| Number | Title | Author | Date |
|---|---|---|---|
| RL31719 (PDF, TXT) | An Overview of the U.S. Public Health System in the Context of Emergency Preparedness | Sarah A. Lister, Domestic Social Policy Division | March 17, 2005 |
| This report contains two sections. The first provides an overview of the public health infrastructure. The second discusses the changes and improvements that are underway, and the issues and challenges inherent in improving public health preparedness. | |||
| RL32229 (PDF, TXT) | Iraq: Frequently Asked Questions About Contracting | Valerie Bailey Grasso, Foreign Affairs, Defense, and Trade Division | March 18, 2005 |
| This report provides answers to frequently asked questions about contracts for the reconstruction and recovery in Iraq after Operation Iraqi Freedom (OIF), and questions about contracts for providing support services to the U.S. military during and after OIF. The report describes the governing authorities for federal government contracting policy in general, and Iraqi contracting policy in particular; the contracting process, issues, and challenges; the authority of individual federal agencies; contract awards and the identity of major prime contractors; the business procurement process, congressional oversight, and resources for additional information. | |||
| RS22084 (PDF, TXT) | Judicial Discipline Process: An Overview | Elizabeth B. Bazan, American Law Division | March 18, 2005 |
| The current statutory structure with respect to complaints against federal judges and judicial discipline was enacted on November 2, 2002, as the Judicial Improvements Act of 2002, P.L. 107-273, 28 U.S.C. §§ 351-364. These provisions are applicable to federal circuit judges, district judges, bankruptcy judges and magistrate judges. They do not apply to the justices of the U.S. Supreme Court. The U.S. Court of Federal Claims, the Court of International Trade and the Court of Appeals for the Federal Circuit are each directed to prescribe rules consistent with these provisions to address complaints pertaining to their own judges. The procedures under 28 U.S.C. §§ 351-364 include a complaint process, review of complaints initially by the Chief Judge of the circuit within which the judge in question sits, and, if appropriate, referral of the complaint to a special investigating committee, to a panel of the judicial council of the circuit involved, and, if needed, to the Judicial Conference of the United States. At any point in the process, as deemed appropriate, action may be taken on the complaint. Where a complaint alleges conduct that may rise to the level of impeachable offenses, the Judicial Conference may certify that the matter may warrant consideration of impeachment and transmit the determination and the record of proceedings to the House of Representatives for whatever action the House of Representatives considers necessary. | |||
| RS22085 (PDF, TXT) | The United States-Mexico Dispute over the Waters of the Lower Rio Grande River | Stephen R. Vina, American Law Division | March 21, 2005 |
| The waters from the lower Rio Grande River are shared between the United States and Mexico pursuant to a 1944 Treaty. Beginning in 1992, Mexico claimed that "extraordinary drought" prevented it from fully meeting and repaying its water delivery obligations under the Treaty. Water supplies for users in South Texas (as well as Mexico) were significantly reduced as a result. Mexico owes the United States approximately 730,700 acre feet of water and is under threat of international litigation for allegedly expropriating water at the expense of South Texas water users, though it recently reached an agreement with the United States to eliminate its water debt by September 30, 2005. This report discusses the 1944 Treaty, the events that have led up to the current resolution, and Congress's response to this water crisis. It also discusses some of the proposals that various parties have suggested to help manage and prevent another water debt from occurring. | |||
| RL32715 (PDF, TXT) | Indian Ocean Earthquake and Tsunami: Humanitarian Assistance and Relief Operations | Rhoda Margesson, Foreign Affairs, Defense, and Trade Division | March 21, 2005 |
| This report summarizes the extent of the disaster and relief effort. It includes descriptions of how the U.S. government responds to disasters in general and of the situation in the affected countries. | |||
| 97-357 (PDF, TXT) | House Rules Affecting Committees | Christopher M. Davis, Government and Finance Division | March 21, 2005 |
| House Rules, especially Rules X-XIII, govern the authority and operations of its committees and subcommittees. This report identifies and summarizes these and other rules and directives affecting committee powers, authority, activities, and operations. | |||
| RS21932 (PDF, TXT) | United States Sentencing Guidelines After Blakely: Booker and Fanfan A Sketch | Charles Doyle, American Law Division | March 21, 2005 |
| Sentencing in federal court has been governed by the United States Sentencing Guidelines. The Supreme Court has upheld the Guidelines in the face of arguments that they constituted an unconstitutional delegation of authority and an affront to the separation of powers. Yet thereafter, the Court held that due process and the right to a criminal jury trial require that any fact (other than the fact of a prior conviction) that increases the penalty for a crime beyond the statutory maximum must be submitted to the jury and proved beyond a reasonable doubt. And for this reason, the Court, in Blakely v. Washington, found constitutionally wanting a state sentence imposed by operation of a legislative sentencing guideline procedure even though the final sentence fell beneath the maximum penalty assigned to the crime of conviction. In Booker the Court agreed that these principles apply to the federal Sentencing Guidelines and as a consequence the Guidelines must be considered advisory rather than mandatory. The Court's later decision in United States v. Shepard may offer some clue as to further development of the Apprendi/Blakely principles. | |||
| RS22061 (PDF, TXT) | Military Base Closures: The 2005 BRAC Commission | Daniel H. Else and David E. Lockwood, Foreign Affairs, Defense, and Trade Division | March 21, 2005 |
| 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 interest, not only in regard to the current BRAC round, but also to the past four rounds. It should be noted that the 2005 Commission is likely to follow procedures that are, in large part, similar to those of the past three BRAC rounds. The Commission's role will expire no later than April 15, 2006. | |||
| RL32573 (PDF, TXT) | United States Sentencing Guidelines and the Supreme Court: Booker, Fanfan, Blakely, Apprendi, and Mistretta | Charles Doyle, American Law Division | March 21, 2005 |
| Sentencing in federal court is governed by the United States Sentencing Guidelines. The Supreme Court has upheld the Guidelines in the face of arguments that they constituted an unconstitutional delegation of authority and an affront to the separation of powers. Thereafter, the Court held that due process and the right to a criminal jury trial require that any fact (other than the fact of a prior conviction) that increases the penalty for a crime beyond the statutory maximum must be submitted to the jury and proved beyond a reasonable doubt. And for this reason, the Court, in Blakely v. Washington, found constitutionally wanting a state sentence imposed by operation of a legislative sentencing guideline procedure even though the final sentence fell beneath the maximum penalty assigned to the crime of conviction. Now in Booker and Fanfan the Court has agreed to decide what impact these principles have on the federal Sentencing Guidelines. | |||
| RS22088 (PDF, TXT) | Fairness in Asbestos Injury Resolution Act of 2005 (H.R. 1360, 109th Congress) | Henry Cohen and Nathan Brooks, American Law Division | March 22, 2005 |
| 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 law, except for the enforcement of judgments no longer subject to any appeal or judicial review before the date of enactment of the bill. | |||
| RS22089 (PDF, TXT) | Democratic Republic of Congo: Transitional Process and U.N. Mission | Theodros Dagne, Foreign Affairs, Defense, and Trade Division | March 22, 2005 |
| The Democratic Republic of Congo (DRC) is expected to hold local and national elections in mid-2005, as called for in the 2002 South African-sponsored Pretoria Agreement. The Transitional Government faces daunting challenges. The eastern part of the country is marred by insecurity and instability due to factional fighting and the presence of the Interhamwe, the group responsible for the 1994 Rwandan genocide. For background information on the DRC and the Great Lakes region, see CRS Report RL32128, Africa's Great Lakes Region: Current Conditions in Burundi, the Democratic Republic of Congo, Rwanda, and Uganda. | |||
| RL32551 (PDF, TXT) | 9/11 Commission Recommendations: The Senate Confirmation Process for Presidential Nominees | Betsy Palmer, Government and Finance Division | March 23, 2005 |
| On July 22, 2004, the National Commission on Terrorist Attacks Upon the United States, also known as the 9/11 Commission, issued its final report, detailing the events up to and including the September 11, 2001 attacks on the United States. The commission made 41 recommendations to Congress and the President on ways to prevent future catastrophic assaults. As a part of its recommendations concerning Unity of Effort in the Congress, the 9/11 Commission included a series of proposals designed to improve the presidential appointments process as it relates to the top national security officials during presidential transitions. This short proposal appears to require major changes in the way the Senate conducts its part of the process. The 9/11 Commissions report did not say how to implement or enforce their recommendation. This report addresses these questions and also discusses the rationale for and implementation of the recommendation. | |||
| RL32830 (PDF, TXT) | The Schiavo Case: Legal Issues | Kenneth R. Thomas, American Law Division | March 23, 2005 |
| Recently, there have been a series of court and legislative actions regarding the proposed withdrawal of nutrition and hydration from a Florida patient, Theresa Schiavo, who has suffered severe brain damage. This report provides a synopsis of the factual and legal issues related to the case. The report then analyzes P.L. 109-3, "For the relief of the parents of Theresa Marie Schiavo." This law provides that either parent of Theresa Marie Schiavo shall have standing to bring a suit in federal court. Under this law, the federal courts shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo under either the Constitution or the laws of the United States, as it relates to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. | |||
| RS21756 (PDF, TXT) | The Option of Freezing Non-defense Discretionary Spending to Reduce the Budget Deficit | Gregg Esenwein and Philip D. Winters, Government and Finance Division | March 23, 2005 |
| Congressional concern over the size of the federal budget deficit has prompted calls for a reduction in federal expenditures. One proposal would freeze non-defense discretionary funding at its FY2005 level. Since non-defense discretionary outlays constitute slightly under 20% of overall federal outlays, limiting their growth would produce a modest reduction in the federal budget deficit. Congressional Budget Office (CBO) estimates indicate that freezing non-defense discretionary funding at its FY2005 level would produce a cumulative savings of approximately $147 billion including reduced interest payments over the FY2006 to FY2010 time period. These savings would reduce the cumulative baseline budget deficit by approximately 12% over the period. | |||
| RS22043 (PDF, TXT) | Privatization and Welfare Administration | Joe Richardson, Domestic Social Policy Division | March 23, 2005 |
| At issue is whether (and how) to extend authority to privatize eligibility determinations to food stamps and Medicaid and the degree to which this might make privatized eligibility determinations more prevalent. In addition to Wisconsin, four states (Arizona, California, Florida, and Texas) have shown interest in expanded privatization. Florida and Texas have asked for food stamp and Medicaid waivers; an Arizona pilot was ended in 2003; and a California government commission has recommended pursuing across-the-board privatization. However, there has been no definitive congressional action. This report gives background on the debate. | |||
| RL32467 (PDF, TXT) | Health Savings Accounts | Bob Lyke, Chris Peterson, and Neela Ranada, Domestic Social Policy Division | March 23, 2005 |
| This report has five parts. It begins with a summary of the principal rules governing HSAs, covering such matters as eligibility, qualifying health insurance, contributions, and withdrawals. The report then compares HSAs to the other types of tax-advantaged accounts mentioned above. Third, it presents data on availability and use of HSA plans (products that combine both the HSA and the associated health insurance) and discusses how rapidly and widely they might spread. Fourth, it discusses HSA plans in the context of what are called consumer-driven health plans. Finally, there is a discussion of several issues, including the effect of HSA plans on adverse selection, the number of uninsured, and healthcare spending, and an overview of current legislation. | |||
| RS22090 (PDF, TXT) | The Family and Medical Leave Act: Background and U.S. Supreme Court Casts | Jon O. Shimabukuro, American Law Division | March 23, 2005 |
| 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 statute. Ragsdale v. Wolverine World Wide, Inc. and Nevada Department of Human Resources v. Hibbs are discussed in this report. | |||
| RS22091 (PDF, TXT) | Export-Import Bank: Legislative Mandate for Small Business | James K. Jackson, Foreign Affairs, Defense, and Trade Division | March 23, 2005 |
| The Export-Import Bank is the chief U.S. government agency that helps finance American exports of manufactured goods. As part of its legislative mandate, Congress has directed the Bank to promote exports of small business concerns and to protect U.S. businesses, including small businesses, from some of the potentially negative economic effects that can arise from such export promotion activities. The 107th Congress directed the Bank to focus its attention in particular on certain types of small business concerns, including those that are socially and economically disadvantaged or owned by women. | |||
| RL32828 (PDF, TXT) | Beneficiary Information and Decision Supports for the Medicare-Endorsed Prescription Drug Discount Card | Diane Justice, Domestic Social Policy Division | March 24, 2005 |
| On December 8, 2003 the President signed into law the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA, P.L. 108-173). This legislation establishes a Medicare prescription drug program, effective January 1, 2006. In the interim, the legislation requires the Department of Health and Human Services (HHS) to establish a temporary program of Medicare-endorsed prescription drug discount cards. The program has two objectives. One is to provide access to prescription drug discounts to persons who voluntarily enroll with a private drug card sponsor. The second is to provide low-income beneficiaries with transitional assistance to pay for some of their prescription drug costs until the new Medicare prescription drug benefit becomes available in 2006. Despite concerted efforts by the Centers for Medicare and Medicaid Services (CMS), 25% of low-income persons who qualify for the program's transitional assistance have enrolled. | |||
| RL32816 (PDF, TXT) | The National Counterterrorism Center: Implementation Challenges and Issues for Congress | Todd M. Masse, Domestic Social Policy Division | March 24, 2005 |
| The purpose of this report is to outline the commonalities and potential differences between EO 13354 and P.L. 108-458, as these conceptual differences could be meaningful in the implementation process of P.L. 108-458 and/or should the issue of intelligence reform be re-visited by the 109th Congress. The report examines some aspects of the law related to the NCTC, including the relationship between the NCTC's Director and the Director of National Intelligence (DNI), which may have implications related to policy and implementation of an effective and efficient nationally coordinated counterterrorism function. Moreover, the report examines several issues that may be of interest to Congress as the NCTC matures and evolves, including potential civil liberties implications of collocating operational elements of the traditional foreign intelligence and domestic intelligence entities of the U.S. Intelligence Community. While the appointment and confirmation of a DNI may resolve some of the uncertainty regarding the NCTC, the NCTC is only one of a myriad of complex issues that will be competing for the time and attention of the recently nominated DNI. An issue for Congress is whether to let the existing intelligence reform law speak for itself (and let certain ambiguities be resolved during implementation), or to intervene to address apparent ambiguities through amendments to the law now. Alternatively, the executive branch may choose to intervene to clarify apparent ambiguities within P.L. 108-458, or between EO 13354 and P.L. 108-458. | |||
| 96-463 (PDF, TXT) | Country Applicability of the U.S. Normal Trade Relations (Most-Favored-Nation) Status | Vladimir N. Pregelj, Foreign Affairs, Defense, and Trade Division | March 24, 2005 |
| The United States accords permanent normal-trade-relations (NTR) (formerly called most-favored-nation (MFN)) treatment to all its trading partners except three countries to which it is denied by law and eight countries whose NTR status is temporary and subject to the conditions of Title IV of the Trade Act of 1974. | |||
| RL32687 (PDF, TXT) | Federal Student Aid Need Analysis Simplification: Legislative Action | Charmaine Mercer, Domestic Social Policy Division | March 24, 2005 |
| This report provides a description of federal need analysis. It also reviews the final recommendations for need analysis simplification issued by the Advisory Committee, and concludes with an overview of legislative action relating to need analysis simplification during the 108th and 109th Congresses. | |||
| RL31983 (PDF, TXT) | Health Care Quality: Improving Patient Safety by Promoting Medical Errors Reporting | C. Stephen Redhead, Domestic Social Policy Division | March 24, 2005 |
| This report provides an overview and some analysis of medical errors reporting and the House and Senate patient safety bills. It begins with background information on the nature and causes of medical errors, followed by a brief comparison of the differences between mandatory and voluntary reporting systems. The report then discusses some of the legal and policy issues facing state mandatory reporting systems and major national voluntary reporting systems, and identifies design features of effective reporting programs. It concludes with a discussion and side-byside comparison of H.R. 663 and S. 544. | |||
| RL32853 (PDF, TXT) | Direct-to-Consumer Advertising of Prescription Drugs | Donna U. Vogt, Domestic Social Policy Division | March 25, 2005 |
| Some Members of Congress are asking whether FDA's current policies on DTC ads give consumers information that appropriately balances risks and benefits or whether ads misrepresent important information patients need prior to purchasing or consuming the drug. This report examines legislative concerns and options on risk and health information as they relate to advertising of drugs. It also discusses activities that could be undertaken with current legislative authority to address concerns about DTC advertising; and examines options for new statutory authority on DTC advertising. | |||
| RS21109 (PDF, TXT) | The Bureau of Indian Affairs' Process for Recognizing Groups as Indian Tribes | M. Maureen Murphy, American Law Division | March 25, 2005 |
| The list of federally recognized Indian tribes is not a static one. The Department of the Interior's Bureau of Indian Affairs has an administrative process by which a group may establish itself as an Indian tribe and become eligible for the services and benefits accorded Indian tribes under federal law. The process requires extensive documentation, including verification of continuous existence as an Indian tribe since 1900, and generally takes considerable time. Final determinations are subject to judicial review. | |||
| RL32025 (PDF, TXT) | Iraqs Trade with the World: Data and Analysis | Vivian C. Jones, Foreign Affairs, Defense, and Trade Division | March 25, 2005 |
| This report provides an analysis of Iraqs trade with the world from 1978 to the present. Iraqs major trading partners are discussed as well as Iraqs principal export and import commodities. Information is also provided on the Iraqi governments alleged illicit trade and trading partners during the UN sanctions period. | |||
| RL32843 (PDF, TXT) | "Entrenchment" of Senate Procedure and the "Nuclear Option" for Change: Possible Proceedings and Their Implications | Richard S. Beth, Government and Finance Division | March 28, 2005 |
| The chief intent of this examination is to identify some specific courses of procedural action that might be used to carry out a "nuclear option" in the broad sense just defined. It focuses on clarifying the specific features of each course that might enable the Senate to avoid the obstacles to change posed by more conventional ways of proceeding. It indicates what provisions of existing procedures might pose difficulties for implementing various courses of action, as well as possible procedural responses by which proponents of such action might address these difficulties. | |||
| RL32840 (PDF, TXT) | Border and Transportation Security: Selected Programs and Policies | Lisa M. Seghetti, Jennifer E. Lake, and William H. Robinson, Domestic Social Policy Division | March 29, 2005 |
| Border and Transportation Security (BTS) is a pivotal function in protecting the American people from terrorists and their instruments of destruction. This report addresses selected programs and policies now in place that seek to attain higher levels of BTS. It is the second in a three-part series of CRS reports that make use of analytical frameworks to better understand complex phenomena and cast them in terms that facilitate consideration of alternative policies and practices. (The first report in the series, CRS Report RL32839, Border and Transportation Security: The Complexity of the Challenge, analyzes the reasons why BTS is so difficult to attain. This report is the second in the series. The final report is CRS Report RL32841, Border and Transportation Security: Possible New Directions and Policy Options.) | |||
| RS22096 (PDF, TXT) | Treatment of Health Care Expenses under the Bankruptcy Abuse Prevention and Consumer Protection Act | Robin Jeweler, American Law Division | March 29, 2005 |
| If enacted, the Bankruptcy Abuse Prevention and Consumer Protection Act would subject prospective debtors under the U.S. Bankruptcy Code to a means test to determine whether they could liquidate under chapter 7 or reorganize under chapter 13. Large outstanding medical expenses alone will not determine eligibility to liquidate or reorganize. They will, however, affect the means test in one of two ways. Prebankruptcy health care expenses are likely to raise the amount of a debtor's unsecured debt. Health insurance premiums and ongoing costs for care of the debtor's dependents may be deducted from the debtor's monthly income to determine the level of disposable income. | |||
| RL32841 (PDF, TXT) | Border and Transportation Security: Possible New Directions and Policy Options | William H. Robinson, Jennifer E. Lake, and Lisa M. Seghetti, Domestic Social Policy Division | March 29, 2005 |
| There is concensus that Border and Transportation Security (BTS) is a pivotal function in protecting the American people from terrorists and their instruments of destruction. The issue for Congress is how to achieve desired levels of security, while not compromising other important values in the process. This report addresses possible new approaches and policy options that might be explored by Congress to attain these goals. It is one of three CRS reports in a series that make use of analytical frameworks to better understand complex problems in BTS and to facilitate consideration of alternative policies and practices. (The first report in the series, CRS Report RL32839, Border and Transportation Security: The Complexity of the Challenge, analyzes the reasons why BTS is so difficult to achieve. The second report CRS Report RL32840, Border and Transportation Security: Selected Programs and Policies, discusses programs now in place. This report is the last in the series). | |||
| RL32836 (PDF, TXT) | Child Welfare: An Analysis of Title IV-E Foster Care Eligibility Reviews | Cheryl Vincent, Domestic Social Policy Division | March 29, 2005 |
| This report provides an overview of the current Title IV-E Foster Care Eligibility Review process and a discussion of state performance on available reviews conducted after the January 25, 2000 rule's effective date. | |||
| RL32541 (PDF, TXT) | Aviation Security-Related Findings and Recommendations of the 9/11 Commission | Bart Elias, Resources, Science, and Industry Division | March 30, 2005 |
| The Intelligence Authorization Act for FY2003 (P.L. 107-306; 116 Stat. 2383) established the National Commission on Terrorists Attacks Upon the United States (the 9/11 Commission). The bipartisan 9/11 Commission was charged with the responsibilities of examining and reporting on the facts and causes of the September 11, 2001 terrorist attacks and presenting its findings, conclusions, and recommendations for corrective measures to prevent future acts of terrorism to the President and the Congress. The 9/11 Commission concluded its investigation and released its final report on July 22, 2004. This CRS report discusses the 9/11 Commissions findings and recommendations pertaining to aviation security. | |||
| RL31724 (PDF, TXT) | Detention of American Citizens as Enemy Combatants | Jennifer K. Elsea, American Law Division | March 31, 2005 |
| This report provides background information regarding the cases of two U.S. citizens deemed "enemy combatants," Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President's actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. A discussion of U.S. practice during wartime to detain persons deemed dangerous to the national security follows, including legislative history that may help to shed light on Congress' intent in authorizing the use of force to fight terrorism. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force. | |||
| RS22029 (PDF, TXT) | The World Bank: Changing Leadership and Issues for the United States and Congress | Martin A. Weiss, Foreign Affairs, Defense, and Trade Division | March 31, 2005 |
| The decision of World Bank President James Wolfensohn to resign in May 2005 has triggered the search for a successor. Although any member of the World Bank Executive Board can propose a candidate for election by a majority vote of members, tradition dictates that the United States selects the President at the World Bank and Europe chooses the International Fund Managing Director. Although there is repeated criticism of this arrangement, and actual proposals to change the system have been considered, it is unlikely that this tradition will be abandoned during the current selection process. The focus of the next World Bank President likely will be on many development issues including global humanitarian and reconstruction assistance and debt relief for the poorest countries, among others. Congress has a significant role in shaping U.S. policy at the World Bank through funding arrangements and oversight responsibility. | |||
| RL32681 (PDF, TXT) | Indian Self-Determination and Education Assistance Act Contracts and Cherokee Nation of Oklahoma v. Leavitt: Agency Discretion to Fund Contract Support Costs | Nathan Brooks, American Law Division | March 31, 2005 |
| On March 1, 2005, the Supreme Court handed down its decision in Cherokee Nation of Oklahoma v. Leavitt. The conflicts in the case (actually two consolidated cases) involved federal agencies' duty to fund contract support costs for contracts with Indian tribes under the Indian Self-Determination and Education Assistance Act (ISDA). While the case in some ways turned on technical questions of statutory interpretation and appropriations law, it also presented interesting questions regarding the federal government's legal responsibility to honor ISDA contracts and how this responsibility compares to the government's general responsibility to pay contractors. This report includes background on the ISDA, a discussion of the conflicting appeals court decisions, and analysis of the Supreme Court's decision. | |||
| RL31092 (PDF, TXT) | Calculating Estate Tax Liability During the Estate Tax Phasedown Period 2001-2009 | Nonna A Noto, Government and Finance Division | April 1, 2005 |
| This report provides an explanation of how to calculate the federal estate tax liability for a taxable estate of any given size, using the schedule of marginal tax rates and the applicable credit amount for the year of death. A numerical example is presented in the text and in a worksheet for a $5 million taxable estate of a decedent dying in 2005. A blank worksheet is provided for readers to make their own calculations. For 2004 and 2005 the applicable exclusion amount - or estate tax exemption - is $1.5 million. The corresponding applicable credit amount is $555,800. | |||
| RS22103 (PDF, TXT) | VXX Presidential Helicopter: Background and Issues for Congress | Christopher Bolkcom, Foreign Affairs, Defense, and Trade Division | April 1, 2005 |
| On January 28, 2005, Navy officials announced the award of the VXX helicopter contract to Lockheed Martin Corp. Critics of the award have raised concerns about the effect on the U.S. defense industrial base, U.S. trade, and whether Buy American statutes apply. Some question whether the competition was fair. Legislation has been introduced regarding some of these issues. | |||
| RL32741 (PDF, TXT) | Consumer Bankruptcy Reform in the 109th Congress: Background and Issues | Robin Jeweler, American Law Division | April 4, 2005 |
| This report reviews the historical context which forms the background for renewed consideration of consumer reform legislation, including a review of the current law and a survey of selected issues that have been the focus of legislative debate in the past, such as the scope of the homestead exemption, non-dischargeability for liability incurred by violent activity, and the protection of child support payments. | |||
| RL32846 (PDF, TXT) | How the Federal Sentencing Guidelines Work: Two Examples | Charles Doyle, American Law Division | April 4, 2005 |
| Until recently, the federal Sentencing Guidelines determine the sentences imposed as punishment for most federal crimes. They are now only advisory, but remain a major sentencing consideration. The guidelines system is essentially a scorecard system. This is a discussion of how the system works using two relatively simple examples , one involving a terrorism-related crime and the other involving drug trafficking. | |||
| RL32855 (PDF, TXT) | Presidential Review of Agency Rulemaking | T.J. Halstead, American Law Division | April 5, 2005 |
| Presidential review of agency rulemaking is widely regarded as one of the most significant developments in administrative law since the introduction of the first formal review programs in the 1970's. The evolution of presidential review of agency rulemaking efforts from the Reagan era through the current Administration marks a significant assertion and accumulation of presidential power in the regulatory context. While initial presidential forays into centralized regulatory review were limited in scope, presidential review of rules has emerged as one of the most effective and controversial mechanisms by which a President can ensure the realization of his regulatory agenda. | |||
| RS22104 (PDF, TXT) | Sentencing Under the Federal Sentencing Guidelines: An Abridged Controlled Substance Example | Charles Doyle, American Law Division | April 5, 2005 |
| Until recently, the federal Sentencing Guidelines determined the sentences meted out as punishment for most federal crimes. Then the Supreme Court declared that as a matter of constitutional necessity the Guidelines must be viewed as advisory rather than mandatory. The Guidelines remain a major consideration nevertheless. The Guidelines system is essentially a scorecard system. The purpose of this report is to give a bare bones description of the score-keeping process with a simple example of how it works in a drug trafficking case. | |||
| RS22105 (PDF, TXT) | Sentencing Under the Federal Sentencing Guidelines: An Abridged Terrorism Related Example | Charles Doyle, American Law Division | April 5, 2005 |
| Until recently, the federal Sentencing Guidelines determined the sentences meted out as punishment for most federal crimes. Then the Supreme Court declared that as a matter of constitutional necessity the Guidelines must be viewed as advisory rather than mandatory. The Guidelines remain a major consideration nevertheless. The Guidelines system is essentially a scorecard system. The purpose of this report is to give a bare bones description of the score-keeping process with a simple example of how it works in a terrorism related case. | |||
| RL32574 (PDF, TXT) | Upper Mississippi River-Illinois Waterway Investments: Proposed Authorization Legislation in the 108th Congress | Nicole T. Carter and Kyna Powers, Resources, Science, and Industry Division | April 5, 2005 |
| Three bills in the 108th Congress - H.R. 4785, S. 2470, and S. 2773 - would have authorized many of the UMR-IWW investments recommended by the Corps; they would have authorized $1.73 billion for navigation, and $1.46 billion for ecosystem restoration. No action was taken on H.R. 4785 or S. 2470. Water Resources Development Act (WRDA) is the traditional legislative vehicle for authorizing Corps projects. On August 25, 2004, the Senate Environment and Public Works Committee reported S. 2773 - WRDA 2004. The Senate did not hold a floor vote on the bill. The House passed a WRDA 2003 (H.R. 2557) without a UMRIWW authorization on September 26, 2003. (That vote took place before the Corps' UMR-IWW feasibility report was available). A fourth bill - H.R. 4686, the Mississippi River Protection and Restoration Act of 2004 - would have expanded ecosystem restoration under the existing Environmental Management Program (EMP) for the Upper Mississippi River System (UMRS); it would not have authorized navigation investments. No action was taken on H.R. 4686. | |||
| RS22107 (PDF, TXT) | State Regulation of Tribal Lands in New York: City of Sherrill v. Oneida Indian Nation of New York | Nathan Brooks, American Law Division | April 6, 2005 |
| On March 29, 2005, the Supreme Court issued its decision in City of Sherrill v. Oneida Indian Nation of New York, a case with serious implications for the State of New York's ability to regulate tribal lands within New York. A federal appeals court had ruled that the Oneida Indian Nation could, by purchasing former reservation lands illegally alienated from the tribe, reestablish the reservation status of those lands and thereby shield them from state taxation. The Supreme Court reversed this decision, holding that the passage of time between the illegal conveyance and the claim in this case barred the Oneidas' attempt to reassert sovereignty over the land in question. | |||
| RL32849 (PDF, TXT) | Child Welfare Financing: An Issue Overview | Emilie Stoltzfus, Domestic Social Policy Division | April 6, 2005 |
| The purpose of this report is to describe the federal interest in child welfare (as expressed by Congress); describe the current level and structure of federal dedicated child welfare financing and examine trends in the appropriation and spending of this money; and to review the extent to which states rely on non-dedicated federal funds for child welfare purposes. Finally, the report discusses the future federal commitment to child welfare financing, along with the concepts of flexibility and accountability, as these relate both to current law and to recent proposals to alter federal child welfare financing. | |||
| RL32851 (PDF, TXT) | Hazardous Materials Transportation Security: Highway and Rail Modes | Paul F. Rothberg, Resources, Science, and Industry Division | April 6, 2005 |
| This report provides a general overview of hazmat transportation security and focuses on the federal role. The report first summarizes an array of key governmental activities that might be encompassed in a layered system of security enhancements. This theoretical system is then compared to a summary of the status of current federal governmental efforts. More specifically, the report outlines illustrative key actions taken by the DOT and the Department of Homeland Security (DHS) to promote hazmat security in surface transportation. The report then summarizes some concerns associated with the federal effort in promoting hazmat transportation security, specifically commenting on the adequacy of some DHS and DOT efforts, as well as routing, pre-notification, and research concerns. Finally, the report presents ten options that might be considered to further strengthen hazmat transportation security. | |||
| RS21985 (PDF, TXT) | The Canadian Hog Trade Dispute | Geoffrey S. Becker, Resources, Science, and Industry Division | April 6, 2005 |
| On April 6, 2005, the U.S. International Trade Commission (ITC) made a final determination that imports of live Canadian hogs are not materially injuring the U.S. hog industry. The ITC's negative determination culminates investigations requested in March 2004 by U.S. pork producers under U.S. antidumping (AD) and countervailing duty (CVD) laws, and means that no import duty order will be imposed. The ITC's decision came despite an earlier U.S. Department of Commerce (DOC) final determination that producers/exporters have sold live swine from Canada at less than fair value. DOC also earlier announced its final CVD determination that countervailable subsidies are not being provided to Canadian producer/exporters, ending the CVD investigation. | |||
| RL32705 (PDF, TXT) | Border and Transportation Security: Overview of Congressional Issues | Jennifer E. Lake, Domestic Social Policy Division | April 7, 2005 |
| This report provides a summary of the roles and responsibilities of various federal agencies engaged in border and transportation security activities; describes selected concepts and terms prominent in border and transportation security debates; and discusses selected issues that might be of interest to the 109th Congress. These issues include immigration-related border security issues; cargo security issues; aviation and non-aviation transportation security; and maritime security issues. This report will be updated as significant developments occur. An appendix contains summaries of the following: key recommendations of the 9/11 Commission affecting border and transportation security; similar provisions in the recently enacted Intelligence Reform and Terrorist Prevention Act of 2004, and Homeland Security Presidential Directive 11 (HSPD-11). | |||
| RS21596 (PDF, TXT) | EU Tax on Digitally Delivered E-Commerce | Martin A. Weiss, Foreign Affairs, Defense, and Trade Division; and Nonna A. Noto, Government and Finance Division | April 7, 2005 |
| On July 1, 2003, the European Union (EU) began requiring U.S. and other non-EU firms to pay value added tax (VAT) on the sale of goods and services digitally delivered to individual customers in the EU. The tax rules apply to the supply over electronic networks (digital delivery) of software and computer services generally, plus a wide array of information services. U.S. and other non-EU firms are required to register in one EU country but pay the VAT at the rate applicable in each customer's country. In contrast, EU firms pay tax at the single rate of the country in which they are located. EU taxation of digital transactions raises several policy questions for the United States. These include the taxation of digital commerce, unequal taxation of EU versus non-EU firms, high tax compliance costs, EU competition with the Organization for Economic Cooperation and Development's (OECD's) multilateral discussions of the taxation of e-commerce, and the possibility of a complaint to the World Trade Organization (WTO). The issue of requiring a foreign firm to collect tax on sales at multiple rates depending on the customer's country of residence is similar to the domestic issue, raised in connection with the Internet tax moratorium, of possibly requiring U.S. sellers to collect tax on interstate sales based on the tax in the customer's state of residence. | |||
| RS22108 (PDF, TXT) | The United Nations and "Gun Control" | Marjorie Ann Browne, Foreign Affairs, Defense, and Trade Division | April 7, 2005 |
| Since the mid-1990s, some sources have stated that the United Nations is trying to disarm the world by taking control of all guns, including in particular, guns held by private citizens in the United States. U.N. member states have discussed problems associated with increasing numbers of firearms throughout the world in various U.N. organs and subsidiary bodies. These discussions have been directed towards illegal manufacture and trafficking in firearms. This report summarizes the results of these considerations in two central U.N. venues - the criminal arena and the arms control and disarmament arena. U.S. representatives have participated in these discussions, usually pointing out this country's interest in protecting the Second Amendment rights of U.S. citizens to own guns. U.S. representatives have also expressed concern that the increasing quantities of illegally manufactured and trafficked firearms that are contributing to rising levels of crime, violence, and conflict are also accessible to terrorists. | |||
| RS22027 (PDF, TXT) | Indian Ocean Earthquake and Tsunamis: Food Aid Needs and U.S. Response | Charles E. Hanrahan, Resources, Science, and Industry Division | April 8, 2005 |
| On December 26, 2004, an undersea earthquake of magnitude 9.0 off the coast of Aceh Province (Sumatra) in Indonesia set off a series of large tidal waves across the Indian Ocean region.1 In all, 12 countries were hit by wave surges, with the brunt of the impact in coastal communities in Indonesia, the Maldives, Sri Lanka, and Thailand. The death toll has been estimated at 140,000-200,000. An estimated 2 million people are in urgent need of food aid. Thus far, the United States, other countries, and international organizations have pledged over $4 billion in emergency assistance. The U.S. pledged contribution, including food aid valued at $34.6 million, currently stands at $350 million. H.R. 1268, the FY2005 Emergency Supplemental Appropriations Act, which passed the House on March 16, 2005, provides an additional $656 million for tsunami relief, some of which could be used for food aid. The Senate appropriations committee reported its version of FY2005 emergency supplemental appropriations with the same amount for tsunami relief. Prior to the Indian Ocean disaster, U.S. and global food aid resources were facing considerable demand for emergency food aid to respond to urgent needs, especially in sub-Saharan Africa. Congress may be confronted with a number of interrelated food aid issues early in the 109th Congress, including reconciling emergency and non-emergency uses of food aid, determining the U.S. share of global food aid for tsunami victims as well as other food-insecure people in Africa and elsewhere, and funding alternatives for U.S. emergency and non-emergency food aid. | |||
| RS20263 (PDF, TXT) | Designation of Critical Habitat under the Endangered Species Act (ESA) | Pamela Baldwin, American Law Division | April 11, 2005 |
| 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 listing of the species to the earlier of either three years after listing or one year after approval of a recovery plan for that species. This report provides background for considering agency regulations and current legislative proposals on CH. | |||
| RL32365 (PDF, TXT) | Adult Education and Literacy: Reauthorization Proposals of the 108th Congress | Paul M. Irwin, Domestic Social Policy Division | April 11, 2005 |
| The 108th Congress considered but did not complete the reauthorization of adult education and literacy programs. The Adult Education and Family Literacy Act (AEFLA) authorized these programs through FY2003. The General Education Provisions Act (GEPA) provided a one-year extension of authorization, and AEFLA programs continue to operate through annual appropriations. The primary AEFLA activity is a state grant program that supports education and literacy services for educationally disadvantaged adults. The AEFLA also authorizes national leadership activities in adult education and literacy, and the National Institute for Literacy. The FY2005 AEFLA appropriation is $585 million. The AEFLA was enacted as Title II of the Workforce Investment Act of 1998 (WIA), P.L. 105-220, on August 7, 1998. | |||
| RS22110 (PDF, TXT) | Coastal Louisiana Ecosystem Restoration: The Recommended Corps Plan | Jeffrey Zinn, Reources, Science, and Industry Division | April 11, 2005 |
| 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 package are recommendations for immediate authorization ($1,123 million), further authorized investigation ($145 million), and projects that could be authorized in the future ($728 million). This CRS short report is limited to a summary of this Corps report and the next steps in implementation. It will be updated if Congress enacts implementing legislation. | |||
| RL32848 (PDF, TXT) | Investing Social Security Funds in the Stock Market: Some Economic Considerations | Brian W. Cashell, Government and Finance Division | April 12, 2005 |
| Investing in the stock market could be a significant change in public policy. It would affect the overall distribution of assets and income, and the allocation of risk. There is also a question of what will happen to stock prices if and when retiring baby boomers begin to sell off their assets. This report explores the economic consequences of investing Social Security receipts in the stock market, as well as the possible consequences for equity markets when the baby boomers retire. | |||
| RS22113 (PDF, TXT) | The Sale of a rincipal Residence Acquired Through a Like-Kind Exchange | Gregg Esenwein, Government and Finance Division | April 12, 2005 |
| When business or investment property is exchanged for property of a "like kind," (often referred to as a 1031 exchange) no gain or loss is recognized on the exchange, and therefore, no tax is paid at the time of the exchange on any appreciation in the value of the property . The like-kind exclusion is sometimes combined with the exclusion of tax on the gain from the sale of a principal residence. In effect, this combination can allow taxpayers to avoid paying tax on the gain from the sale of their investment property. The American Jobs Creation Act of 2004, enacted on October 22, 2004, addressed this issue of combining like-kind exchanges with the exclusion of tax on the sale of a principal residence. As of the date of enactment, the exclusion for gain on the sale of a principal residence no longer applies if the principal residence was acquired in a likekind exchange within the past five years. In effect, this requires the taxpayer to hold the exchanged property for a full five years before it would qualify as a principal residence. This change reduces, but does not eliminate, the attractiveness of combining like-kind exchanges with the principal residence exclusion. | |||
| RL32858 (PDF, TXT) | Health Information Technology: Promoting Electronic Connectivity in Healthcare | C. Stephen Redhead, Domestic Social Policy Division | April 13, 2005 |
| Lawmakers in the 109th Congress are likely to consider legislation to boost federal investment and leadership in health IT and provide incentives both for EHR adoption and for the creation of regional health information networks, which are seen as a critical step towards the goal of interconnecting the health care system nationwide. Congress laid the groundwork for establishing an NHII when it enacted the 1996 Health Insurance Portability and Accountability Act (HIPAA). HIPAA instructed the HHS Secretary to develop privacy standards to give patients more control over the use of their medical information, and security standards to safeguard electronic patient information against unauthorized access, use, or disclosure. This report summarizes recently proposed and enacted legislation to promote the use of EHRs and the development of the NHII. It begins with a brief discussion of some of the benefits of broadening the application of information technology (IT) in health care, as well as the significant financial, technical, and legal barriers to the adoption of health IT. That is followed by a summary of the goals articulated in the federal government's strategic framework for health IT adoption. The report concludes with a set of tables summarizing health IT legislation in the 108th and 109th Congresses. | |||
| RL32859 (PDF, TXT) | The "Superwaiver" Proposal and Service Integration: A History of Federal Initiatives | Cheryl Vincent, Domestic Social Policy Division | April 13, 2005 |
| This report reviews the history, trends, and outcomes of past federal initiatives to integrate social services that might be seen as comparable to the current "superwaiver" proposal. These past attempts are wide ranging and have included efforts to reform the federal grant management system, implement small-scale pilot or demonstration projects, as well as simplify administrative regulations across programs. They are related in the sense that they have sought to cut across multiple federal program boundaries in order to give state and local agencies more flexibility to integrate and coordinate programs that serve the same or overlapping low-income populations. Much of the discussion in this report transcends the "superwaiver" debate, and can be understood as an analysis of service integration as a long sought after policy objective. | |||
| RL32864 (PDF, TXT) | Coup in Kyrgyzstan: Developments and Implications | Jim Nichol, Foreign Affairs, Defense, and Trade Division | April 14, 2005 |
| The United States has been interested in helping Kyrgyzstan to enhance its sovereignty and territorial integrity, increase democratic participation and civil society, bolster economic reform and development, strengthen human rights, prevent weapons proliferation, and more effectively combat transnational terrorism and trafficking in persons and narcotics. The United States has pursued these interests throughout Central Asia, with special strategic attention to oil-rich Kazakhstan and regional-power Uzbekistan, and somewhat less to Kyrgyzstan. The significance of Kyrgyzstan to the United States increased after the September 11, 2001, terrorist attacks on the United States. The U.S. military repaired and upgraded the air field at the Manas international airport for trans-shipping personnel, equipment, and supplies to support coalition operations in Afghanistan and the region. In early 2005, the base hosted about 800 U.S. and 100 Spanish troops. | |||
| RL32877 (PDF, TXT) | Defense Budget: Long-Term Challenges for FY2006 and Beyond | Stepen Daggett, Foreign Affairs, Defense, and Trade Division | April 20, 2005 |
| This report reviews long-term trends in the defense budget and discusses the challenges Congress and the Defense Department may face in trying to adjust plans in the face of fiscal constraints. | |||
| RS22119 (PDF, TXT) | China's Growing Interest in Latin America | Kerry Dumbaugh and Mark P. Sullivan, Foreign Affairs, Defense, and Trade Division | April 20, 2005 |
| 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 threat to U.S. influence. Others assert that China's inroads in Latin America are marginal and likely to remain overwhelmed by the economic and geographic advantage of the U.S. market. Although many Latin American countries welcome the new Chinese investment, some view China as an economic threat, and are concerned that both their domestic industries and their U.S. export markets will be overwhelmed by cheap Chinese imports. | |||
| RL32871 (PDF, TXT) | Youth: From Classroom to Workplace? | Linda Levine, Domestic Social Policy Division | April 20, 2005 |
| A part of the discourse about remedies to potential labor shortages has involved older persons themselves and changes in immigration policy. Little consideration has been given to the role that might be played by the younger members of the workingage population, who are in part the focus of legislation being considered for reauthorization by the 109th Congress (the Workforce Investment Act, the Carl D. Perkins Vocational and Technical Education Act, and the Higher Education Act). Specifically, are the youngest replacements for retiring baby-boomers being fully utilized in the sense that most teenagers and young adults successfully transition from the classroom to the workplace? Which 16-24 year olds are, instead, more likely to impose costs on society rather than contribute to the economy as taxpayers?1 This report will examine the experience of youth in the labor force and attempt to shed some light on these matters. | |||
| 98-806 (PDF, TXT) | An Overview of the Impeachment Process | T.J. Halstead, American Law Division | April 20, 2005 |
| This report provides an overview of the impeachment process, reflecting the roles of both the House and the Senate during the course of an impeachment inquiry and trial. | |||
| RL32874 (PDF, TXT) | Standing Order and Rulemaking Statute: Possible Alternatives to the "Nuclear Option?" | Christopher M. Davis, Government and Finance Division | April 20, 2005 |
| Concern over the Senate's inability to reach a vote on certain pending nominations has led some Senators to express an interest in amending or bypassing the supermajority requirement to limit consideration now required by Senate rules. Such an approach to ending filibusters, dubbed the ‘nuclear' or ‘constitutional' parliamentary option, might be accomplished in several ways, some of which, opponents argue, could violate Senate rules or precedents. It might also be possible to institute new consideration limits on nominations by establishing a new standing order or by statutory provisions having the force of rules. Action in either of these forms might have advantages over both standing rule amendments and precedential action, but might also present special obstacles. The purpose of this report is to examine advantages and disadvantages of limiting Senate consideration by these forms. | |||
| RL32875 (PDF, TXT) | The Child Support Enforcement Program: A Review of the Data | Carmen Solomon-Fears, Domestic Social Policy Division | April 21, 2005 |
| For the past 20 years (since the 1984 Amendments), the CSE program and major changes or modifications to it have consistently had bipartisan congressional support. Child support proposals that were introduced in the 106th, 107th, and 108th Congresses, and that have been reintroduced in the 109th Congress, seek to fully implement a "family first" policy by ensuring that more of the child support collected on behalf of TANF families go to the family, and that all of the child support collected on behalf of former-TANF families go to the family. In addition, the proposed legislation has included additional child support collection methods/enforcement techniques to ensure that noncustodial parents of all children are made to be financially responsible for their children. These CSE proposals are broadly supported but generally have been incorporated into the controversial welfare reauthorization legislation, and therefore have not yet passed both houses of Congress. | |||
| RL32878 (PDF, TXT) | Cloture Attempts on Nominations | Richard S. Beth and Betsy Palmer, Government and Finance Division | April 22, 2005 |
| Cloture is the only means by which the Senate can vote to limit debate on a matter, and thereby overcome a possible filibuster. It would be erroneous, however, to assume that cases in which cloture is sought are the same as those in which a filibuster occurs. Cloture may be sought when no filibuster is taking place, and filibusters may occur without cloture being sought. | |||
| RL32883 (PDF, TXT) | U.S. Automotive Industry: Policy Overview and Recent History | Stephen Cooney and Brent D. Yacobucci, Resources, Science, and Industry Division | April 25, 2005 |
| From a once-dominant position in the domestic market, the Big Three today produce less than 60% of all automobiles and light trucks sold in the United States. Their market share has been steadily declining. The Big Three developed a consumer-oriented light truck product, the "sports utility vehicle" (SUV), which market they still dominate, but Japanese and German-based manufacturers have been making major inroads in this class as well. Moreover, to some critics the Big Three have been on the wrong side of every environmental, safety and social issue, from opposition to the Clean Air Act, corporate average fuel economy ("CAFE") standards, and mandatory seat belt requirements in the 1960s and 1970s, to slowness in developing alternative fuel vehicles today. | |||
| RS22123 (PDF, TXT) | House Select Committee on Intelligence: Leadership and Assignment Limitations | Judy Schneider, Government and Finance Division | April 25, 2005 |
| Both House rules and respective party rules address committee assignments and leadership selection. Several of those rules apply specifically to select committees, and in some cases, are unique to the Permanent Select Committee on Intelligence. This report identifies House rules, Republican Conference rules, and Democratic Caucus rules that affect the makeup of the Permanent Select Committee on Intelligence. | |||
| RL32881 (PDF, TXT) | The Department of Labor's New Rules for Working Children and Yough: February 2005 | William G. Whittaker, Domestic Social Policy Division | April 25, 2005 |
| The Fair Labor Standards Act (FLSA) is the primary federal statute that deals with minimum wages, overtime pay, and child labor constraints - among its various functions. In jurisdictional terms, the Act has something of a dual structure. On the one hand, the Congress can (and has) legislated directly on behalf of children and youth who work. Conversely, where a field has not been preempted by Congress, the Secretary has the authority (and responsibility) to review areas of work by youth or children and to assess whether they are appropriate for youngsters and, if so, under what conditions such children and youth might be employed. This report reviews both functions. First. It reviews the implementation of two acts of the Congress: (a) youth workers who are engaged, as part of their more general work, as waste "paper balers" and "paper box compactors" (P.L. 104-174), and (b) persons, under 18 years of age, who engage in "incidental and occasional" use of an automobile as part of their work (P.L. 105-334). In each case, Congress has already acted. However, the implementation of these statutes has been left up to the Secretary of Labor - within certain guidelines. Second. Although the FLSA lays down certain general standards for youth/child labor, its general implementation and enforcement has been delegated to the Secretary of Labor. In this broader area of her responsibility, the Secretary is able to assess the types of work in which youth/child workers may be engaged, setting standards that will protect them from injury and will insure that the work does not interfere with the youth's educational responsibilities. | |||
| RS22124 (PDF, TXT) | Potential House Apportionment Following the 2010 Census Based on Census Bureau Population Projections | David C. Huckabee, Government and Finance Division | April 26, 2005 |
| The Census Bureau's 2005 population projections for the year 2010 raise the possibility of potentially significant changes in the allocation of Representatives among the states. If the projections for the year 2010 presage the actual Census, 10 seats will shift, affecting a total of 15 states. CRS experience with prior Census Bureau population projections suggests, however, they are an imperfect predictor of actual number of Representatives states will be granted after a census. | |||
| RS21680 (PDF, TXT) | Affiliates in Banking, Finance, and Commerce: Development and Regulatory Background | William D. Jackson, Government and Finance Division | April 27, 2005 |
| The proliferation of corporate affiliates in banking, finance, and commerce has figured in discussion of several policy issues, including how to protect against (1) losses incurred by affiliated companies; (2) anticompetitive "tying" of bank and nonbank financial services; and (3) misuse of financial data of consumers. The Gramm-Leach- Bliley Act in 1999 greatly increased affiliations. Sharing of consumer financial information among affiliates, one issue in reauthorization of the Fair Credit Reporting Act, requires considerable attention to affiliations. Proposed Community Reinvestment Act regulations involve affiliates of banks. Comptroller of the Currency efforts to bring subsidiaries of national banks under federal banking law, preempting than state laws, also involve affiliations. This report outlines the nature and evolution of affiliates, primarily from a regulatory perspective. It provides background for discussing financial issues involving corporate affiliates. | |||
| RS20343 (PDF, TXT) | Federal Excise Taxes on Tobacco Products: Rates and Revenues | Louis Alan Talley, Government and Finance Division | April 28, 2005 |
| This report examines increases in excise tax rates on tobacco products contained in the Balanced Budget Act of 1997 (P.L. 105-33). Under that act, the increased rates on tobacco products became effective in two stages. The first scheduled increase in rates occurred on January 1, 2000, while the second increase in rates occurred two years later on January 1, 2002. The increased rates apply to all tobacco products. In addition, the act included a new excise tax on roll-your-own tobacco which became effective January 1, 2000. Also included in the act were expanded compliance measures designed to ensure collections of tobacco excise tax monies. As a result of payments made by tobacco companies under the Master Settlement Agreement and the resulting increase in the cost of tobacco products, tobacco consumption declined. Thus, projected federal tobacco revenues have declined somewhat when compared to prior revenue estimates made at the time of the Balanced Budget Act's passage. | |||
| RL32889 (PDF, TXT) | Intercarrier Compensation: One Component of Telecom Reform | Charles B. Goldfarb, Resources, Science, and Industry Division | April 28, 2005 |
| Nondiscriminatory intercarrier compensation - the payments that interconnected carriers make to one another when more than one carrier's network must be used to complete a telephone call or other electronic communication - is the linchpin of a competitively neutral regulatory regime. Under current statutory requirements and regulatory rules, these payments vary widely (from 0.1 cents to 5.1 cents per minute), depending on whether the interconnecting party is a local exchange carrier, a long distance carrier, a wireless carrier, or an information service provider, and whether the service is classified as telecommunications or information, local or long distance, or interstate or intrastate - even though in each case basically the same transport and switching functions are provided. | |||
| RL32897 (PDF, TXT) | Post-9/11 National Threat Notification Efforts: Issues, Actions, and Options for Congress | John Rollins and L.J. Cunningham, Foreign Affairs, Defense, and Trade Division | April 29, 2005 |
| This report reviews past warnings and changes in the alert level, organizations that have made public statements regarding threats to the Nation, and examples of how this lack of unity might lead to confusion and misinterpretations of the threat level. Options for Congress are provided regarding delineation of roles and responsibilities and which government entity should be held accountable for warning the Nation of threats to the homeland . | |||
| RL32793 (PDF, TXT) | House Committee Funding Legislation, 109th Congress | R. Eric Petersen, Government and Finance Division | April 29, 2005 |
| This report provides committee funding requests for the 109th Congress and authorizations for House committees in the 104th-108th Congresses. | |||
| RS21603 (PDF, TXT) | Minimum Distribution Requirements for Foundations: Proposal to Disallow Administrative Costs | Jane G. Gravelle, Government and Finance Division | April 29, 2005 |
| 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 than that administrative expenses be reasonable. The principal arguments for disallowing administrative costs in the minimum distribution requirement are to discourage excessive administrative costs and increase the level of grants. The principal objections are that the restriction would increase the tendency of current requirements to erode real asset values and that the restriction would be especially harmful for those grant objectives that require a significant amount of monitoring. The revision may deal in part with that last objection. | |||
| RL32887 (PDF, TXT) | Strategic Mobility Innovation: Options and Oversight Issues | Jon D. Klaus, Foreign Affairs, Defense, and Trade Division | April 29, 2005 |
| With the George W. Bush Administration proposing a reduction in the U.S. military overseas basing posture and also identifying transformation as a major goal for the Department of Defense (DOD), the need to rapidly transport U.S. military forces from one location to another has appeared to increase in importance. Consequently, Congress may opt to consider what the future holds in the area of strategic mobility innovation. A central issue for the 109th Congress is the determination of which investments should be pursued today to develop strategic mobility platforms to meet tomorrow's National Security Strategy requirements. Congressional decisions concerning this issue could have significant implications for future U.S. military capabilities, DOD funding requirements, the defense industrial base, and future congressional oversight of DOD activities. This report examines strategic mobility innovation in airlift and sealift used to transport cargo and personnel between theaters of operation (inter-theater). | |||
| RL32895 (PDF, TXT) | Textile Exports to Trade Preference Regions | Bernard A. Gelb, Resources, Science, and Industry Division | May 2, 2005 |
| This report examines the levels of U.S. yarn, fiber, and fabric exports to countries covered by U.S. trade preference programs before and after textile trade preferences went into effect. Specifically, the trade preference programs covered are the African Growth and Opportunity Act (AGOA), the Andean Trade Promotion and Drug Eradication Act (ATPDEA), and the Caribbean Basin Trade Preference Act (CBTPA) - including any subsequent amendments. AGOA textile trade preference provisions became effective in October 2000. ATPDEA textile trade preference provisions became effective in late 2002. CBTPA textile trade preference provisions became effective in October 2000. The nature and the product coverage of trade preferences differ among the programs. Textile preferences of all three programs have been liberalized since initial enactment. The report first presents and describes trends in the dollar value of U.S. domestic exports of fiber, yarn, and fabric of all fiber types (cotton, manmade, silk, etc.) to each of the three trade preference regions from 1996 through 2004. This is followed by a focus on exports of cotton fiber, yarn, and fabric only. Cotton or cotton blend intermediate textile items account for about half of U.S. domestic exports to the three trade preference regions combined. The data are organized according to Harmonized Tariff Schedule (HTS) chapters described in the appendix to this report. | |||
| RS22132 (PDF, TXT) | Legislative Vetoes After Chadha | Louis Fisher, Government and Finance Division | May 2, 2005 |
| In INS v. Chadha, 462 U.S. 919 (1983), the Supreme Court struck down Congress's use of the "legislative veto," a device used for half a century to control certain activities in the executive branch. Congress had delegated power to executive officials on the condition that Congress could control their decisions without having to pass another law. These legislative controls, short of a public law, included one-house vetoes, two-house vetoes, and committee vetoes. Congress no longer relies on onehouse or two-house vetoes, but committee and subcommittee vetoes continue to be a part of executive-legislative accommodations. | |||
| RS21905 (PDF, TXT) | Agriculture in the WTO Doha Round: The Framework Agreement and Next Steps | Charles E. Hanrahan, Resources, Science, and Industry Division | May 3, 2005 |
| 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 (nonagricultural 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 report on agriculture modalities is expected by July 2005, but disagreement over a reduction formula for agricultural tariffs has slowed preparation of the report. If agreed to, the agriculture modalities report would be on the agenda of the WTO's Sixth Ministerial Conference in December 2005, and negotiations could be completed during 2006. In the meantime, the President has requested a two-year extension of trade promotion authority procedures (TPA, also known as fast-track) for considering legislation to implement trade agreements. DDA negotiations, which could affect farm programs and spending levels authorized in the 2002 farm bill, could be wrapping up as Congress begins considering the next farm bill. | |||
| RS22135 (PDF, TXT) | Effective Dates of the Bankruptcy Abuse Prevention and Consumer Protection Act | Robin Jeweler, American Law Division | May 3, 2005 |
| The means test and consumer provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), P.L. 109-8, will become operative on October 17, 2005. Other provisions of the law, cited below, took effect on the date of enactment, April 20, 2005, or will take effect at another future date. | |||
| RS22134 (PDF, TXT) | International Financial Institutions: Funding U.S. Participation | Jonathan E. Sanford, Foreign Affairs, Defense, and Trade Division | May 3, 2005 |
| Since 1945, the United States has contributed $98 billion to the IMF and the multilateral development banks (MDBs) and it has subscribed an additional $96.6 billion in callable capital. The procedures the United States uses to fund its financial support for these institutions varies from organization to organization and are described in this report. | |||
| RS22133 (PDF, TXT) | Multilateral Development Banks: Current Authorization Requests | Jonathan E. Sanford, Foreign Affairs, Defense, and Trade Division | May 3, 2005 |
| The Administration has asked Congress to authorize U.S. participation in three new funding plans for multilateral development bank (MDB) concessional aid programs. In total, the three plans would authorize the appropriation of $1.2 billion annually for these programs, a small increase in the amount currently authorized for these programs. The Administration states that it has been very successful in its efforts to promote policy reform or procedural change in the MDBs. | |||
| RS22136 (PDF, TXT) | East Timor: Potential Issues for Congress | Rhoda Margesson and Bruce Vaughn, Foreign Affairs, Defense, and Trade Division | May 4, 2005 |
| 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 Indonesianbacked 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 Security Council established a special one-year political mission to last until May 2006. Many challenges remain, including the need for economic development and sustained support by the international community. Congressional concerns focus on security and the role of the U.N., human rights, and East Timor's boundary disputes with Australia and Indonesia. Over time, East Timor could potentially gain significant wealth from energy resources beneath the Timor Sea. | |||
| RL31115 (PDF, TXT) | Legal Issues Related to Proposed Drilling for Oil and Gas in the Arctic National Wildlife Refuge (ANWR) | Pamela Baldwin, American Law Division | May 4, 2005 |
| Congress is again considering whether to permit drilling for oil and gas in the coastal plain of the Arctic National Wildlife Refuge (ANWR), Alaska, to designate the area as wilderness, or to retain the status quo of maintaining the area as a Refuge without drilling. This area is rich in wildlife and wilderness values, but may also contain significant oil and gas deposits. H.R. 567 and S. 261 have been introduced in the 109th Congress to designate the coastal plain of ANWR a wilderness, but H.R. 6 has passed the House. Title XXII of the bill would authorize oil and gas leasing in ANWR. Both the House and Senate have approved H.Con.Res. 95, a budget resolution that may necessitate revenues from oil and gas development in the Refuge to meet the budget reconciliation targets, and allow enactment of such legislation without filibuster. This report provides background on the legal issues surrounding ANWR development proposals, | |||
| RS22138 (PDF, TXT) | The Individuals with Disabilities Education Act: Overview of P.L. 108-446 | Nancy Lee Jones, American Law Division; and Richard N. Apling, Domestic Social Policy Division | May 5, 2005 |
| 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 but also makes significant changes in the law. Most provisions of P.L. 108-446 go into effect on July 1, 2005. This report discusses several of the major changes made by the reauthorization. | |||
| RL32906 (PDF, TXT) | Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 108th Congress | Henry B. Hogue, Government and Finance Division; Maureen Bearden and Dana Ely, Knowledge Services Group | May 5, 2005 |
| This report provides an overview of the process for filling positions to which the President makes appointments with the advice and consent of the Senate. It also discusses nominations to full-time positions in 38 executive branch organizations (25 independent agencies, six agencies in the Executive Office of the President (EOP), and seven multilateral banking organizations) and four legislative branch agencies. | |||
| RL32912 (PDF, TXT) | Federal-State Maritime Boundary Issues | Laura K. Welles and Eugene H. Buck, Resources, Sciences, and Industry Division; and Aaron M. Flynn, American Law Division | May 5, 2005 |
| Over the last few decades, new uses for coastal and offshore areas have emerged, including aquaculture and renewable energy (wind, wave, and tidal), while more traditional uses, such as commercial fishing and oil and gas development on the Outer Continental Shelf, have continued to flourish. As technologies improve, companies will likely seek to expand offshore activities and conduct many of them farther from the coast. For example, interest in offshore wind energy has already grown in recent years, resulting in numerous offshore projects being proposed off the coasts of Delaware, Maryland, Massachusetts, New Jersey, New York, and Virginia. | |||
| RS22140 (PDF, TXT) | The SAFE Acts of 2005: H.R. 1526 and S. 737--A Sketch | Charles Doyle, American Law Division | May 9, 2005 |
| 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 communications related to national security letters, the definition of "domestic terrorism," and expansion of the sunset provisions of the USA PATRIOT Act. | |||
| RL32907 (PDF, TXT) | Security and Freedom Ensured Act (SAFE Act) (H.R. 1526) and Security and Freedom Enhancement Act (SAFE Act) (S. 737): Section by Section Analysis | Charles Doyle, American Law Division | May 9, 2005 |
| 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 communications related to national security letters, the definition of "domestic terrorism," and expansion of the sunset provisions of the USA PATRIOT Act. | |||
| RS22058 (PDF, TXT) | Bankruptcy Reform: The Means Test | Mark Jickling, Government and Finance Division | May 9, 2005 |
| The Bankruptcy Abuse Prevention and Consumer Protection Act - P. L. 109-8 (S. 256) - was signed into law on April 20, 2005. A key provision of the new law subjects certain petitions for debt relief under Chapter 7 to a means test. Bankruptcy petitioners with relatively high incomes could be prevented from filing under Chapter 7 (where many unsecured debts are discharged, or wiped out, by the court) and instead given the choice of converting to Chapter 13 (where some debt must be repaid out of future income) or having their petitions dismissed and receiving no bankruptcy relief at all. The means test takes into account the petitioner's income, debt burden, and various allowable living expenses, which can vary significantly according to the debtor's place of residence and particular circumstances. If income minus allowable living expenses exceeds certain levels, a Chapter 7 petition is presumed to be abusive. This report sets out the details of the means test calculation. | |||
| RS20840 (PDF, TXT) | Agriculture in the WTO: Limits on Domestic Support | Randy Schnepf, Resources, Science, and Industry Division | May 10, 2005 |
| Most provisions of the current "farm bill," the Farm Security and Rural Investment Act (FSRIA) of 2002 (P.L. 107-171), do not expire until 2007. However, hearings on a 2007 farm bill could begin in late 2005. At that time, Congress will begin to examine farm income and commodity price support proposals that might succeed the programs due to expire in 2007. A key question likely to be asked of virtually every new proposal is how it will affect U.S. commitments under the WTO's Agreement on Agriculture (AA), which commits the United States to spend no more than $19.1 billion annually on domestic farm support programs most likely to distort trade. The AA spells out the rules for countries to determine whether their policies are potentially trade distorting, and to calculate the costs. This report describes the steps for making these determinations. | |||
| RL32337 (PDF, TXT) | Andean Counterdrug Initiative (ACI)and Related Funding Programs: FY2005 Assistance | Connie Veillette, Foreign Affairs, Defense, and Trade Division | May 10, 2005 |
| In 2004, Congress considered a number of issues relating to the Andean Counterdrug Initiative, the U.S. assistance program to help Colombia address drug trafficking and economic development issues. These issues included ongoing concerns with the effectiveness of the program, funding levels, human rights, and the role and number of U.S. military and contract personnel. The region has been viewed as important primarily because it produces virtually all of the world's cocaine and increasing amounts of high quality heroin. It is estimated that 90% of the cocaine coming to the United States originates in, or passes through, Colombia. Moreover, the stability of Colombia and the region is threatened by Colombia's longstanding guerrilla insurgency and rightist paramilitary groups, which are both believed to be largely funded by their participation in illegal narcotics production and trafficking. The Andean Counterdrug Initiative is the primary U.S. program that supports Plan Colombia, a six year plan developed by President Andres Pastrana (1998-2002) of Colombia, and continued by current President Alvaro Uribe. While ACI is the primary program, it is not the only one supporting counternarcotics and economic development in the Andean region. Countries in the region also receive Foreign Military Financing (FMF), International Military Education and Training (IMET), Development Assistance (DA), Child Survival and Health (CSH), and Economic Support Fund (ESF). The Department of Defense also supports drug interdiction operations from its own counternarcotics account. | |||
| RL32765 (PDF, TXT) | The "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005" in the 109th Congress | Robin Jeweler, American Law Division | May 11, 2005 |
| 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 reorganization, and health care and employee benefits. This report surveys selected provisions of the new law. | |||
| RS22106 (PDF, TXT) | Copyright Protection of Digital Television: The "Broadcast Flag" | Angie Welborn, American Law Division | May 11, 2005 |
| This report addresses the adoption of a "broadcast flag" system by the Federal Communications Commission (FCC) to protect digital television (DTV) broadcasts from unauthorized redistribution. The report also addresses the recent decision of the United States Court of Appeals for the District of Columbia Circuit reversing and vacating the FCC's broadcast flag report and order. | |||
| RS22038 (PDF, TXT) | Securities Fraud: Dura Pharmaceuticals, Inc. v. Broudo | Michael V. Seitzinger, American Law Division | May 11, 2005 |
| On June 28, 2004, the United States Supreme Court granted certiorari in the case Dura Pharmaceuticals, Inc. v. Broudo, appealed from the United States Court of Appeals for the Ninth Circuit. The case concerns allegedly false statements made by Dura to its shareholders concerning development and marketing of two of its products: an asthma inhaler and asthma antibiotic. Plaintiffs charge that the company knowingly defrauded investors by making overly optimistic statements about product approval and company earnings. The district court held that plaintiffs had not satisfied the requirements for bringing an antifraud case under section 10(b) of the Securities Exchange Act of 1934. The court of appeals stated that the district court erred in applying the federal law for pleading a securities fraud case and reversed and remanded the judgment of the district court. The United States Supreme Court heard oral argument on January 12, 2005. On April 19, 2005, the Supreme Court reversed the decision of the circuit court and held that an accusation that a company's misrepresentations caused an inflated share price was insufficient as a basis for a lawsuit. | |||
| RL32921 (PDF, TXT) | Hydropower Licenses and Alternative Licensing Conditions in H.R. 6 | Kyna Powers, Resources, Science, and Industry Division | May 12, 2005 |
| To make sure navigable waters are managed for the public interest, Congress oversees the construction and operation of hydroelectric facilities. Congress directly authorizes federal hydropower projects and requires that private hydropower projects obtain federal licenses. This report summarizes federal licensing and licenseconditioning authority for nonfederal projects, discusses key arguments for and against changing the process through which federal resource agencies issue license conditions, and reviews current legislative proposals to revise federal licensing authority. | |||
| RL32900 (PDF, TXT) | Indexing Social Security Benefits: The Effects of Price and Wage Indexes | Patrick Purcell, Laura Haltzel, and Neela Ranade, Domestic Social Policy Division | May 12, 2005 |
| One way to preserve benefits for low-wage workers would be to progressively price-index initial benefits. Initial benefits of low-wage workers would continue to be fully wage-indexed, the benefits of average-wage workers would be based on a mix of wage-indexing and price-indexing, and the benefits of high-wage workers would be fully price-indexed. President Bush has suggested that Congress consider progressive price-indexing of Social Security benefits. The Social Security Administration (SSA) has analyzed a method of progressive price-indexing that would continue to wage-index Social Security benefits for workers with careeraverage earnings in the lowest 30% of the earnings distribution. SSA has estimated that this proposal would eliminate about three-fourths of the program's 75-year unfunded liability. One consequence of this method of progressive price-indexing would be that, eventually, all workers with earnings in the top 70% of the earnings distribution would receive the same benefit. | |||
| RL32916 (PDF, TXT) | Agriculture in the WTO: Policy Commitments Made Under the Agreement on Agriculture | Randy Schnepf, Resources, Science, and Industry Division | May 12, 2005 |
| This report provides a review of the major agricultural policy commitments made by members of the World Trade Organization (WTO) during the Uruguay Round of multilateral trade negotiations completed in 1994, and the legal text that underlies those commitments. Most agricultural support commitments are embodied in the Agreement on Agriculture and it is the essential focus of this review. However, references are made to additional supporting legal texts that emerged as part of the Uruguay Round Agreement, as well as to related studies and references produced by the WTO, its member countries, and international organizations interested in trade and development. | |||
| RL32783 (PDF, TXT) | FY2005 Supplemental Appropriations for Iraq and Afghanistan, Tsunami Relief, and Other Activities | Amy Belasco and Larry Nowels, Foreign Affairs, Defense, and Trade Division | May 12, 2005 |
| The FY2005 supplemental is the fifth of the Bush administration to focus on the global war on terrorism and homeland security. As emergency funding, these requests have not been subject to limits on spending in annual budget resolutions. In the case of both foreign assistance and Defense Department appropriations, some funding to combat terrorism has been included in regular as well as previous supplemental appropriations acts. | |||
| RS22046 (PDF, TXT) | Tobacco Quota Buyout | Jasper Womach, Resources, Science, and Industry Division | May 13, 2005 |
| Tobacco quota buyout legislation (Title VI of P.L. 108-357 (H.R. 4520)) terminates U.S. tobacco farm price support (through nonrecourse loans) and domestic production controls (through marketing quotas) after the 2004 crop year. An assessment on tobacco product manufacturers and importers is to 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 will be no restrictions on who can grow and market tobacco, where it can be grown, and the amount that can be grown and marketed. | |||
| RL32926 (PDF, TXT) | Congressional Authority Over the Federal Courts | Elizabeth B. Bazan, Johnny Killian, and Kenneth R. Thomas, American Law Division | May 16, 2005 |
| This report examines Congress' legislative authority with respect to the Judicial Branch. While Congress has broad power to regulate the structure, administration and jurisdiction of the courts, its powers are limited by precepts of due process, equal protection and separation of powers. Usually congressional oversight of the judicial branch is noncontroversial, but when Congress proposes to use its oversight and regulatory powers in a manner designed to affect the outcome of pending or previously decided cases, constitutional issues can be raised. In recent years, Congress has considered using or has exercised its authority in an effort to affect the results in cases concerning a number of issues, including abortion, gay marriage, freedom of religion, "right to die" and prisoners' rights. This report addresses the constitutional foundation of the federal courts, and the explicit and general authorities of Congress to regulate the courts. It then addresses Congress' ability to limit the jurisdiction of the courts over particular issues, sometimes referred to as "court-stripping." The report then analyzes Congress' authority to regulate the availability of certain judicial processes and remedies for litigants. Congressional power to legislate regarding specific judicial decisions is also discussed. | |||
| RL32923 (PDF, TXT) | Federal Pell Grants: Implications of Increasing the Maximum Award | Charmaine Mercer, Domestic Social Policy Division | May 17, 2005 |
| This report analyzes selected characteristics of Pell recipients and the estimated impact upon these recipients and the costs of the program as the maximum appropriated award is increased. This is followed by a discussion of select legislative proposals to increase the maximum award and the Administration's budget request for FY2006. | |||
| RL31793 (PDF, TXT) | Vaccine Policy Issues | Susan Thaul, Domestic Social Policy Division | May 19, 2005 |
| Vaccines are almost staple topics in daily U.S. media. Television news viewers have known about a flu vaccine shortage and that heated differences of opinion highlight discussions of possible risks involved in both routine childhood immunizations and vaccinations that the U.S. military requires of its personnel. Some may even have heard that scientists recently announced some success with a malaria vaccine. This report's focus is on vaccination, one of the most cost-effective methods available to prevent infectious diseases. Whether a vaccine's target is naturally occurring or present because of hostile intent, the issues to address include vaccine development, production, availability, safety, effectiveness, and access. | |||
| RL31633 (PDF, TXT) | Summary of State Breastfeeding Laws and Related Issues | Douglas Reid Weimer, American Law Division | May 19, 2005 |
| The practice of breastfeeding has expanded in recent years. Various legal issues have accompanied this development. The primary legal issues concern: 1) the ability of working mothers to breastfeed their children and/or to express milk during working hours; and 2) nursing and/or the expression of milk in public or semi-public places such as restaurants, public transportation facilities, and other locations where the public is present. Certain states have enacted legislation addressing breastfeeding in the workplace and exempting nursing mothers from laws dealing with indecent exposure and/or criminal behavior. Some states have enacted laws which excuse nursing mothers from jury service. State laws vary considerably in their scope and coverage. This report summarizes the various state laws concerning breastfeeding. | |||
| RL32206 (PDF, TXT) | Parliament and Congress: A Brief Comparison of the British House of Commons and the House of Representatives | R. Eric Petersen, Government and Finance Division | May 19, 2005 |
| Although the United States Congress can trace its origins to British Parliament, the two institutions have evolved in significantly different directions over the past two centuries. This report provides a brief overview of the parliamentary practices in the House of Representatives and the British House of Commons focusing on such issues as membership and qualifications, the role of the Speaker and party or Government leaders, the role of committees, floor consideration, and second chambers. | |||
| RL32927 (PDF, TXT) | Clean Interstate Rule: Review and Analysis | Larry Parker, Resources, Science, and Industry Division | May 20, 2005 |
| 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 contributes significantly to downwind nonattainment; for ozone, CAIR finds that interstate transport of NOx from 25 states and the District of Columbia contributes significantly to downwind nonattainment of the 8-hour standard. This result differs some from the proposed rule because of improved modeling. | |||
| RS21874 (PDF, TXT) | Indonesian Election | Bruce Vaughn, Foreign Affairs, Defense, and Trade Division | May 20, 2005 |
| 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 most popular with voters. The Islamist parties' limited appeal can be attributed more to their anti-corruption and good governance policies than to an overtly Islamist agenda. | |||
| RS22152 (PDF, TXT) | An Overview of S. 263, the Paleontological Resources Preservation Act: Fossil Resources Located on Federal Lands | Douglas Reid Weimer, American Law Division | May 20, 2005 |
| About 30% of the land in the United States is controlled by federal land managers through several different federal agencies. Much of this land contains valuable paleontological [fossil] resources. There is no comprehensive management policy or statute for the management or the protection of paleontological resources located on federal lands. Current, management authority derives from certain resource protection statutes, from general criminal theft statutes concerning the theft of government property, and from certain site-specific statutes. Congress has considered legislation to provide for uniform federal fossil management and protection authority. In the 108th Congress, S. 546, the "Paleontological Resources Preservation Act" was passed by the Senate, but was not passed by the House. In the 109th Congress, S. 263 has been introduced and reported by the Committee on Energy and Natural Resources. S. 263 incorporates many of the provisions of S. 546. | |||
| RS22042 (PDF, TXT) | The Family Entertainment and Copyright Act of 2005 | Robin Jeweler, American Law Division | May 20, 2005 |
| Intellectual property legislation that came close to enactment during the 108th Congress has been enacted. The Family Entertainment and Copyright Act of 2005, P.L. 109-9, was signed into law on April 27, 2005. Among the issues addressed are unauthorized distribution of pre-release commercial works, the marketing of devices for home use to edit DVDs, the preservation of the nation's film heritage, and use by libraries and archives of "orphan works." This report examines the provisions of P.L. 109-9. | |||
| RS22150 (PDF, TXT) | DR-CAFTA, Textiles, and Apparel | Bernard A. Gelb, Resources, Science, and Industry Division | May 20, 2005 |
| The Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), signed on August 5, 2004, by the United States, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and the Dominican Republic is a comprehensive and reciprocal trade agreement that, if ratified by all parties, would govern market access of goods, services trade, investment, government procurement, intellectual property, labor, and the environment. With respect to textiles and apparel, DR-CAFTA is comparatively less restrictive than most other trade agreements and trade preference programs regarding what qualifies for duty-free access to the United States. On the whole, U.S. apparel manufacturers favor approval of the agreement; textile manufacturers appear to have differing opinions; most textile and apparel importers support approval. Apparel makers in the Dominican Republic and Central America see it as helpful in their competition with Chinese-made goods. | |||
| RS21627 (PDF, TXT) | Implications of the Vienna Convention on Consular Relations upon the Regulation of Consular Identification Cards | Jennifer K. Elsea and Michael John Carcia, American Law Division | May 23, 2005 |
| Recent controversy regarding the use of consular identification cards (IDs) by aliens within the United States, in particular Mexico's matricula consular, has led to calls for legislation to regulate the issuance of the cards by foreign missions or their acceptance by U.S. government and private entities. This report identifies possible implications that U.S. regulation or monitoring of the issuance of these cards by foreign missions might have upon U.S. obligations under the Vienna Convention on Consular Relations (VCCR), which protects foreign missions in the exercise of their legitimate consular functions and codifies customary international law with respect to the inviolability of consular premises and documents. The REAL ID Act (P.L. 109-13, Division B) prohibits states, when issuing drivers' licenses or state ID cards, from accepting for purposes of personal identification foreign documents other than valid passports, if such drivers' licenses or ID cards are to be accepted for federal purposes. Other recent legislative proposals aimed at restricting the acceptance (but not the issuance) of consular IDs include H.R. 688, the SAFER Act, introduced by Representative J. Gresham Barrett on February 9, 2005; H.R. 815, the Financial Customer Identification Verification Improvement Act, introduced by Representative Scott Garrett on February 15, 2005; and H.R. 925, the Identification Integrity Act of 2005, introduced by Representative Elton Gallegly on February 17, 2005. | |||
| RS22153 (PDF, TXT) | Highway and Traffic Safety Programs Reauthorization: Background and Selected Key Provisions in Conference | Paul F. Rothberg, Resources, Science, and Industry Division | May 23, 2005 |
| The House and Senate have passed their respective versions of H.R. 3, which reauthorizes federal surface transportation programs, including funding through FY2009 for the highway and traffic safety programs and grants administered by the Federal Highway Administration (FHWA), the National Highway Traffic Safety Administration (NHTSA), and the Federal Motor Carrier Safety Administration (FMCSA). These bills would create a new separate grant program to improve highway safety infrastructure, and revise federal programs or policies seeking to increase safety-belt use rates, reduce alcohol-impaired driving, and strengthen commercial drivers licensing and information systems. A conference committee will attempt to reconcile differences between the House and Senate bills regarding the amounts to be authorized, purposes, and eligibility criteria for various highway and traffic safety grants. Decision makers face the challenge of allocating resources used to advance primarily safety objectives against funds needed to meet other surface transportation needs. This report provides background information on several of the key safety-oriented provisions and issues addressed in these bills. | |||
| RL32384 (PDF, TXT) | EPAs Proposed Policy on Wastewater Blending: Background and Issues | Claudia Copeland, Resources, Science, and Industry Division | May 24, 2005 |
| This report provides background on blending, why and how it is practiced, EPA's proposed policy, associated issues, and congressional interest in the topic. Controversy exists about whether the practice is lawful under water quality regulations, whether it is harmful to human health or the environment, and whether it is good from a policy perspective. Supporters of the proposed policy, including many cities, municipal organizations and some states, say that if blending is restricted or prohibited, cities will be forced to spend limited public resources on costly water infrastructure improvements that are used infrequently. Such critics as environmental advocates and other states say that blending allows treatment plants to discharge wastewater that could contain harmful pathogenic microorganisms. Many critics also said that EPA's proposed policy would have allowed treatment plants to blend even when other more environmentally protective technological options are available. A key issue was whether the policy would have clarified EPA regulations to allow the safe use of blending by cities, as EPA intended, or would have fostered wider use of wastewater management practices that critics believe will harm public health and the environment. | |||
| RL32745 (PDF, TXT) | Pakistans Nuclear Proliferation Activities and the Recommendations of the 9/11 Commission: U.S. Policy Constraints and Options | Richard P. Cronin, Alan Kronstadt, and Sharon A. Squassoni, Foreign Affairs, Defense, and Trade Division | May 24, 2005 |
| This report: (1) recounts previous failed efforts to reconcile American nuclear nonproliferation and other policy objectives regarding Pakistan; (2) documents Pakistans role in supplying nuclear technology to rogue states and how these activities escaped detection by U.S. intelligence agencies; (3) considers issues regarding the objectives, and viability of the military-dominated government headed by President Pervez Musharraf; and, (4) outlines and evaluates several U.S. options for seeking to gain more credible cooperation from Pakistans regarding its nuclear activities while still maintaining its counterterrorist cooperation. | |||
| RL32750 (PDF, TXT) | Public Relations and Propaganda: Restrictions on Executive Agency Activities | Kevin R. Kosar, Government and Finance Division | May 24, 2005 |
| Controversies recently have arisen over certain executive branch agencies expenditures of appropriated funds on public relations activities, some of which have been characterized as propagandistic. Generally speaking, there are two legal restrictions on agency public relations activities and propaganda. 5 U.S.C. 3107 prohibits the use of appropriated funds to hire publicity experts. Appropriations law publicity and propaganda clauses restrict the use of funds for puffery of an agency, purely partisan communications, and covert propaganda. No federal agency monitors federal public relations activities, but a Member or Committee of Congress may ask the Government Accountability Office (GAO) to examine an agencys expenditures on public relations activities with a view to their legality. Any effort to reform current statutory restrictions on agency public relations activities will face two challenges: defining propaganda and tracking public relations activities by agencies. | |||
| RL32931 (PDF, TXT) | The Individuals with Disabilities Eduction Act (IDEA): Paperwork Reduction in P.L. 108-446 | Nancy Lee Jones, American Law Division; and Richard N. Apling, Domestic Social Policy Division | May 24, 2005 |
| The Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §1400 et seq.) 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). School districts must identify, locate, and evaluate all children with disabilities, regardless of the severity of their disability, to determine which children are eligible for special education and related services. Each child receiving services has an individual education program (IEP), created by an IEP team, delineating the specific special education and related services to be provided to meet his or her needs. The statute also contains detailed due process provisions to ensure the provision of FAPE. Paperwork is required to implement many of these statutory provisions, and the requirements have often been criticized as being overly burdensome. One aim of the recent reauthorization of IDEA (P.L. 108-446) is to reduce unnecessary paperwork, as discussed in both the House and Senate committee reports for P.L. 108-446. P.L. 108-446 contains provisions specifically aimed at reducing paperwork and administrative burden including a paperwork reduction pilot program, changes in IEP requirements, changes in requirements for procedural safeguards notices, and a requirement that the Secretary of Education publish and disseminate model paperwork forms. | |||
| RL32754 (PDF, TXT) | Immigration: Analysis of the Major Provisions of the REAL ID Act of 2005 | Michael John Garcia, Margaret Mikyung Lee, and Todd Tatelman, American Law Division | May 25, 2005 |
| This report analyzes the major provisions of the REAL ID Act, as enacted, which, inter alia, (1) modifies the eligibility criteria for asylum and withholding of removal; (2) limits judicial review of certain immigration decisions; (3) provides additional waiver authority over laws that might impede the expeditious construction of barriers and roads along land borders, including a 14-mile wide fence near San Diego; (4) expands the scope of terror-related activity making an alien inadmissible or deportable, as well as ineligible for certain forms of relief from removal; (5) requires states to meet certain minimum security standards in order for the drivers' licenses and personal identification cards they issue to be accepted for federal purposes; (6) requires the Secretary of Homeland Security to enter into the appropriate aviation security screening database the appropriate background information of any person convicted of using a false driver's license for the purpose of boarding an airplane; and (7) requires the Department of Homeland Security to study and plan ways to improve U.S. security and improve inter-agency communications and information sharing, as well as establish a ground surveillance pilot program. | |||
| RS21006 (PDF, TXT) | Business Tax Provisions that Benefit Persons with Disabilities | Louis Alan Talley and Pamela J. Jackson, Government and Finance Division | May 26, 2005 |
| This report describes available tax provisions designed to either help businesses in making their facilities available to the disabled or to promote the hiring of disabled persons. | |||
| RL31681 (PDF, TXT) | Homosexuality and the Constitution: A Legal Analysis of the Supreme Court Ruling in Lawrence v. Texas | Jody Feder, American Law Division | May 26, 2005 |
| In a sweeping decision issued on June 26, 2003, the Supreme Court struck down a Texas state statute that made it a crime for homosexuals to engage in certain private sex acts. Specifically, the Court's ruling in Lawrence v. Texas held that the due process privacy guarantee of the Fourteenth Amendment extends to protect consensual gay sex. Although the Court also considered whether the Texas state statute violated the constitutional right to equal protection, the Court ultimately based its ruling on broader privacy grounds. In addition, the Court also overturned its 1986 decision in Bowers v. Hardwick, a controversial case in which the Court ruled that there was no constitutional right to privacy that protects homosexual sodomy. This report provides an overview of the Supreme Court's opinion in Lawrence v. Texas, coupled with a discussion of its implications for future cases involving gay rights in general and same-sex marriage in particular. For a more detailed discussion of current developments regarding gay marriage, see CRS Report RL31994, Same-Sex Marriages: Legal Issues, by Alison M. Smith. | |||
| RL32094 (PDF, TXT) | Consular Identification Cards: Domestic and Foreign Policy Implications, the Mexican Case, and Related Legislation | Andorra Bruno, Domestic Social Policy Division; and K. Larry Storrs, Foreign Affairs, Defense, and Trade Division | May 26, 2005 |
| It is fairly common practice for the embassies and consulates of foreign states, including the United States, to encourage their citizens abroad to register with the consulates so that they can receive standard consular services, be notified if necessary, and be located upon inquiry by relatives and authorities. Consular registration has been widely recognized and protected under international law for many years, most recently by the Vienna Convention on Consular Relations of 1963. The current debate about consular identification cards in the United States has centered around the matrícula consular, the consular card issued by the Mexican government to its citizens in the United States when they register with a consulate. As a result, this report focuses mainly on the Mexican identification card, although Guatemala, Ecuador, and Brazil also issue such cards, and other nations, including El Salvador, Honduras, Peru, and Poland, are reportedly considering similar programs. Legislation introduced in the 108th and 109th Congresses, discussed in this report, would generally apply to consular identification cards from any country. | |||
| RS22155 (PDF, TXT) | Item Veto: Budget Savings | Louis Fisher, Government and Finance Division | May 26, 2005 |
| Congressional interest in an item veto for the President may resurface during the 109th Congress. At a news conference on November 4, 2004, President George W. Bush expressed an interest in receiving item-veto authority "to maintain budget discipline." In early 2005, when the Administration submitted its budget for FY2006, the volume on "Analytical Perspectives" contained a section proposing a line-item veto "linked to deficit reduction." An earlier congressional effort - the Line Item Veto Act of 1996- was struck down as unconstitutional by the Supreme Court in Clinton v. City of New York (1998). This report examines the potential of an item veto to yield budgetary savings as part of an overall strategy to reduce the budget deficit. Lessons drawn from earlier Administrations indicate that the reductions that can be expected from the exercise of an item veto would likely be of modest dimensions. | |||
| RL31785 (PDF, TXT) | Foreign Assistance to North Korea | Mark E. Manyin, Foreign Affairs, Defense, and Trade Division | May 26, 2005 |
| This report describes and assesses U.S. aid programs to North Korea, including the controversies surrounding the programs, their relationship to the larger debate over strategy and objectives toward the DPRK, and policy options. The roles of China, South Korea, and Japan in providing assistance to North Korea are discussed, highlighting the likelihood that any dramatic decrease in U.S. aid to North Korea may have only marginal effects without the cooperation of these countries, particularly China and South Korea. | |||
| RL31733 (PDF, TXT) | Port and Maritime Security: Background and Issues for Congress | John F. Frittelli, Resources, Science, and Industry Division | May 27, 2005 |
| This report provides background information and discusses potential issues for Congress on the topic of port security, which has emerged as a significant part of the overall debate on U.S. homeland security. The terrorist attacks of September 11, 2001 heightened awareness about the vulnerability to terrorist attack of U.S. ports and the ships in them. The issue for Congress is providing oversight on current levels of port security and proposals for improving it. Port security legislation can have significant implications for public safety, the war on terrorism, the U.S. and global economy, and federal, state, and local homeland security responsibilities and expenditures. | |||
| RS21012 (PDF, TXT) | Terrorism: Some Legal Restrictions on Military Assistance to Domestic Authorities Following a Terrorist Attack | Charles Doyle, American Law Division | May 27, 2005 |
| The Constitution empower to the President to act as Commander in Chief of the armed forces and to see to the execution of federal law; it gives Congress the authority to make federal law including laws for the regulation of the armed forces. The Posse Comitatus Act prohibits use of the armed forces to perform civilian governmental tasks unless explicitly authorized to do so. There are statutory exceptions to ensure continued enforcement of state and federal law, to provide disaster assistance, and to provide technical support for law enforcement. There are constitutional impediments to the use of the military to nationalize an industry, to try civilians, and to compel state officials to perform federally-imposed duties. Unlawful use of the armed forces might result in criminal or civil liability and frustrate prosecution of terrorists. | |||
| RS22069 (PDF, TXT) | State Unemployment Taxes and SUTA Dumping | Steven Maguire, Government and Finance Division; and Julie M. Whittaker, Domestic Social Policy Division | May 27, 2005 |
| This report provides a summary of the State Unemployment Tax Acts (SUTA) Dumping Prevention Act of 2004, P.L. 108-295. The term SUTA dumping refers to a variety of tax planning strategies used by employers to minimize the tax burden of federally mandated state unemployment taxes. The strategies exploit the differences in methods state employ to determine unemployment tax rates among established employers and the method by which states determine the tax rate of new firms and firms that have either created new subsidiaries or have absorbed other firms. SUTA dumping creates tax inequities when firms avoid their appropriate state unemployment taxes. Firms that follow state unemployment tax law are burdened with additional taxes as a result of the tax avoidance by the firms that engage in SUTA dumping. | |||
| RL32935 (PDF, TXT) | Congressional Oversight of Judges and Justices | Elizabeth B. Bazan and Morton Rosenberg, American Law Division | May 31, 2005 |
| This report addresses Congress' oversight authority over individual federal judges or Supreme Court Justices. Congressional oversight authority, although broad, is limited to subjects related to the exercise of legitimate congressional power. While Congress has the power to regulate the structure, administration and jurisdiction of the courts, its power over the judicial acts of individual judges or Justices is more restricted. For instance, Congress has limited authority to remove or discipline a judge for decisions made on the bench. Article III, Section 1 of the Constitution provides that judges have "good behavior" tenure, which effectively has come to mean lifetime tenure for Article III judges subject to removal only through conviction on impeachment. However, impeachment of a judge or Justice requires a finding that such judge or Justice has engaged in a "High Crime or Misdemeanor." Thus, an investigation into decisions or other actions by a particular judge pursuant to an impeachment would appear to require some connection between an alleged "High Crime or Misdemeanor" and a particular case or cases. | |||
| RL32216 (PDF, TXT) | Military Base Closures: Implementing the 2005 Round | David E. Lockwood, Foreign Affairs, Defense, and Trade Division | June 1, 2005 |
| On November 15, 2002, Secretary of Defense Donald Rumsfeld issued a memorandum to senior staff regarding the implementation of the new base realignment and closure (BRAG) round authorized by Congress in 2001. He emphasized that, as part of the Department of Defense's transformation initiative, "new force structures must be accompanied by a new base structure," and added that "BRAC 2005 should be the means by which we reconfigure our current infrastructure [bases] into one in which operational capacity maximizes other war fighting capability and efficiency." He, then, directed that the process begin immediately. It was, in effect, the formal launching of DOD's 2005 base closure implementation process. On October 8, 2004, Senate and House conferees reached agreement on the National Defense Authorization Act for FY2005, which included continued support of DODs authority to conduct a round of closures and realignments in 2005. | |||
| RL31511 (PDF, TXT) | Federal Taxation of the Pharmaceutical Industry: Effects on New Drug Development and Legislative Initiatives in the 109th Congress | Gary Guenther, Government and Finance Division | June 1, 2005 |
| This report examines a small slice of the federal policies influencing pharmaceutical innovation: the federal tax burden on the pharmaceutical industry. The federal tax code affects private investment in new drug discovery and development in a variety of ways, and these linkages form the core of the report. More specifically, it analyses the industry's federal tax burden from 1995 to 2001 - the most recent year for which federal corporate tax return data are available - focusing on the provisions in the federal tax code that appear to generate significant tax benefits or penalties for pharmaceutical firms that invest heavily in R&D. The size of the industry's tax burden influences its capacity to invest in innovation. The report begins with an examination of the distinguishing traits of the pharmaceutical industry directly related to its tax treatment and concludes with a description of legislative proposals to modify some aspect of this treatment in the 109th Congress. | |||
| RL32936 (PDF, TXT) | Omnibus Energy Legislation, 109th Congress: Assessment of H.R. 6 as Passed by the House | Mark Holt and Carol Glover, Resources, Science, and Industry Division | June 3, 2005 |
| The House approved an omnibus energy bill (H.R. 6) on April 21, 2005, that would open the Arctic National Wildlife Refuge (ANWR) to oil and gas leasing, substantially change oversight of electric utilities, increase the use of alternative motor fuels, provide $8.1 billion in energy tax incentives, extend the nuclear accident liability system, and authorize numerous energy R&D programs. The House-passed bill contains many provisions from the conference version of an omnibus energy bill (also H.R. 6) in the 108th Congress that was blocked by a Senate filibuster. | |||
| RL32854 (PDF, TXT) | Federal Perkins Loans and FFEL/DL Stafford Loans: A Brief Comparison | David P. Smole, Domestic Social Policy Division | June 3, 2005 |
| This report provides an introduction to and comparison of key aspects of Perkins Loans and Stafford Loans. Following a brief summary of these loan products, the report compares Perkins Loans and Stafford Loans according to selected criteria. This report is intended to provide the interested reader with a basic understanding of Perkins Loans and Stafford Loans and to highlight some of their key similarities and differences. | |||
| RS20590 (PDF, TXT) | The Posse Comitatus Act and Related Matters: A Sketch | Jennifer Elsea, American Law Division | June 6, 2005 |
| 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 cases where the armed forces provide civilian assistance without becoming directly involved in civilian law enforcement. This is an abridged version of The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law, CRS Report 95-964 in which the authorities for the statements made here may be found. This report summarizes proposed bills that could result in increased interaction between military and civil authorities. (H.R. 1986, H.R. 1815, S. 1042, S. 1043). | |||
| RS21871 (PDF, TXT) | The Trade-Through Rule | Mark Jickling, Government and Finance Division | June 6, 2005 |
| The trade-through rule mandates that when a stock is traded in more than one market, transactions may not occur in one market if a better price is offered on another market. Defenders of the rule portray it as an essential protection for investors, particularly small investors who find it difficult to monitor their brokers' performance. Opponents argue that its principal effect is anti-competitive; that it protects traditional exchanges - where brokers and dealers meet face to face on trading floors - from newer forms of trading based on automatic matching of buy and sell orders. In April 2005, the Securities and Exchange Commission (SEC) adopted new regulations modifying the trade-through rule, which it described as antiquated. The new Regulation NMS requires that investors receive the best price available among price quotations that are displayed electronically and immediately available for execution. The new rules also mandate improved market access, to allow brokers and traders in one market to get the best price for their customers, wherever that price is quoted. Since the adoption of Regulation NMS, both major U.S. stock markets, the New York Stock Exchange (NYSE) and the Nasdaq, have announced plans to merge with computer-based trading systems known as alternative trading systems (ATSs). This market response suggests that Regulation NMS may have its desired effect of increasing price competition by adapting regulatory structures to technological innovations that have transformed stock markets in recent years. | |||
| RS22160 (PDF, TXT) | Reconciliation and the Deficit in FY2006 and Through FY2010: Fact Sheet | Philip D. Winters, Government and Finance Division | June 7, 2005 |
| The budget resolution for FY2006 (H.Con.Res. 95), adopted by Congress on April 28, 2005, included reconciliation instructions for three bills. The first reconciliation bill would cut mandatory spending by $1.5 billion in FY2006 and by $34.7 billion over FY2006 - FY2010. The second would reduce revenues by $11.0 billion in FY2006 and by $70.0 billion over the five-year period. Another $35.7 billion in revenue reductions over five years was assumed in the budget resolution, but was not part of the reconciliation instructions. The third would raise the statutory public debt limit by $781 billion to $8,965 billion to accommodate the government's ongoing borrowing needs to finance its deficits. Only the first two instructions would have any direct effect on the deficit over those five years (the debt limit has no direct effect on the deficit). | |||
| RL32690 (PDF, TXT) | The Child Welfare Workforce: An Overview | Linda Levine, Domestic Social Policy Division | June 7, 2005 |
| This report provides an overview of the child welfare workforce. It begins with a discussion of the job duties, education and training, and other demographic characteristics of child welfare workers. The report next estimates the size of the child welfare workforce and examines its occupational composition, earnings, and other job-related characteristics (e.g., turnover). It concludes with an analysis of the job outlook for those interested in pursuing a career in the child welfare field. | |||
| RS21260 (PDF, TXT) | Information Technology (IT) Management: The Clinger-Cohen Act and the Homeland Security Act of 2002 | Jeffery W. Seifert, Resources, Science and Industry Division | June 7, 2005 |
| 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 established for agencies under the Clinger-Cohen Act of 1996. The law also outlines IT management duties for some of the Under Secretaries. Compared in relation to the Clinger-Cohen Act, the information technology management provisions raise some potential oversight issues including the appointment and reporting requirements of the department-level CIO, overlapping IT management responsibilities between various departmental officials, and possible national security exemptions from Clinger-Cohen requirements. | |||
| RL32937 (PDF, TXT) | Child Support Enforcement: Side-by-Side Comparison of Current Law and Welfare Reautorization Bills (S. 667 and H.R. 240) | Carmen Solomon-Fears, Domestic Social Policy Division | June 7, 2005 |
| 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). H.R. 240 was approved by the House Ways and Means Subcommittee on Human Resources on March 15, 2005. | |||
| RS22161 (PDF, TXT) | Unrest in Uzbekistan: Context and Implications | Jim Nichol, Foreign Affairs, Defense, and Trade Division | June 8, 2005 |
| 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. | |||
| RS21737 (PDF, TXT) | NAFTA at Ten: Lessons from Recent Studies | J.F. Hornbeck, Foreign Affairs, Defense, and Trade Division | June 8, 2005 |
| 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. | |||
| RL32530 (PDF, TXT) | World Oil Demand and the Effect on Oil Prices | Robert L. Pirog, Resources, Science, and Industry Division | June 9, 2005 |
| This report analyzes the factors that have driven both demand and supply in the world oil market in the period 2003 through 2005. The report provides and analyzes basic information to inform debate on broad energy legislation (H.R. 6). | |||
| RL32946 (PDF, TXT) | Gang Deterrence: A Legal Analysis of H.R. 1279 With References to S. 155 | Charles Doyle, American Law Division | June 9, 2005 |
| The House passed H.R. 1279, the Gang Deterrence and Community Protection Act of 2005, on May 11, 2005, 151 Cong. Rec. H3161 (daily ed. May 11, 2005). S. 155, the Gang Prevention and Effective Deterrence Act of 2005, addresses many of the same issues often to similar effect and occasionally in the same language as H.R. 1279 and as in S. 1735 (108th Congress)(which the Senate Judiciary Committee sent to the floor without written report, 150 Cong. Rec. S. 7580 (July 6, 2004)). | |||
| RL32771 (PDF, TXT) | Medicaid and SCHIP: The Presidents FY2006 Budget Proposals | April Grady, Jean Hearne, Elicia Herz, Christine Scott, Julie Stone-Axelrad, and Karen Tritz, Domestic Social Policy Division | June 9, 2005 |
| The President's FY2006 budget contains a number of proposals that would impact the Medicaid and State Children's Health Insurance (SCHIP) program. While some proposals are expansions of the current Medicaid program, others are designed to reduce current or future federal spending for the program. The Medicaid related proposals, as detailed by the Department of Health and Human Services (HHS), are contained within four broad categories: (1) Medicaid and SCHIP modernization; (2) New Freedom Initiative proposals; (3) other Medicaid legislative proposals; and (4) other legislative proposals with a Medicaid impact. In addition to these four categories for Medicaid related proposals, the re-authorization of SCHIP will have an impact on Medicaid. | |||
| RL32918 (PDF, TXT) | World Trade Organization (WTO): Issues in the Debate on U.S. Participation | Ian F. Fergusson and Lenore Sek, Foreign Affairs, Defense, and Trade Division | June 9, 2005 |
| The 109th Congress may consider issues related to the World Trade Organization (WTO). Under the Uruguay Round Agreements Act (P.L. 103-465), which is the law that implemented the agreements reached during the Uruguay Round of multilateral trade negotiations (1986-1994), the U.S. Trade Representative (USTR) must submit to the Congress every five years a report that analyzes the costs and benefits of continued U.S. participation in the WTO. Once Congress receives this comprehensive report, any Member of Congress may introduce a joint resolution withdrawing congressional approval of the Agreement establishing the WTO. | |||
| RL32700 (PDF, TXT) | Seeking Withdrawal of Congressional Approval of the WTO Agreement: Background, Legislative Procedure, and Practical Consequences | Vladimir N. Pregelj, Foreign Affairs, Defense, and Trade Division | June 9, 2005 |
| 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. The adoption of a withdrawal resolution, which may be introduced in the year 2005, appears unlikely. Nevertheless, such a resolution would offer Congress the opportunity to debate the costs and benefits of U.S. participation in the WTO. In this context, Congressional concern with U.S. trading partners, particularly the European Union and Canada, over disputes involving agriculture, aerospace, and softwood lumber, could be manifested in floor debates and statements. This report sets out the background of the issue, the functional timetable and requirements for taking the legislative action for such withdrawal, and the related WTO procedure. It also describes past activity under the withdrawal provision and suggests the probable consequences of the withdrawal resolution, if enacted and implemented. | |||
| RL32790 (PDF, TXT) | Major Coal Issues in the 109th Congress | Marc Humphries, Resources, Science, and Industry Division | June 10, 2005 |
| Major legislative issues related to coal in the 109th Congress include coal and energy security, clean air and environmental concerns, funding strategies for technology R&D, loan guarantees for coal gasification projects, and the Abandoned Mine Land (AML) program. | |||
| RS20918 (PDF, TXT) | Timing of Election Activity Reporting Requirements: Chart Comparing Reporting Under the IRC and FECA | Erika Lunder, American Law Division | June 10, 2005 |
| This report consists of a chart comparing the timing of election activity reporting requirements imposed on section 527 political organizations by the Internal Revenue Code and those imposed on political committees by the Federal Election Campaign Act. The reporting requirements are similar, although the agency to whom the organization reports may be different. | |||
| RS21676 (PDF, TXT) | The Safe-Harbor Provision for Methyl Tertiary Butyl Ether (MTBE) | Aaron M. Flynn, American Law Division | June 10, 2005 |
| Methyl tertiary butyl ether (MTBE) is a fuel additive in wide use throughout the United States. Due to leakage from underground storage tanks and other sources of exposure, MTBE has been found in the drinking water supplies of several states. Whether to shield certain parties from MTBE-related liability proved controversial in the 108th Congress, and ultimately no legislation addressing the issue was enacted. In the 109th Congress, the Energy Policy Act of 2005 (H.R. 6) has been passed by the House of Representatives; it contains a safe-harbor provision protecting any potential defendant, such as MTBE manufacturers and distributors, from claims asserting that MTBE is a "defective product," a common standard for liability under products liability jurisprudence. Additionally, the H.R. 6 provision includes language applying the safeharbor retroactively, potentially barring numerous pending lawsuits. Exemption from liability related to MTBE contamination remains controversial and may again become the subject of debate in the 109th Congress. Accordingly, this report analyzes the legal implications of the safe-harbor provision found in H.R. 6. | |||
| RL31735 (PDF, TXT) | Federal-Aid Highway Program: "Donor-Donee" State Issues | Robert S. Kirk, Resources, Science, and Industry Division | June 10, 2005 |
| The overall issue for Congress is how to structure and maintain a Federal-Aid Highway Program that meets federal highway policy objectives. Secondarily, is the question of whether the Federal-Aid Highway Program provides, or should provide,as equitable as possible a return to the states on each tax dollar the states' highway users pay into the highway account of the HTF. This report begins with a general background discussion as well as a legislative history of the issue with emphasis on the donor-donee controversy during the two most recent surface transportation reauthorization debates, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) (P.L. 102-240) and the Transportation Equity Act for the Twenty First Century (TEA-21) (P.L. 105-178; P.L. 105-206) debates. It then sets forth a number of statistical issues that may skew some conclusions about donor-donee status. Finally, the report examines some of the issues that in the past have constrained efforts to increase donor state federal aid distributions to bring them more in balance with state revenue contributions. During the 109th Congress, both the House and the Senate passed surface transportation reauthorization bills (H.R. 3, and H.R. 3, as amended in the Senate), that included provisions designed to address some donor-donee issues, either by changing or replacing the TEA-21 Minimum Guarantee program. As of this writing, the bills are under consideration in the committee of conference. | |||
| RL32409 (PDF, TXT) | Highway Program Equity Guarantee Issues | Robert S. Kirk, Resources, Science, and Industry Division | June 10, 2005 |
| Guaranteeing each state a percentage share return of federal highway funding on its highway user's payments to the highway account of the highway trust fund (HTF) has been the major remedy designed to assuage persistent concerns about the equity of distribution of federal highway funding (often referred to as the donordonee state issue). Somewhat differing forms of a Minimum Guarantee (MG) program have been in place for over twenty years. Under the Transportation Equity Act for the 21st Century (TEA-21) (P.L.105-178; P.L. 105-206) the MG provided for a 90.5% guaranteed share return on each states user tax payments to the HTF. During the on-going TEA-21 reauthorization debate a number of proposals for increasing the MG percentage have emerged. At first glance, raising the MG would simply appear to require an amendment changing the percentage specified in Section 105 of title 23 of the U.S.Code. A closer look shows that changing the MG has impacts on the interaction of highway program formulas, the funding of discretionary and formula programs, and the total budgetary resources needed to fund these programs: in short, on the whole Federal-Aid Highway Program (FAHP). | |||
| RS22166 (PDF, TXT) | Financial Counseling under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 | Jennifer A. Staman, American Law Division | June 13, 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. §109, to require an individual to receive credit counseling before filing a petition for bankruptcy. BAPCPA also amends the Bankruptcy Code to deny a discharge to chapter 7 and chapter 13 debtors who fail to complete a personal financial management instructional course. Both credit counseling agencies and personal financial management instructional course providers must obtain approval from a U.S. trustee before offering a course to satisfy these requirements. Section 106 of BAPCPA also creates a new provision which specifies the approval requirements for both credit counseling agencies and personal financial management instructional courses. | |||
| RS22165 (PDF, TXT) | An Abridged View of the Gang Deterrence and Community Protection Act (H.R. 1279) | Charles Doyle, American Law Division | June 13, 2005 |
| The House passed H.R. 1279, the Gang Deterrence and Community Protection Act of 2005, on May 11, 2005. S. 155, the Gang Prevention and Effective Deterrence Act of 2005, addresses many of the same issues often to similar effect and occasionally in the same language found in H.R. 1279. H.R. 1279, among other things, would dramatically increase the criminal penalties that follow as a consequence of a conviction for violent crimes, including gang offenses. It would expand the instances where juveniles charged with federal crimes of violence could be tried as adults and would authorize the establishment of criminal street gang enforcement teams. | |||
| RL31100 (PDF, TXT) | Marijuana for Medical Purposes: The Supreme Court's Decision in United States v. Oakland Cannabis Buyers' Cooperative and Related Legal Issues | Charles Doyle, American Law Division | June 14, 2005 |
| There is no medical necessity defense to the federal crimes of cultivating or distributing marijuana. So said the Supreme Court in United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483, 486 (2001). The Court left undecided questions over whether a necessity defense might be available for possession and over possible enactment clause, and due process clause challenges. In Gonzales v. Raich, 125 S.Ct. 2195 (2005), it rejected the suggestion that purely local cultivation or possession of marijuana for medical purposes rested beyond Congress's reach under the commerce clause. | |||
| RS20998 (PDF, TXT) | Marijuana for Medical Purposes: A Glimpse of the Supreme Court's Decision in United States v. Oakland Cannabis Buyers' Cooperative and Related Legal Issues | Charles Doyle, American Law Division | June 14, 2005 |
| 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 under the commerce clause enabled it to enact a regulatory scheme that extended to the purely local cultivation and possession of marijuana for medical purposes. There are proposals in this Congress to reverse the impact of the Court's decisions. | |||
| RL32102 (PDF, TXT) | Constitutionality of a Senate Filibuster of a Judicial Nomination | Jay R. Shampansky, American Law Division | June 14, 2005 |
| This report provides an overview of the major issues which have been raised recently in the Senate and in the press concerning the constitutionality of a Senate filibuster of a judicial nomination. | |||
| RL31853 (PDF, TXT) | Food Safety Issues in the 109th Congress | Donna U. Vogt, Domestic Social Policy Division | June 16, 2005 |
| This report provides an overview of federal food safety activities and issues of concern to Congress. The major areas of concern include illnesses caused by foodborne pathogens, the cost of these illnesses, and the vulnerability of the food supply to terrorist acts. It also describes activities of federal agencies charged with ensuring that consumers can purchase safe food from appropriately regulated food companies, and gives past and proposed appropriations for food safety. It describes the new bioterrorism law which gives the Food and Drug Administration (FDA) more direct authority over the food supply, particularly imports. Additionally, it discusses a number of other issues including the debate in Congress over food security issues, enforcement powers such as recalls, proposals to reorganize the food safety regulatory structure, questions about regulating bioengineered food, the growing problem of antibiotic resistance, and the safety of school lunches. | |||
| RL30612 (PDF, TXT) | Agriculture in the WTO: Member Spending on Domestic Support | Randy Schnepf, Resources, Science, and Industry Division | June 17, 2005 |
| This report focuses on the commitments made by WTO member countries concerning government outlays in support of domestic agricultural production. The introductory section provides a brief overview of WTO domestic policy commitments, as well as background information on WTO member requirements for reporting on domestic subsidy outlays. In the second section, WTO member outlays made to support agricultural production (as reported in member notifications to the WTO's Committee on Agriculture) are discussed. Following the WTO reporting format, domestic spending is disaggregated according to those outlays that count against spending limits (i.e., amber box) and those outlays that are exempted from spending limits (i.e., green box, blue box, de minimis, or special and differential treatment (SDT) exemptions). Special attention is paid to the spending levels and exemptions for the three major WTO members - the United States, the 15-member European Union (EU-15), and Japan. Together, these three entities account for over 90% of all domestic agricultural subsidies reported by WTO members. The third and final section describes in more detail U.S. agricultural support outlays and compares them against spending limits. In addition, it briefly discusses the implications for U.S. agricultural policy of continued adherence to existing WTO commitments. | |||
| RL31094 (PDF, TXT) | Health Care Spending: Past Trends and Projections | Paulette C. Morgan, Domestic Social Policy Division | June 17, 2005 |
| This report focuses on trends in personal health care spending, which includes spending on health care goods and services provided to individuals and excludes expenditures for administrative costs, research, and public health activities. Personal health care expenditures have grown considerably over the past 40 years. | |||
| RL32636 (PDF, TXT) | U.S. Assistance to Vietnam | Mark E. Manyin, Foreign Affairs, Defense, and Trade Division | June 17, 2005 |
| This report quantifies and briefly describes U.S. assistance programs to Vietnam. It includes an appendix detailing funding levels for U.S. aid programs. | |||
| RS22167 (PDF, TXT) | Gonzales v. Raich: Congress's Power Under the Commerce Clause to Regulate Medical Marijuana | Todd B. Tatelman, American Law Division | June 17, 2005 |
| In Gonzales v. Raich, the Supreme Court was presented with a conflict between California's state law, permitting the medicinal use of marijuana, and the federal Controlled Substances Act (CSA). The Ninth Circuit had found the federal law unconstitutional "as applied," concluding that its enforcement against medicinal users was beyond Congress's enumerated power to regulate interstate commerce. The Supreme Court reversed, concluding that Congress had a rational basis for concluding that leaving home-consumed marijuana outside federal control would substantially affect conditions in the interstate market. The Court, in reaching its decision, specifically relied on Wickard v. Filburn (1942), which held that Congress could aggregate the impact of individual actors on the interstate market to find a substantial impact on interstate commerce. | |||
| RL32172 (PDF, TXT) | Macedonia (FYROM): Post-Conflict Situation and U.S. Policy | Julie Kim, Foreign Affairs, Defense, and Trade Division | June 17, 2005 |
| The United States continues to support multilateral efforts to stabilize Macedonia, but has increasingly looked to the European Union to play a larger international role in the Balkans, starting with Macedonia. In March 2003, the European Union launched its first military mission in Macedonia, taking over from a small NATO presence. The EU military mission, which has also served as a test case for the EU's ability to carry out its own defense policy, concluded its operation on December 15, 2003. The EU maintains a police training mission in Macedonia. | |||
| RL32844 (PDF, TXT) | Power to Regulate Commerce: Limits on Congressional Power | Kenneth R. Thomas and Todd B. Tatelman, American Law Division | June 17, 2005 |
| The Commerce Clause of the United States Constitution provides that the Congress shall have the power to regulate interstate and foreign commerce. The plain meaning of this language might indicate a limited power to regulate commercial trade between persons in one state and persons outside of that state. However, the Commerce Clause has never been construed quite so narrowly. Rather, the clause, along with the economy of the United States, has grown and become more complex. In addition, when Congress began to address national social problems, the Commerce Clause was often cited as the constitutional basis for such legislation. As a result, the Commerce Clause has become the constitutional basis for a significant portion of the laws passed by the Congress over the last fifty years, and it currently represents one of the broadest bases for the exercise of congressional powers. An examination of the United States Code shows that over 700 statutory provisions, covering a range of issues, explicitly refer to either "interstate" or "foreign" commerce. Over the last decade, however, the Supreme Court in United States v. Lopez and United States v. Morrison has brought into question the breadth of the Commerce Clause. While these cases have resulted in the overturning of a few federal laws, their overall effect has so far been relatively modest in scope. A case currently before the Supreme Court, however, Ashcroft v. Raich, could portend a more significant effect on current federal law. | |||
| RS22170 (PDF, TXT) | The Age Discrimination in Employment Act and Disparate Impact Claims: An Analysis of the Supreme Court's Ruling in Smith v. City of Jackson | Charles V. Dale and Jody Feder, American Law Division | June 20, 2005 |
| 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. | |||
| RS22169 (PDF, TXT) | Jury Instructions: Arthur Andersen LLP v. United States | Michael V. Seitzinger, American Law Division | June 20, 2005 |
| 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 could apply only to persons conscious of wrongdoing and that there must be a nexus between the action and the particular proceeding. | |||
| RL32618 (PDF, TXT) | Medicare Advantage Payments | Hinda Ripps Chaikind and Paulette C. Morgan, Domestic Social Policy Division | June 20, 2005 |
| 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, Medicares risk contract program was created, allowing private entities, mostly health maintenance organizations (HMOs), to contract with Medicare. This report focuses on MA payments. For a discussion on the effect of the MMA on Medicare managed care, see CRS Report RS21761: Medicare Advantage: What Does It Mean for Private Plans Currently Serving Medicare Beneficiaries? | |||
| RL32966 (PDF, TXT) | Poland: Background and Current Issues | Carl Ek, Foreign Affairs, Defense, and Trade Division | June 21, 2005 |
| This report provides political and economic background on Poland andevaluates current issues in U.S.-Polish and Polish-European relations. For additional information, see CRS Report RL32967, Poland: Foreign Policy Trends. | |||
| RL32967 (PDF, TXT) | Poland: Foreign Policy Trends | Carl Ek, Foreign Affairs, Defense, and Trade Division | June 21, 2005 |
| This report analyzes Polish foreign policy motivations and trends, andimplications for U.S.-Polish relations and U.S. interests in Europe. For additional information, see CRS ReportRL32966, Poland: Background and Current Issues. | |||
| RL32960 (PDF, TXT) | Age Restrictionf for Airline Pilots: Revisiting the FAAs "Age 60 Rule" | Bart Elias, Resources, Science, and Industry Division | June 23, 2005 |
| While the Age 60 Rule occupies one short paragraph in the Code of Federal Regulations, it has generated volumes of research, public policy debate, and court proceedings making it one of the most contentious aviation safety regulations in existence. While the FAA maintains that the rule is needed for safety reasons, the rule directly impacts pilots financially and is considered by many to be arbitrary and unfair. Congress has expressed considerable interest in this contentious rule over the years. This interest has grown considerably in recent years as increasing numbers of foreign countries are allowing older pilots to fly in airline operations, the financial instability of the airline industry is making the prospect of full retirement at age 60 increasingly untenable for pilots, and the health of older adults continues to improve bringing into question the continued legitimacy of safety concerns regarding pilots in their sixties. This report provides a background on the rule, the surrounding safety issues, economic considerations, and discusses some available policy options. | |||
| RL32938 (PDF, TXT) | What Do Local Election Officials Think about Election Reform?: Results of a Survey | Eric A. Fischer, Resources, Science, and Industry Division; and Kevin J. Coleman, Government and Finance Division | June 23, 2005 |
| U.S. elections are highly decentralized, with much of the responsibility for election administration residing with local election officials (LEOs). There are thousands of such officials, many of whom are responsible for all aspects of election administration in their local jurisdictions - including voter registration, recruiting pollworkers, running each election, and choosing and purchasing new voting systems. These officials are therefore critical to the successful implementation of state and federal election laws, including the Help America Vote Act of 2002 (HAVA, P.L. 107-252). Nevertheless, there has been little objective information on the perceptions and attitudes of LEOs about election reform. This report discusses the results of a scientific opinion survey of principal local election officials1 that was designed to help fill that gap in knowledge. The findings may be useful to Congress as it considers funding and possible reauthorization of HAVA. | |||
| RL32396 (PDF, TXT) | Federal Funding of Program for Minority-Serving Institutions of Higher Education | Charmaine Mercer, Domestic Social Policy Division | June 24, 2005 |
| Each year the Congress appropriates several million dollars for minority-serving institutions of higher education (MSIs). Funds for MSIs are channeled through several federal agencies and independent organizations. Some of the programs have specific authorizing legislation and annually receive a direct appropriation. Other programs are a part of a larger agency program and do not have separate authorizing language. This report provides a short description of each program organized by agency or organization, and spending amounts requested for FY2006 and appropriations for FY2005. Funds for MSIs are dispersed across many agencies and in various forms; thus the list of programs presented should not be considered a fully exhaustive list of all federally funded programs for minority-serving institutions. The report also does not include funds received from other programs that do not focus directly or specifically on MSIs. | |||
| RL32911 (PDF, TXT) | Federally Mandated Random Drug Testing in Professional Athletics: Constitutional Issues | Charles V. Dale, American Law Division | June 27, 2005 |
| Congressionally mandated drug-testing requirements for both public employees and workers in private industry subject to federal regulation have a fairly long and well established legal history. Nonetheless, as described in this report, the federal courts have recognized limits, largely anchored in constitutional privacy interests of affected workers, that circumscribe governmental authority to impose suspicionless random testing requirements in the public or private sectors. This report examines relevant judicial precedents for their applicability to the issue of random testing for performance-enhancing substances in professional athletics. | |||
| RS22176 (PDF, TXT) | Transit Reauthorization in the 109th Congress | David Randall Peterman, Resources, Science, and Industry Division | June 27, 2005 |
| Consideration of the future direction, scope, and funding level of federal transit programs is part of the debate over surface transportation reauthorization. Congress is now conferencing a surface transportation reauthorization bill (H.R. 3). The House version of H.R. 3 would authorize $52.4 billion for transit over FY2004-FY2009; the Senate version would authorize the equivalent of $53.8 billion. Both the House and Senate bills would generally retain the current structure of the federal transit program. Both bills, however, propose some additions and modifications to the current transit program funding structure. Both would eliminate the combined Trust Fund-General Fund funding of individual federal transit programs, which due to accounting rules threatens to deplete the Mass Transit Account of the Highway Trust Fund. They would both create a new funding category within the New Starts program, which would provide streamlined review requirements for transit projects seeking less than $75 million in federal funding. And both bills would create a new funding category within the Urbanized Area Formula Program for small cities that provide higher than average levels of transit service. Differences between the bills include the House's proposal to create a New Freedom Initiatives Program to provide access to jobs for persons with disabilities, in contrast to the Senate's New Freedom Initiatives emphasis on access to health care services; and the House's proposal to convert the existing Job Access and Reverse Commute Program to a formula basis. | |||
| RS20351 (PDF, TXT) | Comprehensive Test Ban Treaty: Pro and Con | Jonathan Medalia, Foreign Affairs, Defense, and Trade Division | June 28, 2005 |
| The Comprehensive Test Ban Treaty (CTBT) would ban all nuclear explosions. President Clinton signed it in 1996 and transmitted it to the Senate in 1997. The Senate rejected it in 1999. To enter into force, 44 named nations, including the United States, must ratify the treaty. The Bush Administration opposes ratification but has maintained a moratorium on nuclear testing begun in 1992. This report presents pros and cons of key arguments: the treaty's implications for nuclear nonproliferation, for maintaining and developing nuclear weapons, for the value of nuclear weapons, and for maintaining U.S. nuclear advantage; monitoring issues; and potential consequences of resuming testing. | |||
| RL30406 (PDF, TXT) | Energy Tax Policy: An Economic Analysis | Salvatore Lazzari, Resources, Science, and Industry Division | June 28, 2005 |
| This report provides background on the theory and application of tax policy as it relates to the energy sector, particularly with respect to the theory of market failure in the energy sector and the suggested tax policy remedies. | |||
| RL31761 (PDF, TXT) | Presidential Succession: An Overview with Analysis of Legislation Proposed in the 108th Congress | Thomas H. Neale, Government and Finance Division | June 29, 2005 |
| This report traces the evolution of succession procedures and reviews contemporary practices and legislation proposed in the 108th Congress. | |||
| RL32970 (PDF, TXT) | Biomedical Advances in Alzheimer's Disease | Michele M. Schoonmaker and Laura B. Shrestha, Domestic Social Policy Division | June 29, 2005 |
| This report provides an overview of the public health and financial impact of Alzheimer's Disease (AD), summarizes federal funding for AD research and clinical trials, and discusses our current understanding of AD and promising avenues of AD research. Issues relating to social services for AD patients and support for caregivers are covered in a companion report. | |||
| RS22180 (PDF, TXT) | Unauthorized Employment of Aliens: Basics of Employer Sanctions | Alison M. Smith, American Law Division | June 29, 2005 |
| The Immigration Reform and Control Act of 19861 (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 19962 (IIRIRA) amended some of the provisions of IRCA by reducing the number of acceptable documents for completion of the Employment Eligibility Verification form (I-9) purposes, providing employers with the possibility of a good-faith defense against technical paperwork violations and providing some protection for employers who are part of multi-employer associations. This report summarizes the employer sanctions. | |||
| RL32612 (PDF, TXT) | The Electoral College: Reform Proposals in the 108th Congress | Thomas H. Neale, Government and Finance Division | June 30, 2005 |
| A wide range of proposals to reform presidential election procedures have been introduced over time. In recent decades, they have fallen into two categories: (1) those that seek to eliminate the electoral college system entirely, and replace it with direct popular election; and (2) those that seek to repair perceived defects of the existing system. | |||
| RS21877 (PDF, TXT) | FTAIA Limits Availability of U.S. Courts to Foreign Antitrust Plaintiffs: F. Hoffman-LaRoche, Ltd. V. Empagran, S.A. | Janice E. Rubin, American Law Division | June 30, 2005 |
| When the Supreme Court decided F. Hoffman-LaRoche, Ltd. v. Empagran, S.A. (542 U.S. 155 (2004)), it narrowed the degree to which the Federal Circuits were split concerning the availability of U.S. courts to foreign plaintiffs seeking relief for violations of U.S. antitrust laws; it also lessened the concern of foreign governments, global commercial entities and U.S. antitrust enforcement officials that the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA) could be a vehicle for extending the reach of U.S. antitrust laws. A unanimous Court ruled that the FTAIA's general Sherman Act non-applicability to foreign commerce "other than import trade or ... commerce" is not necessarily displaced by the act's exception for anticompetitive conduct that has a "direct, substantial, and reasonably foreseeable effect" on U.S. domestic commerce, and that "gives rise to a [Sherman Act] claim." Where a foreign plaintiff's claim arises independently of the harm to U.S. commerce, even though the underlying conduct may have had such a harmful effect, the Court said, U.S. courts may not be used to pursue a Sherman Act claim, even if a U.S. plaintiff might have a valid Sherman Act claim arising out of the conduct's effect on U.S. commerce. | |||
| RL32971 (PDF, TXT) | Judicial Recess Appointments: A Legal Overview | T.J. Halstead, American Law Division | June 30, 2005 |
| While the President's exercise of the recess appointment power in any context may give rise to controversy, the use of the Recess Appointments Clause to appoint judges to temporary positions on Article III courts can be particularly politically contentious. Presidents have made over 300 recess appointments to the federal judiciary, including twelve to the Supreme Court, since the first Administration of George Washington. The practice of making such appointments lessened considerably after the Eisenhower Administration, with only four judicial recess appointments having occurred since 1960. Despite the controversy attendant to judicial recess appointments, the President's authority to make such appointments has been challenged only in a handful of instances, with the most recent litigation arising from President George W. Bush's recess appointment of William H. Pryor to the Court of Appeals for the Eleventh Circuit on February 20, 2004. This report provides an overview of the legal and constitutional issues pertaining to the recess appointment of judges to Article III courts, with a particular focus on the proceedings involving the appointment of Judge Pryor. | |||
| RL32972 (PDF, TXT) | Federal Flood Insurance: The Repetitive Loss Problem | Rawle O. King, Government and Finance Division | June 30, 2005 |
| This report traces the evolution of the NFIP and provides background information on the program. This is followed by a brief discussion of the problem of repetitively flooded properties and the mitigation program administered by FEMA. A summary of the major provisions in the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 is included. The report does not examine other important National Flood Insurance Program (NFIP) related issues involving coastal erosion, the Coastal Barriers Resources System, market penetration, lender compliance, and NFIP financial conditions and managing systems. | |||
| RL32963 (PDF, TXT) | The Availability of Judicial Review Regarding Military Base Closures and Realignments | Ryan J. Watson, American Law Division | Updated June 30, 2005 |
| This report analyzes whether judicial review is available when plaintiffs allege that the Department of Defense (DOD), the independent BRAC Commission (Commission), or the President has either (1) failed to comply with procedural requirements of the Base Closure Act or (2) failed to properly apply specified selection criteria in making BRAC determinations. Congress could employ numerous strategies to attempt to "enforce" the Base Closure Act. However, this report focuses on the effect a failure to comply would have if Members of Congress or other parties sued based on an alleged failure to comply with the Act's provisions. In particular, the report synthesizes key federal court decisions that address three potential bases for judicial review of BRAC-related actions: the Administrative Procedures Act (APA), the Base Closure Act, and the U.S. Constitution. | |||
| RL30553 (PDF, TXT) | The Federal Excise Tax on Telephone Service: A History | Louis Alan Talley, Government and Finance Division | June 30, 2005 |
| This report traces the history of the federal excise tax on telephone service from 1898 to the present. The public laws/federal legislation addressing the tax are listed and summarized in Table 1 at the end of this report. The text provides the historical context for the major legislation affecting the telephone excise tax. The history shows that the tax has been intermittent. Over the last century, the tax has changed many times and in many ways. | |||
| RL31419 (PDF, TXT) | Medicare: Payments for Covered Part B Prescription Drugs | Jennifer O'Sullivan, Domestic Social Policy Division | June 30, 2005 |
| Currently, Medicare does not cover most outpatient prescription drugs. However, beginning in 2006, beneficiaries will be able to obtain assistance with their drug costs under the new Medicare Part D. A few categories of drugs, listed in the Medicare statute, are specifically paid for under the current Part B program. These include immunosuppressive drugs following a transplant paid for by Medicare, certain oral cancer drugs, erythropoietin (EPO) for persons with chronic renal failure who are on dialysis, drugs (which are not self-administered) which are administered "incident to" a physician's professional service, and drugs necessary for the effective use of covered durable medical equipment. | |||
| RL32845 (PDF, TXT) | Ukraine's Orange Revolution and U.S. Policy | Steven Woehrel, Foreign Affairs, Defense, and Trade Division | July 1, 2005 |
| Ukraine's "Orange Revolution" has sparked a great deal of interest in Congress and elsewhere. Some hope that Ukraine may finally embark on a path of comprehensive reforms and Euro-Atlantic integration after nearly 15 years of halfmeasures and false starts. Others are interested in the geopolitical implications of a pro-Western Ukraine in the former Soviet region and in relations between Russia and the West. Some analysts detect a new wave of democracy sweeping the post-Soviet region, from the "Rose Revolution" in Georgia in November 2003-January 2004, to the "Orange Revolution" in November 2004-January 2005, and possibly to the overthrow of the regime in Kyrgyzstan in March 2005. | |||
| RL32974 (PDF, TXT) | Genetically Engineered Fish and Seafood | Rachel Borgatti and Eugene H. Buck, Resources, Science, and Industry Division | July 1, 2005 |
| Genetic engineering techniques allow the manipulation of inherited traits to modify organisms. Genetically modified (GM) fish and seafood products are currently under development and may offer potential benefits such as increasing aquaculture productivity and addressing human health concerns. However, some critics of this rapidly evolving field are concerned that current technological and regulatory safeguards are inadequate to protect the environment and ensure public acceptance of these products. To date, there has been little legislative activity in Congress on GM fish and seafood issues, but as commercialization moves closer, pressures may build for oversight of industry developments and the appropriate role of federal regulation. This report will be updated as circumstances warrant. | |||
| RL32977 (PDF, TXT) | A CRS Series on Medicaid: Dual Eligibles | Karen Tritz, Domestic Social Policy Division | July 6, 2005 |
| This report describes Medicaid's coverage of dual eligibles including demographic information on these beneficiaries, the high cost and intensive service needs of dual eligible individuals and associated Medicaid spending, the delivery and administration of dual eligible services and assistance with Medicare cost sharing. Some features of the Medicare program are described to compare the two programs and discuss their interaction. | |||
| RL32979 (PDF, TXT) | Alcohol Fuels Tax Incentives | Salatore Lazzari, Resources, Science, and Industry Division | July 6, 2005 |
| This report explains the provisions of the new alcohol fuels mixtures tax credit and compares the tax benefits under the new credit with the tax benefits under the old exemption. An example illustrates the mechanics of the new credit and compares it with the old exemption. The second section examines the revenue and Highway Trust Fund implications of the new tax incentive both with and without a renewable fuels standard. The final section discusses the remaining three tax subsidies for alcohol fuels, which, although little used, are nevertheless part of the current federal tax laws and might be used in the future. | |||
| RL32533 (PDF, TXT) | Vieques and Culebra Islands: An Analysis of Environmental Cleanup Issues | David M. Bearden, Resources, Science, and Industry Division | July 7, 2005 |
| This report provides information on the listing of Vieques on the NPL, examines the implications of the site listing for environmental cleanup, indicates the status and estimated costs of cleaning up munitions and other environmental contamination on Vieques, and discusses cleanup actions and costs at nearby Culebra Island. | |||
| RL32980 (PDF, TXT) | Legal Services and Noncustodial Parents Who Owe Child Support | Carmen Solomon-Fears, Domestic Social Policy Division | July 7, 2005 |
| Pending welfare reauthorization legislation (H.R. 240 and S. 667) includes incentives for states to send more of the child support collected on behalf of custodial parents to the family itself, additional CSE enforcement tools, funding for marriage promotion programs for low-income persons, and funding for programs designed to help noncustodial fathers meet both their financial and emotional responsibilities to their children. Supporters of the welfare reauthorization legislation claim that its passage will result in more noncustodial parents paying child support. They contend that noncustodial parents who can afford to, but do not, pay child support will not be able to escape their duty because of the strong enforcement apparatus, and that noncustodial parents who cannot afford to pay will be offered services that may improve their financial ability to pay, as well as their willingness to pay. In situations in which noncustodial parents find themselves at loggerheads with custodial parents and the CSE system with respect to paternity and child support, some have encouraged legal services providers to play a more "balanced" role. They maintain that providing legal services to noncustodial parents could result in child support payments becoming a more reliable source of income for custodial parents if noncustodial parents were provided better access to the legal system and were satisfied that "they had their day in court" and thereby more amenable to paying child support. This report describes some of the child support issues faced by noncustodial parents and discusses areas in which legal services providers funded by the Legal Services Corporation (LSC) are authorized to support poor noncustodial parents. | |||
| RL32999 (PDF, TXT) | Drug Testing in Sports: Proposed Legislation | Nathan Brooks, American Law Division | July 8, 2005 |
| 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. | |||
| RS22189 (PDF, TXT) | Condemnation of Private Property for Economic Development: Kelo v. City of New London | Robert Meltz, American Law Division | July 11, 2005 |
| 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 private-to-private transfers solely to improve the tax base and create jobs. Congress is now considering several options for responding to the Kelo decision. | |||
| RS21533 (PDF, TXT) | Indian Tribal Government Amendments to the Homeland Security Act: S. 578 and Indian Tribal Sovereignty | M. Maureen Murphy, American Law Division | July 13, 2005 |
| S. 477, the Tribal Government Amendments to the Homeland Security Act of 2002, has been introduced to "ensure that ... the Department of Homeland Security consults with Indian tribal governments ... and ... [that] Indian tribal governments participate fully in the protection of the homeland of the United States." An earlier version of this legislation, S. 578, in the 108th Congress raised concern in some quarters that it would overturn Nevada v. Hicks, 533 U.S. 353 (2001), or otherwise expand Indian tribal sovereignty. S. 477 differs from the earlier version both by including authority for direct funding, rather than indirect funding through individual states, of Indian tribal homeland security projects, and by eliminating the provisions in the earlier bill that appeared to endorse a view of tribal criminal and civil jurisdiction inconsistent with Supreme Court rulings on the subject of tribal jurisdiction. The operative provisions of the legislation remove tribal governments from the definition of "local governments," and distinguish them from both state governments and local governments. The legislation also appears to contain no direct statement specifically granting or delegating a particular law enforcement authority to tribes or overruling any named Supreme Court case. Related legislation includes § 131 of S. 536 and S. 1374 which contain provisions authorizing a border preparedness pilot program on Indian land. | |||
| RL32990 (PDF, TXT) | Child Labor in West African Cocoa Production: Issues and U.S. Policy | Tiaji Salaam-Blyther and Nicolas Cook, Foreign Affairs, Defense, and Trade Division; and Charles Hanrahan, Research, Sciences, and Industry Division | July 13, 2005 |
| This report outlines how and where cocoa is produced, discusses the use of abusive child labor in the industry, efforts by Congress to counter abusive child labor - including the Harkin-Engel Protocol, and initiatives by affected governments and international organizations to address the problem. This report also provides possible policy options that might undertaken to stop the use of child labor in cocoa production. | |||
| RS22193 (PDF, TXT) | Grants to States to Develop Alternatives to Medical Malpractice Litigation: Legal Analysis of S. 1337, 109th Congress | Henry Cohen, American Law Division | July 14, 2005 |
| 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." | |||
| 98-500 (PDF, TXT) | Dietary Supplements: International Standards and Trade Agreements | Donna V. Porter, Domestic Social Policy Division | July 15, 2005 |
| The dietary supplement industry has long been concerned about international activities that could have a potential impact on supplement trade. As originally proposed, FDA reform legislation contained provisions on mutual agreements and global harmonization that would have applied to most products under FDA jurisdiction. However, Congress explicitly exempted supplements from the final provisions of the Food and Drug Administration Modernization Act of 1997 (P.L. 105-115), which means that these products are not part of on-going trade discussions. However, the perception of supplement proponents at that time was that such harmonization efforts would limit access and availability of supplement products and was a harbinger of their reaction to other international supplement agreements ever since. The European Commission adopted a directive on vitamin and mineral supplements in 2002. Although in April 2005, the Advocate General declared it invalid, in July 2005 the European Court judges ruled in favor of upholding the directive. In July 2005, the United Nations' Codex Alimentarius Commission voted to adopt the guidelines on the composition of certain vitamin and mineral supplements. Once adopted, however, Codex guidelines are not binding on any country, unless the provisions are incorporated into the laws of that country. More recently, questions have been raised about the impact on supplements of actions by the World Trade Organization (WTO) and implementation of the Central American Free Trade Agreement (CAFTA). | |||
| RS22194 (PDF, TXT) | Federal Enterprise Architecture and Information Technology Management: A Brief Overview | Jeffrey W. Seifert, Resources, Science, and Industry Division | July 15, 2005 |
| 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 functions. As an information technology management and planning tool, EA planning represents a business-driven approach to information technology management that emphasizes interoperability and information sharing. The Federal Enterprise Architecture (FEA) was started in 2002 by the Office of Management and Budget (OMB) and continues to be developed today. The FEA is composed of five reference models; Performance, Business, Service, Data, and Technical. Each of the reference models represent specific aspects of the FEA and provide a "common language" for departments and agencies to use in developing common technology solutions. Some of the congressional oversight issues related to the FEA include, but are not limited to, ongoing updates of the reference models, progress in aligning the EAs of individual departments with the FEA, and the role of the FEA in developing a second generation of e-government initiatives. | |||
| RL32995 (PDF, TXT) | Selected Opinions of Justice O'Connor | Johnny H. Killian, American Law Division | July 15, 2005 |
| The retirement of Justice O'Connor from the Supreme Court and her replacement by a nominee of President Bush provoke numerous questions about the impact of the change in Court membership in a wide variety of issues, both constitutional and statutory. The purpose of this report is to identify significant opinions of Justice O'Connor, opinions of the Court, concurrences, and dissents, which could assist interested parties to assess possible changes in Court jurisprudence that may be anticipated over the next several years. | |||
| RS22198 (PDF, TXT) | Abortion: Justice O'Connor's Opinions | Jon O. Shimabukuro, American Law Division | July 15, 2005 |
| In 1992, the U.S. Supreme Court, led by Justices O'Connor, Kennedy, and Souter, adopted a new standard for reviewing the constitutionality of restrictions on abortion. Under the new standard, a reviewing court would consider whether an abortion restriction has the effect of imposing an "undue burden" on a woman's right to obtain an abortion. This report will examine Justice O'Connor's notable opinions on abortion, and explore her role in the development of the undue burden standard. | |||
| RS22102 (PDF, TXT) | Trade Promotion Authority: Possible Vote on Two-Year Extension | Lenore Sek, Foreign Affairs, Defense, and Trade Division | July 18, 2005 |
| 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 Senate Finance Committee on April 6, 2005. Under the 2002 Trade Act, a resolution had to be reported out of committee to be considered on the floor. By July 1, 2005, the Senate Finance Committee had not reported out S.Res. 100. No extension disapproval resolution had been introduced in the House. Therefore, the two year extension was not disapproved, and expedited legislative procedures will apply to trade agreements entered into before July 1, 2007. | |||
| RL31505 (PDF, TXT) | Recycling Computers and Electronic Equipment: Legislative and Regulatory Approaches for "E-Waste" | James E. McCarthy, Resources, Science and Industry Division | July 18, 2005 |
| This report provides background on the management of discarded computers, discusses some of the initiatives undertaken in the United States and abroad, and identifies options that Congress might consider if it were to address this issue. | |||
| RS22076 (PDF, TXT) | Climate Change: Summary and Analysis of the Climate Stewardship Act (S. 342, S. 1151, and H.R. 759) | Larry Parker and Brent Yacobucci, Resources, Science, and Industry Division | July 18, 2005 |
| The Climate Stewardship Act (S. 342, S. 1151, and H.R. 759) would reduce emissions of six greenhouse gases from anticipated levels beginning in 2010. Using a flexible, market-based implementation strategy, the bills would require economy-wide reductions, but permit participation in pre-certified international trading systems and in carbon sequestration programs to achieve part of the reduction requirement. The bills exclude residential and agricultural sources of greenhouse gases, along with entities that do not own a single facility that emits more than 10,000 metric tons of carbon dioxide equivalents annually. As introduced, S. 342, S. 1151, and H.R. 759 would require that greenhouse gas emissions from covered entities be limited to year 2000 levels. By restricting the reduction regime to a single phase with a 2000 level target, S. 342, S. 1151, and H.R. 759 are projected to have substantially reduced costs compared with proposals to further reduce emissions to 1990 levels. In June 2005, S. 1151 was debated on the Senate floor as S.Amdt. 826, and defeated on a 38-60 vote. | |||
| RL31998 (PDF, TXT) | File-Sharing Software and Copyright Infringement: Metro-Goldwyn-Mayer Studios, Inc v. Grokster, Ltd. | Brian Yeh and Robin Jeweler, American Law Division | July 18, 2005 |
| 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: Aimster Copyright Litigation. But in Grokster, the court granted summary judgment for the software companies. The court thus became the first to accept the "substantial, noninfringing uses" defense to copyright infringement liability, a defense developed by the U.S. Supreme Court in connection with use of VCRs in Sony Corp. of America v. Universal City Studios, Inc. In a unanimous 9-0 decision, the U.S. Supreme Court reversed the Ninth Circuit, finding that it had misapplied Sony. It articulated a new standard for the imposition of secondary liability for copyright infringement, namely "inducement." The Court held that one who distributes a device "with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties." Although firmly rooted in the common law, the Court imported the "inducement" theory to copyright law much as it had adopted the safe harbor from infringement liability in Sony from patent law. | |||
| RL32953 (PDF, TXT) | Climate Change: Comparison and Analysis of S. 1151 and the Draft "Climate and Economy Insurance Act of 2005" | Brent D. Yacobucci and Larry Parker, Resources, Science, and Industry Division | July 18, 2005 |
| A number of congressional proposals to advance programs designed to reduce greenhouse gases have been introduced in the 109th Congress. These have generally followed one of three tracks. The first is to improve the monitoring of greenhouse gas emissions - in order to provide a basis for research and development and for any potential future reduction scheme. The second is to enact a market-oriented greenhouse gas reduction program along the lines of the trading provisions of the current acid rain reduction program established by the 1990 Clean Air Act Amendments. The third is to enact energy and related programs that would also have the added effect of reducing greenhouse gases; an example would be a requirement that electricity producers generate a portion of their electricity from renewable resources (a renewable portfolio standard). This report focuses on the second category of bills, specifically comparing the major provisions of two proposals that received attention during the Senate's debate on the Senate version of H.R. 6 - The Energy Policy Act of 2005. | |||
| RL32909 (PDF, TXT) | Federal Protection for Human Research Subjects: An Analysis of the Common Rule and Its Interactions with FDA Regulations and the HIPAA Privacy Rule | Erin D. Williams, Domestic Social Policy Division | July 19, 2005 |
| Legislation to revise the Common Rule has been introduced in every Congress since 1997. In the 109th, the PhRMA Act of 2005 (H.R. 870) was introduced, to provide criminal penalties for concealing evidence of serious drug adverse events. Bills introduced in former Congresses include the Protection for Participants in Research Act of 2003 (H.R. 3594, 108th Congress), the Research Revitalization Act of 2002 (S. 3060, 107th Congress), and the Human Research Subject Protections Act of 2002 (H.R. 4697, 107th Congress). | |||
| RS22191 (PDF, TXT) | Affirmative Action: Justice O'Connor's Opinions | Charles V. Dale, American Law Division | July 19, 2005 |
| An examination of Justice O'Connor's opinions reveals a gradual shift in perspective regarding the legal and constitutional standards to be applied in evaluating governmental affirmative action efforts, and the manner of their application in various legal and factual settings. This report surveys decisions of retiring Justice Sandra Day O'Connor in affirmative action cases, an area where her opinions have frequently determined the outcome. | |||
| RS22199 (PDF, TXT) | Federal Jurisprudence: The Opinions of Justice O'Connor | Kenneth R. Thomas and Todd B. Tatelman, American Law Division | July 19, 2005 |
| 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. | |||
| RL32280 (PDF, TXT) | Federal Regulation of Boxing: Current Law and Proposed Legislation | Nathan Brooks, American Law Division | July 20, 2005 |
| 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 national regulatory body, but rather consists mainly of minimum requirements with which the states must comply. Amidst concerns that the federally-mandated minimum requirements are being largely ignored, there is currently a movement to establish a national regulatory body for boxing. In the 109th Congress, Senator McCain has introduced S. 148, the Professional Boxing Amendment Act of 2005, which was passed by the Senate on May 9. Representative King has introduced his own very similar bill (H.R. 468) in the House, as has Representative Stearns (H.R. 1065). This report summarizes the current federal regulatory framework and the bills before the 109th Congress. | |||
| RS22173 (PDF, TXT) | Detainees at Guantanamo Bay | Jennifer K. Elsea, American Law Division | July 20, 2005 |
| After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called "Combatant Status Review Tribunals" (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to the detentions and the use of military commissions. The relevant Supreme Court rulings are discussed in CRS Report RS21884, The Supreme Court and Detainees in the War on Terrorism: Summary and Analysis. | |||
| RL32796 (PDF, TXT) | Africa, the G8, and the Blair Initiative | Raymond W. Copson, Foreign Affairs, Defense, and Trade Division | July 20, 2005 |
| This report provides background on Africa, the G8, and the Gleneagles meeting. It outlines the British proposals and the U.S. reaction to them to date. In addition, it briefly reviews the problems that have inhibited African development and the response to those problems at previous G8 meetings. For additional information, see CRS Report RL32489, Africa: Development Issues and Policy Options, and CRS Issue Brief IB95052, Africa: U.S. Foreign Assistance Issues. | |||
| RS22201 (PDF, TXT) | The Law of Church and State: Selected Opinions of Justice O'Connor | Angie A. Welborn, American Law Division | July 20, 2005 |
| An examination of Justice O'Connor's opinions interpreting the Establishment Clause reveals that she employed different tests depending on the type of government activity at issue. She often and rather consistently applied the so-called "endorsement test" in cases involving government speech on religious topics, but tended to use hybrid approaches incorporating both the test set forth in Lemon and a neutrality test in cases involving government aid programs. The decisions show that O'Connor believed that these cases should all be examined carefully with particular attention given to the facts of each, and that the Court should refrain from tying itself to a single test for evaluating Establishment Clause cases. | |||
| RS22202 (PDF, TXT) | Liberia's Post-War Transition: Key Issues | Nicolas Cook, Foreign Affairs, Defense, and Trade Division | July 20, 2005 |
| Liberia appears on course to hold elections in October 2005, a key goal of a peace accord signed in August 2003. It ended Liberia's second civil war in a decade, and led to the current post-war transition process, which is U.S.-aided. Liberia's security situation is stable but subject to periodic volatility. Humanitarian conditions are improving. Progress on governance has been mixed. The case of Liberia's former president, Charles Taylor, a war crimes indictee living in exile in Nigeria, remains unresolved. | |||
| RS22174 (PDF, TXT) | The Federal Consent Decree Fairness Act (S. 489/H.R. 1229) , A Legal Analysis | Charles V. Dale, American Law Division | July 20, 2005 |
| The Federal Consent Decree Fairness Act (S. 489/H.R. 1229) would impose durational limits on the effectiveness of "any final order imposing injunctive relief" against state or local governments , or officials thereof sued in their "official capacity" , when that order is based in whole or part upon consent or agreement of the parties. Specific exception is made for private agreements not merged into a judicial decree and final school desegregation orders. Under the proposal, any decree could be modified or vacated on motion of the governmental defendant four years after the decree was originally entered or upon leaving office by the highest elected state or local official who consented to the decree, whichever is less. The burden in any such proceeding would be on the class plaintiff who originally filed the action , or the Department of Justice in cases filed by the federal government , to "demonstrate that the continued enforcement of a consent decree is necessary to uphold a federal right." Moreover, unless the court rules on the motion to vacate within a 90-day period, the consent decree would lapse and defendants would not be bound until a contrary decision is made. The appointment of any special master to oversee the decree would expire at the same time. | |||
| RS21457 (PDF, TXT) | The Middle East Partnership Initiative: An Overview | Jeremy M. Sharp, Foreign Affairs, Defense, and Trade Division | July 20, 2005 |
| 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. | |||
| RL30692 (PDF, TXT) | Global Climate Change: The Kyoto Protocol | Susan R. Fletcher, Resources, Science, and Industry Division | July 21, 2005 |
| Following the ratification of the Kyoto Protocol by Russia in November 2004, it entered into force on February 16, 2005, and as noted above, obligates the 35 developed nations that have ratified it to meet their commitments to reduce their greenhouse gas emissions by the amounts specified in the Protocol over the period 2008 to 2012. A total of 141 nations, including developing countries - which have no binding obligations under the treaty - had ratified the Protocol when it entered into force. In order to enter into force, the Protocol had to be ratified by developed (Annex I) nations representing 55% of the level of their emissions in 1990. Only those countries that have ratified the Protocol are bound by its terms; therefore, although the United States had signed the Protocol, it is not bound by its terms, since it has not ratified it. This report is intended to provide background on the Kyoto Protocol and its terms. | |||
| RL32032 (PDF, TXT) | Streamlining Environmental Reviews of Highway and Transit Projects: Analysis of TEA-LU (H.R. 3) and SAFETEA (S. 732) | Linda G. Luther, Resources, Science, and Industry Division | July 22, 2005 |
| Streamlining provisions include the designation of DOT as the "lead agency" in the environmental review process; the designation of authority to the lead agency to define a project's purpose and need, and to determine the range of alternatives to be considered; the creation of a dispute resolution process to address issues of concern between agencies; amendments to current statutory requirements to potentially allow for the use of certain public lands or historic sites for transportation projects; delegation of certain authority to state agencies; and the establishment of a statute of limitations on final agency actions or comment deadlines applicable to agencies and the public. This report provides background and detail on streamlining provisions proposed during the 109th Congress. For more information on issues regarding the environmental review process, see CRS Report RL32024, Background on NEPA Implementation for Highway Projects: Streamlining the Process. | |||
| RL33008 (PDF, TXT) | Capital Punishment: A Legal Overview Including the Supreme Court Decisions of the 2004-2005 Term | Paul Starett Wallace, Jr., American Law Division | July 22, 2005 |
| Executions declined through the 1950s and 1960s and ceased after 1967, pending definitive Supreme Court decisions. This interval ended only after States altered their laws in response to the 1972 Supreme Court decision in Furman v. Georgia, a 5-4 decision deciding that the death penalty, as imposed under existing law, constituted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments of the U.S. Constitution. In Furman, the Court ruled that the death penalty was arbitrarily and capriciously applied under existing law based on the unlimited discretion accorded to sentencing authorities in capital trials. In response, States began to revise their statutes to modify the discretion given to sentencing authorities. These statutes went untested until the Court decided Gregg v. Georgia in 1976 in which it found in a 7-2 decision, that the death penalty did not per se violate the Eighth Amendment. The Gregg decision allowed States to establish the death penalty under guidelines that excluded the arbitrariness of sentencing in capital cases. As a result, statutory safeguards were developed to make sentencing more just and fair. Some of the changes included (1) in death penalty cases, the determination of guilt or innocence must be decided separately from hearings in which sentences of life imprisonment or death are decided; (2) the court must consider aggravating and mitigating circumstances in relationship to the crime and the defendant; and (3) the death sentence must be subject to review by the highest State court of appeals to make sure that the penalty is in proportion to the seriousness or gravity of the offense and is imposed even-handedly under State law. Like the statutory safeguards, the capital cases decided by the Court in the 2004-5 term also reflect its sentiment that if there is going to be a death penalty, the process must be fair. | |||
| RS22207 (PDF, TXT) | Congressional Review of EPA's Mercury Rule | James E. McCarthy, Resources, Science, and Industry Division; and Richard S. Beth, Government and Finance Division | July 25, 2005 |
| 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 the Senate may vote on whether to overturn the rule if at least 30 Senators submit a petition to discharge the resolution from the committee to which it is referred. Thirty-two Senators did so on July 18. By that point, no action had yet occurred on the House measure. This report discusses the EPA rule that is the subject of the disapproval resolution, describes the procedures under which the resolution can be considered, and provides additional references and background information that may be of interest in light of the potential debate. | |||
| RS22151 (PDF, TXT) | Long-Range Fifty Caliber Rifles: Should They Be More Strictly Regulated? | William J. Krouse, Domestic Social Policy Division | July 25, 2005 |
| 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 these rifles are expensive, cumbersome and rarely, if ever, used in crime. Furthermore, they maintain that these rifles were first developed for long-range marksmanship competitions and, then adopted by the military as sniper rifles. Related amendments may be offered during Senate-consideration of the Protection of Lawful Commerce in Arms Act (S. 397). The issue for Congress is whether to regulate these firearms more stringently based on their destructive potential in a post-9/11 environment. And if regulation is pursued, what measures seem most effective and appropriate. | |||
| RL33007 (PDF, TXT) | Individual Accounts: What Rate of Return Would They Earn? | Brian W. Cashell and Marc Labonte, Government and Finance Division | July 25, 2005 |
| A recurring question in the debate on adding individual accounts (IAs) to Social Security is how large the typical account would be upon retirement. Making this calculation requires assumptions about the contribution rate, length of time the account was held, and rate of return earned on the account (net any administrative fees and taxes). Because of the power of compound interest, changing the rate of return on the account leads to greatly different outcomes. For example, $1 invested every month for 40 years accumulates to $1,526 if earning 5%, $2,625 if earning 7%, and $4,681 if earning a 9% rate of return. Many estimates of how large the IAs would be have assumed that assets in the account would earn a rate of return equal to the historical average. For example, in the official actuarial estimates of various IA plans, the Social Security Administration actuaries assume that equities will average a rate of return of 6.5% and government bonds will earn 3%. Some proposals assume that the accounts would hold equities (stocks), others bonds, and others some combination of the two. Since stocks historically have a higher rate of return than bonds on average, the rate of return earned by the IA's would increase as the fraction held in equities increased. But is the assumption that future rates of return will mirror historical rates of return a valid one? Or are there ways in which the future may differ from the past that will have a predictable effect on the rate of return? This report analyzes demographic, economic, and financial reasons why the assumption might, or might not, be valid. | |||
| RL33006 (PDF, TXT) | Omnibus Energy Legislation, 109th Congress: Side-by-Side Assessment of House and Senate Versions of H.R. 6 | Mark Holt and Carol Glover, Resources, Science, and Industry Division | July 25, 2005 |
| The House approved an omnibus energy bill (H.R. 6) on April 21, 2005, that would open the Arctic National Wildlife Refuge (ANWR) to oil and gas leasing, substantially change oversight of electric utilities, increase the use of alternative motor fuels, provide $8.1 billion in energy tax incentives, and authorize numerous energy R&D programs. The Senate passed its version of H.R. 6 on June 28 without ANWR provisions but with $14.1 billion in tax incentives - including a nuclear energy production credit - and provisions on global climate change. | |||
| RS22182 (PDF, TXT) | Unocal Corporation's Oil and Gas | Bernard A. Gelb, Resources, Science, and Industry Division | July 26, 2005 |
| U.S.-based Unocal Corporation is primarily an oil and gas exploration and production company with operations in North America and overseas. China National Offshore Oil Corporation (Cnooc), which is largely owned by the government of China, has submitted a bid to acquire Unocal. Some Members of Congress and others are concerned that acquisition of Unocal by Cnooc poses a threat to the adequacy and dependability of U.S. energy supplies, and to national security as well. Data from the Unocal Corporation indicate that the bulk of Unocal's oil and gas production and reserves are located overseas. | |||
| RS22208 (PDF, TXT) | The "Memorandum of Understanding": A Senate Compromise on Judicial Filibusters | Walter J. Oleszek, Government and Finance Division | July 26, 2005 |
| Since at least the mid-1990s, there has been an increase in White House-Senate struggles over judicial nominees, especially involving appellate court justices. Tensions between the two Senate parties rose so high in May 2005 that the majority leader indicated that he might employ a procedural maneuver - the so-called "nuclear" or "constitutional" option - to end judicial filibusters by a majority rather than a supermajority vote of the Senate. The use of this maneuver was averted, at least for the time being, by a "memorandum of understanding" signed by seven Democratic and seven Republican senators. The memorandum suggested in part that the seven Republicans would not vote for the nuclear or constitutional option; the seven Democrats agreed not to filibuster judicial nominees except under "extraordinary circumstances." | |||
| RL30427 (PDF, TXT) | Missile Survey: Ballistic and Cruise Missiles of Selected Foreign Countries | Andrew Feickert, Foreign Affairs, Defense, and Trade Division | July 26, 2005 |
| This report provides a current summary of ballistic and cruise missile activity in selected countries and discusses implications for U.S. national security policy. The Defense Threat Reduction Agency's Weapons of Mass Destruction Terms of Reference Handbook defines a ballistic missile as "a missile that is guided during powered flight and unguided during free flight when the trajectory that it follows is subject only to the external influences of gravity and atmospheric drag" and a cruise missile as "a long-range, low-flying guided missile that can be launched from air, sea, and land." Ballistic and cruise missile development and proliferation continue to pose a threat to U.S. national security interests both at home and abroad. Approximately 35 countries currently possess operational ballistic missiles of various ranges and approximately 25 countries have operational cruise missiles with a range greater than 150 km (90 miles). Some analysts consider cruise missile proliferation to be of more concern than that of ballistic missile proliferation, primarily due to their low threshold of use, availability, affordability, and accuracy. | |||
| RL33026 (PDF, TXT) | Supreme Court Opinions: October 2004 Term | George Costello, American Law Division | July 27, 2005 |
| 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 Justices who joined those opinions, are identified. Cases are listed alphabetically, and a subject index is appended. | |||
| RS21252 (PDF, TXT) | Cruise Missile Proliferation | Andrew Feickert, Foreign Affairs, Defense, and Trade Division | July 28, 2005 |
| About 75 countries currently possess cruise missiles. Many experts predict that anti - ship and land attack cruise missile proliferation will increase in terms of both scope and technological sophistication. | |||
| RS22213 (PDF, TXT) | Summary of Joint Committee on Taxation's Staff Proposals Relating to Charitable Contributions | Erika Lunder, American Law Division | July 29, 2005 |
| This report summarizes several proposals by the staff of the Joint Committee on Taxation dealing with charitable contributions that have received significant attention. The proposals would affect the treatment of contributions of conservation and facade easements, clothing and household items, and appreciated property. Legislation that incorporates these proposals has not yet been introduced. | |||
| RS21723 (PDF, TXT) | Verizon Communications, Inc. v. Trinko: Telecommunications Consumers Cannot Use Antitrust Laws to Remedy Access Violations of Telecommunications Act | Janice Rubin, American Law Division | August 1, 2005 |
| 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 provided service to Trinko - wishing to provide competitive local exchange services did not provide sufficient basis for finding a violation of the antitrust laws. Although Congress included "an antitrust-specific savings clause" to emphasize that neither the act nor any amendment to it should "be construed to modify, impair, or supersede the applicability of any of the antitrust laws," "the act does not create new claims that go beyond existing antitrust standards." The three Justices who concurred separately in the judgment would not even have reached the merits of the case, finding instead that Trinko's derivative injury did not afford him the "first step," standing to bring the case. The decision was received unfavorably by both the chairman and ranking minority member of the House Judiciary Committee, who introduced legislation in the 108th Congress to remedy the antitrust defect noted by the Court; and with approval by the chairman of the House Energy and Commerce Committee. | |||
| RS20742 (PDF, TXT) | Chapter 12 of the U.S. Bankruptcy Code: Reorganization of a Family Farmer or Fisherman | Robin Jeweler, American Law Division | August 2, 2005 |
| 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. | |||
| RL30496 (PDF, TXT) | Pension Issues: Lump-Sum Distributions and Retirement Income Security | Patrick Purcell, Domestic Social Policy Division | August 3, 2005 |
| This report discusses the disposition of pre-retirement lump-sum distributions from pension plans and presents estimates of the potential losses in retirement wealth that can occur when these distributions are spent rather than saved. It summarizes previous research findings and presents the results of a Congressional Research Service (CRS) analysis of data from the Survey of Income and Program Participation. Policy implications are discussed in the context of the Tax Reform Act of 1986 and the Unemployment Compensation Amendments of 1992, both of which changed the tax treatment of early distribution from pensions. | |||
| RL33020 (PDF, TXT) | Terrorist Financing: U.S. Agency Efforts and Inter-Agency Coordination | Martin A. Weiss, Foreign Affairs, Defense, and Trade Division | August 3, 2005 |
| Stopping the ability of terrorists to finance their operations is a key component of the U.S. counterterrorism strategy. To accomplish this, the Administration has implemented a three-tiered approach based on (1) intelligence and domestic legal and regulatory efforts; (2) technical assistance to provide capacity-building programs for U.S. allies; and (3) global efforts to create international norms and guidelines. Effective implementation of this strategy requires the participation of, and coordination among, several elements of the U.S. Government. This report provides an agency-by-agency survey of U.S. efforts. | |||
| RL33021 (PDF, TXT) | Oil Industry Profits: Analysis of Recent Performance | Robert Pirog, Resources, Science, and Industry Division | August 4, 2005 |
| 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 investment in oil production. This report is written in response to a number of requests from Congress concerning profits in the oil industry. This report provides background information concerning the level of oil industry profits, the sources of those profits, and a discussion of the potential uses of profits. | |||
| RS21089 (PDF, TXT) | Continuity of Government: Current Federal Arrangements and the Future | Harold C. Relyea, Government and Finance Division | August 5, 2005 |
| Continuity of government refers to the continued functioning of constitutional government under all circumstances. Arrangements for the continued operation of the federal government in the event of a national emergency or catastrophe are specified in law, policy, and plans, some of which are not public information, given their sensitive, contingent status. This report reviews the public record concerning federal continuity of government arrangements. | |||
| RL32049 (PDF, TXT) | Reintroduction of the 30-Year Treasury Bond: An Economic Analysis | Marc Labonte, Government and Finance Division | August 8, 2005 |
| New issues of the 30-year Treasury bond were discontinued in November 2001 based on budget projections at the time that the publicly held national debt would be retired within a matter of years. It was reasoned at the time that it would not be in the nation's interest to issue debt that would still be outstanding after the national debt had been retired and the budget had entered a period of sustained surplus. The drawbacks to discontinuing the 30-year bond were seen to be insignificant. The Treasury also discontinued other maturities, such as the 20-year bond and the 3-year note, in the surplus years in order to increase liquidity in the remaining maturities as borrowing needs dwindled. Since then, the projections of large surpluses have been transformed into large deficits. On August 3, 2005, the Treasury announced that the 30-year bond would be reintroduced in the first quarter of 2006. To evaluate the merits of this change, it is useful to consider how the reintroduction of the 30-year bond would affect the cost of government borrowing, the macroeconomy, and the efficiency of financial markets. Before doing so, it is useful to define the goals of Treasury debt management. | |||
| RS21450 (PDF, TXT) | Homeland Security: Scope of the Secretarys Reorganization Authority | Stephen R. Vina, American Law Division | August 9, 2005 |
| 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 appropriate congressional committees, or (2) through the President's submission of a reorganization plan. The Secretary, however, may not abolish agencies, entities, organizational units, or functions established or required to be maintained by statute. This report examines the scope of the reorganization authority provided in §872 with a focus on (1) the Secretary's independent authority to reorganize the Department and (2) what is meant by the term organizational units, the basic administrative structures that the Secretary is empowered to "establish, consolidate, alter, or discontinue." | |||
| RL32958 (PDF, TXT) | Continuity of Congress: Enacted and Proposed Federal Statutes for Expedited Election to the House in Extraordinary Circumstances | R. Eric Petersen and Sula P. Richardson, Government and Finance Division | August 9, 2005 |
| On August 2, 2005, H.R. 2985, the Legislative Branch Appropriations Act, 2006, which includes a measure (Title III) providing for expedited special House elections in extraordinary circumstances, was signed into law (P.L. 109-55). As adopted by both houses in late July 2005, the conference report to H.R. 2985 (H.Rept. 109-189) included the "continuity in representation" provision. On June 30, 2005, the Senate passed H.R. 2985, with amendments, by unanimous consent, and asked for a conference with the House. During a markup held June 23 by the Subcommittee on Legislative Branch of the Senate Committee on Appropriations, the subcommittee, by a voice vote, recommended that the Senate strike Title III of the measure, providing for expedited special elections to replace members of the House of Representatives when 100 or more of the seats in the House are vacant due to "extraordinary circumstances.' | |||
| RS22067 (PDF, TXT) | House Vacancies: Proposals for Filling Them After the Death or Injury of Large Numbers of Members, 2005-2006 | Sula P. Richardson and Paul Rundquist, Government and Finance Division | August 9, 2005 |
| Since the September 11, 2001 terrorist attacks and the anthrax incidents that happened shortly thereafter, debate on how best to preserve an effective and representative House of Representatives in time of crisis has continued. At issue are (1) how to quickly replace large numbers of Members who are killed or incapacitated in a catastrophic event without sacrificing a House kept close to the people; and (2) what vehicle to use, i.e., whether to amend the constitution, enact new federal law, or modify House rules. During the 109th Congress, the House has passed a measure requiring states to hold expedited special elections in extraordinary circumstances twice - first (on March 3, 2005) as the Continuity in Representation Act of 2005 (H.R. 841), and later (on June 22, 2005) as a provision (Title III) in the FY2006 legislative branch appropriations bill (H.R. 2985). The Senate took no action on H.R. 841 and passed (June 30, 2005) its version of H.R. 2985, which did not include the provision for expedited special House elections in times of crisis. As adopted by both houses in late July 2005, the conference report to H.R. 2985 (H.Rept. 109-189) included the "continuity in representation" provision. The President signed H.R. 2985 on August 2, 2005 (P.L. 109-55). Three proposed constitutional amendments relating to congressional succession or continuity of Congress (H.J.Res. 26, H.J.Res. 49, and S.J. Res. 6) have also been introduced and referred to committee. | |||
| RL33030 (PDF, TXT) | The Budget Reconciliation Process: House and Senate Procedures | Robert Keith and Bill Henniff, Jr., Government and Finance Division | August 10, 2005 |
| Following an introduction that provides an overview of the reconciliation process and discusses its historical development, this report explains the process in sections dealing with the underlying authorities, reconciliation directives in budget resolutions, initial consideration of reconciliation measures in the House and Senate, resolving House-Senate differences on reconciliation measures, and presidential approval or disapproval of such measures. The text of two relevant sections of the Congressional Budget Act of 1974 (Sections 310 and 313) is set forth in the appendices, along with a list of other Congressional Research Service products pertaining to reconciliation procedures. | |||
| RL33031 (PDF, TXT) | Native American Graves Protection and Repatriation Act (NAGPRA): Legal and Legislative Developments | Douglas Reid Weimer, American Law Division | August 10, 2005 |
| Currently pending legislation, S. 536, the Native American Omnibus Act of 2005, would amend NAGPRA. Section 108 would amend the definition of "Native American," within the context of NAGPRA, so as to include a tribe, people, or a culture, that is or was indigenous to the United States (italics added). It would further amend NAGPRA to include the phrase "any geographic area that is now located within the boundaries of" the United States. If enacted, it is not certain what precise impact this amendment may have on the disposition of the Kennewick Man and on the disposition of other ancient human remains which may be discovered in the future. However, if enacted, the amendment may bring such remains into the purview of NAGPRA. The Senate Committee on Indian Affairs held a hearing on S. 536 on July 28, 2005. The statutory provisions of NAGPRA and the related regulations are outlined below. The factual circumstances concerning the discovery and custody of the Kennewick Man are summarized and the litigation and its conclusions are analyzed. Currently pending legislation, and its possible impact on the application of NAGPRA are considered. | |||
| RS22196 (PDF, TXT) | USA PATRIOT Act Reauthorization Proposals and Related Matters in Brief | Charles Doyle, American Law Division | August 11, 2005 |
| 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, the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 on July 21, 2005, 151 Cong. Rec. H6307. The Senate passed the Judiciary Committee reported S. 1389, the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, without amendment, on July 29, 2005, 151 Cong. Rec. S9559-562. S. 1389 makes permanent all of the expiring USA PATRIOT Act provisions except for sections 206 (roving FISA wiretaps) and 215 (FISA tangible item orders) whose expiration along with that of the lone wolf amendment it postpones until December 31, 2009. H.R. 3199 takes much the same approach but postpones expiration of sections 206 and 215 until December 31, 2015, makes the lone wolf amendment and the "material support" amendments permanent. Each of the bills amends section 215, the so-called FISA library or business record section, as well as some of the sections they make permanent. Each addresses concerns relating to the use of national security letters. H.R. 3199 alone deals with a wide array of proposals ranging from first responder grants through port security and terrorist penalty enhancements to confiscation expansions. Related CRS Reports include CRS Report RL33027, USA PATRIOT Act: Background and Comparison of House- and Senate-Approved Reauthorization and Related Legislative Action; CRS Report RL32186, USA PATRIOT Act Sunset: Provisions That Expire on December 31, 2005; CRS Report RS21441, Libraries and the USA PATRIOT Act); CRS Report RL32907, Security and Freedom Ensured Act (SAFE Act) (H.R. 1526) and Security and Freedom Enhancement Act (SAFE Act)(S. 737): Section by Section Analysis; CRS Report RL30465, Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions; and CRS Report RL32880, Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments. | |||
| RL33029 (PDF, TXT) | Loss-of-Damages From U.S. Nuclear Testing in the Marshall Islands: Technical Analysis of the Nuclear Claims Tribunal's Methodology and Alternative Estimates | Salvatore Lazzari, Resources, Science, and Industry Division | August 12, 2005 |
| Key oversight committees in the 109th Congress have held joint hearings on the Republic of the Marshall Islands (RMI) Changed Circumstances Petition, which requests $522 million in additional compensation for loss-of-use of Enewetak and Bikini atolls due to U.S. nuclear testing. The $522 million appears to be significantly overstated because the methodology - sample rent data, assumptions, and statistical procedures (i.e., the sampling technique and the use of the exponential regression model) - overestimates the per-acre rental rate for land on Enewetak and Bikini, the key variable in the loss-of-use calculation. | |||
| RS22192 (PDF, TXT) | Unocal: Legal Implications of Acquisition Bids by Chevron Corp. and China National Offshore Oil Corporation | Janice E. Rubin and Michael V. Seitzinger, American Law Division | August 16, 2005 |
| 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 Department of Justice in order to assess a transaction's likely effect on competition within the United States. If the merger partner or acquiring party is a non- U.S. entity, the Committee on Foreign Investment in the United States (CFIUS) may monitor and evaluate the impact of the proposed transaction and determine whether the acquisition implicates national security issues. If the President determines that national security is threatened by the acquisition, he may suspend or prohibit the acquisition. This report will set out, briefly, the background and conclusion of the competing bids for Unocal, the mechanics of the review processes, and present some Congressional reaction to the situation. On August 2, 2005, CNOOC withdrew its bid for Unocal, and on August 10, 2005, Unocal shareholders approved the acquisition by Chevron. | |||
| RL33033 (PDF, TXT) | Intelligence Reform Implementation at the Federal Bureau of Investigation: Issues and Options for Congress | Alfred Cumming, Foreign Affairs, Defense, and Trade Division; and Todd Masse, Domestic Social Policy Division | August 16, 2005 |
| This report examines the Federal Bureau of Investigation's (FBI's) intelligence program and its reform. While the report serves as an update of the FBI's efforts in these areas, a substantial part of its focus is on the implementation on the FBI's intelligence reform in the field. An important question is whether intelligence policy designed by senior level Intelligence Directorate personnel at FBI headquarters, with field input, has been accepted, adopted and implemented within the FBI's field structure. The report covers a number of issues of interest to Congress relating to how well the FBI is progressing with its reform efforts. The report also outlines the advantages and disadvantages of several congressional options to make further changes to the FBI's intelligence program. Finally, a number of appendices concerning contextual issues surrounding FBI intelligence reform are provided. | |||
| RL33063 (PDF, TXT) | Intellectual Property and Collaborative Research | John R. Thomas, Resources, Science, and Industry Division | August 16, 2005 |
| This report reviews intellectual property laws and policies governing collaborative research. First, it reviews the increasing tendency towards joint research in high-technology fields. After providing the fundamentals of patent law and innovation policy, the report then reviews the detailed rules of patent law as applied to collaborative research. The report next surveys issues concerning the patent law standards for joint inventorship and joint ownership, and provides some concluding observations. | |||
| RS22224 (PDF, TXT) | Capital Punishment: Selected Opinions of Justice O'Connor | Alison M. Smith, American Law Division | August 17, 2005 |
| An examination of Justice O'Connor's opinions on capital punishment reveals a case-by-case approach showing a general support for the death penalty's constitutionality. However, the opinions also reveal a careful review of the administration of the death penalty by the States. Justice O'Connor's evolving skepticism about capital punishment has played a significant role in many key decisions regarding the death penalty throughout her twenty-four years on the United States Supreme Court. This report surveys selected decisions of retiring Justice Sandra Day O'Connor in death penalty cases, an area where her opinions have frequently determined the outcome. | |||
| RL33038 (PDF, TXT) | Al Qaeda: Profile and Threat Assessment | Kenneth Katzman, Foreign Affairs, Defense, and Trade Division | August 17, 2005 |
| This report analyzes the threat to U.S. security posed by the Al Qaeda organization. The State Department's report on international terrorism for 2004 deems the organization as "the most prominent component" of a global movement of Islamic militants that has "adopted the ideology and targeting strategies of [Al Qaeda founder Osama] bin Laden and other senior Al Qaeda leaders." This report does not analyze all Al Qaeda-inspired movements worldwide, but it does address Al Qaeda's relationship with some of its known affiliates. | |||
| RS21565 (PDF, TXT) | The Middle East Television Network: An Overview | Jeremy M. Sharp, Foreign Affairs, Defense, and Trade Division | August 17, 2005 |
| With the United States engaged in Iraq, Afghanistan, and the war on terrorism, Congress and the Bush Administration have created a U.S. government-sponsored Arabic-language television station to bolster U.S. public diplomacy efforts in the Middle East. Supporters of this initiative have asserted that there is a receptive audience for U.S. television, which could counterbalance negative perceptions of U.S. policy that are commonly found in the Arab media. Critics maintain that the Arab media market is already saturated with Western stations and that U.S. public diplomacy funds would be more effectively used in other programs. According to the 9/11 Commission Report, "the government has begun some promising initiatives in television and radio broadcasting to the Arab world, Iran, and Afghanistan. These efforts are beginning to reach large audiences. The Broadcasting Board of Governors has asked for much larger resources. It should get them." The Administration has requested $79 million for FY2006, a figure that incorporates operations for the satellite television network Al- Hurra (Arabic for "the free one"), which began broadcasting in February 2004. For more information on U.S. public diplomacy in the Middle East, see CRS Report RL31889, The Al-Jazeera News Network: Opportunity or Challenge for U.S. Foreign Policy in the Middle East? | |||
| RS22225 (PDF, TXT) | The Americans with Disabilities Act: The Opinions of Justice O'Connor | Nancy Lee Jones, American Law Diision | August 18, 2005 |
| 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." 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 regarding the application of the Eleventh Amendment to the ADA. | |||
| RL33039 (PDF, TXT) | National Oceanic and Atmospheric Administration (NOAA): Resources for Responding to Disasters and its Role in Homeland Security | Wayne A. Morrissey, Knowledge Services Group | August 18, 2005 |
| Congress is considering legislation to establish a single permanent authority for NOAA, which is currently authorized by over 200 individual laws. Proponents of a single authority, or a NOAA organic act, have suggested that dedicated emergency funds, in addition to annual appropriations, could help NOAA respond more effectively to terrorist acts and other disasters without impeding its operations or interrupting scientific research activities. Opponents of a dedicated funding stream say that reprogramming budget authority, when needed, has worked thus far. | |||
| RL32925 (PDF, TXT) | Electric Utility Provisions in House-Passed H.R. 6, 109th Congress | Amy Abel, Resources, Science, and Industry Division | Updated August 18, 2005 |
| This report describes Title XII of the House-passed H.R. 6 in the 109th Congress and other sections that deal with electric power issues. In part, Title XII would create an electric reliability organization (ERO) that would enforce mandatory reliability standards for the bulk-power system. All ERO standards would be approved by the Federal Energy Regulatory Commission (FERC). Under this title, the ERO could impose penalties on a user, owner, or operator of the bulk-power system that violates any FERC-approved reliability standard. This title also addresses transmission infrastructure issues. The Secretary of Energy would be able to certify congestion on the transmission lines and issue permits to transmission owners. Permit holders would be able to petition in U.S. district court to acquire rights-of-way for the construction of transmission lines through the exercise of the right of eminent domain. A provision that would have required FERC to approve participant funding for new transmission lines was removed in markup by the House Committee on Energy and Commerce. | |||
| RL32728 (PDF, TXT) | Electric Utility Regulatory Reform: Issues for the 109th Congress | Amy Abel, Resources, Science, and Industry Division | August 18, 2005 |
| On April 24, 1996, the Federal Energy Regulatory Commission (FERC) issued Orders 888 and 889. FERC issued these rules to remedy undue discrimination in transmission services in interstate commerce and provide an orderly and fair transition to competitive bulk power markets. Order 2000, issued December 20, 1999, established criteria for forming transmission organizations. Comprehensive electricity legislation may involve several components. The first is PUHCA reform. Some electric utilities want PUHCA changed so they can more easily diversify their assets. State regulators have expressed concerns that increased diversification could lead to abuses, including cross-subsidization. Consumer groups have expressed concern that a repeal of PUHCA could exacerbate market power abuses in a monopolistic industry where true competition does not yet exist. The second issue is PURPA's requirement that utilities purchase power from QFs. Many investor-owned utilities support repeal of these mandatory purchase provisions. They argue that their state regulators' "misguided" implementation of PURPA has forced them to pay contractually high prices for power that they do not need. Opponents of this legislation argue that it would decrease competition and impede development of renewable energy. The third main issue is reliability. Without mandatory and enforceable reliability standards, proponents argue that reliability of the electric power system will not be at acceptable levels. Opponents say these standards are unnecessary. | |||
| RS22227 (PDF, TXT) | Property Rights "Takings": Justice O'Connor's Opinions | Robert Meltz, American Law Division | August 19, 2005 |
| 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 law. Rather she preferred an ad hoc case-by-case approach, as embodied in the Penn Central test for regulatory takings, whose current dominance she helped to establish. The remainder of the report reviews her takings-related writings for the Court. | |||
| RL33044 (PDF, TXT) | Japan's Free Trade Agreement Program | Raymond J. Ahearn, Foreign Affairs, Defense, and Trade Division | August 22, 2005 |
| Japan's FTA program, assuming the current cautious and defensive course persists, is likely to have varied effects on U.S. interests. On the one hand, it is likely to provide a positive, yet small, boost to increasing Japan's role in the economics and political economy of East Asia. It is also likely to be favorable to bilateral trade ties as other Asian trading partners (instead of just the United States) pressure Japan to open its agricultural market further. On the other hand, the absence of a meaningful agricultural reform bodes poorly for support from Japan in the agricultural negotiations of the Doha Round. There are also concerns that a defensive and weak FTA program could allow China to play a more dominant role in the Asian economy through its own FTA program - perhaps even creating a exclusionary Asian trading bloc. | |||
| RL30850 (PDF, TXT) | Minority Rights and Senate Procedures | Judy Schneider, Government and Finance Division | August 22, 2005 |
| The rules of the Senate emphasize the rights and prerogatives of individual Senators and, therefore, minority groups of Senators. The most important of these rules allows unlimited debate on a bill or amendment unless an extraordinary majority votes to invoke cloture. Senators can use their right to filibuster, and simply the threat of a filibuster, to delay or prevent the Senate from even considering a bill they oppose. The Senate's rules also are a source of other minority rights, including the right to propose non-germane amendments to most bills and to prevent bills from being referred to committees that might not consider and report them. | |||
| RS22226 (PDF, TXT) | Summary and Analysis of Provisions of H.R. 2412, the Special Interest Lobbying and Accountability Act of 2005 | Jack Maskell, American Law Division | Updated August 23, 2005 |
| This report provides a summary and brief analysis of the provisions of H.R. 2412, entitled the Special Interest Lobbying and Ethics Accountability Act of 2005. The provisions of H.R. 2412, as introduced, address four general areas of federal law and congressional rules dealing with ethics and lobbying. Initially, the bill amends the federal Lobbying Disclosure Act of 1995 to extend the information required to be disclosed by professional lobbyists and to facilitate the public accessability to those reports and disclosures. Secondly, the legislation extends the so-called "cooling off" period of the "revolving door" law to restrict certain lobbying contacts by senior Government officials and Members of Congress for two years after leaving the Government, and requires Members of Congress to publicly disclose current negotiations for future employment. The legislation also seeks to amend internal congressional rules on officially-related travel by Members, officers and employees paid for by outside, private third parties by increasing disclosure and requiring more diligence by Members and staff concerning the permissible source of private funding for such trips. Finally, the legislation would criminalize attempts by Members, officers or employees of Congress to influence certain private or public employment decisions on the basis of party affiliation and would also change internal congressional rules to expressly prohibit the taking, or threatening to take or withhold, official action on the basis of one's partisan affiliation or campaign support or contributions. | |||
| RL32630 (PDF, TXT) | Upper Mississippi River System: Proposals to Restore an Inland Waterways Ecosystem | Kyna Powers and Nicole T. Carter, Resources, Science, and Industry Division | August 24, 2005 |
| This report describes the context for the congressional decision to authorize ecosystem restoration investments. First, the report provides a brief introduction and explains the ecosystem change of the UMRS. Second, it reviews the Corps preferred and alternative plans, including the Corps preferred 50-year plan, alternative 50-year plans, and the first 15-year increment. Last, this report presents key aspects of the debate over the congressional authorization of an ecosystem restoration effort, including the magnitude and cost, cost-share, scope, and linkage between ecosystem restoration and navigation investments. | |||
| RL33049 (PDF, TXT) | FY2006 Appropriations for Border and Transportation Security | Jennifer E. Lake and Blas Nunez-Neto, Domestic Social Policy Division | August 24, 2005 |
| Increasing border and transportation security are essential strategies for improving and maintaining homeland security. Border security entails regulating the flow of goods and people across the nation's borders so that dangerous and unwanted goods or people are detected and denied entry. Transportation security entails screening and protecting people and goods as they move between different locations within the country. Determining which goods and people are permitted and which are denied entry into the United States involves a system of sophisticated border management. This system must balance the need for securing the nation's borders with facilitating the essential commerce and legitimate free flow of citizens and authorized visitors. The system must be capable of a detailed examination of the goods and people seeking entry, but must still fit within budgetary constraints and be administratively feasible. Improving transportation security has meant an expanded federal role in screening passengers and baggage traveling through airports and also increasing the presence of federal officers aboard domestic and international flights. Plans exist to expand the presence of federal officers in other modes of transportation. Finally, these management systems must accomplish their functions with a minimum of disruption of legitimate activities, and without unnecessary intrusion into the civil liberties of persons affected by them. | |||
| RS21156 (PDF, TXT) | Federal Voting Systems Standards and Guidelines: Congressional Deliberations | Eric A. Fischer, Resources, Science, and Industry Division | August 24, 2005 |
| 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 perform a study on the VSS was enacted in 1979. The study was released in 1984. The VSS themselves were approved in 1990. They were developed for both hardware and software and included functional and documentation requirements, performance characteristics, and testing procedures. A certification program was established in 1994 by National Association of State Election Directors (NASED). It used independent testing authorities (ITAs) to evaluate hardware and software. Most states have adopted the VSS in whole or in part. Some may nevertheless have older voting systems in use that have not been certified, such as paper ballots, lever machines, and some older computer-based systems. An update of the VSS was completed in 2002. The Help America Vote Act of 2002 (HAVA, P.L. 107-252) codified the standards, now called guidelines, and provides a mechanism for regular updating of them by the Election Assistance Commission (EAC) established by the act. The EAC is also responsible for administering voluntary certification of voting systems by independent testing laboratories, replacing the NASED program. HAVA also gives the National Institute of Standards and Technology (NIST) a substantial advisory role in the development of the VVSG and accreditation of testing laboratories. See also CRS Report RS20898, Elections Reform: Overview and Issues. | |||
| RL33047 (PDF, TXT) | Restrictions on the Accesptance of "Officially Connected" Travel Expenses From Private Sources Under House and Senate Rules | Jack Maskell, American Law Division | August 24, 2005 |
| This report discusses the statutory and congressional rule structure under which Members of the House and Senate, under an exception to the gift Rules, may generally accept from some private sources , other than 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 factfinding trips, conferences or symposia, under certain circumstances and limitations. | |||
| RS22229 (PDF, TXT) | Average Marginal Income Tax Rates by Adjusted Gross Income and Filing Status | Steven Maguire, Government and Finance Division | August 25, 2005 |
| This report presents average marginal income tax rates by filing status and detailed adjusted gross income (AGI) class for the 2001 tax year, the most recent year for which data are available. The source of data is the 2001 Internal Revenue Service (IRS) public use micro-sample. A general finding is that the average marginal tax rates by filing status begin to converge with AGI above $75,000. Below that amount, married taxpayers filing joint returns had significantly lower average marginal tax rates. | |||
| RS22231 (PDF, TXT) | The Acceptance of Gifts of Free Meals by Members of Congress | Jack Maskell, American Law Division | August 26, 2005 |
| 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 accept free meals offered by private individuals under express exceptions in the congressional rules. The most common exceptions to the gifts prohibitions are for gifts of de minimis value (under $50); the exception for gifts from and between family members; gifts made on the basis of a "personal friendship"; personal hospitality at the home of an individual; or meals which are part of a permissible event attended by the Member or employee. Gifts from those who are lobbyists, foreign agents, or who otherwise have an interest in congressional business are of particular concern and require the exercise of the most caution under House and Senate Rules. The House Committee on Standards of Official Conduct has noted, for example, that under the socalled "personal friendship" exemption "where a Member or staff person is offered a gift by a lobbyist or someone else who has interests before Congress and either ... the gift is not paid for personally, or there has not been reciprocal gift giving, the official should not accept the gift on the basis of the personal friendship provision." | |||
| RL33048 (PDF, TXT) | Marine Security of Hazardous Chemical Cargo | Paul W. Parfomak and John Frittelli, Resources, Science, and Industry Division | August 26, 2005 |
| This report provides an overview of hazardous chemicals marine transportation in the United States. The report discusses the general risks from such marine transportation in the homeland security context. It focuses on many of the hazardous chemicals with the greatest potential to affect the public in a terrorist attack and the marine vessels that carry such chemicals. It summarizes federal statistics on the hazardous chemical marine shipments in U.S. waters, including shipment volumes by type of chemical and port location. It provides a brief overview of relevant U.S. maritime security regulation. It raises security policy issues associated with these shipments, including risk uncertainties, security resources, and security effectiveness. The report concludes with a discussion of marine chemicals security as part of the nation's overall chemical security strategy. | |||
| RL33051 (PDF, TXT) | Conventional Arms Transfers to Developing Nations, 1997-2004 | Richard F. Grimmett, Foreign Affairs, Defense, and Trade Division | August 29, 2005 |
| This report is prepared annually to provide unclassified quantitative data on conventional arms transfers to developing nations by the United States and foreign countries for the preceding eight calendar years. Some general data are provided on worldwide conventional arms transfers, but the principal focus is the level of arms transfers by major weapons suppliers to nations in the developing world. | |||
| RL33055 (PDF, TXT) | China and Sub-Saharan Africa | Raymond W. Copson, Kerry Dumbaugh, and Michelle Lau, Foreign Affairs, Defense, and Trade Division | August 29, 2005 |
| This report reviews China's economic and political initiatives in Africa, giving special attention to China's relations with key partners, including Sudan, Nigeria, and Angola. It then examines the debate over the implications of China's growing role for the United States, and the appropriate U.S. response. | |||
| RS21488 (PDF, TXT) | Navy-Marine Corps Tactical Air Integration Plan: Background and Issues for Congress | Christopher Bolkcom and Ronald O'Rourke, Foreign Affairs, Defense, and Trade Division | August 29, 2005 |
| 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. | |||
| RL32811 (PDF, TXT) | Republic of the Marshall Islands Changed Circumstances Petition to Congress | Thomas Lum, Foreign Affairs, Defense, and Trade Division; Kenneth Thomas, American Law Division; C. Stephen Redhead, Domestic Social Policy Division; and David Bearden, Mark Holt, and Salvatore Lazzari, Resources, Science, and Industry Division | August 30, 2005 |
| This report summarizes U.S. nuclear testing on the Marshall Islands, U.S. compensation efforts to date, relevant provisions in the Compact of Free Association, and the Changed Circumstances Petition. It analyzes several issues related to the personal injury, health care, and property damages claims in the Petition. These issues include estimated occurrence of radiation-related illnesses in the Marshall Islands; the methodology for determining the value of "lost use" of damaged properties; the appropriate standard of risk (annual dose limit) for determining cleanup levels; and the extent of radioactive fallout. This report discusses possible legal options for the RMI in pursuing nuclear test damages claims and suggests policy options for the 109th Congress. | |||
| RL32819 (PDF, TXT) | Legislative Branch: FY2006 Appropriations | Paul E. Dwyer, Government and Finance Division | August 30, 2005 |
| This report is a guide to the regular appropriations bills that Congress considers each year. It is designed to supplement the information provided by the House Committee on Appropriations and Senate Subcommittee on Legislative Branch of the Senate Committee on Appropriations. It summarizes the current legislative status of the bill, its scope, major issues, funding levels, and related legislative activity. The report lists the key CRS staff relevant to the issues covered and related CRS products. | |||
| RL33061 (PDF, TXT) | Homeland Security and House Committees: Analysis of 109th Congress Jurisdiction Changes and Their Impact on the Referral of Legislation | Michael L. Koempel and Judy Schneider, Government and Finance Division | August 30, 2005 |
| This report analyzes 828 bills and joint resolutions that were introduced in the 109th Congress through May 26, 2005, and that concerned subject matter included in the rules changes and the Legislative History. Additional criteria pertained to the identification of legislation for the analysis, as explained in the report. A committeeby- committee analysis shows the impact of rules changes on referrals of legislation to specific committees. An analysis of subject-matter jurisdiction, including a comparison to the referral of related measures in the 108th Congress, shows the impact on the referral of specific subject matter. | |||
| RL32259 (PDF, TXT) | Terrorism in South Asia | K. Alan Kronstadt and Bruce Vaughn, Foreign Affairs, Defense, and Trade Division | August 31, 2005 |
| This report reviews the terrorist environment in South Asia, concentrating on Afghanistan, Pakistan, and India, but also including Bangladesh, Sri Lanka, and Nepal. With U.S.-led counterterrorism efforts focused especially on Southwest Asia, the existence of international terrorist groups and their supporters in South Asia is identified as a threat to both regional stability and to the attainment of central U.S. policy goals. | |||
| RL32581 (PDF, TXT) | Supplemental Appropriations for the 2004 Hurricanes and Other Disasters | Keith Bea, Government and Finance Division; and Ralph M. Chite, Resources, Science, and Industry Division | September 1, 2005 |
| President Bush signed the Military Construction Appropriations Act, FY2005 (H.R. 5212, P.L. 108-324) on October 13, 2004. Division B of the statute comprises the Emergency Supplemental Appropriations for Hurricane Disasters Assistance Act, FY2005, which appropriated an estimated $14.5 billion for disaster assistance. The President's approval followed weeks of debate over four supplemental appropriations requests submitted to Congress after a series of hurricanes struck Florida and other states in August and September. Prior to approval of H.R. 5212, the 108th Congress had expeditiously enacted legislation (H.R. 5005) on September 6 that appropriated $2 billion for disaster relief needed in the immediate aftermath of Hurricanes Charles and Frances; the President signed the legislation (P.L. 108-303) on September 7. Another active Atlantic hurricane season has been experienced in 2005, climaxing with the devastation caused by Hurricane Katrina when it struck the Gulf states on August 29, 2005. As the 109th Congress deliberates the federal response to Hurricane Katrina, assistance similar to that provided following the 2004 hurricanes, and described in this report, might be considered. | |||
| RL33059 (PDF, TXT) | Proper Scope of Questioning of Supreme Court Nominees: The Current Debate | Denis Steven Rutkus, Government and Finance Division | September 1, 2005 |
| The issue of appropriate areas of questioning will likely be revisited on September 6, 2005, when the Senate Judiciary Committee is set to begin confirmation hearings on the nomination of appellate court judge John G. Roberts, Jr., to succeed retiring Associate Justice Sandra Day O'Connor. Various members of the committee have notified the nominee of their intention to question him at the hearings regarding his views on a wide range of legal and constitutional issues and on the soundness of past Supreme Court rulings. Unwillingness by Judge Roberts to be forthcoming in answering their questions, they have said, might prompt them to vote against confirmation. In hearings before the Judiciary Committee in 2003 on his nomination to be a U.S. appellate court judge, Roberts (then a private attorney) declined, in response to repeated requests by some Senators on the committee, to critique past Court rulings and disclose personal views about various topical legal and constitutional issues. He has not indicated whether he will take a similar stance in responding to Senators' questions at hearings on his Supreme Court nomination. | |||
| RL33057 (PDF, TXT) | Surface Transportation Reauthorization: Environmental Issues and Legislative Provisions in SAFETEA-LU (H.R. 3) | Linda Luther, Resources, Science, and Industry Division | September 1, 2005 |
| This report focuses on environmental provisions of SAFETEA that may impact federal funding or delivery of surface transportation programs or projects. Specifically, this report addresses legislative provisions that will change how DOT complies with elements of NEPA and the Clean Air Act. Current requirements of each law sufficient to understand the provisions of SAFETEA are discussed. Also included is an overview of selected environmental provisions that create new or make changes to existing programs or procedures that are intended to mitigate or minimize the environmental impacts of surface transportation programs. | |||
| RS22234 (PDF, TXT) | Homeland Security: Protecting Airspace in the National Capital Region | Bart Elias, Resources, Science, and Industry Division | September 1, 2005 |
| 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 has pushed for an easing of restrictions on GA aircraft at Ronald Reagan Washington National Airport (DCA) and nearby GA airports through legislation and oversight. However, a few high profile airspace breaches have prompted some in Congress to seek stiffer penalties for violators and mandatory training for pilots (see H.R. 3465). Better pilot training and technologies to improve pilot situational awareness may help curtail inadvertent airspace violations that complicate surveillance and protection efforts. Further assessment of airspace design and special flight procedures around Washington, DC, may be undertaken to determine whether an appropriate balance exists between homeland security and defense requirements and air commerce and safety. | |||
| RS22237 (PDF, TXT) | Trade Promotion (Fast-Track) Authority in the Trade Act of 2002 | Lenore Sek, Foreign Affairs, Defense, and Trade Division | September 2, 2005 |
| 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 a number of ongoing trade negotiations. | |||
| RS21777 (PDF, TXT) | Alabama Emergency Management and Homeland Security Statutory Authorities Summarized | Keith Bea, L. Cheryl Runyon, and Kae M. Warnock, Government and Finance Division | September 2, 2005 |
| This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the more significant elements of state statutes, generally as codified. | |||
| RL32678 (PDF, TXT) | Louisiana Emergency Management and Homeland Security Authorities Summarized | Keith Bea, L. Cheryl Runyon, and Kae M. Warnock, Government and Finance Division | September 2, 2005 |
| This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the more significant elements of state statutes, generally as codified. | |||
| RL32316 (PDF, TXT) | Mississippi Emergency Management and Homeland Security Authorities Summarized. | Keith Bea, L. Cheryl Runyon, and Kae M. Warnock, Government and Finance Division | September 2, 2005 |
| This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the more significant elements of state statutes, generally as codified. | |||
| RL33015 (PDF, TXT) | Mexican Workers in the United States: A Comparison with Workers from Social Security Totalization Countries | Alison Siskin and Gerald Mayer, Domestic Social Policy Division | September 6, 2005 |
| This report concludes that the Mexican population in the United States has a different socio-economic profile than both U.S. citizens and persons (both naturalized U.S. citizens and noncitizens) from current totalization countries. Workers from totalization countries tend to have more education and higher earnings than workers born in the United States or in Mexico. Noncitizens from Mexico tend to be younger and have higher labor force participation rates than naturalized U.S. citizens from Mexico, and other U.S. citizens. In addition, Mexican noncitizens and naturalized U.S. citizens from Mexico in the U.S. labor force tend to have more dependents in their U.S. households. Because Mexican workers may have lower lifetime earnings, they may receive a higher replacement rate, relative to the payroll taxes they pay, than workers with higher lifetime earnings, such as U.S. citizens and noncitizens from the totalization countries. | |||
| RS22242 (PDF, TXT) | Tax Reform and the Goal of Revenue Neutrality | Gregg Esenwein, Government and Finance Division | September 7, 2005 |
| The President's Advisory Panel on Tax Reform has been tasked to issue a report with revenue neutral policy options for reforming the federal Internal Revenue Code. The executive order establishing the Advisory Panel specifies neither the baseline nor the time horizon for achieving revenue neutrality. If the Advisory Panel uses current law (the CBO revenue baseline) as its benchmark for revenue neutrality, then the reform proposal will have to raise taxes relative to their current levels by $2.3 trillion over the next 10 years. However, using current law as its benchmark is problematic because current law does not fully take into account anticipated or possible changes to the tax system. If the Advisory Panel includes the effects of these possible changes to the tax system in its baseline for determining revenue neutrality, then its 10-year revenue target would be substantially lower than under the CBO baseline. But relative to the CBO baseline, under this benchmark, the deficit could increase by approximately $2.6 trillion over the next 10 years. The Advisory Panel has indicated that it plans to recommend repeal of the alternative minimum tax (AMT) for individuals as part of its reform options. Unless the revenue loss from the AMT were fully replaced, the deficit would increase considerably over the next 10 years compared to the CBO baseline. In addition, if the Advisory Panel chooses a five-year time horizon as a benchmark for revenue neutrality, then it would significantly understate the potential long-run (beyond 2010) costs of tax reform. | |||
| RL33064 (PDF, TXT) | Organization and Mission of the Emergency Preparedness and Response Directorate: Issues and Options for the 109th Congress | Keith Bea, Government and Finance Division | September 7, 2005 |
| This report provides background information on matters relevant to the proposal to eliminate EPR, shift the remaining preparedness functions to a new directorate, and refocus FEMA's mission solely to consequence management. Because the 2SR initiative makes no mention of the effect of the proposal on FEMA's hazard mitigation efforts, this report suggests that this is an issue that Congress might elect to investigate. This report provides information on the authorities and missions of EPR and reviews actions taken since the establishment of DHS to modify the directorate's functions. In addition, the report examines the homeland security and emergency management authorities that Congress has assigned to federal entities other than DHS. It presents as comprehensive a picture as possible of relevant authorities and administrative issues. The report concludes with options that Congress might elect to consider as it evaluates the merits of Secretary Chertoff's 2SR proposal. | |||
| RL33066 (PDF, TXT) | Selected Opinions of Chief Justice Rehnquist | Kenneth R. Thomas and Todd B. Tatelman, American Law Division | September 7, 2005 |
| William H. Justice Rehnquist, appointed to the Supreme Court by President Richard M. Nixon, joined the United States Supreme Court as an associate Justice in 1972. In 1986, President Ronald Reagan nominated him to replace Chief Justice Warren Burger, a position to which he was confirmed by the Senate by a vote of 65 to 33. When Chief Justice Rehnquist died on September 3, 2005, he had served 33 years on the Court. William H. Rehnquist had a significant influence over a number of issues during his years on the Supreme Court. While he is most often associated with the Court's renewed interest in federalism, he also made significant contributions in a number of other areas, including separation of powers, church-state, criminal law, equal protection and due process. While he was often a lone dissenter early in his career, his influence grew as the composition of the Court changed, and as he persuaded other Justices of the merits of his position, many of his views gained ascendancy. | |||
| RL31978 (PDF, TXT) | Emergency Preparedness and Continuity of Operations (COOP) Planning in the Federal Judiciary | R. Eric Petersen, Government and Finance Division | September 8, 2005 |
| This report discusses actions taken by the Administrative Office of the United States Courts (AOUSC) following the September 11 attacks, and describes expectations for emergency preparedness and continuity of operations (COOP) plans in the judiciary. Other sections address issues and policy questions Congress might consider, including matters of the status of judicial emergency and COOP preparedness, and funding for future policy and oversight questions regarding judicial contingency planning. | |||
| RS22248 (PDF, TXT) | Federal Disaster and Emergency Assistance for Water Infrastructure Facilities and Supplies | Claudia Copeland, Mary Tiemann, and Nicole T. Carter, Resources, Science, and Industry Division | September 9, 2005 |
| 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 that can provide emergency assistance to repair and restore drinking water, wastewater, and related water infrastructure systems and facilities. This report offers information on federal programs that can provide emergency drinking water, wastewater, and related assistance. These include the Public Assistance grant program (Federal Emergency Management Agency), Emergency and Imminent Community Water Assistance Grant Program and Emergency Watershed Protection Program (U.S. Department of Agriculture), Drinking Water Emergency Assistance (Environmental Protection Agency), and flood control and coastal emergency response (Department of Defense, Army Corps of Engineers). (For a review of other federal water assistance programs, see CRS Report RL30478, Federally Supported Water Supply and Wastewater Treatment Programs.) | |||
| RL31594 (PDF, TXT) | Congressional Continuity of Operations (COOP): An Overview of Concepts and Challenges | R. Eric Petersen, Government and Finance Division; and Jeffery W. Seifert, Resources, Science and Industry Division | September 9, 2005 |
| This report discusses the circumstances surrounding COOP planning, including provisions for alternative meeting sites and methods for conducting House and Senate meetings and floor sessions when Capitol facilities are not available. | |||
| RS22250 (PDF, TXT) | Hurricane Katrina: Activities of the Social Security Administration | Scott Szymendera, Domestic Social Policy Division | September 9, 2005 |
| Shortly after Hurricane Katrina hit Alabama, Louisiana, and Mississippi, the Social Security Administration (SSA) implemented procedures to assist affected beneficiaries. These procedures are designed to ensure an uninterrupted stream of retirement, disability and survivors benefits as well as Supplemental Security Income (SSI) benefits during the immediate aftermath of this crisis. This report will outline these procedures and also discuss SSA procedures after September 11, 2001, to facilitate new disability, SSI, survivors, and death benefit applications. This report provides links to additional information from SSA and other federal agencies. Because | |||
| RL32179 (PDF, TXT) | Manufacturing Trends: Long-Term Context for Today's Policy Issues | Stephen Cooney, Bernard A. Gelb, and Robert Pirog, Resources, Science, and Industry Division | September 9, 2005 |
| Members of Congress have become increasingly concerned about a perceived decline in U.S. manufacturing, particularly as it may affect employment levels in their states or districts. For two years after the economy emerged from a relatively shallow recession in 2001, there was a continuing loss in manufacturing jobs. And even as the recovery progresses, many fear that new non-manufacturing jobs will not have the same relatively high levels of wages and benefits traditionally associated with manufacturing. By contrast, despite the recession of 2001, the level of real (inflation-adjusted) U.S. manufacturing output as of mid-2005 stood almost 30% higher than at a similar point after the recession of 1991, with about 2.5 million fewer manufacturing employees. This is more than three times real manufacturing output in 1960, when a comparable number of people were employed in manufacturing. | |||
| RL31769 (PDF, TXT) | Immigration: International Child Adoption | Alison Siskin, Domestic Social Policy Division | September 9, 2005 |
| This report examines the process by which American citizens adopt children from other countries, including the procedure for securing a visa so that the newly adopted child can immigrate to the United States. | |||
| RL32412 (PDF, TXT) | Arsenic-Treated Wood: Background and Overview | Michael M. Simpson, Resources, Science, and Industry Division | September 9, 2005 |
| Beginning on January 1, 2004, the EPA no longer allowed use of chromated copper arsenate (CCA) to preserve wood intended for most residential uses: play structures, decks, picnic tables, landscaping timbers, residential fencing, gazebos, patios, and walkways. Wood treated prior to that date may still be used in residential settings, and CCA-treated wood in extant built structures is not affected. Meanwhile, the wood preservative industry has voluntarily converted to preservatives for residential wood uses that do not contain arsenic. While the EPA "does not believe there is any reason to remove or replace CCA-treated structures," arsenic is a known carcinogen in humans and any reduction in the levels of potential exposure to arsenic is desirable; the agency is continuing study of the entire range of CCA uses. Disposal of extant CCA-treated wood, export and possible import of CCAtreated wood and wood products, determination of the best ways to reduce arsenic exposure from extant wood, and possible adverse effects from nonarsenic wood preservatives are continuing concerns. | |||
| RL32598 (PDF, TXT) | TANF Cash Benefits as of January 1, 2004 | Meridith Walters, Gene Balk, and Vee Burke, Domestic Social Policy Division | September 12, 2005 |
| This report describes cash assistance benefits paid to families by state TANF programs on January 1, 2004, with historical data to portray changes in benefit payments over time. It discusses the rules for determining eligibility and benefit amounts for a recipient who gets a job, showing the maximum amount of earnings a family may have and remain eligible for cash welfare. Finally, this report examines the interaction of TANF with two other federal benefit programs, food stamps and the earned income tax credit. The report shows total income available from these sources plus wages at various hours of weekly work, state by state. This report does not discuss nonfinancial eligibility rules in state TANF cash assistance programs nor does it cover eligibility rules for the wider range of TANF benefits and services provided to families. | |||
| RL33081 (PDF, TXT) | Colleges and Universities Attended by Senators of the 109th Congress | Mildred L. Amer, Government and Finance Division | Updated September 13, 2005 |
| This report identifies the colleges and universities attended by Senators serving in the 109th Congress. Where available in published sources, the degrees earned are also listed. | |||
| RL33080 (PDF, TXT) | Colleges and Universities Attended by Representatives of the 109th Congress | Mildred L. Amer, Government and Finance Division | September 13, 2005 |
| This report identifies the colleges and universities attended by Representatives, Delegates, and the Resident Commissioner in the 109th Congress, grouped by state. Where available in published sources, the degrees earned are also listed. | |||
| RS22260 (PDF, TXT) | The Macroeconomic Effects of Hurricane Katrina | Brian W. Cashell, Government and Finance Division | Updated September 13, 2005 |
| 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 affected region, and rebuilding begins, growth in the first half of 2006 is now expected to be more rapid than was previously forecast. | |||
| RS22257 (PDF, TXT) | Hurricane Katrina: Shipping Disruptions | John Frittelli, Resources, Science, and Industry Division | Updated September 13, 2005 |
| Hurricane Katrina damaged the nation's leading gateway for the import and export of many bulk materials. In addition to oil and gas suppliers, grain producers and the steel, chemical, and rubber industries are highly reliant on the ports along the Lower Mississippi River. While commercial shipping has been restored on a very limited basis, it is still uncertain when the region will be able to return to normal shipping operations. Obstacles to full operation include a lack of power, displaced port workers, missing channel buoys, and submerged debris in some ship channels. With the exception of one Gulf port, most ports suffered only minor damage to their terminal equipment. The extent of the damage, how soon normal port operations can resume, and which shippers in particular will have the hardest time adapting should the disruption continue for an extended period are of significant interest to Congress because these ports potentially affect the trade of 33 states that depend on the Mississippi River and its tributaries for shipping. | |||
| RS22261 (PDF, TXT) | Hurricane Katrina: The Response by the Internal Revenue Service | Erika Lunder, American Law Division | September 14, 2005 |
| 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. | |||
| RL33027 (PDF, TXT) | USA PATRIOT Act: Background and Comparison of House- and Senate-Approved Reauthorization and Related Legislative Action | Charles Doyle, American Law Division | September 15, 2005 |
| The House and Senate have each approved legislation that would among other things make permanent most of the USA PATRIOT Act sections now subject to the act's sunset provision. The House passed H.R. 3199 on July 21, 2005, 151 Cong.Rec. H6307. The Senate passed S. 1389 on July 29, 2005, 151 Cong.Rec. S9559-562. The bills differ. This is a brief description of what they say and how they differ. It builds upon and borrows from earlier reports. | |||
| RL33000 (PDF, TXT) | Foreign Relations Authorization, FY2006 and FY2007: An Overview | Susan B. Epstein, Foreign Affairs, Defense, and Trade Division | September 15, 2005 |
| Congressman Christopher H. Smith introduced H.R. 2601 on May 24, 2005. The Subcommittee on Africa, Global Human Rights and International Relations held a markup session on May 26 and forwarded the bill on to the full committee the same day. The House International Relations Committee held markup sessions on June 8 and 9. The House International Relations Committee completed its full committee markup on June 9, 2005. The bill was reported on July 13 (H.Rept. 109-168). House floor debate occurred the week of July 18, 2005. Earlier in 2005, Senator Lugar introduced a Senate version of the foreign relations authorization legislation (S. 600) on March 10. The measure was reported to the Senate the same day (S.Rept. 109-35). On April 5 and 6, the Senate debated the bill at which time the combination of numerous amendments on the bill, world events (the death of the Pope), nominations, and filibusters on judges put off action on the measure. | |||
| RL32873 (PDF, TXT) | Key Environmental Issues in the Energy Policy Act of 2005 (P.L. 109-58, H.R. 6) | Brent D. Yacobucci, Resources, Science, and Industry Division | September 15, 2005 |
| Over the past several Congresses, there have been ongoing efforts to develop comprehensive energy legislation. Energy bills were debated in the 107th and 108th Congresses, but final agreement was not reached in either Congress. The debate over omnibus energy legislation (H.R. 6) continued in the 109th Congress. On August 8, 2005, President Bush signed the Energy Policy Act of 2005 (P.L. 109-58). The final version of H.R. 6 was enacted with some significant differences from the House- and Senate-passed bills. In many cases, the enacted law and the House and Senate versions treat environmental issues in a similar manner. However, there are several environmental provisions that were addressed by an earlier version of the bill but not the enacted law, or that were treated differently by different versions of the bill. The H.R. 6 environmental provisions addressed in this report are the following: limits on the use of MTBE; a renewable fuel mandate for gasoline; stricter regulation of underground storage tanks; climate change; Clean Water Act and Safe Drinking Water Act exemptions for oil and gas exploration and production (related to stormwater runoff and hydraulic fracturing); incentives and R&D funding for alternative fuels and vehicles; hydroelectric relicensing; ozone compliance deadlines; streamlining of environmental regulations; and a renewable portfolio standard. A short discussion of each of the above provisions is included in this report. It should be noted that not all environment-related provisions of H.R. 6 are discussed in this report; it focuses on the major environmental issues in the debate. | |||
| RS22267 (PDF, TXT) | Albania: Current Issues and U.S. Policy | Julie Kim, Foreign Affairs, Defense, and Trade Division | September 15, 2005 |
| Some two months after Albania held parliamentary elections, a new government was sworn in on September 11, 2005. Democratic Party leader Sali Berisha, whose controversial term as President of Albania ended in 1997 amidst violent civil unrest, returned to power as the new Prime Minister and leads a center-right coalition government. Along with other states in the western Balkan region, Albania seeks membership in NATO and the European Union, but its accession prospects are not certain. A related CRS report is RL33012, Islamic Terrorism and the Balkans. | |||
| RS22216 (PDF, TXT) | USA PATRIOT Act Reauthorization in Brief | Charles Doyle, American Law Division | September 15, 2005 |
| 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 Electronic Communications Privacy Act (ECPA). The bills make permanent all but two of the temporary USA PATRIOT Act sections. They postpone the expiration of the two, dealing with FISA roving wiretaps and the so-call library or business records authority. In these two, the national security letter statutes, and some of the other USA PATRIOT Act provisions make sometimes parallel and sometimes individualistic adjustments. H.R. 3199 contains a number of features not found in S. 1389 including a first responder grant program, new capital offenses and adjusted capital punishment procedures, sections that in large measure replicate the seaport crimes portions of S. 378 (as reported), a substantial expansion in federal forfeiture authority in terrorism and money laundering cases, and expansion of federal wiretapping authority to embrace investigations into twenty crimes for which the authority did not previously exist. | |||
| RS22000 (PDF, TXT) | Israel's Disengagement from Gaza | Carol Migdalovitz, Foreign Affairs, Defense, and Trade Division | September 16, 2005 |
| In December 2003, Prime Minister Sharon announced that Israel would unilaterally withdraw from the Gaza Strip; the evacuation of settlers began on August 17, 2005, and was completed on August 23. Disengagement was carried out efficiently, rapidly, and without major violence. Related issues coordinated with the Palestinians included disposition of settler assets and security. The implications of disengagement for the West Bank, the "Road Map," and a future Palestinian state are uncertain. The total cost of disengagement exceeds $2 billion, and Congress may deal with a special Israeli aid request in the future. See also CRS Issue Brief IB91137, The Middle East Peace Talks, and CRS Issue Brief IB82008, Israel: Background and Relations with the United States. | |||
| RS22255 (PDF, TXT) | Emergency Response: Civil Liability of Volunteer Health Professionals | Kathleen Swendiman and Nathan Brooks, American Law Division | September 19, 2005 |
| The devastation wrought on the Gulf Region by Hurricane Katrina has triggered a massive relief effort by local, state, and federal government agencies, as well as private organizations and individuals. Much of the relief effort will be carried out by unpaid volunteers, and 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 duties. This report sketches the various federal and state liability protections available to VHPs responding to disasters generally, with a focus on the protections applicable to the Hurricane Katrina response. | |||
| RS22253 (PDF, TXT) | Regulatory Waivers and Extensions Pursuant to Hurricane Katrina | Curtis W. Copeland, Government and Finance Division | September 19, 2005 |
| for certain reports and applications to assist victims of Hurricane Katrina and to ease the economic effects of the storm. Most of the actions were permitted by agency or program-specific authorizing statutes. More generally, though, Section 301 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act permits agencies to modify or waive administrative conditions for federal assistance in the wake of a major disaster upon the request of state or local authorities. This report identifies some (but not all) of those Katrina-related waivers and extensions, | |||
| 97-244 (PDF, TXT) | The "Right to Die": Constitutional and Statutory Analysis | Kenneth R. Thomas, American Law Division | September 19, 2005 |
| Exercising one or another of these "rights to die" may have drastically different legal consequences: some currently have no legal consequence, some are a violation of common-law, some are a violation of statute, some may have contractual consequences, some may result in an action such as civil confinement, some are currently protected by legislation, and some may be protected by the United States Constitution. This report examines the legal status of the five distinct issues: 1) suicide, 2) passive euthanasia, 3) assisted suicide, 4) active euthanasia, and 5) palliative care. The report examines the history of how each of these issues has been treated and evaluates the constitutional right of a person to pursue these courses of action. It addresses state law regarding living wills, advance medical directives, and how these types of decisions are made regarding persons who have left neither. The report addresses congressional powers and existing federal statutes that are implicated in these issues, such as the Patient Self-Determination Act, the Assisted Suicide Funding Restriction Act, and the Controlled Substances Act. It then addresses bills introduced in the 109th Congress, S. 539 and H.R. 1151, both entitled the "Incapacitated Persons Legal Protection Act of 2005;" a bill passed by the House, H.R. 1332, "The Protection of Incapacitated Persons Act of 2005;" a bill passed by the Senate, "For the Relief of the Parents of Theresa Marie Schiavo;" and a similar bill passed by the House and Senate, S. 686. This last bill was signed by the President and became P.L. 109-3. The report notes that current state regulations prohibiting assisted suicide have been upheld by the Supreme Court, and that similar prohibitions against active euthanasia are likely to be upheld against constitutional challenge. The Due Process Clause of the Fourteenth Amendment, however, appears to limit a state's ability to regulate passive euthanasia (termination of medical treatment). Finally, palliative care may ultimately be found to be protected by the Fourteenth Amendment, but the possible abuse of such care may raise policy concerns. | |||
| RL32615 (PDF, TXT) | Pakistans Domestic Political Developments | K. Alan Kronstadt, Foreign Affairs, Defense, and Trade Division | September 19, 2005 |
| The 9/11 Commission Report called Musharraf's government the "best hope" for stability in Pakistan and Afghanistan, and recommended the provision of longterm and comprehensive support to Pakistan so long as its government remains committed to combating extremism and to a policy of "enlightened moderation." In passing the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108- 458), Congress broadly endorsed this recommendation and sought to encourage Pakistan's transition to full democracy. The act also extended the President's authority to waive coup-related sanctions on Pakistan through FY2006. See also CRS Issue Brief IB94041, Pakistan-U.S. Relations and CRS Report RL32259, Terrorism in South Asia. | |||
| RL33019 (PDF, TXT) | Medicaid Eligibility for Adults and Children | Jean Hearne, Domestic Social Policy Division | Updated September 19, 2005 |
| This report describes federal Medicaid eligibility rules for children and adults. | |||
| RL33092 (PDF, TXT) | Base Realignment and Closure (BRAC): Property Transfer and Disposal | Aaron M. Flynn, American Law Division | September 20, 2005 |
| This report provides an overview of the transfer and disposal authorities available under the law for military installations that may be closed during the 2005 round and indicates how recent amendments to the Base Closure Act have altered the property transfer and disposal process. It also describes DOD's proposed regulations implementing the amended Base Closure Act. | |||
| RS22273 (PDF, TXT) | Emergency Conracting Authorities | John R. Luckey, American Law Division | September 20, 2005 |
| Hurricane Katrina has given rise to many emergency contracting situations. This report will attempt to identify and summarize the primary emergency contracting authorities which might be available to facilitate response to these situations. Generally, these authorities may be divided into two categories, general emergency authority, and emergency (or national interest) exceptions to general procurement statutes or regulations. | |||
| RL32038 (PDF, TXT) | Drug Certification/Designation Procedures for Illicit Narcotics Producing and Transit Countries | K. Larry Storrs, Foreign Affairs, Defense, and Trade Division | September 20, 2005 |
| This report summarizes the congressionally-mandated presidential designation procedures on major illicit narcotics producing and transit countries in Section 706 of the Foreign Relations Authorization Act for FY2003 (H.R. 1646/P.L. 107-228) enacted in September 2002. To put the new procedures in perspective, the report also provides information on the past procedures, the congressional modifications, and recent presidential designations under the revised procedures. | |||
| RL33094 (PDF, TXT) | Congress and the Courts: Current Policy Issues | Walter Oleszek, Government and Finance Division | September 20, 2005 |
| The purposes of this report are to examine the Congress-court connection along several discrete, but overlapping, dimensions. First, the constitutional authority of Congress and the judiciary is summarized briefly. Second, the report highlights the court's role as legislative-executive "umpire" and federal-state "referee" in our constitutional system. Third, the report discusses the court's part in statutory interpretation as well as the diverse ways Congress may "check and balance" the judiciary. Fourth, the paper reviews several current controversies associated with the judicial nominations process. Fifth, the state of play with respect to the so-called "nuclear" or "constitutional" option for ending judicial filibusters is discussed along with the compromise that so far has averted use of this procedural maneuver in the Senate. Finally, the report closes with several observations about the current judicial nominations process. | |||
| RL33099 (PDF, TXT) | State Statutes Governing Hate Crimes | Charlene A. Austin and Paul S. Wallace, Jr., American Law Division | Updated September 21, 2005 |
| This report compiles state statutes pertaining to hate crimes. The Violent Crime Control and Law Enforcement Act of 1994 defines hate crime in §280003a as a "crime in which the defendant intentionally selects a victim, or in the case of property crime, the property that is the object of the crime" motivated by prejudice based on the "race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation" of the victim, P.L. 103-322, 108 Stat. 2096 (1994). | |||
| RL32403 (PDF, TXT) | Texas Emergency Management and Homeland Security Statutory Authorities Summarized | Keith Bea, L. Cheryl Runyon, and Kae M. Warnock, Government and Finance Division | September 22, 2005 |
| This report is one of a series that profiles the emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the more significant elements of state statutes, generally as codified. | |||
| RS22252 (PDF, TXT) | Older Americans Act: Disaster Assistance for Older Persons After Hurricane Katrina | Carol O'Shaughnessy, Domestic Social Policy Division | September 22, 2005 |
| The devastation caused by Hurricane Katrina is having significant negative effects on older persons with physical and mental disabilities. Persons who are socially isolated and dependent upon informal caregivers and social service programs to assist them live independently have immediate and long-term needs. The Administration on Aging (AoA) has allocated $750,000 in disaster relief funds available through the Older Americans Act to Alabama, Louisiana, and Mississippi (divided equally among the three states). Congress may consider whether additional actions are necessary to assist state and area agencies on aging in their efforts to assist the frail elderly in the wake of Hurricane Katrina. | |||
| RS22278 (PDF, TXT) | Social Security Reform: Growing Real Ownership for Workers (GROW) Act of 2005, H.R. 3304 | Kathleen Romig, Domestic Social Policy Division | September 22, 2005 |
| H.R. 3304 would establish voluntary individual accounts, called GROW accounts, as part of Social Security. It would also reduce the traditional Social Security benefits of account owners. If accounts are invested in Treasury bonds, account owners would have combined account payments and reduced Social Security benefits that are equal to their current law Social Security benefits. If other investment options are offered, account owners are expected to receive higher combined payments on average (though their combined payments could also be lower than under current law). Social Security currently runs a surplus, though over the long term it faces a funding shortfall. Under H.R. 3304, bonds equal to Social Security's annual cash surplus (i.e., taxes not needed to pay current benefits and costs) would be credited to the Social Security Trust Funds, as they are under current law. General funds equal to the amount of this surplus would also be used to fund GROW accounts. Social Security Administration (SSA) actuaries estimate that each account would be credited with 2.22% of its owner's taxable earnings in 2006, declining to 0.22% in 2016, after which the actuaries project no more surpluses. H.R. 3304's sponsors have called the bill a first step, but have not outlined plans to expand GROW accounts or restore system solvency. Both the SSA actuaries and the Congressional Budget Office (CBO) project that H.R. 3304 would slightly improve Social Security solvency. SSA and CBO also project that the plan would increase annual budget deficits and the national debt by roughly $1 trillion over 10 years. H.R. 3304 is similar to S. 1302, Senator DeMint's plan. However, S. 1302 would directly transfer Social Security's cash surplus into individual accounts. SSA's actuaries project similar solvency effects for both plans, and nearly identical budgetary effects. | |||
| RL33098 (PDF, TXT) | Klamath River Basin Issues and Activities: An Overview | Kyna Powers, Eugene H. Buck, and Betsy A. Cody, Resources, Science, and Industry Division; and Pamela Baldwin, American Law Division | September 22, 2005 |
| As is true in many regions in the West, the federal government plays a prominent role in the Klamath Basin's water management. This role stems from three primary activities: (1) the operation and management of the Bureau of Reclamation's Klamath Water Project and Central Valley Project (e.g., Trinity River Dams); (2) management of federal lands in the Basin, including five national wildlife refuges, several national forests, and public lands; and (3) implementation of federal laws, such as the Endangered Species Act (ESA), Clean Water Act (CWA), and National Environmental Policy Act (NEPA). The Congress has oversight over these federal activities and has held several hearings to discuss Klamath Basin issues. In particular, congressional debate has focused on the role of the ESA in water management, the operation of the Klamath Project and, other Upper Basin topics. Therefore, this report focuses on the Upper Basin. It provides some information on the Lower Basin (i.e., the watershed area below and west of Iron Gate Dam). | |||
| RS21656 (PDF, TXT) | The Use of Blind Trusts by Federal Officials | Jack Maskell, American Law Division | September 23, 2005 |
| This report provides a discussion of the use of blind trusts by federal officials in the context of conflict of interest regulation and avoidance. | |||
| RL32821 (PDF, TXT) | The Chief Justice of the United States: Responsibilities of the Office and Process for Appointment | Denis Steven Rutkus and Lorraine H. Tong, Government and Finance Division | September 23, 2005 |
| This report is intended to help show what is unique about the office and to shed light on the process by which a Chief Justice is appointed. Hence, an initial section reviews the vast range of duties and responsibilities of the Chief Justice and the qualifications considered necessary for one to perform effectively in that office. A second section then examines the Supreme Court appointment process, focusing on the appointment of Chief Justices. At the end of this report, a table lists the names of all persons nominated for Chief Justice, from 1789 to the present, including their nomination dates and, if confirmed by the Senate, the dates of their confirmation, judicial oath, and end of service, as well as their ages at time of appointment and upon termination of service. For a more detailed review of each stage in the Supreme Court appointment process, as it applies to Associate Justice as well as Chief Justice nominees, see CRS Report RL31989, Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate. | |||
| RL32834 (PDF, TXT) | TANF Reauthorization: Sideby-Side Comparison of Current Law, S. 667, and H.R. 240 (TANF Provisions) | Gene Falk, Domestic Social Policy Division | September 26, 2005 |
| The 109th Congress is considering legislation to reauthorize the block grant of Temporary Assistance for Needy Families (TANF) for five years. The 108th Congress and its predecessor, the 107th Congress, both inconclusively debated a longterm authorization for TANF and related programs. The program has received 11 short-term extensions since the original funding authority for TANF expired on September 30, 2002. The latest extension ( P.L. 109-68) funds the program through December 31, 2005. The Senate Finance Committee has reported an original bill, S. 667 (S.Rept. 109-51). H.R. 240, introduced by House Republican leaders and making its way through House committees of jurisdiction, is similar to bills that passed the House in 2002 and 2003. That bill was approved by the House Ways and Means Committee's Subcommittee on Human Resources on March 15, and awaits full committee action, as well as consideration by other committees that have jurisdictions over parts of the bill. | |||
| RS22275 (PDF, TXT) | Proposed Bankruptcy Legislation to Address Natural Disaster Victims | Robin Jeweler, American Law Division | September 27, 2005 |
| Several bills have been introduced in the 109th Congress to amend the U.S. Bankruptcy Code, 11 U.S.C. § 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. | |||
| RL33106 (PDF, TXT) | Border Security and the Southwest Border: Background, Legislation, and Issues | Lisa M. Seghetti, Jennifer Lake, Blas Nunez-Neto, and Alison Siskin, Domestic Social Policy Division; K. Larry Storrs, Foreign Affairs, Defense, and Trade Division; and Nathan Brooks and Stephen Vina, American Law Division | September 28, 2005 |
| This report discusses border securityrelated programs and initiatives that have an impact on the southwest border. The programs and initiatives discussed are presented in a two-dimensional framework: (1) enforcement efforts at the POE, between the POE and within the interior of the United States; and (2) programs and initiatives that facilitate the flow of people and goods across the border versus those initiatives that are geared towards controlling and interdicting people and things that may be a threat to the national security. The report opens with a discussion of the differences between the southwest and northern border. It then details the relationship between the United States and Mexico, as it pertains to border security. Next, each major control point (i.e., inspections, border patrol and interior investigations) that has a border security-related component is discussed. The report then focuses on past and current congressional efforts to secure the southwest border. It concludes with a discussion of some of the issues that are crosscutting to the major areas covered in the report. An appendix is provided for additional discussion of legislation. | |||
| RS22263 (PDF, TXT) | Katrina's Wake: Restoring Financial Services | William D. Jackson and Barbara L. Miles, Government and Finance Division | September 29, 2005 |
| In the wake of Hurricane Katrina, damage to the financial infrastructure appears to be largely confined to small depository institutions. Directives stemming from the 9/11 attacks require most banking and securities firms to maintain off-site redundancy for significant personnel and daily data backups. The damaged area is sufficiently wide, however, and the possibility of long-term loan delinquency sufficiently high, that greater harm may yet surface. To date, most depository institutions are functioning to some degree and, despite concerns over large withdrawals, regulators say they do not expect any to fail as a result of the damage. Regulators are working with banks and credit unions to provide considerable relief to customers hard-hit by the storm. Some lenders have announced customer relief programs ranging from waivers of ATM fees and increases in cash electronic withdrawal limits to cessation of foreclosure procedures and automatic forbearance for mortgage payments for the months of September through November. Congress has been briefed by the major regulators, and hearings were held by the House Financial Services Committee on September 14, 2005. In addition, there are some calls for (1) an emergency increase in deposit insurance ceilings to reassure major depositors that their funds are safe, (2) legislation providing temporary relief from antimoney- laundering and know-your-customer requirements in aid of check cashing and other needs, and (3) provisions for government-sponsored enterprises (GSEs) to make affordable housing allocations to victims.. | |||
| RL33075 (PDF, TXT) | U.S. Agriculture After Hurricane Katrina: Status and Issues | Randy Schnepf and Ralph M. Chite, Resources, Science, and Industry Division | October 5, 2005 |
| Certain ongoing federal programs, primarily crop insurance and disaster loans, are available to eligible producers. The combination of Hurricane Katrina and a Midwestern drought might also cause Congress to consider supplemental crop and livestock disaster assistance. This report is intended as an overview of how Katrina has affected and is likely to continue to affect the agricultural sectors of both the impacted region and the U.S. | |||
| RL33114 (PDF, TXT) | Safe Harbor for Preclinical Use of Patented Inventions in Drug Research and Development: Merck KGaA v. Integra Lifesciences I, Ltd. | Brian T. Yeh, American Law Division | October 7, 2005 |
| In Merck KGaA v. Integra Lifesciences I, Ltd., __ U.S. __, 125 S. Ct. 2372 (2005), the United States Supreme Court decided, without dissent, that the patent law's safe harbor provision exempts from infringement the preclinical use of patented inventions in drug research. Without this legal immunity, pharmaceutical companies face patent infringement liability when they conduct preclinical experiments using rival companies' patented compounds. The U.S. Court of Appeals for the Federal Circuit had earlier found that the statutory exemption applied only to clinical research activity that contributes "relatively directly" to information the Food and Drug Administration (FDA) considers in approving a drug. This narrow interpretation of the safe harbor provision had raised concerns that the patent law could significantly restrict the development and introduction of new medical treatments and generic drugs. | |||
| RL32606 (PDF, TXT) | Sudan: Economic Sanctions | Dianne E. Rennack, Foreign Affairs, Defense, and Trade Division | October 11, 2005 |
| This report outlines actions taken by the United Nations and the economic sanctions currently imposed on Sudan by the United States - describing what is restricted, the statutory basis for the sanctions, and where the authority lies to ease or strengthen those restrictions. | |||
| RS21608 (PDF, TXT) | Clean Air and New Source Review: Defining Routine Maintenance | Larry Parker, Resources, Science, and Industry Division | October 11, 2005 |
| 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 that could require a source to meet potentially expensive pollution control requirements. The rule is controversial and being litigated. In December 2003, a three-judge panel of the D.C. Circuit Court of Appeals blocked implementation of the rule until it can make a final determination about the case. Legislation being considered in the 109th Congress would permit the rule to go into effect. | |||
| RL33101 (PDF, TXT) | S. 147/H.R. 309: Process for Federal Recognition of a Native Hawaiian Government Entity | M. Maureen Murphy, American Law Division | October 11, 2005 |
| This report describes the provisions of the reported version of S. 147; outlines some federal statutes and recent cases which might be relevant to the issue of federal recognition of a Native Hawaiian entity; and recounts some legal arguments that have been presented in the debate on this legislation. It includes a brief outline of the provisions of a substitute amendment expected to be offered in lieu of the reported version of S. 147, when Senate debate, which was interrupted by the filing of a cloture motion on July 29, resumes. The substitute amendment is the product of discussions that have included congressional, executive, and State of Hawaii officials. S. 147 has again been placed on the Senate Calendar. | |||
| RL33116 (PDF, TXT) | Retirement Plan Participation and Contributions: Trends from 1998 to 2003 | Patrick Purcell, Domestic Social Policy Division | October 12, 2005 |
| From February through May of 2003, the U.S. Census Bureau collected information on participation in employer-sponsored retirement plans among individuals in more than 29,000 U.S. households through the Survey of Income and Program Participation (SIPP). These data represent the most comprehensive source of information available on workers' participation in employer-sponsored retirement plans from a nationally representative sample of American households. The analysis in this report focuses on workers 18 and older with a paid job in the private sector. Public sector workers and the self-employed have been excluded from the analysis because neither group is covered by the Employee Retirement Income Security Act of 1974 (ERISA, P.L. 93-406), the federal law that governs many aspects of employer-sponsored pensions. According to the data collected by the Census Bureau, there were 97.7 million people age 18 and older with a paid job in the private sector in an average month in the first half of 2003. Of this number, 63.2 million (64.8%) worked for an employer that sponsored a pension or a retirement savings plan - such as a §401(k) plan - and 45.7 million (46.8%) participated in an employer-sponsored retirement plan. | |||
| RL32560 (PDF, TXT) | Selected Products Liability Issues: A Fifty-State Survey | Henry Cohen, American Law Division | October 13, 2005 |
| This report examines the laws of the fifty 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 fifty-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 usually noted is whether a provision applies only to products liability actions or to other tort actions as well. In each of the six areas of products liability law covered, many states have altered the common law in recent years. Some have (1) made product sellers other than manufacturers not strictly liable, (2) adopted comparative fault, (3) placed caps on punitive damages or raised the burden of proof with respect to a plaintiff's entitlement to punitive damages, (4) limited joint and several liability, (5) adopted discovery statutes of limitations, and (6) adopted statutes of repose. These terms are all explained in an introduction to each of the areas. | |||
| RS22241 (PDF, TXT) | Hurricanes Katrina and Rita: Fishing and Aquaculture Industries--Damage and Recovery | Eugene H. Buck, Resources, Science, and Industry Division | October 13, 2005 |
| Hurricanes Katrina and Rita struck the center of commercial and recreational fishing along the Gulf of Mexico coast, which produces 10% of the shrimp and 40% of the oysters consumed in the United States. Initial losses to seafood production from Katrina were estimated at $1.1 billion for Louisiana and may exceed $200 million for Alabama, exclusive of infrastructure; Mississippi losses are comparable to those of Alabama. Additional damages from Hurricane Rita may bring Louisiana losses to nearly $2 billion. This report summarizes damage assessments and recovery efforts. | |||
| RS22297 (PDF, TXT) | Ports in Louisiana: New Orleans, South Louisiana, and Baton Rouge | Vanessa Cieslak, Knowledge Services Group | October 14, 2005 |
| This report provides background information and import/export statistics on the ports of New Orleans, South Louisiana, and Baton Rouge. These ports provide important access to world markets and sources of exported and imported raw materials. The three ports are usually discussed together because of their shared geography, ship traffic, and cargo. When Hurricane Katrina made landfall on August 29, 2005, it stalled the transportation supply lines for imports and exports in the area. Port Fourchon, which is a multi-use port and services offshore oil and gas facilities and the Louisiana Offshore Oil Port will not be covered in this report. For additional information on this topic, see CRS Report RS22257, Hurricane Katrina: Shipping Disruptions, by John Frittelli; and CRS Report RL33075, U.S. Agriculture After Hurricane Katrina: Status and Issues, by Randy Schnepf and Ralph Chite. | |||
| RL33091 (PDF, TXT) | Hurricane Katrina-Related Immigration Issues and Legislation | Ruth Ellen Wasem, Domestic Social Policy Division | October 18, 2005 |
| This report focuses on four immigration policy implications of Hurricane Katrina. It opens with a discussion of employment verification and other documentary problems arising for those who have lost their personal identification documents. It follows with an overview of the rules for noncitizen eligibility for federal benefits. Issues pertaining to how the loss of life or livelihood affects eligibility for immigration visa benefits are discussed next. The report closes with background on relief from removal options for Katrina-affected aliens. Legislation addressing these policy areas is discussed in the relevant sections. | |||
| RS22302 (PDF, TXT) | Reconciliation Instructions in the FY2006 Budget Resolution | Mary Frances Bley, Knowledge Services Group; and Robert Keith, Government and Finance Division | October 18, 2005 |
| The House and Senate reached final agreement on April 28, 2005, on a budget resolution for FY2006 (H.Con.Res. 95) which included reconciliation directives expected to lead to the consideration of three different reconciliation bills during the session: (1) an omnibus spending reduction measure, incorporating submissions from eight House and eight Senate committees; (2) a revenue reduction measure; and (3) a public debt limit increase measure. The omnibus spending bill is intended to reduce outlays by $1.519 billion for FY2006 and $34.658 billion for the five-year period covering FY2006 through FY2010; the revenue bill is intended to reduce revenues by $11 billion for FY2006 and $70 billion for the period FY2006-FY2010; and the third bill is intended to increase the public debt limit by $781 billion. | |||
| RS22301 (PDF, TXT) | Rural Housing: USDA Disaster Relief Provisions | Bruce E. Foote, Domestic Social Policy Division | October 18, 2005 |
| When disasters occur, such as Hurricane Katrina, the U.S. Department of Agriculture (USDA) provides housing relief to residents of the affected areas in general and to affected participants in the various USDA rural housing programs. This report provides an overview of those housing relief efforts. Assistance can be placed in three broad categories: (1) relief for homeowners and homebuyers; (2) relief for apartment dwellers; and (3) and relief for multi-family property owners. For Section 521 rental assistance allocated to housing made uninhabitable by Hurricane Katrina or Hurricane Rita, H.R. 3895, as passed by the House on October 6, 2005, would amend the Housing Act of 1949 to permit the conversion of the rental assistance into either Section 8 vouchers or rural housing vouchers. The bill would amend the law to permit Section 502 guarantee loans to be used for the repair or rehabilitation of existing properties. | |||
| RS22300 (PDF, TXT) | The Retirement of Justice O'Connor: Quorum Requirements, Rehearings and Vote Counts in the Supreme Court | T.J. Halstead, American Law Division | October 18, 2005 |
| 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. | |||
| RL33119 (PDF, TXT) | Safe, Accountable, Flexible, Efficient Transportation Equity Act--A Legacy for Users (SAFETEA-LU or SAFETEA): Selected Major Provisions | John W. Fischer, Resources, Science, and Industry Division | October 18, 2005 |
| On August 10, 2005, President Bush signed the Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users (SAFETEA-LU or SAFETEA)(P.L. 109-59). This act reauthorizes federal surface transportation programs through the end of FY2009. The reauthorization was long overdue, given that the previous long term authorization, the Transportation Equity Act for the 21st Century (TEA-21)(P.L. 105-206) expired on September 30, 2003. In addition to money issues, the act addressed a number of other issues. These included the creation of a new consolidated safety program, enhanced environmental streamlining regulations, changes in clean air conformity regulations, funding for transit new starts, expanded reliance on innovative financing and tolls, and spending on congressional high priority projects (earmarks). | |||
| RL33090 (PDF, TXT) | Robert T. Stafford Disaster Relief and Emergency Assistance Act: Legal Requirements for Federal and State Roles in Declarations of an Emergency or a Major Disaster | Elizabeth B. Bazan, American Law Division | October 19, 2005 |
| The Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93- 288, as amended, 42 U.S.C. §§ 5121-5206, and implementing regulations in 44 C.F.R. §§ 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 and local resources for disaster relief and recovery. Except in the case of an emergency involving a subject area that is exclusively or preeminently in the federal purview, the Governor of an affected state, or Acting Governor if the Governor is not available, must request such a declaration by the President. This report will review the statutory and regulatory requirements applicable to the affected state seeking the declaration and to the Presidential declaration, and will note the different types of resources that may be made available in the response to the two types of declarations. | |||
| 97-122 (PDF, TXT) | Takings Decisions of the U.S. Supreme Court: A Chronology | Robert Meltz, American Law Division | October 19, 2005 |
| This report is a reverse chronological listing of U.S. Supreme Court decisions on claims that a government entity has "taken" private property, as that term is used in the Takings Clause of the Fifth Amendment. All but the most inconsequential decisions are included. Cases on condemnation and eminent domain topics not unique to the takings context are omitted. | |||
| RS22304 (PDF, TXT) | ANWR and FY2006 Budget Reconciliation Legislation | Bill Heniff, Jr., Government and Finance Division; and M. Lynne Corn, Resources, Science, and Industry Division | October 19, 2005 |
| The FY2006 budget resolution (H.Con.Res. 95, H.Rept. 109-61) contains reconciliation directives to the House Committee on Resources and the Senate Committee on Energy and Natural Resources to reduce direct spending by $2.4 billion for the period covering FY2006-FY2010. The Senate Energy and Natural Resources Committee has voted to transmit legislative recommendations to open the Arctic National Wildlife Refuge (ANWR) to development in order to meet its reconciliation targets. The Chairman of the House Resources Committee has also indicated support for this approach. The projected proceeds from such ANWR provisions would be counted as direct spending reductions. Budget reconciliation legislation, which implements some of the direct spending and revenue policy changes assumed in the congressional budget resolution, is considered under expedited procedures that, in particular, limit debate and amendments in the Senate. The debate limitation makes a reconciliation measure an attractive vehicle for legislative initiatives that otherwise might be subject to a filibuster. | |||
| RL32504 (PDF, TXT) | Funding Plant and Animal Health Emergencies: Transfers from the Commodity Credit Corporation | Jim Monke and Geoffrey S. Becker, Resources, Science, and Industry Division | October 19, 2005 |
| In recent years, the Office of Management and Budget (OMB) has been concerned over the frequent use of CCC transfers for the eradication of plant and animal pests and diseases, which OMB has said should be funded through regular appropriations after the initial outbreak. However, congressional appropriations committees have consistently reiterated that the Secretary should use the authority to transfer CCC funds, and USDA has continued its past practice of using the funds. Analysis of CCC transfers for plant and animal health emergencies from FY1998 to FY2005 leads to several observations. First, the number and value of CCC transfers rose substantially from FY1998 to FY2003. Second, several eradication programs were short-term and funded only by CCC transfers, while other programs consistently have received CCC transfers in addition to appropriations. Finally, some programs receive large, initial CCC transfers followed by progressively smaller transfers as appropriations gradually take their place. Examples of pest and disease programs receiving CCC transfers in recent years include Asian longhorned beetle, avian influenza, bovine spongiform encephalopathy ("mad cow disease"), citrus canker, emerald ash borer, glassy-winged sharpshooter, plum pox, and sudden oak death. | |||
| RS22305 (PDF, TXT) | War Bonds in the Second World War: A Model for Hurricane Recovery Bonds? | James M. Bickley, Government and Finance Division | October 20, 2005 |
| Severe damage and dislocations resulting from Hurricanes Katrina and Rita have rekindled congressional interest in the concept of the sale of a Treasury security to finance recovery and relief operations. The question has been raised whether or not the issuance of war bonds during the Second World War serves as a good model for new "hurricane recovery bonds." Two bills have been introduced that would permit the issuance of some form of hurricane relief bond: H.R. 3892 and H.R. 3935. The report concludes that the war bonds program in World War II is a problematic model for hurricane relief bonds. | |||
| RL33050 (PDF, TXT) | Risk-Based Funding in Homeland Security Grant Legislation: Issues for the 109th Congrress | Shawn Reese, Government and Finance Division | October 21, 2005 |
| P.L. 109-90, signed by the President on October 18, 2005, appropriates funding for the Department of Homeland Security (DHS) for FY2006. P.L. 109-90 appropriates a total of $2.97 billion for state and local homeland security grant programs. This is $645 million less than was appropriated for these programs in FY2005 ($3.61billion). P.L. 109-90 does not alter the funding formula for SHSGP and LETPP. Conferees are expected, however, to meet in October to resolve differences between the House and Senate versions of H.R. 3199, re-authorization of sunset provisions in the USA PATRIOT Act (P.L. 107-56). The House version of this measure addresses risk-based funding for homeland security grants. The House version of H.R. 3199, passed July 21, 2005, would direct DHS to allocate 100% of funds appropriated for homeland security assistance to states based on risk, and it would establish a mechanism for doing so. The Senate version, passed July 29, 2005, is silent on the matter. This CRS report addresses several policy questions raised by the grant allocation method proposed in the House version of H.R. 3199 and the method in P.L. 109-90. It does not focus on the differences in the amounts appropriated for homeland security grants and re-authorization of USA PATRIOT Act provisions. | |||
| RS22280 (PDF, TXT) | Hurricane Katrina Recovery: Contracting Opportunities | L. Elaine Halchin, Government and Finance Division | October 21, 2005 |
| Companies unfamiliar with the federal procurement process may find useful information at several government websites, including those of the General Services Administration (GSA) and the Small Business Administration (SBA). Usually, agency solicitations for goods and services valued at amounts over $25,000 may be found on the government's Federal Business Opportunities (FedBizOpps) website. However, some agencies may not be posting solicitations on FedBizOpps yet. Monitoring several federal government websites, instead of just FedBizOpps, may be an effective way to track contracting opportunities related to Hurricane Katrina recovery and reconstruction efforts. Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5150), preference is to be given, in the expenditure of federal funds for major disaster or emergency assistance activities, to private organizations, companies, and individuals residing or doing business primarily in the affected area. | |||
| RL32322 (PDF, TXT) | Central America and the Dominican Republic in the Context of the Free Trade Agreement (DR-CAFTA) with the United States | K Larry Storrs, Clare Ribando, Lenore Sek, Mark P. Sullivan, Maureen Taft-Morales, and Connie Veillette, Foreign Affairs, Defense, and Trade Division | October 24, 2005 |
| This report explains the conditions in five countries in Central America (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua) and one country in the Caribbean (Dominican Republic) that will be partners with the United States in the U.S.-Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) signed in August 2004. All of the signatory countries except Costa Rica have approved the pact. The agreement will enter into force for the approving countries on an agreed date, tentatively January 1, 2006. In U.S. approval action, the House and Senate passed the required implementing legislation (H.R. 3045) on July 27 and 28, 2005, and the President signed it into law (P.L. 109-53) on August 2, 2005. | |||
| RS22269 (PDF, TXT) | Katrina Emergency Tax Relief Act of 2005 | Erika Lunder, American Law Division | October 24, 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. | |||
| RL33126 (PDF, TXT) | Disaster Response and Appointment of a Recovery Czar: The Executive Branch's Response to the Flood of 1927 | Kevin R. Kosar, Government and Finance Division | Updated October 25, 2005 |
| In the wake of the destruction caused by Hurricanes Katrina and Rita, the press and policymakers have looked to the past for examples of federal responses to natural disasters that might serve as models for emulation today. Some Members of Congress have expressed an interest in creating a cabinet-level "czar" to administer Hurricane Katrina and Rita relief programs. Since the federal response to the flood of 1927 featured Secretary of Commerce Herbert Hoover as the director of the flood response and wielding immense executive powers, this episode in federal history may be of particular interest to Congress. This report describes the flood of 1927, and assesses the federal government's response thereto. In short, the federal response was an executive branch response. President Calvin Coolidge created a quasi-governmental commission that included members of his Cabinet and the American National Red Cross. This commission encouraged the public to donate funds to the relief effort. It also gave Secretary of Commerce Herbert Hoover near-absolute authority to organize and oversee its response. Hoover used this authority to weave together federal resources, American National Red Cross volunteers, and the private sector to carry out the relief and recovery program. | |||
| RL32252 (PDF, TXT) | AIDS Orphans and Vulnerable Children (OVC): Problems, Responses, and Issues for Congress | Tiaji Salaam, Foreign Affairs, Defense, and Trade Division | October 26, 2005 |
| This report explores some of the challenges facing children affected by HIV/AIDS and governments with large populations of those children, reviews U.S. and international efforts to address the needs of children affected by HIV/AIDS, and outlines some key issues that may be considered by Congress. | |||
| RL33127 (PDF, TXT) | Speaker Hastert's Plan to Offset Spending: A Procedural Perspective | Robert Keith, Government and Finance Division | October 26, 2005 |
| This report provides background on the "Hastert Plan" to enact legislation offsetting the increased budget costs stemming from relief and reconstruction efforts associated with Hurricanes Katrina and Rita. Following a background section and a brief tally of potential costs to be offset, the report examines the various procedures that could be used to formalize and implement the plan. Other offset plans that have been offered are not addressed specifically in this report, but they likely would involve some or all of the same procedures discussed here. | |||
| RL32395 (PDF, TXT) | U.S. Treatment of Prisoners in Iraq: Selected Legal Issues | Jennifer K. Elsea, American Law Division | Updated October 27, 2005 |
| This report summarizes pertinent provisions of the Geneva Conventions Relative to the Treatment of Victims of War (Geneva Conventions) and other relevant international agreements. The report begins with a discussion of international and U.S. standards pertaining to the treatment of prisoners. A discussion of accountability in case of breach of these standards follows, including potential means of asserting jurisdiction over alleged violators, either in military courts under the Uniform Code of Military Justice (UCMJ) or U.S. federal courts, by applying U.S. criminal statutes that explicitly apply extraterritorially or within the special maritime or territorial jurisdiction of the United States (as defined in 18 U.S.C. § 7), or by means of the Military Extraterritorial Jurisdiction Act (MEJA). The section that follows discusses international requirements to provide redress for those whose treatment at the hands of U.S. officials may have fallen below the standards outlined in the first section of the report. Finally, the report summarizes relevant congressional activity during the 108th and 109th Congresses, including a brief discussion of the anti-torture provision of P.L.109-13 (H.R. 1268) as well as relevant pending legislation (H.R. 3003, S. 12, H.R. 112, H.R. 2863, S. 1042). | |||
| RL33062 (PDF, TXT) | Public Diplomacy: A Review of Past Recommendations | Susan B. Epstein, Foreign Affairs, Defense, and Trade Division; and Lisa Mages, Knowledge Services Group | October 31, 2005 |
| This report looks at 29 articles and studies on public diplomacy that have been identified by the Department of State as being credible reports with valuable suggestions. Various recommendations from these studies are similar. This report organizes the recommendations and provides a brief discussion of them. | |||
| RL32684 (PDF, TXT) | Changing Senate Rules: The "Constitutional" or "Nuclear" Option | Betsy Palmer, Government and Finance Division | November 1, 2005 |
| Exactly because the point of a nuclear or constitutional option is to achieve changes in Senate procedure by using means that lie outside the Senates normal rules of procedure, it would be impossible to list all the different permutations such maneuvers could encompass. This report presents four different approaches or scenarios that have been discussed as possible methods to achieve this goal. | |||
| RL33138 (PDF, TXT) | Employment-Related Issues in Bankruptcy | Robin Jeweler, American Law Division | November 1, 2005 |
| This report provides an overview of the status of employee wages and benefits, including retiree benefits, when an employer files in bankruptcy, and the amendments made to the U.S. Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act. Private pensions, regulated by the Employee Retirement Income Security Act, are generally protected, although defined benefit pension plan payments may be substantially reduced. Health and life insurance benefits, which are not required by federal law, are vulnerable to an employer's bankruptcy-driven modification or termination. This report examines those provisions in the U.S. Bankruptcy Code which govern the priority of employee wage and benefit claims, including severance payments; procedures for a chapter 11 debtor to modify benefits under a collective bargaining agreement; and procedures for a chapter 11 debtor to modify retiree life and health insurance benefits. It examines the role of employees on creditor committees and procedures in bankruptcy that facilitate lawsuits that may be directed at an employer/debtor. Finally, it considers the treatment accorded some aspects of managerial compensation, such as retention bonuses. | |||
| RS22245 (PDF, TXT) | Postal Service for Katrina Survivors | Nye Stevens, Government and Finance Division | November 2, 2005 |
| The U.S. Postal Service has experienced many disasters in the past, and it was relatively well prepared for the aftermath of Hurricane Katrina. While the hurricane damaged some 500 post offices, the Postal Service was able to establish limited services just days after the disaster. For those now displaced from their homes, USPS says that it can provide relatively efficient delivery service if customers submit a change of address form in person, by toll-free telephone, or on the Internet. USPS does not intend to request congressional appropriations for the costs it has incurred in restoring operations or rebuilding damaged facilities. | |||
| RL33135 (PDF, TXT) | The Global Fund and PEPFAR in U.S. International Aids Policy | Raymond W. Copson, Foreign Affairs, Defense, and Trade Division | November 3, 2005 |
| The United States is responding to the international AIDS pandemic through the President's Emergency Plan for AIDS Relief (PEPFAR), which includes bilateral programs and contributions to the multilateral Global Fund for AIDS, Tuberculosis, and Malaria. PEPFAR overall appears on target to meet the Administration's five-year, $15 billion spending plan, although competing budget priorities could affect its prospects. By contrast, the Global Fund, which relies on multiple donors, is reporting a funding gap that may prevent it from awarding new grants to fight the pandemic. The Fund estimates that it needs $3.3 billion in 2006 and 2007 to cover the renewal of its existing grants, in addition to $3.7 billion in order to fund two new Rounds of grant-making. At a September 2005 Global Fund pledging conference in London, donors offered a total of $3.7 billion for the two years, and unless additional pledges are made, the Fund will be able to do little more than fund existing grants. | |||
| RL33089 (PDF, TXT) | Education and Training Issues Related to Major Disasters | Charmaine Mercer, Richard N. Apling, Paul Irwin, Ann Lordeman, Rebecca R. Skinner, and David P. Smole, Domestic Social Policy Division | November 4, 2005 |
| This report includes a description of the federal Stafford Act and its applicability to education and training facilities to provide context for the specific education and workforce development programs and requirements and their intersection with federal emergency management. The report further provides an overview of the federally funded programs administered by the Department of Education (ED) that may be used to help those affected by major disasters and the specific existing statutory and regulatory authorities available to assist individuals who have been affected by a major disaster, where applicable. Training programs administered by the Department of Labor (DOL) are also included. Specifically, training programs for youth, adults and dislocated workers are discussed. A description of each program, program requirements, and regulations, where applicable, is then followed by a discussion of possible legislative and funding options that might be considered for providing additional relief to the victims of major disasters. The report concludes with an analysis of selected issues related to major disasters and education and training, followed by an overview of legislative action addressing education and training and the Administration's disaster relief proposal. | |||
| RS20683 (PDF, TXT) | Taiwans Accession to the WTO and its Economic Relations with the United States and China | Wayne M. Morrison, Foreign Affairs, Defense, and Trade Division | November 4, 2005 |
| 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 U.S.-Taiwan economic ties (and to lessen Taiwan's growing economic dependency on the mainland), some Members of Congress have indicated support for a U.S.-Taiwan free trade agreement (FTA). | |||
| RS21931 (PDF, TXT) | Lawsuit Abuse Reduction Act of 2005 | Henry Cohen and Kenneth R. Thomas, American Law Division | November 4, 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 for any improper purpose. | |||
| RS22314 (PDF, TXT) | Hurricane Katrina Recovery: Contracts Awarded by the Federal Government | L Elaine Halchin, Government and Finance Division | November 4, 2005 |
| Information about contracts and other types of government procurements made in support of hurricane recovery efforts may be obtained online from the Federal Procurement Data System (FPDS), the Department of Homeland Security, the U.S. Army Corps of Engineers, and the U.S. Navy's Military Sealift Command websites. The government-wide database, FPDS, provides the most comprehensive and detailed information, but the other three websites include contracts not currently listed in FPDS. Available information about government procurements includes, among other things, the type of award (for example, a contract or a delivery order), the type of contract, and the extent of competition. | |||
| RL33141 (PDF, TXT) | Hurricane Katrina: Social-Demographic Characteristics of Impacted Areas | Thomas Gabe, Gene Falk, and Maggie McCarty, Domestic Social Policy Division; and Virginia W. Mason, Congressional Cartography Program | November 4, 2005 |
| 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. The geographic range of Katrina's hurricane-force winds corresponds quite closely with the 88 counties declared as disaster areas by the Federal Emergency Management Agency (FEMA). (See Figure 1, depicting Hurricane Katrina's storm track, estimated extent of hurricane and tropical force winds, counties designated FEMA disaster areas, and county population density.) Property damage, loss of life, and sizeable displacement of population appear to have been largely concentrated within a 100-mile radius of where the storm made landfall. Within this area, damage due to high winds and storm surge resulted in significant devastation, but flooding, largely resulting from breached levees and flood walls, affected the greatest number of people, with much of New Orleans flooded. | |||
| RL32037 (PDF, TXT) | Safe Harbor for Service Providers Under the Digital Millennium Copyright Act | Brian Yeh and Robin Jeweler, American Law Division | November 4, 2005 |
| This report describes the safe harbor and subpoena provisions, along with the responsibilities and obligations of service providers under 17 U.S.C. section 512. In addition to highlighting specific aspects of the statutory text, the report examines case law to date interpreting and applying the Digital Millennium Copyright Acts safe harbors and subpoena procedure. | |||
| RS22074 (PDF, TXT) | Limiting Tort Liability of Gun Manufacturers and Gun Sellers: Legal Analysis of P.L. 109-92 (2005) | Henry Cohen, American Law Division | November 8, 2005 |
| The Protection of Lawful Commerce in Arms Act, P.L. 109-92 (2005), prohibits civil actions and administrative proceedings, except in six circumstances, against a manufacturer or seller of a firearm or ammunition, or a trade association, for damages "resulting from the criminal or unlawful misuse" of a firearm or ammunition. P.L. 109- 92 also, with exceptions, requires child safety locks on handguns, and amended 18 U.S.C. §§ 922(a) and 924(c), which, with exceptions, prohibit the manufacture or importation of armor piercing ammunition, and establish penalties for the commission of crimes with such ammunition. | |||
| RS22320 (PDF, TXT) | Congressional Primaries and Filing Deadlines, 2006 Schedule | Kevin Coleman, Government and Finance Division | November 8, 2005 |
| This report provides the dates of congressional filing deadlines and primary and runoff primary dates for 2006 for the states, the District of Columbia, and territories. The dates are subject to change before the election cycle begins, pending state legislative action. | |||
| RL32984 (PDF, TXT) | Dalla Love Field: The Wright and Shelby Amendments | Todd B. Tatelman, American Law Division; and John W. Fischer, Resources, Science, and Industry Division | November 9, 2005 |
| 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 CAB regulation. Congress's subsequent passage of the Airline Deregulation Act of 1978, resulted in Southwest being allowed to operate interstate flights from Love Field, and prompted concerns from many local officials about DFW's financial stability. | |||
| RL33146 (PDF, TXT) | Federal Voluntary Voting System Guidelines: Summary and Analysis of Issues | Eric Fischer, Resources, Science, and Industry Division | November 9, 2005 |
| This report begins with a discussion of the historical context of the VVSG,followed by a summary of the guidelines and a discussion of each of the issuesidentified above. However, there are many specific issues, such as whether wirelesscommunications should be permitted, that are not covered here. The report alsobriefly summarizes relevant legislative proposals in the 109th Congress. It containstwo appendices - a section-by-section summary of the guidelines and a glossary ofabbreviations used in the report. | |||
| RL32726 (PDF, TXT) | Proposals for a Commission on the Accountability and Review of Federal Agencies (CARFA): Analysis and Issues for Congress | Clinton T. Brass, Government and Finance Division | November 10, 2005 |
| In the 109th Congress, for the third consecutive Congress, companion bills have been introduced (S. 1155/H.R. 2470) that, if enacted, would establish a Commission on the Accountability and Review of Federal Agencies (CARFA). As discussed later in this report, these two bills differ from one another in some key respects, including the procedure for appointing commission members, the agencies that would be within the proposed commission's scope, and requirements for use of "funds saved" as a result of the commission's plan and recommendations.2 Nonetheless, if either version of the legislation is enacted, the proposed CARFA Act would require this "review commission," made up of 12 members, to review certain federal agencies and programs to determine if any covered agencies or programs are duplicative, wasteful, inefficient, outdated, irrelevant, or failed. The proposed CARFA would be required (or in some cases in the Senate version, allowed instead of required) to recommend that any such programs and agencies be realigned or eliminated. The commission's recommendations would then be packaged into an implementation bill that would receive expedited congressional consideration, including prohibitions on amendments and restrictions on procedural delays. | |||
| RL33082 (PDF, TXT) | Bankruptcy Relief and Natural Disaster Victime | Robin Jeweler, American Law Division | November 14, 2005 |
| In the wake of Hurricane Katrina, 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. Others have suggested that the U.S. Bankruptcy Code, 11 U.S.C. § 101 et seq., as amended by the BAPCPA, may need legislative adjustments to meet the special needs of disaster victims. Several bills that address this issue have been introduced. This report considers whether bankruptcy law in general, and the new law in particular, may present unique challenges to financial recovery for those whose life, livelihood, and/or home have been damaged or destroyed. | |||
| RL33154 (PDF, TXT) | The Impact of Hurricane Katrina on the State Budgets of Alabama, Louisiana, and Mississippi | Steven Maguire, Government and Finance Division | November 15, 2005 |
| After major disasters, affected state and local governments face the dual challenge of responding to the crisis and absorbing the economic losses associated with the disaster. Typically, tax revenue collections, both state and local, decline immediately following a disaster. The severity and range of the destruction determine when and to what level tax revenue will rebound. For states, the revenue loss is inopportune given both the cost of repairing government infrastructure and providing assistance to affected local governments and individuals. Most states have emergency funds to tap into when disaster strikes. For catastrophic disasters on the scale of Hurricane Katrina, however, the emergency fund may be insufficient. In cases where the scale of the disaster overwhelms the fiscal capacity of state governments, the states may borrow to finance emergency spending. Each of the states most severely affected by Hurricane Katrina - Alabama, Louisiana, and Mississippi - could be forced to address budget shortfalls with increased borrowing. This report outlines the budget issues facing each of these states. The last section of the report provides a rough approximation of the potential state tax revenue loss in the month (September 2005) following Hurricane Katrina. CRS estimates that if the disaster region lost about half of its economic activity in September 2005, then the state of Alabama would have lost $38.0 million in revenue, Louisiana $179.6 million, and Mississippi $108.0 million. | |||
| RS21392 (PDF, TXT) | Stock Options: The Accounting Issue and Its Consequences | Bob Lyke, Domestic Social Policy Division; and Gary Shorter, Government and Finance Division | November 15, 2005 |
| The Financial Accounting Standards Board (FASB) has issued a long-anticipated rule that stock options must be recognized as an expense on corporation income statements. The previous accounting rule permitted but did not require recognition; corporations that elected to omit the cost of options, as most did, have been able to report higher earnings. Supporters of the old rule argue it encouraged companies to issue options, helping to ensure that executives served the shareholders' interests. Options can be especially useful to cash-constrained start-up companies that cannot pay competitive salaries. Supporters also maintain that options cannot be valued accurately enough to be included on the income statement and that investors otherwise have sufficient information to make informed judgments about company value. Critics of the old rule argue that it encouraged excessive use of options and created incentives for executives to manipulate financial data in order to drive up stock prices. They note that exercised options are deducted in determining corporate income tax liability. FASB provided that the effective date for most companies would be the first fiscal quarter beginning after June 15, 2005, but the U.S. Securities and Exchange Commission (SEC) has given many companies a six-month deferral. H.R. 913 (Representative Dreier) would require enhanced disclosure of companies' stock options and a three-year study of its effects, during which time new accounting standards on options would not be recognized. | |||
| 98-635 (PDF, TXT) | Assignments to Senate Subcommittees | Judy Schneider, Government and Finance Division | November 15, 2005 |
| 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. | |||
| RL32011 (PDF, TXT) | Trade Agreements: Procedure for Congressional Approval and Implementation | Vladimir N. Pregelj, Foreign Affairs, Defense, and Trade Division | November 16, 2005 |
| 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. This report presents the individual statutes setting out the procedures for relevant legislative action in a functional time-table, together with references to their public-law and U.S. Code alphanumerical designations. | |||
| RS21850 (PDF, TXT) | Military Courts-Martial: An Overview | Jennifer K. Elsea, American Law Division | November 16, 2005 |
| Reports of abuse of detainees held by U.S. military forces in Iraq have drawn attention to the role of military discipline and the military justice system. Under its authority to regulate the armed forces, Congress enacted the Uniform Code of Military Justice (UCMJ) to prescribe criminal law and trial procedure for the armed forces. The President implements the UCMJ by issuing the Manual for Courts-Martial (MCM). This report provides an overview of military courts-martial: jurisdiction, potential punishments, and the appeals process. | |||
| RL33151 (PDF, TXT) | Committee Controls of Agency Decisions | Louis Fisher, Government and Finance Division | November 16, 2005 |
| This reports explains the origin, growth, and persistence of committee controls over executive agency decisions in the face of repeated legal and constitutional objections by various Administrations. By reviewing the origin of committee controls six to seven decades ago, one is better able to understand how and why these committee-agency relationships were forged, and why some committee-veto provisions have survived after the Supreme Court, in INS v. Chadha (1983), declared the legislative veto unconstitutional. What is interesting about the continuation of committee review procedures after Chadha is that they appear not merely in statutory provisions (objected to regularly by Presidents in their signing statements) but in agency budget manuals as well. That is, despite constitutional objections raised by Presidents and the Justice Department, executive departments and agencies have found it both practicable and necessary to submit certain proposals to designated committees for their review and approval. | |||
| RL31026 (PDF, TXT) | General Overview of United States Antitrust Law | Janice E. Rubin, American Law Division | November 17, 2005 |
| This report 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 reference to the prohibition against unfair competition and the "unfairness" jurisdiction of the Federal Trade Commission (FTC). | |||
| RL33161 (PDF, TXT) | The Joint Tactical Radio System (JTRS) and the Army's Future Combat System (FCS): Issues for Congress | Andrew Feickert, Foreign Affairs, Defense, and Trade Division | November 17, 2005 |
| The Joint Tactical Radio System (JTRS) is a Department of Defense (DOD) program that would play a significant role in the U.S Army's proposed Future Combat System (FCS) program. (For a more detailed description of the FCS program see CRS Report RL32888, The Army's Future Combat System(FCS): Background and Issues for Congress, by Andrew Feickert.) JTRS, envisioned as a family of software programmable radios, has been described as the "backbone" of the FCS and is intended to link the 18 manned and unmanned systems that would constitute FCS. Two JTRS sub-programs managed by the Army - Cluster One and Cluster Five - have experienced developmental difficulties, delays, and cost overruns which calls into question their viability. | |||
| RL33156 (PDF, TXT) | Haiti: International Assistance Strategy for the Interim Government and Congressional Concerns | Maureen Taft-Morales, Foreign Affairs, Defense, and Trade Division | November 17, 2005 |
| The Interim Cooperative Framework addresses many congressional concerns regarding development in Haiti: promotion of democratic governance and political stability; effective and transparent use of domestic and international funds; and economic development and reduction of poverty. The main congressional concerns expressed regarding the Donors Conference strategy are the rate at which funds are being disbursed and the effectiveness of the aid being provided. Both donors and the interim Haitian government share responsibility for the initially slow disbursement of funds. Disbursement has increased, but Haiti's capacity to absorb funds, donors' concerns over transparency of government spending, and political instability continue to pose obstacles to the execution of the ICF programs. | |||
| RL33163 (PDF, TXT) | Drug Crop Eradication and Alternative Development in the Andes | Connie Veillette and Carolina Navarrette-Frias, Foreign Affairs, Defense, and Trade Division | November 18, 2005 |
| The United States has supported drug crop eradication and alternative development programs in the Andes for decades. Colombia, Bolivia, and Peru collectively produce nearly the entire global supply of cocaine. In addition, Colombia has become a producer of high quality heroin, most of it destined for the United States and Europe. The United States provides counternarcotics assistance through the Andean Counterdrug Initiative (ACI). The program supports a number of missions, including interdiction of drug trafficking, illicit crop eradication, alternative development, and rule of law and democracy promotion. From FY2000 through FY2005, the United States has provided a total of about $4.3 billion in ACI funds. Since 2001, coca cultivation in the Andes has been reduced by 22%, with the largest decrease occurring in Colombia, according to the State Department. Opium poppy crops, grown mainly in Colombia and from which heroin is made, have been reduced by 67%. However, the region was still capable of producing 640 metric tons of cocaine, and 3.8 metric tons of heroin in 2004, according to the White House Office of National Drug Control Policy. Congress has expressed a number of concerns with regard to eradication, especially the health and environmental effects of aerial spraying, its sustainability and social consequences, and the reliability of drug crop estimates. With regard to alternative development, Congress has expressed interest in its effectiveness, its relationship to eradication, and the long-term sustainability of programs once they are started. | |||
| RL33166 (PDF, TXT) | Muslims in Europe: Integration Policies in Selected Countries | Paul Gallis, Kristin Archick, Francis Miko, and Steven Woehrel, Foreign Affairs, Defense, and Trade Division | November 18, 2005 |
| This report examines the integration of Muslims into the United Kingdom, France, Germany, and Spain. It also examines policies at the European Union (EU) level that affect Muslim populations. However, key policies relating to integrating Muslims into society largely lie with individual governments. The countries examined in this report have held debates on a spectrum of policies, from accepting "multiculturalism" to requiring full assimilation. Britain has most fully embraced "multiculturalism," until recently. The terrorist bombings in London of July 2005 have triggered a vigorous debate on policies to encourage more rapid integration. | |||
| RL31872 (PDF, TXT) | Unmanned Aerial Vehicles: Background and Issues for Congress | Harlan Geer and Christopher Bolkcom, Foreign Affairs, Defense, and Trade Division | November 21, 2005 |
| In the past, tension has existed between the services' efforts to acquire UAVs and congressional initiatives to encourage a consolidated DOD approach. Some observers argue that the result has been a less than stellar track record for the UAV. However, reflecting the growing awareness and support in Congress and the Department of Defense for UAVs, investments in unmanned aerial vehicles have been increasing every year. DoD spending on UAVs has increased from $284 million in Fiscal Year 2000 to $2.1 billion in FY2005. Congressional considerations include the proper pace, scope, and management of DoD UAV procurement; appropriate investment priorities for UAVs versus manned aircraft; UAV future roles and applications; personnel issues; industrial base issues; and technology proliferation. | |||
| RS22313 (PDF, TXT) | Emergy and Mineral Issues in the FY2006 Budget Reconciliation Bill | Marc Humphries, Resources, Science, and Industry Division | November 22, 2005 |
| 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 federal lands, and begin an oil shale and tar sands leasing program. The House Rules Committee, however, approved a closed rule (H.Res. 542) for the budget reconciliation package, including an amendment that would remove from the bill, the ANWR and OCS provisions described above. On November 18, 2005, the House approved its version of the budget bill, H.R. 4241, passed as S. 1932 (without the ANWR and OCS provisions), by a vote of 217-215. The Congressional Budget Office estimates offsetting receipts from resource development on federal lands in the House-approved bill to be $286 million and in the Senate version to be $2.66 billion between 2006-2010. | |||
| RL32624 (PDF, TXT) | Green Payments in U.S. and European Union Agricultural Policy | Charles E. Hanrahan and Jeffrey Zinn, Resources, Science, and Industry Division | November 22, 2005 |
| Congressional interest in green payments today is driven by pressure from international trade negotiations and the anticipated development of the next farm bill, which will likely contain the U.S. policy responses to the results of these negotiations. These negotiations create considerable uncertainty over future farm program options, and green payments, in some fashion, are widely viewed as an option that could be designed so as to satisfy both international obligations and domestic agriculture constituencies. Differences between the United States and the EU in how green payments have been defined and translated into policy and programs may make consideration of EU agri-environmental policy as a model or source of ideas problematic. This report compares current U.S. and EU efforts in the area of green payments. | |||
| RL32626 (PDF, TXT) | American Bankers Association v. Lockyer: Whether California's Financial Information Privacy Law Has Been Preempted by the Fair and Accurate Credit Transactions (FACT) Act | M. Maureen Murphy, American Law Division | November 23, 2005 |
| P.L. 108-159, the Fair and Accurate Credit Transaction (FACT) Act of 2003, extends a clause in the Fair Credit Reporting Act purporting to preempt state law and, thereby, establish a national standard for sharing of consumer financial information among affiliated companies. The legislative history of the FACT Act indicates awareness that California's Financial Information Privacy Law, enacted in 2003, would be preempted. Nonetheless, on June 30, 2004, a federal court ruled, in American Bankers Association v. Lockyer, that the FACT Act preempted state law only with respect to credit report information and that an anti-preemption clause in the privacy title of P.L. 106-102, the Gramm-Leach-Bliley Act of 1999, permits states to enact more protective laws such as that of California. The federal banking regulators and the Federal Trade Commission joined the plaintiffs in urging the U.S. Court of Appeals for the Ninth Circuit to reverse the decision and to expedite the appeal. On June 20, 2005, the appellate court reversed the district court ruling and found that the FACT Act preempted the California law to the extent that it attempted to regulate communication among affiliated companies of information covered by the FCRA's definition of "information." On October 4, 2005, the district court issued an injunction against enforcement of the California statute's affiliate information sharing provisions, having found that distinguishing information shared among affiliates that is covered by the FACT Act from that which could survive was not practicable. California has appealed this ruling. | |||
| RL33165 (PDF, TXT) | Costs and Benefits of Clear Skies: EPA's Analysis of Multi-Pollutant Clean Air Bills | James E. McCarthy and Larry B. Parker, Resources, Science, and Industry Division | November 23, 2005 |
| This report examines EPA's analysis and adjusts some of its assumptions to reflect current regulations. The most important adjustment is the choice of baseline. The agency's analysis assumes as a baseline that, in the absence of new federal legislation, EPA and the states will take no additional action to control SO2, NOx, Hg, or CO2 emissions beyond those actions finalized by mid-2004. This baseline is put forth despite three rules recently promulgated by EPA that limit SO2, NOx, and Hg emissions on a timeframe similar to that proposed by the Clear Skies legislation. | |||
| RS22334 (PDF, TXT) | Federal Hurricane Recovery Coordinator: Appointment and Oversight Issues | Henry B. Hogue, Government and Finance Division | November 28, 2005 |
| On November 1, 2005, President George W. Bush issued an executive order directing the Secretary of Homeland Security to establish a new position that would coordinate federal Gulf Coast recovery and rebuilding efforts. The executive order specifies that this official "shall be selected by the President and shall be appointed by and report directly to the Secretary." Subsequently, the President selected then-Federal Deposit Insurance Corporation Board of Directors Chair Donald Powell for the new position, and Secretary Michael Chertoff formally appointed him. This method of establishing and making an appointment to a departmental position is unusual, and it may conflict with the constitutional role of Congress in the appointment and oversight processes. | |||
| RL33172 (PDF, TXT) | The Supreme Court's Overruling of Constitutional Preedent: An Overview | George Costello, American Law Division | November 29, 2005 |
| As a general rule, the Supreme Court adheres to precedent, citing the doctrine of stare decisis ("to stand by a decision"). The general rule of stare decisis is not an absolute rule, however, and the Court recognizes the need on occasion to correct what are perceived as erroneous decisions or to adapt decisions to changed circumstances. In deciding whether to overrule precedent the Court takes a variety of approaches and applies a number of different standards, many of them quite general and flexible in application. As a result, the law of stare decisis in constitutional decision making can be considered amorphous and manipulable, and it is difficult to predict when the Court will rely on stare decisis and when it will depart from it. This report cites instances in which the Court has overruled precedent as well as instances in which it has declined to do so, and sets forth the rationales that the Court has employed. | |||
| RS22339 (PDF, TXT) | Trade Liberalization Challenges Post-CAFTA | Raymond J. Ahearn, Foreign Affairs, Defense, and Trade Division | November 30, 2005 |
| Since taking office in January 2001, President Bush has supported trade liberalization through negotiations on multiple fronts: globally, regionally, and bilaterally. During this period, Congress has approved five free trade agreements (FTAs) that the Bush Administration has negotiated and signed. The FTAs are designed to promote broad economic and political objectives, both domestic and foreign. However, the debate in Congress over the last FTA approved - the Central American Free Trade Agreement (CAFTA) - was contentious, sparking concerns about how Congress might consider future trade liberalizing agreements. This report analyses some of the challenges that became apparent in the aftermath of a divisive trade debate and how they could affect consideration of future trade agreements. | |||
| RS21058 (PDF, TXT) | Combating Charitable Fraud: An Overview of State and Federal Law | Angie A. Welborn and Alison Muhlfeld, American Law Division | December 2, 2005 |
| This report provides an overview of the regulation of charitable fundraising and state and federal government efforts to combat charity fraud, including state statutes requiring the registration of charities and professional fundraisers and statutes addressing fraudulent solicitations. Federal Trade Commission actions against fundraisers under the Federal Trade Commission Act, and recent legislative developments targeting charitable fraud are also addressed. | |||
| RS22342 (PDF, TXT) | Parental Notification and Ayotte v. Planned Parenthood of Northern New England | Jon O. Shimabukuro, American Law Division | December 2, 2005 |
| This report discusses Ayotte v. Planned Parenthood of Northern New England, which will be decided by the U.S. Supreme Court this term. The case involves the constitutionality of the New Hampshire Parental Notification Prior to Abortion Act. In November 2004, the U.S. Court of Appeals for the First Circuit invalidated the act because it does not include an explicit exception that would waive the measure's requirements to preserve the health of the pregnant minor. Ayotte, the Attorney General of New Hampshire, contends that a judicial bypass procedure included in the act and other state statutes sufficiently preserve the health of a minor. The Court will review that position, and consider whether the First Circuit applied the correct standard of review when it heard the case in 2004. | |||
| RL31773 (PDF, TXT) | Medicaid and the State Fiscal Crisis of 2000-2003 | Christine Scott, Domestic Social Policy Division | December 2, 2005 |
| This report describes Medicaid financing mechanisms, some of the factors that contribute to the program's spending growth, how Medicaid fits into state budgets, what avenues some states used to control Medicaid spending growth in their budgets, and federal legislative and administrative proposals aimed at affecting the program's fiscal impact. | |||
| 98-394 (PDF, TXT) | Discharge Procedure in the House | Richard S. Beth, Government and Finance Division | December 5, 2005 |
| 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 either 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. | |||
| 98-354 (PDF, TXT) | How Special Rules Regulate Calling up Measures for Consideration in the House | Richard S. Beth, Government and Finance Division | December 5, 2005 |
| A special rule has two key functions: (1) to enable the House to consider a specified measure, and (2) to establish specified terms for considering it. This fact sheet discusses the first function. | |||
| RL33157 (PDF, TXT) | Welfare Reauthorization: A Side-by-Side Comparison of Current Law and Pending Welfare Reauthorization Proposals | Gene Falk, Melinda Gish, Carmen Solomon-Fears, and Emilie Stoltzfus, Domestic Social Policy Division | December 5, 2005 |
| The 109th Congress is considering legislation to reauthorize and amend programs that were created or revised in the 1996 welfare reform law. Early in the 109th Congress, the Senate Finance and Health, Education, Labor, and Pensions Committees approved and reported their welfare reauthorization legislation (respectively, S. 667 and S. 525). Neither bill has yet seen action in the full Senate. In the House, a welfare reauthorization proposal (H.R. 240), introduced by the House Republican Leadership, has also failed to reach the floor. On November 18, 2005, the House passed its budget reconciliation bill (S. 1932), which includes welfare reauthorization legislation similar to that which passed the House in 2002 and 2003. (The House-passed version of S. 1932 is H.R. 4241 as amended and approved by the House.) Welfare reauthorization legislation was not included in the Senate-passed reconciliation bill. This report compares the welfare reauthorization policies proposed in the Senate committee bills with those included in the House-passed budget reconciliation bill. | |||
| RL33175 (PDF, TXT) | Importation of Prescription Drugs: A Side-by-Side Comparison of Current Law, S. 109/H.R. 328, S. 184/H.R. 753, and S. 334/H.R. 700 | Susan Thaul and Donna U. Vogt, Domestic Social Policy Division | December 6, 2005 |
| This report compares the provisions of three approaches to prescription drug importation (represented by three Senate and three House bills) with provisions on the subject in current law. | |||
| RS21408 (PDF, TXT) | NASA's Space Shuttle Program: The Columbia Tragedy, the Discovery Mission, and the Future of the Shuttle | Marcia S. Smith, Resources, Science, and Industry Division | December 6, 2005 |
| 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 has been indefinitely postponed because of a problem that occurred during Discovery's launch that is similar to what led to the loss of Columbia. Two shuttle-related facilities in Mississippi and Louisiana were damaged by Hurricane Katrina, which is further affecting the shuttle schedule. It currently is expected some time in 2006. This report discusses the Columbia tragedy, the Discovery mission, and issues for Congress regarding the future of the shuttle. For more information, see CRS Issue Brief IB93062, Space Launce Vehicles: Government Activities, Commercial Competition, and Satellite Exports, by Marcia Smith. | |||
| RS22326 (PDF, TXT) | Legislative Maps of ANWR | M. Lynne Corn, Resources, Science, and Industry Division; and Pamela Baldwin, American Law Division | December 8, 2005 |
| 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, one with different boundaries than previous maps, and one apparently similar to those in previous bills. This report does not cover the general ANWR controversy, but shows the maps in the two reconciliation bills, and discusses historical maps and the implications of changes. | |||
| RS22340 (PDF, TXT) | Azerbaijan's 2005 Legislative Election: Outcome and Implications for U.S. Interests | Jim Nichol, Foreign Affairs, Defense, and Trade Division | December 8, 2005 |
| 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. Related reports include CRS Issue Brief IB95024, Armenia, Azerbaijan, and Georgia, by Jim Nichol. | |||
| RS22321 (PDF, TXT) | Wagnon v. Prairie Band Potawatomi Nation: State Tax on Motor Fuels Distributed to Indian Tribal Retailers | M. Maureen Murphy, American Law Division | December 9, 2005 |
| On December 6, 2005, the U.S. Supreme Court, in Wagnon v. Prairie Band Potawatomi Nation (No. 94-631), upheld the application of a non-discriminatory Kansas motor fuels tax to gasoline sold by off-reservation distributors to Indian tribal retailers for on-reservation sales. Important to the Court's reasoning were: (1) the fact that the state law specified that the legal incidence of and the liability for paying the tax fell on the distributor; (2) that the transaction being taxed,the receipt of the motor fuels in Kansas by the distributor,took place off-reservation; and (3) that the state taxes were being passed on to beneficiaries of state services,the non-Indian patrons of the tribal gasoline operation and its gaming casino. Wagnon follows a series of cases that have upheld state authority to tax on-reservation tobacco and gasoline sales to non-tribal members, but which have raised questions about the ability of states to collect these taxes because of the bar that tribal sovereign immunity imposes to enforcement actions against Indian tribes. Although legislation has been introduced in several recent Congresses to compel tribes to remit state sales taxes on retail sales to non-Indians, to date no such requirement has been enacted. | |||
| RL33182 (PDF, TXT) | Judge Samuel Alito's Opinions in Freedom os Speech Cases | Henry Cohen, American Law Division | December 9, 2005 |
| 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. | |||
| RL33184 (PDF, TXT) | Califorinia's San Juaquin Valley: A Region in Transition | Tadlock Cowan, Resources, Science, and Industry Division | December 12, 2005 |
| CRS was requested to undertake a study of the San Joaquin Valley (SJV) and a comparison with another U.S. region. The eight-county San Joaquin Valley, part of California's Central Valley, is home to 5 of the 10 most agriculturally productive counties in the United States. By a wide range of indicators, the SJV is also one of the most economically depressed regions of the United States. This report analyzes the SJV's counties and statistically documents the basis of current socioeconomic conditions. The report further explores the extent to which the SJV shares similarities with and differs from the Appalachian Regional Commission (ARC) area and a 68- county Central Appalachian subregion which contains some of the most economically distressed counties in Appalachia. The report also examines the role of federal expenditures in the cities and counties of the SJV. | |||
| RL33193 (PDF, TXT) | The Law of Church and State: Opinions of Judge Samuel Alito | Angie A. Welborn, American Law Division | December 12, 2005 |
| 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 provides an overview of opinions addressing issues related to the law of church and state written by Judge Alito while serving on the Third Circuit and Supreme Court precedent relevant to those cases. Other opinions, which Judge Alito joined but did not write, are also briefly discussed. | |||
| RL32264 (PDF, TXT) | The Budget for Fiscal Year 2005 | Philip D. Winters, Government and Finance Division | December 12, 2005 |
| Presidents generally submit their budget proposals for the upcoming fiscal year (FY) early in each calendar year. The Bush Administration released its FY2005 budget (The Budget of the U.S. Government, Fiscal Year 2005) on February 2, 2004. The multiple volumes contained general and specific descriptions of the Administration's policy proposals and expectations for the budget for FY2005 through FY2009. It contained limited information on the revenue and mandatory spending changes after 2009, and a section on long-term fiscal issues facing the nation. The full set of budget documents (Budget, Appendix, Analytical Perspectives, Historical Tables, among several others) contains extensive and detailed budget information, including estimates of the budget without the proposed policy changes (current service baseline estimates), historical budget data, detailed budget authority, outlay and receipt data, selected analysis of specific budget related topics, and the Administration's economic forecast. In addition to its presentation of the Administration's proposals, the budget documents are an annual reference source for federal budget information, including enacted appropriations. The Administration's annual budget submission is followed by congressional action on the budget. This usually includes the annual budget resolution, appropriations, and, possibly, a reconciliation bill (or bills) as required by the budget resolution. Over the course of deliberation on the budget, the Administration often revises its original proposals as it interacts with Congress and as conditions change in the economy and the world. | |||
| RL33195 (PDF, TXT) | Excited Utterances, "Testimonial" Statements, and the Confrontation Clause | Brian T. Yeh, American Law Division | December 14, 2005 |
| The United States Supreme Court will hear oral argument this term in appeals from two state supreme court cases, Hammon v. Indiana and Davis v. Washington, concerning the admissibility of "excited utterance" statements made by non-testifying witnesses at criminal trials. In the landmark Crawford v. Washington case in 2004, the Court held that the Sixth Amendment's Confrontation Clause forbids hearsay "testimonial" evidence from being introduced against the accused unless the witness is unavailable to testify and the defendant has had a prior opportunity to crossexamine the witness. However, the Crawford Court declined to provide a comprehensive definition of "testimonial," leaving such task "for another day." This omission has caused state and federal courts to struggle over which out-ofcourt statements are "testimonial" for purposes of triggering the Crawford requirements. The confusion has arisen most often in cases involving out-of-court statements made by non-testifying witnesses to investigating police officers at a crime scene or during 911 emergency calls. These "excited utterance" statements have traditionally been admitted into evidence under an exception to the hearsay exclusionary rules followed by courts. However, since Crawford, the lower courts have disagreed over whether spontaneous utterances are considered "testimonial" statements subject to the Sixth Amendment's cross-examination mandate. These two cases offer the Court an opportunity to resolve this uncertainty by more clearly explaining what constitutes "testimonial" statements. The outcome has the potential to impact significantly the strategy and method of prosecuting criminal cases, particularly the use of out-of-court accusations against defendants in domestic violence and gang-related crimes. | |||
| RL33164 (PDF, TXT) | Understanding Government Employment Data After a Natural or Other Disaster, with Special Emphasis on Hurricane Katrina | Gerald Mayer, Domestic Social Policy Division | December 14, 2005 |
| This report describes and compares three sources of government labor force data: (1) the monthly Current Population Survey (CPS), commonly called the household survey, (2) the Current Employment Statistics (CES) survey, commonly called the payroll or establishment survey, and (3) the Local Area Unemployment Statistics (LAUS) program. The report also examines the potential effect of a natural or other disaster on government estimates of employment and unemployment and considers why these estimates may not fully reflect the job loss caused by a disaster. The report gives special emphasis to Hurricane Katrina. According to news and other accounts, the damage to homes and businesses caused by Hurricanes Rita and Wilma was less severe than the damage caused by Hurricane Katrina. Nevertheless, where Rita and Wilma caused damage similar to Katrina, the effects on labor force data may be similar. The Appendix provides a reference guide to the sources of data and labor force concepts discussed in the report. | |||
| RL32997 (PDF, TXT) | Climate Change: Federal Expenditures for Science and Technology | Michael M. Simpson and John R. Justus, Resources, Science, and Industry Division | December 14, 2005 |
| For over 25 years there have been federal programs directly or indirectly related to climate change. Direct programs have focused largely on scientific research to improve the capability to understand climate systems and/or predict climatic change and variability. Energy use has been one major focus of efforts related to possible climate change because carbon dioxide, the major "greenhouse gas," is added to the atmosphere when fossil fuels are burned. All those efforts, which sought to reduce oil imports, manage electricity needs, and address environmental concerns including climate change, involve many parts of the government. Climate science efforts in various agencies have sought to expand scientific understanding of the dynamics of climate and its societal consequences as a basis for policy decisions that rely on improved predictions of future climate conditions and climate impact assessments. This report identifies and discusses direct climate-focused scientific and research programs of the federal government, as well as an array of energy programs that relate indirectly to climate change. | |||
| RL32788 (PDF, TXT) | Trade-Through Rule Reform: The SEC's Depth of Book Alternative | Gary Shorter, Government and Finance Division | December 14, 2005 |
| This report provides an examination of the highly controversial and ultimately rejected DOB proposal. It begins by providing background on the DOB's regulatory origins, then examines: (1) the mechanics of the DOB and some of its precedents; (2) the central arguments and counter arguments surrounding the DOB; (3) how a DOB might have affected institutional investors; (4) technology and cost issues surrounding a DOB; and (5) how the DOB would have fit into the broker's duty of best execution. | |||
| RL31558 (PDF, TXT) | Normal-Trade-Relations (Most-Favored-Nation) Policy of the United States | Vladimir N. Pregelj, Foreign Affairs, Defense, and Trade Division | December 15, 2005 |
| This report defines normal-trade-relations (most-favored-nation) treatment, provides background on the evolution of U.S. most-favored-nation policy, and provides details on developments in the 106th through 109th Congresses, to date. It offers a picture of the current status of trade policy, details current legislation, and includes a chronology of recent events. | |||
| RL33187 (PDF, TXT) | Civil Rights Opinions of U.S. Supreme Court Nominee Samuel Alito: A Legal Overview | Charles V. Dale, American Law Division | December 15, 2005 |
| During his 15 years as a federal appellate judge on the Third Circuit, Judge Alito has written for the majority, concurred, or dissented in several cases alleging discrimination based on race, ethnicity, gender, religion, and other prohibited grounds. His legal position in these cases has varied, depending on the facts and law being applied, and defy rigid or facile classification. Nonetheless, some continuity in judicial approach, both substantive and procedural, may arguably be discerned from a review of several of his significant opinions. | |||
| RL33197 (PDF, TXT) | Relocation of Hurricane Katrina Emergency Appropriations: Defense and Other Issues | Amy Belasco, Foreign Affairs, Defense, and Trade Division | December 15, 2005 |
| On October 28, 2005, President Bush submitted a reallocation request to Congress that would transfer to other agencies $17.1 billion of the $60 billion appropriated to the Federal Emergency Management Agency's (FEMA's) Disaster Relief Fund (DRF) to respond to Hurricanes Katrina, Rita, Wilma, and other disasters. According to the White House, the proposed reallocation is "to undertake response and recovery activities in the affected regions that cannot be funded by FEMA under the Stafford Act," primarily for repair and replacement of federal facilities. The same day, the Administration also submitted a package of rescissions totaling about $2.3 billion to offset part of the cost. This report deals primarily with the reallocation requests. A separate section entitled "The President's Proposed Rescissions" outlines proposed rescissions. | |||
| RL32852 (PDF, TXT) | Energy and Water Development: FY2006 Appropriations | Carl Behrens, Resources, Science, and Industry Division | December 16, 2005 |
| This report is a guide to the regular appropriations bills that Congress considers each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Energy and Water Development. It summarizes the status of the bill, its scope, major issues, funding levels, and related congressional activity. | |||
| RS22109 (PDF, TXT) | The National Oceanic and Atmospheric Administration (NOAA) Budget for FY2006: President's Request, Congressional Appropriations, and Related Issues | Wayne A. Morrissey, Knowledge Services Group | December 16, 2005 |
| This report tracks congressional appropriations action on the President's FY2006 funding request for the National Oceanic and Atmospheric Administration (NOAA). Also, it discusses issues of possible congressional concern about NOAA appropriations for FY2006, such as the U.S. Commission on Ocean Policy Final Report and the President's U.S. Ocean Action Plan, both of which recommend an ocean science initiative led by NOAA. FY2005 emergency supplemental appropriations provided the NOAA National Weather Service with $17.4 million to upgrade U.S. tsunami warning systems. The President requested emergency appropriations for FY2006 for Hurricane Katrina recovery, which would provide the agency an additional $55 million. The Administration and Congress have also considered proposals for a NOAA Organic Act (H.R. 50). | |||
| RL33198 (PDF, TXT) | U.S. Supreme Court Nominee Samuel A. Alito and the Abortion Opinions of the U.S. Court of Appeals for the Third Circuit | Jon O. Shimabukuro, American Law Division | December 16, 2005 |
| On October 31, 2005, Judge Samuel A. Alito was nominated by President George W. Bush to replace retiring Associate Justice Sandra Day O'Connor. During his tenure with the U.S. Circuit Court of Appeals for the Third Circuit, the court considered a number of abortion cases, including Planned Parenthood of Southeastern Pennsylvania v. Casey, a case that was later heard by the U.S. Supreme Court. This report reviews the Third Circuit's notable abortion opinions during Judge Alito's tenure and examines his concurring and dissenting opinions in some of those cases. | |||
| RS22351 (PDF, TXT) | Tax Incentives for Alternative Fuel and Advanced Technology Vehicles | Brent D. Yacobucci, Resources, Science, and Industry Division | December 19, 2005 |
| Alternative fuel and advanced technology vehicles face significant market barriers, such as high purchase price and limited availability of refueling infrastructure. The Energy Policy Act of 2005 (P.L. 109-58) expands and establishes tax incentives that encourage the purchase of these vehicles and the development of infrastructure needed to support them. Among the new provisions are tax credits for the purchase of hybrid vehicles (replacing an existing tax deduction), tax credits for the purchase of advanced diesel vehicles (although it is unclear whether any current vehicles will qualify), and tax credits to expand refueling infrastructure. This report discusses current federal tax incentives for alternative fuel and advanced technology vehicles. It also outlines how the Energy Policy Act of 2005 changes those incentives. | |||
| RL33203 (PDF, TXT) | Habeas Review in Death Penalty Cases: Selected Opinions of Judge Samuel Alito | Alison M. Smith, American Law Division | December 20, 2005 |
| 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. | |||
| RS22095 (PDF, TXT) | Orgaization of American States: A Primer | Clare Ribando, Foreign Affairs, Defense, and Trade Division | December 20, 2005 |
| The Organization of American States (OAS) is an international organization based in Washington, D.C., comprised of 35 Western Hemisphere states. The OAS works to promote democracy, protect human rights, preserve security, expand trade, and address cross-cutting issues of hemispheric concern. In 2001, OAS member-states adopted the Inter-American Democratic Charter, and the organization has made significant efforts to deal with threats to democracy in Bolivia, Haiti, Venezuela, and, more recently, in Nicaragua and Ecuador. In October 2004, the new Secretary General, Miguel Angel Rodriguez, who had proposed a number of reforms to solve the OAS's chronic budget shortfalls, resigned amid allegations of corruption from his tenure as president of Costa Rica. On May 2, 2005, José Miguel Insulza, the former Chilean minister of government, was elected as Secretary General of the OAS. Insulza faces the challenges of solving the organization's budget crisis, preventing further democratic crises in the hemisphere, and implementing the initiatives of the fourth Summit of the Americas held in Mar del Plata, Argentina in November 2005. The United States is the main contributor to the OAS. The FY2005 U.S. regular contribution to the OAS was $55.7 million; the FY2006 contribution is estimated at $65.9 million. | |||
| RS21383 (PDF, TXT) | Ricin: Technical Background and Potential Role in Terrorism | Dana Shea and Frank Gottron, Resources, Science, and Industry Division | Updated December 20, 2005 |
| On February 2, 2004, the deadly toxin ricin was detected in the Dirksen Senate Office Building. Ricin, derived from castor beans, has been identified as a potential bioweapon. Ricin is extremely toxic by ingestion, inhalation, and injection. No treatment or prophylaxis currently exist, though research into new therapies and vaccines against ricin exposure continues. Additionally, research to improve ricin detectors is ongoing. Although the potential of ricin as a military weapon was investigated, it has predominantly been used in small quantities against specific individuals. Most experts believe that ricin would be difficult to use as a weapon of mass destruction, but do not discount its potential as a weapon of terror. Ricin is on the Select Agent list, and its possession, transfer, or use is regulated under domestic and international law. | |||
| RL31111 (PDF, TXT) | Missile Defense: The Current Debate | Steven A. Hildreth, Foreign Affairs, Defense, and Trade Division | December 21, 2005 |
| This report provides background information on the Bush Administration's proposed approach, and discusses key issues relating to it. | |||
| RS22353 (PDF, TXT) | The Individuals with Disabilities Education Act: Schaffer v. Weast Determines Party Seeking Relief Bears the Burden of Proof | Nancy Lee Jones, American Law Division | December 21, 2005 |
| 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 or the school bears the burden of proof in special education due process hearings. On November 14, 2005, the Supreme Court resolved a split in the circuits and held that the burden of proof in an administrative hearing challenging a child's individualized education program is on the party seeking the relief. | |||
| RL31956 (PDF, TXT) | European Views and Policies Toward the Middle East | Kristin Archick, Foreign Affairs, Defense, and Trade Division | December 21, 2005 |
| Some Bush Administration officials and Members of Congress are concerned that the recent vitriolic disputes between Washington and a number of European capitals on Middle East issues could constrain U.S. policies, and erode the broader transatlantic relationship and U.S.-European counterterrorism efforts in the longer term. The 9/11 Commission Report notes that nearly every aspect of U.S. counterterrorism strategy relies on international cooperation, including with European governments and multilateral institutions such as NATO and the European Union (EU). Some provisions in the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) seek to enhance international collaboration against terrorism. The Bush Administration has sought to mend transatlantic relations in its second term, but U.S.-European policy differences over Middle Eastern issues are likely to persist. | |||
| RL33207 (PDF, TXT) | Tax Reconciliation: Scope of the Senate's Power Under the Constitution's Origination Clause to Amend Revenue Legislation | Thomas J. Nicola, American Law Division | December 21, 2005 |
| 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. These cases have limited the phrase "bills for raising revenue" to those that levy taxes for the support of the government generally and not to those that raise revenue for specific programs. They have held that the Senate may attach amendments to raise revenue only to House bills that raise it under this limited interpretation and not to House bills that do not raise revenue. Lower courts have concluded that the Senate may amend a House bill to reduce revenue with Senate text that increases revenue. | |||
| RS22033 (PDF, TXT) | Lasers Aimed at Aircraft Cockpits: Background and Possible Options to Address the Threat to Aviation Safety and Security | Bart Elias, Resources, Science, and Industry Division | December 21, 2005 |
| 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 options to mitigate the threat of lasers include restricting the sale or use of certain laser devices; amending criminal statutes; providing pilots with laser eye protection; expanding and enforcing laser free zones around airports; and educating the public regarding the risks of lasers to aviation safety. On December 12, 2005, the House passed H.R. 1400, a bill that would establish criminal penalties for aiming a laser pointer at an aircraft or its flight path. | |||
| RL32985 (PDF, TXT) | Defining Cable Broadband Internet Access Service: Background and Analysis of the Supreme Court's Brand X Decision | Angie A. Welborn, American Law Division; and Charles B. Goldfarb, Resources, Science, and Industry Division | December 22, 2005 |
| This report provides an overview of the regulatory actions leading up to and an analysis of the Supreme Court's decision in National Cable & Telecommunications Association v. Brand X Internet Services. It also provides a discussion of the possible legal and economic implications of the Court's decision. | |||
| RL32885 (PDF, TXT) | Science, State, Justice, Commerce and Related Agencies (House)/Commerce, Justice, Science and Related Agencies (Senate): FY2006 Appropriations | Ian F. Fergusson and Susan B. Epstein, Foreign Affairs, Defense, and Trade Division | December 23, 2005 |
| This report is a guide to the regular appropriations bills that Congress considers each year. It is designed to supplement the information provided by the House Committee on Appropriations and Senate Subcommittee on Legislative Branch of the Senate Committee on Appropriations. It summarizes the current legislative status of the bill, its scope, major issues, funding levels, and related legislative activity. | |||
| RS22355 (PDF, TXT) | Social Security Administration: Suspension of Benefits for Fugitive Felons | Scott Szymendera, Domestic Social Policy Division | December 27, 2005 |
| 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 guidance related to fugitive felons; an explanation of the limited exception provided in cases of mitigating circumstances; and a brief legislative history of the provisions. | |||
| RL32647 (PDF, TXT) | Government Advertisement of Tourism: Recent Action and Longstanding Controversies | Kevin R. Kosar, Government and Finance Division | December 28, 2005 |
| The Department of Commerce has had an office or administration to promote tourism to foreign citizens through advertisements for much of the past four decades. President John F. Kennedy signed P.L. 87-63, the International Travel Act of 1961 (ITA), on June 29, 1961. It required the Secretary of Commerce to "develop, plan, and carry out a comprehensive program designed to stimulate and encourage travel to the United States by residents of foreign countries." Prior to the enactment of ITA, a number of federal agencies promoted tourism through advertisements and other means. These programs, however, were small and often were undertaken without explicit authorization from Congress. | |||
| RL33223 (PDF, TXT) | Venue: A Legal Analysis of Where a Federal Crime May Be Tried | Charles Doyle, American Law Division | December 28, 2005 |
| Federal law promises criminal defendants a proper venue, i.e., trial in the district in which the federal crime was committed. A crime is committed in any district in which any of its "conduct" elements are committed. Some offenses are committed entirely within a single district; there they must be tried. Others begin in one district and are completed in another. They may be tried where they occur unless Congress has limited the choice of venue for the particular offense. Conspiracy may be tried in any district in which an overt act in its furtherance is committed, at least when the commission of an overt act is an element of the conspiracy statute at issue. Crimes committed beyond the territorial confines of the United States are usually tried in the district into which the accused is first brought. The court may grant a change of venue at the behest of the defendant to avoid undue prejudice, for the convenience of the parties, or for sentencing purposes. This report is available in an abridged form as CRS Report RS22361, Venue: A Brief Look at Federal Law Governing Where a Federal Crime May Be Tried, by Charles Doyle, stripped of the footnotes and most of the citations to authority found in this report. Related reports include CRS Report RS22360, Venue for Federal Criminal Prosecution: Proposals in the 109th Congress, by Charles Doyle. | |||
| RL33083 (PDF, TXT) | Hurricane Katrina: Medicaid Issues | Evelyne Baumrucker, April Grady, Jean Hearne, Elicia Herz, Richard Rimkunas, Julie Stone, and Karen Tritz, Domestic Social Policy Division | December 29, 2005 |
| This report begins with a discussion of Medicaid's rules on eligibility, benefits, and financing in the context of current questions and issues raised by Hurricane Katrina. It then discusses recent actions taken by states, provides information on federal Medicaid waiver authority, and describes current federal legislation dealing with Medicaid and hurricane relief efforts. | |||
| RL33238 (PDF, TXT) | The Benefits of Education | Linda Levine, Domestic Social Policy Division | December 29, 2005 |
| This report provides an overview of the public and private benefits of education. Because it approaches education as an investment, the report does not address the consumption benefits of schooling. It focuses on those benefits for which empirical research has examined the causal effects of education rather than studies that have established an association (correlation) between schooling and other outcomes. It should be noted at the outset that the variable this literature usually employs to represent learning is formal education as opposed to employer-provided on-the-job training or informal learning in the workplace for example. | |||
| RL33217 (PDF, TXT) | U.S. Arms Sales: Agreements with and Deliveries to Major Clients, 1997-2004 | Richard F. Grimmett, Foreign Affairs, Defense, and Trade Division | December 29, 2005 |
| 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 total dollar values of U.S. arms agreements with and deliveries to its top 10 purchasers worldwide for the periods 1997-2000, 2001-2004, and for 2004 alone. | |||
| RL33214 (PDF, TXT) | Federalism: Selected Opinions of Judge Samuel Alito | Kenneth R. Thomas and Todd B. Tatelman, American Law Division | December 30, 2005 |
| 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 of the Family Medical Leave Act which mandates the provision of sick leave for employees with serious health conditions could not be enforced by employees against states agencies or instrumentalities. | |||
| RL33215 (PDF, TXT) | National Security Whistleblowers | Louis Fisher, Government and Finance Division | December 30, 2005 |
| Congress and the President have often collided over access to information within the executive branch. Although executive officials recognize that they have a duty to keep Congress informed and to share agency documents, domestic as well as national security, on some occasions the executive branch will invoke different types of privileges to block congressional access. Congressional committees can issue subpoenas and either house may hold executive officials in contempt for refusing to release documents or to testify. However, those measures are extreme and are taken only after customary efforts to find a compromise have collapsed. In the midst of some of these confrontations, Presidents have issued orders to executive agencies to limit information to Congress, particularly to prevent agency employees from going directly to Congress. Congress has responded with statutes to keep the lanes of information open. In cases involving the reporting of sensitive information related to national security, Congress has balanced the competing interests of keeping lawmakers informed while safeguarding secrets. For example, the Intelligence Community Whistleblower Protection Act of 1998 encourages employees of the Intelligence Community to contact Congress but only through the Intelligence Committees. Introduction Agency whistleblowers operate within a system of mixed messages. On the one hand, the Code of Ethics adopted by Congress in 1958 directs all government employees to "expose corruption wherever discovered." Over the years, agency employees have received credit for revealing problems of defense cost overruns, unsafe nuclear power plant conditions, questionable drugs approved for marketing, contract illegalities and improprieties, and regulatory corruption. On the other hand, exposing corruption can result in their being fired, transferred, reprimanded, denied promotion, or harassed. In 1978, a Senate panel found that the fear of reprisal "renders intra-agency communications a sham, and compromises not only the employee, management, and the Code of Ethics, but also the Constitutional function of congressional oversight itself." | |||
| RL33218 (PDF, TXT) | Immigration: Selected Opinions of Judge Samuel Alito | Michael John Garcia, American Law Division | January 3, 2006 |
| 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. | |||
| 97-936 (PDF, TXT) | Congressional Oversight | Frederick M. Kaiser, Government Division | January 3, 2006 |
| Congressional oversight of policy implementation and administration has occurred throughout the history of the United States government under the Constitution. Oversight - the review, monitoring, and supervision of operations and activities - takes a variety of forms and utilizes various techniques. These range from specialized investigations by select committees to annual appropriations hearings, and from informal communications between Members or congressional staff and executive personnel to the use of extra congressional mechanisms, such as offices of inspector general and study commissions. Oversight, moreover, is supported by a variety of authorities - the Constitution, public law, and chamber and committee rules - and is an integral part of the system of checks and balances between the legislature and the executive. | |||
| RS21652 (PDF, TXT) | Farmers Markets: The USDA Role | Geoffrey S. Becker, Resources, Science, and Industry Division | January 3, 2006 |
| 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. | |||
| RL33221 (PDF, TXT) | Reimbursement of Local Private Nonprofit Organizations Under the Stafford Act | Ann Angelheart, Government and Finance Division | January 4, 2006 |
| Local private nonprofits (PNPs) may be reimbursed by the Federal Emergency Management Agency either for their work to protect the lives of the general public immediately before, during, or after a disaster, or for work associated with the PNP's site, equipment, or facilities. The former may include mass feeding, mass shelter operations, search and rescue operations, or emergency medical services. The latter may include debris removal, protective preparation of the PNP's buildings and equipment, repair or replacement of its buildings or equipment, or the use of temporary buildings or equipment. However, before a local PNP may be reimbursed, it must meet several eligibility requirements, as well as cost-share requirements. | |||
| RS22063 (PDF, TXT) | The National Aeronautics and Space Administration: Overview, FY2006 Budget in Brief, and Key Issues for Congress | Marcia S. Smith and Daniel Morgan, Resources, Science, and Industry Division | January 4, 2006 |
| The National Aeronautics and Space Administration (NASA) conducts U.S. civilian space activities. For FY2006, NASA requested $16,456.3 million. Congress appropriated $16,456.8 million, $500,000 above the request, in the FY2006 Science, State, Justice, Commerce appropriations act (P.L. 109-108), subject to a 0.28% rescission in that act, and a 1% rescission in another appropriations act (P.L. 109-148). The latter act also adds $350 million for NASA for hurricane recovery. Congress passed a FY2007-2008 NASA authorization act (P.L. 109-155) that does not include FY2006 funding. | |||
| RS21720 (PDF, TXT) | Space Exploration: Issues Concerning the "Vision for Space Exploration" | Marcia S. Smith, Resources, Science, and Industry Division | January 4, 2006 |
| 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 September 19, 2005, and estimated the cost of returning humans to the Moon by 2018 (NASA's current goal) at $104 billion. An estimate for sending people to Mars was not provided. This report identifies issues Congress has been considering as it debates the President's Vision. See CRS Issue Brief IB92011, U.S. Space Programs: Civilian, Military, and Commercial, by Marcia S. Smith, for further information. | |||
| RL32277 (PDF, TXT) | How Medicaid Works: Program Basics | Elicia Herz, Jean Hearne, Julie Stone-Axelrad, Karen Tritz, Evelyne Baumrucker, Christine Scott, Chris Peterson, April Grady, and Richard Rimkunas, Domestic Social Policy Division | January 4, 2006 |
| This report summarizes the basic elements of Medicaid. Specifically, it describes federal Medicaid rules governing: (1) who is eligible, (2) what services are covered and how they are delivered, (3) how the program is financed and administered, (4) key provider reimbursement issues, and (5) the significant role of waivers in expanding eligibility and modifying services and health care delivery systems. It concludes with a history of Medicaid legislation enacted since 1996. | |||
| RL33227 (PDF, TXT) | U.S. Assistance to Women in Afghanistan and Iraq: Challenges and Issues for Congress | Rhoda Margesson and Daniel Kronenfeld, Foreign Affairs, Defense, and Trade Division | January 5, 2006 |
| This report reviews U.S. funding for programs directed toward women in Afghanistan and Iraq. Women in these two countries have faced particularly difficult conditions under the Taliban and Baathist regimes. Although there have been notable improvements since the ouster of these regimes in 2001 and 2003, respectively, women still face real challenges in the areas of education, health care, political participation, and, in many cases, basic human rights. The national and international response to the plight of Afghan and Iraqi women may have an important impact not only on the women being directly assisted, but also on their countries as a whole, in terms of more widespread access to education, health care, and political and economic participation. | |||
| RL33183 (PDF, TXT) | Civil Rights of Individuals with Disabilities: The Opinions of Judge Alito | Nancy Lee Jones, American Law Division | January 5, 2006 |
| 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 authored by Judge Alito, as well as selected dissents and decisions where he joined the majority are examined. | |||
| RL33204 (PDF, TXT) | Price Determination in Agricultural Commodity Markets: A Primer | Randy Schnepf, Resources, Science, and Industry Division | January 6, 2006 |
| This report provides a general description of price determination in major U.S. agricultural commodity markets for wheat, rice, corn, soybeans, and cotton. Understanding the fundamentals of commodity market price formation is critical to evaluating the potential effects of government policies and programs (existing or proposed), as well as of trade agreements that may open U.S. borders to foreign competitors. In addition, an understanding of the interplay of market forces over time contributes to flexibility in making policy for what may be short-term market phenomena. The general price level of an agricultural commodity, whether at a major terminal, port, or commodity futures exchange, is influenced by a variety of market forces that can alter the current or expected balance between supply and demand. Many of these forces emanate from domestic food, feed, and industrial-use markets and include consumer preferences and the changing needs of end users; factors affecting the production processes (e.g., weather, input costs, pests, diseases, etc.); relative prices of crops that can substitute in either production or consumption; government policies; and factors affecting storage and transportation. International market conditions are also important depending on the "openness" of a country's domestic market to international competition, and the degree to which a country engages in international trade. | |||
| RL33078 (PDF, TXT) | The Role of HUD Housing Programs in Response to Disasters | Maggie McCarty, Libby Perl, and Bruce Foote, Domestic Social Policy Division | January 6, 2006 |
| Hurricane Katrina has resulted in the displacement of tens of thousands of families from their homes. While its magnitude is unprecedented, the resulting need to shelter and house displaced families is not. The Department of Housing and Urban Development (HUD), the nation's agency with a mission to provide safe and decent housing for all Americans, has played a role in meeting those needs in the past and is playing a role in the wake of Katrina. This report is designed to look at HUD's current programs and their ability and authority to respond to housing crises, and the way that Congress has expanded that role and authority in the past. It does not track the Department's response to Hurricane Katrina; see CRS Report RS22358, HUD's Response to Hurricane Katrina. | |||
| RS22359 (PDF, TXT) | The Environmental Opinions of Judge Samuel Alito | Robert Meltz, American Law Division | January 6, 2006 |
| The nomination of Judge Samuel A. Alito, Jr., to serve on the Supreme Court has prompted close scrutiny of his judicial opinions during 15 years as an appellate judge. A review of the 34 opinions in environmental cases in which Judge Alito participated generally reveals careful reasoning based on straightforward readings of statutes or regulations, without broad philosophical assertions. At the same time, a small number of his opinions arguably suggest endorsement of larger jurisprudential principles that may present hurdles to environmental plaintiffs (through narrow interpretation of a constitutional standing requirement), government enforcement (through stringent evidentiary requirements), and congressional legislating (through a narrow reading of the Commerce Clause). | |||
| RS22361 (PDF, TXT) | Venue: A Brief Look at Federal Law Governing Where a Federal Crime May Be Tried | Charles Doyle, American Law Division | January 6, 2006 |
| Federal law promises criminal defendants a proper venue, i.e., trial in the district in which the federal crime was committed. A crime is committed in any district in which any of its "conduct" elements are committed. Some offenses are committed entirely within a single district; there they must be tried. Others begin in one district and are completed in another. They may be tried where they occur unless Congress has limited the choice of venue for the particular offense. Conspiracy may be tried in any district in which an overt act in its furtherance is committed, at least when the commission of an overt act is an element of the conspiracy statute at issue. Crimes committed beyond the territorial confines of the United States are usually tried in the district into which the accused is first brought. The court may grant a change of venue at the behest of the defendant to avoid undue prejudice, for the convenience of the parties, or for sentencing purposes. This report is an abridged version of CRS Report RL33223, Venue: A Legal Analysis of Where a Federal Crime May Be Tried, by Charles Doyle, stripped of the footnotes and most of the citations to authority found in the longer version. Related reports include CRS Report RS22360, Venue for Federal Criminal Prosecution: Proposals in the 109th Congress, by Charles Doyle. | |||
| RL33329 (PDF, TXT) | Largest Mergers and Acquisitions by Corporations: 2005 | John Williamson, Knowledge Services Group | January 6, 2006 |
| This report provides a listing of the largest U.S. and international mergers (announced value of at least $2 billion) or acquisitions during 2005 through December 31, 2005. Completion dates for the mergers or acquisitions are included and merger or acquisition failures noted. | |||
| RL32211 (PDF, TXT) | International Government-Procurement Obligations of the United States: An Overview | Todd B. Tatelman, American Law Division | January 9, 2006 |
| This report contains an overview of the major procurement agreements to which the United States is a party, including the World Trade Organization (WTO) Agreement on Government Procurement, the procurement chapter of the North American Free Trade Agreement (NAFTA) and provisions from other free trade agreements. In addition, this report highlights major federal laws that relate to the government-procurement obligations of the United States. | |||
| RL33111 (PDF, TXT) | Department of Justice Reauthorization: Provisions to Improve Program Management, Compliance, and Evaluation of Justice Assistance Grants | Nathan James, Domestic Social Policy Division | January 10, 2006 |
| At issue for Congress is whether there needs to be an independent office that has oversight authority over OJP's grant programs and the degree to which that office would enhance or duplicate the efforts that are currently being performed by OJP's grant managers, the National Institute of Justice and the OIG. Additionally, should a stand-alone office be responsible for providing state, local, and tribal governments, as well as nonprofit organizations with training on OJP and other DOJ grant programs compliance? And would such an office be duplicative of other functions already existing within DOJ? This report opens with a description of the current makeup of OJP. It then discusses some of the issues facing OJP that have been identified by GAO and the OIG that have led to the current congressional proposal to restructure the Office. A description of the Violence Against Women and Department of Justice Reauthorization Act of 2005 is discussed and analyzed within the context of restructuring OJP. This report, however, does not discuss the Violence Against Women Act (VAWA) provisions. The report concludes with a discussion of possible issues and questions that could be raised with respect to the act's restructuring OJP. | |||
| RL33017 (PDF, TXT) | Military Quality of Life/VA (House) and Military Construction/VA (Senate): FY2006 Appropriations | Daniel H. Else, Foreign Affairs, Defense, and Trade Division; Paul J. Graney and Sidath Varanga Panangala, Domestic Social Policy Division | January 10, 2006 |
| This report is a guide to one of the 13 regular appropriations bills that Congress considers each year. It is designed to supplement the information provided by the House Military Quality of Life and Veterans Affairs and Senate Military Construction and Veterans Affairs Appropriations Subcommittees. It summarizes the status of the bill, its scope, major issues, funding levels, and related congressional activity, and is updated as events war. | |||
| RL33242 (PDF, TXT) | East Asia Summit (EAS): Issues for Congress | Bruce Vaughn, Foreign Affairs, Defense, and Trade Division | January 11, 2006 |
| The first East Asia Summit (EAS) met on December 14, 2005, in Kuala Lumpur, Malaysia. It brought together the ten Association of Southeast Asian Nations (ASEAN), [Brunei, Burma, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, and Vietnam] as well as the "plus three" states [China, South Korea, and Japan] and Australia, New Zealand, and India, to discuss issues of common concern. Japanese officials have described the EAS as an "historic summit meeting to be held with a view to establishing a future East Asia Community." Such a group could potentially replace Asia Pacific Economic Cooperation (APEC) as the main multilateral forum in Asia on trade and investment liberalization and economic integration. Russia was invited to attend the EAS as a special guest. Some in the United States are concerned that the East Asia Summit marks a rise in Asian regionalism in which the United States is not playing a leading role. There is also concern that China may use the East Asia Summit to consolidate a leading role in Asia. A key outcome of the first East Asia Summit is that ASEAN appears to have retained a central role in the process. | |||
| RL32774 (PDF, TXT) | Plan Colombia: A Progress Report | Connie Veillette, Foreign Affairs, Defense, and Trade Division | January 11, 2006 |
| Because Plan Colombia is a six-year plan that expired at the end of 2005, Congress has been and will likely continue assessing its progress in light of the Administration request to continue ACI funding, the latter having no statutory enddate. The House-passed FY2005 Foreign Operations Appropriations Act (H.R. 4818) expressed concern that the FY2005 budget request increased ACI levels for Colombia, despite its scheduled conclusion. The language noted the Committee's expectation that the FY2006 request for Colombia would be less. However, the FY2006 request essentially maintained the same level of funding for Colombia, $463 million. The House version of the FY2006 Foreign Operations Appropriations Act (H.R. 3057/H.Rept. 109-152), while essentially approving the Administration's request, directed the Secretary of State to report to the Committee on a "future, multiyear strategy" for Colombia. | |||
| RL32945 (PDF, TXT) | FY2006 Appropriations for the Department of Transportation | David Randall Peterman, Resources, Science, and Industry Division | January 11, 2006 |
| The conference version of H.R. 3058 was passed by Congress on November 18, 2005; the President signed the bill into law on November 30, 2005 (P.L. 109-115). The conference bill provided $60.7 billion for the Department of Transportation, less than either the House or Senate version, but $1.0 billion over FY2005 funding and $2.4 billion more than requested. On December 30, 2005, the President signed the FY2006 Department of Defense appropriations bill (P.L. 109-148), which included a one percent across-the-board rescission of non-emergency federal discretionary funding for FY2006 and $2.8 billion in supplemental funding to DOT for response to the consequences of Hurricanes Katrina, Rita, and Wilma. | |||
| RL33177 (PDF, TXT) | Terrorism Risk Insurance Legislation: Issue Summary and Side-by-Side | Baird Webel, Government and Finance Division | January 12, 2006 |
| This report outlines the issues involved with terrorism insurance and includes a side-by-side of the initial TRIA, TRIA-extension legislation as considered in the House and Senate, and the final bill as signed by the President. | |||
| RL32882 (PDF, TXT) | The Rise of China and Its Effect on Taiwan, Japan, and South Korea: U.S. Policy Choices | Dick K. Nanto and Emma Chanlett-Avery, Foreign Affairs, Defense, and Trade Division | January 13, 2006 |
| This report examines the rise of China and forces of globalization (the nternationalization of markets, politics and legal systems) in an emerging new order in northeast Asia. China is rapidly becoming the economic heavyweight in Asia, and this is having a major effect on the PRC's relationships with Japan, Taiwan, and South Korea. The focus of this report is on the use of "soft power" (as contrasted with "hard" military power) in inducing China, Taiwan, Japan, and South Korea to pursue certain policy paths and how that affects U.S. policy and goals. This report examines trade and investment flows along with increased communication and travel to see how they are altering the basic cost-benefit calculations related to the security of these nations and how Taiwan, Japan, and South Korea are responding to the rise of China. A focus of this report is whether globalization is working to induce northeast Asia nations to behave in ways that promote peace and stability in the region and to ease tensions. | |||
| RL32868 (PDF, TXT) | Mercury Emissions from Electric Power Plants: An Analysis of EPA's Cap-and-Trade Regulations | James E. McCarthy, Resources, Science, and Industry Division | January 13, 2006 |
| 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. | |||
| RS22274 (PDF, TXT) | Egypt: 2005 Presidential and Parliamentary Elections | Jeremy M. Sharp, Foreign Affairs, Defense, and Trade Division | January 15, 2006 |
| 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 candidates affiliated with the outlawed Muslim Brotherhood winning nearly 20% of seats, a dramatic gain from previous elections. This report provides an overview of both elections and their implications for U.S. policy. For more information on Egypt, see CRS Report RL33003, Egypt: Background and U.S. Relations, by Jeremy M. Sharp. | |||
| RS21071 (PDF, TXT) | Medicaid Expenditures, FY2003 and FY2004 | Karen Tritz, Domestic Social Policy Division | January 17, 2006 |
| Medicaid is a health insurance program jointly funded by the states and the federal government. Generally, eligibility is limited to low-income children, pregnant women, parents of dependent children, people with disabilities, and the elderly. Each state designs and administers its own program within broad federal guidelines. The federal government shares in a state's Medicaid costs by means of a statutory formula based on a state's per capita income, adjusted annually. The federal medical assistance percentage (FMAP) is the percentage of Medicaid benefit costs paid for by the federal government. FMAPs must not fall below 50% and may not exceed 83%. During FY2003 and FY2004, the federal government financed about 59% of all Medicaid costs. In FY2003, federal payments for health care services and administration of the Medicaid program totaled $161 billion, 9.7% higher than in FY2002. Combined state and federal spending in FY2003 for Medicaid totaled $275 billion, a 6.9% increase over FY2002. In FY2004, federal payments for health care services and administration of the Medicaid program totaled $174 billion, 8.6% higher than in FY2003. Combined state and federal spending for Medicaid totaled $295 billion in FY2004, a 7.2% increase over FY2003. | |||
| RS21875 (PDF, TXT) | EU Enlargement: Economic Implications for the United States | William H. Cooper, Foreign Affairs, Defense, and Trade Division | January 17, 2006 |
| 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 changes and their potential economic impact on the United States. Many Members of Congress have been monitoring the potential effects of enlargement on the U.S. economy, particularly agriculture, and they will likely continue to do so during the second session of the 109th Congress. | |||
| RL33252 (PDF, TXT) | Germany's "Grand Coalition" Government: Prospects and Implications | Francis T. Miko, Foreign Affairs, Defense, and Trade Division | January 17, 2006 |
| A "grand coalition" government of Germany's two largest parties, the Christian Democratic Union/Christian Socialist Union1 (CDU/CSU) and the Social Democrats (SPD) led by CDU candidate Angela Merkel took office on November 22, 2005, after the two parties worked out an agreement on a coalition governing program. The German federal election of September 18, 2005, had produced no clear winner or direction for the next government. Some see this government as short-lived and unlikely to succeed, while others believe that only such a coalition has the combined strength to implement potentially painful but needed economic and social benefits reforms, assuming that it can overcome partisan politics. Foreign policy is likely to play a secondary and less contentious role, given the press of domestic business and a general consensus on most international issues. The atmosphere of U.S.- German relations has already improved since the Merkel government took office, as reflected by the successful first official visit of Chancellor Merkel to Washington on January 13, 2006. | |||
| RL33235 (PDF, TXT) | Banking and Securities Regulation and Agency Enforcement Authorities | William D. Jackson, Mark Jickling, and Gary Shorter, Government and Finance Division; M. Maureen Murphy and Michael V. Seitzinger, American Law Division | January 17, 2006 |
| The federal bank regulatory agencies - the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and the Office of Thrift Supervision - have extensive authority to enforce various legal and regulatory standards with respect to the banking institutions that they supervise. Similarly, the Securities and Exchange Commission (SEC) has a wide range of tools to enforce the securities laws. This report provides a brief sketch of these authorities and identifies the organizational entities within each agency that Congress assigns enforcement responsibilities. It includes a table comparing the formal enforcement tools that the banking agencies may use with those of the SEC. | |||
| RL31825 (PDF, TXT) | Personal Reemployment Accounts: Results from Bonus Experiments | Linda Levine and Ann Lordeman, Domestic Social Policy Division | January 17, 2006 |
| This report begins by briefly summarizing the relevant provisions contained in legislation pending before the 109th Congress. It then compares the design elements of the state bonus experiments with those of the bonus demonstrations included in legislation to reauthorize the Workforce Investment Act and in a Program Year (PY) 2004 project of the U.S. Department of Labor (DOL). The report closes with a review of the results of selected state bonus experiments. | |||
| RL32975 (PDF, TXT) | Veterans' Medical Care: FY2006 Appropriations | Sidath Viranga Panangala, Domestic Social Policy Division | January 17, 2006 |
| This report provides: (1) an overview of the federal appropriation process; (2) an overview of VHA's enrollment process and its enrollment priority groups; (3) a summary of funding levels for VHA for FY2005; (4) a discussion of the FY2005 and FY2006 budget shortfall; (5) a discussion of supplemental appropriations for expenses related to Gulf Coast hurricanes and avian flu preparation; and (6) an analysis of total VHA funding for FY2006, followed by a discussion of the Administration's major budget proposals for FY2006. | |||
| RS22075 (PDF, TXT) | Medical Malpractice Liability Reform: S. 354, 109th Congress | Henry Cohen, American Law Division | January 18, 2006 |
| 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 liability, abolish the collateral source rule, limit lawyers' contingent fees, enact a federal statute of limitations, and provide for periodic payment of future damages. | |||
| RL31692 (PDF, TXT) | Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages | Henry Cohen, American Law Division | January 18, 2006 |
| This report explains specific tort reform proposals that have been included in past legislation, and discusses their individual pros and cons from a legal perspective. These proposals include imposing caps on noneconomic damages and punitive damages, permitting defendants to be held liable for no more than their share of responsibility for a plaintiffs injuries, requiring that damage awards be reduced by amounts plaintiffs receive from collateral sources such as health insurance, limiting lawyers contingent fees, creating a federal statute of limitations, and requiring that awards of future damages in some cases be paid periodically rather than in a lump sum. An appendix to this report presents a chart of current state caps on punitive damages and noneconomic damages. | |||
| RS22054 (PDF, TXT) | Medical Malpractice Liability Reform: H.R. 534, 109th Congress | Henry Cohen, American Law Division | January 18, 2006 |
| 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 not enact caps), eliminate joint and several liability, modify the collateral source rule, limit lawyers' contingent fees, enact a federal statute of limitations, and provide for periodic payment of future damages. | |||
| RL31721 (PDF, TXT) | Punitive Damages in Medical Malpractice Actions: Burden of Proof and Standards for Awards in the Fifty States | Henry Cohen, American Law Division; and Tara Alexandria Rainson, Knowledge Services Group | January 18, 2006 |
| This report consists of a chart setting forth the burden of proof and standards for awards of punitive damages in medical malpractice suits in the fifty states. Most of the provisions listed in the chart apply to punitive damages not only in medical malpractice cases, but in other tort cases as well. Where punitive damages prohibited appears, the prohibition may be limited to medical malpractice cases, or it may apply to other tort cases as well. | |||
| RL33244 (PDF, TXT) | Mexico's Importance and Multiple Relationships with the United States | K. Larry Storrs, Foreign Affairs, Defense, and Trade Division | January 18, 2006 |
| This report provides information on the importance of Mexico to U.S. interests and catalogues the many ways Mexico and the United States interact. The report is a snapshot of the bilateral relationship at the beginning of 2006. | |||
| RS21483 (PDF, TXT) | Education Technology Programs, Title II Part D of the Elementary and Secondary Education Act | Charmaine Mercer, Domestic Social Policy Division; and Bonnie Mangan, Knowledge Services Group | January 18, 2006 |
| The Enhancing Education Through Technology Act of 2001 (Title II, Part D of the Elementary and Secondary Education Act [ESEA]) establishes the EdTech grant program. The purpose of EdTech is to improve student academic achievement by utilizing technology in schools. This report describes the EdTech program, including the allocation of grant funds to state and local education agencies; provides annual appropriations data for the program; and discusses the applicability of child Internet protection to EdTech grantees. In addition, Title II, Part D includes the Ready-to-Learn Television program, which is also described in this report. | |||
| RL32420 (PDF, TXT) | Mercury in the Environment: Sources and Health Risks | Linda-Jo Schierow, Resources, Science, and Industry Division | January 19, 2006 |
| This report provides background information about mercury, and summarizes recent scientific findings. It discusses the sources (i.e., natural versus industrial, historic versus modern) and chemical forms of mercury in the environment; how mercury moves through the environment and concentrates in fish (i.e., the fate of mercury); and the risks to human health and wildlife of mercury exposure through fish consumption. Each of these major sections of the report aims to summarize scientific evidence relevant to specific arguments and questions that have emerged in the policy context. | |||
| RL31325 (PDF, TXT) | The Federal Migrant Education Program as Amended by the No Child Left Behind Act of 2001 | Jeffrey J. Kuenzi, Domestic Social Policy Division | January 19, 2006 |
| This report describes the legislative and funding history of the federal Migrant Education Program, highlighting important changes made since it was established. A section on evaluations of the program is included. | |||
| RL33260 (PDF, TXT) | Papua, Indonesia: Issues for Congress | Bruce Vaughn, Foreign Affairs, Defense, and Trade Division | January 19, 2006 |
| The ongoing investigation into the killing of two American citizens, current human rights conditions, and reports of an Indonesian military build-up in Papua have led to increased Congressional attention to Indonesia's eastern-most territory. Papua, for the purposes of this report, refers to the resource rich western half of the island of New Guinea and not the nation or people of Papua New Guinea which is situated on the eastern half of the Island. While the people of Papua have been subject to human rights abuses while under Indonesian rule, the ongoing expansion of democracy and civil society in Indonesia and the leadership of President Yudhoyono hold out the possibility that the human rights situation in Papua may improve. Some view the current improvement in the bilateral relationship between the United States and Indonesia as providing an enhanced opportunity for the United States to continue to support the expansion of democracy, the rule of law, civil society, and human rights while developing closer military-to-military relations with a valuable partner in the war against terror and a key geopolitical actor in the Southeast Asian region. Such policies, by fostering a more democratic and open society, may also contribute to an improved human rights situation in Papua. Others, including some Members of Congress, contend that Indonesia's failure thus far to bring to trial those responsible for the Timika incident and other human rights abuses, suggests that the Indonesian military (TNI) remains, at least in part, outside government control and that the United States should continue to suspend some kinds of military assistance. The recent arrest of Anthonius Wamang, who is thought to have carried out the attack which killed two Americans near Timika in 2002, may resolve what has been a key obstacle to improved military-to-military ties between Indonesia and the United States. It also has the potential to raise further questions concerning the incident. | |||
| RL32707 (PDF, TXT) | Avoiding Gridlock in the Skies: Issues and Options for Addressing Growth in Air Traffic | Bartholomew Elias, Resources, Science, and Industry Division | January 19, 2006 |
| This report examines: factors influencing the forecast growth and changing characteristics of flight operations in the national airspace system; factors affecting the ability to expand airport and airspace capacity to meet future demands; and the impact of capacity constraints on flight operations and aviation safety. This report also examines several possible strategies to expand system capacity, many of which are being implemented or evaluated by the FAA and Congress. These strategies fall into four broad categories: 1) airport expansion and infrastructure improvements; 2) technology options to improve traffic flow and safely reduce aircraft separation; 3) strategic plans and tactical tools to improve traffic flow and respond to delay-inducing events; and 4) market based solutions to alter the demand characteristics of flight operations at busy airports and in congested airspace. Finally, this report examines the fiscal needs and funding challenges associated with implementing both near-term and long-term programs to improve aviation system capacity. | |||
| RL31123 (PDF, TXT) | Early Childhood Education: Preschool Participation, Program Efficacy, and Federal Policy Issues | Gail McCallion, Domestic Social Policy Division | January 19, 2006 |
| This report examines what we currently know about preprimary programs including numbers of children served and their family characteristics; as well as data on the efficacy of preprimary programs in enhancing later learning and other life skills. Current federal programs that serve preschool age children are described, and policy issues which may arise as the federal role in early childhood education is debated, are discussed. | |||
| RS21451 (PDF, TXT) | Retirement Savings Accounts: Presidents Budget Proposal for FY2006 | Patrick J. Purcell, Domestic Social Policy Division | January 19, 2006 |
| The President's proposed budget for FY2006 would establish Lifetime Savings Accounts (LSAs) that could be used for any type of saving, and from which withdrawals could be made at any time, and Retirement Savings Accounts (RSAs) that could be used for retirement saving. In addition, beginning in 2006, several kinds of employersponsored retirement plans would be consolidated into Employer Retirement Savings Accounts (ERSAs). Qualification rules in the tax code would be simplified, while other rules governing ERSAs would conform substantially to those that apply to §401(k) plans. | |||
| RS21837 (PDF, TXT) | Implications of the Medicare Prescription Drug Benefit for Dual Eligibles and State Medicaid Programs | Karen Tritz, Domestic Social Policy Division | January 19, 2006 |
| The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA, P.L. 108-173), added a new Medicare prescription drug benefit, which was implemented in January 2006. This benefit has a significant effect on Medicaid beneficiaries who also have Medicare coverage (i.e., "dual eligibles") and on state Medicaid programs, as discussed in this report. In fact, this group is the focus of recent implementation concerns regarding the new benefit. The report does not include changes to Medicaid that may be made if the Deficit Reduction Act of 2005 (S. 1932) is enacted. | |||
| RL32905 (PDF, TXT) | Transportation, the Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, the Executive Office of the President, and Independent Agencies: FY2006 Appropriations | David Randall Peterman and John Frittelli, Resources, Science, and Industry Division | January 20, 2006 |
| This report is a guide to one of the regular appropriations bills that Congress considers each year. It is designed to supplement the information provided by the Subcommittee on Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia of the House Committee on Appropriations, and by the Subcommittee on Transportation, Treasury, the Judiciary, Housing and Urban Development, and Related Agencies of the Senate Committee on Appropriations. It summarizes the current legislative status of the bill, its scope, major issues, funding levels, and related legislative activity. | |||
| RL32791 (PDF, TXT) | Congressional Budget Actions in 2005 | Bill Heniff, Jr., Government and Finance Division | January 20, 2006 |
| During the first session of the 109th Congress, the House and Senate considered many different budgetary measures. Most of them pertained to fiscal year (FY) 2006 and beyond, but some made adjustments to the budget for FY2005. This report describes House and Senate actions on major budgetary legislation within the framework of the congressional budget process and other procedural requirements. Congress typically begins its annual budget process once the President submits his budget for the upcoming fiscal year. President George W. Bush submitted his FY2006 budget to Congress on February 7, 2005. | |||
| RL33208 (PDF, TXT) | Condemnation of Private Property for Economic Development: Legal Comments on the House-Passed Bill (H.R. 4128) and Bond Amendment | Robert Meltz, American Law Division | January 20, 2006 |
| The main topic of this report is the principal "Kelo bill" in Congress at this time, H.R. 4128, the Private Property Protection Act of 2005. H.R. 4128 hews to the prevalent congressional approach to Kelo: imposing a condemnation-restricting condition on the grant of federal money. It was originally introduced as H.R. 3135 by Representative Sensenbrenner, chairman of the House Committee on the Judiciary, one week after the Kelo decision. It was reported in greatly expanded form as H.R. 4128 and passed the House 376-38 on November 3, 2005. This report also examines a bill amendment introduced by Senator Bond, like H.R. 4128 a federal-money-restricting provision. The Bond Amendment was added on the Senate floor to H.R. 3058, the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act for FY2006. H.R. 3058 was enacted November 30, 2005, as P.L. 109-115, with the Bond Amendment as Section 726. | |||
| RL32758 (PDF, TXT) | U.S. Military Operations in the Global War on Terrorism: Afghanistan, Africa, the Philippines, and Colombia | Andrew Feickert, Foreign Affairs, Defense, and Trade Division | January 20, 2006 |
| U.S. military operations as part of the Global War on Terrorism (GWOT) began on October 7, 2001 and continue today. The military component is just one aspect in this endeavor which also involves diplomacy, intelligence, law enforcement, and financial efforts intended to defeat terrorists around the world. This report focuses on U.S. military operations in four areas Afghanistan, Africa, the Philippines, and Colombia although the U.S. military is likely engaged in a variety of activities in other countries or regions that are considered part of the GWOT by the Administration. | |||
| RL32856 (PDF, TXT) | Environmental Protection Agency: Appropriations for FY2006 | Robert Esworthy and David Bearden, Resources, Science, and Industry Division | January 20, 2006 |
| This report indicates congressional action on funding f | |||