperwork special education teachers have to complete. This report will discuss some of the requirements of the law that give rise to paperwork, the available statistics on the...
Fair Credit Reporting Act: Preemption of State Law
Generally, the Fair Credit Reporting Act (FCRA) only preempts state laws that are inconsistent with the federal law. However, there are a number of specific provisions of the Fair Credit Reporting Act under which states may not enact laws that impose additional requirements or prohibitions. The original preemption provisions were set to expire at the end of 2003. After January 1, 2004, states would have been able to enact laws relating to the areas currently addressed only under federal law. However, the recently enacted Fair and Accurate Credit Transactions Act of 2003 ( P.L. 108-159...
Coup in Georgia [Republic]: Recent Developments and Implications
This report examines the ouster of Georgia's President Eduard Shevardnadze in the wake of a legislative election that many Georgians viewed as not free and fair. Implications for Georgia and U.S. interests are discussed. This report may be updated as events warrant. See also CRS Report 97-727 , Georgia; and CRS Issue Brief IB95024, Armenia, Azerbaijan, and Georgia , updated regularly.
United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)
Since 1950, the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has provided relief and social services to registered Palestine refugees living mostly in the West Bank and Gaza Strip, but also in Jordan, Lebanon, and Syria. Ninety-five percent of the UNRWA budget is funded through voluntary contributions from governments and the European Union. U.S. contributions to UNRWA come from the regular Migration and Refugee Assistance (MRA) account and also through the Emergency Refugee and Migration Assistance (ERMA) account. The U.S. contribution to UNRWA...
From Burma to Thailand: Refugee Flows and U.S. Policy
The ruling military junta in Burma, the State Peace and Development Council (SPDC), has been involved in a series of attacks against Burmese minorities. Refugees from Burma currently living in Bangladesh and Thailand come from a variety of ethnic groups that have fled attacks on their villages by the Burmese army and warlords. Seven ethnic groups—Shan, Karen, Karenni, Mon, Chin, Arakan, and Kachin—have been particularly victimized. Approximately 135,000 refugees from Burma reside in camps in Thailand. The United Nations High Commissioner for Refugees (UNHCR) has worked with the Thai...
Diplomatic Immunity: History and Overview
Since ancient times, the concept of diplomatic immunity has been recognized in relationships between sovereign entities. More recently, the Vienna Convention on Consular Relations served to codify customary practice concerning the recognition and scope of diplomatic immunity. This report describes the history behind the principle of diplomatic immunity, as well as international and domestic law concerning the scope of this immunity.
Federally Funded Research and Development Centers (FFRDCs) were first established during World War II to provide specific defense research and development (R&D) capabilities that were not readily available within the federal government or the private sector. The federal government currently operates 36 FFRDCs. Title III of the Department Homeland Security (DHS) Act ( P.L.107-296 ) calls for the creation of one or more FFRDCs , including a Homeland Security Institute. On September 10th, the DHS released a "Sources Sought" notice requesting that contractors indicate their interest in...
Election Reform and Electronic Voting Systems (DREs): Analysis of Security Issues
In July 2003, computer scientists from Johns Hopkins and Rice Universities released a security analysis of software purportedly from a direct recording electronic (DRE) touchscreen voting machine of a major voting-system vendor. The study drew public attention to a long-simmering controversy about whether current DREs are vulnerable to tampering that could influence the outcome of an election. Many innovations that have become familiar features of modern elections, such as the secret ballot and mechanical lever voting machines, originated at least in part as a way to reduce...
The History of the Blue Slip in the Senate Committee on the Judiciary, 1917-Present
The blue-slip process had its genesis in the Senate tradition of senatorial courtesy. Under this informal custom, the Senate would refuse to confirm a nomination unless the nominee had been approved by the home-state Senators of the President's party. The Senate Committee on the Judiciary created the blue slip (so called because of its color) out of this practice in the early 1900s. Initially, the blue slip permitted Senators, regardless of party affiliation, to voice their opinion on a President's nomination to a district court in their state or to a circuit court judgeship...
Genetically Engineered Soybeans: Acceptance and Intellectual Property Rights Issues in South America
U.S. soybean growers and trade officials charge that Argentina and Brazil -- the United States' two major export competitors in international soybean markets -- gain an unfair trade advantage by routinely saving genetically-engineered (GE), Roundup Ready (RR) soybean seeds from the previous harvest (a practice prohibited in the United States) for planting in subsequent years. These groups also argue that South American farmers pay no royalty fees on the saved seed, unlike U.S. farmers who are subject to a technology fee when they purchase new seeds each year. The cost saving to South...
The Environmental Protection Agency's FY2004 Budget
For FY2004, the President’s budget requested $7.6 billion in budget authority for the Environmental Protection Agency (EPA), $448 million (or 6%) less than the $8.1 billion current funding level. The House approved $8.0 billion in H.R. 2861 (H.Rept. 108-235) on July 25. Senate action is anticipated in September. The request consisted of $3.1 billion for EPA operating expenses, $3.1 billion for assisting state and local governments, and $1.4 billion for cleaning up Superfund toxic waste sites. Wastewater infrastructure needs and the future of Superfund are prominent topics.
Immigration of Religious Workers: Background and Legislation
A provision in immigration law that allows for the admission of immigrants to perform religious work is scheduled to sunset on September 30, 2003. Although the provision has a broad base of support, some have expressed concern that the provision is vulnerable to fraud. The foreign religious worker must be a member of a religious denomination that has a bona fide nonprofit, religious organization in the United States, and must have been in the religious vocation, professional work, or other religious work continuously for at least 2 years. Bills ( H.R. 2152 / S. 1580 ) to extend the...
European Union Candidate Countries: 2003 Referenda Results
The Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia held public referenda from March through September 2003 on becoming members of the European Union (EU). These nine countries plus Cyprus are expected to accede to the EU in May 2004, bringing the EU's total membership to twenty-five. This report briefly analyzes the referenda results and implications. It will not be updated. For additional information see CRS Report RS21344 , European Union Enlargement .
Debate over the future of federal support for highway research and development (RD) and technology deployment (TD) is part of the broader debate over reauthorization of federal policy regarding highway and transit programs. This report discusses the scope and nature of the RD and TD program of the Federal Highway Administration (FHWA) and surveys issues associated with its reauthorization.
Surface Transportation and Aviation Extension Legislation: A Historical Perspective
Congress is currently considering the issue of providing extension legislation to keep surface transportation and aviation programs operating beyond October 1, 2003. In the case of surface transportation, congressional authorizing and tax committees have been unable to reach final agreement on the details of a multi-year reauthorization bill. For aviation it is not clear that conference agreed upon legislation ( H.R. 2115 ) will be brought before either the House or the Senate before October 1st and may be reconsidered at a later date. In order to keep certain federal transportation...
NASA's Space Shuttle Columbia: Synopsis of the Report of the Columbia Accident Investigation Board
NASA's space shuttle Columbia broke apart on February 1, 2003 as it returned to Earth from a 16-day science mission. All seven astronauts aboard were killed. NASA created the Columbia Accident Investigation Board (CAIB), chaired by Adm. (Ret.) Harold Gehman, to investigate the accident. The Board released its report (available at http://www.caib.us ) on August 26, 2003, concluding that the tragedy was caused by technical and organizational failures. The CAIB report included 29 recommendations, 15 of which the Board specified must be completed before the shuttle returns to flight...
Redistricting and the Voting Rights Act: A Legal Analysis of Georgia v. Ashcroft
In Georgia v. Ashcroft, the Supreme Court found that a three-judge federal district court panel did not consider all of the requisite relevant factors when it examined whether the 2001 Georgia senate redistricting plan resulted in retrogression of black voters’ effective exercise of the electoral franchise in contravention of Section 5 of the Voting Rights Act of 1965, as amended (VRA). Section 5, which only applies to those states or political subdivisions that are considered “covered” under Section 4(b) of the VRA, requires that before any change in voting procedure can take effect, it...
Cloning: A Select Chronology, 1997-2003
This report includes a selected chronology of the events surrounding and following the cloning of a sheep from a single adult sheep cell by Scottish scientists, which was announced in February 1997. The project was cosponsored by PPL Therapeutics, Edinburgh, Scotland, which has applied for patents for the techniques used. This chronology also addresses subsequent reports of other cloning experiments, including the first one using human cells. Information on presidential actions and legislative activities related to the ethical and moral issues surrounding cloning is provided, as well as...
Zimbabwe is facing triple digit inflation, shortages of cash and fuel, and an adult HIV infection rate of 33.7%. The commercial farm sector has been severely damaged by land seizures, and both food production and tobacco exports are declining. The government of President Robert Mugabe, now 79, has taken some measures to deal with economic problems, but these have not proven effective. Meanwhile, the political situation remains stalemated despite reports of possible talks between the ruling party and the opposition. Opposition leader Morgan Tsvangirai is facing treason charges, and human...
Global Climate Change: U.S. Greenhouse Gas Emissions - Status, Trends, and Projections
According to the summary, this report reviews U.S. emissions of greenhouse gases in the contexts both of domestic policy and of international obligations and proposals.
The Federal Arbitration Act: Background and Recent Developments
Enacted in 1925, the Federal Arbitration Act (“FAA”) seeks to ensure the validity and enforcement of arbitration agreements in any “maritime transaction or . . . contract evidencing a transaction involving commerce.” In general, the FAA evidences a national policy favoring arbitration. However, the application of the FAA to various types of arbitration agreements has been the subject of numerous lawsuits. As more employers and businesses use arbitration agreements as a way to avoid the judicial system for resolving disputes, Congress may become more involved by amending the FAA or by...
Global Climate Change: U.S. Greenhouse Gas Emissions -- Status, Trends, and Projections
This report reviews U.S. emissions of greenhouse gases in the contexts both of domestic policy and of international obligations and proposals. On October 15, 1992, the United States ratified the United Nations Framework Convention on Climate Change (UNFCCC), which entered into force on March 21, 1994. This committed the United States to "national policies" to limit "its anthropogenic emissions of greenhouse gases," with a voluntary goal of returning "emissions of carbon dioxide [CO2] and other greenhouse gases [methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons...
On June 27, 2003, the Senate passed the Prescription Drug and Medicare Improvement Act of 2003 ( S. 1 ) and the House passed the Medicare Prescription Drug and Modernization Act of 2003 ( H.R. 1 ). Title II of each bill would establish a new Medicare managed care program to replace the current Medicare+Choice program. Under S. 1 , Title II would establish the MedicareAdvantage (MA) program to replace the M+C program. The MA program would continue to offer coordinated care and other plans on a county-wide basis as under current law. The bill would also establish regional Preferred...
Congressional Redistricting: Is At-Large Representation Permitted in the House of Representatives?
Section 2c of Title 2 of the U.S. Code requires members of the House of Representatives to be elected from single-member districts, however, Section 2a(c) requires Representatives to be elected at large if a state fails to create new districts after the reapportionment of seats following a decennial census. These apparently contradictory provisions raise questions about whether and under what circumstances federal law permits at-large representation in the House of Representatives. The legislative history of 2 U.S.C. § 2c is sparse because it was adopted as a Senate floor amendment to a...
Copies of the Constitution of the United States and the Declaration of Independence are available from many sources, including the Internet. This report provides information on selected sources, both governmental and private, and is not intended to be all inclusive.
Mexico's Congress and July 2003 Elections
On July 6, 2003, Mexico held nation-wide elections to renew the membership of the 500-seat Chamber of Deputies and to elect local officials in ten states. Coming at the mid-point of the six-year term of President Vicente Fox, these elections, by determining the balance of power in the lower chamber of Congress, significantly affect President Fox's ability to enact his programs and set the stage for coming presidential elections in 2006. Official results indicate that President Fox's conservative National Action Party (PAN) fared poorly, while the long-ruling centrist...
The United States Territories—American Samoa, Guam, Northern Mariana Islands, and the U. S. Virgin Islands—all receive federal funding for their roads and highways. The Territories’ treatment under the Federal-Aid Highway Program (FAHP), however, differs significantly from that of the 50 states and the District of Columbia. Prior to 1970 most of the road construction and maintenance activity was financed and carried out by the territorial governments. In 1970, Congress established the Territorial Highway Program (THP) in the Federal-Aid Highway Act of 1970 (P.L. 91-605). The Act authorized...
Jordan-U.S. Free Trade Agreement: Labor Issues
The U.S.-Jordan Free Trade Agreement (FTA), implemented as P.L. 107-43 , which went into effect December 17, 2001, breaks new ground by including multiple worker rights provisions in the body of a U.S. trade agreement, rather than as a side agreement, for the first time. For this reason, it adds some controversy to the congressional debate over whether worker rights provisions should be included in future trade agreements. Some observers eye this configuration of worker rights protections as a model for future trade agreements; others view it as a one-time occurrence justified only...
Geographical Indications and WTO Negotiations
The issue of expanding intellectual property protections for geographical indications for wines, spirits, and agricultural products is being debated in the World Trade Organization (WTO). Geographical indications are important in international trade because they are commercially valuable. Some European and developing countries want to establish tougher restrictions and limits on the use of geographical names for products, while the United States and associated countries argue that the existing level of protection of such terms is adequate. Decisions about the future scope of protection of...
The 108th Congress is considering two major bills to provide tax incentives to increase the supply of, and reduce the demand for, fossil fuels and electricity: S.1149, the Energy Tax Incentives Act of 2003, approved by the Senate Finance Committee (SFC) on April 2, 2003 (superseding S. 597), and H.R. 6, introduced as H.R. 1531 and approved by the House on April 11, 2003, by a vote of 247-175.
Financial Management in the Federal Government: Efforts to Improve Performance
This report provides an overview of efforts to reform and improve financial management in the federal government in the last 25 years. The Federal Managers Financial Integrity Act of 1982, generally regarded as the first of these efforts, was intended to strengthen internal controls and accounting systems. The Chief Financial Officers Act of 1990 followed and created a new leadership structure for financial management, including two new positions in the Office of Management and Budget and 24 chief financial officer (CFO) and deputy CFO positions in the major executive departments and...
The Environmental Protection Agency's FY2003 Budget
In the 107th Congress, S. 2797 (S.Rept. 107-222) would have provided $8.30 billion for EPA in FY2003. H.R. 5605 (H.Rept. 107- 740) would have provide $8.20 billion. Both bills would restore much of the water infrastructure funding but there was no final action by the end of Congress. Continuing resolutions funded at the same level as in FY2002. In the 108th Congress, P.L. 108-7 (H.J.Res. 2) provides EPA with $8.08 billion for FY2003.
U.S. Tobacco Production, Consumption, and Export Trends
Examination of historical tobacco data reveals a declining long-term trend in the utilization of tobacco by U.S. manufacturers and leaf exporters. While world tobacco exports increased over the past two decades, U.S. leaf tobacco exports declined in relative and absolute terms. Cigarette manufacturers have been increasing the use of less expensive foreign tobacco and decreasing the use of more costly U.S.-grown tobacco. Now, actions taken as a result of the 1998 Master Settlement Agreement between cigarette manufacturers and states' attorneys general are further diminishing the consumption...
Budget Enforcement Procedures : Senate's Pay-As-You-Go (PAYGO) Rule
This report describes the legislative history of the Senate's PAYGO rule, explains its current features, and reviews Senate actions under the rule .
U.S. - European Union Disputes in the World Trade Organization
U.S.-EU relations have been affected by a number of trade disputes in recent years. While the majority of trade disputes do get resolved, attempts to settle some of the disputes have been met with refusal or inability by one or another of the parties to comply in a timely manner with the World Trade Organization (WTO) panel rulings. The 108th Congress inherits several of these disputes where the WTO has ruled that U.S. laws violate trade obligations. Absent U.S. compliance through legislative action, the EU could in some cases decide to retaliate against U.S. exports this year or next. In...
Local Telephone Competition: A Brief Overview
One of the central goals of the Telecommunications Act of 1996 (P. L. 104-104) is to promote competition in the local(exchange) telephone market. The 1996 Act attempts to foster this competition by, among other provisions, requiring that the local monopoly infrastructure be opened up to competitors. The Federal Communications Commission (FCC) has been tasked with implementing a series of rulemakings to achieve this goal. In the seven years since the Act's passage, policy makers have continued to debate the extent to which this goal has been realized. Although the local telephone market...
Severe Acute Respiratory Syndrome (SARS): Public Health Situation and U.S. Response
Severe Acute Respiratory Syndrome (SARS) is a new influenza-like disease; the overall case fatality rate is currently estimated to be about 15%. Scientists have isolated a previously unknown type of coronavirus which they believe is the cause of the disease. The genetic material of the SARS virus has been sequenced and this may be helpful in determining the origin of the virus and understanding its behavior as well as developing a treatment and a vaccine. Currently, all tests for SARS infection are considered experimental. The World Health Organization (WHO) and others are working...
Trends in U.S. Foreign Food Aid, FY1992-FY2002
Over the 11-year period from FY1992 to FY2002, more than 50 types of agricultural commodities have been donated to more than 100 countries through U.S. food aid programs. The Agricultural Trade Development and Assistance Act of 1954, the Food for Progress Act of 1985, and the Agricultural Act of 1949 established three main U.S. food aid programs: Public Law 480 (P.L. 480), Food for Progress (FFP), and Section 416(b) to meet humanitarian needs, alleviate malnutrition, and establish a market presence in recipient countries. Three other food aid programs are the Bill Emerson Humanitarian...
Campaign Finance: Brief Overview of District Court Opinion in McConnell v. FEC
On March 27, 2002, the President signed into law the Bipartisan Campaign Reform Act of 2002 (BCRA), P.L. 107-155 ( H.R. 2356 , 107th Cong.), which was also known as the McCain-Feingold campaign finance reform legislation prior to enactment. Most provisions of the new law became effective on November 6, 2002. Shortly after President Bush signed BCRA into law, Senator Mitch McConnell filed suit in U.S. District Court for the District of Columbia against the Federal Election Commission (FEC) and the Federal Communications Commission (FCC). Ultimately, eleven suits challenging the campaign...
The United Nations Security Council -- Its Role in the Iraq Crisis: A Brief Overview
On September 12, 2002, President Bush in his address to the U.N. General Assembly, focused on Iraq and its failure to comply with various resolutions adopted by the U.N. Security Council. He urged the Council to act in the face of such repeated violations. On November 8, 2002, the Council responded, adopting Resolution 1441 (2002) unanimously. This short report provides background information on what the U.N. Security Council is and what it does, including the occasions when it has authorized the use of force or its equivalent. As the U.N. organ having primary responsibility for the...
"Innocent Landowners" and "Prospective Purchasers" Under the Superfund Act
The Superfund Act contains several mechanisms that eliminate or contain liability, or reduce liability-related transaction costs, normally incurred under the Act by persons that acquire contaminated land. This report covers three of them. Two mechanisms use innocent landowner status -- "innocent" referring to a landowner's lack of actual or constructive knowledge on the date of site acquisition as to the presence of hazardous contamination there. The third is based on the bona fide prospective purchaser concept, and is intended to encourage redevelopment of sites known at the time of...
This report provides a brief summary of the last round of NATO enlargement. The report analyzes the key military and political issues in the debate over seven prospective members named at NATO's Prague summit. It then provides an overview of the positions of the allies and of Russia on enlargement, citing the effects of the terrorist attacks of September 11, 2001, on the United States. It concludes with a discussion of recent legislation on enlargement. This report will be updated as needed. See also CRS Report RS21354 , The NATO Summit at Prague, 2002 , CRS Report RL30168, NATO...
A Brief Summary of the HIPAA Medical Privacy Rule
This report provides a brief overview of the modified HIPAA Privacy rule, “Standards for the Privacy of Individually Identifiable Health Information”(“privacy rule”) published on August 14, 2002 by the Department of Health and Human Services (HHS). Issuance of the modified Privacy Rule by the Bush Administration is the culmination of a decades long debate over access to medical records that has pitted privacy advocates and civil libertarians against employers and much of the health care industry. As required by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), a...
Compliance with the HIPAA Medical Privacy Rule
As of April 14, 2003, most health care providers (including doctors and hospitals) and health plans are required to comply with the new Privacy Rule mandated by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and must comply with national standards to protect individually identifiable health information. The HIPAA Privacy Rule creates a federal floor of privacy protections for individually identifiable health information; establishes a set of basic consumer protections; institutes a series of regulatory permissions for uses and disclosures of protected health...
The Bill Emerson Humanitarian Trust: Background and Current Issues
The Bill Emerson Humanitarian Trust is becoming a critical component of the U.S. response to humanitarian food emergencies in Africa, Iraq, and elsewhere. The Trust, as presently constituted, was enacted in the 1998 Africa Seeds of Hope Act ( P.L. 105-385 ). It replaced the Food Security Commodity Reserve established in 1996 and its predecessor the Food Security Wheat Reserve of 1980. The Trust is a reserve of up to 4 million metric tons of wheat, corn, sorghum and rice that can be used to help fulfill P.L. 480 food aid commitments to developing countries under two conditions: (1) to meet...
Transit Program Reauthorization in the 108th Congress
This report discusses the re authorization of transit programs funded by the Federal Transit Administration’s (FTA).
The Endangered Species Act: Consideration of Economic Factors
The Endangered Species Act (ESA) provides for the listing and protection of species that are found to be "endangered" or "threatened" -- species that might become extinct. The listing of a species as endangered triggers the prohibitions in the act against "taking" (killing or harming) individuals of the protected species, unless a permit is obtained to take individuals incidental to an otherwise lawful proposed action, or an exemption for the proposed action is obtained. Unauthorized taking of a listed species can result in civil or criminal penalties. These prohibitions and potential...
U.S. Use of Preemptive Military Force
This report reviews the historical record regarding the uses of U.S. military force in a "preemptive" manner, an issue that emerged during public debates prior to the use of U.S. military force against Iraq in 2003. It examines and comments on military actions taken by the United States that could be reasonably interpreted as preemptive in nature. For purposes of this analysis a preemptive use of military force is considered to be the taking of military action by the United States against another nation so as to prevent or mitigate a presumed imminent military attack or use of force by...
International Law and the Preemptive Use of Force Against Iraq
On March 19, 2003, the United States, aided by Great Britain and Australia, initiated a military invasion of Iraq. Both the U.S. and Great Britain contended that they had sufficient legal authority to use force against Iraq pursuant to Security Council resolutions adopted in 1990 and 1991. But President Bush also contended that, given the "nature and type of threat posed by Iraq," the U.S. had a legal right to use force "in the exercise of its inherent right of self defense, recognized in Article 51 of the U.N. Charter." Given that the U.S. had not previously been attacked by Iraq,...
FY2004 Budget Documents: Internet Access and GPO Availability
Every year the President submits to Congress a series of budget volumes which provides the text of the President’s proposed budget for the coming fiscal year. Neither CRS nor the Library of Congress can provide giveaway copies of these documents. This report provides brief descriptions of these budget volumes and related documents, together with Internet addresses, Government Printing Office (GPO) stock numbers, and prices to obtain these publications.
Georgia's Pankisi Gorge: Russian Concerns and U.S. Interests
Georgia has faced difficulty in asserting control over its Pankisi Gorge area bordering Russia's breakaway Chechnya region. During 2002, Russia increasingly threatened to intervene in the Gorge, claiming that Chechen rebels and international terrorists based there were making forays into Russia. U.S. interest in the Gorge was spurred by evidence that terrorists there might have been linked to Al Qaeda, and the United States provided training and equipment to help Georgia reassert control over the area. This report may be updated. Related products include CRS Issue Brief IB95024, ...
Distribution of Child Support Collections
P.L. 104-193 , the 1996 welfare reform law, substantively changed the rules governing how child support collections are distributed among families, states, and the federal government. The general rules in effect as of October 1, 2000 are that child support collected during the time a family receives cash welfare belongs to the state; current child support and arrearages (past-due payments) that are owed to a family that is no longer receiving welfare belongs to the family; and child support owed to a family that never received welfare belongs to the family. This is referred to as the...
President Bush's Proposed Medicare-Endorsed Drug Discount Card Initiative: Status and Issues
On July 12, 2001, President Bush announced a Medicare-endorsed prescription drug discount card program to help seniors lower their out-of-pocket drug costs. The President stated that the discount card program would be an interim measure until a broader Medicare prescription drug benefit for seniors can be created. Many seniors do not have adequate prescription drug coverage. In 1998, an estimated 10 million elderly people, or 27% of Medicare beneficiaries, did not have any form of prescription drug coverage. The Administration planned to implement the card program in January 2002, but...
India and Pakistan: U.S. Economic Sanctions
In 1998, India and Pakistan each conducted tests of nuclear explosive devices, drawing world condemnation. The United States and a number of India's and Pakistan's major trading partners imposed economic sanctions in response. Most U.S. economic sanctions were lifted or eased within a few months of their imposition, however, and Congress gave the President the authority to remove all remaining restrictions in 1999. The sanctions were lifted incrementally. President Bush issued a final determination on September 22, 2001, to remove the remaining restrictions, finding that denying export...
Animal Agriculture: Issues in the 107th Congress
A variety of animal agriculture issues, including prices, the impact of consolidation in the meat production/packing industry, trade, and the environmental impacts of large feedlots, continue to generate interest in Congress. This issue brief discusses these issues, as well as the 2002 farm bill, which contains several provisions affecting animal agriculture, including protections for contract growers, disaster assistance, country-of-origin labeling, and increased funding for conservation purposes.
Accounting Problems Reported in Major Companies Since Enron
Since the sudden collapse of Enron Corp. in the fall of 2001, and the series of accounting scandals that followed, the integrity of corporate financial accounting has emerged as a public policy concern. Over 100 U.S. companies, including several of the largest, restated (or corrected) their previously-announced financial results in the first half of 2002. During the 1980s and early 1990s, by contrast, there were an average of about 50 restatements per year. Does the increase represent a decline in the quality of corporate accounting, the inevitable fallout from the end of an...
Pension Reform: The Economic Growth and Tax Relief Reconciliation Act of 2001
On June 7, 2001 the President signed into law the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA, P.L. 107-16 ). Title VI of this law deals with pension plans and retirement savings accounts. P.L. 107-16 increases the maximum annual contribution to an individual retirement account (IRA) from $2,000 per individual to $5,000. It also increases the annual contribution limits on Section 401(k) plans, Section 403(b) annuities, and Section 457 deferred compensation plans for employees of state and local governments. Other measures are intended to encourage employers to...
Telecommunications Services Trade and the WTO Agreement
World telecommunications services trade is growing and evolving very rapidly, appearing to corroborate expectations that the 1997 international agreement to liberalize trade in basic telecommunications services would greatly increase world trade in those services. While the agreement, under the auspices of the World Trade Organization (WTO), faces many obstacles to full effectiveness, it is expected to benefit the highly competitive U.S. telecommunications industries and facilitate world economic growth. Congress, as always, is concerned that trading partners adhere to their commitments....
Currently, in most parts of the United States, timepieces are moved forward one hour in the spring and back one hour in the fall to provide an extended daylight period during the summer months. This is known as Daylight Saving Time (DST). Much debate and many changes led to this present practice. This report provides a brief history of the issues surrounding DST, an outline of the legislation that created and modified it, and a list of references to more discussions.
Tax Returns of Individuals: Statistical Charts for the Five Most Recent Years
This report provides answers to some of the most frequently asked questions concerning the federal individual income tax, including the number of returns filed, average tax per return, and income tax as percentage of adjusted gross income. This report will be updated as the Internal Revenue Service (IRS) releases new or revised statistics.
Collective Bargaining and Homeland Security
This report discusses the personnel provisions of H.R. 5710 , the Homeland Security Act of 2002, and the President's existing authority under 5 U.S.C. Section 7103(b)(1) to exclude the employees of certain agencies from the ability to bargain collectively. H.R. 5710 , described as a revised version of the original White House proposal to create a new Department of Homeland Security, was passed by the House on November 13, 2002. H.R. 5710 includes language related to the President's authority under 5 U.S.C. Section 7103(b)(1). The report provides a legislative history of 5 U.S.C....
Florida Everglades Restoration: Background on Implementation and Early Lessons
Several complex water resource systems are receiving increasing intergovernmental and private sector efforts to balance human and broader ecosystem values. Examples include the Florida Everglades, San Francisco Bay-Sacramento/San Joaquin River Delta, and the Chesapeake Bay, among others. The Florida Everglades is especially prominent because of its inclusion of Everglades National Park and because human impacts in and around the Park have caused a substantial erosion of the balance and diversity of the original ecosystem. Government and private sector efforts to mitigate the effects of...
Air Quality and Electricity: Initiatives to Increase Pollution Controls
Since the mid-1990s, EPA has initiated actions resulting in regulatory mandates and enforcement actions directed primarily at coal-fired electric generating utilities. These actions would, if implemented, substantially reduce air pollutants, particularly nitrogen oxides (NOx). These initiatives include the Ozone Transport Rule (also called the NOx SIP Call); a set of "Section 126 petitions" in which 12 states allege under Section 126 of the Clean Air Act (CAA) that pollutants originating in upwind states prevent their attainment of clean air standards; and a set of enforcement actions...
Air Quality: Multi-Pollutant Legislation
One approach being proposed to more cost-effectively achieve national air quality goals is a "multi-pollutant" strategy -- a framework based on a consistent set of emissions caps, implemented through emissions trading. This report discusses this strategy and related legislation.
Agriculture: U.S.-China Trade Issues
With China’s entry into the World Trade Organization (WTO) in December 2001, U.S. agricultural interests were hopeful that longstanding barriers to trade with that vast and growing market would begin to fall. However, critics charge that China is failing to honor commitments to open its markets, affecting U.S. exports of grains, oilseeds, meat and poultry, and other products. U.S. agriculture and trade officials have been working to resolve these differences.
Discriminatory Pricing and the Robinson-Patman Act: Brief Overview, Including Some Exceptions
The Robinson-Patman Act (hereinafter, R-P), 15 U.S.C. § § 13, 13a, 13b, 21a, makes it unlawful, with certain exceptions, to knowingly sell goods “in commerce,” for use or sale within the United States, at differing prices to contemporaneous buyers of those goods. Enacted during the Depression at the behest of small grocers who feared the buying power of large and growing chain grocers, it is the exception to the notion that the antitrust laws protect competition, not competitors in that it generally prohibits precisely the kind of price differentiation which would normally be thought to...
Trade Promotion Authority: Environment Related Provisions of P.L. 107-210
During the past decade, environmental issues have received increased attention in trade liberalization negotiations, and the question of how to address such concerns in trade agreements became a key issue in the debate over renewing the President’s trade promotion authority (TPA). Under this authority, Congress agrees to consider trade agreements using expedited procedures and to vote up or down, with no amendments.
With the Trade Act of 2002 (P.L. 107-210), Congress renewed the President’s trade promotion authority. The Act includes more environment-related provisions than previous TPA...
Employer Stock in Pension Plans: Economic and Tax Issues
The loss of retirement assets held in Enron stock by Enron employees has stimulated proposals to restrict the holding of employer stock in retirement plans, and other proposals to regulate these plans. Stock in the Enron plan came from firm contributions in the form of stock that was not allowed to be sold and from voluntary investment by employees. This report focuses on rationales for providing employer retirement plans and for holding (or not holding) employer stock in these plans, both from the perspective of the private sector and of government policy. Retirement plans fall into...
Corporate Accountability: Sarbanes-Oxley Act of 2002: (P.L. 107-204)
On July 30, 2002, President Bush signed into law the Sarbanes-Oxley Act of 2002, P.L. 107-204 . This law has been described by some as the most important and far-reaching securities legislation since passage of the Securities Act of 1933, 15 U.S.C. Sections 77a et seq ., and the Securities Exchange Act of 1934, 15 U.S.C. Sections 78a et seq ., both of which were passed in the wake of the stock market crash of 1929.
The Act establishes a new Public Company Accounting Oversight Board which is to be supervised by the Securities and Exchange Commission. The Act restricts accounting...
A new farm bill, the Farm Security and Rural Investment Act of 2002 ( P.L. 107-171 ), covering crop years 2002-2007, was signed into law May 13, 2002. Conferees resolved the differences between the H.R. 2646 and S. 1731 and the conference report ( H.Rept. 107-424 ) was adopted by the House on May 2 and the Senate on May 8. The previous farm bill (now prior law) was the Federal Agriculture Improvement and Reform Act of 1996 ( P.L. 104-127 ), popularly called the FAIR Act. Commodity support authority in the FAIR Act (Title I, Agricultural Market Transition Act (AMTA)) was set to expire...
Civics Programs in Washington, D.C.
A number of programs in Washington, D.C., explain the workings of the national government to a diverse range of Americans, from middle school students to senior citizens. This report highlights six of the most popular programs.
Amtrak Profitability: An Analysis of Congressional Expectations at Amtrak's Creation
Most discussions of Amtrak refer to Amtrak's status as a for-profit company, and have noted that Amtrak was intended by Congress to be a profit-making enterprise. Despite these references, Amtrak is not now a for-profit company; it was originally created as such, but that status was changed by the Amtrak Improvement Act of 1978 ( P.L. 95-421 ); the Conference report noted that the bill removed Amtrak's for-profit status but required that the corporation be "operated and managed as" a for-profit corporation (H.C.R. 95-1478). Amtrak was created by the Rail Passenger Service Act of 1970...
Labor and Mandatory Arbitration Agreements: Background and Discussion
In response to the rising number of discrimination claims brought under federal civil rights statutes, many employers have sought to require arbitration for statutory claims by having their employees sign mandatory arbitration agreements. These agreements provide generally that all claims arising out of one’s employment will be heard by an arbitrator or panel of arbitrators rather than by a judge or jury. Arbitration is often perceived by employers as a faster and less expensive alternative to litigation. Arbitration agreements also appear in the context of organized labor as unions and...
The U.S. Postal Service Response to the Threat of Bioterrorism Through the Mail
The deliberate mailing of Bacillus anthracis spores through the U.S. Postal Service (USPS) has caused five deaths, twenty-two cases of anthrax, and massive disruptions to Congress and the USPS. Both the public and private sector are examining an array of methods to limit the risk of future attacks. The array of potential solutions include improving mail handling procedures, changing the USPS anonymous mailing policy, installing bio/chem agent detectors, and sterilizing the mail. For the USPS these decisions are complicated by its precarious financial state. Some proposed solutions...
Substantive Due Process and a Right to Clone
As Congress continues to explore whether restrictions on cloning should be imposed, this report will consider whether a right to clone may be found under the Due Process Clauses of the Fifth and Fourteenth Amendments. In past cases, the U.S. Supreme Court has recognized certain personal rights as being fundamental and protected from government interference. Some of those cases involve various reproductive matters, including procreation and childbearing. If a right to clone is found to be fundamental, any infringement on that right would be evaluated with strict scrutiny, the most rigorous...
Farm Commodity Payment Limits: Comparison of Proposals
This report discusses U.S. policy regard farm commodities. Greater public awareness of the size of commodity program payments reaching a
comparatively small number of very large farms has focused the attention of Congress on payment limits. Limits on commodity program payments have been imposed since 1970. As part of the emergency economic assistance packages enacted each of the past
three years, the payment limits have been doubled. In addition, a mechanism has been developed that allows farms to circumvent the limit on loan deficiency payments, namely commodity certificates
FY2003 Budget and Related Documents: Internet Access and GPO Availability
In February, the President submits to Congress a series of budget volumes which contain the President’s budget proposalsforthe upcoming fiscal year, historical data, and analytical supplements. Early in the year, the Economic Report of the President is released by the Council of Economic Advisors, and the Congressional Budget Office issues its publications, Budget and Economic Outlook and Analysis of the President’s Budget. Neither CRS nor the Library of Congress can provide giveaway copies of these documents. This report provides brief descriptions, together with Internet addresses...
The Brownfields Program Authorization: Cleanup of Contaminated Sites
The Environmental Protection Agency (EPA) defines brownfields as abandoned, idled, or under-used industrial and commercial facilities where expansion or redevelopment is complicated by real or perceived environmental contamination. The brownfields program was established administratively by EPA under the aegis of the Superfund program; without explicit authority for it in the law, it has been financed by the Superfund appropriation. The program provides financial and technical assistance to help communities restore less seriously contaminated sites that have the potential for economic...
Vietnam Trade Agreement: Approval and Implementing Procedure
The procedure leading to the entry into force of the U.S. trade agreement with Vietnam, including a reciprocal extension of nondiscriminatory treatment. calls for its approval by the enactment of a joint resolution of Congress, considered under a specific fast-track procedure with deadlines for its various stages, with mandatory language and no amendments. After favorable reports on the legislation in both houses, H.J.Res. 51, approving the nondiscriminatory treatment, was enacted on October 16, 2001; the agreement also was ratified by Vietnam on December 4, 2001, and entered into force by...
Selected Aviation Security Legislation in the Aftermath of the September 11 Attack
The September 11, 2001 hijacking of four airliners, and the enormous loss of life from the use of these airplanes as weapons, has focused congressional concerns on aviation security. During the debate in Congress the overarching issue was the degree of federal involvement needed both to make commercial air travel safer and to restore the public's confidence in the security of our Nation's airway and airports. On October 11, 2001, the Senate passed, after multiple amendments, the Aviation Security Act of 2001, S. 1447 (introduced by Senator Hollings). The bill provided for...
This report discusses the scope and nature of the vulnerability of hazardous materials (hazmats) transportation and its potential relations to terrorists attacks.
Disapproval of Regulations by Congress: Procedure Under the Congressional Review Act
The Congressional Review Act of 1996 established expedited (or “fast track”) procedures by which Congress may disapprove a broad range of regulatory rules issued by federal agencies by enacting a joint resolution of disapproval. For initial floor consideration, the Act provides an expedited procedure only in the Senate. (The House would likely consider the measure pursuant to a special rule.) The Senate may use the procedure for 60 days of session after the agency transmits the rule to Congress. In both houses, however, to qualify for expedited consideration, a disapproval resolution must...
China’s Xinjiang-Uighur Autonomous Region: Developments and U.S. Interests
Since 1996, officials of the People’s Republic of China (PRC) have seen an increasing security threat in the activities of minority nationalities in its heavily Muslim Xinjiang Uighur Autonomous Region (XUAR), in China’s far northwest. The PRC has been the target of bombings, sabotage, and other terrorist attacks, primarily thought to be committed by small groups of XUAR extremists (largely Uighurs). As a result, Beijing has increased police actions in the region, which many human rights organizations and Members of Congress allege have resulted in gross and increasing human rights...
Across-the-Board Tax Cuts: Economic Issues
Across-the-board income tax cuts were an important feature of H.R. 1836 , the comprehensive tax cut of 2001. Distributional issues have been central to the analysis of across-the-board tax cuts (although issues of growth and simplification are also of concern). Some plans have been described as primarily benefitting the middle class; some plans, or even the same plans, have been criticized as unduly favoring high income taxpayers. The distributional measure used to characterize a tax cut affects how the cut is perceived. Absolute measures include tax cut per return and the...
The Federal Republic of Yugoslavia: U.S. Economic Assistance
U.S. economic assistance to the Federal Republic of Yugoslavia (FRY) seeks to foster democratic institutions and economic reform. Congress approved $100 million for Serbia for FY2001 and the Administration has requested $145 million for the FRY for FY2002. Congressional debate may center on constraints on that aid, the role of other donors, and Serbia's relationship with Montenegro and Kosovo in that context.
HIV/AIDS Drugs, Patents and the TRIPS Agreement: Issues and Options
AIDS ("Acquired Immune Deficiency Syndrome") is a serious medical condition that predisposes patients towards opportunistic infections, tumors, dementia and death. Human Immunodeficiency Virus ("HIV") is the viral agent associated with AIDS. HIV/AIDS remains a leading cause of death in the United States. Exposure rates in some other parts of the world, such as sub-Saharan Africa, substantially exceed those in the United States. The global HIV/AIDS pandemic has had a severe impact upon many states within the developing world, and future social and economic consequences could be...
Orphan Drug Act: Background and Proposed Legislation in the 107th Congress
The Orphan Drug Act ( P.L. 97-414 ) was signed into law on January 4, 1983. The Act provides incentives for pharmaceutical manufacturers to develop drugs, biotechnology products, and medical devices for the treatment of rare diseases and conditions. These products are commonly referred to as orphan products. Incentives for orphan product development include marketing exclusivity for orphan drug sponsors, tax incentives, and research grants. Since the Act was passed in 1983, the Food and Drug Administration (FDA) has approved 183 new orphan products. Critics of the Act argue that, because...
A United Nations Transitional Authority in East Timor (UNTAET) was established in October 1999 following the entrance of U.N.-sponsored international peacekeepers into East Timor. These measures came in response to Indonesian-instigated violence against East Timorese who had voted overwhelmingly for independence from Indonesia in a referendum of August 30, 1999. UNTAET's mandate is broad. It is to help East Timor recover from the violence through humanitarian aid and reconstruction of facilities that were damaged or destroyed. It is to help East Timor establish a functioning government,...
Comparison of Proposed Charitable Choice Act of 2001 with Current Charitable Choice Law
This report provides a side-by-side comparison ( Table 1) of the charitable choice provisions of H.R. 7 with those of the 1996 welfare reform law ( P.L. 104-193 ) and of later laws that extended charitable choice rules to the Community Services Block Grant Act ( P.L. 105-285 ) and to substance abuse treatment and prevention services under the Public Health Service Act (P.L 106-310 and P.L. 106-554 ). (1) Common Provisions . The Charitable Choice Act (Title II of H.R. 7 ) and the four existing charitable choice laws provide that participating religious organizations shall retain...
The Individual Alternative Minimum Tax: Interaction with Marriage Penalty Relief and Other Tax Cuts
Tax cuts have been addressed recently. Rate reductions and across the board tax cuts were part of the H.R. 1836 , the tax cut signed by the President on June 7. This bill includes the changes in standard deductions and rate brackets relating to the marriage penalty and also included in H.R. 6 , passed earlier by the House. The Alternative Minimum Tax (AMT) provides for an alternative tax calculation, on a broader base but with a large exemption and a two-tier rate that is below the top tax rates in the regular tax structure. It is paid when the tax liability figured using the AMT base...
Marriage Penalty Legislation: A Comparison of Alternative Proposals
President Bush's tax proposal and H.R. 6 (passed by the House) have different approaches to the marriage penalty. The Administration proposal, in addition to rate changes, has a second-earner deduction for 10% of income (up to $30,000) earned by the lower earning spouse. H.R. 6 would increase the standard deduction and width of the 15% rate bracket for joint returns to twice the size of singles, eliminating the penalties for taxpayers in the 15% and 28% brackets but adding to any marriage bonuses. This report compares these alternative proposals. ( H.R. 1836 , signed by the President...
Military Base Closures: Estimates of Costs and Savings
Approximately 13 years ago, in December 1988, the first military base closure commission recommended the closing and realignment of 145 U.S. domestic bases and facilities. This action was the consequence of the Department of Defense's broad reevaluation of its mission in conjunction with the weakening and ultimate collapse of the Soviet Union. There was little need, according to the Pentagon, to continue to retain the vast Cold War-era infrastructure. Funds saved from closing down underutilized bases, DOD further noted, could be used to enhance development of new weapons and improved...
Air Quality and Emissions Trading: A Primer
This report briefly discusses the extent to which emissions trading has been used in the United States, explains how trading programs work, analyzes factors that can influence the effectiveness of trading, and examines some of the principal arguments related to the use of trading to control air pollution.
Pharmaceutical Research and Development: A Description and Analysis of the Process
A central element of the debate about inclusion of prescription drug benefits in Medicare is the price of prescription drugs. A key issue in the debate concerns the relationship between those prices and the pharmaceutical research and development (R&D) costs. While this report will not analyze that relationship directly, it does present a description and assessment of the pharmaceutical R&D (drug development) process and the factors that affect costs. Such an analysis should be useful in addressing questions about the cost of pharmaceutical R&D and the dependence of...
Mexico's Counter-Narcotics Efforts under Zedillo and Fox, December 1994-March 2001
This report provides information on Mexico's counter-narcotics efforts during the six year presidency of Ernesto Zedillo (December 1, 1994 to December 1, 2000) and a short period of the presidency of Vicente Fox (December 1, 2000, to March 1, 2001), with special emphasis on calendar year 2000, covered by the State Department's report on international narcotics control. Share of Traffic. Mexico continued to be the transit point for about 50-65% of the cocaine entering the United States from South America in 2000, with the uncertain and varying estimates being similar to estimates in...
Voting Technologies in the United States: Overview and Issues for Congress
The 2000 presidential election raised questions about whether changes are needed in the voting technologies used in the United States, and what should be the federal role. Elections are administered by states and localities through approximately 10,000 jurisdictions at the county level or below. The main federal agency involved is the Office of Election Administration, which is part of the Federal Election Commission and assists state and local election officials. In 1990, the FEC released voluntary standards for computer-based voting systems. The standards were developed in response to...
The President's Reorganization Authority: Review and Analysis
Among the initiatives being promoted with the beginning of the Administration of President George W. Bush is that of renewing the President's lapsed authority to submit reorganization plans to Congress. The general rationale offered for renewing this authority is that it would provide additional flexibility and discretion to the President in organizing the executive branch to promote "economy and efficiency" as well as his political priorities. The regular legislative route for considering presidential proposals involving organizational changes is deemed by reorganization authority...
Agriculture: Prospective Issues for the 107th Congress
Persistent low farm prices and 3 years of multi-billion dollar ad hoc additions to federal spending for farmers are expected to put pressure on the 107th Congress for an early review of federal farm policy. Farm policy is governed by a variety of laws, many of which are incorporated into an omnibus, multi-year farm bill. Most of the provisions of the current farm bill, the Federal Agricultural Improvement and Reform (FAIR) Act of 1996, expire after the 2002 crop year. Key issues are the responsiveness of current policy to low commodity prices and farm income, factors influencing low...
This report discusses Amtrak, an intercity railway transit system that being operatios in 1971. Amtrak receives considerable criticism for its inability to make a profit. The central policy issue, which this report addresses, is the following: Given that a national system of passenger rail service appears to be inherently unprofitable, as is the case for other public services, do we as a Nation wish to preserve our system or to liquidate it?
Election Projections: First Amendment Issues
Media projections may be based both on exit polls and on information acquired as to actual ballot counts. The First Amendment would generally preclude Congress from prohibiting the media from interviewing voters after they exit the polls. It apparently would also preclude Congress from prohibiting the media from reporting the results of those polls. Congress, could, however, ban voter solicitation within a certain distance from a polling place, and might be able to include exit polling within such a ban. It also might be able to deny media access to ballot counts, either when the...
Electronic Signatures: Technology Developments and Legislative Issues
Electronic signatures, a means of verifying the identity of the user of a computer system to control access or authorize a transaction, are increasingly being used in electronic commerce. Several technologies can be used to produce electronic signatures, the most prominent being digital signatures, which use cryptographic techniques to provide data integrity and nonrepudiation. Legislation enacted in the 106th Congress enables the legal recognition of electronic signatures in interstate commerce. Other legislation introduced but not enacted was intended to promote federal agency use of...
DNA Identification: Applications and Issues
DNA technology can provide useful identifying information in many situations, such as in solving crimes, determining paternity, and identifying human remains. Research is resulting in improvements in sensitivity and power and reductions in cost. Such use and improvements are raising several policy issues. The use of DNA in identification results from its unique characteristics: It is a complex molecule, containing much information. Each person has billions of identical copies. The structure of the molecule varies from person to person and is inherited, so the DNA of relatives is more...
The Individuals with Disabilities Education Act: Discipline Legislation in the 106th Congress
Although Congress described its 1997 changes to discipline provisions in the Individuals with Disabilities Education Act (IDEA) as a "careful balance," it was not long before amendments to change the provisions surfaced. In 1999 the Senate passed S. 254 , 106th Cong., the Violent and Repeat Juvenile Accountability and Rehabilitation Act of 1999, and the House passed H.R. 1501 , 106th Cong., the Child Safety and Protection Act, both of which contained amendments to IDEA. These amendments would have changed section 615 of IDEA to eliminate IDEA's different disciplinary procedures for...
Victims' Rights Amendment in the 106th Congress: Overview of Suggestions to Amend the Constitution
Thirty-three states have added a victims rights amendment to their state constitutions. Both the House and Senate Judiciary Committees held hearings on similar proposals in the 106th Congress to amend the United States Constitution ( S.J.Res. 3 introduced by Senator Kyl for himself and Senator Feinstein and H.J.Res. 64 introduced by Representative Chabot). The Senate Committee initially reported out an amended version of S.J.Res. 3 without a written report, but issued a report prior to floor consideration of the reported proposal, S.Rept. 106-254 . Neither S.J.Res. 3 nor H.J.Res....
Enforceability of Mandatory Arbitration Agreements: Wright v. Universal Maritime Service Corp.
In Wright v. Universal Maritime Service Corp. , the U.S. Supreme Court found that a mandatory arbitration clause in a collective bargaining agreement was not enforceable because it failed to specify arbitration as the covered employees' sole method of obtaining relief for their statutory claims. Without such explicit language in the agreement, the union could not have made a "clear and unmistakable waiver" of the employees' rights to a judicial forum. Although the Court identified a "clear and unmistakable waiver" standard for determining whether a mandatory arbitration agreement could be...
Farm Economic Relief and Policy Issues in the 106th Congress: A Retrospective
This report discusses issues regarding Agriculture funding, specifically the Federal Agriculture Improvement and Reform (FAIR) Act (P.L. 104-127), which prescribed farm commodity support policy through 2002.
Agriculture and the 106th Congress: A Summary of Major Issues
Most congressional interest in agriculture in the 106th Congress was focused on persistent low prices for major commodities and proposals to redress declining farm income. Six emergency farm aid bills were approved, increasing agricultural spending by nearly $27 billion for fiscal years 1999-2001. These bills provided disaster relief along with short term “market loss payments”to farmers to shore up farm income. Some longer term changes also were enacted as part of emergency farm legislation, which this report discusses in brief.
Religious Objections to Use of Social Security Numbers on Tax Returns
Social security numbers have been required on tax returns since the early 1960s. There are a number of citizens who have religious objections to participation in social insurance systems, and Congress has chosen to accommodate certain groups’ religious beliefs. Separately, there are other citizens who have religious objections to being identified by government-provided numbers, such as social security numbers, but to date Congress has not chosen to accommodate their beliefs. This paper briefly outlines the history of the requirements to use social security numbers on tax returns, discusses...
The biotechnology industry is notable both for its heavy concentration of small businesses and its weighty research and development (R&D) expenditures. Given the small size and heavy expenses of many biotechnology firms, their ability to raise venture capital may be of some consequence. The patent law has been identified as a facilitator of these R&D financing efforts. Although many observers believe that the patent law plays a significant role in the biotechnology industry, two principal issues have arisen regarding biotechnology patenting. First, observers have fundamentally questioned...
Farm Economic Relief: Issues and Options for Congress
This report discusses issues regarding Agriculture funding and subsidies. In response to low prices, natural disasters, and other farm-related problems, Congress has, over 3 successive years, provided a total of about $23 billion in supplemental aid – in addition to funds already programmed through the 1996 farm bill (P.L. 104-127). The most recent aid was attached to a crop insurance reform bill signed into law on June 22, 2000 (P.L. 106-224). This Agriculture Risk Protection Act of 2000 includes $7.113 billion for additional farm income and related assistance, of which $5.5...
EPA's Tier 2 Emission Standards for New Motor Vehicles: A Fact Sheet
The Clean Air Act Amendments of 1990 established "Tier 1" standards to limit tailpipe emissions from new motor vehicles. The law also required the Environmental Protection Agency (EPA) to determine if stricter controls would be necessary by model year (MY) 2004 to assist states in attaining or maintaining the National Ambient Air Quality Standards. EPA also was required to assess the availability and cost-effectiveness of technologies necessary to control emissions. In a report submitted to Congress in August 1998, EPA concluded that tougher standards are necessary and that essential...
Forest Service Receipt-Sharing Payments: Proposals for Change
In lieu of property taxes, the Forest Service generally shares 25% of receipts from the sale, lease, rental, or other use of the national forests to the states for use on roads and schools in the counties where the national forests are located. This report discusses concerns about the equity and stability of Forest Service receipt-sharing payments, especially with the decline in timber sales over the past decade, and about the incentives of the current system.
Air Quality and Electricity: Enforcing New Source Review
On November 3, 1999, the Justice Department filed seven lawsuits against electric utilities in the Midwest and South charging them with violations of the New Source Review (NSR) requirements of the Clean Air Act (CAA). In addition, the Environmental Protection Agency (EPA) issued an administrative order against the Tennessee Valley Authority (TVA), alleging similar violations. Through a “preconstruction” permitting process, NSR is designed to ensure that newly constructed facilities, or substantially modified existing facilities, do not result in violation of applicable air quality...
Confidentiality of the Taxpayer Identification Number under the Internal Revenue Code
Section 6109 of the Internal Revenue Code makes an individual’s Social Security number the individual’s taxpayer identification number [TIN]. The same section requires taxpayers to furnish their TINS to the Internal Revenue Service and to other persons whenever the Internal Revenue Service determines that securing the proper identification of the person is necessary. Many Code sections require taxpayers to collect and furnish the TINS of third-parties with whom they have dealings in order to claim a benefit or a deduction. The first part of this report compiles instances in which...
Renewable Energy and Electricity Restructuring
Several electricity industry restructuring bills propose to eliminate the Public Utility Regulatory Policies Act (PURPA), which has been key to the growth of renewable power facilities. Bills intended to ensure a continuing role for renewable energy sources have been introduced in the 106th Congress that include some combination of a renewable energy portfolio standard (RPS), a public benefits fund (PBF), and/or an information disclosure requirement that supports "green" pricing and marketing of renewable power. Some states and electric utility companies have already instituted such...
Independent Counsel Law: Derivation of Major Changes to Provisions
This document also available in PDF Image . This report traces the changes and derivation of the major amendments to the provisions of federal law authorizing the appointment of what is now called an "independent counsel." The original 1978 language of the law, enacted as part of the Ethics in Government Act of 1978 ( P.L. 95-521 ), is provided in full in the left-hand column of the chart. The entire text of the current provisions of law (from the 1994 reauthorization, P.L. 103-270 ) is set out in the far right-hand column of the chart. The statutory text of significant changes in the...
Proposed Budget Process Reforms in the Senate: A Brief Analysis of Senate Resolutions 4, 5, 6, and 8
This report describes the process of reaching the final agreement between house and senate over the final version of a bill that the two houses have passes in different forms.
Bills and Resolutions: Examples of How Each Kind is Used
This report provides background information regarding the bill and joint resolution, which must be passed by both houses in identical form, then presented to the President for his approval or disapproval.
Committee System Rules Changes in the House, 106th Congress
This fact sheet details changes in the committee system contained in H.Res. 5, the rules of the House for the 106th Congress.
Bills, Resolutions, Nominations, and Treaties: Origins, Deadlines, Requirements, and Uses
In addition to bill and/or joint resolution this report presents two other acts of congress; 1) nominations and 2) treaties. It also discusses the characteristics and uses of six different kind of business before Congress, such as designation, origin, deadline for action, requirements for approval, and use.
House Committee Jurisdiction and Referral: Rules and Practice
This report briefly discusses the factors that determine House committee jurisdiction and more specifically House Rule X.
Global Climate Change: Carbon Emissions and End-Use Energy Demand
This report presents an analysis of the potential impacts of the Kyoto Protocol on U.S. energy demand. The analysis focuses on 27 common end-uses — light duty vehicles, residential space heating, industrial direct process heat, etc. — that describe the way energy is used in the United States
This report describes more than 35 print, electronic, and Internet sources of information on financial support, and lists a few of the current general guides to writing grant proposals.
R&D Partnerships: Government-Industry Collaboration
Efforts by the 104th Congress to eliminate several government-industry-university research and development partnership programs reflected some opposition to federally funded programs designed to facilitate the commercialization of technology. Within the context of the budget decisions, the 106th Congress is expected to again debate the government's role in promoting collaborative ventures focused on generating new products and processes for the marketplace.
Cooperative Research and Development Agreements
A Cooperative Research and Development Agreement (CRADA) is a mechanism established by P.L. 99-602, the Federal Technology Transfer Act, to allow the transfer of technology, knowledge, and expertise from government laboratories to the private sector for further development and commercialization. The government provides support in the way of overhead for research and development performed in the federal laboratory and is prohibited from providing funding directly to the partner in the collaborative effort. Currently, more than 5,000 CRADAs have been signed. As the 105th Congress determines...
The Telecommunications Act of 1996 (P.L. 104-104): A Brief Overview
The melding of telecommunications, video, and computers is having an impact on telecommunications industry structure, as traditional telecommunications providers such as telephone and cable television companies expand their capabilities to become more generic multi-faceted "information providers." Digital technologies make it possible to distribute voice, data, and video on the same communications channel. Combined with new alternative telecommunications delivery systems, competition is developing in many markets previously considered to be monopolistic. Telecommunications...
Censure of the President by the Congress
Exploring a possible compromise between an impeachment and taking no congressional action, certain Members of Congress and congressional commentators have suggested a congressional “censure” of the President to express the Congress’ disapproval of the President’s conduct which has been the subject of an ongoing independent counsel investigation. This report provides and overview and discussion of the legal basis and congressional precedents regarding a congressional “censure” of the President.
Constitution of the United States; Recent Writings: Bibliography-in-Brief
This bibliography contains recent publications discussing the history, development, and application of the U.S. Constitution and the Bill of Rights.
Are High Interest Rates a Threat to Sustained Economic Recovery?
A major question that arises in Congress during its considerations of what policies promote and what inhibit the restoration of a healthy economy is the influence that interest rates exert. In particular, are high interest rates a threat to sustained economic recovery?
Drunk Driving: Should Each State Be Required to Enact a 0.08 Blood Alcohol Concentration (BAC) Law?
At the 0.08 BAC level of alcohol, braking, steering, lane changing, and judgment are degraded and the driving performance of virtually all drivers is substantially impaired. During the debate on reauthorization of the federal surface transportation programs, an amendment that would require each state either to enact a 0.08 BAC law or face the loss of a portion of its Federal Highway Trust Fund monies passed the Senate and will likely be considered in the House. This proposal raises questions about the effectiveness and impacts of a 0.08 BAC law, the rights of states versus the federal...
This report discusses the vote on H.R. 2400, the "Building Efficient Surface Transportation and Equity Act of 1997"(BESTEA), an omnibus bill to fund surface transportation into the next century.
This document also available in PDF Image . The lawfulness of wiretapping and electronic eavesdropping is the subject of federal law. Recently questions have arisen as to how this applies to attorneys. Surreptitiously recording telephone or face to face conversations without the consent of at least one party to the conversation is illegal and contrary to the ethical standards of the legal profession. In some states recording such conversations requires the consent of all parties to the conversation. Elsewhere, recording a conversation with the knowledge or consent of only one...
The Child Support Enforcement Program: A Fact Sheet
This report discusses the Child Support Enforcement (CSE) program, Part D of Title IV of the Social Security Act, was enacted in January 1975 (P.L. 93-647).
Education Issues in the 105th Congress, 2nd Session
Several education issues are being considered by the 105th Congress. Some of the congressional action results from expiring legislation, such as the Higher Education Act of 1965 (HEA). Other action may occur because of debate over the appropriate federal role in education, including federal support for school reform or national testing. This report provides a brief summary of education issues anticipated for the 2nd Session, as well as a synopsis of education activity during the 1st Session.
Adoption Promotion Legislation in the 105th Congress
President Clinton signed the Adoption and Safe Families Act into law on November 19, 1997, after the House and Senate approved final versions of the legislation on November 13. The new law (P.L. 105-89) is intended to promote adoption or other permanent arrangements for foster children who are unable to return home, and to make general improvements in the nation’s child welfare system. The House initially passed legislation (H.R. 867) on April 30 by a vote of 416-5, and the Senate passed an amended version on November 8. A compromise version was passed on November 13, by a vote of 406-7 in...
Budget Reconciliation in the 105th Congress: Achieving a Balanced Budget by 2002
Achievement of a balanced federal budget by 2002 was a high priority for the 105th Congress and the President. After months of negotiations and debate, starting in February 1997 and ending in July 1997, congressional leaders and the White House forged a consensus on legislation to accomplish this goal. The legislation, signed into law by President Clinton on August 5, 1997, sets “caps” on discretionary spending, constrains entitlement programs, and on balance reduces federal taxes.
The Civilian Marksmanship Program
This document also available in PDF Image . The Civilian Marksmanship Program (CMP) was initiated by Congress in the early 1900s. Throughout much of its existence as a government-sponsored and funded organization, little controversy surrounded the program, and in fact, it was (and remains today) a popular program among sportsmen, collectors, and various other groups. However, since the 1980s, with gun control becoming a key political issue, the CMP has been surrounded with contention (so much so that Congress made it a private, autonomous entity in October 1996). Some of the issues...
As part of its effort to reduce the costs of its military systems and gain greater access to state-of- the-art technologies, the Department of Defense (DOD) is pursuing what it calls a "dual-use" strategy. This strategy seeks to make greater use of the commercial sector in developing and manufacturing military goods. The strategy has two principal elements: acquisition reform to remove the regulatory and administrative barriers that inhibit greater use of commercial technology, and "dual-use" technology programs that actively seek to (a) develop new dual-use technology in cooperation...
Volunteer Protection Act of 1997
The Volunteer Protection Act of 1997 (VPA), P.L. 105-19 , became law on June 18, 1997, when the President signed S. 543 , 105th Congress. As passed by the Senate, this bill was identical to H.R. 911 , 105th Congress, as reported by the House Committee on the Judiciary on May 19, 1997 ( H.Rept. 105-101 ). The VPA, whose effective date is September 16, 1997, immunizes individuals who do volunteer work for nonprofit organizations or governmental entities from liability for ordinary negligence in the course of their volunteer work. It also limits punitive damages and noneconomic damages...
Federal Restrictions on State or Local Government Officer or Employee Political Activities
Political activities of federal employees are regulated by the Hatch Act. (1)
In 1940, the law was amended to cover certain state (including
territories or possessions) or local government officers or employees. All but three of the
prohibitions on political activity by these individuals were removed in 1974. Enforcement
provisions were added in 1978. (2) Legislation is pending in the
House of Representatives in the 105th Congress to repeal the provision prohibiting state or local
government officers or employees from seeking elective office.
- 5 U.S.C. 7321-7326. The law...
Metric Conversion and the Federal Role: An Update
The United States remains the only major industrialized country in which a nonmetric measurement system is predominantly employed. Section 5164 of the Omnibus Trade and Competitiveness Act of 1988 (P.L. 100-418) amended the Metric Conversion Act to require federal agencies to use the metric system in their activities. Legislation in the 104th and 105th Congress limits federal metric conversion activities, particularly in instances where states, local governments, and the private sector may be required to convert to the metric system in order to participate in federally funded programs.
Russia's Nuclear Forces: Doctrine and Force Structure Issues
This document also available in PDF Image . In 1991, the Russian Federation inherited most of the Soviet Union's nuclear weapons, nuclear command and control system, and nuclear doctrine and employment strategy. It has altered both the nuclear doctrine and force structure in response to domestic economic pressures and its evolving position in the international environment. Russia has placed a greater reliance on nuclear weapons than did the Soviet Union, both as a measure of its superpower status and as a deterrent to a wide range of challenges and conflicts. Where the Soviet Union...
Peacekeeping Options: Considerations for U.S. Policymakers and the Congress
This document also available in PDF Image . As recent international efforts to quell instability in many troubled nations have reached mixed or ambiguous outcomes, many Members of Congress wish to reexamine the tools available to the United States to address the problem. Since its founding in 1945, the United Nations has been the world's primary instrument for international response to instability and for international efforts to achieve peace. But the 1990s expansion of U.N. peacekeeping activities, both in number and in scope, resulted in some operations which were perceived as...
Issues Related to the Provision of Housing and Utilities to Employees
Over 3,200 state employees receive free, state-subsidized housing and utilities; live in state-owned properties for a nominal monthly rate; or receive monthly cash payments in lieu of in-kind housing benefits. Over 1,300 state employees receive some form of educational assistance from their employing agencies
Developing Technology for Humanitarian Landmine Clearing Operations
This document also available in PDF Image . The International Committee of the Red Cross estimates that every year approximately 24,000 men, women, and children are killed or injured by anti-personnel landmines. The State Department estimates that between 85 million and 108 million anti-personnel landmines remain in place in 70 countries. The United Nation's estimates that 2 million new mines are laid each year. Even if no new mines are laid, it could take hundreds of years and billions of dollars to clear all affected areas, given current technology and level of effort. Current...
Federal Land Management: Appeals and Litigation
This document also available in PDF Image . The Forest Service in the Department of Agriculture and the Bureau of Land Management in the Department of the Interior each currently have a system of administrative appeals for most agency land management decisions. Critics assert that administrative and judicial appeals are stopping or unacceptably slowing the decision-making processes and the use of federal lands and resources; that many appeals are "frivolous" and brought for the purpose of frustrating rather than improving land management actions, and that appeals greatly increase the...
Military Base Closures Since 1988: Status and Employment Changes at the Community and State Level
This document also available in PDF Image . U.S. budget outlays for national defense have declined sharply since the late 1980s, and are expected to continue this decline for several more years. The downsizing of the U.S. armed forces, which began before the fall of the Berlin Wall, has been an important factor in the drop in defense spending. Beginning in 1988, Congress required a reduction in military bases and other military real property infrastructure to accompany the manpower cuts. Members of Congress are very interested in how defense spending cuts and the consequent base...
The DOD Service Academies: Issues for Congress
This document also available in PDF Image . Congress has exercised close oversight over the DOD service academies (the Military Academy at West Point, NY; the Naval Academy at Annapolis, MD; and the Air Force Academy at Colorado Springs, CO) since West Point was founded in 1802. Seventy-five percent of academy appointments are made by Members of Congress. There has been considerable legislation affecting academy programs since the late 1980s. There has also been controversy over the moral and ethical standards and atmosphere at the academies. Both reflect a broader issue -- whether the...
Committee System: Rules Changes in the House, 105th Congress
This fact sheet details changes in the committee system contained in H.Res. 5 , the rules of the House for the 105th Congress.
This fact sheet makes a distinction between DOD programs that develop dual-use technologies and DOD's "dual-use" technology development programs. The distinction is more than semantic and is worth noting as Congress considers non-defense expenditures in DOD's budget. Many of the technologies and much of the knowledge generated by DOD's traditional Science and Technology (S&T) programs could be considered dual-use (e.g., programs in the sciences, materials, electronics, computers, design methods, manufacturing methods, software engineering). DOD has been supporting many of these programs...
Grants and Foundation Support: Selected Sources of Information on Government and Private Funding
This report provides a bibliography that describe general sources of support and a few of the current general guides to writing grant proposals.
This document also available in PDF Image . The Government Performance and Results Act (GPRA) of 1993, P.L. 103-62 , encourages greater accountability, requiring agencies to set goals and use performance measures for management and budgeting. During FY1997, agencies will solicit information from stakeholders and consult with Congress to develop strategic goals, to be provided in final form to Congress in September 1997; GAO and OMB are to report in May and June 1997 (but may advance the date to March 1997) to Congress on agency readiness for full scale implementation and to recommend...
This report discusses the United Nations Framework Convention on Climate Change (FCCC) convened July 8-19, 1996, in Geneva, Switzerland.
Child Abuse and Child Welfare Legislation in the 104th Congress
The 104th Congress considered -- and ultimately rejected -- proposals to replace most existing child abuse and child welfare programs with block grants to states. Child welfare block grants had been included in various versions of welfare reform, but were not part of the final legislation signed into law (the Personal Responsibility and Work Opportunity Reconciliation Act, P.L. 104-193 ). Instead, the welfare law made relatively minor amendments to child welfare programs under the Social Security Act, and Congress subsequently passed separate legislation to reauthorize the Child...
Navy Major Shipbuilding Programs and Shipbuilders: Issues and Options for Congress
This document also available in PDF Image . Six shipyards carry out the Navy's major shipbuilding programs: Avondale Shipyards Division of New Orleans, LA; Bath Iron Works Corporation of Bath, ME; Electric Boat Corporation of Groton, CT; Ingalls Shipbuilding, Inc. of Pascagoula, MS; National Steel and Shipbuilding Co. of San Diego, CA; and Newport News Shipbuilding of Newport News, VA. These 6 yards are currently highly dependent on Navy shipbuilding programs. They are also major private employers in their home states. Under the FY1996-FY2001 Future Years Defense Plan (FYDP), major...
Committee Numbers, Sizes, Assignments, and Staff: Selected Historical Data
The development of today's committee system is a product of internal congressional reforms, but national forces also have played a role. This report contains data on the numbers and sizes of committees and subcommittees and on Members' assignments since 1945. This report also contains data on committee staff sizes from 1979 through 1995.
Department of Energy Abolition? Implications for the Nuclear Weapons Program
This report considers how abolition might affect the U.S. nuclear weapons program. It provides background on the weapons program and the debate on what organization should control it; summarizes the debate over managing the program, including criticisms of DOE’s management and issues in deciding where to place the program, and presents four options for the weapons program. It considers pros and cons for each option. This report should be of value for understanding consequences of alternative organizational “homes” for the weapons program for those considering legislation to abolish DOE.
This report, completed in June 1995, discusses the content and context of the January 1995 proposal by then-United Nations Secretary General Boutros Boutros-Ghali that U.N. Member States consider the creation of a special rapid reaction force to perform U.N. peacekeeping operations. It contains brief background information on similar proposals and a description of the current U.N. "standby forces" system. It reviews the concerns and issues raised by the Boutros-Ghali proposal, including political acceptability, financing, and the problems of force design and operation. It concludes with an...
Intelligence Implications of the Military Technical Revolution
This document also available in PDF Image . The availability of precision guided munitions (PGMs) and precise intelligence transmitted in "real time" lies at the center of a military technical revolution that is changing the ways in which future military operations are likely to be planned and conducted. This revolution requires changes in the functions and organization of the U.S. Intelligence Community. During the decades of the Cold War, intelligence agencies were organized around collection disciplines, e.g., signals intelligence, photographic intelligence, and human...
Cuba-U.S. Relations: Should the United States Reexamine Its Policy?
This document also available in PDF Image . The recent exodus of Cubans seeking to reach the United States has prompted many observers, including some Members of Congress, to call for a post-Cold War reexamination of U.S. policy toward Cuba. Some are calling for a moderation of U.S. policy toward Cuba, with policy approaches ranging from a strategy of so-called "constructive engagement" to a strategy of "relative normalization." This report outlines the current U.S. policy approach toward Cuba and discusses the option of moderating policy and what this might entail; it then examines the...
Defense Burdensharing: Is Japan's Host Nation Support a Model for Other Allies?
This document also available in PDF Image . Under an agreement announced in January 1991, the Government of Japan committed itself to increase substantially the amount of support that it provides for U.S. military forces based there. Among other things, Japan agreed by 1995 to absorb 100 percent of the cost of Japanese nationals employed at U.S. military facilities and to pay for all utilities supplied to U.S. bases, to increase the amount of military and family housing construction that it is providing to support U.S. forces, to continue to provide facilities at no charge to the...
The U.S. Occupation of Haiti, 1915-1934
In 1915, the United States undertook a military occupation of Haiti to preempt any European intervention, to establish order out of civil strife, and to stabilize Haitian finances. During the nineteen-year occupation, U.S. military and civilian officials, numbering less than 2,500 for the most part, supervised the collection of taxes and the disbursement of revenues, maintained public order, and initiated a program of public works. The Haitian government remained in place, but was subject to U.S. guidance. The Haitian people benefitted from the end of endemic political violence and...
Special Elections and Membership Changes in the 103d Congress, First Session
This report provides information on membership changes in the first session of the 103d Congress through special elections for vacancies in the House of Representatives and appointments and special elections for vacancies in the Senate .
Selected Interior and Related Agencies Budget Requests for I T 1995
This report reviews the FY 1995 budget request of the Department of the Interior with brief analyses of the budget requests of selected agencies within the department that principally are involved in natural resources programs or activities. This report also provides an overview of the mission of the Department of the Interior, its organization, and its major budget initiatives for FY 1995 .
Cigarette Taxes to Fund Health Care Reform: An Economic Analysis
This document also available in PDF Image .
A cigarette excise tax increase of 75 cents per pack has been proposed to finance part of the President's universal health care program. The tax enjoys considerable public support, would raise about $11 billion per year, and would be relatively simple to administer because it would increase an existing manufacturer's excise tax. The President's fiscal year 1995 budget stressed that the tax would help pay for the additional health care costs of smoking, and would discourage individuals, particularly young people, from smoking.
This report...
Biotechnology, Indigenous Peoples, and Intellectual Property Rights
This report examines intellectual property right in pharmaceuticals in a particular context, namely, medicinal products and processes derived from the biodiversity resources of areas inhabited by indigenous peoples. This report discusses the international law regarding intellectual property rights in traditional knowledge and the American laws regarding traditional knowledge.
Medicaid: Recent Trends in Beneficiaries and Spending
This report discusses medicaid and recent trend is beneficiaries and spending.
Women have become an integral part of the armed forces, but they are excluded from most combat jobs. Several issues remain. One is whether to reduce, maintain, or expand the number of women in the services as the total forces are being reduced. A second question is to what extent women should continue to be excluded from some combat positions by policy. Would national security be jeopardized or enhanced by increasing reliance on women in the armed forces? Should women have equal opportunities and responsibilities in national defense? Or do role and physical differences between the sexes,...
Iraq-Kuwait: U.N. Security Council Resolutions Texts and Votes -- 1991
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The United Nations Security Council has adopted seven resolutions in 1991 on the Iraq-Kuwait crisis since the war ended. These resolutions provide for a cessation of hostilities (S/RES/ 686 (1991)); a comprehensive cease-fire (S/RES/687 (1991)); the plight of the Iraqi civilian population (S/RES/688 (1991)); establishment of the U.N. Iraq-Kuwait Observation Mission (UNIKOM -- S/RES/689 (1991)); establishment of the U.N. Compensation Fund and Compensation Commission (S/RES/692 (1991)); Iraqi liability for the destruction or removal of weapons...
Desert Shield and Desert Storm Implications for Future U.S. Force Requirements
This preliminary assessment summarizes U.S. Army, Navy, Air Force, and Marine Corps performances during recent war, then relates it to past experience and potential threats in ways that might help decisionmakers determine the most suitable characteristics of U.S. armed forces for the rest of this decade.
The Fair Labor Standards Act: Changes Made by the 101st Congress and Their Implications
Initially, in the 101st Congress, a measure to increase federal minimum wage (and to make numerous other changes in the FLSA) was passed by both the House and the Senate but, in June 1989, it was vetoed by President Bush. An effort by the House to override the President's veto was unsuccessful. Later, new legislation was introduced and approved both by the House and the Senate. On November 17, 1989, President Bush signed the bill (P.L. 101-107).
Iraq-Kuwait: U.N. Security Council Resolutions Texts and Votes -- 1990
This document also available in PDF Image . The United Nations Security Council has adopted ten resolutions on the Iraq-Kuwait crisis. The texts of those resolutions, along with the votes by members of the Council, are included in this report.
Iraq-Kuwait: U.N. Security Council Resolutions -- Texts and Votes
The Iraqi invasion of Kuwait on August 1-2, 1990, set into motion a series of actions by the United Nations Security Council. Between August 2 and December 4, 1990, the Council adopted 12 resolutions. The numbers and votes of those resolutions are listed and the full text of each resolution is included in the this report.
Fish and Wildlife Service: Compensation to Local Governments
The Refuge Revenue Sharing Fund (RRSF) was enacted in response to the concern of local governments regarding losses to their tax base due to the presence of federally owned land under the jurisdiction of the Fish and Wildlife Service. This report outlines recent history of RRSF payment levels. It examines the RRSF and describes how the fund differs in its treatment of reserved and acquired lands under the jurisdiction of FWS. The report also examines the Payment in Lieu of Taxes (PILT) program in detail.
At the present time, there are no binding rules of evidence or set of evidentiary principles to be applied in Senate impeachment trials. Rather, recourse is taken to the evidentiary rules and principles applicable in contemporaneous court proceedings and to precedents from past impeachment trial to provide guidance for Senate Impeachment Trial Committees or for the full Senate on evidentiary questions which arise in the impeachment context. This report compiles evidentiary precedents from the Senate impeachment trials of Judges Harry E. Claiborne, Halsted Ritter, Harold Louderback, and...
Financial Crises of the 1970s and 1980s: Causes, Developments, and Government Responses
This document also available in PDF Image . Financial panics have emerged over the last two decades as irregular, yet continuing, disturbances in the economy. Virtually all of them have involved the banking system, so that the Federal Reserve has often acted as lender of last resort to contain the damage. The Federal Government has often performed direct damage control through congressional initiatives: public laws. In yet other cases, the private sector has largely recovered by itself. With increasing volatility of financial markets, Congress may have to focus more attention...
The Home Dish Market: H.R. 2848 (100th Congress) and The Copyright Liability of Satellite Carriers
The number of home satellite dishes in operation in the United States has grown from an estimated 5,000 in 1980 to approximately 2 million today. One of the features which has led to this popularity is the ability of the satellite dish to provide a wide variety of programming at no extra cost, through the unauthorized direct reception of satellite transmitted television broadcast and cable programming. In recent years, however, program owners have increasingly turned toward encryption (scrambling) to prevent the unauthorized use of their signals. As a result, a new category of program...
How to prevent the non-medical use of dependency-producing drugs has been a public policy concern for at least a century. A large part of the responsibility for controlling such substances has been assumed by the Federal Government. Historically based on decision to restrict availability through a system of close regulation, including selective prohibition, the current Federal anti-drugs strategy lives on activities and programs in five major areas: 1) regulation and other “enforcement” efforts; 2) support for international control and for control efforts of individual drug-producing and...
Civil Rights Legislation: Responses to Grove City College v. Bell
This report discusses how broad should the coverage of Federal civil rights laws be? This was the central issue in the debate over legislation introduced in response to the February 1984 U.S. Supreme Court decision in Grove City College v. Bell.
Federal Elementary and Secondary Education Programs: Reauthorization Issues
This report discusses the reauthorization of most Federal elementary and secondary education programs, which the 100th Congress is currently considering, as well as the creation of several new programs. Issues have included: (1) Federal versus ~tate/local priorities in the use of funds; (2) use of formula grants or competitive grants to allocate funds; (3) services for eligible nonpublic school children; (4) relationship between Federal programs and State-level school reform activities; and (5) information about programs and participants for the Congress.
Education Proposals in Trade Competitiveness Legislation
Improvement on America's competitive position in international trade is one of the major issues confronting the 100th Congress. Most legislative proposals have included provisions for increasing the funding levels for Federal education programs, expanding current programs, or authorizing new programs. The primary goal is to improve the productivity of the Nation's workers by raising the skill level of the workforce. Discussions about education's role i n addressing the competitiveness issue have included the contribution of education to productivity growth, comparisons of the educational...
Civil Rights Restoration Act: Bibliography-in-Brief, 1984-1988
This bibliography includes references to magazine articles, monographs, and congressional documents which discuss civil rights legislation following 1984 Supreme Court decision in Grove City v. Bell which ruled title IX applies only to the specific program receiving federal financial assistance.
Education Funding Issues for FY89
Congress considers annually the funding level for all programs administered by U.S. Department of Education (ED). The debate in this process has focused on how much the Federal Government should spend on education , and what, if any, program changes might be necessary to achieve these levels.
Family Planning: Title X of the Public Health Service Act
This report discusses Title X of the Public Health Service Act provides support for family planning clinics, research related to family planning and population, training of family planning personnel, and development and dissemination of family planning information.
This report discusses the many difficult policy dilemmas associated with the AIDS epidemic, including past Congressional funding to support AIDS research and education efforts, strategies for controlling the spread of the AIDS virus, and methods and resources available for the care and treatment of persons with AIDS.
In 1973, the U.S. Supreme Court held that the Constitution protects a woman's decision whether or not to terminate her pregnancy (Roe v. Wade), and that a State may not unduly burden the exercise of that fundamental right by regulations that prohibit or substantially limit access to the means of effectuating that decision (Doe v. Bolton). However, the issue of a woman's right to an abortion is far from settled. This report discusses the various legislative actions undertaken since 1973 to either nullify these rulings or hinder their effectuation.
This report lists the candidates that have withdrawn from the 1988 Presidential race.
This report discusses the civil rights restoration act, S. 557, as it passed the House and Senate. This provision would most likely be interpreted as codifying the existing standards relating to section 504 interpretation concerning discrimination against individuals with handicaps.
In 1973 the U.S. Supreme Court held that the Constitution protects a woman's decision whether or not to terminate her pregnancy, Roe v. Wade, 410 U.S. 113, and that a State may not unduly burden the exercise of that fundamental right by regulations that prohibit or substantially limit access to the means of effectuating that decision, Doe v. Bolton, 410 U.S. 179. But rather than settling the issue, the Court's rulings have kindled heated debate and precipitated a variety of governmental actions at the national, State and local levels designed either to nullify the rulings or hinder...
The Civil Rights Restoration Act of 1987: Legal Analysis of S.557
The Senate i n January 1988 passed S. 557 with amendments to “restore the...broad institution – wide application" of certain federal civil rights laws in the wake of t h e U.S. Supreme Court ruling in Grove City College v. Bell . This report discusses the background and contents of this legislation.
Delegate Totals and Dates for Presidential Primaries and Caucuses, 1988
This report provides the 1988 Democratic and Republican delegate totals and the calendar of Presidential primaries and caucuses, by State. The information is presented in four separate calendars: alphabetically by State; chronologically by primary or caucus date; and separately for each party, arranged i n State order.
The Labor Market of the 1980s: Unemployment Omens in a Growing Economy
This report provides discussion over the nature of job growth, the labor market of the 1980s, and the skill and pay ladder.
AIDS: International Problems and Issues
This issue brief discusses the AIDS (Acquired Immune Deficiency Syndrome) virus and its effects on the world, especially with regard to the welfare of developing nations and various facets of general international relations. Also discussed are the related issues for Congress and U.S. contributions to international AIDS relief efforts led by the World Health Organization (WHO).
Animal Use in Research: Bibliography-in-Brief, 1985-87
This bibliography deals with ethical and practical aspects of the use of animals in research and testing. It touches on animal right and some cases of practical alternatives to animal use.
The Just War in Certain Religious Traditions: Christianity; Judaism; Islam; and Buddhism
This document also available in PDF Image . This report summarizes significant elements of the Just War tradition, distinguished from the Holy War, in four major religions: Christianity, Catholic and Protestant; Judaism; Islam; and Buddhism. The development of criteria to determine whether a war is just in its cause and to set limits for the waging of such a war is traced from its roots in classical Greek and Roman thought to its fuller elaboration through over 1,000 years of Christian history from St. Augustine to the 17th century. The shaping of Just War tradition in the context of...
The Iran-Iraq War: Implications for U.S. Policy
This report discusses the Iran-Iraq conflict at its present state, which has become a war of attrition with neither side capable of achieving a decisive military victory over the other in the short term. U.S. policy concerns currently are threefold: first, that Iraq, despite moves to sustain its economic and military capacities, ultimately might suffer a destabilizing defeat to the detriment of U.S. interests in the Persian Gulf region; second, that future instability in Iran could open opportunities for Soviet exploitation; and third, that the conflict might expand beyond its present...
Amendments to the Constitution to provide equality of rights for women have been reintroduced in every Congress from the 67th i n 1923 to the 100th in 1987. Also proposed in recent years, although not to date in the 100th Congress, has been legislation to improve women's rights without amending the Constitution: a statue to forbid enforcement of a classification based on sex -- except where necessary to achieve a “compelling state interest, " and a measure providing for selective revision of existing Federal laws that discriminate on the basis of sex.
Gramm-Rudman-Hollings: Potential Economic Effects of Meeting Deficit Targets
This report discusses the reduction of federal budget deficit and the effect on the rise of interest rates.
Catastrophic Health Insurance: Medicare
Catastrophic medical costs are broadly defined as large unpredictable health care expenses; these are usually associated with a major illness or serious injury. The absence of catastrophic health insurance protection for the elderly is the subject of concern in this report.
Aviation Safety: FAA Near Midair Collision Reports
This report discusses the minimum separation distance in a near midair collision report which the event must meet in order to be classified a "near miss." If a pilot of flight crew member subjectively believes that the near miss occurred, the report of that event is accepted by the Federal Aviation Administration (FAA) and counts as a near miss in the FAA data base regardless of the actual separation distance. While no proximity limits are placed on near midair collision reports, the agency does attempt to categorize each reported encounter by degree of hazard represented from an aviation...
Catastrophic Health Insurance: Comparison of the Major Provisions of the “Medicare Catastrophic Protection Act of 1987” (H.R. 2470, as passed by t h e House July 22, 1987) and the "MEDICARE CATASTROPHIC LOSS PREVENTION ACT OF 1987" (S. 1127, as reported by the S e n a t e Finance Committee, July 27, 1987)
Bank Failures: Recent Trends and Policy Options
During the 1980s the U.S. banking industry has experienced a rapidly growing number of failures. Many factors have contributed to this trend including deregulation, technology, individual bank management, and economic conditions. The Federal Deposit Insurance Corporation (FDIC) handles insured bank failures. Congress has been monitoring the recent trend and is concerned with the FDIC’s ability to continue to perform its supervisory and insurance operations. The present situation, information on key factors affecting the banking industry, and the FDIC’s role when a bank fails is discussed...
Glass-Steagall Act: Commercial vs. Investment Banking
This report discusses debate over reform of the Nation's financial structure in the 100th Congress includes re-examination of "the separation of banking and commerce." This separation was mandated by the Glass-Steagall Act (part
of the Banking Act of 1933); and was carried forward into the Bank Holding Company Act of 1956, as amended in 1970 and thereafter. The resulting isolation of banking from securities was designed to (1) maintain the integrity of the banking system; (2) prevent self-dealing and other financial abuses; and (3) limit stock market speculation. By half a century later,...
This report discusses payments for physicians services under Medicare that are made on the basis of a fee schedule.
The Liability Insurance Crisis
This report discusses liability insurance crisis, including complaints from businesses, professionals , and municipalities as well threat of lawsuits.
Federal Drug Control: President's Budget Request for Fiscal Year 1988
This report discusses the President's FY1988 budget, focusing on the $3 billion set aside for Federal programs to control or prevent the use of narcotics and other dangerous drugs. The report includes various key documents illustrating the positions taken by Congressional critics of the request as well as the Administration's defenses. Finally, for a longer term perspective, there are graphs and a table showing drug budget trends since FY 1981.
The Liability Insurance Controversy
This report discusses liability insurance, as the primary method of managing business related risks that has been recognized as one of the foundations of American commerce.
Exchange Rates: The Dollar in International Markets
Mainstream economic theory suggests that U.S. budget deficit was the main cause of the dollar appreciation between 1980 and early 1985. The high budget deficit forced the U.S. Government to compete against the private sector for available savings, raising interest rates in the United States. In response, net capital inflows to the United States increased, the demand for dollars on the foreign exchange market went up, and the dollar appreciated. Restrictive budgets and loose monetary policies abroad, both of which kept interest rates low abroad, also contributed to the dollar’s appreciation...
This report provides background and examines key questions in regards to the shipments of arms to Iran and the subsequent diversion of funds to Nicaraguan guerrillas by the Reagan Administration.
Costa Rica: U.S. Foreign Assistance Facts
This issue brief provides basic information on the U.S. aid program and on the general situation in Costa Rica. It is one in a series on U.S. assistance to key countries.
Guatemala: U.S. Foreign Assistance Facts
In the past three years, the Administration has moved to substantially increase U.S. aid levels for Guatemala from $18.3 million in FY84 to a proposed $149.7 million in FY88. Budgetary limits on the overall size of the U.S. foreign aid program may cause reductions in the proposed 1988 levels, however, independent of any choices related to the Guatemalan, situation. This issue brief provides basic information on the U.S. aid program and on the general situation in Guatemala. It also outlines major issues that have arisen in the aid debate.
Manual on the Federal Budget Process
The purpose of this manual is to assist users of Federal budget information in understanding how the process works and how data are to be interpreted.
Honduras: U.S. Foreign Assistance Facts
This report provides basic information on the U.S. aid program and on the general situation in Honduras. It also outlines major issues that have arisen in the aid debate.
Iran-Contra Affair: Biographical Profiles
This report provides biographical information on individuals who have been associated in public reports with the controversy surrounding the secret U.S. arms sales to Iran and the channeling of profits to the rebels or Contras in Nicaragua. The information has been compiled from public sources.
This report summarizes and analyzes on a conceptual basis the 108 bills and major amendments offered in the 98th and 99th Congresses which proposed changes in the campaign finance laws governing Federal elections.
Campaign Financing in Federal Elections: A Guide to the Law and Its Operation
This report provides an introduction to the laws governing the financing of Federal election campaigns and presents data on campaign finance activity in the 1980’s.
Eighteen Questions and Answers About the World Bank
This paper provides background information about World Bank borrowing and lending activities and about U.S. participation in the Bank. Among other matters, it discusses where the World Bank borrows its funds, the amounts contributed by the United States and other countries, and changes i n World Bank priorities and loan policy.
The report explains briefly the major features of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177), commonly referred to as the Gramm-Rudman-Hollings Act. Following a short overview of the deficit reduction process, the report outlines the deficit control timetable for each of fiscal years 1987-1991, and the accelerated timetable for fiscal year 1986, describes the procedures for eliminating excess deficits, discusses how to compute the required spending reductions, and summarizes the sequestration of funds for fiscal year 1986. The report also identifies...
This report contains summaries of enactments, treaties, and reorganization plans, passed from 1961 through 1985, that have some clearly indicated relationship-- either by specific reference or by virtue of legislative history--to the Federal effort to prevent drug misuse through control of the supply of narcotics and other dangerous drugs.
Drunk Driving and the National Driver Register
At the 0.08 BAC level of alcohol, braking, steering, lane changing, and judgment are degraded and the driving performance of virtually all drivers is substantially impaired. During the debate on reauthorization of the federal surface transportation programs, an amendment that would require each state either to enact a 0.08 BAC law or face the loss of a portion of its Federal Highway Trust Fund monies passed the Senate and will likely be considered in the House. This proposal raises questions about the effectiveness and impacts of a 0.08 BAC law, the rights of states versus the federal...
World Bank Legislation Before the 99th Congress
The 99th Congress has before it several proposals to authorize additional U.S. contributions to multilateral development banks. These include potential subscriptions or contributions to the International Bank for Reconstruction and Development (IBRD), the International Finance Corporation (IFC), the African Development Fund (AFDF), and the special African aid facility of the International Development Association (IDA). There is no legislation now before Congress to authorize new contributions to the International Monetary Fund (IMF), the regular budget of the IDA, or any of the other...
Advertising of Alcoholic Beverages: Should a Radio and TV Ban be Imposed?
This issue brief discusses the ongoing debate centered around television and radio advertising of alcoholic beverages, especially as it relates to the possible negative influence on the drinking habits of minors.
The Convention on the Prevention and Punishment of the Crime of Genocide has been a matter of pending business before the Senate since its transmittal to that body in 1949. On May 21, 1985, the Senate Foreign Relations Committee recommended that the Senate give its advice and consent to ratification of the Convention subject to eight conditions: two reservations, five understandings, and one declaration. This report examines the differing opinions on whether and under what conditions the Senate should approve ratification of the Genocide Convention.
Conrail: Sell to Norfolk Southern Corporation or Sell to a Group of Investors?
This issue brief discusses that possible forthcoming sale of a large, federally-owned railroad to the holding company of one of the Nation's largest railroads, or sale to a group of investors for later sale to the public through a stock offering.
Education in America: Reports on Its Condition, Recommendations for Change
The quality of education in our schools, particularly our high schools, and appropriate Federal actions to improve educational quality have become a major political issue. A number of reports on education with recommendations for change have been issued, among them A Nation At Risk by the National Commission on Excellence in Education. These reports are critical of how our Schools are functioning and call for improvement in areas such as teaching, curriculum, and standards for student performance and behavior. Some issues raised by these reports are whether these changes are needed, how...
Budget Deficits: Causes, Effects and Some Remedial Options
In 1981 Congress enacted extensive changes in taxing and spending policies that supporters of these changes expected to generate sufficient revenues, despite a series of tax rate cuts, to balance the budget by FY84. After the onset of recession in early 1982, however, the Reagan Administration's projections showed widening budget deficits, which culminated in an actual FY83 deficit of $195.4 billion. Despite enactment of the Tax Equity and Fiscal Responsibility Act of 1982, and, more recently, the Deficit Reduction Act of 1984, large deficits are expected to persist, even under continued...
The Case for and Against an Import Surcharge
The United States is now running a deficit of over $100 billion in its foreign trade and the Federal budget is in the red by roughly $200 billion. To deal with these two deficits, Congress is considering a temporary import surcharge. This brief examines the case for and against such a surcharge as well as its use against Japan.
This report discusses the artificial sweeteners have been a source of controversy in the U.S. for over 73 years. One of the factors driving these issues has been an interplay of a large consumer demand for low calorie sweeteners and controversy concerning certain safety standards set forth in the Food, Drug and Cosmetic Act (FDCA.
Alleged Fraud, Waste and, and Abuse: General Dynamics Corp.
Numerous Federal agencies -- including the Justice Department and Congressional committees -- are investigating allegations of fraud at the Electric Boat Division of General Dynamics Corporation, the nation's third largest defense contractor. This issue brief provides a chronological summary, based on newspaper and magazine accounts, of each of these investigations.
Ethiopian Food Situation: International Response
The United States has donated the largest share of the world-wide relief effort. Members of Congress nave passed legislation, the African Famine Relief and Recovery Act of 1985 (2.L. 99-8), authorizing emergency relief assistance to Ethiopia and other famine-stricken countries. Some observers favor trying to remove restrictions that prohibit long-term agricultural development assistance and other forms of economic aid to Ethiopia, but many continue to believe that aid to this Marxist-oriented nation should be limited to humanitarian relief. The Ethiopian food situation will probably remain...
This report discusses the 1985 African famine situation, especially regarding U.S. emergency assistance at a time of U.S. domestic budgetary restraints, the adequacy of U.S. measures for monitoring and anticipating food emergencies, and the scale and nature of U.S. agricultural development programs intended to prevent future famines.
This report presents the issues discussed by Congress in regard to Conrail’s sale. In examining the issues in Conrail's sale, Congress most likely will consider the welfare of Conrail employees as affected by the terms and conditions of the sale. Should negotiations on labor conditions with the final bidder fail, Congress might be asked to include labor conditions as part of any legislation related to the sale of Conrail.
Women in the United States Congress
This report identifies women who have served as U.S. Senators or Representatives. It notes their party affiliation, the States they have represented, the dates of their appointment or election, the length of their service, their committee assignments, and their service in committee chairmanships.
Congressional Record: Proceedings and Debates of the 99th Congress, First Session
This report presents the proceedings and debates of the 99th Congress, first session.
Financial Deregulation: Current Status and Legislative Issues
This report reviews deregulation to date and its effects on financial markets. Current policy issues are also identified.
Much attention has recently been focused on the chemical ethylene dibromide (EDB). This chemical has been widely used in leaded gasoline, and has also been used to treat grains, citrus and other crops. It has been found in foods and in groundwater. This paper examines the possible health effects of exposure to EDB, as well as its regulation. The possible health effects and regulation of various chemical and physical alternatives to EDB are also examined. This paper concludes with some policy considerations pertinent to EDB.
Acid Rain: Does it Contribute to Forest Decline?
This minibrief describes the major hypothesis explaining why acid rain may be contributing to forest decline, along with the major arguments against this hypothesis. For additional information on acid rain and current legislation for pollutant emissions controls, see IB83016 -- Acid Rain: Current Issues, and IB83005 -- Clean Air Act: An Overview.
This report discusses questions dealing with the number of homeless Americans as well as trends in society's attitudes toward such people. The incidence of mental illness and the appropriateness, or lack thereof, of deinstitutionalization for such patients is another aspect of the problem which is covered in this packet. A CRS report gives an overview of the situation and of the Federal response.
Finance and Adjustment: The International Debt Crisis, 1982-84
This report provides an overview of the international debt problem which has significantly disturbed the international economic environment of the 1980s. It describes the characteristics of the less developed country (LDC) debt and discusses the role of major participants in the debt crisis. The study shows how the role of the participants has evolved during the crisis. Lastly, some of the issues arising from the debt crisis are discussed.
The Homeless: Overview of the Problem and the Federal Response
This report discusses the problem of homelessness in the U.S. and the resulting policy response. Unlike the skid row "derelicts" who comprised
the typical homeless population of the 1960s, today's street people represent many diverse groups including: the mentally ill, evicted families, the aged, alcoholics, drug addicts, abused spouses, abused young people, and cast-off children.
During the first session of the 98th Congress, the House passed H.R. 4325, 422-0. This measure requires States to adopt several methods of enforcing overdue child support obligations, including mandatory wage withholding; requires States to permit establishment of paternity until a child's 18th birthday; alters the incentive payment formula for child support collections; and extends the formula to collections made on behalf of non-AFDC children. The report includes background and policy analysis.
AT and T Divestiture: Restructuring the U.S. Domestic Telephone Industry
On January 8, 1982, the Justice Department and the American Telephone and Telegraph Company announced the settlement of the Government's seven year old antitrust suit against AT&T. Nineteen months later, in August 1983, U.S. District Court Judge Harold Greene gave final approval to the AT& T divestiture agreement. The breakup of AT&T will affect every aspect of the U.S. domestic telephone industry from the yellow pages to the manufacture of telephones. AT&T officially spun off its 22 local operating companies into seven regional phone companies on January 1, 1984. This Info Pack focuses on...
Medicare/Medicaid Reimbursement: Selected References
This report is a compilation of selected articles, books, and executive agency and congressional publications on Medicare and Medicaid reimbursement, primarily to health facilities and physicians.
Chronology and Brief Description of Federal Food Assistance Legislation, 1935-1983
Since 1935 when Congress first approved the donation of agricultural surplus commodities to low-income populations and school lunch programs, some 57 laws have been passed creating and revising Federal food assistance programs. This report is a chronology of these laws. It briefly describes the major provisions which have led to the network of Federal food assistance programs we know today-- the food stamp program, school lunch and breakfast programs, summer food and child care food programs, special and commodity supplemental food programs for women, infants and children (WICa nd CSFP),...
This report summarizes basic eligibility rules, as of May 1984, for more than 70 cash and non-cash programs that benefit primarily persons of limited income. It also gives funding formulas, benefit levels, and, for fiscal years 1981-1983, recipient numbers and expenditure data for each program.
Former Presidents: Pensions, Facilities, and Services
The Former Presidents Act (72 Stat. 838) of 1958 provides financial and practical means to those who have served as President of the United States and still retain certain implicit public duties. In 1958, the cost of former Presidents to the public was an estimated $64,000. In FY84, approximately $27 million will be spent on benefits to former Presidents and their widows. Operation and maintenance of Presidential Libraries was approximately $14.9 million in FY83. This report discusses increasing concerns regarding the amounts and the types of expenditures that have been made.
Ethylene Dibromide: History, Health Effects, and Policy Questions
Much attention has recently been focused on the chemical ethylene dibromide (EDB). This chemical has been widely used in leaded gasoline, and has also been used to treat grains, citrus and other crops. It has been found in foods and in groundwater. This paper examines the possible health effects of exposure to EDB, as well as its regulation. The possible health effects and regulation of various chemical and physical alternatives to EDB are also examined. This paper concludes with some policy considerations pertinent to EDB.
Infant Formula: National Problems
This report discusses congressional concerns regarding infant formula that was deficient in a required nutrient.
Compensation for Crime Victims
This report discusses the growing interest in recent years in providing compensation for the innocent victims of violent crime through programs financed by the Federal and/or State Governments. At issue have been the general propriety, desirability, and feasibility, as well as the cost, of Federal support of such programs.
The American Telephone and Telegraph Divestiture: Background, Provisions, and Restructuring
On January 1, 1984, The American Telephone and Telegraph Company (AT&T) divested itself of a major portion of its organizational structure and functions. Under the post-divestiture environment the once fully-integrated Bell System is now reorganized into the "new" AT&T and seven Ladependent regional holding companies -- American Information Technologies Corp., 3ell Atlantic Corp., 3ell-
South Corp., NYNEX Corp., Pacific Telesis Group., Southwestern Bell Corp., and
U.S. West, Inc. The following analysis provides an overview of the pre- and
post-divestiture organizational structure and...
Aspartame: An Artificial Sweetener
Since 1973 when the Food and Drug Administration first approved the artificial sweetener, aspartame, for use in food products, some researchers have raised questions about possible health effects associated with its consumption. This paper provides an overview of the regulatory history and possible health problems associated with the use of aspartame.
EDB and the Agriculture Community: A Background Discussion
EDB is being removed from major agricultural uses because of concerns about possible adverse effects on human health. Regulatory actions to remove EDB from the food system will have impacts on the agricultural community. Uses of EDB in agriculture, regulatory actions to remove EDB from the food system quickly, and possible impacts of those regulatory actions on domestic and international markets are discussed.
Heroin: Legalization for Medical Use
This report discusses the limited legalization of diacetylmorphine (heroin) for use in the medical treatment of intractable pain. The report attempts to present pros and cons on the issue as well as information on pending legislation. The report also provides a comparison of heroin's analgesic qualities to those of currently available and equivalent pharmaceutical alternatives.
Much attention has recently been focused on the chemical ethylene dibromide (EDB). This chemical has been widely used in leaded gasoline, and has also been used to treat grains, citrus and other crops. It has been found in foods and in groundwater. This paper examines the possible health effects of exposure to EDB, as well as its regulation. The possible health effects and regulation of various chemical and physical alternatives to EDB are also examined. This paper concludes with some policy considerations pertinent to EDB.
Handicapped Infants: The Final Section 504 Regulation and Legislative Proposals
This report discusses the final rule regarding handicapped infants published in the Federal register by HHS on January 12, 1984. Legislative action in response to the Infant Doe issue is also discussed.
Ethylene Dibromide: Regulatory Background
Much attention has recently been focused on the chemical ethylene dibromide (EDB). This chemical has been widely used in leaded gasoline, and has also been used to treat grains, citrus and other crops. It has been found in foods and in groundwater. This paper examines the possible health effects of exposure to EDB, as well as its regulation. The possible health effects and regulation of various chemical and physical alternatives to EDB are also examined. This paper concludes with some policy considerations pertinent to EDB.
High Interest Rates: Causes, Consequences, and Issues
This paper reviews the causes of the steep interest rate escalation since 1978 and the persistence of high rates during the recent recession and revival.
Control of Illicit Traffic in Dangerous Drugs
Suppression of illicit traffic is only one aspect of the general Federal Government effort to prevent the abuse of narcotics and other dangerous drug;, but in political significance it is undoubtedly paramount. Various approaches to the problem have been suggested and tried since the first explicitly anti-opium law was enacted in 1887.
Agriculture: Payment in Kind (PIK) Program
On January 11, 1983, President Reagan announced that the U.S. Department of Agriculture would implement a payment-in-kind (PIK) program to help reduce Government grain surpluses and to improve farm income. The materials included in this report were compiled by Congressional Research Staff for Member of Congress desirous of more information on the subject.
A Glossary of Selected Telecommunications Terms
The following glossary provides short definitions and descriptions of selected telecommunications terminology, agencies, and organizations, as well as a listing of key laws and Federal Communications Commission regulations and decisions.
The Divestiture of American Telephone and Telegraph Company: The Impact on Shareholders
This report analyzes the impact which the divestiture of the American Telephone and Telegraph Company (AT&T) will have on the 3.2 million holders of AT&T stock. The method of distribution and the listing and trading mechanics of the shares as well as dividend and tax information are discussed. A brief analysis of initial stock performance based on the first two weeks of trading concludes the analysis.
Immigration Issues and Legislation in the 98th Congress
This report discusses Immigration reform, which continues to be of concern in the '96th Congress, and legislation has been moving quickly. Specific issues include illegal immigration, temporary workers, legalization, asylum adjudications, and legal immigration. The legislation under consideration is the Immigration Reform and Control Act of 1983, popularly referred to as the Simpson-Mazzoli bill, introduced in the House and Senate on Feb, 17, 1983 as H.R. 1510 and S. 529.
Coordination of Federal Efforts to Control Illicit Drug Traffic
This report discusses how best to coordinate the Federal government's multi-agency efforts to curb illicit traffic in dangerous drugs has once again become an issue of major interest to the Congress. Critics of the Reagan Administration's anti-drug program contend that it lacks an overall strategy and that it suffers from the absence of a central mechanism for the formulation of general policy as well as for the broad direction of operations
Deregulation of Transportation
Transportation has been substantially deregulated over the last 5 years and there is talk of enacting legislation during the 98th Congress to further deregulate transportation or to restore some of the regulation that recent legislation has removed. This mini brief gives an overview of the deregulation already enacted into law, and some of the ideas being considered for further legislation. The brief also refers to some sources for further reading.
Federal involvement in the education of the handicapped increased significantly with the enactment of the Education for All Handicapped Children Act of 1975 (P.L. 94-142) in the 94th Congress. This legislation amended the provisions for State assistance under Part B of the Education of the Handicapped Act (EHA, P.L. 91-230, title VI, as amended) to require that a "free appropriate public education" be available for all handicapped children age 3 through 21 by September 1980. P.L. 94-142 authorized increased Federal financial assistance along with new requirements for participating State...
Crime Control: Administration and Congressional Initiatives
The Reagan Administration announced its major crime Control proposals in 1981, shortly after the final report from the Attorney General's Task Force on Violent Crimes, and reiterated support for significant changes in Crime control legislation in 1983. Congressional initiatives and modifications of those proposals continue interest and controversy in crime control matters in the 98th Congress.
Dioxin: Environmental Impacts and Potential Human Health Effects
This issue brief presents a short background on the physical/chemical properties of dioxin, describes several existing sources of possible human exposure, and highlights what is currently known about its environmental impacts and human health effects. Congressional interest is intense at this time because of large numbers of Vietnam veterans' claims for benefits associated with use of herbicides in that war as well as because of certain incidents of potential significance to health involving disposal of wastes containing dioxin.
Article Packet: Background Information on Seatbelts in School Buses
This notice from the Department of Transportation, denies a petition for rule-making filed by Physicians for Automotive Safety (PAS), asking this agency to mandate the installation of seat belts on all school buses. NHTSA believes that the currently mandated occupant protections in school buses provide an adequate level of safety protection, and that seat belts would not raise the level of protection for the occupants unless States and local jurisdictions were willing to take steps to ensure that the seat belts were actually used.
Cost Overruns in Major Weapon Systems: Current Dimensions of a Longstanding Problem
This paper reviews the initiatives of the Reagan Administration to control cost overruns during the last 2 and a half years and the actions taken by the Congress to strengthen its oversight role. Particular attention is directed at the critical need to enhance management incentive and accountability at all level of the acquisition process. If recently instituted reform in the Department of Defense fail to control cost overruns, pressure may grow for a more sweeping and radical approach. Serious consideration in such an event might even be given to removing responsibility for weapons...
This report discusses the Federal Trade Commission's (FTC) used car rule, which aims to prevent and discourage oral misrepresentations and deceptive omissions of material facts by those selling used cars concerning warranty coverage and mechanical condition.
Yellow Rain and Related Issues: Implications for the United States
The United States has charged that the Soviet Union is implicated in the use of chemical weapons in Afghanistan and of chemical and toxin weapons, including the toxin known as "Yellow Rain," in Laos and Kampuchea (Cambodia). These charges raise two significant sets of issues: First, issues surrounding the evidence that has been presented to show: (a) that such weapons have been used and (b) that the Soviet Union is implicated in this use. Second, issues connected with the implications of Soviet involvement, if proven, in chemical and toxin warfare.
The Reagan Administration has proposed legislation which would seek to use trade and aid to promote political stability and economic growth in the Caribbean Basin region. Among other things, it would create a one-way free trade zone, where the small nations of the region would have an opportunity for export-led growth through duty-free access to the U.S. market. It would also provide $350 million in economic aid for 1982 to El Salvador and other Caribbean countries.
Merit Pay for Elementary and Secondary School Teachers: Background Discussion and Analysis of Issues
Black and Hispanic Federal Judges: 1900 to Present
This report shows that in recent years, attention has increasingly focused upon the minority composition of the Federal judiciary, in apparent response to concerns that judges appointed to the Federal bench should more compositely reflect the U.S. population they serve. Two of the larger U.S. subpopulations served by the Federal judiciary are blacks and Hispanics. Accordingly, this mini brief lists chronologically and cumulatively the appointments of blacks and Hispanics to the Federal bench, which includes the U.S.Supreme Court, Circuit Courts of Appeals, and District courts.
The General Motors-Toyota Joint Venture and Its Competitive Implications
This report reviews the economics of joint ventures by focusing on their implication for market competition. It also reviews the legislative history of mergers and joint ventures with special emphasis on aspects of the law that are directed at reducing market concentration.
Women in the United States Congress
This report identifies women who have served as Senators or as Members of the House of Representatives. It notes their party affiliation, the States they have represented, the dates of their appointment or election, the length of their service, their committee assignments, and their service in committee chairmanships.
Common Legal Questions and Answers Concerning Currency, Legal Tender and Money
This report answers common legal questions relating to currency, legal tender, and money.
Individual Retirement Accounts (IRAs)
Recent changes in the Nation's tax laws have made Individual Retirement Accounts available to many people previously excluded. This report provides general information on IRAs including material explaining these recent changes and their consequences.
This report compares the actual tax revenues and distribution of the tax burden under the Federal individual income tax from 1971 to 1981 with estimates of what they would have been under the 1971 tax structure if indexed for inflation and under the 1971 tax structure if left unchanged. Policy implications of the comparison are discussed.
Drunk Driving and Raising the Drinking Age
This brief report is prepared in response to numerous requests for information on the related issues of drunk driving and raising the drinking age.
Worker Relocation Assistance: Moving People to Jobs
One characteristic of the dislocated worker problem is that a mismatch
exists between the number and kinds of jobs offered by employers and the number and kinds of skills possessed by workers in the same geographic area. At the same time, other geographic areas have unfilled job openings and relatively low unemployment rates. Government-assisted worker relocation is one tool of employment policy that might be used to reduce these regional imbalances in labor supply and demand. This report describes the U.S. experience with both unassisted and Government-assisted worker relocation. It...
This report traces the progress of proposals to expand the right to vote to citizens between the ages of 18 and 21, culminating in the ratification of the 26th Amendment to the Constitution of the United States in 1971. It also reviews the voting rates of the newly enfranchised age group and compares them to voting rates of other age groups.
This report provides background and current analysis of the Japan--U.S. trade situation, discusses the political and economic tensions which this imbalance has created, and outlines the problems involved in several current negotiations, such as the question of trade barriers to U.S. agricultural exports.
On August 5, 1983, President Reagan signed Public Law 98-67, which provides duty-free entry into the United States for certain Caribbean exports and allows U.S. business people to take tax deductions for the expense of attending conventions in the Caribbean region.
Antisatellites (Killer Satellites)
This issue brief discusses "killer satellites," the unofficial moniker for antisatellite (ASAT) missiles possessed by the Soviet Union in the 1970s and 1980s, as well as U.S. efforts to develop ASAT systems and simultaneously limit their development and use.
Federal Real Property: Inventory and Disposal Initiatives
This report provides background and discusses the inventory and disposal of public lands and other Federal property. For many years the Federal Government has operated under a statutory policy of retaining public domain lands and has disposed of the proceeds from the sale of surplus property other than by the reduction of the national debt. Under the present system, the Government disposes of some types of land when it is determined to be surplus to Government needs, or, in the case of public lands, when it is determined that the national interest would best be served by the sale or...
This report provides an overview of the dimensions of the problem of rising expenditures for hospital care, the reasons for rising hospital costs, general information on methods of controlling hospital costs and specific programs which have been developed, and some of the issues involved.
Job Training Programs: Reauthorization and Funding Issues
This paper is divided into the following sections: (1) History of Federal Employment and Training Programs; (2) Reauthorization Issues; (3) Administration Legislative and Budget Proposals; and (4) Congressional Action.
Inflation, high and variable interest rates, and new electronic technology have had a profound impact on financial institutions throughout the world. This report surveys how the various kinds of financial institutions in the United States have been affected by these developments, how they have reacted, what major legislative action has been taken, and what policy issues remain.
This report discusses trade relations between the U.S. and Japan. Commercial aspects of the United States-Japan alliance, in recent years, have begun to dominate the dialogue between the two nations. In particular, friction points have developed over chronic U.S. bilateral trade deficits with Japan, allegations of Japanese protectionism, and rapid incursions into U.S. markets by Japanese export products.
This is an annotated guide to publications and other sources of information useful to Members of Congress and their staffs, covering congressional office management, the organization and operation of Congress, legislative responsibilities, services to constituents, and other duties of Congress.
Casework in a Congressional Office
This paper presents a general overview of congressional office procedures associated with handling casework, and the assistance provided by a Member of Congress to help constituents in their dealings with Federal agencies. It discusses options for assisting Member's constituents, and the role of staff and Members in providing casework services.
Health Insurance: The Pro-Competition Proposals
For more than a decade, Congress and the Executive Branch have tried to stem spiraling health care costs through various regulatory actions at the Federal and State levels. Planning laws, for example, focus regulatory attention on the capacity of the health care industry to provide health services. Other laws have created programs to monitor and control the use of services provided to individual patients. Direct wage and price controls were applied to the health industry in the early 1970's and in recent years Congress has debated whether to impose controls over hospital spending in the...
Congressional Veto Legislation: 97th Congress
This report has two purposes: first, to describe briefly the main features of each kind of congressional veto procedure, and second, to list under appropriated categories all such provisions submitted in the current Congress that have been located.
Individual Retirement Accounts (IRAs): Tax Incentives for Retirement Savings
This report discusses Individual Retirement Arrangements (IRA) and their tax incentives. Many workers covered by employer-sponsored retirement plans do not work long enough with one employer to be entitled to a pension. Others may be covered by a profit-sharing plan to which the employer may have little or no profits to contribute. Since these individuals were "covered" by a retirement plan, they were ineligible to make tax-deductible contributions to a tax-sheltered Individual Retirement Arrangement (IRA). Many observers considered this a tax inequity and felt that all employees should be...
Information Services for Agriculture: The Role of Technology
Significant improvements in technology-supported information services have created opportunities for their utilization by the farmers and ranchers of our Nation. This report highlights the development and expanded offering of these systems, describes current operational and experimental systems, and presents salient legislative initiatives which address this priority area.
Energy and the 97th Congress: Overview
During his campaign, President Reagan called for a major shift in this country's energy policy. In particular, the President emphasized the need for more domestic production of energy and reliance on market forces to produce and distribute energy products. Now in office, the new Administration is employing executive, administrative, and legislative methods to implement these changes.
Congressional Veto of Executive Actions
Statutory provisions by which Congress authorizes a Federal program to be administered by the Executive but retains the legal authority to disapprove all or part of the program before final implementation have become increasingly frequent in recent years. These statutory provisions which subject a variety of proposed executive actions to congressional review are commonly known as "congressional veto" devices.
Foreign Investment in U.S. Industry
Although the total amount of foreign direct investment (FDI) in the U.S. is small relative to U.S. direct investment abroad, it is growing rapidly and may have a large effect on some industries and geographic areas of the U.S. The two main issues raised by FDI in the U.S. are first, shall Congress require more extensive data collection efforts than are already underway, and second, should laws be enacted to limit foreign direct investment in the U.S. These two issues turn in substantial measure on whether the benefits of additional data collection and/or restrictions on FDI in the U.S....
Electoral Votes by State: Changes Resulting from the 1980 Census
This report presents a chart and a U.S. map describing the electoral votes by state and the changes resulted from the 1980 census.
How the Food Stamp Program Works
This report briefly describes the present operation of the Food Stamp program, reflecting legislative revisions through 1982.
The Child Support Enforcement Program
This report provides summary information on the child support enforcement program, established under title IV-D of the Social Security Act. It includes basic program statistics and a description of the administrative structure and major characteristics of the program.
Bankruptcy and Business Failure Data
The purpose of this report is to provide statistical data on the actual number of businesses that are filing for bankruptcy or ceasing operations. Tabular data of both a historical and current nature concerning business failures and bankruptcies is provided.
This report provides basic firearms-related issues and a summary of legislative action.
Leasing of Energy and Mineral Resources on Federal Lands
This report discusses the leasing of energy and mineral resources on federal lands. Leasing of energy minerals has been an issue of varying intensity for most of the past century, as oil, gas, and coal became indispensable commodities in both U.S. and world commerce.
A Comparison of Benefits Earned Under Social Security and Civil Service Retirement
This report provides a brief side-by-side comparison of Civil Service Retirement and Social Security benefits.
Enterprise Zones: The Urban Jobs and Enterprise Zone Act of 1981
"Enterprise zones” as a concept originated in England in the late 1970s. The idea is to free specified urban areas of taxes and Government regulations to encourage private business investment and create new jobs. There is little in the way of direct empirical evidence to indicate whether and how such an approach would work. There is considerable interest in the concept, however, since other Federal urban assistance programs (such as Urban Renewal in the 1950s, Model Cities in the 1960s, and Urban Development Action Grant more recently -- since 1978) have not produced in sufficient amount...
The Insanity Defense: An Overview and Legislative Proposals
This report will discuss the insanity defense as used in the federal courts. It will briefly trace the history of the evolution of that defense from its earliest formulation to the version used in the John Hinckley case, and will provide, in summary form, descriptive analysis of various pieces of Legislation to change federal law with regard to the substantive definition of the defense, the allocation of the burden of persuasion when the defense is invoked, and procedures following the successful use of the defense.
Busing for School Desegregation
The mandatory transportation of school children to desegregate public elementary and secondary schools is an issue of deep contention throughout our society. The House of Representatives has approved language for the Department of Justice FY82 authorization bill (H.R. 3462) restricting the Department's involvement in actions requiring school busing. On Mar. 2, 1962, t h e Senate approved the version of the Department of Justice F Y 8 2 authorization Bill (S. 951) with language restricting the Justice Department's involvement in busing actions as well as imposing limits on the busing plans...
Copyright Law: Legalizing Home Taping of Audio and Video Recordings
Various Members of Congress have proposed amendments to the Copyright Act that would provide a blanket exemption for noncommercial home audio and video off-air recording. The major thrust of the copyright owners' opposing position is if you cannot protect what you own, or at least receive some compensation for its use, you own nothing. This is countered by those who feel the purpose of the copyright law is to promote broad public availability of artistic products and when the copyright owners decide to use the distribution mechanism of the public airwaves, they have to accept the premises...
Equal Rights Amendment (Proposed)
The proposed Equal Rights Amendment to the U.S. Constitution was first introduced in 1923, and was passed by the Congress in 1972. In 1978, Congress extended the original deadline for ratification of the ERA. Thus, if it receives approval in the form of ratification by 38 States before June 30, 1982, the measure will become the 27th Amendment to the Constitution, and will require equal treatment under Federal and State laws and practices for all persons, regardless of sex.
Monetary Policy: Recent Changes and Current Conditions
This report summarizes the current status of monetary conditions and policy. The report also describes the process though which Congress oversees monetary policy, the recent changes in the financial system which affect monetary policy, and the October 1979 changes in Federal Reserve operating procedures.
Agent Orange: Veterans' Complaints Concerning Exposure to Herbicides in South Vietnam
From 1962 to 1971, the United States Air Force (USAF) sprayed various herbicide mixtures (chemicals that kill plants) in South Vietnam. The purpose of the spraying was to defoliate jungle growth to deprive the Communist forces of ground cover, and to destroy enemy crops to restrict food supplies. The most extensively used of these herbicide mixtures was known as Agent Orange, a 50:50 mix of two common herbicides called 1,4,5-T and 2,4-D (2,4,5-trichlorophenoxyacetic acid and 2,4-dichlorophenoxyacetic acid). The third chemical present in the mixture in small amounts was TCDD, an inevitable...
In recent months there has been a growing congressional interest in the advantages and disadvantages of revamping our current tax system for a flat-rate tax method. Supporters of the new proposal argue that such a plan would promote productivity, simplify present IRS tax forms, save the public billions of dollars that presently go to tax-preparation professionals, and enhance Federal revenue by closing numerous tax loopholes and special deductions that are now enjoyed by relatively few. Opponents believe, however, that the tax burden under a flat-rate plan might fall more heavily upon the...
Automobile Domestic Content Requirements
In response to the lowest drop of American produced automobile sales in two decades and other related conditions, legislation has been introduced that would impose domestic (local) content ratios for automotive vehicles. These would require that cars and trucks sold in the United States in large quantities contain a certain percentage of American parts and labor.
The enclosed material discusses the concept of urban enterprise zones, outlines the administration's proposals for the zones, and includes the major arguments for and against their creation. Because of considerable congressional interest in the enterprise zone concept, we have included a comparison of the major bills relating to enterprise zones introduced in the 97th Congress along with a bibliography for those who desire to research the subject in greater detail.
Examining the Monetary Causes of the Economic Slowdown
This issue brief investigates the effects of changes in money supply growth on the current economic conditions. The results presented are based upon a statistical methodology outlined in a CRS report (No.82-43E, March 1982) of the same title. The approach may be distinguished from most previous work along these lines in that it attempts to estimate the statistical significance of the 1979-82 deceleration in monetary growth. The resulting estimates are then employed in analyzing the timing implications of decelerating monetary growth for episodes of high and volatile interest rates, for...
Civil Defense and the Effects of Nuclear War
This Info Pack contains material on nuclear weapons and on the anticipated physical, economic, and social consequences of nuclear attacks on the United States, basic information on the civil defense program, and material discussing some of the arguments, pro and con, surrounding the civil defense issues.
The Immigration and Nationality Act: Questions and Answers
The basic United States law governing immigration and naturalization is contained in the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1101 -- et seq.). This report provides questions and answers to explain the way in which the Immigration and Nationality Act as amended through 1981 regulates the entry of aliens for permanent and temporary residence in the United States, and other major provisions of the law. Emphasis is placed on subjects which have been of particular interest to the Congress in recent years. This supersedes CRS Report No. 81-65 EPW.
Health Maintenance Organizations
This report discusses the "health maintenance organization", which is an entity that provides specific health services to its members for a prepaid, fixed payment.
The Availability of Nonfuel Minerals on Federal Lands: Background on the Issue
The following report reviews the laws and practices that govern the extraction of non-fuel minerals from federal lands, and the restrict ions against such extract ions. Moreover, the federal land management agencies that regulate such activities are identified, and their responsibilities discussed.
Grants Work in a Congressional Office
Congressional offices are often approached by constituents seeking funds for proposals of potential benefit to their State or district. This report discusses the grants process and varying approaches and techniques congressional offices have developed in dealing with grants requests.
The Crude Oil Windfall Profit Tax Act: Context and Content
Debate over natural gas pricing has included the consideration of a windfall profit tax, with the oil windfall profit tax as a possible guide to what might be levied on natural gas at the wellhead. This report reviews the issues surrounding the enactment of the crude oil windfall profit tax, spells out its provisions, and provides data on the revenues collected and anticipated.
MX Intercontinental Ballistic Missile Program
This report discusses the MX Intercontinental Ballistic Missile (ICBM),which is designed to be the most lethal strategic ballistic missile in the world. The missile was developed by the U.S. Air Force to augment the capabilities of the presently deployed ICBM force, which together with Submarine Launched Ballistic Missiles (SLBMs) and manned strategic bomber aircraft form the triad of U.S. strategic nuclear offensive forces.
Human Rights in U.S. Foreign Relations: Six Key Questions in the Continuing Policy Debate
This report provides background information and a general overview of the role of human rights in U.S. foreign policy. It includes a discussion of some traditional arguments about how international human rights concerns might be integrated with other foreign policy factors. It also includes a discussion of the definition of human rights, of U.S. international obligations
to promote human rights, and the apparatus and procedures available to the U.S. Government for implementing human rights policy. Particular attention is paid to congressional actions, not only in debating and holding...
Corporate Mergers Through Tender Offers: Measurement and Public Policy Considerations
This report provides a perspective on the role of tender offers in corporate mergers and acquisitions and on the nature of financing used to carry them out. Analyzing SEC data on corporate takeovers, it classifies by industry those firms for which tender offers were made in 1979 and 1980 and examines the sources of funds used in these acquisition bids. Comparing SEC data with information compiled by FTC and others, it assesses the importance of tender offers in overall merger and acquisition activity. The report focuses mainly on domestic mergers, but foreign takeovers of U.S. companies...
In 1979, a time of clear downturn in U.S.-Soviet relations over such sensitive issues as SALT, Soviet troops in Cuba, and the Soviet invasion of Afghanistan, the Carter Administration moved ahead with a series of measures designed to improve relations with Moscow's major adversary in Asia, the Peoples Republic of China (P.R.C.). The purpose of this report is to provide background for and summarize current developments in U.S. - People’s Republic of China (PRC) relations, including current and pending congressional actions involving the PRC.
The improved political relationship between the United States and the People's Republic of China (P.R.C.), initiated by the Nixon Administration and furthered by the Carter Administration's decision to establish diplomatic relations, has spurred a rapid increase in Sino-U.S. trade. While still small relative to overall U.S. foreign trade, the volume of trade represents an abrupt shift from the no-trade policy that had been pursued since 1950. Despite the rapid expansion, outstanding issues remain as serious barriers to normalized trade. Resolution of those issues may require concession or...
The MX Basing Debate: The Reagan Plan and Alternatives
This report discusses the Reagan MX basing plan, and the FY82 Defense authorization bill.
Biotechnology: Commercialization of Academic Research
This report provides an overview of the commercialization of academic research h in the field of biotechnology. It offers a brief definition, background and policy analysis, as well as legislation and hearings regarding the topic.
Abortion: Judicial and Legislative Control
In 1973 the U.S. Supreme Court held that the Constitution protects a
woman's decision whether or not to terminate her pregnancy, Roe v. Wade, 410 U.S. 113, and that a State may not unduly burden the exercise of that fundamental right by regulations that prohibit or substantially limit access to the means of effectuating that decision, Doe v. Bolton, 410 U.S. 179. But rather than settling the issue, the Court's rulings have kindled heated debate and precipitated a variety of governmental actions at the national, State and local levels designed either to nullify the rulings or hinder...
Magnetohydrodynamic (MHD) Power Generation: More Energy from Less Fuel
This report discusses magnetohydrodynamic (MHD) power generation, which is a method for converting heat directly into electrical energy without the use of a rotating electrical power generator.
Assessing the Options for Preserving ICBM Survivability
The decision on how to redress the perceived vulnerability of U.S. intercontinental ballistic missiles (ICBMS) is the most controversial strategic nuclear weapon decision now facing the 97th Congress. A full-scale debate on this issue, especially as regards MX missile basing, seems certain. To assist Members of Congress in the debate, this paper discusses nine proposals for treating ICBM survivability: Recognize that ICBMs are invulnerable, rely only on bombers and submarines for deterrence, deploy a large or scaled-down shell-game multiple shelter system, defend MX with anti ballistic...
This report includes the material on block grants, including a CRS Report on the Omnibus Reconciliation Act of 1981, several articles, and a guide to State block grant implementation. For additional information and assistance, we have also included addresses of people to contact on the Federal (p. 59) and State levels (p. 70-104).
Congressional Staffing: A Selected Annotated Bibliography
This bibliography provides the reader an overview of the growth, development, responsibilities, and duties of personal staffs of Senators and Representatives and the staffs of congressional committees, as seen and studied by academicians, journalists, former Members of the House and Senate, and former staff members.
An Economic Analysis and Brief Legislative Overview of Usury Ceilings
This report gives an economic analysis of usury ceilings, laws which set the maximum legal rate of interest to be charged on particular types of loans. It provides a brief overview of recent Federal l e g i s l a t i o n dealing with usury, with special emphasis on the Federal authorities mandated by P.L. 96-221, and the effectiveness of Federal preemption of State usury laws.
Bomber Options for Replacing B52s
One of the main issues discussed in this report is the replacement of the B-52 bombers, due to the fact that many believe that by 1990, the B-52's vulnerability to improving Soviet air defenses will imperil its effectiveness as a penetrating bomber.
Data on the National Debt, 1955-1980
This report consolidates various data on the national debt; it presents changes and comparisons of the debt for the years 1955 to 1980. The report also contains information on the public debt limit, the ownership of the public debt, and the debt owed by several sectors of the economy.
Increased U.S. Military Sales to China: Arguments and Alternatives
The report examines the current debate in the United States over proposals for increased U.S. military sales to China. The study first examines the background of U.S.-China security ties since the Nixon Administration, and then sets forth the parameters of the current debate by noting a number of issues concerning U.S. military transfers to China on which all sides generally agree. It shows that Americans familiar with the issue tend to identify with different groups of opinion or "schools of thought" on the question of U.S. military transfers to China, and provides a detailed...
Closing a Congressional Office: A Brief Overview
This paper sets forth questions that a congressional office needs to consider in the process of closing down. These include statutory and non-statutory matters such as staff, the franking privilege, retirement benefits for Members and staff, allowances, and the disposition of congressional papers, and other office items.
A Functional Analysis of Congressional Member Office Operations
This report presents a general analysis of personal staff functions in a congressional office. Because there is little specific information from Congress and other sources regarding staff job descriptions and because congressional office organization patterns very significantly, this report focuses on the staff functions that are common to all offices regardless of organizational structure or job title: office management; mail; projects; casework; legislation; schedulng and personal services; press and public relations; and political functions.
Busing for School Desegregation: The Debate on Selected Issues
This paper explores selected questions involving the busing of elementary and secondary school students for desegregation. On each of the selected questions a general analysis of the issue involved is presented, followed by two subsections entitled A Critic's Position and An Advocate's Position. In these subsections, an attempt is made to show how a critic of busing for desegregation and an advocate of such busing might fashion arguments on this issue in opposition to, or in support of, busing.
Chemical Warfare: A Primer on Agents, Munitions, and Defensive Measures
The recent Department of Defense proposal to develop a capability to modernize and expand the current U.S. chemical warfare munition stocks with binary nerve agent munitions has focused attention on the subject of chemical warfare. This paper provides a brief introductory discussion of modern chemical warfare, describing the types of agents, delivery methods, and defense against chemical agents. It does not discuss policy, strategy, tactics, or disarmament aspects of chemical warfare. These issues w i l l be covered i n CRS Issue Brief IB 8l08l .
"Enterprise zones" as a concept originated in England in the late 1970s. The idea is to free certain specified urban areas of taxes and government regulations to encourage private business investment and create new jobs. Empirical evidence to support the concept is lacking. This paper contains a discussion of the concept of enterprise zones, without reference to any legislative proposals in the United States. Analyses of legislation will appear as prime sponsors introduce new bills.
This report discusses the methods to achieve effective accountability form lobbyists groups and individuals who seek to influence the governmental decision-making process.
A Summary of Prevailing Views on the Sources of Inflation
It is the purpose of this paper to present the range of viewpoints concerning the causes of inflation. Inflation is defined and distinguished from changes' in relative prices. The Monetarist, Post-Keynesian, and neo-Keynesian positions are discussed to illustrate the variety of perceptions as to the sources of sustained increases in the general price level.
Federal Reserve Membership and Monetary Control
This report discusses the current state of monetary policy. Questions about the continued capability of the Federal Reserve System (FRS) to exercise effective monetary control were raised in connection with several developments over recent years that diminished, in relative terms, the deposit component of the stock of money over which the FRS maintained reserve requirement controls. The Monetary Control Act, Title 1 of P.L. 96-221 was designed to ensure that the FRS as ability to conduct monetary policy is not diminished. This Act, signed into law on Mar. 31, 1980, is one of the few...
After two generations of almost unchallenged supremacy, the U.S. auto industry has recently faced plummeting sales, rising competition from imports, and mounting requirements for capital investment and structural change. This has resulted in massive spilling of red ink in the industry's profit and loss columns, further financial pressures on the ailing Chrysler Corporation, layoffs of nearly 250,000 workers (as of August 4, 1980 in the automotive industry alone according to the United Auto Workers Union) and soaring claims for unemployment compensation and trade adjustment...
This report analyzes the economic structure of both the conventional commercial television broadcasting industry as well as the significant commercial competitive alternatives. Federal Communications Commission policies and their effect on the competitive structure and development of the television industry are also discussed.
High Interest Rates: Causes and Effects
This report describes the major market and policy forces that determine the general level of interest rates. The discussion is related to the recent economic experience of high interest rates and inflation, but may be generally applied to any economic environment.
Afghanistan: Soviet Invasion and U.S. Response
The Soviet invasion of Afghanistan has raised a number of serious issues and choices for the United States. The train of events seem likely to have an important influence on overall American foreign policy in the 1980s. Reassessment of Soviet motives and of U.S. roles in the world are already in progress. Emerging American attitudes, in turn, will shape more specific policy decisions on several issues, which this issue brief discusses.
Automobiles Imported from Japan
In recent years, U.S. automotive imports from Japan have seen an increasing at an unusually rapid pace. Congress is considering measures that alleviate the situation and in June 1980 concurrently resolved to promote the competitiveness of U.S. industry in world automobile and truck markets. As a result of the restraint agreement, automobile imports from Japan dropped from 1.99 million units in 1980 to 1.91 million units in 1981 (calendar year).
The Consumer Price Index: An Overview
The consumer price index is probably the most widely used measure of inflation. Changes i n the index affect the incomes of a substantial portion of the U.S. population. This report provides background information on the history and concepts of the index. In addition, several factors which may produce biases in the index are analyzed. The objective is to provide an introduction to the CPI f o r the policy maker who wishes to acquire a working knowledge of the concept as an aid in examining economic policy alternatives.
A Concise History of the Food Stamp Program
The Food Stamp Program has undergone a number of major changes since its modern version was established in 1961. It is now one of the largest "welfare" programs and provides an income supplement to the food-purchasing power of more than 18 million persons each month, at a cost of nearly $7 billion annually. This report traces the history of the program from 1961 through 1979,
with an emphasis on how program rules, philosophy, participation, and costs have changed over the years.
A Concise History of the Food Stamp Program
The Food Stamp Program has undergone a number of major changes since its modern version was established in 1961. It is now one of the largest "welfare" programs and provides an income supplement to the food-purchasing power of more than 18 million persons each month, at a cost of nearly $7 billion annually. This report traces the history of the program from 1961 through 1979, with an emphasis on how program rules, philosophy, participation, and costs have changed over the years.
Actions of the Congress and the Federal Government on Smoking and Health
This paper is a history of actions taken by the U.S. Congress and by the various departments and regulatory agencies of the Federal Government on the subject of smoking and health for the period from the mid-1950s to the end of the 95th Congress in 1978.
Congressional Action to Overturn Agency Rules: Alternatives to the "Legislative Veto"
Congress has available a variety of statutory and non-statutory techniques, other than the "legislative veto," that have been used to overturn Federal agency rules, prevent their enforcement, limit their impact, or hinder their promulgation. This survey of the different statutory instruments of congressional control—direct overturn of rules, modification of agency jurisdiction, limitations in authorizing and appropriating statutes, requiring inter-agency consultation, and advance notification to the Congress—discusses a variety of mechanisms that vary in their use and their specificity,...
The American Electoral College: Origins, Development, Proposals for Reform or Abolition
This report is a comprehensive annotated bibliography of substantive books, monographs, articles, and documents treating the origins, evolution, and current operational characteristics of the U.S. electoral college system, as well as proposals for its reform or abolition. An explanatory introduction is provided for readers unfamiliar with the issue.
Legislation to Limit Federal Expenditures: Past and Present
This report examines the history of legislation to limit Federal spending through the 94th Congress, and summarizes in detail the record of the 95th Congress on such bills and amendments.
Citizen Control Over Records Held by Third Parties
The United States has become an information society. Government at every level and private industry have been collecting and using more personal information about individuals in the last several years than ever before. The Congress has been aware of this trend, and of the potencia1 for misuse of the information so collected; it has enacted several laws that protect the personal privacy of individuals, and respect the confidentiality of the information maintained about individuals by third parties. In this report, several privacy laws are summarized, and key provisions of each are compared,...
Child Abuse: History, Legislation and Issues
This report discusses child abuse legislation in United States, child abuse prevention and treatment, incidence of child abuse and neglect. The report provides a summary of major legislation in the 1st session of the 95th congress.
This report discusses the background information and most recent development in U.S.-China relations since mid-1996. The relations also have been marred by continuing allegations of Chinese espionage, ongoing controversy over human rights, charges that China continues to violate its non-proliferation commitments, controversy over the accidental NATO bombing of the Chinese Embassy in Belgrade, and renewed tensions over Taiwan. The report describes current issues in U.S.-China relations such as; Human Rights Issues, Issues in U.S.-China Security Relations, Economic Issues, and Sovereignty...
The 1970 Acts require the executive branch to submit the reports on the further development of urban growth policy, the location of Federal facilities, acceleration of the availability of government services and financial assistance (among other subjects) in support of rural community development. This report should assist in the evaluation of these submissions received from the President and executive departments and agencies. The report's basic purpose is to place individual legislative actions in the larger context of interrelated national urban and rural development objectives set...