| Number | Title | Author | Date |
|---|---|---|---|
| RS22625 (PDF, TXT) | National Aeronautics and Space Administration: Overview, FY2008 Budget in Brief, and Key Issues for Congress | Daniel Morgan and Carl E. Behrens, Resources, Science, and Industry Division | January 9, 2008 |
| The National Aeronautics and Space Administration (NASA) conducts U.S. civilian space and aeronautics activities. For FY2008, the Administration requested $17.309 billion for NASA, an increase of 6.4% from the FY2007 regular appropriation of $16.264 billion. The 2005 authorization act authorized $18.686 billion. The House provided $17.623 billion. The Senate provided $17.460 billion, including $1 billion in emergency funding. The final appropriation was $17.309 billion. The key issue for Congress is implementation of the Vision for Space Exploration, including development of new vehicles for human spaceflight, plans for the transition to these vehicles after the space shuttle is retired in 2010, and the balance in NASA's priorities between human space exploration and the agency's other activities in science and aeronautics. | |||
| RS22746 (PDF, TXT) | SCHIP: Differences Between H.R. 3963 and H.R. 976 | Evelyne P. Baumrucker, April Grady, Elicia J. Herz, and Chris L. Peterson, Domestic Social Policy Division | January 9, 2008 |
| The 110th Congress has considered reauthorization legislation that would make important changes to Medicaid and SCHIP, including the Senate-passed Children's Health Insurance Program Reauthorization Act of 2007 (S. 1893/H.R. 976) and the House-passed Children's Health and Medicare Protection Act of 2007 (H.R. 3162). A bicameral agreement on SCHIP reauthorization passed the House on September 25 and the Senate on September 27 as an amendment to H.R. 976. President Bush vetoed H.R. 976 on October 3. The House sustained the President's veto with a vote on October 18. The House passed H.R. 3963, a modified version of the vetoed H.R. 976, on October 25, 2007, with a vote of 265 to 142. The Senate passed H.R. 3963 on November 30, 2007, with a vote of 64 to 30. The President vetoed H.R. 3963 on December 12, 2007. This report summarizes the differences between the two bills across key provisions. | |||
| RL31625 (PDF, TXT) | Foreign Language and International Studies: Federal Aid Under Title VI of the Higher Education Act | Jeffrey J. Kuenzi, Domestic Social Policy Division | January 9, 2008 |
| Title VI of the Higher Education Act (HEA, P.L. 89-329, as amended) - International Education Programs - authorizes a variety of grants to institutions of higher education (IHEs) and related institutions for the purpose of enhancing instruction in foreign language and area studies (FLAS). This is one of the oldest, continuous programs of federal support to higher education, having been initiated as Title VI of the National Defense Education Act of 1958 (NDEA, P.L. 85-864). It played a historical role of helping to establish, along with non-governmental support from certain foundations, multi-disciplinary "area studies" departments in many colleges and universities, especially during the late 1950s and 1960s. Throughout its life, the program has also supported courses and programs in less commonly taught languages or world regions.1 The long history of this program reflects the special priority placed by the federal government on FLAS, especially with respect to diplomacy, national security, and trade competitiveness. Interest in HEA Title VI and other federal programs supporting FLAS has increased recently as a result of concerns regarding terrorism arising from foreign regions which are infrequently included in American postsecondary curricula, and a related interest in greater expertise in those areas. As with the rest of the HEA, Title VI may be considered for reauthorization by the 110th Congress. This report provides an overview of Title VI programs, and an analysis of reauthorization issues. | |||
| RL31622 (PDF, TXT) | Trio and GEAR UP Programs: Status and Issues | Jeffrey J. Kuenzi, Domestic Social Policy Division | January 9, 2008 |
| This report provides an overview of Title VI programs, and an analysis of reauthorization issues. | |||
| RS22727 (PDF, TXT) | Guatemala: 2007 Elections and Issues for Congress | Miranda Louise Jasper and Colleen W. Cook, Foreign Affairs, Defense, and Trade Division | January 9, 2008 |
| Alvaro Colom, of the center-left Nation Union of Hope (UNE) party, defeated right-wing candidate Otto Pérez Molina of the Patriot Party, in November 4, 2007 runoff elections. President-elect Colom will take office on January 14, 2008. No single presidential candidate won a majority of votes in the first round held on September 9, 2007, in which congressional and mayoral races were also held. The dominant issue in the campaign was security, and the 2007 election campaigns were the most violent since the return to democracy in 1985, with 56 candidates, activists, and family members killed. Since no party won a majority in Congress, the next president will have to build coalitions to achieve his legislative agenda. U.S. interests in Guatemala include consolidating democracy, securing human rights, establishing security and promoting trade, though U.S. immigration policy has been a point of tension in bilateral relations. | |||
| RL33866 (PDF, TXT) | Medicaid, SCHIP, and Health Insurance: FY2008 Budget Issues | April Grady, Evelyne P. Baumrucker, Bernadette Fernandez, Jean Hearne, Elicia J. Herz, Bob Lyke, Chris L. Peterson, Julie Stone, and Julie M. Whittaker, Domestic Social Policy Division | January 9, 2008 |
| To date, a number of Medicaid and SCHIP issues have seen legislative action in the 110th Congress. P.L. 110-28, P.L. 110-48, P.L. 110-90, and P.L. 110-173 included provisions to address SCHIP funding, delay implementation of certain Medicaid administrative proposals, require (and subsequently delay) the use of tamper-resistant pads for Medicaid prescriptions, provide a Medicaid Pharmacy Plus waiver extension, temporarily extend Medicaid transitional medical assistance and the QI-1 program, apply an asset verification pilot to Medicaid for five years, and extend Medicaid disproportionate share hospital payments for Tennessee and Hawaii. | |||
| RL32292 (PDF, TXT) | Offshoring (a.k.a. Offshore Outsourcing) and Job Insecurity Among U.S. Workers | Linda Levine, Domestic Social Policy Division | January 9, 2008 |
| This report examines the antecedents of offshoring service sector activities and then synthesizes the voluminous writings in recent years about the business practice. The reemployment and earnings experiences of displaced workers are analyzed, focusing specifically on evidence of a rise in job insecurity among white-collar workers in service sector industries. It discusses existing and proposed federal legislation intended to ameliorate the impact of offshore outsourcing on U.S. workers. | |||
| RL31171 (PDF, TXT) | Supreme Court Nominations Not Confirmed, 1789-2007 | Henry B. Hogue, Government and Finance Division | Updated January 9, 2008 |
| Of the 158 nominations to the Supreme Court of the United States from 1789 through 2007, 36 were not confirmed by the Senate. The 36 nominations represent 31 individuals whose names were sent forward to the Senate by Presidents (some individuals were nominated more than once). Of the 31 individuals who were not confirmed the first time they were nominated, however, six were later nominated again and confirmed. The Supreme Court nominations discussed here were not confirmed for a variety of reasons, including Senate opposition to the nominating President, nominee's views, or incumbent Court; senatorial courtesy; perceived political unreliability of the nominee; perceived lack of ability; interest group opposition; and fear of altering the balance of the Court. The Senate Committee on the Judiciary has played an important role in the confirmation process, particularly since 1868. All but the most recent of these nominations have been the subject of extensive legal, historical, and political science writing, a selected list of which is included in this report. | |||
| RL33168 (PDF, TXT) | Why is the Household Saving Rate So Low? | Brian W. Cashell, Government and Finance Division | January 9, 2008 |
| This report begins by examining how the saving rate is measured and what those data show. Next, it discusses how asset value appreciation can affect household saving behavior. Finally it assesses what the decline in the household saving rate means with respect to both retirement security and the national economy. | |||
| RL32641 (PDF, TXT) | 'Localism': Statutes and Rules Affecting Local Programming on Broadcast, Cable, and Satellite Television | Charles B. Goldfarb, Resources, Science, and Industry Division | January 9, 2008 |
| Each broadcast television license is assigned a community of license, in the form of a specific city. Most broadcast television stations' viewing areas extend far beyond the borders of their city of license, and in many cases extend beyond state borders. The local broadcast television stations that each cable system must carry are determined by the Nielsen Designated Market Area (DMA) in which the cable system is located. In the 1992 Cable Act, Congress amended the 1934 Communications Act to require, subject to certain exceptions, each cable system to carry the signals of all the local full power commercial television stations "within the same television market as the cable system," with that market determined by "commercial publications which delineate television markets based on viewing patterns." | |||
| RS22773 (PDF, TXT) | "Sanctuary Cities": Legal Issues | Yule Kim and Michael John Garcia, American Law Division | January 9, 2008 |
| In the 110th Congress, several bills have been introduced that attempt to limit formal or informal sanctuary policies and induce greater sharing of immigration information by state and local authorities. These bills include H.R. 1355, H.R. 3494, H.R. 4192, H.R. 4065, S. 850, and S. 2294. | |||
| RL32657 (PDF, TXT) | Immigration-Related Document Fraud: Overview of Civil, Criminal, and Immigration Consequences | Yule Kim and Michael John Garcia, American Law Division | January 10, 2008 |
| Immigration reform was an active issue during the first session of the 110th Congress, and some legislative proposals contained provisions modifying the scope or penalties of laws restricting immigration-related document fraud. S. 1639, introduced by Senator Edward Kennedy on June 20, 2007, included provisions on immigration-related document fraud that were largely identical to those contained in the version of S. 2611 that passed the Senate in the 109th Congress. | |||
| RL33605 (PDF, TXT) | Authorized Generic Pharmaceuticals: Effects on Innovation | John R. Thomas, Resources, Science, and Industry Division | January 10, 2008 |
| This report presents an analysis of the innovation and public health issues relating to authorized generic drugs. The report begins with a review of the procedures through which independent generic drug companies receive government permission to market their products and resolve patent disputes with brand-name firms. It then provides detailed background information pertaining to the concept of authorized generics and assesses their potential impact upon patent challenges and consumer welfare. The report closes with a summary of congressional issues and possible alternatives. | |||
| RL33740 (PDF, TXT) | The Changing U.S.-Japan Alliance: Implications for U.S. Interests | Emma Chanlett-Avery, Foreign Affairs, Defense, and Trade Division | January 10, 2008 |
| After an historical review, this report examines policy changes that have driven actual and proposed shifts in the alliance. Key features of the proposals include a reduction in the number of U.S. Marines in Japan, the relocation of a controversial Marine air base in Okinawa, expanded cooperation in training and intelligence sharing, and command structure changes. The proposed changes would create new roles and missions in the alliance, with an emphasis on interoperability, joint missile defense, and more Japanese participation in international operations. This report outlines some of the most prominent operational, budgetary, legal, and societal challenges to upgrading the alliance. The dynamic nature of the alliance and the strategic environment in northeast Asia present a number of challenges for U.S. policy, including containing North Korea's nuclear ambitions, dealing with a rising China, sustaining the political alignment with Tokyo, managing the U.S.-South Korea relationship, and considering the nuclear future of the region. The report concludes with a number of potential options for U.S. policymakers to protect U.S. security interests in the Asia Pacific. Those options include further bolstering Japan's military, reducing the U.S military presence in the region, encouraging Japan to focus on international peacekeeping and reconstruction operations, developing trilateral defense cooperation, creating a security forum in northeast Asia, and mediating conflicts over Asian history issues. | |||
| RL31583 (PDF, TXT) | K-12 Education: Special Forms of Flexibility in the Administration of Federal Aid Programs | Wayne Clifton Riddle, Domestic Social Policy Division | January 10, 2008 |
| This report begins with a review of the general nature of federal K-12 education program requirements, including their sources, purposes, and the concerns expressed by some grantees about them. This is followed by a description of the current special flexibility authorities under which many of these requirements may be waived or otherwise made inapplicable, along with an analysis of issues specific to individual authorities. This section is divided between authorities initially adopted before the NCLB and authorities initiated in that legislation. The report concludes with an analysis of selected cross-cutting issues regarding these special flexibility authorities overall. | |||
| RL34117 (PDF, TXT) | Railroad Access and Competition Issues | John Frittelli, Resources, Science, and Industry Division | January 10, 2008 |
| This report provides background on the current railroad regulatory regime. It then examines the three main points of contention between railroads and their captive customers: "bottlenecks," "paper barriers" (also known as "interchange commitments"), and "terminal switching arrangements." It discusses legislation addressing these issues as well as shipper and railroad points of view. The last section of the report discusses the implications of injecting more rail-to-rail competition into the industry. | |||
| RL33230 (PDF, TXT) | Proposed Federal Income Tax Exclusion for Civilians Serving in Combat Zones | Pamela J. Jackson, Government and Finance Division | January 10, 2008 |
| This report provides information about the tax treatment of both the earned income of members of the Armed Forces serving in combat zones and the earned income of U.S. citizens working overseas. A discussion of the possible expansion of income tax exclusion to government civilian employees in a combat zone and an analysis of the relevant policy issues is also included. | |||
| RS22787 (PDF, TXT) | Prospects for Democracy in Hong Kong: China's December 2007 Decision | Michael F. Martin, Foreign Affairs, Defense, and Trade Division | January 10, 2008 |
| The prospects for democratization in Hong Kong became clearer following a decision of the Standing Committee of China's National People's Congress (NPCSC) on December 29, 2007. The NPCSC's decision effectively set the year 2017 as the earliest date for the direct election of Hong Kong's Chief Executive and the year 2020 as the earliest date for the direct election of all members of Hong Kong's Legislative Council (Legco). However, ambiguities in the language used by the NPCSC have contributed to differences in interpretation of its decision. According to Hong Kong's current Chief Executive, Donald Tsang Yam-kuen, the decision sets a clear timetable for democracy in Hong Kong. However, representatives of Hong Kong's "prodemocracy" parties believe the decision includes no solid commitment to democratization in Hong Kong. The NPCSC's decision also established some guidelines for the process of election reform in Hong Kong, including what can and cannot be altered in the 2012 elections. | |||
| RS22739 (PDF, TXT) | FY2008 SCHIP Allotments and Projected Shortfalls | Chris L. Peterson, Domestic Social Policy Division | January 10, 2008 |
| The President vetoed two bills (H.R. 976, H.R. 3963) that would have provided new federal funding for the State Children's Health Insurance Program (SCHIP) in FY2008 through FY2012. Four continuing resolutions provided FY2008 SCHIP allotments through December 31, 2007. On December 29, 2007, the President signed into law the Medicare, Medicaid, and SCHIP Extension Act of 2007 (P.L. 110-173), which provides FY2008 and FY2009 SCHIP allotments through March 31, 2009, and enough additional funding to cover every state's currently projected federal SCHIP spending through March 31, 2009. This report provides projections of states' FY2008 SCHIP federal funding and expenditures. | |||
| RL34221 (PDF, TXT) | Patents on Tax Strategies: Issues in Intellectual Property and Innovation | John R. Thomas, Resources, Science, and Industry Division | January 10, 2008 |
| Several bills introduced in the 110th Congress address the recently recognized phenomenon of patented tax strategies. These legislative initiatives respond in different ways to the grant of exclusive intellectual property rights by the United States Patent and Trademark Office (USPTO) on methods that individuals and enterprises might use in order to minimize their tax obligations. | |||
| RL34316 (PDF, TXT) | Pipelines for Carbon Dioxide (CO2) Control: Network Needs and Cost Uncertainties | Paul W. Parfomak and Peter Folger, Resources Science, and Industry Division | January 10, 2008 |
| This report examines key uncertainties in CO2 pipeline requirements for CCS by contrasting hypothetical pipeline scenarios in one region of the United States. The report summarizes the key factors influencing CO2 pipeline configuration for major power plants in the region, and illustrates how the viability of different sequestration sites may lead to enormous differences in pipeline costs. Power plants, particularly coal-fired plants, are the most likely initial candidates for CCS because they are predominantly large, single-point sources, and they contribute approximately one-third of U.S. CO2 emissions from fossil fuels. The report discusses the implications of uncertain CO2 pipeline requirements for CCS as they relate to evolving federal policies for carbon control. | |||
| RS21004 (PDF, TXT) | Trade Promotion Authority and Fast-Track Negotiating Authority for Trade Agreements: Major Votes | Carolyn C. Smith, Knowledge Services Group | January 10, 2008 |
| This report profiles significant legislation, including floor votes, that authorized the use of presidential Trade Promotion Authority (TPA), previously known as fast-track trade negotiating authority, since its inception in 1974. The report also includes a list of floor votes since 1979 on implementing legislation for trade agreements that were passed under TPA fast-track procedures. Although TPA expired on July 1, 2007, four free trade agreements were signed in time to be considered under TPA expedited procedures in the 110th Congress. The U.S.-Peru Trade Promotion Agreement Implementation Act was passed by Congress and signed into law (H.R. 3688, enacted as P.L. 110-338 on December 14, 2007.) The legislative future of free trade agreements with Colombia, Panama, and South Korea is uncertain. For further discussions of TPA or fast-track legislative activity, the report lists CRS reports and Internet resources. | |||
| RL30799 (PDF, TXT) | Unemployment Through Layoffs and Offshore Outsourcing | Linda Levine, Domestic Social Policy Division | January 11, 2008 |
| This report reviews the various databases that provide information on layoffs. It then more closely examines results from the above-described BLS program. In brief, the BLS series shows that outsourcing - particularly of work moving offshore - is uncommon in extended mass layoffs and accounts for fairly few separated workers. Relocation of work most often occurs within the United States and within the same company. Most workers separated in extended mass layoff events involving domestic or offshore outsourcing had been employed by manufacturers. Employer restructuring (bankruptcy, business ownership change, financial difficulty, and reorganization within a company) typically accounts for a majority of these layoffs as well. In extended mass layoffs associated with the movement of work offshore, jobs most often are shifted to Mexico and China. | |||
| RS20621 (PDF, TXT) | Overview of National Environmental Policy Act (NEPA) Requirements | Kristina Alexander, American Law Division | January 11, 2008 |
| The National Environmental Policy Act (NEPA) establishes environmental policies that apply to the federal government, but it is best known for imposing environmental review procedures on federal agency actions. NEPA requires agencies to review the potential environmental impacts of their projects, recording their review in a publicly available document. There are three types of environmental documents, based on the type of review: a categorical exclusion (CE), an environmental assessment (EA) and an environmental impact statement (EIS). The act dictates procedure, not results. Agencies are required to take a "hard look" at the environmental impacts, not to meet set environmental standards nor to choose the project with the least environmental consequence. This report provides an overview of NEPA's requirements. | |||
| RL31260 (PDF, TXT) | Digital Television: An Overview | Lennard G. Kruger, Resources, Science and Industry Division | January 11, 2008 |
| A key issue in the Congressional debate over the digital transition continues to be addressing the millions of American over-the-air households whose existing analog televisions will require converter boxes in order to receive digital signals when the analog signal is turned off. P.L. 109-171 established a digital-to-analog converter box program - administered by the National Telecommunications and Information Administration (NTIA) of the Department of Commerce - that will partially subsidize consumer purchases of converter boxes. Specifically, Congress is actively overseeing the activities of federal agencies responsible for the digital transition - the FCC and the NTIA - while assessing whether additional federal efforts are necessary, particularly with respect to public education and outreach. | |||
| RS22788 (PDF, TXT) | Regulation of Vehicle Greenhouse Gas Emissions: State and Federal Standards | Brent D. Yacobucci, Resources, Science, and Industry Division | January 11, 2008 |
| This report discusses the federal Corporate Average Fuel Economy (CAFE) standards (including tighter standards enacted under P.L. 110-140) and compares them with the GHG standards under California's law. It also identifies some factors that would have a bearing on the relative stringency of CAFE and the California program. | |||
| RL32453 (PDF, TXT) | Social Security: The Government Pension Offset (GPO) | Laura Haltzel, Domestic Social Policy Division | January 11, 2008 |
| Generally, Social Security benefits are payable to the spouses of retired, disabled, or deceased workers covered by Social Security. Spousal benefits are intended for individuals who are financially dependent on spouses who work in Social Security-covered positions. Individuals who qualify for both a Social Security worker benefit (retirement or disability) based on their own work history and a Social Security spousal benefit based on their spouse's work history are "dually-entitled" and are subject to the dual-entitlement rule. The Social Security dual-entitlement rule requires that 100% of a Social Security retirement or disability benefit earned as a worker (based on one's own Social Security-covered earnings) be subtracted from any Social Security spousal benefit one is eligible to receive (based on their spouse's Social Security-covered earnings), and only the difference, if any, is paid as a spousal benefit. | |||
| RL33649 (PDF, TXT) | The Individuals with Disabilities Education Act (IDEA): Final Regulations for P.L. 108-446 | Richard N. Apling, Domestic Social Policy Division; Nancy Lee Jones, American Law Division | January 11, 2008 |
| Legislative action impacting IDEA could result in connection with consideration of the Elementary and Secondary Education Act (ESEA), which is authorized through FY2008. It is generally assumed that the 110th Congress will actively consider legislation to amend and extend the ESEA. Such legislation could impact IDEA - for example, regarding how adequate yearly progress (AYP) is assessed for children with disabilities and how special education teachers are determined to be highly qualified. | |||
| RL32801 (PDF, TXT) | Reexamining Rules: Section 610 of the Regulatory Flexibility Act | Curtis W. Copeland, Government and Finance Division | January 14, 2008 |
| Several interest groups have suggested that Congress require agencies to reexamine their existing regulations to determine whether they are still needed or can be made less burdensome. One model that has been suggested for such regulatory "lookbacks" is an expansion of a requirement already in place in Section 610 of the Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. §§601-612). | |||
| RS22590 (PDF, TXT) | The Individuals with Disabilities Education Act (IDEA): Overview and Selected Issues | Richard N. Apling, Domestic Social Policy Division; Nancy Lee Jones, American Law Division | January 14, 2008 |
| The Individuals with Disabilities Education Act (IDEA) provides funds to states for the education of children with disabilities. It contains detailed requirements for the receipt of these funds, including the core requirement of the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE. IDEA was revised most recently in 2004 by P.L. 108-446, but Congress has continued to grapple with issues relating to the act. This report provides a brief overview of the act with particular attention paid to issues of recent congressional concern, such as funding and private school enrollment. | |||
| RL32170 (PDF, TXT) | Instances of Use of United States Armed Forces Abroad: 1798-2007 | Richard F. Grimmett, Foreign Affairs, Defense, and Trade Division | January 14, 2008 |
| Report lists hundreds of instances in which the United States has used its armed forces abroad in situations of military conflict or potential conflict or for other than normal peacetime purposes. It provides a rough survey of documented U.S. military ventures abroad, without regard to their overall size. | |||
| RL31675 (PDF, TXT) | Arms Sales: Congressional Review Process | Richard F. Grimmett, Foreign Affairs, Defense, and Trade Division | January 14, 2008 |
| This report reviews the process and procedures that currently apply to congressional consideration of foreign arms sales proposed by the President. This includes consideration of proposals to sell major defense equipment, defense articles and services, or the re-transfer to third party nations of such military items. | |||
| RS22607 (PDF, TXT) | Court Security Improvement Act of 2007: Public Law 110-177 (H.R. 660 and S. 378) in Brief | Charles Doyle, American Law Division | January 14, 2008 |
| Early in the 110th Congress, the Chairmen of the House and Senate Judiciary Committees introduced essentially identical versions of the Court Security Improvement Act of 2007 (H.R. 660 and S. 378), which mirrored legislation that the Senate passed at the close of the 109th Congress. Each house reported (S.Rept. 110-42; H.Rept. 110-218) and passed somewhat different variations (153 Cong. Rec. S4741-742, H7466), although the basic of the legislation remains unchanged in both instances. The Senate subsequently passed H.R. 660 with slight changes, which the House accepted under suspension of the rules (153 Cong. Rec. S15789-790, H16870). The President signed the bill into law on January 7, 2008 as Public Law 110-177. P.L. 110-177 has four components: adjustments to applicable provisions of criminal law, reenforcement of the authority and oversight features of the law governing federal judicial security, grant programs to facilitate increased security for the judiciary of the states, and miscellaneous provisions whose relation to judicial security might initially appear remote. | |||
| RL34323 (PDF, TXT) | William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007 (H.R. 3887 as Passed by the House): Criminal Law Provisions | Charles Doyle, American Law Division | January 14, 2008 |
| The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007 (H.R. 3887), passed by the House on December 4, 2007, continues and reenforces the anti-trafficking efforts that began with Trafficking Victims Protection Act of 2000. That legislation sought to protect women and children, the most common victims of both international and domestic trafficking, with a series of diplomatic, immigration, and law enforcement initiatives. H.R. 3887 follows in its path. This report is limited to the bill's law enforcement initiatives or more precisely its proposals to amend federal criminal law. | |||
| RL30415 (PDF, TXT) | Partial-Birth Abortion: Recent Developments in the Law | Jon O. Shimabukuro, American Law Division | January 14, 2008 |
| This report discusses the U.S. Supreme Court's decision in Stenberg v. Carhart, a case involving the constitutionality of Nebraska's partial-birth abortion ban statute. In Stenberg, the Court invalidated the Nebraska statute because it lacked an exception for the performance of the partial-birth abortion procedure when necessary to protect the health of the mother, and because it imposed an undue burden on a woman's ability to have an abortion. This report also reviews various legislative attempts to restrict partial-birth abortions during the 106th, 107th, and 108th Congresses. S. 3, the Partial-Birth Abortion Ban Act of 2003, was signed by the President on November 4, 2003. On April 18, 2007, the Court upheld the act, finding that, as a facial matter, it is not unconstitutionally vague and does not impose an undue burden on a woman's right to terminate her pregnancy. In reaching its conclusion in Gonzales v. Carhart, the Court distinguished the federal statute from the Nebraska law at issue in Stenberg. | |||
| 98-35 (PDF, TXT) | Social Security: The Windfall Elimination Provision (WEP) | Laura Haltzel, Domestic Social Policy Division | January 14, 2008 |
| The windfall elimination provision (WEP) reduces the Social Security benefits of workers who also have pension benefits from employment not covered by Social Security. Its purpose is to remove an advantage these workers would otherwise receive because of Social Security's benefit formula that favors workers with smaller amounts of Social Security-covered career earnings. Opponents contend that the provision is basically imprecise and often unfair. In the 110th Congress, five bills (H.R. 82, H.R. 726, H.R. 2772, S. 206, and S. 1647) have been introduced to modify or repeal the WEP. | |||
| RS22666 (PDF, TXT) | Veterans Benefits: Federal Employment Assistance | Christine Scott, Domestic Social Policy Division | Updated January 14, 2008 |
| There are federal employment and training programs and policies specifically targeted to help veterans seeking employment in the civilian economy. Transition assistance programs are operated by the Department of Defense (DOD), the Department of Veterans Affairs (VA), and the Department of Labor (DOL) to assist servicemembers as they prepare to leave the military. DOL operates grant programs to states to provide outreach and assistance to veterans in finding civilian employment. In addition, the federal government has policies that assist veterans in obtaining jobs with the federal government and federal contractors. This report provides a brief overview of these federal programs and policies. | |||
| RL33884 (PDF, TXT) | Court Security Improvement Act of 2007: A Legal Analysis of Public Law 110-177 (H.R. 660 and S. 378) | Charles Doyle, American Law Division | January 14, 2008 |
| Early in the 110th Congress, the Chairmen of the House and Senate Judiciary Committees introduced essentially identical versions of the Court Security Improvement Act of 2007, as H.R. 660 and S. 378, that mirrored legislation that passed the Senate at the close of the 109th Congress. Each House reported and passed somewhat different variations, although the basic structure of the legislation remained unchanged in both instances. The Senate subsequently accepted and passed H.R. 660 with slight amendments, which the House in turn accepted under suspension of the rules. The President the bill on January 7, 2008. The bill as passed, Public Law 110-177 (P.L. 110-177), consists of four components: adjustments to applicable provisions of criminal law, reenforcement of the authority and oversight features of the law that governs federal judicial security, grant programs to facilitate increased security for the judiciary of the states, and miscellaneous provisions whose relation to judicial security might initially appear remote. | |||
| RL33325 (PDF, TXT) | Livestock Marketing and Competition Issues | Renee Johnson and Geoffrey S. Becker, Resources, Science, and Industry Division | January 15, 2008 |
| Some groups believe that federal officials have not enforced existing laws designed to prevent anti-competitive behavior, and/or that the laws themselves should be strengthened to better address today's market realities. Others assert that present competition and antitrust policies remain adequate and effective. They believe that the sector's structural changes are a desirable outgrowth of other factors such as technological and managerial improvements, changing consumer demand, and more international competition. Early in the 110th Congress, a number of bills were introduced to address one or more of these perceived problems in livestock markets, which sponsors often broadly refer to as "competition issues." The Senate version of the farm bill (H.R. 2419) includes many of these provisions: it creates a new Special Counsel for Agricultural Competition at USDA to investigate and prosecute violations of competition laws; prohibits most major packers from owning or controlling livestock more than 14 days prior to slaughter; provides new protections to producers and producer groups under the Agricultural Fair Practices Act (AFPA); strengthens enforcement authorities over live poultry dealers under the Packers and Stockyards (P&S) Act; alters some provisions for swine and pork in the Mandatory Livestock Price Reporting Program; and establishes new mandatory reporting requirements for dairy products, among other provisions. With the exception of a provision on arbitration clauses in livestock and poultry contracts, there are comparably fewer provisions addressing competition issues in the House version of the farm bill. Consequently, the inclusion of competition provisions in the new farm bill will likely be a conference item during farm bill negotiations between the House and Senate. | |||
| RS22327 (PDF, TXT) | Pandemic Flu and Medical Biodefense Countermeasure Liability Limitation | Henry Cohen and Vanessa Burrows, American Law Division | Updated January 15, 2008 |
| Division C of P.L. 109-148 (2005), 42 U.S.C. §§ 247d-6d, 247d-6e, limits liability with respect to pandemic flu and other public health countermeasures. Specifically, upon a declaration by the Secretary of Health and Human Services of a public health emergency or the credible risk of such emergency, Division C would, with respect to a "covered countermeasure," eliminate liability, with one exception, for the United States, and for manufacturers, distributors, program planners, persons who prescribe, administer or dispense the countermeasure, and employees of any of the above. On January 26, 2007, the Secretary declared that there is a "credible risk that the spread of avian influenza and resulting disease could in the future constitute a public health emergency." The exception to immunity from liability is that a defendant who engaged in willful misconduct would be subject to liability under a new federal cause of action, though not under state tort law. Division C's limitation on liability is a more severe restriction on victims' ability to recover than exists in most federal tort reform statutes. However, victims could, in lieu of suing, accept payment under a new "Covered Countermeasure Process Fund," if Congress appropriates money for this fund. | |||
| RL33213 (PDF, TXT) | Congressional Nominations to U.S. Service Academies: An Overview and Resources for Outreach and Management | R. Eric Petersen, Government and Finance Division | January 15, 2008 |
| This report describes statutory requirements for allocating congressional nominations to service academies. It also identifies the qualifications that must be met by potential nominees, as established by statute and each academy. Finally, sample documents that could be used by congressional offices at various stages of the nomination selection process are included. These documents provide basic information and can be customized to fit the specific needs of individual office policies. | |||
| RS22748 (PDF, TXT) | The Circumstances In Which an Officer May Ask Questions Concerning Alienage | Yule Kim, American Law Division | January 15, 2008 |
| This report provides an overview of the circumstances in which a law enforcement officer may ask questions concerning alienage. Generally, any officer may freely ask someone questions about his or her alienage status so long as the individual can refuse to answer. However, if questioning is sufficiently coercive, it can rise to the level of a Fourth Amendment seizure, which, depending on the circumstances, requires either probable cause or reasonable suspicion to justify. This report does not discuss custodial interrogations. No bills addressing this issue are currently pending. | |||
| RL33012 (PDF, TXT) | Islamic Terrorism and the Balkans | Steven Woehrel, Foreign Affairs, Defense, and Trade Division | January 15, 2008 |
| This report focuses on three countries: Bosnia and Herzegovina, Albania, and Serbia (including Serbia's Kosovo province, which is currently under international supervision). The report deals with the role of Islamic terrorist groups such as Al Qaeda rather than indigenous nationalist groups pursuing local or regional objectives. | |||
| RL34219 (PDF, TXT) | Terrorism Risk Insurance Legislation in 2007: Issue Summary and Side-by-Side | Baird Webel, Government and Finance Division | January 15, 2008 |
| This report outlines the issues involved with terrorism insurance and includes a side-by-side of the previous TRIA law, the two House TRIA-extension bills, and the Senate bill that was ultimately signed by the President. | |||
| RS20741 (PDF, TXT) | The Constitutional Law of Property Rights "Takings": An Introduction | Robert Meltz, American Law Division | January 15, 2008 |
| This report introduces the Takings Clause of the Fifth Amendment: "[N]or shall private property be taken for public use, without just compensation." The Clause, extensively explicated by the courts in recent decades, seeks to strike a balance between societal goals and the burdens imposed on property owners to achieve those goals. In filing a "taking action" in court, the property owner first must surmount threshold hurdles such as ripeness and the statute of limitations. If successful, the court then will address whether a taking occurred, the criteria depending on whether the claim is of the regulatory taking, physical taking, or exaction taking variety. If a taking is found, the constitutionally required remedy is usually compensation of the property owner, rather than invalidation of the government action. Takings actions against the United States, as opposed to state and local governments, have some special procedural and substantive-law features. | |||
| RS22715 (PDF, TXT) | Peru: Political Situation, Economic Conditions and U.S. Relations | Miranda Jasper and Clare Ribando Seelke, Foreign Affairs, Defense, and Trade Division | January 15, 2008 |
| In June 2006, former president Alan García (1985-1990) was elected president in a close race. After taking office, García embraced the United States-Peru Trade Promotion Agreement (PTPA), which the two countries signed on April 12, 2006 and the Peruvian legislature ratified in June 2006. PTPA implementing legislation (H.R. 3668) passed the House on November 8, 2007, by a vote of 285 to 132; the Senate on December 4 by a vote of 77 to 18; and was signed by President Bush on December 14, (P.L. 110-138). In addition to trade matters, congressional interest in Peru focuses on human rights issues and counternarcotics cooperation. | |||
| RL30234 (PDF, TXT) | The Pacific Salmon Treaty: The 1999 Agreement and Renegotiation of Annex IV | Eugene H. Buck, Resources, Science, and Industry Division | January 15, 2008 |
| This report provides historical background about the PST, discusses issues that created difficulties in the regime, summarizes the 1999 accord, and analyzes issues that are likely to be considered during the impending renegotiation of Annex IV. The 110th Congress will likely conduct oversight of the renegotiation process and its results. | |||
| RS21774 (PDF, TXT) | Bosnia and the European Union Military Force (EUFOR): Post-NATO Peacekeeping | Julie Kim, Foreign Affairs, Defense, and Trade Division | January 15, 2008 |
| On December 2, 2004, NATO formally concluded its Stabilization Force (SFOR) mission in Bosnia and Herzegovina and handed over peace stabilization duties to a European Union force (EUFOR). The mission of the EU's Operation Althea has been to ensure continued compliance with the 1995 Dayton peace agreement and contribute to a secure environment and Bosnia's efforts towards European integration. In 2007, the EU carried out a reconfiguration of EUFOR that reduced its strength from 6,500 to around 2,500 troops. NATO retains a small headquarters presence in Sarajevo to provide advice on defense reforms and to support counterterrorism efforts and the apprehension of wanted war crimes suspects believed to be hiding in or transiting through Bosnia. In November 2007, the U.N. Security Council extended the EU and NATO mandates in Bosnia for another year. | |||
| RL33489 (PDF, TXT) | An Overview and Funding History of Select Department of Justice (DOJ) Grant Programs | Nathan James, Domestic Social Policy Division | January 16, 2008 |
| In recent years, Congress has questioned the effectiveness of many DOJ grant programs. As Congress continues to cut appropriations for many discretionary grant programs, there may be greater scrutiny of these programs. This report discusses this issue as well as issues concerning the effective management and accounting of DOJ grant programs. | |||
| RL34022 (PDF, TXT) | The Department of Housing and Urban Development: FY2008 Appropriations | Maggie McCarty, Libby Perl, and Bruce E. Foote, Domestic Social Policy Division; Eugene Boyd, Government and Finance Division; Meredith Peterson, Knowledge Services Group | January 16, 2008 |
| This report tracks congressional appropriations for HUD and provides a detailed discussion of the funding and issues related to the majority of accounts in the Department's budget. | |||
| RS21048 (PDF, TXT) | U.S. Special Operations Forces (SOF): Background and Issues for Congress | Andrew Feickert, Specialist in Military Ground Forces | January 16, 2008 |
| Special Operations Forces (SOF) play a significant role in U.S. military operations and the Administration has given U.S. SOF greater responsibility for planning and conducting worldwide counterterrorism operations. The progress of mandated SOF growth, possible equipment and logistical shortfalls, and SOF's role in irregular warfare (IW) are potential policy issues for congressional consideration. | |||
| RS22789 (PDF, TXT) | William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007 (H.R. 3887 as Passed by the House: Criminal Provisions in Short | Charles Doyle, American Law Division | January 16, 2008 |
| The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007 (H.R. 3887), passed by the House on December 4, 2007, continues and reenforces the anti-trafficking efforts that began with Trafficking Victims Protection Act of 2000. That legislation sought to protect the women and children most often the victims of both international and domestic trafficking with a series of diplomatic, immigration, and law enforcement initiatives. H.R. 3887 follows in its path. This report is limited to the bill's law enforcement initiatives or more precisely its proposals to amend federal criminal law. | |||
| RL32502 (PDF, TXT) | What Effects Have the 2001 to 2003 Tax Cuts Have on the Economy? | Marc Labonte, Government and Finance Division | January 16, 2008 |
| This report traces out the channels through which the tax cuts are thought to affect the economy and assesses the performance of those economic indicators, including gross domestic product (GDP), employment, interest rates, inflation, labor supply, saving, capital investment, and the trade deficit. The report uses theory and data to evaluate the tax cuts' effects through 2004. (This report does not analyze economic developments since 2004. Presumably, individuals had adjusted their behavior to the tax changes by then, and economic developments since have not been significantly influenced by tax cuts enacted several years earlier.) The report also offers an overview of the forecasts of their effects made at the time the tax cuts were passed. Most estimates predicted that the tax cuts would increase economic growth in the short-term and reduce it in the long run. Despite the wide diversity of the models used, all of the results are relatively small, as would be expected of tax cuts that are relatively small in relation to GDP in the years considered. | |||
| RL34205 (PDF, TXT) | Federal Indian Elementary-Secondary Education Programs: Background and Issues | Roger Walke, Domestic Social Policy Division | January 16, 2008 |
| This report provides a history of federal Indian education programs, a discussion of data on students served by these programs, an overview of the programs and their funding, a discussion of the application to BIE schools of key provisions of the No Child Left Behind Act (P.L. 107-110), and brief discussions of selected issues in Indian education. | |||
| RL30755 (PDF, TXT) | Forest Fire/Wildfire Protection | Ross W. Gorte, Resources, Science, and Industry Division | January 17, 2008 |
| This report provides historical background on wildfires, and describes concerns about the "Urban-Wildland interface" and about forest and rangeland health. The report discusses fuel management, fire control, and fire effects. The report then examines federal, state, and landowner roles and responsibilities in protecting lands and resources from wildfires, and concludes by discussing current issues over federal wildfire management. | |||
| RL34136 (PDF, TXT) | Biofuels Provisions in the Energy Independence and Security Act of 2007 (P.L. 110-140), H.R. 3221, and H.R. 6: A Side-by-Side Comparison | Brent D. Yacobucci, Resources, Science, and Industry Dovision | January 17, 2008 |
| This report provides a side-by-side comparison of biofuels-related provisions in EISA and the House- and Senate-passed energy bills, H.R. 3221 and H.R. 6, respectively. EISA was signed by President Bush on December 19, 2007, after passing the on House December 6, 2007, and the Senate on December 13, 2007. H.R. 3221 (the New Direction for Energy Independence, National Security, and Consumer Protection Act and the Renewable Energy and Energy Conservation Tax Act of 2007) was approved by the House on August 4, 2007. The Senate approved its version of H.R. 6 (the Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007) on June 21, 2007. EISA and the House and Senate bills cover a wide range of energy topics including biofuels, electricity generation, energy efficiency, carbon capture and storage, and oil and gas royalties. | |||
| RL30395 (PDF, TXT) | Farm Labor Shortages and Immigration Policy | Linda Levine, Domestic Social Policy Division | January 17, 2008 |
| This report first explains the connection made over the past several years between farm labor and immigration policies. It next examines the composition of the seasonal agricultural labor force and presents the arguments of grower and farm worker advocates concerning its adequacy relative to employer demand. The report then analyzes trends in employment, unemployment, time worked and wages of authorized and unauthorized farm workers to determine whether they are consistent with the existence of a nationwide shortage of domestically available farm workers. The farm labor supply-demand situation by geographic area is examined as well. | |||
| RL33971 (PDF, TXT) | Carbon Dioxide (CO2) Pipelines for Carbon Sequestration: Emerging Policy Issues | Paul W. Parfomak and Peter Folger, Resources, Science, and Industry Division | January 17, 2008 |
| Congress is examining potential approaches to reducing manmade contributions to global warming from U.S. sources. One approach is carbon capture and sequestration (CCS) - capturing CO2 at its source (e.g., a power plant) and storing it indefinitely (e.g., underground) to avoid its release to the atmosphere. A common requirement among the various techniques for CCS is a dedicated pipeline network for transporting CO2 from capture sites to storage sites. In the 110th Congress, there has been considerable debate on the capture and sequestration aspects of carbon sequestration, while there has been relatively less focus on transportation. Nonetheless, there is increasing understanding in Congress that a national CCS program could require the construction of a substantial network of interstate CO2 pipelines. S. 2144 and S. 2191 would require the Secretary of Energy to study the feasibility of constructing and operating such a network of pipelines. S. 2323 would require carbon sequestration projects to evaluate the most cost-efficient ways to integrate CO2 sequestration, capture, and transportation. S. 2149 would allow seven-year accelerated depreciation for qualifying CO2 pipelines. P.L. 110-140, signed by President Bush on December 19, 2007, requires the Secretary of the Interior to recommend legislation to clarify the issuance of CO2 pipeline rights-of-way on public land. | |||
| RL33202 (PDF, TXT) | Mediciad: A Primer | Elicia J. Herz, Domestic Social Policy Division | January 17, 2008 |
| This report describes the basic elements of Medicaid, focusing on federal rules governing who is eligible, what services are covered, how the program is financed and how beneficiaries share in the cost, how providers are paid, and the role of special waivers in expanding eligibility and modifying benefits. Basic program statistics and citations to in-depth CRS reports on specific topics are provided. | |||
| RL32051 (PDF, TXT) | Innovation and Intellectual Property Issues in Homeland Security | John R. Thomas, Resources, Science, and Industry Division | January 17, 2008 |
| Perhaps not fully appreciated during the Cipro incident was the fact that existing laws provide mechanisms for addressing potential conflicts between intellectual property rights and homeland security needs. These mechanisms include a government taking of the intellectual property, subject to reasonable compensation owed to the patent owner, as well as government purchase of patents. Legislation introduced in the 107th Congress would have called for the award of a compulsory patent license in the event of a public health emergency. Other current or proposed legislation also relates to the intersection between intellectual property and homeland security, including the Invention Secrecy Act and a proposed patent extension for firms that develop anti-terrorism technologies. This report addresses each of these issues in turn. | |||
| RL32397 (PDF, TXT) | Federal Rulemaking: The Role of the Office of Information and Regulatory Affairs | Curtis W. Copeland, Government and Finance Division | January 17, 2008 |
| This report describes how OIRA reviews covered agencies draft rules, OIRAs effects on the rules, and changes in OIRAs procedures and policies in recent years. Much of that discussion is drawn from a September 2003 report on OIRA by the General Accounting Office (GAO). First, though, this report provides a history of presidential regulatory review and describe how OIRAs review process was established. Finally, the report describes several potential legislative issues regarding OIRAs regulatory review authority. | |||
| RL34258 (PDF, TXT) | North American Oil Sands: History of Development, Prospects for the Future | Marc Humphries, Resources, Science, and Industry Division | January 17, 2008 |
| This report examines the oil sands resource base in the world, the history of oil sands development in the United States and Canada, oil sand production, technology, development, and production costs, and the environmental and social impacts. The role of government - including direct financial support, and tax and royalty incentives - is also assessed. | |||
| 95-712 (PDF, TXT) | The Effects on U.S. Farm Workers of an Agricultural Guest Worker Program | Linda Levine, Domestic Social Policy Division | January 17, 2008 |
| Guest worker programs are meant to assure employers (e.g., fruit, vegetable, and horticultural specialty growers) of an adequate supply of labor when and where it is needed while not adding permanent residents to the U.S. population. They include mechanisms such as the H-2A program's labor certification process to avoid adversely affecting the wages and working conditions of comparable U.S. workers. If changes to the H-2A program or creation of a new agricultural guest worker program led growers to employ many more aliens, the effects of the Bracero program might be instructive: although the 1942-1964 Bracero program succeeded in expanding the farm labor supply, studies estimate that it also harmed domestic farm workers through reduced wages and employment. The magnitudes of these adverse effects might differ today depending upon how much the U.S. farm labor and product markets have changed over time, but their direction likely would be the same. | |||
| RL33054 (PDF, TXT) | Older Displaced Workers in the Context of an Aging and Slowly Growing Population | Linda Levine, Domestic Social Policy Division | January 17, 2008 |
| This report analyzes the labor market experiences of those older workers who have involuntarily lost long-held jobs for reasons unrelated to their own performance (e.g., veteran factory workers at plants closed because of import competition, experienced information technology workers whose jobs have been outsourced to workers in other countries, and mid-level managers in positions eliminated through corporate restructuring). It examines current policies targeted at the reemployment of older displaced workers which, if successful, might lengthen their stay in the workforce. | |||
| RS21466 (PDF, TXT) | Dependent Care: Current Tax Benefits and Legislative Issues | Christine Scott, Domestic Social Policy Division | January 17, 2008 |
| In the 110th Congress, legislation has been introduced that would increase the income level at which the credit rate is reduced, increase the maximum qualified expenses for the credit, or expand eligibility for the credit. | |||
| RL34331 (PDF, TXT) | Nuclear Power Plant Security and Vulnerabilities | Mark Holt and Anthony Andrews, Resources, Science, and Industry Division | January 18, 2008 |
| The NRC has strengthened its regulations on nuclear power plant security, but critics contend that implementation by the industry has been too slow and that further measures are needed. Vulnerability to a deliberate aircraft crash remains an outstanding issue, as the latest NRC rulemaking addresses only newly designed plants. Shortcomings in the performance of security contractors has drawn the attention of Congress. | |||
| RL34333 (PDF, TXT) | Does the Army Need a Full-Spectrum Force or Specialized Units? Background and Issues for Congress | Andrew Feickert, Foreign Affairs, Defense, and Trade Division | January 18, 2008 |
| This report is intended to provide information that might be of interest to Congress on the current debate surrounding the creation of special U.S. Army units and organizations, which some believe are needed to address current and future security requirements. While the Army has recently changed from a division-based force to a brigade-centric force, it has resisted the creation of special units to deal with counterinsurgency, stabilization, and training/advisory operations. In contrast, there have been a number of proposals to create new units and organizations better suited to address the challenges of these mission areas. Secretary of Defense Robert Gates's recent challenge to the Army to organize and prepare for asymmetric warfare and advising and training foreign armies could renew and elevate this debate. | |||
| RL32155 (PDF, TXT) | Tax-Favored Higher Education Savings Benefits and Their Relationship to Traditional Federal Student Aid | Linda Levine and Charmaine Mercer, Domestic Social Policy Division | January 18, 2008 |
| This report examines three tax-favored savings incentives for higher education, namely, Coverdell Education Savings Accounts, Section 529 or Qualified Tuition Programs, and Education Savings Bonds. It omits discussion of some other forms of tax-advantaged savings that were created primarily for other purposes (e.g., Individual Retirement Accounts) and for which higher education is just one of many possible uses (e.g., Uniform Gift or Transfers to Minors Accounts). It then explains the interaction between the three postsecondary education tax benefits and the process of determining student eligibility for traditional federal financial aid, consisting of grants, loans, or work-study income. | |||
| RL34070 (PDF, TXT) | Fusion Centers: Issues and Options for Congress | John Rollins, Foreign Affairs, Defense, and Trade Division | January 18, 2008 |
| The creation of post-9/11 intelligence/information fusion centers does not represent a totally new concept, but suggests an extension of pre-9/11 state and local law enforcement intelligence activities. Most state police/bureau of investigation agencies have run intelligence or analytic units for decades. Many of the fusion centers examined for this report were the outgrowth of those units, prompting some to refer to fusion centers as ‘state police intelligence units on steroids." Conceptually, fusion centers differ from their predecessors in that they are intended to broaden sources of data for analysis and integration beyond criminal intelligence, to include federal intelligence as well as public and private sector data. Furthermore, fusion centers broaden the scope of state and local analysis to include homeland security and counterterrorism issues. | |||
| RS21185 (PDF, TXT) | Trade Policymaking in the European Union: Institutional Framework | Raymond J. Ahearn Foreign Affairs, Defense, and Trade Division | January 18, 2008 |
| Trade policy in the EU is made in the context of legal provisions provided by the 1957 Treaty of Rome. As part of this treaty, an institutional framework for the making of trade policy - common commercial policy - was established. Despite relatively few changes in the treaty base of the EU's common commercial policy, its institutional framework has evolved over time as the scope of what constitutes trade policy has been a subject of continuing controversy. The roles and functions of key institutions - the European Commission, the Council of Ministers, subordinate bodies of the Council, the European Parliament, and the European Court of Justice - are described in this report. The actual process of how the EU makes trade policy is of growing interest to the United States as the EU continues to play a larger and more assertive role in the world economy. | |||
| RL34189 (PDF, TXT) | North Korean Refugees in China and Human Rights Issues: International Response and U.S. Policy Options | Rhoda Margesson and Emma Chanlett-Avery, Foreign Affairs, Defense, and Trade Division; Andorra Bruno, Domestic Social Policy Division | January 18, 2008 |
| The increased international attention given to the situation of North Koreans seeking refuge, primarily in China, has led Congress to take a greater interest in the refugee situation and the underlying causes within North Korea and across its borders. Food shortages, persecution, and human rights abuses have prompted thousands and perhaps hundreds of thousands of North Koreans to go to China where they often become victims of further abuse, neglect, and lack of protection. Those who remain in North Korea (formally known as the Democratic Republic of North Korea, or DPRK) also continue to suffer from a lack of food and other basic humanitarian provisions. | |||
| RL33289 (PDF, TXT) | Social Security's Effect on Child Poverty | Thomas Gabe, Domestic Social Policy Division | January 21, 2008 |
| Social Security plays an important role in reducing poverty, not only among the aged but among children as well. Children may be eligible for Social Security benefits when a parent who is a covered worker dies, becomes disabled, or retires. In addition to receiving Social Security benefits in their own right, children may economically benefit from Social Security by living with other family members who receive benefits. This report examines the effects of Social Security on child poverty. The estimates presented in this report are based on a CRS analysis of U.S. Census Bureau Survey of Income and Program Participation (SIPP) data in January 2005. | |||
| RL33784 (PDF, TXT) | Minimum Wage: Characteristics of Low-Wage Workers and Their Families | Gerald Mayer and Linda Levine, Domestic Socisl Policy Division | January 21, 2008 |
| This report examines characteristics of workers and their families who may benefit directly from an increase in the federal minimum wage. The first part of the report provides information on the demographic and social characteristics (e.g., age, education) of hourly workers who are paid less than $7.25 an hour, as well as the characteristics of the jobs they hold (e.g., occupation and parttime/ full-time hours) and the characteristics of the families in which they live (e.g., family income, welfare receipt). | |||
| RL33590 (PDF, TXT) | North Korea's Nuclear Weapons Development and Diplomacy | Larry A. Niksch, Foreign Affairs, Defense, and Trade Division | January 21, 2008 |
| The six parties to the North Korean nuclear negotiations concluded an agreement on February 13, 2007, that specifies two Phases of implementation. The phases provided for a freeze of North Korean nuclear installations at the Yongbyon site, a subsequent disablement of all North Korean nuclear facilities, and a North Korean declaration of "all nuclear programs." The Agreement also establishes working groups of the six parties on subjects such as U.S.-North Korean normalization of relations, denuclearization of the Korean peninsula, energy and economic cooperation, Japan-North Korea normalization of relations, and a North Korean peace and security mechanism. The Six Party Agreement was negotiated following a North Korean nuclear test in October 2006, the imposition of sanctions against North Korea by the United Nations Security Council, and mounting congressional criticism of Administration policy. The nuclear test signaled progress by North Korean in reprocessing plutonium since 2002 for six to eight atomic bombs. | |||
| RL34329 (PDF, TXT) | Crosscut Budgets in Ecosystem Restoration Initiatives: Examples and Issues for Congress | Pervaze A. Sheikh, Resources, Science, and Industry Division; Clinton T. Brass, Government and Finance Division | January 22, 2008 |
| Crosscut budgets do not answer all of the criticisms of how large-scale ecosystem restoration initiatives are planned and implemented. For example, although they are typically used to show budgetary allocations across organizational boundaries, crosscut budgets often do not present information about desired outcomes or programmatic impacts. They may provide stakeholders, however, with a tool for organizing, planning, and working with funds and goals for these initiatives, albeit at a cost in terms of requiring additional analytical work and executive attention by participating agencies, which are typically scarce commodities. This report discusses typical and potential elements of a crosscut budget, provides examples of enacted legislation that authorizes the use of crosscut budgets, and examines some crosscut budgeting issues that Congress might consider. | |||
| RS20214 (PDF, TXT) | Federal Grand Juries: The Law in a Nutshell | Charles Doyle, American Law Division | Updated January 22, 2008 |
| The federal grand jury exists to investigate crimes against the United States and to The federal grand jury exists to investigate crimes against the United States and to secure the constitutional right of grand jury indictment. Its responsibilities require broad powers. As an arm of the United States District Court which summons it, upon whose process it relies, and which will receive any indictments it returns, the grand jury's subject matter and geographical jurisdiction is that of the court to which it is attached. Ordinarily, the law is entitled to everyone's evidence. Witnesses subpoenaed to appear before the grand jury, therefore, will find little to excuse their appearance. Once before the panel, however, they are entitled to the benefit of various constitutional, common law and statutory privileges, including the right to withhold self-incriminating testimony and the security of confidentiality of their attorney-client communications. They are not, however, entitled to have an attorney with them in the grand jury room when they testify. Unless the independence of the grand jury is overborne, irregularities in the grand jury process ordinarily will not result in dismissal of an indictment, particularly where dismissal is sought after conviction. | |||
| RL33506 (PDF, TXT) | School Choice Under the ESEA: Programs and Requirements | David P. Smole, Domestic Social Policy Division | January 22, 2008 |
| This report examines selected programs and requirements of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLBA), as they relate to school choice. It begins with an overview of how school choice is currently exercised in the United States. It then identifies and describes ESEA programs and requirements that are supportive of school choice. It also provides brief descriptions of other federal school choice programs authorized separately from the ESEA to provide an overview of the extent of federal support for school choice in elementary and secondary education. The report concludes with a discussion of school choice issues in the context of ESEA reauthorization. | |||
| RS22791 (PDF, TXT) | Taiwan's Legislative Elections, January 2008: Implications for U.S. Policy | Kerry Dumbaugh, Foreign Affairs, Defense, and Trade Division | January 22, 2008 |
| On January 12, 2008, Taiwan's ruling party, the Democratic Progressive Party (DPP), suffered a crushing defeat in elections for the Legislative Yuan, the national legislature. The DPP won only 27 seats in the new 113-member body, while the opposition Kuomintang Party (KMT) gained a hefty majority with 81 seats. Five additional seats went to independent and smaller party candidates who are expected to side often with KMT positions. The results appear to be a repudiation of DPP leader and Taiwan President Chen Shui-bian's emphasis of a radical pro-independence agenda at the expense of domestic economic issues. Attention in Taiwan now is on the upcoming presidential contest on March 22, 2008, pitting the leading DPP candidate Frank Hsieh against the leading KMT candidate Ma Ying-jeou. | |||
| RL33855 (PDF, TXT) | Child Welfare: Social Security and Supplemental Security Income (SSI) Benefits for Children in Foster Care | Adrienne L. Fernandes, Scott Szymendera, and Emilie Stoltzfus, Domestic Social :Policy Division | January 22, 2008 |
| This report begins with a discussion of the foster care system and the Social Security benefits available to eligible children, including those in foster care. It then describes the role of representative payees and their responsibilities. The report provides data on the use of Social Security benefits to reimburse states for child welfare, and includes a discussion of the Keffeler decision. Finally, the report concludes with proposals supported by some advocates to change the current practice of using SSI and other Social Security benefits to fund foster care, as well as with a discussion of state initiatives to screen all foster children for Social Security and to pass along some benefits to eligible children. | |||
| 98-305 (PDF, TXT) | Senate Committee Reports: Required Contents | Elizabeth Rybicki, Government and Finance Division | January 22, 2008 |
| When a Senate committee reports a measure following a markup, it usually prepares a written report that describes the purposes and provisions of the measure. However, such reports are not required. Senate rules and statutes specify items generally applicable to Senate committees that must be included in committee reports, if a report is prepared. Senate committees also may include additional items in their reports. | |||
| RL33512 (PDF, TXT) | Transportation Security: Issues for the 110th Congress | David Randall Peterman, Bart Elias, and John Frittelli, Resources, Science, and Industry Division | January 22, 2008 |
| The nation's air, land, and marine transportation systems are designed for accessibility and efficiency, two characteristics that make them highly vulnerable to terrorist attack. While hardening the transportation sector from terrorist attack is difficult, measures can be taken to deter terrorists. The dilemma facing Congress is how best to construct and finance a system of deterrence, protection, and response that effectively reduces the possibility and consequences of another terrorist attack without unduly interfering with travel, commerce, and civil liberties. In the 110th Congress, aviation, rail, and transit security have been a major focus of congressional activity. At the end of July 2007, the House and Senate passed a conference agreement on H.R. 1 (H.Rept. 110-259) that was signed into law on August 3, 2007 as the Implementing Recommendations of the 9/11 Commission Act of 2007 (P.L. 110-53). The act contains numerous provisions related to air, rail, and cargo security. | |||
| RL33886 (PDF, TXT) | Statutory Qualifications for Executive Branch Positions | Henry B. Hogue, Government and Finance Division | January 22, 2008 |
| This report provides background on the constitutional appointments framework, discusses Congress's constitutional authority to set qualifications, discusses congressional practices in this area, and discusses related options for congressional consideration. Examples of positions with statutory requirements or restrictions are provided in two tables in the appendix. | |||
| RL33750 (PDF, TXT) | The WTO, Intellectual Property Rights, and the Access to Medicines Controversy | Ian F. Fergusson, Foreign Affairs, Defense, and Trade Division | January 22, 2008 |
| Developed country pharmaceutical industries view the TRIPS agreement as essential to encourage innovation in the pharmaceutical sector by assuring international compensation for their intellectual property. Without such protection, industry claims it could not recoup the high costs of developing new medicines. Producers have unilaterally undertaken to reduce prices for certain HIV/AIDS medicines, but these efforts at differential pricing have not been systematic. The United States has been forceful in defending the interest of the U.S. pharmaceutical industry in the negotiations. In December 2002, the United States blocked a compromise on the compulsory licensing issue to which all other nations had agreed; however, it was also the first nation to ratify the December 2005 amendment. In the 109th Congress, legislation was introduced (S. 3175) to establish procedures to grant compulsory licenses for exporting patented pharmaceutical products under the WTO Decision. This legislation was not acted upon in the 109th Congress, and has not been reintroduced in the 110th Congress. | |||
| RS22759 (PDF, TXT) | Farm Legislation and Taxes in the 110th Congress | David L. Brumbaugh, Government and Finance Division | January 22, 2008 |
| On July 27, 2007, the House passed its version of the omnibus 2007 farm bill (H.R. 2419). The bill's spending provisions are estimated to increase federal spending on agriculture policy above the baseline level allowed by the FY2008 budget resolution. In order to comply with House pay-as-you-go budget rules, the bill included several revenue-raising provisions, the bulk of which would be produced by a proposal to restrict the use of tax-treaty benefits by foreign firms not actually resident in a treaty country. In October, the Senate Finance Committee approved S. 2242, a bill containing a number of agriculture-related tax provisions, but also containing energy and conservation measures along with a revenue-raising proposal designed to curtail tax shelters (codification of the "economic substance" doctrine). The Senate Finance Committee bill is estimated to be approximately "revenue neutral," gaining as much new tax revenue as it loses. However, it also contains an optional new tax credit that is estimated to have the effect of reducing outlays under an existing U.S. Department of Agriculture program by $3.0 billion over five years, thus providing room for new spending in the Senate version of the farm bill without violating Senate budget rules. On December 14, the full Senate approved an omnibus farm bill (an amended version of H.R. 2419) containing the essential elements of the Finance Committee tax package. | |||
| RL31707 (PDF, TXT) | Sri Lanka: Background and U.S. Relations | K. Alan Kronstadt, Foreign Affairs, Defense, and Trade Division | January 22, 2008 |
| This report provides historical, political, and economic background on Sri Lanka and examines U.S.-Sri Lankan relations and policy concerns. Congressional interest in Sri Lanka focuses on renewed and serious violent ethnic conflict in a quartercentury- old civil war, an attendant humanitarian emergency, and efforts to revive a moribund peace process. Terrorist activity, human rights, and U.S. appropriations for food, economic, and military assistance are further congressional interests. A Congressional Caucus on Sri Lanka and Sri Lankan Americans, established in 1998, had two dozen members at the close of 2007. | |||
| RL34063 (PDF, TXT) | Veterans' Medical Care: FY2008 Appropriations | Sidath Viranga Panangala, Domestic Social Policy Division | January 22, 2008 |
| This report tracks the VHA's FY2008 appropriation process. | |||
| RS21171 (PDF, TXT) | The Rate Reduction Tax Credit -- "The Tax Rebate" -- in the Economic Growth and Tax Relief Reconciliation Act of 2001: A Brief Explanation | Steven Maguire, Government and Finance Division | January 22, 2008 |
| The Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16) created a rate reduction tax credit (RRTC) for tax year 2001. The RRTC was structured to mimic a 10% income tax bracket. The tax relief provided by this credit was transmitted to taxpayers via an advance check that was mailed to taxpayers in 2001. These advance checks were based on information from income tax returns filed for tax year 2000. The advance checks were not a rebate of taxes paid in tax year 2000. Congress adopted the RRTC and the advance check transmission mechanism to circumvent the problems associated with trying to provide immediate tax relief through income tax withholding. Congress later clarified how the RRTC would interact with the child tax credit and how dependents and nonresident aliens would be affected. The IRS reported that through mid-February 2002, more than 1 million returns had RRTC related errors. Economic analysis of the rebates generally concludes that households spent between 20% and 40% of the rebate checks soon after receipt. The magnitude of the RRTC impact on the economy in 2001, however, is uncertain. | |||
| RL34031 (PDF, TXT) | Legislative Branch: FY2008 Appropriations | ida A. Brudnick, Government and Finance Division | January 23, 2008 |
| 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. | |||
| RS22723 (PDF, TXT) | Primary Securities Fraud Liability: Stoneridge Investment v. Scientific-Atlanta, Inc. | Michael V. Seitzinger, American Law Division | January 23, 2008 |
| On January 15, 2008, the United States Supreme Court issued its decision in Stoneridge Investment Partners v. Scientific-Atlanta, Inc., which was appealed from a decision by the Court of Appeals for the Eighth Circuit. The case concerned whether secondary actors who make no public statements concerning deceptive transactions engaged in by primary actors may be liable for fraud under the federal securities laws. The Court held that these secondary actors had not violated the major antifraud statute of the federal securities laws. | |||
| RL33999 (PDF, TXT) | Defense: FY2008 Authorization and Appropriations | Pat Towell, Stephen Daggett, and Amy Belasco, Foreign Affairs, Defense, and Trade Division | January 23, 2008 |
| 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 House and Senate Appropriations Subcommittees on Defense. For both defense authorization and appropriations, this report summarizes the status of the bills, their scope, major issues, funding levels, and related congressional activity. | |||
| RL31623 (PDF, TXT) | U.S. Nuclear Weapons: Changes in Policy and Force Structure | Amy F. Woolf, Foreign Affairs, Defense, and Trade Division | January 23, 2008 |
| This report provides a general overview of the past, present, and possible future of U.S. nuclear policy. It begins with a review of the international security environment, highlighting the threats that the United States has sought to deter or respond to with its nuclear forces. It then reviews the strategy and doctrine guiding the U.S. nuclear force posture, targeting and employment policy, the numbers and types of weapons in the nuclear force structure, and the infrastructure that has supported design, development, and testing of U.S. nuclear weapons. In each of these areas, the report summarizes U.S. nuclear policy during the Cold War, identifies changes implemented in the decade after the collapse of the Soviet Union, and details how the Bush Administration proposes to bring continuity and change to U.S. nuclear weapons, policy, and infrastructure. The report concludes with a discussion of several issues and questions that analysts have raised after reviewing the Bush Administration's Nuclear Posture Review. These include the role of nuclear weapons in U.S. national security policy, how to make the U.S. nuclear deterrent "credible," the relationship between U.S. nuclear posture and the goal of discouraging nuclear proliferation, plans for strategic nuclear weapons, and the future of non-strategic nuclear weapons. | |||
| RS22022 (PDF, TXT) | Disaster Unemployment Assistance (DUA) | Julie M. Whittaker, Domestic Social Policy Division | January 23, 2008 |
| In the 109th Congress, P.L. 109-176 was signed into law on March 6, 2006, extending the duration of DUA benefits from 26 to 39 weeks for victims of the Hurricane Katrina and Rita disasters. This extension ended on June 3, 2006, for those qualifying for benefits on account of Hurricane Katrina and on June 24, 2006, for those affected by Hurricane Rita. The extension did not apply to any subsequent major disasters. As of this writing, the 110th Congress has no active legislation directly affecting DUA benefits. | |||
| RL33473 (PDF, TXT) | Judicial Security: Comparison of Legislation in the 110th Congress | Nathan James, Domestic Social Policy Division | January 23, 2008 |
| This report discusses the current state of judicial security in the United States and the legislation introduced in the 110th Congress that would address judicial security. | |||
| RS21507 (PDF, TXT) | Project BioShield: Purposes and Authorities | Frank Gottron, Resources, Science, and Industry Division | January 23, 2008 |
| The 108th Congress passed the Project BioShield Act of 2004 (S. 15) and President Bush signed it into law on July 21, 2004 (P.L. 108-276). The main provisions of this law include (1) relaxing procedures for some CBRN terrorism-related spending, including hiring and awarding research grants; (2) guaranteeing a federal government market for new medical countermeasures; and (3) permitting emergency use of unapproved countermeasures. Project BioShield countermeasure procurement funding comes from the Department of Homeland Security Appropriations Act, 2004 (P.L. 108-90), which appropriated $5.593 billion for FY2004 to FY2013. Congress considered several additional measures to further encourage countermeasure development and passed the Pandemic and All-Hazard Preparedness Act (P.L. 109-417). This law created the Biomedical Advanced Research and Development Authority (BARDA) in the Department of Health and Human Services. Questions remain regarding the impact BARDA will have on countermeasure development, the continuing implementation of Project BioShield, and whether additional legislation would further encourage countermeasure development. | |||
| RS21654 (PDF, TXT) | Islamic Religious Schools, Madrasas: Background | Christopher M. Blanchard, Foreign Affairs, Defense, and Trade Division | January 23, 2008 |
| This report provides an overview of madrasas, their role in the Muslim world, and issues related to their alleged links to terrorism. The report also addresses the findings of the National Commission on Terrorist Attacks Upon the United States (the "9/11 Commission") and issues relevant to the second session of the 110th Congress. | |||
| RS21745 (PDF, TXT) | Islam: Sunnis and Shiites | Christopher M. Blanchard, Foreign Affairs, Defense, and Trade Division | Updated January 23, 2008 |
| This report includes a historical background of the Sunni-Shiite split and the differences in religious beliefs and practices between and within each Islamic sect as well as their similarities. | |||
| RS22792 (PDF, TXT) | Education Matters: Earnings and Employment Outcomes by Educational Attainment | Linda Levine, Domestic Social Policy Division | January 23, 2008 |
| The amount of education in which individuals invest greatly influences their labor market outcomes. For example, highly educated workers on average are better paid than other workers. Four-year college graduates also are less at risk of unemployment; if they should lose their jobs, these displaced workers are more likely than others to find new jobs. The importance of educational attainment to earnings levels has grown over time as well. Concern about the extent of wage inequality in U.S. society arose in part because of the comparatively large increases in real (inflation-adjusted) earnings of workers with at least a bachelor's degree. | |||
| RL33085 (PDF, TXT) | Trade in Services: The Doha Development Agenda Negotiations and U.S Goals | William H. Cooper, Foreign Affairs, Defense, and Trade Division | January 24, 2008 |
| This report is designed to assist the 110th Congress to understand and monitor progress of the negotiations and the major issues that the negotiators are addressing. The report provides a brief background section on the significance of services to the U.S. economy. It then explains briefly the General Agreement on Trade in Services (GATS) and the structure and agenda of the services negotiations in the DDA round, including U.S. objectives in the negotiations. The report concludes with a status report on the negotiations and an examination of potential results. | |||
| RL34338 (PDF, TXT) | Legal Analysis of the Conservation Easement Tax Credit in the Senate Version of H.R. 2419 (the 2007 Farm Bill) | Kristina Alexander and Erika Lunder, American Law Division | January 24, 2008 |
| Section 12204 of the Food and Energy Security Act of 2007 (H.R. 2419, as passed by the Senate) would create a new tax credit for taxpayers who agree to protect a qualified species for a specified amount of time under an approved plan. The amount of the credit would depend on whether the taxpayer, as part of the plan, granted a conservation easement to a federal agency or state in order to protect the species' habitat. Conservation easements appeal to both landowners and those who favor environmental protection. Issues arise in balancing the amount of protection provided with the tax credit given, in order to provide a fair public benefit in exchange for the funds. Also, enforcement can prove difficult, in light of the expanse of the program, the fact-specific nature of monitoring, and the number of parties that could be involved. The House-passed version of H.R. 2419 does not include the proposed tax credit. The Senate has insisted on its amendment of H.R. 2419 and requested a conference. House and Senate staff are engaged in active discussion. | |||
| RL34285 (PDF, TXT) | A Legal Analysis of the "70/70" Provision of the Cable Communications Policy Act of 1984 | Kathleen Ruane, American Law Division | January 24, 2008 |
| The Federal Communications Commission (FCC or Commission) recently issued a report requesting data to aid in determining whether the so-called "70/70" test for cable market penetration has been met. Under Section 612(g) of the Cable Communications Policy Act of 1984, when 70% of households in the United States are able to subscribe to cable services of 36 channels or more and 70% of those households actually subscribe to such services, the FCC will be empowered to "promulgate any additional rules necessary to provide a diversity of information sources." A House Report issued when the provision was enacted indicated that 612(g) was intended to provide "a mechanism to assure there is adequate flexibility to develop new rules and procedures with respect to the use of leased access channels as the cable industry develops and serves more citizens in the future." Subsequent amendments to Section 612 granted the FCC greater power to regulate leased access to cable systems. In fact, all of the powers Congress, in the House Report, had suggested would be conferred upon the FCC under 612(g) were granted expressly to the Commission by the subsequent revisions of Section 612. Congress did not, however, repeal Subsection 612(g). The scope of the FCC's authority under 612(g), therefore, remained an open question. | |||
| RL31269 (PDF, TXT) | Refugee Admissions and Resettlement Policy | Andorra Bruno, Domestic Social Policy Division | January 24, 2008 |
| Overseas processing of refugees is conducted through a system of three priorities for admission. Priority 1 comprises cases involving persons facing compelling security concerns. Priority 2 comprises cases involving persons from specific groups of special humanitarian concern to the United States (e.g., Iranian religious minorities). Priority 3 comprises family reunification cases involving close relatives of persons admitted as refugees or granted asylum. Special legislative provisions facilitate relief for certain refugee groups. The "Lautenberg Amendment" allows certain former Soviet and Indochinese nationals to qualify for refugee status based on their membership in a protected category with a credible fear of persecution. They do not have to establish persecution on an individual basis as do other refugees. P.L. 108-199 amended the Lautenberg Amendment to add the "Specter Amendment," which requires the designation of categories of Iranian religious minorities whose cases are to be adjudicated under the Lautenberg Amendment's reduced evidentiary standard. P.L. 110-161 extends the Lautenberg Amendment, as amended by the Specter Amendment, through FY2008. Another provision, referred to as the "McCain Amendment" or the "McCain-Davis Amendment," makes certain adult children of Vietnamese re-education camp survivors eligible for U.S. refugee resettlement. P.L. 110-161 extends this provision through FY2009. | |||
| RL33194 (PDF, TXT) | Securing General Aviation | Bart Elias, Resources, Science, and Industry Division | January 24, 2008 |
| GA security has been a topic of continued interest to Congress. The FY2006 Department of Homeland Security Appropriations Act (P.L. 109-90) required the DHS to examine the vulnerability of high-risk sites to possible terrorist attacks using GA aircraft. The Implementing the 9/11 Commission Recommendations Act of 2007 (P.L. 110-53), enacted in August 2007, requires the development and implementation of a standardized risk assessment program at GA airports; establishes a grant program for enhancing security at GA airports, if such a program is deemed feasible; and requires operators of GA aircraft to provide notification and passenger information to the United States Customs and Border Protection (CBP) prior to entering U.S. airspace. Also, in the 110th Congress, various Members have urged the TSA to step up its surveillance of GA operations, particularly operations of corporate and private jets. | |||
| RL31512 (PDF, TXT) | Visa Issuances: Policy, Issues, and Legislation | Ruth Ellen Wasem, Domestic Social Policy Division | January 24, 2008 |
| This report opens with an overview of visa issuances, with sections on procedures for aliens coming to live in the United States permanently and on procedures for aliens admitted for temporary stays. It includes a discussion of visa screening policies, including inadmissibility, databases, an analysis of visa refusals, biometric visas and other major visa policy procedures. The final section analyzes selected issues in the 110th Congress, notably new technologies, impact on travel and commerce, and security concerns. Summaries of key laws revising visa policy enacted in the 107th-109th Congresses appear in Appendix A. | |||
| RL34335 (PDF, TXT) | Pakistan's Scheduled 2008 Election: Background | K. Alan Kronstadt, Foreign Affairs and National Defense Division | January 24, 2008 |
| This report provides an overview of Pakistan's political setting and current status, along with a discussion of the country's major political parties and figures. | |||
| RL32236 (PDF, TXT) | HOPE VI Public Housing Revitalization Program: Background, Funding, and Issues | Maggie McCarty, Domestic Social Policy Division | January 24, 2008 |
| HOPE VI is a public housing reform program. Through HOPE VI, the Department of Housing and Urban Development (HUD) provides funds to rehabilitate or demolish public housing and replace it with housing that serves both the poor as well as the middle class. In order to understand HOPE VI and its issues, it is important to first understand a history of the larger public housing program. | |||
| RS21473 (PDF, TXT) | North Korean Ballistic Missile Threat to the United States | Steven A. Hildreth, Foreign Affairs, Defense, and Trade Division | January 24, 2008 |
| This report reviews North Korea's ballistic missile program. In summer 2007, North Korea tested modern, short-range missiles. In July 2007, a Pentagon official said North Korea was about to deploy a new, advanced short-range missile, designated the KN-02, or Toksa (said to be a derivative of the former Soviet SS-21 missile). | |||
| RS21695 (PDF, TXT) | The Islamic Traditions of Wahhabism and Salafiyya | Christopher M. Blanchard, Foreign Affairs, Defense, and Trade Division | January 24, 2008 |
| The terrorist attacks of September 11, 2001, and subsequent discussions of religious extremism have called attention to Islamic puritanical movements known as Wahhabism and Salafiyya. Al Qaeda leaders and their ideological supporters have advocated a violent message that some suggest is rooted in these conservative Islamic traditions. Other observers have accused Saudi Arabia, the birthplace of Wahhabism, of having disseminated religious ideology that promotes hatred and violence, targeting the United States and its allies. Saudi officials strenuously deny these allegations. This report provides a background on these traditions and their relationship to active terrorist groups; it also summarizes recent charges and responses, including the findings of the final report of the 9/11 Commission and relevant legislation in the 110th Congress. | |||
| RL33755 (PDF, TXT) | Federal Income Tax Treatment of the Family | Jane G. Gravelle, Government and Finance Division | January 24, 2008 |
| While an array of issues might be considered in discussing tax rules and their effects, this paper considers two questions: what is an equitable treatment of families of different sizes, and what are the effects of marriage penalties and bonuses. The first section summarizes the major features of the tax law affecting families and family choices, and how they developed over time, including the relatively recent introduction of large benefits for children at low and moderate income levels, a reversal of a trend in the past that tended to reduce these benefits through the erosion of the real value of the personal exemptions. It also summarizes the origin of the marriage penalty and marriage bonus. The following two sections first discuss general equity issues, and then apply the ability-to-pay standard to examine how tax burdens vary by family size, across the income spectrum. The final section examines the marriage penalties and bonuses. | |||
| RL30150 (PDF, TXT) | NATO Common Funds Burdensharing: Background and Current Issues | Carl W. Ek, Foreign Affairs, Defense, and Trade Division | January 24, 2008 |
| Member states of the North Atlantic Treaty Organization (NATO) contribute to the activities of the alliance in several ways, the chief of which is through the deployment of their own armed forces, funded by their national budgets. Certain commonly conducted activities, however, are paid for out of three NATO-run budgets. These three accounts - the civil budget, the military budget, and the security investment program - are funded by individual contributions from the member states. The countries' percentage shares of the common funds are negotiated among the members, and are based upon per capita GDP and several other factors. The aggregate U.S. share, which has fallen over the past three decades, was 25.8% in 2005. Ten central and eastern European nations were admitted into the alliance in 1999 and 2004, and several other countries would also like to join. As NATO expands, it has incurred certain additional costs to accommodate the new members. These costs are being shared by all, including the new countries. In 2005, members of the alliance adopted new burdensharing arrangements; the U.S. level, however, was limited to its current share. Additional changes in the cost share formulas are under review. The second session of the 110th Congress will likely review U.S. contributions to the NATO budgets in the context of the Defense and State Departments' appropriations. | |||
| RL34108 (PDF, TXT) | U.S.-Peru Economic Relations and the U.S.-Peru Trade Promotion Agreement | M. Angeles Villarreal, Foreign Affairs, Defense, and Trade Division | January 24, 2008 |
| The House passed (285-132) H.R. 3688 to implement the PTPA on November 8, 2007. The Senate passed implementing legislation (77-18) on December 4, 2007 and President Bush signed legislation on December 14, 2007 to implement the agreement (P.L. 110-138). On June 28, 2006, the Peruvian Congress voted 79 to 14 to approve the agreement. In May 2007, Congress and the Administration reached an agreement on a new bipartisan trade framework that calls for the inclusion of core labor and environmental standards in the text of pending and future trade agreements. The United States reached an agreement with Peru on June 25, 2007, on legally binding amendments to the PTPA on labor, the environment, and other matters to reflect the bipartisan agreement of May 10. On June 27, 2007, Peru's Congress voted 70 to 38 in favor of the amendments to the PTPA. | |||
| 95-408 (PDF, TXT) | Immigration: The Effects on Low-Skilled and High-Skilled Native-Born Workers | Linda Levine, Domestic Social Policy Division | January 24, 2008 |
| The report opens with a discussion of how to analyze the impact of immigrants on the pay and job opportunities of native-born workers. It then uses this framework to examine and interpret the empirical literature on the subject. The report concludes with a discussion of policy implications. | |||
| RL33173 (PDF, TXT) | Hurricane Katrina: Questions Regarding the Section 8 Housing Voucher Program | Maggie McCarty, Domestic Social Policy Division | January 24, 2008 |
| This report focuses on three questions: What impact did the hurricane have on existing voucher holders? To what degree did the program serve displaced families who had not previously received a voucher? And should the program play a larger role in serving displaced families in the future? | |||
| RL32579 (PDF, TXT) | Victims of Crime Compensation and Assistance: Background and Funding | Celinda Franco, Domestic Social Policy Division | January 24, 2008 |
| All 50 states and several territories have passed some form of legislation to benefit victims of crime. Every state administers a crime victim compensation program. This report provides background and funding information on the CVF and VOCA. | |||
| RL31718 (PDF, TXT) | Qatar: Background and U.S. Relations | Christopher M. Blanchard, Foreign Affairs, Defense, and Trade Division | January 24, 2008 |
| U.S. officials have described Qatar's counterterrorism cooperation since 9/11 as significant; however, some observers have raised questions about possible support for Al Qaeda by some Qatari citizens, including members of Qatar's large ruling family. According to the 9/11 Commission Report, Qatar's current Interior Minister provided safe haven to 9/11 mastermind Khalid Shaikh Mohammed during the mid- 1990s, and press reports indicate other terrorists may have received financial support or safe haven in Qatar after September 11, 2001. | |||
| RL32686 (PDF, TXT) | Afghanistan: Narcotics and U.S. Policy | Christopher M. Blanchard, Foreign Affairs, Defense, and Trade Division | January 24, 2008 |
| In addition to describing the structure of the Afghan narcotics trade, this report provides current statistical information, profiles the narcotics trade's participants, explores narco-terrorist linkages, and reviews U.S. and international policy responses since late 2001. The report also considers current policy debates regarding the counternarcotics roles of the U.S. military, poppy eradication, alternative livelihoods, and funding issues for Congress. | |||
| RS21412 (PDF, TXT) | Temporarily Filling Presidentially Appointed, Senate-Confirmed Positions | Henry B. Hogue, Government and Finance Division | January 25, 2008 |
| A vacant presidentially appointed, Senate-confirmed position (PAS position) can be filled temporarily under one of several authorities that do not require going through the Senate confirmation process. Under specific circumstances, many executive branch vacancies can be filled temporarily under the Federal Vacancies Reform Act of 1998 or by recess appointment. In some cases, temporary filling of vacancies in a particular position is specifically provided for in statute. Generally, designation or appointment under one of these methods confers upon the official the legal authority to carry out the duties of the office. Alternatively, an individual may be hired by the agency as a consultant. A consultant does not carry the legal authority of the office, and may act only in an advisory capacity. These temporary appointment tools may be of interest to the 110th Congress as the Administration of President George W. Bush completes its last year. | |||
| RL33445 (PDF, TXT) | The Proposed U.S.-Malaysia Free Trade Agreement | Michael F. Martin, Foreign Affairs, Defense, and Trade Division | January 25, 2008 |
| This report addresses the proposed U.S.-Malaysia free trade agreement (FTA). It provides an overview of the Malaysian economy, a review of U.S. interests in the proposed agreement, an examination of possible issues likely to arise during the negotiations, a comparison of tariff rates between the two countries, legislative procedures, and an appendix with a brief chronology and trade data - including U.S. exports and imports to Malaysia by sector and exports to Malaysia by state. | |||
| RL32438 (PDF, TXT) | U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques | Michael John Garcia, American Law Division | January 25, 2008 |
| Over the past several decades, a number of international agreements and declarations has condemned and/or sought to prohibit the practice of torture by public officials, leading some to conclude that torture is now prohibited under customary international law. Perhaps the most notable international agreement prohibiting torture is the United Nations Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (Convention or CAT), signed by the United States and over 140 other countries. | |||
| RL31329 (PDF, TXT) | Supplemental Educational Services for Children from Low-Income Families Under ESEA Title I-A | David P. Smole, Domestic Social Policy Division | January 25, 2008 |
| The ESEA is expected to be considered for reauthorization during the 110th Congress. Title I-A accountability provisions will likely be examined as part of reauthorization. This report reviews the delivery of supplemental educational services as a component of ESEA Title I-A accountability. | |||
| RL32571 (PDF, TXT) | Brazil's WTO Case Against the U.S. Cotton Program | Randy Schnepf, Resources, Science, and Industry Division | January 25, 2008 |
| This report provides background, as well as details of the WTO dispute settlement case. | |||
| RL33400 (PDF, TXT) | Youth Gangs: Background, Legislation, and Issues | Celinda Franco, Domestic Social Policy Division | January 25, 2008 |
| This report provides background information on the issue of youth gangs, including data on gangs and gang crime. It reviews existing anti-gang initiatives at the federal, state, and local levels, and describes some of the legislation proposed during the 110th Congress to address the gang problem, as well as some of the issues raised by those bills. | |||
| RL32276 (PDF, TXT) | The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens | Michael John Garcia, American Law Division | January 25, 2008 |
| The United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment of Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdiction. The Convention allows for no circumstances or emergencies where torture could be permitted. Additionally, CAT Article 3 requires that no state party expel, return, or extradite a person to another country where there are substantial grounds to believe he would be subjected to torture. | |||
| RL32890 (PDF, TXT) | Renditions: Constraints Imposed by Laws on Torture | Michael John Garcia, American Law Division | January 25, 2008 |
| This report discusses relevant international and domestic law restricting the transfer of persons to foreign states for the purpose of torture. | |||
| RL34145 (PDF, TXT) | International Food Aid and the 2007 Farm Bill | Charles E. Hanrahan, Resources, Science, and Industry Division | January 25, 2008 |
| Legislative authority for international food aid programs in the 2002 farm bill (P.L. 107-171) expires in 2007. The 110th Congress has been considering the extension and reauthorization of food aid programs as part of the 2007 farm bill. On December 14, 2007, the Senate passed its version of the 2007 farm bill, which included reauthorization of food aid programs in Title III, the trade title. The House passed its version of the 2007 farm bill (H.R. 2419) with its version of the trade title on July 27, 2007. | |||
| RL33732 (PDF, TXT) | Federal White-Collar Pay: FY2008 Salary Adjustments | Barbara L. Schwemle, Government and Finance Division | January 25, 2008 |
| Federal white-collar employees are intended by law to receive an annual pay adjustment and a locality-based comparability payment, effective in January of each year, under Section 529 of P.L. 101-509, the Federal Employees Pay Comparability Act (FEPCA) of 1990. The law has never been implemented as originally enacted; annual and locality payments pursuant to the statute have been reduced each year. Federal white-collar employees received a 2.5% annual pay adjustment and a 1.0% locality-based comparability payment in January 2008. President George W. Bush authorized the average 3.5% pay adjustment in Executive Order 13454, issued on January 4, 2008. Although the annual adjustment and the locality payment are sometimes referred to as cost-of-living adjustments, neither is based on changes in the cost of living. | |||
| RL31235 (PDF, TXT) | The Economics of the Federal Budget Deficit | Brian W. Cashell, Government and Finance Division | January 25, 2008 |
| The Congressional Budget Office (CBO) estimates that the federal budget deficit for FY2007 was $162.8 billion, a decline from the $248.2 billion deficit recorded in FY2006. The CBO baseline deficit projection for FY2008 is $219 billion. During the second half of the 1990s, deficit reduction was an important objective in the setting of overall budget policy. Between 1992 and 1998, a combination of budget policy and a booming economy entirely eliminated the deficit. But after four successive years of surpluses, outlays again exceeded revenues in 2002 and the budget has been in deficit since then. Strictly speaking, economics generally has little to say regarding whether a budget deficit is a good thing or not. Whether the budget is in deficit or surplus, and whether the budget deficit is growing or shrinking, have consequences for the performance of the economy, both in the short and long run. At the same time, the performance of the economy can have substantial effects on the budget as well. | |||
| RS21044 (PDF, TXT) | Background and Legal Issues Related to Human EmbryonicStem Cell Research | Edward Chan-Young Liu, American Law Division | January 25, 2008 |
| Federal funding of human embryonic stem cell procurement is prohibited by actions of both Congress and the current administration. Similarly, executive branch policy currently regulates the availability of federal funds for research using independently created embryonic stem cell lines. Pursuant to President Bush's August 2001 announcement, federal funds may be used to conduct research on certain human embryonic stem cells. Federal funding is limited to "the more than 60" existing stem cell lines that were derived (1) with the informed consent of the donors; (2) from excess embryos created solely for reproductive purposes; and (3) without any financial inducements to the donors. No federal funds may be used for the derivation or use of stem cell lines derived from newly destroyed embryos; the creation of any human embryos for research purposes; or cloning of human embryos for any purposes. During the 110th Congress, at least 10 bills responding to the limitations imposed by the President's 2001 announcement, including the Stem Cell Research Enhancement Act of 2007 (H.R. 3/S. 5/S. 997), have been introduced but none have yet become law. | |||
| RL34227 (PDF, TXT) | Agricultural Exports and the 2007 Farm Bill | Charles E. Hanrahan, Resources, Science, and Industry Division | January 25, 2008 |
| On December 14, 2007, the Senate passed its version of the 2007 farm bill. The House of Representatives passed its version of the 2007 farm bill (H.R. 2419) on July 27, 2007. Both bills, which would establish U.S. farm policy for 2008 through 2012, contain a trade title (Title III) that authorizes and amends U.S. Department of Agriculture (USDA) agricultural export programs and U.S. international food aid programs. This report assesses 2007 farm bill trade title provisions for U.S. agricultural export programs. | |||
| RS22794 (PDF, TXT) | Georgia's January 2008 Presidential Election: Outcome and Implications | Jim Nichol, Foreign Affairs, Defense, and Trade Division | January 25, 2008 |
| This report discusses the campaign and results of Georgia's January 5, 2008, presidential election and implications for Russia and U.S. interests. The election took place after the sitting president, Mikheil Saakashvili, suddenly resigned in the face of domestic and international criticism over his crackdown on political dissidents. Many observers viewed Saakashvili's re-election as marking some democratization progress, but some raised concerns that political instability might endure and that Georgia's ties with NATO might suffer. | |||
| RL32294 (PDF, TXT) | Haiti: Developments and U.S. Policy Since 1991 and Current Congressional Concerns | Maureen Taft-Morales and Clare Ribando Seelke, Foreign Affairs, Defense, and Trade Division | January 25, 2008 |
| Congressional concerns relating to Haiti include support for strengthening the transition to democracy; the cost and effectiveness of U.S. assistance; protection of human rights and improvement of security conditions; combating narcotics trafficking; limiting illegal Haitian migration; and addressing humanitarian needs. | |||
| RS20060 (PDF, TXT) | A Separate Consumer Price Index for the Elderly? | Brian W. Cashell, Government and Finance Division | January 25, 2008 |
| There is concern that the CPI-W may not accurately reflect the inflation experience of the elderly population. On average, the elderly spend relatively more on health care, whose price has tended to rise faster than overall prices. Other things being equal, that would suggest that the CPI-W tends to understate the inflation experience of the average elderly household. The Bureau of Labor Statistics (BLS) has developed an experimental price index to track inflation for the population aged 62 and older. The average annual rate of change between December 1982 and December 2007 for the experimental index was 3.3%; over the same period, the CPI-W rose at a 3.0% rate. No inflation measure for a large population group will exactly account for the experience of each member of that group. Differences in spending patterns, in combination with different rates of price change for all of the various goods and services included in the CPI, mean that individual inflation rate experiences may range significantly above or below the measured average | |||
| RS22585 (PDF, TXT) | WIPO Treaty on the Protection of Broadcasting Organizations | Margaret Mikyung Lee, American Law Division | January 25, 2008 |
| Because existing international agreements relevant to broadcasting protections do not cover advancements in broadcasting technology that were not envisioned when they were concluded, in 1998 the Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organization (WIPO) decided to negotiate and draft a new treaty that would extend protection to new methods of broadcasting, but has yet to achieve consensus on a text. In recent years, a growing signal piracy problem has increased the urgency of concluding a new treaty, resulting in a decision to restrict the focus to signal-based protections for traditional broadcasting organizations and cablecasting. Consideration of controversial issues of webcasting (advocated by the United States) and simulcasting protections are postponed. However, much work remains to achieve a final proposed text as the basis for formal negotiations to conclude a treaty. Despite a concerted effort to conclude a treaty in 2007, in June 2007 the SCCR decided that more time and work were needed. A concluded treaty would not take effect for the United States unless Congress enacts implementing legislation and the United States ratifies the treaty with the advice and consent of the Senate. Noting that the United States is not a party to the 1961 Rome Convention, various stakeholders have argued that a new broadcasting treaty is not needed, that any new treaty should not inhibit technological innovation or consumer use, and that Congress should exercise greater oversight over U.S. participation in the negotiations. | |||
| RS22596 (PDF, TXT) | FY2008 Appropriations for State and Local Homeland Security | Shawn Reese, Government and Finance Division | January 25, 2008 |
| Congress appropriated $4,228 million for FY2008 Department of Homeland Security assistance programs for states and localities, which is $841 million more than the FY2007 appropriation of $3,387 million. The Administration had requested an appropriation of $2,196 million, which was $1,191 million less than the FY2007 appropriated amount. The House-passed appropriation of $4,306 million for state and local programs was $920 million more than the FY2007 appropriated amount. The Senate committee reported Senate-passed appropriation of $4,136 million for state and local programs was $749 million more than the FY2007 appropriation. | |||
| RS22557 (PDF, TXT) | Public Housing: Fact Sheet on the New Operating Fund Formula | Maggie McCarty, Domestic Social Policy Division | January 26, 2008 |
| The local public housing authorities (PHAs) that administer the federal public housing program began receiving their annual federal operating subsidies under a new formula in January 2007. As a result, some PHAs experienced an increase in their eligibility for funding and others experienced a decrease, although both increases and decreases will be phased in (over two and five years, respectively). However, the amount that a PHA qualifies for under the new formula (whether it is an increase or a decrease) will be reduced if Congress appropriates less money than is necessary to fund all agencies at 100% of their eligibility. | |||
| RL30024 (PDF, TXT) | U.S. Global Climate Change Policy: Evolving Views on Cost, Competitiveness, and Comprehensiveness | Larry B. Parker and John E. Blodgett, Environment and Natural Resources Policy Division | January 28, 2008 |
| Arguing that "the developed country Parties should take the lead" in reducing emissions, the Convention states that developed countries shall aim toward returning their greenhouse gas emissions to their 1990 levels by the year 2000. In line with this goal, developed countries were to adopt national plans and policy options to mitigate climate change by reducing anthropogenic emissions and enhancing sinks. As discussed later, the United States submitted such plans in 1992, 1994, 1997, 2002, and 2006. | |||
| RL33733 (PDF, TXT) | Intelligence Estimates: How Useful to Congress? | Richard A. Best, Jr., Foreign Affairs, Defense, and Trade Division | January 28, 2008 |
| National Intelligence Estimates (NIEs) are often of considerable interest to many Members of Congress. They represent the most formal assessment of a given issue by the U.S. Intelligence Community and address issues of major national security importance which may require congressional action. The intelligence process, however, is not an exact science and, on occasion, NIEs have proved unreliable because they were based on insufficient evidence or contained faulty analysis. This was demonstrated in the NIE produced in 2002 on Iraqi Weapons of Mass Destruction, parts of which were significantly inaccurate. NIEs can provide insights into the likely effects of certain policy approaches, but they are not usually made to take into account the details of planned U.S. diplomatic, economic, military, or legislative initiatives. | |||
| RS22757 (PDF, TXT) | U.S. Arms Sales to Pakistan | Richard F. Grimmett, Foreign Affairs, Defense, and Trade Division | January 28, 2008 |
| This report reviews the issue of U.S. arms sales to Pakistan. It provides background details regarding recent major weapons transactions between the United States and Pakistan, as well as the rationale given for such sales. It also reviews the current statutory framework that governs U.S. weapons sales to Pakistan, including existing authorities that could be used to curtail or terminate existing or prospective sales to that country. | |||
| RS22663 (PDF, TXT) | U.S.-Funded Assistance Programs in China | Thomas Lum, Foreign Affairs, Defense, and Trade Division | January 28, 2008 |
| United States foreign assistance to the People's Republic of China (PRC) primarily supports democracy-related programs, particularly rule of law training, and assists Tibetan communities. The U.S. Congress has played a leading role in providing funding for democracy programs, which has grown from $10 million in FY2002 to an estimated $23 million in FY2007. Major program areas include legal training, legal aid, criminal defense, labor rights, and civil society development in China, monitoring human rights conditions in the PRC from outside China, and preserving Tibetan culture. | |||
| RS22704 (PDF, TXT) | The World Bank and Iran | Martin A Weiss and Jonathan E. Sanford, Foreign Affairs, Defense, and Trade Division | January 28, 2008 |
| Several laws restrict U.S. support for World Bank lending to Iran. Despite U.S. opposition, the World Bank has provided loans to Iran on several occasions over the past five years, and disbursements on these loans appears to be increasing. Several pieces of legislation: H.R. 1400, Iran Counter-Proliferation Act and S. 970, Iran Counter- Proliferation Act of 2007 would cut future U.S. funding to the World Bank if the Bank makes new loans to Iran. | |||
| RL33978 (PDF, TXT) | The U.S. Bilateral Investment Treaty Program: An Overview | Martin A. Weiss, Foreign Affairs, Defense, and Trade Division | January 28, 2008 |
| This report provides an overview of the U.S. Bilateral Investment Treaty (BIT) program and highlights two issues that may be of additional congressional interest: the impact of BITs on U.S. direct investment abroad and whether U.S. BITs promote economic reform in partner countries. | |||
| RS21716 (PDF, TXT) | Political Organizations Under Section 527 of the Internal Revenue Code | Erika Lunder, American Law Division | January 28, 2008 |
| Political organizations have the primary purpose of influencing federal, state, or local elections and conducting similar activities. Those that qualify under Section 527 of the Internal Revenue Code are taxed only on certain income. Under the Code, 527 organizations are subject to reporting requirements that involve registration, the periodic disclosure of contributions and expenditures, and the annual filing of tax returns. Section 527 organizations must also comply with applicable campaign finance laws. In the 110th Congress, the 527 Transparency Act of 2007 (H.R. 1204) would change the frequency of the periodic disclosure requirements and the penalties for violating them, and the State and Local Candidate Fairness Act of 2007 (H.R. 3771) would change the tax rates at which state and local candidates' principal campaign committees are taxed. This report describes these organizations, the reporting requirements they face under the Internal Revenue Code, and the two bills. | |||
| RS22120 (PDF, TXT) | Ballistic Missile Defense: Historical Overview | Steven A. Hildreth, Foreign Affairs, Defense, and Trade Division | January 28, 2008 |
| For some time now, ballistic missile defense (BMD) has been a key national security priority, even though such interest has been ongoing since the end of World War II. Many current BMD technologies date their start to the 1980s, and even earlier. This effort has been challenging technically1 and politically controversial. More than $120 billion has been spent on a range of BMD programs since the mid-1980s; Congress appropriated $9.4 billion for FY2007 and $9.9 billion for FY2008. This report provides a brief overview of U.S. BMD efforts to date. | |||
| RL33662 (PDF, TXT) | The War Crimes Act: Current Issues | Michael John Garcia, American Law Division | January 28, 2008 |
| The 1949 Geneva Conventions proscribe certain conduct by High Contracting Parties toward specified categories of vulnerable persons during armed conflict. High Contracting Parties are also required to provide effective penal sanctions against any person who commits (or orders the commission of) a "grave breach" of one of the Conventions, which is defined to include the wilful killing, torture or inhuman treatment, and the causing of great suffering or serious injury to body or health of protected persons. Congress approved the War Crimes Act of 1996 (P.L. 104-192) specifically to implement the Conventions' penal requirements. | |||
| RS21556 (PDF, TXT) | Agricultural Biotechnology: The U.S.-EU Dispute | Charles E. Hanrahan, Resources, Science, and Industry Division | January 28, 2008 |
| In May 2003, the United States, Canada, and Argentina initiated a dispute with the European Union concerning the EU's de facto moratorium on biotechnology product approvals, in place since 1998. Although the EU effectively lifted the moratorium in May 2004 by approving a genetically engineered (GE) corn variety (MON810), the three complainants pursued the case, in part because a number of EU member states continue to block already approved biotech products. Industry estimates are that the moratorium costs U.S. corn growers some $300 million in exports to the EU annually. U.S. officials also contend that the EU moratorium threatens U.S. agricultural exports to other parts of the world where the EU approach to regulating agricultural biotechnology is taking hold. On November 21, 2006, the WTO's Dispute Settlement Body (DSB) adopted the dispute panel's report, which ruled that a moratorium had existed, that bans on EUapproved GE crops in six EU member countries violated WTO rules, and that the EU failed to ensure that its approval procedures were conducted without "undue delay." The EU has announced it will not appeal the ruling. The United States and EU agreed on November 21, 2007 (subsequently extended to January 11, 2008), as a deadline for EU implementation of the panel report. On January 11, the U.S. Trade Representative announced that, while it was reserving its rights to retaliate, it would hold off seeking a compliance ruling while the United State s sought to normalize trade in biotechnology products with the EU. In a related development, France, citing environmental concerns, announced a ban on cultivation of MON810. The EU Commission would act within 60 days to either uphold or revoke the French ban. | |||
| RL34270 (PDF, TXT) | Open Source Intelligence (OSINT): Issues for Congress | Richard A. Best, Jr., and Alfred Cumming, Foreign Affairs, Defense, and Trade Division | January 28, 2008 |
| Open source information (OSINT) is derived from newspapers, journals, radio and television, and the Internet. Intelligence analysts have long used such information to supplement classified data, but systematically collecting open source information has not been a priority of the U.S. Intelligence Community (IC). In recent years, given changes in the international environment, there have been calls, from Congress and the 9/11 Commission among others, for a more intense and focused investment in open source collection and analysis. However, some still emphasize that the primary business of intelligence continues to be obtaining and analyzing secrets. | |||
| RS22545 (PDF, TXT) | Paraprofessional Quality and the No Child Left Behind Act of 2001 | Jeffrey J. Kuenzi, Domestic Social Policy Division | January 28, 2008 |
| The No Child Left Behind Act of 2001 (NCLBA) established minimum qualifications for paraprofessionals employed in Title I, Part A-funded schools. Paraprofessionals in such schools who perform instructional duties were required to meet these qualifications by the end of the 2005-2006 school year. This report describes the act's paraprofessional quality requirements and discusses their implementation and specification through guidance by the U.S. Department of Education. The report concludes with some issues that may arise as the 110th Congress considers reauthorization of the Elementary and Secondary Education Act of 1965 (ESEA). | |||
| RL30605 (PDF, TXT) | United Nations Regular Budget Contributions: Members Compared, 1989-2006 | Marjorie Ann Browne and Luisa Blanchfield, Foreign Affairs, Defense, and Trade Division | January 28, 2008 |
| Starting January 1, 2001, the United States was assessed to pay 22% of the annual United Nations regular budget. For calendar year 2006, 22% of the U.N. regular budget amounted to $423,464,855. Prior to January 1, 2001, the assessment level for the United States was 25%. This report shows, for the years 1989 through 2006, the assessment level, actual payment, and total outstanding contributions for the United States and each of the other U.N. members assessed at 1% or higher. For 2004, 2005, and 2006 a new category is included: the eight countries with assessments at 0.5% or larger but less than 1%. Three of these countries had, at some time since 1989, been assessed at 1%. Aggregated figures are provided for the rest of the U.N. membership. In 2006, the United States and 16 other nations were assessed to pay 86.408% of the U.N. budget. Contributors in the middle category were collectively assessed to pay 5.986%. In 2006, of the top 17 assessed countries, Brazil and the United States failed to pay their entire assessment and maintained unpaid or outstanding contributions. The matter of U.S. funding to the United Nations has been a high-profile congressional issue for a number of years. | |||
| RL32237 (PDF, TXT) | Health Insurance: A Primer | Bernadette Fernandez, Domestic Social Policy Division | January 28, 2008 |
| Given the frequent introduction of legislation aimed at modifying or building on the current health insurance system, understanding the potential impact of such proposals requires a working knowledge of how health insurance is designed, provided, purchased, and regulated. This report provides information about those topics. | |||
| RL34181 (PDF, TXT) | Distribution of Homeland Security Grants in FY2007 and P.L. 110-53, Implementing Recommendations of the 9/11 Commission Act | Shawn Reese and Steven Maguire, Government and Finance Division | January 28, 2008 |
| This report summarizes and compares the FY2007 and P.L. 110-53 Homeland Security Grant Program distribution methods: it also presents an estimate of State Homeland Security Grant Program guaranteed minimum allocations for FY2008 through FY2012. | |||
| RL33810 (PDF, TXT) | Internet Search Engines: Copyright's "Fair Use" in Reproduction and Public Display Rights | Robin Jeweler and Brian T. Yeh, American Law Division | January 28, 2008 |
| Hyperlinking, in-line linking, caching, framing, thumbnails. Terms that describe Internet functionality pose interpretative challenges for the courts as they determine how these activities relate to a copyright holder's traditional right to control reproduction, display, and distribution of protected works. At issue is whether basic operation of the Internet, in some cases, constitutes or facilitates copyright infringement. If so, is the activity is a "fair use" protected by the Copyright Act? These issues frequently implicate search engines, which scan the web to allow users to find posted content. Both the posted content and the end-use thereof may be legitimate or infringing. In 2003, the Ninth Circuit Court of Appeals decided Kelly v. Arriba Soft Corp., which held that a search engine's online display of protected "thumbnail" images was a fair use of copyright protected work. More recently, courts have considered an Internet search engine's caching, linking, and the display of thumbnails in a context other than that approved in Kelly. In Field v. Google, a U.S. district court found that Google's system of displaying cached images did not infringe the content owner's copyright. And in Perfect 10 v. Amazon.com Inc., the Ninth Circuit reconsidered issues relating to a search engine's practice using thumbnail images, inline linking, and framing, finding the uses to be noninfringing. | |||
| RS22030 (PDF, TXT) | U.S.-EU Cooperation Against Terrorism | Kristin Archick, Foreign Affairs, Defense, and Trade Division | January 28, 2008 |
| The September 11, 2001 terrorist attacks gave new momentum to European Union (EU) initiatives to improve law enforcement cooperation against terrorism both among its member states and with the United States. Washington has largely welcomed these efforts, recognizing that they may help root out terrorist cells and prevent future attacks. However, the United States and the EU continue to face several challenges as they seek to promote closer cooperation in the police, judicial, and border control fields. This report examines the evolution of U.S.-EU counterterrorism cooperation and the ongoing challenges that may be of interest in the second session of the 110th Congress. | |||
| RL33333 (PDF, TXT) | A Highly Qualified Teacher in Every Classroom: Implementation of the No Child Left Behind Act | Jeffrey J. Kuenzi, Domestic Social Policy Division | January 28, 2008 |
| This report examines implementation of NCLB requirement and estimates the extent to which schools will achieve the goal of placing a highly qualified teacher in every classroom. After describing the highly qualified teacher requirement in detail, the report analyzes data from a national survey of schools that provide information on teacher qualifications and subjects taught. These data suggest that more than four out of five teachers would have met NCLB definition of a highly qualified teacher prior to the date of enactment. The analysis also reveals differences between highly qualified and underqualified teachers - both in terms of the teachers' characteristics and the characteristics of the schools in which they teach. The findings have important implications for future policy-making in the area of teacher quality. The report concludes with a discussion of issues that may be considered as the Elementary and Secondary Education Act reauthorization process unfolds. These provisions, along with the rest of the Elementary and Secondary Education Act, will likely be considered for reauthorization by the 110th Congress. | |||
| 97-548 (PDF, TXT) | Should Credit Unions Be Taxed? | James M. Bickley, Government and Finance Division | January 28, 2008 |
| The issue of taxation of credit unions is examined in this report by covering the following eight topics: concept of a credit union, tax status, deregulation, arguments for and against taxation, debate in the 108th Congress, debate in the 109th Congress, debate in the 110th Congress, and trends. | |||
| RL33147 (PDF, TXT) | Immunities Accorded to Foreign Diplomats, Consular Officers, and Employees of International Organizations Under U.S. Law | Michael John Garcia, American Law Division | January 28, 2008 |
| This report describes the privileges and immunities generally owed by the U.S.to foreign diplomatic, consular, and international organization personnel undertreaties and statutes. Among the pertinent legal authorities are the ViennaConvention on Consular Relations, the Vienna Convention on Diplomatic Relations,the International Organizations Immunities Act, the Convention on the Privileges andImmunities of the United Nations, and the Agreement Regarding the Headquartersof the United Nations. Included are charts that detail the specific types of jurisdictionand obligations from which various categories of diplomatic and consular personnelare immune under each of these authorities. | |||
| RS22762 (PDF, TXT) | Loan Forgiveness for Public Service Employees Under the William D. Ford Direct Loan Program | David P. Smole, Domestic Social Policy Division | January 28, 2008 |
| The College Cost Reduction and Access Act of 2007 (CCRAA; P.L. 110-84) establishes a new loan forgiveness provision for borrowers of loans made under the William D. Ford Direct Loan (DL) program who are employed in public service jobs for 10 years during the repayment of their loans. Borrowers who make 120 monthly payments on or after October 2, 2007, according to specified repayment plan terms, while concurrently employed full-time in certain public service jobs, will have any loan balance of principal and interest remaining due after their 120th payment canceled or forgiven by the Secretary of Education. Since borrowers must make 120 monthly payments on or after October 2, 2007, while concurrently employed in public service jobs, borrowers will become eligible for loan forgiveness no earlier than 2017. This report provides a brief description of the DL program loan forgiveness provision for public service employees and identifies issues that may be addressed as it is implemented. | |||
| RS22350 (PDF, TXT) | Railroad Retirement Board: Retirement, Survivor, Disability, Unemployment, and Sickness Benefits | Kathleen Romig, Domestic Social Policy Division | January 29, 2008 |
| The Railroad Retirement Board (RRB) administers retirement, survivor, disability, unemployment, and sickness insurance for railroad workers and their families. This report describes RRB eligibility requirements, benefit types and compensation amounts, and program financing. | |||
| RL33331 (PDF, TXT) | U.S. Occupation Assistance: Iraq, Germany and Japan Compared | Nick Serafino, Curt Tarnoff, and Dick K. Nanto, Foreign Affairs, Defense, and Trade Division | January 29, 2008 |
| This report compares aggregate data on U.S. assistance to Iraq through FY2006 with U.S. assistance to Germany and Japan during the seven years following World War II. U.S. aid allocations (all grant assistance) for Iraq appropriated from 2003 through 2006 total $35.7 billion. About $11.8 billion (33%) went for economic infrastructure assistance. The remaining $23.8 billion was targeted at bolstering Iraqi security ($15.5 billion) and traditional political, social, and economic reform assistance ($8.3 billion). A higher proportion of Iraqi aid has been provided for economic reconstruction of critical infrastructure than was the case for Germany and Japan. Total U.S. assistance to Iraq thus far is about a fifth more than total assistance (adjusted for inflation) provided to Germany - and somewhat more than double that provided to Japan - from 1946-1952. | |||
| RL33647 (PDF, TXT) | A Civilian Reserve for Stabilization and Reconstruction Abroad: Summary of a Workshop on U.S. Proposals and International Experiences and Related Issues for Congress | Nina M. Serafino, Foreign Affairs, Defense, and Trade Division | January 29, 2008 |
| In its quest to enhance the U.S. government's capacity to address future conflict settlements, the Bush Administration seeks congressional support for the establishment of a multi-component, civilian "ready reserve" for post-conflict peacebuilding abroad. A Senate bill, the Reconstruction and Stabilization Civilian Management Act of 2006 (S. 3322), passed on May 26, 2006, would provide for the continued development of an effective expert civilian response capability for stabilization and reconstruction (S&R) activities as a core mission of the State Department and USAID. On June 1, 2006, the Congressional Research Service held a workshop, entitled Civilian Forces for Stabilization and Reconstruction: U.S. Proposals and International Experience, in order to clarify the issues involved in forming such a reserve. This report summarizes the main points of workshop proceedings and concludes with a discussion of related issues for Congress. | |||
| RL34141 (PDF, TXT) | Diplomacy for the 21st Century: Transformational Diplomacy | Kennon H. Nakamura and Susan B. Epstein, Foreign Affairs, Defense, and Trade Division | January 29, 2008 |
| This report provides an overview of Secretary of State Rice's transformational diplomacy plan. It examines the calls for reform of America's current diplomatic institutions, and the Administration's response - transformational diplomacy. The report also presents the concerns many experts have expressed regarding specific elements of this proposal, and a sample of reactions in other countries. Finally, the report discusses various issues that may be considered by Congress. | |||
| RL33318 (PDF, TXT) | Sentencing Levels for Crack and Powder Cocaine: Kimbrough v. United Sates and the Impact of United States v. Booker | Brian T. Yeh and Charles Doyle, American Law Division | January 29, 2008 |
| Judges have long been critical of the automatic prison terms, commonly referred to as mandatory minimum sentences, which were enacted pursuant to the Anti-Drug Abuse Act of 1986 in part to stem the drug trade. Now some judges are saying that with the combination of Democratic leadership and the growing Republican support for a modest change, this may provide the best chance in years for a review of the system if the 110th Congress revisits the sentencing laws which, according to Senate Judiciary staff members, is quite likely. | |||
| 98-253 (PDF, TXT) | U.S. Agricultural Trade: Trends, Composition, Direction, and Policy | Charles E. Hanrahan, Resources, Science; Beverly Banks and Carol Canada, Knowledge Services Group | January 29, 2008 |
| This report identifies trends in U.S. agricultural trade, examines the commodity composition of both agricultural exports and imports, assesses the relative importance of agricultural exports in relation to domestic production, provides estimates of export market shares for major categories of agricultural products, and discusses the principal markets for exports as well as major suppliers of agricultural products to the U.S. market. The report compares levels of support for agriculture in the United States and the European Union and compares the domestic, trade, and food aid policies and programs of the United States, the European Union, Canada, and Australia. | |||
| RL30294 (PDF, TXT) | Central Asia's Security: Issues and Implications for U.S. Interests | Jim Nichol, Foreign Affairs, Defense, and Trade Division | January 29, 2008 |
| This report discusses the internal and external security concerns of the Central Asian states. Security concerns faced by the states include mixes of social disorder, crime, corruption, Islamic extremism, terrorism, ethnic and civil conflict, border tensions, water and transport disputes, the proliferation of weapons of mass destruction (WMD), and illegal narcotics. The Central Asian states have tried with varying success to bolster their security forces and regional cooperation to deal with these threats. The United States has provided assistance for these efforts and boosted such aid and involvement after the terrorist attacks on the United States on September 11, 2001, but questions remain about what should be the appropriate level and scope of U.S. interest and presence in the region. | |||
| RL30797 (PDF, TXT) | Trends in Welfare, Work and Economic Well-Being of Female-Headed Families with Children: 1987-2006 | Thomas Gabe, Domestic Social Policy Division | January 29, 2008 |
| This report examines trends in welfare, work and economic well- being of female-headed families with children, the principal group affected by the replacement of AFDC with TANF. | |||
| RL33631 (PDF, TXT) | Copyright Licensing in Music Distribution, Reproduction, and Public Performance | Brian T. Yeh, American Law Division | January 29, 2008 |
| This report provides an overview of the complexities of the Copyright Act's provisions concerning music licensing in the digital age. Copyright law provides protection for original works of authorship by conferring certain exclusive rights upon their creators. Music is an example of a kind of literary and artistic work that falls squarely within the scope of copyright law. The realm of music copyright is characterized by two types of copyright holders: the holder of the musical work and the holder of the sound recording. The musical work copyright holder is typically the one who composes the piece of music. The sound recording copyright holder is the recorder of a rendition of the musical work. | |||
| RS22657 (PDF, TXT) | Latin America and the Caribbean: Fact Sheet on Economic and Social Indicators | Julissa Gomez-Granger, Knowledge Services Group | January 29, 2008 |
| This fact sheet tracks selected economic and social development indicators for Latin American and Caribbean countries. It also classifies country economies by income. The tables show the most recent data available at the time of printing from the World Bank, the United Nations Development Programme (UNDP), Economist Intelligence Unit (EIU), and the U.S. Department of State. | |||
| RL30677 (PDF, TXT) | Digital Surveillance: The Communications Assistance for Law Enforcement Act | Patricia Moloney Figliola, Resources, Science, and Industry Division | January 29, 2008 |
| Since 2004, the Federal Communications Commission (FCC) has been considering a number of questions as to how to apply CALEA to new technologies, such as Voice over Internet Protocol (VoIP). In August 2005, in response to a March 2004 petition by a group of law enforcement agencies, the FCC released a Notice of Proposed Rulemaking and Declaratory Ruling which required providers of certain broadband and interconnected VoIP services to accommodate law enforcement wiretaps. The FCC found that these services could be considered replacements for conventional telecommunications services already subject to wiretap rules, including circuit-switched voice service and dial-up Internet access. The Order is limited to facilities-based broadband Internet access service providers and VoIP providers that offer services that use the public switched telephone network ("interconnected VoIP providers). | |||
| RL34334 (PDF, TXT) | The Food and Drug Administration: Budget and Statutory History, FY1980-FY2007 | Judith A. Johnson, Donna V. Porter, Susan Thaul, and Erin D. Williams, Domestic Social Policy Division | January 29, 2008 |
| In order to inform the ongoing discussion about FDA, this report presents FDA's appropriations history and traces the evolution of the agency's statutory responsibility. It first provides a 28-year budget history for the agency along with personnel levels as shown by the number of full-time equivalent employees (FTEs). This report found that direct congressional inflation-adjusted appropriations (budget authority) to FDA doubled, and that the contribution of other funds, mostly user fees, increased more than 12-fold, resulting in an overall budget in FY2007 almost 2½ times that in FY1980. Between FY1980 and FY2006, the latest year with final FTE data, the agency's FTE level increased 19% overall, from a less than 1% increase in budget authority-funded FTEs and an almost fourfold increase in FTEs funded by other sources (mostly user fees). The report also provides a more detailed examination of the budget and personnel levels for each of FDA's major activity areas: Foods, Human Drugs, Biologics, Animal Drugs and Feeds, and Devices and Radiological Health. Findings include the relationship of user fees to budget authority, declining funding of research, and summaries of the major laws enacted since FY1980. | |||
| RL32023 (PDF, TXT) | Homeland Security Advisory System: Possible Issues for Congressional Oversight | Shawn Reese, Government and Finance Division | January 29, 2008 |
| The Homeland Security Advisory System (HSAS) is a color-coded terrorist threat warning system. While the need for terrorist threat warnings seems to be widely acknowledged, there are numerous issues associated with HSAS and its effects on states, localities, the public, and the private sector. These issues are addressed in this report. | |||
| RL32114 (PDF, TXT) | Botnets, Cybercrime, and Cyber Terrorism: Vulnerabilities and Policy Issues for Congress | Clay Wilson, Foreign Affairs, Defense, and Trade Division | January 29, 2008 |
| This report discusses options now open to nation states, extremists, or terrorist groups for obtaining malicious technical services from cybercriminals to meet political or military objectives, and describes the possible effects of a coordinated cyberattack against the U.S. critical infrastructure. | |||
| RL33626 (PDF, TXT) | International Monetary Fund: Reforming Country Representation | Martin A. Weiss, Foreign Affairs, Defense, and Trade Division | January 29, 2008 |
| This report explains how countries are represented at the IMF, discusses the reform agenda, analyzes various options to reform the quota system, and evaluates the role of Congress. | |||
| RL33757 (PDF, TXT) | U.S. Army and Marine Corps Equipment Requirements: Background and Issues for Congress | Andrew Feickert, Foreign Affairs, Defense, and Trade Division | January 29, 2008 |
| Equipping Reserve and National Guard units also presents challenges to the services. Traditionally, the Army National Guard and Reserve have been characterized as under-equipped and often times equipped with older equipment than their Active component counterparts. The Army has committed to both man and equip the Army Reserves and National Guard in a similar manner to the Active component. The Army and Marine Corps are also undertaking efforts to re-equip their pre-positioned stocks which were drawn upon to provide equipment for use in Afghanistan and Iraq. The Army and Marines are also actively pursuing the acquisition of new equipment based on wartime experiences. The Army and Marines have a number of equipment-related challenges to rectify which may require significant funding and management efforts. | |||
| RL34296 (PDF, TXT) | Democracy Promotion: Cornerstone of U.S. Foreign Policy? | Susan B. Epstein, Nina Serafino, and Francis T. Miko, Foreign Affairs, Defense, and Trade Division | January 29, 2008 |
| This report provides background information on democracy promotion policy and activities, discusses the difficulties involved in such efforts, and presents perspectives on the benefits and costs of such efforts. It also provides information on congressional efforts to assist other parliaments in democratizing countries. | |||
| RL34017 (PDF, TXT) | Vocational Rehabilitation Grants to States and Territories: Overview and Analysis of the Allotment Formula | Scott Szymendera, Domestic Social Policy Division | January 29, 2008 |
| This report provides an overview of the vocational rehabilitation program, including discussions on the eligibility for vocational rehabilitation services, the types of services provided by state and territorial vocational rehabilitation agencies, and the requirements concerning state plans and funding matches that states and territories must meet in order to qualify for federal grants. This report also discusses the current authorization for vocational rehabilitation grants and recent legislative attempts to extend this authorization. In addition, this report describes the formula used to determine each state and territory's allotment of vocational rehabilitation funds. Several issues surrounding this formula, including problems stemming from the use of FY1978 allotments as a baseline are analyzed. | |||
| RS22358 (PDF, TXT) | The Role of HUD Housing Programs in Response to Hurricane Katrina | Maggie McCarty, Libby Perl, and Bruce E. Foote, Domestic Social Policy Division; Eugene Boyd, Government and Finance Division | January 29, 2008 |
| This report details HUD's initial efforts to provide assistance to affected families and communities immediately after the storm. | |||
| RL33929 (PDF, TXT) | Recent Changes to the Section 8 Voucher Renewal Funding Formula | Maggie McCarty, Domestic Social Policy Division | January 29, 2008 |
| The Section 8 voucher renewal funding formula may again be a focus of debate as Congress considers the FY2009 budget. Further, Section 8 reform legislation that has been approved by the House contains statutory formula changes closely aligned with those included in the FY2007 and FY2008 funding acts. This report describes changes in the formula included in appropriations bills for FY2003 through FY2007. | |||
| 95-118 (PDF, TXT) | Pension Benefit Guaranty Corporation: A Fact Sheet | John J. Topoleski, Domestic Social Policy Division | January 29, 2008 |
| The Pension Benefit Guaranty Corporation (PBGC) is a federal government agency established in 1974 by the Employee Retirement Income Security Act (ERISA) (P.L. 93- 406). It was created to protect the pensions of participants and beneficiaries covered by private sector, defined benefit (DB) plans. These pension plans provide a specified monthly benefit at retirement, usually either a percent of salary or a flat dollar amount multiplied by years of service. Defined contribution plans, such as §401(k) plans, are not insured. The PBGC is chaired by the Secretary of Labor, with the Secretaries of Treasury and Commerce serving as board members. | |||
| RL34026 (PDF, TXT) | Defense Acquisition: Overview, Issues, and Options for Congress | Valerie Bailey Grasso, Foreign Affairs, Defense, and Trade Division | January 29, 2008 |
| During the second session of the 110th Congress, Congress may examine several provisions in the proposed FY2008 National Defense Authorization Act (H.R. 4986). They include (1) a requirement for a variety of acquisition reports and plans, including the establishment of a defense acquisition workforce development fund; (2) the establishment of a Defense Materials Readiness Board; and (3) a prohibition on awarding future contracts to Lead Systems Integrators (LSIs). Other provisions include (1) a requirement for to Comptroller General report on potential modifications to the organization and structure of DOD major acquisition programs; (2) a review by the Under Secretary of Defense for Acquisition, Technology and Logistics for systemic deficiencies in certain major DOD acquisition programs; and (3) a requirement for a quadrennial review of DOD roles, missions, core competencies and capabilities. | |||
| RL31590 (PDF, TXT) | The Federal Government Debt: Its Size and Economic Significance | Brian W. Cashell, Government and Finance Division | January 29, 2008 |
| That there is more than one measure of federal debt may lead to some confusion. This report explains the different measures of the U.S. government debt, discusses the historical growth in the debt, identifies the current owners of the debt, presents comparisons with the public debt in other countries, and examines the potential economic risks associated with a growing federal debt. | |||
| RL32284 (PDF, TXT) | An Overview of the Section 8 Housing Program | Maggie McCarty, Domestic Social Policy Division | January 29, 2008 |
| Congressional interest in the Section 8 program has increased in recent years, particularly as the program costs have rapidly grown, led by cost increases in the voucher program. In order to understand why costs are rising so quickly, it is important to first understand how the program works and its history. This report presents an overview of that history and introduces the reader to the program. | |||
| RS22729 (PDF, TXT) | International Monetary Fund (IMF): Financial Reform and the Possible Sale of IMF Gold | Martin A. Weiss and Jonathan E. Sanford, Foreign Affairs, Defense, and Trade Division | January 29, 2008 |
| The International Monetary Fund faces a unique set of challenges in the current economic environment. With the continuing growth in the emerging market economies, the demand for IMF assistance has shrunk dramatically. In order to prevent a future need for an IMF-bailout, many emerging market countries are accumulating vast amounts of foreign exchange reserves. In 2006, IMF Managing Director Rodrigo de Rato created a panel of "eminent persons" to advise the IMF about reform of its income model, given the lower demand for IMF lending. The panel proposed the creation of an endowment that would be funded either with quota resources or through the sale of gold from the IMF reserves. This has raised questions among Members of Congress about the benefits of selling IMF gold and the presumed need for reform of the IMF's income model. This report discusses these issues. | |||
| RL32342 (PDF, TXT) | NATO and the European Union | Kristin Archick and Paul Gallis, Foreign Affairs, Defense, and Trade Division | January 29, 2008 |
| This report addresses several questions central to the debate over European security and the future of the broader transatlantic relationship. | |||
| RS22701 (PDF, TXT) | Security and Prosperity Partnership of North America: An Overview and Selected Issue | M. Angeles Villarreal, Foreign Affairs, Defense, and Trade Division; Jennifer E. Lake, Domestic Social Policy Division | January 29, 2008 |
| The Security and Prosperity Partnership of North America (SPP) is a three-country initiative that is intended to increase cooperation and information sharing in an effort to increase and enhance prosperity in the United States, Canada, and Mexico. The SPP was endorsed by the leaders of the three countries, but it is not a signed agreement or treaty and, therefore, contains no legally binding commitments or obligations. The goals of the prosperity components of the SPP are to increase cooperation and sharing of information in order to improve productivity, reduce the costs of trade, and enhance the quality of life. The goal of the security components of the SPP is to coordinate the security efforts undertaken by each of the three participating nations to better protect citizens from terrorist threats and transnational crime while promoting the safe and efficient movement of legitimate people and goods. Congressional interest in the SPP concerns possible implications related to the North American economic cooperation, national sovereignty, transportation corridors, cargo security, and border facilitation. | |||
| RL33769 (PDF, TXT) | International Crises and Disasters: U.S. Humanitarian Assistance, Budget Trends, and Issues for Congress | Rhoda Margesson, Foreign Affairs, Defense, and Trade Division | January 29, 2008 |
| Humanitarian emergencies can emerge anywhere in the world, stemming from natural disasters or man-made conflicts. U.S. and international humanitarian assistance can have an important impact not only on the relief operation itself but on broader foreign policy issues. In the second session of the 110th Congress, humanitarian assistance is likely to enjoy continued bipartisan support, with key policy issues focused on budget priorities, levels of funding, and the types of other support available worldwide. | |||
| RL33661 (PDF, TXT) | Retiring Baby-Boomers = A Labor Shortage? | Linda Levine, Domestic Social Policy Division | January 30, 2008 |
| This report takes a close look at the labor shortage scenario prompted by babyboomers moving from the work phase to the retirement phase of their lives. It first sets forth past and projected trends in the supply of labor available to U.S. businesses in general. The potential impact of the baby-boom generation's withdrawal from the workforce on different industries, and the occupations within them, is then analyzed. The report concludes with an examination of factors that could affect the likelihood of an imbalance between labor supply and demand in the coming years. | |||
| RS21470 (PDF, TXT) | Noncitizen Eligibility for Major Federal Public Assistance Programs: Legal Concepts | Alison M. Smith, American Law Division | January 30, 2008 |
| The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 dramatically changed noncitizen eligibility for public assistance. This Act prohibits many classes of noncitizens, legal and illegal aliens alike, from receiving assistance. In addition, states have greater discretion in establishing eligibility for receipt of public benefits. These changes in eligibility rules have required courts to revisit prior case law and determine how principles that were expressed in the context of earlier, simpler regulation of noncitizen benefits apply now. This report reviews the holdings of the major pre-1996 cases, and examines how they are being applied in the new regulatory environment. | |||
| RL31647 (PDF, TXT) | Title III and Title V of the Higher Education Act: Background and Reauthorization Issues | Charmaine Mercer, Domestic Social Policy Division | January 30, 2008 |
| This report provides an overview of the various programs established by Titles III and V of the HEA. The report primarily focuses upon the structure of the programs, and includes data on participation and annual funding2. It concludes with an analysis of possible issues related to Title III and Title V that may be considered during the HEA reauthorization. | |||
| RL31668 (PDF, TXT) | Federal Pell Grant Program of the Higher Education Act: Background and Reauthorization | Charmaine Mercer, Domestic Social Policy Division | January 30, 2008 |
| This report reviews how the program works and provides analysis of program funding, recipients (numbers and characteristics), and the role being played by the program in the distribution of federal student aid. It concludes with an examination of several Pell-related issues that may be considered by the Congress in the HEA reauthorization process. | |||
| RL33875 (PDF, TXT) | Electric Transmission: Approaches for Energizing a Sagging Industry | Amy Abel, Resources, Science, and Industry Division | January 30, 2008 |
| This report discusses factors that have contributed to the lack of new transmission capacity and some of the resulting issues, including: background on the evolution of the regulatory structure, including the creation of an electric reliability organization (ERO); issues associated with operating a congested transmission system; security of the physical assets; siting of transmission lines; cost implications of burying power lines; pricing of new transmission projects; and funding of these projects. In addition, this report reviews approaches being taken to address the lack of investment in transmission infrastructure and transmission congestion. | |||
| RL34233 (PDF, TXT) | The MS-13 and 18th Street Gangs: Emerging Transnational Gang Threats? | Celinda Franco, Domestic Social Policy Division | January 30, 2008 |
| Two predominantly Latino gangs, Mara Salvatrucha (MS-13) and the 18th Street gang (M-18), have raised concern among policy makers for several reasons: (1) membership in these gangs has spread from the Los Angeles area to other communities across the United States; (2) these gangs are becoming "transnational," primarily because MS-13 and M-18 cliques are being established in Central America and Mexico; (3) evidence suggests that these gangs are engaged in criminal enterprises normally associated with better organized and more sophisticated crime syndicates; and (4) MS-13 and M-18 gang members may be involved in smuggling operations and, by extension, could potentially use their skills and criminal networks to smuggle terrorists into the United States. To date, however, no evidence exists establishing a link between MS-13 and M-18 members and terrorists. | |||
| RS22761 (PDF, TXT) | Extending Trade Adjustment Assistance (TAA) to Service Workers: How Many Workers Could Potentially Be Covered? | John J. Topoleski, Domestic Social Policy Division | January 30, 2008 |
| Trade Adjustment Assistance (TAA) provides income support and training assistance to workers who become unemployed for certain trade-related reasons. Only workers who make an article (i.e., manufacturing workers) are eligible for TAA. Under current law, service workers who become unemployed for a trade-related reason (e.g., outsourcing) are ineligible for TAA. Several bills in the 110th Congress (S. 1848, H.R. 910, H.R. 3589, H.R. 3920) would expand TAA to include service workers and public sector employees. The available data indicates that the number of displaced manufacturing workers in offshorable occupations from 2003 to 2005 (489,000) roughly equals the number of TAA-certified manufacturing workers over the same period (450,000). There were 840,000 workers displaced from offshorable nonmanufacturing occupations from 2003 to 2005, suggesting that the pool of TAA-eligible workers could have increased by over 170% if service workers had been eligible for TAA. In January 2006, nearly three times as many employed nonmanufacturing workers were in offshorable occupations (20.7 million) than employed manufacturing workers in offshorable occupations (7.7 million), suggesting a large increase in the pool of potentially eligible TAA workers. | |||
| RL34134 (PDF, TXT) | Agriculture in U.S. Free Trade Agreements: Trade with Current and Prospective Partners, Impact, and Issues | Remy Jurenas, Resources, Science, and Industry Division | January 30, 2008 |
| This report looks at developments in U.S. agricultural trade with each current and prospective FTA partner, and the issues that came up during negotiations or that are still outstanding. | |||
| 96-816 (PDF, TXT) | Countries of the World and International Organizations: Sources of Information | Barbara Salazar Torreon, Knowledge Services Group | January 30, 2008 |
| This report provides a selection of materials for locating general and specific information on foreign countries and international organizations. Included are titles of some of the most frequently consulted bibliographic sources that are available for use in most libraries. Electronic information on foreign countries is also provided via the Internet by agencies of the federal government, international organizations, and related sources. Included is a list of foreign chanceries located in Washington, D.C. | |||
| RL31919 (PDF, TXT) | Federal Laws Related to Identity Theft | Gina Marie Stevens, American Law Division | January 30, 2008 |
| This report provides an overview of the federal laws that could assist victims of identity theft with purging inaccurate information from their credit records and removing unauthorized charges from credit accounts, as well as federal laws that impose criminal penalties on those who assume another person's identity through the use of fraudulent identification documents. | |||
| RL33636 (PDF, TXT) | The European Union's Energy Security Challenges | Paul Belkin, Foreign Affairs, Defense, and Trade Division | January 30, 2008 |
| This report examines some of Europe's critical energy challenges and EU efforts to coordinate a common European energy strategy. It also includes an overview of broader transatlantic energy security cooperation. | |||
| RS22756 (PDF, TXT) | The Homeowners' Defense Act: An Overview | Rawle O. King, Government and Finance Division | January 30, 2008 |
| Legislation (H.R. 3355/S 2310) has been introduced to establish a not-for-profit corporation, the National Catastrophe Risk Consortium, to facilitate states in creating pools of catastrophe risks that are partially transferred to capital market investors through ILS and financial products that provide insurers with a mechanism to generate sufficient funds if an event occurs. The bill also would extend federal direct loans to qualified state reinsurance programs experiencing capital liquidity shortages and longterm debt needs. The aim of the liquidity loans, which must be repaid, is to ensure that participating programs can access immediate cash to make good on their obligations after a catastrophic event. The objective of the long-term loan program is to ensure that qualifying reinsurance programs can find a buyer of long-term debt to finance large loss events. Both the Consortium and loan programs seek to promote a stable catastrophe insurance market and avoid widespread insurer insolvencies after a natural catastrophe. The Consortium would operate as a congressionally chartered not-for-profit corporation. H.R. 3355 also clarifies that the federal government will bear no liabilities from the actions of the Consortium. | |||
| RL34344 (PDF, TXT) | Alcohol Use Among Youth | Andrew R. Sommers and Ramya Sundararaman, Domestic Social Policy Division | January 30, 2008 |
| This report describes the extent of alcohol use by youth, federal surveillance systems for monitoring underage drinking, judicial and legislative activity on this issue, and various policy implications. | |||
| RS22614 (PDF, TXT) | The National Oceanic and Atmospheric Administration (NOAA): A Review of the FY2008 Budget and Congressional Appropriations | Wayne A. Morrissey, Knowledge Services Group | January 30, 2008 |
| Congress passed H.R. 2464 (amended), the Consolidated Appropriations Act of FY2008 (P.L. 110-161). Division B, Title I of the law funded the National Oceanic and Atmospheric Administration (NOAA) in the Department of Commerce at almost $3.89 billion. The House previously passed H.R. 3093, Commerce, Justice, Science, and Related Agencies Appropriations for FY2008, and approved $3.95 billion for the agency. The Senate amended H.R. 3093 and approved $4.21 billion for NOAA. President Bush had requested $3.81 billion in discretionary appropriations for FY2008. For FY2007 the NOAA appropriation was authorized through a revised continuing resolution (P.L. 110-5), which funded most individual NOAA programs at the FY2006 appropriation level. Further, a FY2007 emergency appropriation of $170.4 million was provided to NOAA for assisting in recovery from its 2005 Hurricane Katrina losses. The President's FY2008 budget prioritized NOAA satellite systems and requirements to ensure that critical meteorological and climate observations and data collection would not be interrupted. The Administration also proposed $123 million in new funding for ocean research and sustainable fisheries management to support the President's updated Ocean Action Plan. However, ocean advocates argued that the amount was insufficient. In the first session of the 110th Congress, legislation was considered to codify all of NOAA's budget authority under a comprehensive organic act. | |||
| RL33004 (PDF, TXT) | Cash Balance Pension Plans and Claims of Age Discrimination | Erika Lunder and Jennifer Staman, American Law Division | January 30, 2008 |
| This report describes cash balance plans, discusses the arguments that cash balance plans do and do not violate the age discrimination prohibitions, provides an overview of the court cases, and addresses the activity by the Treasury Department and Congress. | |||
| RS21904 (PDF, TXT) | The Financial Action Task Force: An Overview | James K. Jackson, Foreign Affairs, Defense, and Trade Division | January 30, 2008 |
| The United States plays a leading role in the Financial Action Task Force on Money Laundering (FATF). The independent, intergovernmental policy-making body was established by the 1989 G-7 Summit in Paris as a result of growing concerns among the Summit participants about the threat posed to the international banking system by money laundering. After September 11, 2001, the body expanded its role to include identifying sources and methods of terrorist financing and has adopted nine Special Recommendations on terrorist financing to track terrorists' funds. This report provides an overview of the Task Force and of its progress to date in gaining broad international support for its Recommendations. | |||
| RL33892 (PDF, TXT) | Post-Katrina Insurance Issues Surrounding Water Damage Exclusions in Homeowners' Insurance Policies | Rawle O. King. Government and Finance Division | January 30, 2008 |
| In the aftermath of Hurricanes Katrina and Rita, homeowners in Louisiana, Mississippi, and Alabama have protested what they view as inappropriate obstacles to the payment of their property damage insurance claims. When insurance adjustors and damage experts assessed the properties damaged by the 2005 storms, they were faced with the issue of allocating damages between wind (a covered loss) and flood (an excluded loss). The delays and economic uncertainty that this activity has engendered have raised financial and legal issues for insurers, as well as homeowners and businesses along the Gulf Coast region. | |||
| RS22747 (PDF, TXT) | California Wildfires: The Role of Disaster Insurance | Rawle O. King, Government and Finance Division | January 30, 2008 |
| Generally speaking, losses from wildfires have been a manageable risk in the private insurance market. Insurance coverage has been widely available both in the standard insurance market and in residual or "involuntary" markets established through state legislation in the early 1970s to assure markets for risks not always available or affordable in the standard market. In California, applicants for fire coverage under the Fair Access to Insurance Requirement (FAIR) plan must live in areas of the state specifically designated by the insurance commissioner. Assistance for uninsured losses is being met through standing authorities; the need for additional federal legislation is not yet known. Federal costs to cover uninsured losses associated with the wildfires in California may require supplemental appropriations. Some may also argue that pending legislation (H.R. 3355/S. 2310, the Homeowners' Defense Act of 2007) would provide a federal backstop for state-sponsored insurance programs to help homeowners prepare for and recover from the damages caused by natural catastrophes such as the wildfires. | |||
| RL34052 (PDF, TXT) | The Flood Insurance Reform and Modernization Act of 2007: A Summary of Key Provisions | Rawle O. King, Government and Finance Division | January 30, 2008 |
| Legislative efforts are now underway in Congress to reform the NFIP. On March 26, 2007, Representative Barney Frank introduced H.R. 1682, the Flood Insurance Reform and Modernization Act of 2007, in order to "restore the financial solvency of the national flood insurance program" and other purposes. On July 19, 2007, Representative Maxine Waters introduced H.R. 3121 - a bill that is substantially similar to H.R. 1682. H.R. 3121 added two new sections to allow for the purchase of optional insurance that would cover flood and windstorm losses (Section 7), and to extend the NFIP five years through September 30, 2013 (Section 27). Section 4 of the bill was modified to reflect minor changes of the phase-in of actuarial rates beginning on January 1, 2011. On November 1, 2007, Senator Dodd introduced S. 2284, a flood insurance reform bill designed to increase the amount of premiums collected and reduce the cost of expected claims. S. 2284 would also forgive the program's outstanding debt to the Treasury. | |||
| RL33109 (PDF, TXT) | Immigration Policy on Expedited Removal of Aliens | Alison Siskin and Ruth Ellen Wasem, Domestic Social Policy Division | January 30, 2008 |
| In the 110th Congress, bills have been introduced that would expand expedited removal (H.R. 519 and H.R. 3638), codify current policy (H.R. 750, H.R. 2413,H.R. 2954, and H.R. 4065), or add new protections for those in expedited removal (S. 1639). Proponents of expanding expedited removal point to the lengthy procedural delays and costs of the alien removal process. They cite statistics that indicate that the government is much more successful at removing detained aliens (aliens in expedited removal must be detained) than those not detained. They argue that aliens who entered the country illegally should not be afforded the due process and appeals that those who entered legally are given under the law. They point to the provision added to INA in 1996 that clarified that aliens who are in the United States without inspection are deemed to be "arriving" (i.e., not considered to have entered the United States and acquired the legal protections it entails). Advocates for requiring mandatory expedited removal maintain that it is an essential policy tool to handle the estimated 12 million unauthorized aliens in the United States. | |||
| RL33185 (PDF, TXT) | Liberia's Post-War Recovery: Key Issues and Developments | Nicolas Cook, Foreign Affairs, Defense, and Trade Division | January 30, 2008 |
| This report covers recent events in Liberia, a small, poor West African country. It held elections in October 2005, with a presidential runoff in November, a key step in a peace-building process following its second civil war in a decade. That war began in 1999, escalated in 2000, and ended in 2003. It pitted the forces of Charles Taylor, elected president in 1997 after Liberia's first civil war (1989-1997), against two armed anti-Taylor rebel groups. It also destabilized neighboring states, which accepted Liberian refugees and, in some cases, hosted anti-Taylor forces and became targets of the Taylor regime. | |||
| RL33832 (PDF, TXT) | Genetic Testing: Scientific Background for Policymakers | Amanda K. Sarata, Domestic Social Policy Division | January 30, 2008 |
| In the 110th Congress, several pieces of legislation have been introduced that relate to genetic and genomic technology and testing. These include bills addressing genetic discrimination in health insurance and employment, personalized medicine, the patenting of genetic material, and the quality of laboratory tests. The introduction of these bills signals the growing importance of the public policy issues surrounding the clinical and public health implications of new genetic technology. As genetic technologies proliferate and are increasingly used to guide clinical treatment, these public policy issues are likely to continue to garner considerable attention. Understanding the basic scientific concepts underlying genetics and genetic testing may help facilitate the development of more effective public policy in this area. | |||
| RL33411 (PDF, TXT) | Ecosystem Restoration in the Great Lakes: The Great Lakes Regional Collaboration Strategy | Pervaze Sheikh, Resources, Science, and Industry Division | January 30, 2008 |
| The U.S. Congress has recognized the importance of the Great Lakes ecosystem and has played a role in restoration efforts in the Great Lakes. Congress has enacted more than 30 federal laws specifically focused on restoring aspects of the Great Lakes basin. These laws have authorized several activities ranging from grant programs that fund mitigation of toxic substances to restoration programs that improve water quality and fish and wildlife habitat. Congress has not, however, enacted legislation to authorize an overall detailed plan for restoring the Great Lakes, such as the Comprehensive Everglades Restoration Plan for restoring the Greater Everglades ecosystem in Florida. | |||
| RL32369 (PDF, TXT) | Immigration-Related Detention: Current Legislative Issues | Alison M. Siskin, Domestic Social Policy Division | January 30, 2008 |
| There are many policy issues surrounding detention of aliens. The Illegal Immigrant Reform and Immigrant Responsibility Act of 1996 (IIRIRA) increased the number of aliens subject to mandatory detention, and raised concerns about the justness of mandatory detention, especially as it is applied to asylum seekers arriving without proper documentation. Additionally, the increase in the number of mandatory detainees has raised concerns about the amount of detention space available to house DHS detainees. Some contend that decisions on which aliens to release from detention and when to release aliens from detention may be based on the amount of detention space, not on the merits of individual cases. | |||
| RS20803 (PDF, TXT) | Codes of Conduct for Multinational Corporations: An Overview | James K. Jackson, Foreign Affairs, Defense, and Trade Division | January 30, 2008 |
| The U.S. economy is growing increasingly interconnected with other economies around the world, a phenomenon often referred to as globalization. As U.S. businesses expand globally, however, various groups across the social and economic spectrum are growing concerned over the economic, social, and political impact of this activity. Over the past 15 years, multinational corporations and nations have adopted voluntary, legally enforceable, and industry-specific codes of conduct to address many of these concerns. Congress will continue to play a pivotal role in addressing the large number of issues regarding internationally applied corporate codes of conduct that remain to be negotiated. | |||
| RL33593 (PDF, TXT) | Medicaid Coverage for Long-Term Care: Eligibility, Asset Transfers, and Estate Recovery | Julie Stone, Domestic Social Policy Division | Updated January 31, 2008 |
| This report provides an explanation of Medicaid's current eligibility, asset transfer, and estate recovery rules. A policy discussion of the potential implications of these rules follows. Appendix 1 provides a summary of DRA's provisions concerning asset transfers, eligibility, and estate recovery. Appendix 2 summarizes the Supplemental Security Income (SSI) rules concerning countable and non-countable assets, often used by states for Medicaid eligibility purposes. | |||
| RL33550 (PDF, TXT) | Trade Remedy Legislation: Applying Countervailing Action to Nonmarket Economy Countries | Vivian C. Jones, Foreign Affairs, Defense, and Trade Division | January 31, 2008 |
| Legislation seeking to apply countervailing action to NME countries has been introduced in the 110th Congress. This legislation includes S. 364 (Rockefeller); H.R. 571 (Tancredo), H.R. 708 (English); H.R. 782 (Ryan/Hunter) H.R. 2942 (Ryan/Hunter) and related bill S. 796 (Bunning/Stabenow); H.R. 1229 (Davis/English) and related bills S. 974 (Collins/Bayh) and S. 1919 (Baucus, introduced August 1, 2007). The Bush Administration has also taken some recent steps to address the issue. | |||
| RS21349 (PDF, TXT) | U.S. Immigration Policy on Haitian Migrants | Ruth Ellen Wasem, Domestic Social Policy Division | January 31, 2008 |
| The environmental, social, and political conditions in Haiti have long prompted congressional interest in U.S. policy on Haitian migrants, particularly those attempting to reach the United States by boat. While some observers assert that such arrivals by Haitians are a breach in border security, others maintain that these Haitians are asylum seekers following a decades old practice of Haitians coming by boat without legal immigration documents. Migrant interdiction and mandatory detention are key components of U.S. policy toward Haitian migrants, but human rights advocates express concern that Haitians are not afforded the same treatment as other asylum seekers. Relevant legislation includes H.R. 454, H.R. 522, and H.R. 750. | |||
| RL31873 (PDF, TXT) | Banking and Financial Infrastructure Continuity | N. Eric Weiss, Government and Finance Division | January 31, 2008 |
| This report outlines the financial sector's recovery plans for two kinds of disasters: the inability to conduct transactions and the large losses of asset value. The basic function of the payment system is carried out by banks, and monetary policy affects them immediately. Because brokers, exchanges, secondary market facilities, and insurance companies carry out crucial financial functions, their regulators and trade associations are involved in continuity of operations planning. | |||
| RL33266 (PDF, TXT) | Federal Student Aid Need Analysis System: Background, Description, and Legislative Action | Charmaine Mercer, Domestic Social Policy Division | January 31, 2008 |
| This report provides an overview of the federal need analysis system, including a discussion of recent legislative changes and proposals. | |||
| RL34217 (PDF, TXT) | Medicare Program Integrity: Activities to Protect Medicare from Payment Errors, Fraud, and Abuse | Holly Stockdale, Domestic Social Policy Division | January 31, 2008 |
| This report provides an overview of Medicare's program integrity efforts. A definition of program integrity is presented, as well as descriptions of the types of activities, organizations, and agencies involved in protecting Medicare's integrity on a day-to-day basis. The report continues with a history of federal funding for Medicare's anti-fraud activities and a discussion of findings from recent studies on program integrity efforts. The report concludes with a description of current issues. | |||
| RL32773 (PDF, TXT) | The Global Peace Operations Initiative: Background and Issues for Congress | Nina M. Serafino, Foreign Affairs, Defense, and Trade Division | January 31, 2008 |
| Congress has tended to view the concept of the GPOI program favorably, but the 109th Congress balked at providing funding for a number of reasons: a lack of a strategic plan and evaluation program, perceived laxness in management, and a sense of a less than full commitment to the program by State Department, among others. The State Department has taken some steps to remedy these perceived shortcomings. While fully funding GPOI for FY2008, the first session of the 110th Congress has questioned whether the GPOI program is meeting its goals, and whether it is too Africa-centric. | |||
| RL30533 (PDF, TXT) | Quasi-Government: Hybrid Organizations with Both Government and Private Sector Legal Characteristics | Kevin R. Kosar, Government and Finance Division | January 31, 2008 |
| This report describes the several categories of entities (e.g. government-sponsored enterprises; venture capital funds) that together comprise what has been called the "quasi government." The entities, while not being agencies of the United States, possess legal characteristics of both the governmental and private sectors. The implications of the growth in the quasi government are reviewed and analyzed. | |||
| RL34023 (PDF, TXT) | State, Foreign Operations, and Related Programs: FY2008 Appropriations | Connie Veillette and Susan B. Epstein, Foreign Affairs, Defense, and Trade Division | January 31, 2008 |
| For the first time, House and Senate bills encompass both State Department and foreign operations spending. Prior to the 109th Congress, the State Department was funded in both the House and Senate Commerce, State, and Justice bills, and Foreign Operations was funded in its own measure. This report analyzes the FY2008 budget request and funding trends, including major issues Congress may consider, and tracks congressional action. | |||
| RL33680 (PDF, TXT) | The Federal Funding Accountability and Transparency Act: Background, Overview, and Implementation Issues | Garrett Leigh Hatch, Government and Finance Division | January 31, 2008 |
| This report initially discusses the background of S. 2590, noting in particular how it compared to similar legislation in the House of Representatives. It then discusses the Federal Funding Accountability and Transparency Act's provisions, noting what types of assistance are to be part of the new database, the primary sources of the data, and deadlines for implementation. Finally, the report identifies and discusses issues that have been raised regarding the act that might affect its implementation, and that therefore might prove to be areas for future congressional oversight. | |||
| RL33896 (PDF, TXT) | Unaccompanied Alien Children: Policies and Issues | Chad C. Haddal, Domestic Social Policy Division | January 31, 2008 |
| The debate over UAC policy has polarized in recent years between two camps: child welfare advocates arguing that the UAC are largely akin to refugees by being victims of abuse and economic circumstances, and immigration security advocates charging that unauthorized immigration is associated with increased community violence and illicit activities. Consequently, these two camps advocate very different policies for the treatment of UAC. This polarization is to some degree reflected in the tension between DHS and ORR, which despite attempts and congressional urging have failed to produce a Memorandum of Understanding between the two agencies. | |||
| RL32625 (PDF, TXT) | Passenger Rail Security: Issues and Legislation in the 110th Congress | David Randall Peterman, Resources, Science, and Industry Division | January 31, 2008 |
| This report summarizes the challenges of securing passenger rail systems, options for making decisions about security funding, industry requests for funding, and legislative initiatives. | |||
| 98-928 (PDF, TXT) | The World Trade Organization: Background and Issues | Ian F. Fergusson, Foreign Affairs, Defense, and Trade Division | January 31, 2008 |
| The 110th Congress may examine the relationship between the United States and the WTO in two ways. Congress may consider implementing legislation for a potential Doha Round agreement. U.S. Trade Promotion Authority (TPA) expired on July 1, 2007, however, Congress may extend or reauthorize TPA to consider such an agreement. Secondly, Congress may consider changes to U.S. laws in response to WTO dispute settlement procedures. | |||
| RS21754 (PDF, TXT) | Military Forces: What is the Appropriate Size for the United States? | Andrew Feickert, Foreign Affairs, Defense, and Trade Division | January 31, 2008 |
| For several years, some Members of Congress and many military analysts have argued that the U.S. Armed Forces are too small to adequately meet all the requirements arising after the Cold War, particularly with the advent of the Global War on Terrorism (GWOT). In January 2004, the Department of Defense acknowledged a problem by temporarily adding 30,000 troops to the authorized active duty end strength of the Army. Congress addressed the issue by raising ground force statutory end strengths in the FY2005 defense authorization bill (P.L. 108-375), the FY2006 bill (P.L. 109-163), and again in FY2007 (P.L. 109-364). In FY2007, the Administration requested a permanent end strength increase - 65,000 for the Army and 27,000 for the Marine Corps - and P.L 110-181) the FY2008 defense authorization bill approved the increase. This report describes the background of these actions, current Administration planning, and assesses potential issues for the 110th Congress. | |||
| RL32620 (PDF, TXT) | Health Coverage Tax Credit Authorized by the Trade Act of 2002 | Bernadette Fernandez, Domestic Social Policy Division | January 31, 2008 |
| The 110th Congress is likely to consider legislation affecting the HCTC program. The federal program that provides grants to states to cover operational losses has exhausted all appropriated amounts. Also, the TAA program was set to expire on September 30, 2007. A number of bills have been introduced to reauthorize the TAA program that also propose changes to the HCTC directly. On October 31, 2007, the House passed H.R. 3920, which would reauthorize and expand TAA. It has been referred to the Senate Finance Committee. Meanwhile, Congress passed legislation to temporarily extend TAA. H.R. 3375/P.L. 110-89 extended the TAA program through December 31, 2007. H.R. 2764/ P.L. 110-161 includes provisions to fully fund the TAA program through September 30, 2008. | |||
| RL32825 (PDF, TXT) | Hurricanes and Disaster Risk Financing Through Insurance: Challenges and Policy Options | Rawle O. King, Government and Finance Division | January 31, 2008 |
| This report examines the role of insurance in financing disaster risk and the changes implemented by insurers and legislators that helped to minimize market disruptions following the 2005 and 2004 hurricane seasons. After reviewing the congressional interest in financing catastrophe risk and summarizing the results of the last two hurricane seasons, the report describes lessons learned, the insurance market's response to hurricanes, and existing mechanisms for insuring hurricane losses. The concluding two sections analyze issue and policy options as well as future challenges that policymakers in the 110th Congress face. | |||
| RL34009 (PDF, TXT) | Energy and Water Development: FY2008 Appropriations | Carl E. Behrens, Anthony Andrews, David M. Bearden, Nicole T. Carter, Mark Holt, Nic Lane, Daniel Morgan, and Fred Sissine, Resources, Science, and Industry Division; Jonathan Medalia, Foreign Affairs, Defense, and Trade Division; Carol Glover, Knowledge | January 31, 2008 |
| 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. | |||
| RL31559 (PDF, TXT) | Proliferation Control Regimes: Background and Status | Mary Beth Nikitin, Paul Kerr, Steven R. Bowman, and Steven A. Hildreth, Foreign Affairs, Defense, and Trade Division | January 31, 2008 |
| This report provides information on the background and current status of the regimes intended to limit the spread of nuclear, chemical, and biological weapons and missiles. Weapons of mass destruction (WMD), especially in the hands of radical states and terrorists, represent a major threat to U.S. national security interests. Multilateral regimes were established to restrict world trade in these goods and technologies and to monitor certain civil applications. | |||
| RS22077 (PDF, TXT) | Unemployment Compensation (UC) and the Unemployment Trust Fund (UTF): Funding UC Benefits | Christine Scott and Julie M. Whittaker, Domestic Social Policy Division | January 31, 2008 |
| This report provides a summary of how Unemployment Compensation (UC) benefits are funded through the Unemployment Trust Fund (UTF). The UTF in the U.S. Treasury is designated as a trust fund for federal accounting purposes. Although the UTF is a single trust fund, it has 59 accounts: the Employment Security Administration Account (ESAA), the Extended Unemployment Compensation Account (EUCA), and the Federal Unemployment Account (FUA), 53 state accounts, the Federal Employees Compensation Account (FECA), and 2 accounts related to the Railroad Retirement Board. Federal unemployment taxes are credited to the ESAA; each state's unemployment taxes are credited to the state's unemployment account. Federal taxes pay for administration grants to the states and half of extended UC benefits. State unemployment taxes are dedicated to pay for regular UC benefits and half of extended UC benefits. | |||
| RL32822 (PDF, TXT) | Social Security Reform: Legal Analysis of Social Security Benefit Entitlement Issues | Kathleen S. Swenndiman and Thomas J. Nicola, American Law Division | January 31, 2008 |
| This report addresses selected legal issues which may be raised regarding entitlement to Social Security benefits as Congress considers possible changes to the Social Security program and in view of projected long-range shortfalls in the Social Security Trust Funds. | |||
| RL33086 (PDF, TXT) | Hurricane Katrina: Insurance Losses and National Capacities for Financing Disaster Risks | Rawle O. King, Government and Finance Division | January 31, 2008 |
| As Members of Congress explore ways to respond to the increasing risk and uninsured losses from tropical storms, earthquakes, and disruptive and costly inland flooding, they may be called upon to consider federal policy alternatives to build national capabilities for disaster risk management. Among measures that might be explored are various legislative proposals to pre-fund the cost of disasters with insurance or capital market instruments (risk securitization). | |||
| RS22448 (PDF, TXT) | Medicaid's Home and Community-Based Services State Plan Option: Section 6086 of the Deficit Reduction Act | Cliff Binder, Domestic Social Policy Division | January 31, 2008 |
| Section 6086 of the Deficit Reduction Act of 2005, (DRA, P.L. 109-171), established a optional Medicaid benefit giving states a new method with which to cover home- and community-based (HCBS) services for Medicaid beneficiaries, starting in January 2007. Prior to DRA's enactment, states needed HCBS waivers authorized in Section 1915(c) of the Social Security Act (SSA) to cover these services. The HCBSstate plan optional benefit, Section 1915(i), differs from both existing Medicaid state plan benefits and Section 1915(c) waivers. This report outlines requirements of the new 1915(i) benefit and compares key features of this benefit with other Medicaid state plan benefits and 1915(c) waivers. | |||
| RL30679 (PDF, TXT) | Armenia, Azerbaijan, and Georgia: Security Issues and Implications for U.S. Interests | Jim Nichol, Foreign Affairs, Defense, and Trade Division | January 31, 2008 |
| This report discusses the internal and external security concerns of the South Caucasus states and U.S. interests and policy toward the region. The ambitions of neighboring powers, particularly Russia, may pose the greatest threat to the stability and sovereignty of the South Caucasus states. It is also possible that internal security problems are greater threats. The states are less able to ameliorate external threats because of internal weaknesses such as political and economic instability, ethnic and regional conflicts, and crime and corruption. | |||
| RL33765 (PDF, TXT) | OMB's Financial Management Line of Business Initiative: Background, Issues, and Observations | Garrett L. Hatch, Government and Finance Division | January 31, 2008 |
| This report examines the origins and objectives of the Financial Management Line of Business (FMLOB), outlines the arguments of the initiative's supporters and critics, and discusses options for implementation. | |||
| RL33438 (PDF, TXT) | A Value-Added Tax Contrasted With a National Sales Tax | James M. Bickley, Government and Finance Division | February 1, 2008 |
| By executive order, President Bush established the President's Advisory Panel on Federal Tax Reform. In November 2005, this panel issued its final report that included analyses of both a national sales tax (NST) and a value-added tax (VAT). In Congress, both a value-added tax and a national sales tax have been proposed by Members in the tax-reform debate as replacement taxes for part or all of the nation's current income tax system. In addition, there is congressional interest in using a consumption tax to finance national health care. Both the VAT and the NST are taxes on the consumption of goods and services and are conceptually similar. Yet, these taxes also have significant differences. This report discusses some of the potential policy implications associated with these differences. | |||
| RL33564 (PDF, TXT) | Alternative Fuels and Advanced Technology Vehicles: Issues in Congress | Brent D. Yacobucci, Resources, Science, and Industry Division | February 1, 2008 |
| In the 110th Congress, alternative fuels and advanced technology vehicles have received a good deal of attention, especially in discussions over U.S. energy security. In his January 24, 2007, State of the Union Address, President Bush called for the increased use of renewable and alternative motor fuels to 35 billion gallons annually by 2017. U.S. consumption was roughly five billion gallons in 2006. Therefore, such an initiative would mean a seven-fold increase in the use of these fuels over 11 years. On December 19, 2007, President Bush signed the Energy Independence and Security Act of 2007 (EISA, P.L. 110-140). EISA requires an increase in renewable fuel consumption to 9.0 billion gallons in 2008 and 36 billion gallons in 2022. Further within the 36-billion-gallon requirement, by 2022 the new law mandates the use of 21 billion gallons of "advanced biofuels," defined as fuel derived from renewable biomass other than corn starch, with 50% lower lifecycle greenhouse gas emissions compared to petroleum fuels. | |||
| RL32513 (PDF, TXT) | Navy-Marine Corps Amphibious and Maritime Prepositioning Ship Programs: Background and Oversight Issues for Congress | Ronald O'Rourke, Foreign Affairs, Defense, and Trade Division | February 1, 2008 |
| The issue for Congress is whether to approve, modify, or reject the Navy's plans for procuring amphibious and MPF(F) ships. Decisions that Congress makes on this issue could affect Navy and Marine Corps capabilities, Navy and Marine Corps funding requirements, and the shipbuilding industrial base. | |||
| 98-529 (PDF, TXT) | Flat Tax: An Overview of the Hall-Rabushka Proposal | James M. Bickley, Government and Finance Division | February 1, 2008 |
| This report explains and evaluates the Hall-Rabushka proposal for three reasons. First, although the H-R plan has not been specifically advocated by any Member of Congress, it nevertheless has been associated with bills introduced in the in the past Congresses. Furthermore, in the 110th Congress, Representative Michael Burgess's proposal (H.R. 1040) would allow taxpayers to select a flat tax (based on the concepts of Hall-Rabushka) as an alternative to the current income tax system. Also, Senator Richard C. Shelby's proposal (S. 1040) and Senator Arlen Specter's proposal (S. 1081) would replace individual and corporate income taxes and estate and gift taxes with a flat tax based on the Hall-Rabushka concept. Second, the Hall-Rabushka proposal concerns many issues relevant to other tax reform proposals. Third, unlike a number of other reform plans, the H-R proposal has sufficient detail to permit examination, although numerous aspects of the proposal have yet to be fleshed out. | |||
| RL30315 (PDF, TXT) | Federalism, State Sovereignty and the Constitution: Basis and Limits of Congressional Power | Kenneth R. Thomas, American Law Division | February 1, 2008 |
| This report discusses state and federal legislative power generally, and focuses on a number of these "federalism" cases. Issues addressed include congressional power under Article I and the Fourteenth Amendment; limits on congressional powers, such as the Tenth Amendment; and state sovereign immunity under the Eleventh Amendment. | |||
| RS22458 (PDF, TXT) | Gun Control: Statutory Disclosure Limitations on ATF Firearms Trace Data and Multiple Handgun Sales Reports | William Krouse, Domestic Social Policy Division; Cheryl Beaver, Knowledge Services Group | February 1, 2008 |
| For FY2003-FY2006, a rider on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) appropriations has prohibited that agency from disclosing firearm trace data (based on firearm transfer records maintained in part by licensed gun dealers) and multiple handgun sales reports data for any purpose other than supporting a "bona fide" criminal investigation or agency licensing proceeding. This rider is known as the "Tiahrt" amendment, for its sponsor in full committee markup of the FY2004 Commerce-Justice-State appropriations bill, Representative Todd Tiahrt. Those limitations and conditions on ATF funding remained in effect for FY2007 under the Revised Continuing Appropriations Resolution (P.L. 110-5). A coalition of 210 city mayors led by New York City Mayor Michael Bloomberg favors the repeal of this rider, but the Fraternal Order of Police favors retaining it, as does ATF. For FY2008, Congress included modified Tiahrt amendment language that authorizes the release of aggregate trace data on illegal gun trafficking in the Consolidated Appropriations Act, 2008 (P.L. 110-161). | |||
| RL34351 (PDF, TXT) | Brazil's and Canada's WTO Cases Against U.S. Agricultural Support | Randy Schnepf, Resources, Science, and Industry Division | February 1, 2008 |
| On December 17, 2007, the World Trade Organization's (WTO's) Dispute Settlement Body (DSB) established a single panel to consider charges against U.S. farm programs brought in two separate but similar cases: DS357, brought by Canada, and DS365, brought by Brazil. Both cases make two charges against U.S. farm programs - first, that the United States has exceeded its annual WTO commitment levels for total aggregate measurement of support (AMS) for agriculture in each of the years 1999, 2000, 2001, 2002, 2004, and 2005, and second, that the U.S. export credit guarantee program for agricultural commodities operates as a WTO-illegal export subsidy. This report begins with background on the evolution of the Canadian and Brazilian WTO cases. This is followed by a section that describes in detail the nature of the two major charges made against U.S. farm programs in the two cases and the U.S. response to those charges. Finally, the report briefly discusses the implications of the case and the potential role of Congress. | |||
| RL33052 (PDF, TXT) | Homeland Security and Labor-Management Relations: NTEU v. Chertoff | Thomas J. Nicola and Jon O. Shimabukuro, American Law Division | February 1, 2008 |
| On October 7, 2005, the district court denied a motion from DHS and OPM to modify its injunction relating to labor-management relations. The U.S. Court of Appeals for the District of Columbia Circuit on June 27, 2006, affirmed some holdings of the district court and reversed others. The decision of the court of appeals was not appealed to the U.S. Supreme Court. On October 17, 2006, the district court modified its injunction of August 12, 2005 to conform to the decision of the court of appeals. This report examines the opinions of the district court and court of appeals and discusses subsequent developments. | |||
| RL34350 (PDF, TXT) | The Definition of "Supervisor" Under the National Labor Relations Act | Gerald Mayer, Domestic Social Policy Division; Jon. O. Shimabukuro, American Law Division | February 1, 2008 |
| This report examines the potential impact of the RESPECT Act in terms of the NLRB's decision in Oakwood Healthcare, Inc. The report begins with the definitions of "employee" and "supervisor" under the NLRA. Next, it examines the decision in Oakwood Healthcare, Inc. The report then summarizes the RESPECT Act and examines its potential impact on the number of employees protected by the NLRA. | |||
| RL34076 (PDF, TXT) | Labor, Health and Human Services, and Education: FY2008 Appropriations | Pamela W. Smith, Domestic Social Policy Division | February 1, 2008 |
| 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 House and Senate Appropriations Subcommittees on Labor, Health and Human Services, Education, and Related Agencies. It summarizes the status of the bill, its scope, major issues, funding levels, and related congressional activity, and is updated as events warrant. | |||
| RS22800 (PDF, TXT) | U.S. Sentencing Commission's Decision on Retroactivity of the Crack Cocaine Amendment | Brian T. Yeh, American Law Division | February 1, 2008 |
| On December 11, 2007, the Sentencing Commission unanimously voted to apply the crack amendment retroactively, thus allowing eligible crack cocaine offenders who were sentenced prior to November 1, 2007, to petition a federal judge to reduce their sentences. However, the Commission chose to delay the effective date of its decision on retroactivity until March 3, 2008, in order to allow courts time to prepare for these motions. Shortened sentences for eligible, previously sentenced crack offenders are not automatic or guaranteed as a result of this retroactivity decision; rather, federal judges must determine whether an offender is eligible for a reduced sentence and the length of that reduction, after considering among other things the potential danger posed to public safety by an earlier release of the offender. Legislation introduced in the 110th Congress, H.R. 4842, would provide for only prospective effect of the crack cocaine amendment. | |||
| RL34346 (PDF, TXT) | The Egypt-Gaza Border and its Effect on Israeli-Egyptian Relations | Jeremy M. Sharp, Foreign Affairs, Defense, and Trade Division | February 1, 2008 |
| Since Israel unilaterally dismantled its settlements and withdrew its troops from the Gaza Strip in August 2005, it has repeatedly expressed concern over the security of the Egypt-Gaza border. Israel claims that ongoing smuggling of sophisticated weaponry into the Gaza Strip could presumably shift the balance of power in Hamas's favor. Israel also asserts that Egypt is not adequately sealing its side of the border,citing the recent breakthrough of hundreds of thousands of Palestinians who rushed into Egypt on January 23, 2008. | |||
| RL34132 (PDF, TXT) | Agriculture and Related Agencies: FY2008 Appropriations | Jim Monke, Resources, Science, and Industry Division | February 1, 2008 |
| 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 House and Senate Appropriations Subcommittees on Agriculture. It summarizes the status of the bill, its scope, major issues, funding levels, and related congressional activity. | |||
| RL33809 (PDF, TXT) | Noncitizen Eligibility for Federal Public Assistance: Policy Overview and Trends | Ruth Ellen Wasem, Domestic Social Policy Division | February 1, 2008 |
| This report deals with the four major federal means-tested benefit programs: the Food Stamp program, the Supplemental Security Income (SSI) program, Temporary Assistance for Needy Families (TANF) block grant programs, and Medicaid. Laws in place for the past decade restrict the eligibility of legal permanent residents (LPRs), refugees, asylees, and other noncitizens for means-tested public aid. Noncitizens' eligibility for major federal means-tested benefits largely depends on their immigration status, whether they arrived (or were on a program's rolls) before August 22, 1996, the enactment date of P.L. 104-193, and how long they have lived and worked in the United States. | |||
| RL32004 (PDF, TXT) | Social Security Benefits for Noncitizens: Current Policy and Legislation | Dawn Nuschler and Alison Siskin, Domestic Social Policy Division | February 1, 2008 |
| The Social Security program provides monthly cash benefits to retired and disabled workers and their dependents, and to the survivors of deceased workers. To qualify for benefits, workers (whether citizens or noncitizens) must work in Social Security-covered jobs for a specified period of time, among other requirements. Generally, workers need 40 credits (sometimes referred to as "quarters of coverage") to become "insured" for benefits (fewer credits are needed for disability and survivor benefits, depending on the worker's age). In 2008, a worker earns one credit for each $1,050 in earnings, up to a maximum of 4 credits for the year (i.e., with annual earnings of $4,200 or more). | |||
| RL33584 (PDF, TXT) | AIDS in Africa | Nicolas Cook, Foreign Affairs, Defense, and Trade Division | February 2, 2008 |
| U.S. concern over AIDS in Africa grew in the 1980s, as the epidemic's severity became apparent. Congress has steadily increased funding for global AIDS programs. P.L. 108-25, signed into law on May 27, 2003, authorized $15 billion over five years for international AIDS programs under the President's Emergency Plan for AIDS Relief (PEPFAR). Twelve of 15 PEPFAR "focus countries" are in Africa. Under the FY2008 budget request, these 12 countries would receive $3.421 billion under the State Department's Global HIV/AIDS Initiative. Many activists have praised the extent of such aid, but some urge that more funding or different programs be provided. Congress is likely to re-authorize PEPFAR, which expires after FY2008, or create a successor program. Other bills in the 110th Congress that focus on AIDS in Africa include S. 805 (Durbin), H.R. 3812 (Lee), H.R. 1713 (Lee), S. 2415 (Clinton), and S.Con.Res.31. | |||
| RL34011 (PDF, TXT) | Interior, Environment, and Related Agencies: FY2008 Appropriations | Carol Hardy Vincent, David M. Bearden, M. Lynne Corn, Ross W. Gorte, Marc Humphries, Pervaze A. Sheikh, and David L. Whiteman, Resources, Science, and Industry Division; Blake Alan Naughton and Roger Walke, Domestic Social Policy Division; R. Sam Garrett, | February 3, 2008 |
| 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 House and Senate Subcommittees on Interior, Environment, and Related Agencies. It summarizes the status of the Interior, Environment, and Related Agencies appropriations bill, its scope, major issues, funding levels, and related congressional activity. | |||
| RL34327 (PDF, TXT) | Proliferation Security Initiative (PSI) | Mary Beth Nikitin, Foreign Affairs, Defense, and Trade Division | February 4, 2008 |
| The Proliferation Security Initiative (PSI) was formed to increase international cooperation in interdicting shipments of weapons of mass destruction (WMD), their delivery systems, and related materials. The Initiative was announced by President Bush on May 31, 2003. PSI does not create a new legal framework but aims to use existing national authorities and international law to achieve its goals. Initially, 11 nations signed on to the "Statement of Interdiction Principles" that guides PSI cooperation. As of December 2007, 86 nations have formally committed to PSI participation. PSI has no secretariat but an Operational Experts Group coordinates activities. The State Department credits PSI with halting 11 WMD-related transfers from 2004 to 2005, and more than two dozen from 2005 to 2006. PSI participants conducted 32 joint interdiction training exercises as of October 2007. Although WMD interdiction efforts took place with international cooperation before PSI was formed, supporters argue that PSI training exercises and boarding agreements give a structure and expectation of cooperation that will improve interdiction efforts. Many observers believe that PSI's "strengthened political commitment of like-minded states" to cooperate on interdiction is a successful approach to counter-proliferation policy. But some caution that it may be difficult to measure the initiative's effectiveness, guarantee even participation, or sustain the effort over time in the absence of a formal multilateral framework. | |||
| RS21128 (PDF, TXT) | The Organization for Economic Cooperation and Development | James K. Jackson, Foreign Affairs, Defense, and Trade Division | February 4, 2008 |
| The U.S. has sparred periodically with other OECD member countries over various issues, including U.S. antidumping laws. Christopher F. Egan was appointed by President Bush to serve as the U.S. Ambassador to the OECD and confirmed by the Senate on October 26, 2007. Key issues for Congress include OECD work on coordinating national approaches to curtailing bribery and the illicit use of tax havens. Congress appropriated about $117 million to the OECD in FY2008. | |||
| RS21573 (PDF, TXT) | Tax-Advantaged Accounts for Health Care Expenses: Side-by-Side Comparison | Bob Lyke and Chris L. Peterson, Domestic Social Policy Division | February 4, 2008 |
| Health Savings Accounts (HSA) are the newest addition to an array of taxadvantaged accounts that people can use to pay for unreimbursed medical expenses, such as deductibles, copayments, and services not covered by insurance. First available January 1, 2004, HSAs have largely replaced the similar but more restrictive Archer Medical Savings Accounts (MSAs), which never attracted many participants. In addition, people may have access to two employment-based accounts, Health Reimbursement Accounts (HRAs) and health care Flexible Spending Accounts (FSAs). Collectively, these accounts have some features and objectives in common, but they also differ in important respects. Keeping these accounts straight can be difficult, especially when they are discussed informally using different names. This report provides summaries and background information about the four accounts and then compares them with respect to eligibility, contribution limits, use of funds, and other characteristics for tax year 2008. The report concludes with a discussion of equity and several other issues. | |||
| RL34038 (PDF, TXT) | Military Construction, Veterans Affairs, and Related Agencies: FY2008 Appropriations | Daniel H. Else Foreign Affairs, Defense, and Trade Division, Christine Scott and Sidath Viranga Panangala Domestic Social Policy Division | February 4, 2008 |
| 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 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 warrant. | |||
| RL33720 (PDF, TXT) | Imports of Canadian Waste | James E. McCarthy, Resources, Science, and Industry Division | February 4, 2008 |
| This report provides background information on the history of Canadian waste imports, reviews congressional developments, and discusses issues raised by the voluntary agreement and legislation. | |||
| RL33641 (PDF, TXT) | Tax Expenditures: Trends and Critiques | Thomas L. Hungerford, Government and Finance Division | Updated February 4, 2008 |
| Special deductions, exclusions, and exemptions (sometimes characterized as "loopholes") have always been in the tax code. In the mid-1960s, the Department of the Treasury became interested in tracking and accounting for these tax subsidies. Indeed, the term "tax expenditures" was first used at this time. Both the Department of the Treasury and the Joint Committee on Taxation prepare annual lists and estimates of tax expenditures, and Treasury's list is included in the President's annual budget submission. For FY2007, the Joint Committee on Taxation (JCT) estimates that tax expenditures will amount to $1,034 billion - over six times the FY2007 federal budget deficit. Despite their widespread use, several concerns about tax expenditures have been voiced over the past 30 years. | |||
| RL31410 (PDF, TXT) | Superfund Taxes or General Revenues: Future Funding Issues for the Superfund Program | James E. McCarthy, Jonathan Lee Ramseur, and Mark Reisch, Resources, Science and Industry Division | February 4, 2008 |
| This report discusses the role of dedicated taxes and other sources of revenue in funding the Hazardous Substance Superfund Trust Fund. Congress makes annual appropriations to the Environmental Protection Agency from this trust fund and from general revenues for the purpose of responding to hazardous substance spills, cleaning up former waste disposal sites, and administering the Superfund program. | |||
| RL34353 (PDF, TXT) | Residence Restrictions for Released Sex Offenders | Garrine P. Laney, Domestic Social Policy Division | February 4, 2008 |
| This report analyzes the issue of residence restriction laws for released sex offenders. | |||
| RS22319 (PDF, TXT) | The Berne Union: An Overview | James K. Jackson, Foreign Affairs, Defense, and Trade Division | February 5, 2008 |
| The main role of the Berne Union and its affiliated group, the Prague Club, is to: work to facilitate cross-border trade by helping exporters mitigate risks through promoting internationally acceptable principles of export credit financing, strengthen the global financial structure, and facilitate foreign investments. Over the past decade, the growth and increased importance of global trade and financing have altered the agenda of the Berne Union from focusing primarily on concerns over country-specific political risk to concerns about global trade, international finance, global and regional security, and questions of business organization, civil society, transparency, and corporate responsibility. Congress, through its oversight of Eximbank and OPIC, as well as international trade and finance, has interests in the functioning of the Berne Union. | |||
| RL31915 (PDF, TXT) | NATO Enlargement: Senate Advice and Consent | Michael John Garcia, American Law Division | February 5, 2008 |
| This report describes the provisions of the North Atlantic Treaty and of the original Senate debate in 1949 pertinent to the future enlargement of NATO and the procedures that have been followed for subsequent enlargement proposals. It also discusses that the Senate did with respect to the reunification of Germany in 1990 and the implications of that event for Germanys membership in NATO. | |||
| RL34048 (PDF, TXT) | Federal Research and Development Funding: FY2008 | John F. Sargent, Christine M. Matthews, John D. Moteff, Daniel Morgan, Robert Esworthy, and Wendy H. Schacht, Resources, Science, and Industry Division: Pamela W. Smith Domestic Social Policy Division: Wayne A. Morrissey Knowledge Services Group | February 5, 2008 |
| Congress continues to take a strong interest in the health of the U.S. research and development (R&D) enterprise, and in providing sustained support for federal R&D activities. The federal government has played an important role in supporting R&D efforts that have led to scientific breakthroughs and new technologies, from jet aircraft and the Internet to defenses against disease and communications satellites. Most of the research funded by the federal government is in support of specific activities of the federal government as reflected in the unique missions of the funding agencies. The federal government has become the largest supporter of long term fundamental basic research, primarily because the private sector asserts it cannot capture an adequate return on long-term fundamental research investments. Some of the major agencies funding basic research include the National Institutes of Health (NIH), National Science Foundation (NSF), Department of Energy (DOE), National Aeronautics and Space Administration (NASA), and Department of Defense (DOD). | |||
| RS22801 (PDF, TXT) | General Overview of U.S. Copyright Law | Brian T. Yeh, American Law Division | February 5, 2008 |
| This report provides a general overview of copyright law and briefly summarizes the major provisions of the U.S. Copyright Act. | |||
| RL33628 (PDF, TXT) | Trade Capacity Building: Foreign Assistance for Trade and Development | Danielle Langton, Foreign Affairs, Defense, and Trade Division | February 5, 2008 |
| This report defines and describes trade capacity building and discusses the history of TCB in foreign assistance. It also provides an overview of U.S. bilateral TCB assistance, as well as multilateral and bilateral TCB assistance from other donors. There is also a discussion of legislation affecting TCB, including appropriations and legislative restrictions on foreign assistance. Finally, this report highlights some of the policy issues concerning TCB. | |||
| RL34256 (PDF, TXT) | North Korea's Nuclear Weapons: Latest Developments | Mary Beth Nikitin, Foreign Affairs, Defense, and Trade Division | February 5, 2008 |
| This report summarizes what is known from open sources about the North Korean nuclear weapons program - including weapons-usable fissile material and warhead estimates - and assesses current developments in verifying dismantlement of North Korea's nuclear facilities as agreed in the Six-Party Talks. The Six-Party Talks include the United States, South Korea, Japan, China, Russia, and North Korea, and were begun in August 2003 to attempt to resolve the current crisis over North Korean nuclear weapons. | |||
| RL32751 (PDF, TXT) | The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES): Background and Issues | Pervaze A. Sheikh and M. Lynne Corn, Resources, Science, and Industry Division | February 5, 2008 |
| The implementation and enforcement of CITES is of interest to Congress because of the prominence of the United States in the international wildlife trade. Congress provides oversight on U.S. activities related to CITES by holding hearings on U.S. recommendations for CITES, as well as, providing appropriations for conservation programs that aim to improve the populations and habitats of some species listed on CITES. The most recent Conference of the Parties (COP) for CITES was held June 2007. Several decisions regarding the listing of species were discussed, including denying a proposal to review restrictions on whales, listing species of sawfish and the European eel, denying listing proposals for some species of sharks and coral, approving some trade in ivory before a nine-year ban, and addressing tiger farming and illegal logging. The next COP will be held in Doha, Qatar, in 2010. This report provides background information on the structure of CITES, the enforcement of CITES in the United States, and implementing issues related to CITES. | |||
| RS21545 (PDF, TXT) | Military Funeral Honors and Military Cemetaries: Frequently Asked Questions | Mari-Jana "M-J" Oboroceanu, Knowledge Services Group | February 5, 2008 |
| This report is written in response to frequently asked questions about military funeral honors and military cemeteries. It provides information on the eligibility criteria, required components of the honor detail, and the funeral ceremony. It also cites legislation that mandates that the Department of Defense (DOD) make military funeral honors available to every eligible veteran upon request. | |||
| RL31240 (PDF, TXT) | 21st Century Community Learning Centers: Background and Funding | Gail McCallion, Domestic Social Policy Division | February 5, 2008 |
| The Elementary and Secondary Education Act (ESEA), including the 21st Century Community Learning Centers program (21st CCLC), ESEA Title IV-B, is being considered for reauthorization by the 110th Congress. The 21st CCLC program was originally authorized as Part I of Title X, of the Elementary and Secondary Education Act (ESEA), as amended. The amendment authorizing the 21st CCLC program was included as part of the Improving America's Schools Act of 1994, P.L. 103-382. The 21st CCLC program was authorized for five years, FY1995-FY1999. The 21st CCLC program was not reauthorized in the 106th Congress, and consequently its authorization (but not its funding) expired in FY2000. The 21st CCLC program was reauthorized (for FY2002-FY2007) by H.R. 1, the No Child Left Behind Act, a bill to extend and revise the Elementary and Secondary Education Act. The President signed H.R. 1 into law (P.L. 107-110) on January 8, 2002. This report provides background on the 21st CCLC program and summarizes its major provisions. | |||
| RS22804 (PDF, TXT) | Veterans' Benefits: Pension Benefit Programs | Carol D. Davis, Knowledge Services Group; Christine Scott, Domestic Social Policy Division | February 6, 2008 |
| The Department of Veterans Affairs (VA) administers several pension benefit programs for veterans as well as their surviving spouses and dependent children. The most current pension programs available (for those meeting the eligibility criteria on or after January 1, 1979) are the Improved Disability Pension for certain low-income veterans and the Improved Death Pension for certain low-income surviving spouses or children of veterans. There is also a special pension for Medal of Honor recipients. This report describes these programs, including the eligibility criteria and current benefit levels. | |||
| RL30726 (PDF, TXT) | Prescription Drug Coverage Under Medicaid | Jean Hearne, Domestic Social Policy Division | February 6, 2008 |
| Several recent laws have had and will continue to have a major impact on Medicaid prescription drug benefits. Specific provisions are discussed in detail in this report. | |||
| RL33995 (PDF, TXT) | Surface Transportation Congestion: Policy and Issues | William John Mallett, Resources, Science, and Industry Division | February 6, 2008 |
| Although congestion is being experienced throughout the transportation system, including at ports and airports, this report is limited to a discussion of congestion associated with the surface transportation system - highways, public transit, and freight and passenger rail. Because these modes connect with ports and airports, there is some discussion of intermodal issues at these nodes as well, but the report does not discuss congestion in the waterway or airway systems per se. This report begins by outlining in broad terms some of the issues that Congress may face in the reauthorization debate. This is followed by a history of transportation congestion in the United States, and how Congress has dealt with the issue in the recent past. It then goes on to discuss transportation congestion concepts, measures, and trends, followed by information on the national costs of congestion. The final section lays out some of the major types of congestion remedies that have been proposed by transportation engineers, planners, and policy makers. | |||
| RS22779 (PDF, TXT) | Food Safety: Provisions in the Food and Drug Administration Amendments Act of 2007 | Donna V. Porter, Domestic Social Policy Division | February 6, 2008 |
| The Food and Drug Administration Amendments Act of 2007 (FDAAA; P.L.110- 85), while primarily concerned with drug and device regulation and their user fees, also contains several provisions on food safety. As enacted, the law requires the Secretary of Health and Human Services to establish, for pet foods, processing and ingredient standards, updated labeling requirements, and an early warning and surveillance system to identify adulteration and associated outbreaks of illness. The Secretary is to work with states to improve the safety of produce and strengthen state food safety programs. The Act requires the Secretary to create a registry for reporting of foods (including human and animal foods) with safety problems, which will help identify the supply chain of the reportable food. Alerts are to be issued for such foods, with records maintained and available for inspection. Additional provisions require attention to aquaculture and seafood inspection, environmental risks associated with genetically engineered seafood products, imported foods, pesticide monitoring, and ginseng dietary supplements. | |||
| RL33071 (PDF, TXT) | Even Start: Funding Controversy | Gail McCallion, Domestic Social Policy Division | February 6, 2008 |
| The Even Start program, first authorized in 1989, grew rapidly in its first years, but it has been subject to increasing criticism in recent years and has seen its funding decline in every year since FY2003. For FY2009, the fifth year in a row, the Administration has requested no funding for the program. The program received $66.454 million in funding for FY2008; FY2007 funding was $82.283 million. The entire funding history for the program is provided in Table 1. The rationale given for eliminating the program is the disappointing results from national evaluations of the program. Moreover, the Administration maintains that Even Start resources should be directed to other literacy programs it argues are potentially more efficacious. | |||
| RL31241 (PDF, TXT) | Reading First and Early Reading First: Background and Funding | Gail McCallion, Domestic Social Policy Division | February 6, 2008 |
| The reauthorization of the ESEA in P.L. 107-110 incorporated much of the Administration's reading proposal. The NCLBA authorized Reading First at $900 million for FY2002, and such sums as may be necessary for the succeeding five fiscal years. Early Reading First was authorized at $75 million for FY2002 and such sums as may be necessary for the succeeding five fiscal years. Other literacy programs consolidated into this new Part B include Even Start (formerly in Title I Part B of the ESEA), and a new program to assist school libraries, titled "Improving Literacy Through School Libraries." In addition, in 2005, a new reading program for adolescents, Striving Readers, was authorized by the FY2005 Appropriations Act under ESEA Title I Part E, demonstration authority. | |||
| RL31932 (PDF, TXT) | Trade Agreements: Impact on the U.S. Economy | James K. Jackson, Foreign Affairs, Defense, and Trade Division | February 6, 2008 |
| This report examines the major features of economic models being used to estimate the effects of trade agreements. It assesses the strengths and weaknesses of the models as an aid in helping Congress evaluate the economic impact of trade agreements on the U.S. economy. In addition, this report identifies and assesses some of the assumptions used in the economic models and how these assumptions affect the data generated by the models. Finally, this report evaluates the implications for Congress of various options it may consider as it assesses trade agreements. | |||
| RL33246 (PDF, TXT) | Reading First: Implementation Issues and Controversies | Gail McCallion, Domestic Social Policy Division | February 6, 2008 |
| The Reading First program was authorized as part of the Elementary and Secondary Education Act (ESEA) through the No Child Left Behind Act of 2001 (NCLBA). The NCLBA was signed into law on January 8, 2002, and will expire at the end of FY2008 (including the automatic General Education Provisions Act oneyear extension). It is expected that the 110th Congress will consider legislation to reauthorize the ESEA. | |||
| RL30239 (PDF, TXT) | Economic Forecasts and the Budget | Brian W. Cashell, Government and Finance Division | February 6, 2008 |
| Economic conditions can have substantial effects on the federal budget. Similarly, budget projections depend on economic forecasts. This report examines the accuracy of past economic forecasts underlying projections of the federal budget. Estimates of the sensitivity of budget projections to those economic forecasts are also presented. | |||
| RL34169 (PDF, TXT) | The FY2008 National Defense Authorization Act: Selected Military Personnel Policy Issues | David F. Burrelli, Richard A. Best, Jr., Charles A. Henning, and Lawrence Kapp, Foreign Affairs, Defense, and Trade Division | February 6, 2008 |
| CRS selected a number of issues addressed by Congress as it considered the FY2008 National Defense Authorization Act (H.R. 1585/S. 1547/H.R. 4986). In each case, a brief synopsis is provided that includes background information, a comparison of the House-passed, Senate-passed, and public law provisions, and a brief discussion of the issue. This update reflects the actions taken on the various House and Senate provisions in H.Rept 110-477, the conference report to accompany H.R. 1585, which was filed on December 6, 2007. Note: due to objections by the Administration to language that might have led to a freeze on Iraqi assets in U.S. banks contained in H.R. 1585, President Bush vetoed the bill. The bill was reconsidered by the House and Senate, and reissued (without the Iraqi language) as H.R. 4986. H.R. 4986 became P.L 110-181. | |||
| RL34358 (PDF, TXT) | Obesity Among Older Americans | Andrew R. Sommers, Domestic Social Policy Division | February 6, 2008 |
| This report presents estimates of the prevalence of obesity for adults aged 65 and older. Differences in obesity between various race/ethnicity groups and across age and gender lines are discussed. In addition, disparities by region are presented, including state-level obesity estimates for 1996, 1999, 2002, and 2005. The report concludes with a brief description of possible policy approaches to addressing the obesity epidemic that the United States is facing. | |||
| RL34147 (PDF, TXT) | Managing Electronic Waste: An Analysis of State E-Waste Legislation | Linda Luther, Resources, Science, and Industry Division | February 6, 2008 |
| As more states propose e-waste legislation, potentially regulated stakeholders (particularly electronics manufacturers and retailers) have expressed concern that they will be required to comply with a patchwork of state requirements throughout the United States. This concern has led to an increased call for federal legislation regarding e-waste management. To help policy makers better understand the impact of state e-waste legislation, this report discusses issues that have led to state action, common elements in state-waste laws and proposals, and an overview of each enacted state law. | |||
| RS22803 (PDF, TXT) | Dormant Commerce Clause and State Treatment of Tax-Exempt Bonds | Erika Lunder, American Law Division | February 6, 2008 |
| Most states exempt from state income taxes the interest earned on bonds issued by that particular state and its political subdivisions, while taxing the interest earned on bonds issued by other states and their political subdivisions. Some argue that these state tax schemes violate the Commerce Clause by discriminating against out-of-state bonds. Courts in two states have examined this issue. On November 5, 2007, the U.S. Supreme Court heard oral arguments in one of these cases, Department of Revenue of Kentucky v. Davis. | |||
| RL32965 (PDF, TXT) | Recruiting and Retention: An Overview of FY2006 and FY2007 Results for Active and Reserve Component Enlisted Personnel | Lawrence Kapp and Charles A. Henning, Foreign Affairs, Defense, and Trade Division | February 7, 2008 |
| This report provides an overview of the recruiting and retention rates for Active and Reserve Component enlisted personnel during FY2006 and FY2007. Since the September 11, 2001, attacks on the World Trade Center and the Pentagon, the United States has launched several major military operations which have dramatically increased the operations tempo of the military services, required the large scale mobilization of reservists, and resulted in significant battle casualties. These factors have been particularly applicable to the Army, Army Reserve, and Army National Guard, which have shouldered the bulk of the manpower burden associated with the occupation of Iraq. The Marine Corps and Marine Corps Reserve have also been heavily involved in Iraq. Many observers have expressed concern that these factors might lead to lower recruiting and retention rates, thereby jeopardizing the vitality of today's all-volunteer military. Recruiting and retention results for FY2006 and FY2007 are summarized. | |||
| RS22558 (PDF, TXT) | Tax Credits for Hybrid Vehicles | Salvatore Lazzari, Resources, Science, and Industry Division | February 7, 2008 |
| The Energy Policy Act of 2005 replaced a $2,000 deduction for hybrids with a system of tax credits that vary according to fuel efficiency and estimated lifetime fuel savings, compared with a 2002 comparable gasoline-only model. These credits, which range from $250 to $3,400 per vehicle, went into effect on January 1, 2006, and are available through December 31, 2009. However, there is an approximately 60,000-per-manufacturer limit on the number of hybrid vehicles that would qualify for the full credit. | |||
| RL33805 (PDF, TXT) | Early Childhood Care and Education Programs in the 110th Congress: Background and Funding | Melinda Gish and Gail McCallion, Domestic Social Policy Division | February 7, 2008 |
| The 110th Congress has not addressed all of the expired (or soon expiring) reauthorizations in the area of early childhood education and care. The CCDBG (expired with FY2002) remains funded without authorization. No Child Left Behind was granted an automatic one-year extension (through FY2008) under the General Education Provisions Act. Head Start reauthorization legislation (H.R. 1429) was approved by this Congress in November 2007, and signed into law (P.L. 110-134) by the President on December 12, 2007. | |||
| RL34360 (PDF, TXT) | P.L. 110-173: Provisions in the Medicare, Medicaid, and SCHIP Extension Act of 2007 | Hinda Chaikind, Jim Hahn, Jean Hearne, Elicia J. Herz, Gretchen A. Jacobson, Paulette C. Morgan, Chris L. Peterson, Holly Stockdale, Jennifer O'Sullivan, Julie Stone, and Sibyl Tilson, Domestic Social Policy Division | February 7, 2008 |
| On December 29, 2007, the President signed S. 2499, the Medicare, Medicaid, and SCHIP Extension Act of 2007 (P.L. 110-173). This Act was passed by the House on December 19, 2007, and by a voice vote in the Senate on December 18, 2007. The Act makes changes to the nation's three major health programs, Medicare, Medicaid, and the State Children's Health Insurance Program (SCHIP), as well as other federally funded programs. This report provides descriptions of the provisions contained in S. 2499. | |||
| RL31414 (PDF, TXT) | Baseline Budget Projections: A Discussion of Issues | Marc Labonte, Government and Finance Division | February 7, 2008 |
| In January 2001, the Congressional Budget Office (CBO) projected budget surpluses of $2.6 trillion from 2002-2007. Instead, deficits over that time combined to equal $1.7 trillion. For the current 2009-2018 budget window, CBO projects a cumulative 10-year surplus of $0.3 trillion, with the budget returning to surplus in 2012. But will actual deficits in the future turn out as differently from this projection as was the case in the last five years? What lessons can be drawn from this turn of events, and what role should budget projections play in policy decisions? | |||
| RL33423 (PDF, TXT) | Products Liability: A Legal Overview | Henry Cohen and Vanessa Burrows, American Law Division | February 7, 2008 |
| Products liability refers to the liability of a manufacturer or seller for injury caused by his product to the person or property of a buyer or third party. Legal developments starting in the 1960s, particularly the adoption of strict tort liability, have made it substantially easier for persons injured by defective products to recover damages. Starting in the 1980s, however, many states enacted tort reform legislation that limited the rights of injured parties. Advocates for consumers and plaintiffs view strong products liability law as necessary to ensure adequate compensation for injured workers and consumers and to furnish an incentive for the manufacture of safe products. Manufacturers and their insurers, by contrast, contend that many products liability judgments are unwarranted or excessive and that national uniformity in products liability law is needed. Therefore, they favor replacing the 50 state products liability laws with one federal law. In the 110th Congress, the following bills have been introduced that would affect various aspects of products liability law: H.R. 961, H.R. 989, H.R. 1012, H.R. 2067, S. 243, S. 244, and S. 328. | |||
| RL33137 (PDF, TXT) | Military Base Closures and the Impact Aid Program for Education | Rebecca R. Skinner, Domestic Social Policy Division | February 7, 2008 |
| The first part of this report provides an overview of the Impact Aid program, including the calculation of Impact Aid payments to LEAs, and an overview of the BRAC recommendations. This is followed by a discussion of the potential effects of the BRAC recommendations on LEAs that will both lose and gain students as a result of the changes. Following a discussion of DOD appropriations and other actions focused specifically on students affected by BRAC and other rebasing initiatives, the report concludes with a discussion of actions that have been taken by LEAs in anticipation of large influxes of federally connected students. | |||
| RL32546 (PDF, TXT) | Title VII Health Professions Education and Training: Issues in Reauthorization | Bernice Reyes-Akinbileje, Domestic Social Policy Division | February 7, 2008 |
| This report examines the legislative, programmatic and funding histories of Title VII health professions programs, and discusses issues including workforce analysis and evaluating program effectiveness. In addition, a number of social or market trends likely to affect the health professions, such as the aging population, are discussed. | |||
| RL34277 (PDF, TXT) | The Foreign Intelligence Surveillance Act: Comparison of House-Passed H.R. 3773, S. 2248 as Reported By the Senate Select Committee on Intelligence, and S. 2248 as Reported Out of the Senate Judiciary Committee | Elizabeth B. Bazan, American Law Division | February 8, 2008 |
| H.R. 3773, S. 2248, and the Senate Judiciary Committee's amendment in the nature of a substitute to S. 2248 each includes amendments to the Foreign Intelligence Surveillance Act. This report provides a side by side comparison of the provisions of these three measures. A glossary of FISA terms from section 101 of FISA, 50 U.S.C. § 1801 is attached. Other FISA bills have also been introduced, such as S. 2440, S. 2441, and S. 2402. These bills are not included in this side-byside comparison. | |||
| RL34365 (PDF, TXT) | Ship Navigation in Harbors: Safety Issues | John Fritelli, Resources, Science, and Industry Division | February 8, 2008 |
| This report describes the role of pilots and VTSs in the safe navigation of ships in U.S. harbors and reviews the controversy over the governance of pilot associations, the appropriate level of interaction between the VTS and pilot, and other proposals for improving the safety of harbor navigation. The report's focus is on the prevention of ship collisions and groundings in harbors. | |||
| RL30785 (PDF, TXT) | The Child Care and Development Block Grant: Background and Funding | Melinda Gish, Domestic Social Policy Division | February 8, 2008 |
| Federal funding levels for child care assistance continue to be a source of debate, in the context of increased work requirements for single welfare mothers, those leaving welfare for work, and low-income working families in general. Moreover, the quality of available child care services, and the relationship of child care programs to the broader world of early childhood education and care remain active concerns of Congress. This report provides background information on the CCDBG. | |||
| RS22330 (PDF, TXT) | Improvised Explosive Devices (IEDs) in Iraq and Afghanistan: Effects and Countermeasures | Clay Wilson, Foreign Affairs, Defense, and Trade Division | February 8, 2008 |
| Since October 2001, improvised explosive devices (IEDs, roadside bombs, and suicide car bombs) have been responsible for many of the combat deaths in Iraq and Afghanistan. Vehicle-borne IEDs and car bombs are now used to strike police stations, markets, and mosques, killing local citizens as well as U.S. troops. U.S. forces counter the devices through utilizing intelligence sources, and by disrupting portions of the radio spectrum that insurgents use to trigger IEDs. Insurgents quickly adapt to countermeasures, and new, more sophisticated IEDs are increasingly being used in both Iraq and Afghanistan. Recent trends show a decrease in the number of IED attacks in Iraq since June 2007, but an increase in the number of effective IED attacks in Afghanistan. Department of Defense (DOD) officials have also charged that Iran may be supplying new IED technology to insurgents in Iraq. There is growing concern that IEDs might eventually be used by other insurgents in Pakistan, and in other areas worldwide. | |||
| RL33888 (PDF, TXT) | Section 527 Political Organizations: Background and Issues for Federal Election and Tax Laws | R. Sam Garrett, Government and Finance Division; Erika Lunder and L. Paige Whitaker, American Law Division | February 8, 2008 |
| This report explores the evolution of the 527 issue and attempts to address it in the courts, the Federal Election Commission, and Congress. | |||
| RL31884 (PDF, TXT) | Expedited Citizenship Through Military Service: Current Law, Policy and Issues | Margaret Mikyung Lee, American Law Division; Ruth Ellen Wasem, Domestic Social Policy Division | February 11, 2008 |
| This report gives an overview of the history of naturalization based on military service, analyzes data on noncitizens in the military today, discusses current law and policy, and analyzes the issues arising from the current legislative proposals. | |||
| RL34018 (PDF, TXT) | Air Quality: Multi-Pollutant Legislation in the 110th Congress | Larry Parker and John Blodgett, Resources, Science, and Industry Division | February 11, 2008 |
| In the 110th Congress, five bills have been introduced that would impose multipollutant controls on utilities. They are all four-pollutant proposals that include carbon dioxide. S. 1168 and S. 1177 are revised versions of S. 2724, introduced in the 109th Congress. S. 1201 and S. 1554 are expanded and revised versions of S. 150, introduced in the 109th Congress, while H.R. 3989 is a new proposal. All of these bills involve some form of emission caps, beginning in the 2009-2012 time frame, with all but S. 1554 including a second phase in 2013-2015 (CO2 only for H.R. 3989). They would employ a tradeable credit program to implement the SO2, NOx, and CO2 caps; all but H.R. 3989 permit plant-wide averaging in complying with the Hg requirements. The provisions concerning SO2, NOx, and Hg in the 110th Congress bills are generally more stringent than the comparable provisions of S. 131 of the 109th Congress. It is difficult to compare the CO2 caps contained in these bills with the Administration's proposal concerning CO2 - both because the Administration's proposal is voluntary rather than mandatory and because it is broader (covering all greenhouse gas emissions rather than just utility CO2 emissions). | |||
| RL31980 (PDF, TXT) | Senate Consideration of Presidential Nominations: Committee and Floor Procedure | Elizabeth Rybicki, Government and Finance Division | February 11, 2008 |
| Article II, Section 2 of the Constitution provides that the President shall appoint officers of the United States by and with the Advice and Consent of the Senate. This report describes the process by which the Senate provides advice and consent on presidential nominations, including receipt and referral of nominations, committee practices, and floor procedure. | |||
| RL33494 (PDF, TXT) | Security Classified and Controlled Information: History, Status, and Emerging Management Issues | Harold C. Relyea, Government and Finance Division | February 11, 2008 |
| The security classification regime in use within the federal executive branch traces its origins to armed forces information protection practices of the World War I era. The classification system - designating information, according to prescribed criteria and procedures, protected in accordance with one of three levels of sensitivity, based on the amount of harm to the national security that would result from its disclosure - attained a presidential character in 1940 when President Franklin D. Roosevelt issued the initial executive order prescribing these information security arrangements. Refinements in the creation, management, and declassification of national security information followed over the succeeding decades, and continue today. In many regards, these developments represent attempts to narrow the bases and discretion for assigning official secrecy to executive branch documents and materials. Limiting the quantity of security classified information has been thought to be desirable for a variety of important reasons: (1) promoting an informed citizenry, (2) effectuating accountability for government policies and practices, (3) realizing oversight of government operations, and (4) achieving efficiency and economy in government management. | |||
| RL33133 (PDF, TXT) | Active Military Sonar and Marine Mammals: Events and References | Kori Calvert, Knowledge Services Group; Eugene H. Buck, Resources, Science, and Industry Division | February 11, 2008 |
| This report summarizes legal and political events related to active sonar and marine mammals since 1994. Prior to the late 1990s, concerns focused primarily on the use of underwater sound as a research tool. While strandings and mortality of marine mammals, primarily beaked whales, have been observed in concurrence with mid-frequency sonar operation, additional controversy has focused on the development of low-frequency active (LFA) sonar. Environmental interests are concerned with LFA sonar because low-frequency sound travels farther than midfrequency sound and is closer in frequency to those known to be used by baleen whales. | |||
| RL32767 (PDF, TXT) | Industrial Loan Companies/Banks and the Separation of Banking and Commerce: Legislative and Regulatory Perspectives | N. Eric Weiss, Government and Finance Division | February 11, 2008 |
| This report analyzes the controversy by (1) providing an historical overview of the separation of banking and commerce; (2) examining the nature of ILCs and their regulation; and (3) identifying and analyzing the relevant legislation in Congress. | |||
| RL34368 (PDF, TXT) | Adjustment of Civil Monetary Penalties for Inflation | Curtis W. Copeland, Government and Finance Division | Updated February 11, 2008 |
| Civil monetary penalties are one way agencies enforce federal laws and regulations. The minimum and maximum size of civil penalties may be established administratively by federal agencies, or may be established in statute. Over time, inflation can reduce the original deterrent value of civil penalties. To prevent that from happening, in 1996, Congress amended the Federal Civil Penalties Inflation Adjustment Act of 1990 ("Inflation Adjustment Act") and required federal agencies to adjust their covered penalties for inflation by October 1996; and to examine their covered penalties at least once every four years thereafter and make any required penalty adjustments. | |||
| 98-568 (PDF, TXT) | Export-Import Bank: Background and Legislative Issues | Danielle Langton, Foreign Affairs, Defense, and Trade Division | February 12, 2008 |
| The Export-Import Bank is the chief U.S. government agency that helps finance American exports of manufactured goods and services. With a budget of around $200 million, the Bank finances less than 1% of U.S. exports a year. Eximbank provides guarantees and insurance to commercial banks to make trade credits available to U.S. exporters. The Bank also offers direct financing to U.S. exporters on a limited basis, primarily to counter subsidized trade credits offered to foreign exporters by their governments. On December 26, 2007, President Bush signed the Consolidated Appropriations Act of 2008 (P.L. 110-161), which provides $68 million for the Bank's subsidy costs and $78 million for administrative expenses. On December 20, 2006, President Bush signed P.L. 109-438, to reauthorize the Bank's authority through September 30, 2011. | |||
| RL34355 (PDF, TXT) | The Regulatory Flexibility Act: Implementation Issues and Proposed Reforms | Curtis W. Copeland, Government and Finance Division | Updated February 12, 2008 |
| The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. §§601-612) requires federal agencies to assess the impact of their forthcoming regulations on "small entities" (i.e., small businesses, small governments, and small not-for-profit organizations). For example, the act requires the analysis to describe why a regulatory action is being considered; the small entities to which the rule will apply and, where feasible, an estimate of their number; the projected reporting, recordkeeping, and other compliance requirements of the rule; and any significant alternatives to the rule that would accomplish the statutory objectives while minimizing the impact on small entities. This analysis is not required, however, if the head of the agency certifies that the rule will not have a "significant economic impact on a substantial number of small entities." The RFA does not define "significant economic impact" or "substantial number of small entities," thereby giving federal agencies substantial discretion regarding when the act's requirements are triggered. Other requirements in the RFA and elsewhere (e.g., that agencies reexamine their existing rules, develop compliance guides, and convene advocacy review panels) also depend on the whether the agencies determine that their rules have a "significant" impact on a "substantial" number of small entities. | |||
| RL32185 (PDF, TXT) | U.N. Convention on the Law of the Sea: Living Resources Provisions | Eugene H. Buck, Resources, Science, and Industry Division | February 12, 2008 |
| This report describes provisions of the LOS Convention relating to living marine resources and discusses how these provisions comport with current U.S. marine policy. As presently understood and interpreted, these provisions generally appear to reflect current U.S. policy with respect to living marine resource management, conservation, and exploitation. Based on these interpretations, they are generally not seen as imposing significant new U.S. obligations, commitments, or encumbrances, while providing several new privileges, primarily related to participation in commissions developing international ocean policy. No new domestic legislation appears to be required to implement the living resources provisions of the LOS Convention. | |||
| RL33449 (PDF, TXT) | Military Retirement, Concurrent Receipt, and Related Major Legislative Issues | Charles A. Henning, Foreign Affairs, Defense, and Trade Division | February 12, 2008 |
| In its first session, the 110th Congress extended the Combat Related Special Compensation program to include those who were medically retired prior to completing 20 years of service rather than a normal longevity retirement. These individuals are generally referred to as "Chapter 61" retirees. In addition those with a 100% VA Unemployability rating were granted full concurrent receipt, retroactive to December 31, 2004. It is anticipated that the second session will continue work on these issues. | |||
| RL34058 (PDF, TXT) | Changes to the SBA Disaster Loan Program: Proposed Legislation in the 110th Congress | N. Eric Weiss, Government and Finance Division | February 12, 2008 |
| Members of the House of Representatives and Senate have introduced bills in the 110th Congress (H.R. 1361 and S. 163, respectively) to modify the Small Business Administration's (SBA) response to major disasters. The bills agree on certain fundamental questions, but differ in the details. | |||
| RL34288 (PDF, TXT) | Smart Grid Provisions in H.R. 6, 110th Congress | Amy Abel, Resources, Science, and Industry Division | February 13, 2008 |
| H.R. 6, as signed by the President, contains provisions to encourage research, development, and deployment of Smart Grid technologies. Provisions include requiring the National Institute of Standards and Technology to be the lead agency to develop standards and protocols; creating a research, development, and demonstration program for Smart Grid technologies at the Department of Energy; and providing federal matching funds for portions of qualified Smart Grid investments. | |||
| RL34371 (PDF, TXT) | "Wounded Warrior" and Veterans Provisions in the FY2008 National Defense Authorization Act | Sarah A. Lister, Sidath Viranga Panangala, and Christine Scott, Domestic Social Policy Division | February 13, 2008 |
| This report summarizes provisions in Division A, Titles XVI and XVII, of the National Defense Authorization Act for Fiscal Year 2008, P.L. 110-181, signed by the President on January 28, 2008. Titles XVI and XVII address matters related to the care and treatment of servicemembers and former servicemembers (i.e., veterans) who were wounded, or who contracted an illness, while serving on active duty. These individuals are widely referred to as "wounded warriors." | |||
| RS22808 (PDF, TXT) | How Large is China's Economy? Does it Matter? | Wayne M. Morrison and Michael F. Martin, Foreign Affairs, Defense, and Trade Division | February 13, 2008 |
| China's rapid economic growth since 1979 has transformed it into a major economic power. Over the past few years, many analysts have contended that China could soon overtake the United States to become the world's largest economy, based on estimates of China's economy on a "purchasing power parity" (PPP) basis, which attempts to factor in price differences across countries when estimating the size of a foreign economy in U.S. dollars. However, in December 2007, the World Bank issued a study that lowered its previous 2005 PPP estimate of the size of China's economy by 40%. If these new estimates are accurate, it will likely be many years before China's economy reaches U.S. levels. The new PPP data could also have an impact on U.S. and international perceptions over other aspects of China's economy, including its living standards, poverty levels, and government expenditures, such as on the military. | |||
| RL32913 (PDF, TXT) | The Individuals with Disabilities Education Act (IDEA): Interactions with Selected Provisions of the No Child Left Behind Act (NCLB) | Richard Apling, Domestic Social Policy Division; Nancy Lee Jones, American Law Division | February 13, 2008 |
| The relationship of IDEA and NCLB has become of increasing significance because of this recent reauthorization of IDEA and guidance and regulations from the U.S. Department of Education (ED) on NCLB issues related to the education of children with disabilities. This report will provide a brief overview of IDEA and NCLB, a discussion of the intersection of selected provisions of IDEA and NCLB, and a discussion of ED regulations and guidance regarding IDEA and NCLB. The report concludes with a discussion of possible issues related to the interaction of IDEA and NCLB. | |||
| RS22806 (PDF, TXT) | The Bali Agreements and Forests | Ross W. Gorte and Pervaze A. Sheikh, Resources, Science, and Industry Division | February 13, 2008 |
| Climate change and its drivers are receiving increasing global attention. Negotiations in the United Nations Climate Change Conference in Bali, Indonesia, in December 2007 led to an action plan and decision on slowing the rate of deforestation to reduce atmospheric concentrations of greenhouse gases, especially carbon dioxide. The decision to reduce deforestation and forest degradation, especially in developing countries in the tropics, is seen as a significant step toward reducing carbon dioxide emissions, although many believe that much more is needed to halt or reverse greenhouse gas emissions from deforestation. This report describes the portions of the Bali Action Plan and Decision that relate to forests. | |||
| RL34373 (PDF, TXT) | Earmarks Executive Order: Legal Issues | Thomas J. Nicola and T.J. Halstead, American Law Division | February 13, 2008 |
| On January 29, 2008, President George W. Bush signed Executive Order 13,457, "Protecting American Taxpayers from Government Spending on Wasteful Earmarks." The order states that it is the policy of the federal government "to be judicious in the expenditure of taxpayer dollars." In order "[t]o ensure the proper use of taxpayer funds," the order provides that the number and cost of earmarks should be reduced, that their origin and purposes should be transparent; and that they should be included in the text of bills voted upon by Congress and presented to the President. For appropriations laws and other legislation enacted after the date of the order, it directs executive agencies not to commit, obligate, or expend funds on the basis of earmarks included in any non-statutory source, including requests in reports of committees of Congress or other congressional documents or communications on behalf of Members of Congress, or any other non-statutory source, except when required by law or when an agency itself has determined that a project, program, grant, or other transaction has merit under statutory criteria or other merit-based decision-making. | |||
| RS21732 (PDF, TXT) | Federal Taxation of Aliens Working in the United States and Selected Legislation | Erika Lunder, American Law Division | February 14, 2008 |
| A question that often arises is whether illegal aliens and other foreign nationals working in the United States are subject to U.S. taxes. The federal tax consequences for these individuals are dependent on (a) whether an individual is classified as a resident or nonresident alien and (b) whether a tax treaty or agreement exists between the United States and the individual's home country. Resident aliens are generally taxed in the same manner as U.S. citizens. Nonresident aliens are subject to different treatment, such as generally being taxed only on income from U.S. sources. Exceptions exist for aliens with specific types of visas or employment, and the provisions of a tax treaty or totalization agreement may reduce or eliminate taxes owed to the United States. Under H.R. 5140 (Economic Stimulus Act of 2008), which was signed into law on February 13, 2008, qualifying U.S. citizens and resident aliens may receive rebate checks so long as they provide Social Security numbers for themselves, their spouses (if filing a joint return), and any qualifying children. Other bills affecting the tax treatment of aliens include H.R. 279 and S. 43, both of which would address the unconstitutional manner in which totalization agreements are disapproved by Congress. | |||
| RL34143 (PDF, TXT) | P.L. 110-55, the Protect America Act of 2007: Modifications to the Foreign Intelligence Surveillance Act | Elizabeth B. Bazan, American Law Division | February 14, 2008 |
| On August 5, 2007, P.L. 110-55, the Protect America Act of 2007, was signed into law by President Bush, after having been passed by the Senate on August 3 and the House of Representatives on August 4. The measure, introduced by Senator McConnell as S. 1927 on August 1, makes a number of additions and modifications to the Foreign Intelligence Surveillance Act of 1978 (FISA), as amended, 50 U.S.C. §§ 1801 et seq., and adds additional reporting requirements. As originally passed, the law was to sunset in 180 days, on February 1, 2008. On January 29, 2008, both the House and the Senate passed H.R. 5104, a 15-day extension to the sunset for the Protect America Act, to allow further time to consider, pass, and go to conference on proposed legislation to amend FISA, while ensuring that the intelligence community would have the authority it needed in the intervening period. Signed into law on January 31, it became P.L. 110-182. On February 13, 2008, the House rejected H.R. 5349, which would have extended the sunset provision an additional 21 days. Bills have been introduced in the Senate to extend the sunset from 180 to 210 days (S. 2541, S. 2556, and S. 2615) or to extend it to July 1, 2009 (S. 2557). | |||
| RL34093 (PDF, TXT) | The Kaesong North-South Korean Industrial Complex | Dick K. Nanto and Mark E. Manyin, Foreign Affairs, Defense, and Trade Division | February 14, 2008 |
| This report provides an overview of the role, purposes, and results of the Kaesong Industrial Complex (KIC) and examines U.S. interests, policy issues, options, and legislation. The KIC is an industrial park located in the Democratic People's Republic of Korea (DPRK or North Korea) just across the demilitarized zone from South Korea. Currently, over 50 medium-sized South Korean companies are using North Korean labor to manufacture products in Kaesong, but projections are for as many 2,000 firms to locate there. The complex was planned, developed, and financed largely by South Korea, and it has become a symbol of the growing level of engagement between the North and the South. The United States officially supports the KIC. | |||
| RL34375 (PDF, TXT) | Largest Mergers and Acquisitions by Corporations in 2007 | John Williamson, Knowledge Services Group | February 14, 2008 |
| Mergers and acquisitions (M&A) activity has continued to increase, and has grown in each of the past four years. This reports provides a listing of the largest M&A transactions worldwide (value equivalent to US$ 2.0 billion or more) that were proposed during 2007. The report includes the dates on which transactions were completed and showing M&A deals that were still pending as of December 31, 2007. These data have been drawn from publicly available sources and have not been otherwise verified by CRS. | |||
| RL34046 (PDF, TXT) | Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2008 Appropriations | David Randall Peterman and John Frittelli, Resources, Science, and Industry Division | February 14, 2008 |
| The FY2008 Transportation, Housing and Urban Development, and Related Agencies appropriations bill provides funding for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and five independent agencies related to these two departments. | |||
| RL34376 (PDF, TXT) | Genetic Exceptionalism: Genetic Information and Public Policy | Amanda K. Sarata, Domestic Social Policy Division | February 14, 2008 |
| This report provides an overview of the nature of genetic information and its implications for individuals, family, and society. Individuals utilize genetic information to guide health care and other decisions, when possible, and may experience anxiety as a result of genetic test results. Genetic test results for an individual may often be informative for other close family members and thus influence their care decisions. Society must grapple with the effect genetic information may have on our conception of disease, as well as its impact on issues like privacy and equity. The report ends by summarizing the main policy issues involved with a genetic exceptionalist approach to public policy, including defining genetic information; physically separating genetic information from other medical information; unintended disparities between "genetic" and "nongenetic" disease; and the effect of legislation on participation in genetic research, on uptake of genetic technology and on the delivery of high quality health care. | |||
| RL34004 (PDF, TXT) | Homeland Security Department: FY2008 Appropriations | Jennifer E. Lake and Blas Nuñez-Neto, Sarah A. Lister, Todd Masse, Alison Siskin, and Chad C. Haddal, Domestic Social Policy Division; Keith Bea, Francis X. McCarthy, Harold C. Relyea, Shawn Reese, and Barbara L. Schwemle, Government and Finance Division; | February 15, 2008 |
| 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 House and Senate Appropriations Subcommittees on Homeland Security. It summarizes the status of the bill, its scope, major issues, funding levels, and related congressional activity. | |||
| RS22811 (PDF, TXT) | Poland's New Government: Background and Issues for the United States | Carl Ek, Foreign Affairs, Defense, and Trade Division | February 15, 2008 |
| After a governmental deadlock caused by intra-coalition squabbling, Poland held snap parliamentary elections on October 21, 2007; the vote was seen by many as a referendum on the governing style and policies of the then-ruling Law and Justice party. Under that government, the presidency and prime minister's post were held by twin brothers Lech and Jaroslaw Kaczynski. Their government's nationalist policies caused controversy domestically and in the international arena as well. Many observers believe that under the new center-right Civic Alliance-led government, domestic policies will change more in tone than in substance. Poland's relations with neighboring states and the European Union are expected to improve, but ties with the United States may become more complicated. | |||
| RS22200 (PDF, TXT) | The Potential Distributional Effects of the Alternative Minimum Tax | Steven Maguire, Government and Finance Division | February 15, 2008 |
| Temporary increases in the AMT exemption and provisions which allow taxpayers to apply nonrefundable tax credits against their AMT liabilities expired at the end of 2007. Certain taxpayers will be more adversely affected than others. In general, married taxpayers filing joint returns will be more adversely affected than single taxpayers. In addition, taxpayers with large families will be more adversely affected than taxpayers with small families. In terms of income, the largest increase in taxpayers subject to the AMT will occur over adjusted gross income (AGI) ranges of $100,000 to $500,000. Taxpayers with AGIs between $50,000 and $100,000 will eventually be affected, with the negative effects of the AMT growing substantially over time. Taxpayers with AGIs above $500,000 will not be significantly affected by the expiration of the higher AMT exemption. | |||
| RL34341 (PDF, TXT) | Tax Rebate Refundability: Effects and Issues | Jane G. Gravelle, Government and Finance Division | February 15, 2008 |
| This report discusses the income levels at which tax rebates would not be available in the absence of refundability, the magnitude and types of taxpayers likely affected, and the issues surrounding the existence and scope of refundability provisions. | |||
| RS22640 (PDF, TXT) | What's the Difference? - Comparing U.S. and Chinese Trade Data | Michael F. Martin, Foreign Affairs, Defense, and Trade Division | February 15, 2008 |
| There is a large and growing difference between the official trade statistics released by the United States and the People's Republic of China. According to the United States, the 2007 bilateral trade deficit with China was $256.3 billion. According to China, its trade surplus with the United States was $162.9 billion - $93.4 billion less. This paper examines the differences in the trade data from the two nations in two ways. First, it compares the trade figures at the two digit level using the Harmonized System to discern any patterns in the discrepancies between the U.S. and Chinese data. This comparison reveals that over two-thirds of the difference in the value of China's exports to the United States is attributable to five types of goods. The second approach to examining the differing trade data involves a review of the existing literature on the technical and non-technical sources of the trade data discrepancies. | |||
| RS22566 (PDF, TXT) | Acceptance of Gifts by Members and Employees of the House of Representatives Under New Ethics Rules of the 110th Congress | Jack Maskell, American Law Division | February 15, 2008 |
| On January 4, 2007, the House adopted new internal rules to prohibit the receipt of most gifts by Members and staff from lobbyists, foreign agents, and most of their private clients. Additionally, the new House Rules placed more restrictions and requirements on the acceptance from outside private sources of travel expenses for "officially connected" travel by Members and staff. Such restrictions are designed specifically to further limit the participation and involvement of lobbyists, foreign agents, or their clients in such travel events, and to provide for more transparency and disclosures of any such travel. With the passage of the "Honest Leadership and Open Government Act of 2007" (P.L. 110-81, September 14, 2007), further ethics provisions applicable to House Members and staff were adopted. | |||
| RS22644 (PDF, TXT) | Coordinated Party Expenditures in Federal Elections: An Overview | R. Sam Garrett, Government and Finance Division; L. Paige Whitaker, American Law Division | February 19, 2008 |
| S. 1091 (Corker) and H.R. 3792 (Wamp), introduced in the 110th Congress, would eliminate existing limits on coordinated party expenditures. Those who support limits on coordinated party expenditures argue that the caps reduce potential corruption and the amount of money in politics. Opponents maintain that they and are antiquated, particularly because political parties may make unlimited independent expenditures supporting their candidates. The Senate Rules and Administration Committee held a hearing on coordinated party expenditures in April 2007, but the topic has not received additional legislative attention during the 110th Congress. | |||
| RL31134 (PDF, TXT) | Using Business Tax Cuts to Stimulate the Economy | Jane G. Gravelle, Government and Finance Division | February 19, 2008 |
| This report discusses issues associated with the use of business tax subsidies. First, is fiscal policy appropriate? Second, how successful are subsidies likely to be and what form might they take to be most effective? Finally, what other consequences might flow from the use of business tax subsidies, especially if they are to be permanent? | |||
| RL30699 (PDF, TXT) | Nuclear, Biological, and Chemical Weapons and Missiles: Status and Trends | Paul K. Kerr, Foreign Affairs, Defense, and Trade Division | February 20, 2008 |
| Nuclear, biological, and chemical weapons pose the most serious threats to the United States and its foreign interests. Ballistic and cruise missiles and terrorist groups are considered likely means of delivering these weapons of mass destruction against vulnerable cities. This report discusses U.S. policies on complex security issues relating to these weapons and provides information and analysis regarding the current threat and trends in nuclear, biological, and chemical weapons and missiles. | |||
| RL33780 (PDF, TXT) | Procedures for Contested Election Cases in the House of Representatives | Jack Maskell and L. Paige Whitaker, American Law Division | February 20, 2008 |
| Under the U.S. Constitution, each House of Congress has the express authority to be the judge of the "elections and returns" of its own Members (Article I, Section 5, clause 1). Although initial challenges and recounts for the House are conducted at the state level, under the state's authority to administer federal elections (Article I, Section 4, cl. 1), continuing contests may be presented to the House, which, as the final arbiter, may make a conclusive determination of a claim to the seat. | |||
| RS21363 (PDF, TXT) | Legislative Procedure in Congress: Basic Sources for Congressional Staff | Jennifer E. Manning, Knowledge Services Grou;p | February 20, 2008 |
| This report identifies and provides Web site addresses (when available) of official government sources for information on the legislative process and the rules and procedure of the U.S. House of Representatives and the U.S. Senate. References to selected CRS products are also provided, as well as a listing of selected titles for supplementary reading. | |||
| RS22812 (PDF, TXT) | Constitutional Limits on Hate Crime Legislation | Alison M. Smith, American Law Division | February 20, 2008 |
| Federal and state legislators recognize the special concerns and effects of hate crimes. Although there is some federal legislation in place, many states have enacted some form of ethnic intimidation law or bias-motivated sentence-enhancement factors in attempts to curtail hate crimes. Several United States Supreme Court cases provide the framework in which states must legislate to ensure the constitutionality of hate crime legislation. After these landmark cases, the real questions for states involve identifying permissible ways to curtail hate crimes without infringing on any constitutionally protected rights. On the federal level, in light of U.S. Supreme Court cases, the question remains as to what extent Congress can broaden the classes of individuals subject to hate crime legislation. This report discusses constitutional considerations facing both individual states and Congress in enacting hate crime legislation. | |||
| RL32986 (PDF, TXT) | Cambodia: Background and U.S. Relations | Thomas Lum, Foreign Affairs, Defense, and Trade Division | February 20, 2008 |
| This report provides historical context, discusses political and economic developments in Cambodia, and raises policy issues regarding U.S.-Cambodian relations. These issues include U.S. foreign assistance to Cambodia, HIV/AIDS, human rights, terrorism, bilateral trade, the Khmer Rouge tribunal, and Cambodia's relations with China. | |||
| RL34386 (PDF, TXT) | Could Securitization Obstruct Voluntary Loan Modifications and Payment Freezes? | Edward Vincent Murphy, Government and Finance Division | February 21, 2008 |
| Securitization is the process by which a group of similar assets, such as mortgages, is transformed into marketable securities. Securitization could present a challenge for loan servicers who anticipate that the average default rate will rise among a group of borrowers who are current on their mortgages, but who face a large payment reset due to the expiration of an introductory adjustable rate mortgage (ARM) or interest-only (I/O) period. The loan servicers may be willing to modify these loans, for example, freeze the introductory payment, and avoid the costs of foreclosure, but securitization may carry the risk of costly litigation even if the servicers ultimately expect to win the lawsuits. Although loan servicers often have discretion to modify loans for borrowers already delinquent, industry standards create a fact-sensitive net-present-value (NPV) test for modifying large groups of loans in anticipation of defaults due to higher reset payments. | |||
| RL33996 (PDF, TXT) | Patent Reform in the 110th Congress: Innovation Issues | John R. Thomas and Wendy H. Schacht, Resources, Science, and Industry Division | February 21, 2008 |
| This study provides an overview of current patent reform issues. It begins by offering a summary of the structure of the current patent system and the role of patents in innovation policy. The report then reviews some of the broader issues and concerns, including patent quality, the high costs of patent litigation, international harmonization, and speculation in patents, that have motivated these diverse legislative reform proposals. The specific components of this legislation are then identified and reviewed in greater detail. | |||
| RS22814 (PDF, TXT) | FDA Fast Track and Priority Review Programs | Susan Thaul, Domestic Social Policy Division | February 21, 2008 |
| By statutory requirements and by regulation, guidance, and practice, the Food and Drug Administration (FDA) works with several overlapping yet distinct programs to get to market quickly new drug and biological products that address unmet needs. FDA most frequently uses three mechanisms for that purpose: Accelerated Approval, Fast Track, and Priority Review. The first two affect the development process before a sponsor submits a marketing application. Accelerated Approval allows surrogate endpoints in trials to demonstrate effectiveness and is relevant in fewer situations than the others. The Fast Track program encourages a sponsor to consult with FDA while developing a product. Unlike the others, Priority Review involves no discussions of study design or procedure; it relates only to an application's place in the review queue. Analysis of total approval time for approved applications under the Fast Track and Priority Review programs shows that for seven of the past nine years, Fast Track products have shorter median approval times than do all those applications assigned to Priority Review. | |||
| RL32293 (PDF, TXT) | The Chained Consumer Price Index: How Is It Different? | Brian W. Cashell, Government and Finance Division | February 21, 2008 |
| As part of its continuing efforts to construct a better measure of changes in the cost of living, BLS introduced the chained consumer price index for all urban consumers (C-CPI-U). In testimony before the House Budget Committee in 2004, then Federal Reserve Board chairman Alan Greenspan suggested that Congress might consider replacing the CPI with the C-CPI-U to make automatic cost-of-living adjustments to federal programs. He pointed out that, at that time, if the C-CPI-U had been used instead of the CPI over the previous 10 years that the federal debt would have been about $200 billion less. This report explains how the C-CPI-U is calculated, and discusses how it differs from the existing CPI. | |||
| 98-286 (PDF, TXT) | ERISA's Impact on Medical Malpractice and Negligence Claims Against Managed Care Plans | Jon O. Shimabukuro, American Law Division | February 21, 2008 |
| This report examines the preemption provisions of ERISA, the U.S. Supreme Court's interpretation of these provisions, selected cases applying ERISA to state medical malpractice and negligence claims, and the congressional response to the issue. | |||
| RL34345 (PDF, TXT) | State and Local Restrictions on Employing, Renting Property to, or Providing Services for Unauthorized Aliens: Legal Issues and Recent Judicial Developments | Michael John Garcia, Jody Feder, and Alison M. Smith, American Law Division | February 21, 2008 |
| This report discusses the constitutional issues raised in relation to state and local laws intended to deter the presence of unauthorized aliens, along with the implications that federal civil rights statutes might have on the implementation and enforcement of measures restricting such persons' ability to obtain employment, housing, or other state and local benefits or services. The report also discusses recent judicial developments at the federal level concerning local ordinances aimed at deterring the presence of unauthorized aliens within a locality's jurisdiction. | |||
| 98-756 (PDF, TXT) | Defense Authorization and Appropriations Bills: FY1970-FY2008 | Thomas Coipuram, Jr., Knowledge Services Group | February 21, 2008 |
| This report is a research aid, which lists the DOD authorization bills (Table 1) and appropriations bills (Table 2) for FY1970-FY2008. This report includes all the pertinent information on the passage of these bills through the legislative process: bill numbers, report numbers, dates reported and passed, recorded vote numbers and vote tallies, dates of passage of the conference reports with their numbers and votes, vetoes, substitutions, dates of final passage, and public law numbers. Key definitions are also included. | |||
| RL34294 (PDF, TXT) | Energy Independence and Security Act of 2007: A Summary of Major Provisions | Fred Sissine, Resources, Science, and Industry Division | February 22, 2008 |
| The Energy Independence and Security Act (P.L. 110-140, H.R. 6) is an omnibus energy policy law that consists mainly of provisions designed to increase energy efficiency and the availability of renewable energy. This report describes the key provisions of the enacted law, summarizes the legislative action on H.R. 6, and provides a summary of the provisions under each of the titles in the law. | |||
| RL33311 (PDF, TXT) | Federal Tax Treatment of Health Insurance Expenditures by the Self-Employed: Current Law and Issues for Congress | Gary Guenther, Government and Finance Division | February 22, 2008 |
| Current federal tax law allows self-employed individuals to deduct from their gross income the entire amount of their spending on health insurance for themselves and their spouses and dependents. This report explains how these expenditures are treated under the federal tax code, reviews the legislative history of the deduction, assesses its effectiveness as a policy tool for expanding access to health care for the self-employed, describes proposals in the 110th Congress to modify the deduction, and discusses policy issues it raises. | |||
| RS20830 (PDF, TXT) | Cybercrime: A Sketch of 18 U.S.C. 1030 and Related Federal Criminal Laws | Charles Doyle, American Law Division | February 25, 2008 |
| The federal computer fraud and abuse statute, 18 U.S.C. 1030, protects computers in which there is a federal interest-federal computers, bank computers, and computers used in interstate and foreign commerce. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. | |||
| 98-367 (PDF, TXT) | House Committees: Assignment Process | Judy Schneider, Government and Finance Division | February 25, 2008 |
| Committee assignments often determine the character of a Member's career. They are also important to the party leaders who organize the chamber and shape the composition of the committees. House rules identify some procedures for making committee assignments; Republican Conference and Democratic Caucus rules supplement these House rules and provide more specific criteria for committee assignments. | |||
| RL34215 (PDF, TXT) | Mexico's Drug Cartels | Colleen W. Cook, Foreign Affairs, Defense, and Trade Division | February 25, 2008 |
| This report provides an overview of: Mexican cartels and their operations, including the nature of cartel ties to gangs such as the Mara Salvatrucha; Mexican cartel drug production in the United States; and the presence of Mexican cartel cells in the United States. Mexican cartels allegedly have used their vast financial resources to corrupt Mexican public officials who either turn a blind eye to cartel activities or work directly for them. Since 2005, the Mexican government has made numerous efforts to purge corrupt police. In December 2006, President Felipe Calderón launched operations against the cartels in 9 of Mexico's 32 states. He has pledged to use extradition as a tool against drug traffickers, and sent 73 criminals to the United States as of August 2007, including the alleged head of the Gulf Cartel. This report also examines potential policy approaches to the problem of drug trafficking and violence. | |||
| RL34390 (PDF, TXT) | Aviation Security: Background and Policy Options for Screening and Securing Air Cargo | Bart Elias, Resources, Science, and Industry Division | February 25, 2008 |
| Appropriations legislation over the past four years has called for continued increases to the amounts of air cargo placed on passenger airplanes that is physically screened. The Implementing Recommendations of the 9/11 Commission Act of 2007 (P.L. 110-53) requires the DHS to establish a system to physically screen 100% of all air cargo within three years, with an interim requirement of screening 50% of air cargo within 18 months of enactment. The act also directs the TSA to implement a program for deploying blast-resistant cargo containers for use by air carriers on a risk-managed basis. | |||
| RL33794 (PDF, TXT) | Grassroots Lobbying: Constitutionality of Disclosure Requirements | Jack Maskell, American Law Division | February 26, 2008 |
| This report discusses the constitutional issues that may arise with respect to a federal law that would require disclosures of efforts to stimulate so-called "grassroots" lobbying activities by those entities and persons who are compensated to engage in such activities. | |||
| RS22479 (PDF, TXT) | Congressional Redistricting: A Legal Analysis of the Supreme Court Ruling in League of United Latin American Citizens (LULAC) v. Perry | L. Paige Whitaker, American Law Division | February 26, 2008 |
| In a highly splintered, complex decision, the U.S. Supreme Court in League of United Latin American Citizens (LULAC) v. Perry largely upheld a Texas congressional redistricting plan that was drawn mid-decade against claims of unconstitutional partisan gerrymandering. The Court invalidated one Texas congressional district, District 23, finding that it diluted the voting power of Latinos in violation of Section 2 of the Voting Rights Act. While not ruling out the possibility of a claim of partisan gerrymandering being within the scope of judicial review, a majority of the Court in this case was unable to find a "reliable" standard for making such a determination. In the 110th Congress, H.R. 543, the "Fairness and Independence in Redistricting Act of 2007," (Representative Tanner); H.R. 2248, the "Redistricting Reform Act of 2007," (Representative Lofgren); and S. 2342, the "Fairness and Independence in Redistricting Act of 2007," (Senator Johnson), would among other things, prohibit states from carrying out more than one congressional redistricting after a decennial census and apportionment, unless a court required the state to conduct subsequent redistricting to comply with the Constitution or to enforce the Voting Rights Act of 1965, and would require states to conduct redistricting through the use of independent commissions. | |||
| 98-312 (PDF, TXT) | House Rules Governing Committee Markup Procedures | Judy Schneider, Government and Finance Division | February 26, 2008 |
| The rules of the House provide only general guidance to committees for conducting meetings to mark up legislation. There are no House rules that explicitly govern the various aspects of markup procedure. Instead, clause 1(a)(1) of Rule XI provides in part that "the Rules of the House are the rules of its committees and subcommittees so far as applicable...." And clause 2(a)(1) of the same rule directs each standing committee to adopt written rules governing its own procedures that "may be not inconsistent with the Rules of the House...." | |||
| RS21469 (PDF, TXT) | The National Telecommunications and Information Administration (NTIA): Budget, Programs, and Issues | Glenn J. McLoughlin, Resources, Science, and Industry Division | February 26, 2008 |
| For FY2009, the Bush Administration has proposed a budget of $19.2 million for NTIA, with this money going towards administrative functions. There would be no funding under another NTIA program, which supports public telecommunications facilities planning and construction. Under the FY2008 enacted appropriation (P.L. 110-161) NTIA is funded at $36.3 million, which was $3.3 million below the FY2007 enacted and $17.7 million above the President's request. There are two major components to the NTIA appropriated budget (a third program, which is a revolving fund based on spectrum auctions, is discussed below). The first is Salaries and Expenses. For FY2008, the Bush Administration recommended $18.6 million; Congress approved $17.5 million for FY2008. In the past, a large part of this program has been for the management of various information and telecommunications policies both domestically and internationally. For the second NTIA component, the Public Telecommunications and Facilities Program (PTFPC), the Bush Administration has requested that this program's funding be eliminated, arguing that most of the construction and refurbishing of public telecommunications facilities has already been done, and that any remaining support that is needed should come from local public broadcasting entities. However, for FY2008, Congress disagreed, citing the ongoing need for upgrading of public broadcasting facilities, particularly as the deadline of converting all analog broadcasts to digital in 2009 approaches. For FY2008, Congress funded this program at $18.8 million. Under at third program, NTIA operates a revolving fund which uses offset receipts from the auction of licenses recovered from discontinued analog signals. An important part of this program is to fund a digitalanalog converter box program to assist consumers in meeting the February 2009 deadline for receiving television broadcasts in digital format. | |||
| RS21734 (PDF, TXT) | U.S. Circuit and District Court Nominations: Rejections by the Senate and Votes by the Senate Judiciary Committee Other Than To Report Favorably, 1939-2007 | Kevin M. Scott and Denis Steven Rutkus, Government and Finance Division | February 26, 2008 |
| Between 1939 and 2007, the Senate Judiciary Committee voted other than favorably on 18 district or circuit court judicial nominations. In one other instance, the committee reported a district court nomination favorably, but the Senate rejected the nomination. This report lists the votes cast by the Judiciary Committee and the Senate on each of these 19 nominations and identifies senatorial courtesy, ideological disagreement, and concern over nominees' qualifications as among the circumstances that led to committee consideration of actions other than a favorable report. | |||
| RL30297 (PDF, TXT) | Congressional Budget Resolutions: Selected Statistics and Information Guide | Bill Heniff, Jr., Government and Finance Division; Justin Murray, Knowledge Services Group | February 26, 2008 |
| This report provides current and historical information on the budget resolution. It provides a list of the budget resolutions adopted and rejected by Congress since implementation of the Budget Act, including the U.S. Statutes-at-Large citations and committee report numbers, and describes their formulation and content. The report provides a table of selected optional components, a list of reconciliation measures, and information on the number of years covered by budget resolutions. It also provides information on the consideration and adoption of budget resolutions, including an identification of the House special rules that provided for consideration of budget resolutions; the amendments in the nature of a substitute to the budget resolution considered in the House; the number and disposition of House and Senate amendments to budget resolutions; and dates of House and Senate action on budget resolutions. | |||
| RS22655 (PDF, TXT) | Juvenile Justice Funding Trends | Blas Nunez-Neto, Domestic Social Policy Division | February 27, 2008 |
| The federal government has no juvenile justice system of its own. Instead, starting in the 1960s, the federal government began establishing federal juvenile justice entities and grant programs in order to influence the states' juvenile justice systems. Eligibility for many of these grant programs is tied to certain mandates that the states must adhere to in order to receive federal funding. This report provides a brief overview of the juvenile justice grant programs and the overall appropriation administered by OJJDP. | |||
| RS22438 (PDF, TXT) | Health Professions Programs in Title VII and Title VIII of the Public Health Service Act: Appropriations History (FY2002-FY2009) | Bernice Reyes-Akinbileje, Domestic Social Policy Division; Mary Venetta Wright, Knowledge Services Group | February 27, 2008 |
| The health professions programs in Titles VII and VIII of the Public Health Service Act provide grants, scholarships, and loans to support institutions and individuals in the education and training of health professionals (Title VII) and the nursing workforce (Title VIII). Funding for Title VII programs declined by about one-third from $295 million in FY2002 to $194 million in FY2008. The President's FY2009 budget proposes to eliminate funding for all Title VII programs. Statutory authority for the Title VII programs expired at the end of FY2002. Funding for the Title VIII programs increased by about two-thirds from $93 million in FY2002 to $156 million in FY2008. The President's FY2009 budget requests $110 million for Title VIII programs. This report provides a history of appropriations for the various Title VII and Title VIII health professions programs. | |||
| RS22807 (PDF, TXT) | Compact Fluorescent Light Bulbs (CFLs): Issues with Use and Disposal | Linda Luther, Resources, Science, and Industry Division | February 27, 2008 |
| This report discusses reasons why CFL sales have increased dramatically in the past two years, concerns that have arisen regarding their use and disposal, and some media reports that have exaggerated the potential danger associated with the mercury in CFLs. | |||
| RL32175 (PDF, TXT) | Insurance Guaranty Funds | Baird Webel, Government and Finance Division | February 27, 2008 |
| This paper describes generally how state-based insurance guaranty funds operate currently. It also compares the extant insurance system to protections offered bank depositors, potential and current pensioners, and credit union participants. | |||
| RL33837 (PDF, TXT) | Congressional Authority To Limit U.S. Military Operations in Iraq | Jennifer K. Elsea, Michael John Garcia, and Thomas J. Nicola, American Law Division | February 27, 2008 |
| This report begins by providing background, discussing constitutional provisions allocating war powers between Congress and the President, and presenting a historical overview of relevant court cases. It discusses Congress's power to rescind prior military authorization, concluding, in light of relevant jurisprudence and the War Powers Resolution, that the repeal of the AUMF, absent the further denial of appropriations or the establishment of a specific deadline for troop withdrawal, would likely have little, if any, legal effect on the continuation of combat operations. The report discusses Congress's ability to limit funding for military operations in Iraq, examining relevant court cases and prior measures taken by Congress to restrict military operations, as well as possible alternative avenues to fund operations if appropriations are cut. There follows a summary of relevant measures included in the vetoed FY2007 supplemental appropriations bill, H.R. 1591, and the enacted act, H.R. 2206. The report provides historical examples of measures that restrict the use of particular personnel, and concludes with a brief analysis of arguments that might be brought to bear on the question of Congress's authority to limit the availability of troops to serve in Iraq. Although not beyond debate, such a restriction appears to be within Congress's authority to allocate resources for military operations. | |||
| RS22589 (PDF, TXT) | Possible Small Business Issues in the 110th Congress | N. Eric Weiss, Government and Finance Division | February 27, 2008 |
| This report summarizes several small business issues that Congress may address, either as part of the reauthorization process or otherwise. These include the SBA's disaster loan programs for individuals and businesses, small business contracting goals, the cost to borrowers of SBA-guaranteed loans, access to affordable health insurance, tax issues, oversight of internal SBA management, and the extent to which large businesses win government contracts set aside for small businesses. | |||
| RL34363 (PDF, TXT) | Election Reform and Local Election Officials: Results of Two National Surveys | Eric A. Fischer, Resources, Science, and Industry Division; Kevin J. Coleman, Government and Finance Division | February 27, 2008 |
| This report discusses the results of two scientific opinion surveys of principal local election officials1 that were designed to help fill that gap in knowledge. The surveys were performed pursuant to two projects sponsored by the Congressional Research Service (CRS). The projects were developed in collaboration with and the surveys performed by faculty and students at the George Bush School of Government and Public Service at Texas A&M University. The Bush School team developed and administered the surveys, in consultation with CRS, to a sample of LEOs from all 50 states. The responses to each survey, from approximately 1,400 LEOs, were analyzed by CRS for purposes of this report. Methodological details are described in the appendix. | |||
| RL33105 (PDF, TXT) | The United Kingdom: Issues for the United States | Kristin Archick, Foreign Affairs, Defense, and Trade Division | February 28, 2008 |
| This report assesses the current state of U.S.-UK relations. It examines the pressures confronting London as it attempts to balance its interests between the United States and the EU, and the prospects for the future of the U.S.-UK partnership, especially in the unfolding Brown era. It also describes UK views on political, security, and economic issues of particular importance to the United States, and their implications for U.S. policy. | |||
| RL30074 (PDF, TXT) | The Consumer Price Index: A Brief Overview | Brian W. Cashell, Government and Finance Division | February 28, 2008 |
| The consumer price index (CPI) maybe the most widely reported measure of inflation, and a number of federal government programs are indexed to it. This report provides a description of how the CPI is calculated and provides information on what kinds of data are available. Historical data are presented as well as examples of how to make inflation adjustments to dollar amounts using the CPI. | |||
| RL33756 (PDF, TXT) | Fannie Mae and Freddie Mac: A Legal and Policy Overview | Michael V. Seitzinger, American Law Division; N. Eric Weiss, Government and Finance Division | February 28, 2008 |
| The Economic Stimulus Act of 2008 increased the maximum size of a mortgage that Fannie Mae and Freddie Mac can purchase during 2008 to $729,750 in high-cost areas. Supporters hope that this will reduce the cost of mortgages for more than the previous limit of $417,000. The purpose of this report is to give a general legal and policy background on why the enterprises came into existence, what their missions are, and how they carry out those missions. | |||
| RL33874 (PDF, TXT) | Unauthorized Aliens Residing in the United States: Estimates Since 1986 | Ruth Ellen Wasem, Domestic Social Policy Division | February 28, 2008 |
| Thie report presents data estimating the number of unauthorized aliens who have been living in the United States since 1986. There have been a variety of estimates of the unauthorized resident alien population over this period, sometimes with substantially different results. This report is limited to data analyses of the Current Population Survey (CPS) conducted by the U.S. Census Bureau and the Bureau of Labor Statistics so that there is a basic standard of comparison over time. | |||
| RL34400 (PDF, TXT) | Economic Factors Affecting Small Business Lending and Loan Guarantees | N. Eric Weiss, Government and Finance Division | February 28, 2008 |
| A slowdown in the U.S. economy is likely to reduce the demand for loans by small businesses because the slowdown would reduce the number of profitable projects, and the decrease in loans to small businesses could reduce the demand for Small Business Administration (SBA) loan guarantees. Increases in mortgage delinquencies and defaults that started in 2007 and continue into 2008 are making lenders more cautious about the risks of all kinds of loans, including business loans. This could increase the demand for Small Business Administration guarantees. The ultimate impact of these factors, which work in opposite directions, cannot, however, be predicted with any confidence. This report lists some sources of information about the condition of the small business loan market. | |||
| RS21416 (PDF, TXT) | The Presidents Management Agenda: A Brief Introduction | Virginia A. McMurtry, Government and Finance Division | February 28, 2008 |
| This report provides an overview of the President's Management Agenda, announced in August 2001, and comprising five government-wide initiatives, including strategic management of human capital, competitive sourcing, improved financial performance, expanded electronic government, and budget and performance integration. Related developments, such as introduction of a Management Scorecard for gauging agency achievement on the initiatives and development of a program assessment rating tool (PART) for evaluating program performance, are also discussed. | |||
| 98-775 (PDF, TXT) | Quorum Requirements in the Senate: Committee and Chamber | Betsy Palmer, Government and Finance Division | February 28, 2008 |
| Senate Rule XXVI establishes minimum quorum requirements for four areas of committee activity, each described in this report. | |||
| RL30520 (PDF, TXT) | The National Debt: Who Bears Its Burden? | Marc Labonte and Gail E. Makinen, Government and Finance Division | February 28, 2008 |
| The United States has been free of a national debt for only two years, 1834 and 1835. In its first year, 1790, the country faced a debt of $75 million. From FY1998 to FY2001, the federal government ran budget surpluses. Since then, the budget has returned to deficit, and the debt had risen to $5 trillion by 2007. It rose to a high of 108.6% of gross domestic product (GDP) at the end of World War II; declined to a post-World War II low of 23.8% of GDP in 1974; and, then, rose to another high of 49.5% of GDP in 1993. | |||
| RL33485 (PDF, TXT) | U.S. International HIV/AIDS, Tuberculosis, and Malaria Spending: FY2004-FY2008 | Tiaji Salaam-Blyther, Foreign Affairs, Defense, and Trade Division | February 29, 2008 |
| From FY2004 through FY2008 Congress provided almost $20 billion to fighting the global spread of HIV/AIDS, TB, and malaria, some $5 billion more than the President proposed. The President's FY2008 budget request included about $5.8 billion for global HIV/AIDS, TB, and malaria efforts. The Administration proposed that the bulk of the funds, about $5.0 billion, be provided through Foreign Operations appropriations and that about $800 million be provided through Labor/HHS appropriations, of which $300 million would be reserved for a U.S. contribution to the Global Fund. Congress exceeded the President's request by some $560 million, providing $6.3 billion for global HIV/AIDS, TB, and malaria efforts, including some $840 million for a U.S. contribution to the Global Fund. This report reviews U.S. appropriations for treatment and prevention of the three diseases from FY2004 through FY2008. The report will not be updated; PEPFAR authorization expires in FY2008. | |||
| RL32235 (PDF, TXT) | U.S. Immigration Policy on Permanent Admissions | Ruth Ellen Wasem, Domestic Social Policy Division | February 29, 2008 |
| Legal immigration reform has stalled in the 110th Congress. A bipartisan compromise proposal for comprehensive immigration reform negotiated with the Bush Administration was introduced in the Senate on May 21, 2007, as S.Amdt. 1150 to S. 1348. A modified version of that compromise (S. 1639) came to the Senate floor the week of June 26, 2007, but a key cloture vote did not pass. The House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law held multiple hearings weekly in April, May, and June of 2007 on various aspects of comprehensive immigration reform. On September 6, 2007, the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law held a hearing on H.R. 1645, the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007. | |||
| RL34401 (PDF, TXT) | The National Nanotechnology Initiative: Overview, Reauthorization, and Appropriations Issues | John F. Sargent, Resources, Science, and Industry Division | February 29, 2008 |
| This report provides an overview of nanotechnology, the National Nanotechnology Initiative, possible reauthorization of the 21st Century Nanotechnology Research and Development Act of 2003 (P.L. 108-153), and appropriations issues. | |||
| RL33152 (PDF, TXT) | The National Environmental Policy Act: Background and Implementation | Linda Luther, Resources, Science, and Industry Division | February 29, 2008 |
| This report discusses NEPA's history, its provisions, and the evolution of its implementation; it also provides an overview of how agencies implement NEPA's requirements. | |||
| RL33786 (PDF, TXT) | Individual Tax Rates and Tax Burdens: Changes Since 1960 | Thomas L. Hungerford, Government and Finance Division | February 29, 2008 |
| This report examines the changes in tax rates and tax burdens on individuals. Not only are federal individual income taxes considered, but also social insurance contributions and state and local taxes. The evolution of these taxes since 1960 is analyzed to track changes in the overall level and distribution of the tax burden. | |||
| RS22824 (PDF, TXT) | High Wheat Prices: What Are the Issues? | Randy Schnepf, Resources, Science, and Industry Division | February 29, 2008 |
| The U.S. Department of Agriculture (USDA) projects the U.S. season-average farm price (SAFP) received for all wheat in the 2007/08 marketing year (June to May) to be in the $6.45 to $6.85 per bushel range. The range midpoint exceeds the previous U.S. record of $4.55 (in 1995/96) by 46%. During the past 30 years, the all-wheat SAFP has stayed within a range of $2.42 to $4.55, while averaging $3.33 per bushel. USDA projects a replenishment of U.S. and global supplies in 2008 (assuming normal weather conditions) to moderate market prices in the latter half of 2008. However, prices are likely to exhibit substantial variability until global stock levels can be rebuilt. | |||
| RS22742 (PDF, TXT) | Cuba's Political Succession: From Fidel to Raúl Castro | Mark P. Sullivan, Foreign Affairs, Defense, and Trade Division | February 29, 2008 |
| Cuba's political succession from Fidel Castro to his brother Raúl has been characterized by a remarkable degree of stability. On February 24, 2008, Cuba's legislature selected Raúl as President of the 31-member Council of State, a position that officially made him Cuba's head of government and state. Most observers expected this since Raúl already had been heading the Cuban government on a provisional basis since July 2006 when Fidel stepped down as President because of poor health. On February 19, 2008, Fidel had announced that he would not accept the position of President of the Council of State. Cuba's stable political succession from one communist leader to another raises questions about the future direction of U.S. policy, which currently can be described as a sanctions-based policy that ties the easing of sanctions to democratic change in Cuba. | |||
| RL33791 (PDF, TXT) | Possible Indexation of the Federal Minimum Wage: Evolution of Legislative Activity | William G. Whittaker, Domestic Social Policy Division | February 29, 2008 |
| Following a preliminary introduction of the topic, this report reviews the several relatively distinct periods during which indexation, in one form or another, was before the Congress. | |||
| RS21939 (PDF, TXT) | The Magnitude of Changes That Would Be Required to Balance the FY2009 Budget | Marc Labonte, Government and Finance Division | February 29, 2008 |
| The budget deficit in FY2009 is projected to be between $198 billion and $407 billion. Mathematically, the budget could be balanced by reducing total spending by 7%-14%, or mandatory spending by 11%-24%, or discretionary spending by 17%-32%, or non-military discretionary spending by 36%-72%, or by raising income tax rates by 14%-31%, or some combination of these options. The budget is unlikely to return to balance "on its own," as some have suggested, because higher growth rates should be incorporated in the projections; research suggests that the revenue estimates of tax cuts are unlikely to be significantly overstated; and the decline in the deficit found in the CBO baseline or President's budget rests on assumptions that differ substantially from what is typically thought of as current policy. | |||
| RS21896 (PDF, TXT) | The Department of the Treasury's Authority to Regulate GSE Debt: A Legal Analysis | Michael V. Seitzinger, American Law Division | March 3, 2008 |
| The Department of the Treasury is developing a more formalized approach for approving Fannie Mae's and Freddie Mac's debt issuances. Although the Department of the Treasury has traditionally used its approval authority merely to coordinate the timing of debt issuances, the department may seek to regulate the amount of debt that Fannie Mae and Freddie Mac may issue. This report analyzes the Department of the Treasury's legal authority over Fannie Mae and Freddie Mac and concludes that a court would likely hold that the department possesses the power to regulate the amount of debt issued by these two organizations. | |||
| RS22185 (PDF, TXT) | Individual Development Accounts (IDAs): Background and Current Legislation for Federal Grant Programs to Help Low-Income Families Save | Gene Falk, Domestic Social Policy Division | March 3, 2008 |
| Individual Development Accounts (IDAs) are savings accounts to help low-income families and persons save for specified purposes, usually education, purchase of a home, or to start a business. Current IDA programs match an individual's contributions, much like retirement 401(k) accounts. The Assets For Independence (AFI) Act, enacted by Congress in 1998, specifically authorizes IDA demonstration programs. Authorization for the AFI programs expired at the end of FY2003, though Congress continued to appropriate money for the program. President Bush's FY2009 budget would fund AFI at $24.025 million, the same funding level as provided for FY2008. States are also given authority to use funds from the Temporary Assistance for Needy Families (TANF) block grant to fund IDA programs. The Deficit Reduction Act of 2005 (P.L. 109-171, S. 1932) "reauthorized" TANF through FY2010, making no changes to TANF's rules for IDAs. The AFI program remains unauthorized. | |||
| RL32254 (PDF, TXT) | Small Business Tax Benefits: Overview and Economic Rationales | Gary Guenther, Government and Finance Division | March 3, 2008 |
| This report describes the principal federal tax benefits for small firms and examines the economic arguments for and against them. It will be updated when new benefits are added to the federal tax code, or current ones are modified or repealed. | |||
| RL34096 (PDF, TXT) | Reauthorization in the 110th Congress of the National and Community Service Act of 1990 and the Domestic Volunteer Service Act of 1973 | Ann Lordeman, Domestic Social Policy Division | March 3, 2008 |
| Both NCSA and DVSA were last amended in 1993 by the National and Community Service Trust Act of 1993 (P.L. 103-82). This act created (1) the Corporation to administer NCSA and DVSA programs, (2) a new national service program referred to as AmeriCorps, (3) a National Service Trust to fund educational awards to persons participating in AmeriCorps and other select community service programs, and (4) state commissions on national and community service to receive funding under NCSA. Authorization of appropriations for the NCSA and DVSA programs expired at the end of FY1996. These programs continue to be funded, however, through annual appropriations measures. H.R. 2857 would extend the authorization of appropriations for all NCSA and DVSA programs through FY2012. The focus of this report is on selected amendments H.R. 2857 would make to these two statutes. | |||
| RS22827 (PDF, TXT) | Liability of Plan Fiduciaries under ERISA: LaRue v. DeWolff, Boberg & Associates | Jennifer Staman, American Law Division | March 4, 2008 |
| In LaRue v. DeWolff, Boberg & Associates, a participant in a 401(k) plan requested that plan administrators change an investment in his individual account. The plan administrators failed to make this change, and the individual's account allegedly suffered losses. The participant brought an action against his former employer and the 401(k) plan, claiming the plan administrator breached his fiduciary duty by neglecting to properly follow the investment instructions. At issue in the LaRue case was whether an individual could bring an action under ERISA to recover the losses. The Supreme Court held that a plan participant in a 401(k) plan could sue a plan fiduciary under Section 502(a)(2) of ERISA to recover losses caused by a fiduciary breach that only affected his individual account. This report discusses breach of fiduciary duty claims under ERISA Section 502(a)(2) and the LaRue case. | |||
| RL34099 (PDF, TXT) | California's Waiver Request to Control Greenhouse Gases Under the Clean Air Act | James E. McCarthy, Resources, Science, and Industry Division; Robert Meltz, American Law Division | March 4, 2008 |
| This report reviews the nature of EPA's, California's, and other states' authority to regulate emissions from mobile sources, the applicability of that authority to GHGs, and issues related to the California waiver request. The conditions for granting or denying a waiver request under CAA are four: whether the state has determined that its standards will be, in the aggregate, at least as protective of public health and welfare as applicable federal standards; whether this determination was arbitrary and capricious; whether the state needs such standards to meet compelling and extraordinary conditions; and whether the standards and accompanying enforcement procedures are consistent with CAA Section 202(a). California appears to have a sound argument that it has met these tests; EPA, however, has decided that climate change is simply beyond the scope of its preemption waiver authority. | |||
| RS22561 (PDF, TXT) | Veterans Affairs: The U.S. Court of Appeals for Veterans Claims - Judicial Review of VA Decision Making | Douglas Reid Weimer, American Law Division | March 4, 2008 |
| Congress, through the Department of Veterans Affairs (VA), extends various benefits to veterans and certain of their family members. Sometimes veterans may not agree with the VA's initial decisions concerning the award and/or the amount of these benefits. Within the VA, there is an extensive appeal/review process that concludes with the decision of the Board of Veterans' Appeals (BVA). Final decisions of the BVA may be appealed to the U.S. Court of Appeals for Veterans Claims (CAVC), which is an independent federal court, entirely separate from the VA. This report examines the historical and legislative background of the CAVC and its current operation. | |||
| RS22826 (PDF, TXT) | Impact of Rising Energy Costs on Older Americans | Janemarie Mulvey, Domestic Social Policy Division | March 4, 2008 |
| Older Americans are disproportionately affected by higher energy costs. As a share of income, households headed by a person age 65 or older spend more on energy-related expenditures than their younger counterparts. In addition, low-income households (those with less than $15,000 in household income) spent nearly 20% of their household income on energy-related expenditures in 2006 (the latest year for which data are available). This compares to 7.3% spent by older households with incomes above $15,000. These estimates are for 2006 and do not reflect the additional 17% increase in energy prices that occurred in 2007. | |||
| RS22628 (PDF, TXT) | Congressional Redistricting: The Constitutionality of Creating an At-Large District | L. Paige Whitaker, American Law Division | March 4, 2008 |
| The District of Columbia House Voting Rights Act of 2007, H.R. 1905 (110th Congress), contains provisions that would expand the U.S. House of Representatives by two Members to a total of 437 Members. The first of these two new seats would be allocated to create a voting Member representing the District of Columbia. The second seat would be assigned in accordance with 2000 census data and existing federal law, resulting in the addition of a fourth congressional seat in the state of Utah, which would be a temporary at-large district. This report discusses only the constitutionality of the creation of an at-large congressional district. While it is not without doubt, based on the authority granted to Congress under the Constitution to regulate congressional elections and relevant Supreme Court precedent, it appears that federal law establishing a temporary at-large congressional district would likely be upheld as constitutional. In April 2007, the House passed H.R. 1905 (110th Congress) by a vote of 241 to 177. A similar bill, S. 1257 (110th Congress), was considered by the Senate in September 2007, but a motion to invoke cloture failed by a vote of 57 to 42. | |||
| RL34269 (PDF, TXT) | Minority Ownership of Broadcast Properties: A Legal Analysis | Kathleen Ruane, American Law Division | March 5, 2008 |
| Two bills - H.R. 600 and H.R. 3003 - have been introduced in the 110th Congress to create a revised tax incentive. One criterion for eligibility in H.R. 600 is designation of the purchaser as an SDB. Also, the FCC is seeking comment on a proposal to define SDBs for the purposes of implementing other programs that foster minority ownership of broadcast properties. To the extent the legislation or FCC programs seek to increase racial and ethnic minority ownership of broadcast stations, they are likely to be subjected to intense scrutiny if challenged in court. | |||
| RL32162 (PDF, TXT) | The Size and Role of Government: Economic Issues | Marc Labonte, Government and Finance Division | March 5, 2008 |
| The appropriate size and role of the government is one of the most fundamental and enduring debates in American politics. What role does the state play in economic activity? How is the economy affected by government intervention? Many of the arguments surrounding the proper size of government are economic in nature, and are discussed in this report. | |||
| RS21817 (PDF, TXT) | The Alternative Minimum Tax (AMT): Income Entry Points and "Take Back" Effects | Steven Maguire, Government and Finance Division | March 5, 2008 |
| The alternative minimum tax for individuals (AMT) was originally enacted to ensure that high-income taxpayers paid a fair share of the federal income tax. However, the recent reductions in regular income taxes coupled with the lack of indexation of the AMT has greatly expanded the potential impact of this tax. Temporary increases in the AMT exemption amounts expired at the end of 2007. If this occurs, then the number of taxpayers subject to the AMT will jump from roughly 5 million in 2007 to 26 million in 2008. Taxpayers filing joint returns with no dependents will be subject to the AMT starting at income levels of $74,660. Large families will be subject to the AMT at income levels as low as $55,568. In addition, for many taxpayers, the AMT will "take back" much of the reductions in the regular income tax earlier this decade. The estimated combined revenue loss from extending recent reductions in the regular individual income tax and extending the higher AMT exemption amounts (indexed for inflation) and allowing personal credits (the "patch") would be significant. These two policy options together along with increased debt service would reduce federal tax revenues by more than $4.3 trillion between 2009 and 2018. | |||
| RS21858 (PDF, TXT) | Global Environment Facility (GEF): Overview | Susan R. Fletcher, Resources, Science, and Industry Division | March 5, 2008 |
| The Global Environment Facility (GEF), established in 1991, has served since then as a primary source of funding for several major international environmental concerns. It was designed to provide incremental additional funding for development projects, in order to allow incorporation of environmental considerations in four specified areas: climate change, ozone depletion, biological diversity, and international waters. In recent years, land degradation and persistent organic pollutants have been added to its agenda. The GEF has provided funding to more than 1,900 projects in 160 nations. Although the United States has participated in the GEF since its inception, its level of contributions to the GEF has varied widely, from $30 million in 1994 to a high of $167 million in 1999, and to $81.7 million in 2008. | |||
| RS22828 (PDF, TXT) | Mortgage and Rental Assistance as Disaster Relief: Legislation in the 110th Congress | Francis X. McCarthy, Government and Finance Division | March 5, 2008 |
| During the first session of the 110th Congress, Senators Feinstein and Boxer introduced S. 2386, the Mortgage and Rental Disaster Relief Act of 2007. The legislation would reinstate a Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, as amended) provision that provided mortgage and rental assistance to disaster victims. Mortgage and Rental Assistance (MRA) had been dropped from the Stafford Act by P.L. 106-390, the Disaster Mitigation Act of 2000 (DMA2K). This report summarizes the previous MRA provision administered by the Federal Emergency Management Agency, the issues that were a part of the discussion prior to its removal in P.L 106-390, and questions that have been raised since 2000 regarding mortgage and rental assistance. | |||
| RL34405 (PDF, TXT) | Role of Home State Senators in the Selection of Lower Federal Court Judges | Denis Steven Rutkus, Government and Finance Division | March 6, 2008 |
| This report examines the role played by Senators in the selection of nominees to two kinds of lower court judgeships - to U.S. district court judgeships in the federal judicial districts lying geographically within the Senators' states and to U.S. court of appeals judgeships in the judicial circuits of which the Senators' states are a geographic part. | |||
| RL34406 (PDF, TXT) | The Next Generation Bomber: Background, Oversight Issues, and Options for Congress | Anthony Murch, Foreign Affairs, Defense, and Trade Division | March 7, 2008 |
| The Air Force is in the initial stages of formalizing a new bomber aircraft acquisition program. This program, in accordance with Department of Defense (DOD) and congressional mandates, is to produce a new long-range strike aircraft to be operational by 2018. Air Force plans for acquiring a new bomber aircraft have been accelerated by about 20 years from earlier projections because of a combination of the Air Force's desire to retire a portion of its B-52 fleet and DOD's perception of a developing "bomber capability gap." Defense analysts have estimated that it will cost between $8 billion and $10 billion to develop a new bomber using current or "soon-to-mature" technologies. | |||
| RS22829 (PDF, TXT) | Georgia [Republic] and NATO Enlargement: Issues and Implications | Jim Nichol, Foreign Affairs, Defense, and Trade Division | March 7, 2008 |
| This report examines the aspirations of Georgia [Republic] to be invited at the upcoming April 2008 NATO Summit to participate in a Membership Action Plan, a key stage of cooperation preparatory to possible Alliance Membership. Issues related to Georgia's reform progress, Georgia-Russia relations, and U.S. policy are examined. | |||
| RL32260 (PDF, TXT) | U.S. Foreign Assistance to the Middle East: Historical Background, Recent Trends, and the FY2009 Request | Jeremy M. Sharp, Foreign Affairs, Defense, and Trade Division | March 7, 2008 |
| This report is an overview of U.S. foreign assistance to the Middle East from FY2003 to FY2009, and of the FY2009 budget request. It includes a history of aid to the region, a review of foreign aid levels, a description of selected country programs, and an analysis of current foreign aid issues. It will be updated periodically to reflect recent developments. For foreign aid terminology and acronyms, see the glossary appended to this report. | |||
| RL34409 (PDF, TXT) | Selected Laws Governing the Disclosure of Customer Phone Records by Telecommunications Carriers | Kathleen Ann Ruane, American Law Division | March 10, 2008 |
| This report discusses recent legislative and regulatory efforts to protect the privacy of customer telephone records and efforts to prevent the unauthorized use, disclosure, or sale of such records by data brokers. In addition, it provides a brief overview of the confidentiality protections for customer information established by the Communications Act of 1934. It does not discuss the legal framework for the disclosure by telephone companies of phone records to the government. | |||
| RS21232 (PDF, TXT) | Grazing Fees: An Overview and Current Issues | Carol Hardy Vincent, Resources, Science and Industry Division | March 10, 2008 |
| Charging fees for grazing private livestock on federal lands is a long-standing but contentious practice. Generally, livestock producers who use federal lands want to keep fees low, while conservation groups and others believe fees should be increased. The formula for determining the grazing fee for lands managed by the Bureau of Land Management and the Forest Service uses a base value adjusted annually by the lease rates for grazing on private lands, beef cattle prices, and the cost of livestock production. The collected fees are divided among the Treasury, states, and federal agencies. Fee reform was attempted but not adopted in the 1990s. Current issues include instances of grazing without paying fees, efforts to retire certain grazing permits, and a broad approach to buy out grazing permittees. | |||
| RL34410 (PDF, TXT) | The Louisiana Road Home Program: Federal Aid for State Disaster Housing Assistance Programs | Natalie P. Love, Government and Finance Division | March 10, 2008 |
| This report discusses funding for the Road Home program and related activities. However, before focusing on funding issues, the report discusses the HAP component of the Road Home program, which is the program's largest and most controversial. | |||
| RL32267 (PDF, TXT) | The War Powers Resolution: After Thirty-Four Years | Richard F. Grimmett, Foreign Affairs, Defense, and Trade Division | March 10, 2008 |
| This report discusses and assesses the War Powers Resolution, its application since enactment in 1973, providing detailed background on a variety of cases where it was used, or issues of its applicability were raised. | |||
| 98-835 (PDF, TXT) | House Sergeant at Arms: Legislative and Administrative Duties | Lorraine H. Tong, Government and Finance Division | March 10, 2008 |
| The sergeant at arms is an officer of the House with law enforcement, protocol, and administrative responsibilities. The sergeant at arms is elected at the beginning of each Congress by the membership of the chamber. His duties are mandated in law, House rules, custom, and policies determined by the House Committee on Appropriations and the Committee on House oversight. | |||
| RL33686 (PDF, TXT) | Roles and Duties of a Member of Congress | R. Eric Petersen, Government and Finance Division | March 10, 2008 |
| The duties carried out by a Member of Congress are understood to include representation, legislation, and constituent service and education, as well as political and electoral activities. The expectations and duties of a Member of Congress are extensive, encompassing several roles that could be full-time jobs by themselves. Despite the acceptance of these roles and other activities as facets of the Member's job, there is no formal set of requirements or official explanation of what roles might be played as Members carry out the duties of their offices. In the absence of formal authorities, many of the responsibilities that Members of Congress have assumed over the years have evolved from the expectations of Members and their constituents. | |||
| RL31868 (PDF, TXT) | U.S. Circuit and District Court Nominations by President George W. Bush During the 107th-109th Congresses | Denis Steven Rutkus and Kevis M. Scott, Government and Finance Division; Maureen Bearden, Knowledge Services Group | March 10, 2008 |
| In this report, two tables list all of President George W. Bush's circuit and district court nominations during the 107th through 109th Congresses, including procedural actions taken on each nomination. Judicial nomination statistics for the 107th through 109th Congresses also are presented. | |||
| RL34408 (PDF, TXT) | Comparison of Selected Recommendations of the President's Commission on Returning Wounded Warriors (the Dole-Shalala Commission) and the Veterans' Disability Benefits Commission | Christine Scott and Sarah A. Lister, Domestic Social Policy Division | March 10, 2008 |
| This report compares selected recommendations of the President's Commission on Care for America's Returning Wounded Warriors (PCCWW), often called the Dole-Shalala Commission in reference to its co-chairs, and the Veterans' Disability Benefits Commission (VDBC). The VDBC was established in 2004 to study veterans' benefits in a broad context. The PCCWW was established in 2007 following reports of problems among injured servicemembers returning from Iraq and Afghanistan with medical rehabilitation and access to benefits. The PCCWW was charged to focus specifically on the needs of these individuals. | |||
| 98-761 (PDF, TXT) | Clerk of the House: Legislative and Administrative Duties | Lorraine H. Tong, Government and Finance Division | March 10, 2008 |
| The clerk is the chief legislative official of the House of Representatives. Elected by the membership of the House of the beginning of each Congress, the legislative duties of the clerk were defined during the First Congress. Over time, other responsibilities have been added by law, House rules, policies determined by the House Appropriations and Oversight Committees, and by custom. House Rule III establishes the duties of the clerk. | |||
| RS22647 (PDF, TXT) | Screening for Youth Suicide Prevention | Ramya Sundararaman, Domestic Social Policy Division | March 10, 2008 |
| Suicide remains a leading cause of death among U.S. youth. Most experts maintain that screening for high-risk youth within the context of a comprehensive suicide prevention program is a cost-effective strategy. While the federal government does not mandate screening, it provides grant funds that are used for screening programs, with active parental consent. This report discusses the issues surrounding screening as a strategy for youth suicide prevention. | |||
| RL32587 (PDF, TXT) | Taxes and Offshore Outsourcing | Donald J. Marples, Government and Finance Division | March 11, 2008 |
| The impact of taxes on international trade and investment has been debated for decades. Most recently, a variety of bills addressing international taxation have been introduced in the 110th Congress - some would cut taxes for U.S. firms overseas, while others would increase taxes on foreign investment. The debate over taxes and foreign outsourcing has tended to grow more heated during times of domestic economic weakness and high unemployment; questions arise over whether taxes contribute to such weakness by discouraging exports (or encouraging imports) or by encouraging U.S. firms to move abroad. The debate over international taxation has again become prominent as a part of the wider debate over "outsourcing." With taxes, the debate asks how the current system affects outsourcing, and whether policies designed to limit the phenomenon might be desirable. This report applies economic analysis to both questions. | |||
| RS22445 (PDF, TXT) | Taxes and International Competitiveness | Donald J. Marples, Government and Finance Division | March 11, 2008 |
| This report looks at competitiveness from three different perspectives: that of individual domestic firms, multinational corporations, and domestic labor. In each case, the report then applies economic analysis to the competitiveness concept, which adds clarity by identifying the specific ways in which taxes affect international trade and investment. | |||
| RS21666 (PDF, TXT) | Tunisia: Current Issues | Carol Migdalovitz, Foreign Affairs, Defense, and Trade Division | March 11, 2008 |
| Tunisia has a stable, authoritarian government led by President Zine ben Ali, who was elected to a fourth term on October 24, 2004. Ben Ali's Constitutional Democratic Rally party controls parliament, state and local governments, and most political activity. There are significant limitations on human rights but marked advancements for women and girls. Tunisia has experienced occasional attacks by Islamist terrorists, and Tunisian expatriates have been arrested in Europe, North America on terrorism-related charges. Tunisia is a non-oil-exporting, middle-class country with a diverse, growing economy, and high unemployment. It has long enjoyed good relations with the United States. | |||
| RS22044 (PDF, TXT) | Individuals with Disabilities Education Act (IDEA): Services in Private Schools under P.L. 108-446 | Nancy Lee Jones, American Law Division | March 11, 2008 |
| The Individuals with Disabilities Education Act (IDEA), as amended by P.L. 108- 446, provides for services for children with disabilities in private schools. A child with a disability may be placed in a private school by the local educational agency (LEA) or the State Educational Agency (SEA) and costs are paid by the agency. Children with disabilities enrolled by their parents in private schools are treated differently; generally, they are to be provided special education and related services to the extent consistent with the number and location of such children in the school district served by a LEA pursuant to several requirements. These requirements include provisions relating to direct services to parentally placed private school children with disabilities, the calculation of the proportionate amount of funds, and a requirement for record keeping. Compliance procedures for these requirements were added by the 2004 reauthorization. | |||
| RL33243 (PDF, TXT) | Small Business Administration: A Primer on Programs | N. Eric Weiss, Government and Finance Division | March 11, 2008 |
| This report summarizes the major SBA programs. | |||
| RL31856 (PDF, TXT) | Resident Commissioner from Puerto Rico | R. Eric Petersen, Government and Finance Division | March 11, 2008 |
| Since 1902, Congress has authorized Puerto Rico to be represented in Washington, D.C., by a Resident Commissioner. Although the office of territorial Delegate in Congress dates from the Congress of the Articles of Confederation, the office of Resident Commissioner was not established until after the Spanish-American War to provide representation for Puerto Rico and the Philippines. This report surveys the evolution of the office of Resident Commissioner, the expansion in the authority provided to the Resident Commissioner, and the various approaches the Resident Commissioner takes in fulfilling the responsibilities of the office. | |||
| RL31444 (PDF, TXT) | Firms That Incorporate Abroad for Tax Purposes: Corporate "Inversions" and "Expatriation" | Donald J. Marples, Government and Finance Division | March 11, 2008 |
| Over the past several years, reports indicate that an increasing number of U.S. firms have altered their structure by substituting a foreign parent corporation for a domestic one. Such "inversions" typically involve creation of a new foreign corporation in a country with low tax rates (a "tax haven") that becomes the parent of the firm's foreign and U.S. component corporations. A chief motive for inversions is apparently savings by firms on their U.S. corporate income tax. One source of savings is tax on a firm's foreign income: the United States taxes corporations chartered in the United States on both U.S. and foreign income but taxes foreignchartered corporations only on their U.S.-source income. An inversion can thus potentially reduce a firm's U.S. taxes on foreign income. Other tax savings apparently result from "earnings stripping," or the shifting of U.S.-source income from taxable U.S. components of the firm to the tax-exempt foreign parts. | |||
| RS22514 (PDF, TXT) | Investment Advice and the Pension Protection Act of 2006 | Jon O. Shimabukuro, American Law Division | March 11, 2008 |
| This report examines Section 601 of the Pension Protection Act of 2006, which amends the Employee Retirement Income Security Act to allow for the provision of investment advice without fear of fiduciary liability. Prior to the enactment of Section 601, ERISA's prohibited transaction restrictions operated to discourage pension plan fiduciaries from providing investment advice to plan participants and beneficiaries. As amended, ERISA would now seem to allow for the provision of investment advice so long as such advice is provided pursuant to an eligible investment advice arrangement in compliance with the statute. | |||
| RL34173 (PDF, TXT) | Public Utility District No. 1 of Snohomish County v. FERC and the Mobile-Sierra Doctrine | Adam Vann, American Law Division | March 11, 2008 |
| important implications for the authority of the Federal Energy Regulatory Commission (FERC) to review wholesale electricity and natural gas contracts under what is known as the "Mobile-Sierra Doctrine." The Doctrine mandates that FERC will not abrogate contracts (including wholesale natural gas and power contracts as well as transmission agreements) between private parties absent a showing that a change is necessary in the public interest. The Ninth Circuit decision, Public Utility District No. 1 of Snohomish County v. FERC, 471 F.3d 1053 (9th Cir. 2006), held that in the context of market-based rates, parties seeking reformation of contracts may not have to meet the Mobile-Sierra Doctrine requirement of demonstrating that the contract is contrary to the public interest, but rather need only to demonstrate that the contract is not "just and reasonable." The decision has been appealed to the U.S. Supreme Court; the Court heard arguments regarding the Snohomish decision in February 2008. This report reviews the Mobile-Sierra Doctrine and discusses the recent Ninth Circuit decision and its implications. | |||
| RL33987 (PDF, TXT) | Genetic Nondiscrimination in Employment: A Comparison of Title II Provisions in S. 358 and H.R. 493, 110th Congress | Nancy Lee Jones, American Law Division | March 12, 2008 |
| H.R. 493, 110th Congress, the Genetic Information Nondiscrimination Act (GINA), passed the House on April 25, 2007. On March 5, 2008, the text of H.R. 493 as passed by the House was added to the Paul Wellstone Mental Health and Addiction Equity Act of 2007 (H.R. 1424) in the engrossment of H.R. 1424. The Senate bill, S. 358, 110th Congress, was reported out of the Senate Health, Education, Labor, and Pensions Committee on March 29, 2007, and is currently awaiting Senate action. This report compares the provisions of H.R. 493 and S. 358 relating to GINA's prohibition of genetic discrimination in employment. | |||
| RL34394 (PDF, TXT) | Comprehensive Nuclear-Test-Ban Treaty: Issues and Arguments | Jonathan Medalia, Foreign Affairs, Defense, and Trade Division | March 12, 2008 |
| This report presents a detailed, comprehensive discussion of the treaty's pros and cons from a U.S. perspective. It contains an appendix outlining relevant history. | |||
| RL30235 (PDF, TXT) | Minimum Wage in the Territories and Possessions of the United States: Application of the Fair Labor Standards Act | William G. Whittaker, Domestic Social Policy Division | March 12, 2008 |
| This report examines the history of the application of the federal minimum wage under the Fair Labor Standards Act to the territories and other possessions of the United States: specifically to Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands. | |||
| RL30473 (PDF, TXT) | State Children's Health Insurance Program (SCHIP): A Brief Overview | Elicia J. Herz, Evelyne P, Baumrucker, and Chris L. Peterson, Domestic Social Policy Division | March 12, 2008 |
| This report provides an overview of the key features of the State Children's Health Insurance Program (SCHIP). The key features addressed include eligibility, benefits, cost-sharing, financing, legislative history, and current enrollment and expenditure data. | |||
| RS21308 (PDF, TXT) | Recess Appointments: Frequently Asked Questions | Henry B. Hogue, Government and Finance Division | March 12, 2008 |
| Under the Constitution (Article II, Section 2, Clause 2), the President and the Senate share the power to make appointments to high-level policy-making positions in federal departments, agencies, boards, and commissions. Generally, the President nominates individuals to these positions, and the Senate must confirm them before he can appoint them to office. The Constitution also provides an exception to this process. When the Senate is in recess, the President may make a temporary appointment, called a recess appointment, to any such position without Senate approval (Article II, Section 2, Clause 3). This report supplies answers to some frequently asked questions regarding recess appointments. | |||
| RL34266 (PDF, TXT) | Climate Change: Science Update 2007 | Jane A. Leggett, Resources, Science, and Industry Division | March 12, 2008 |
| This report summarizes highlights of new scientific research and assessments released in 2007 related to global warming. | |||
| RS22450 (PDF, TXT) | Procedural Analysis of Private Laws Enacted: 1986-2007 | Christopher M. Davis, Government and Finance Division | March 12, 2008 |
| Between 1986 and 2007 (99th-109th Congresses), 167 private laws were enacted. As of this writing, no private laws have been enacted in the 110th Congress. Most private laws during this period dealt with immigration issues or claims against the government. Of these measures, 66% originated in the House, 9% had cosponsors, and 23% had companion bills. Most were enacted without amendment or need to resolve differences with the other house. This report examines the broad distinctions among these measures in terms of their subject matter, introduction, sponsorship and cosponsorship, referral, method of consideration, amendment, and reconciling of differences between the chambers' versions of the bill. | |||
| RL33171 (PDF, TXT) | Federal Business Taxation: The Current System, Its Effects, and Options for Reform | Donald J. Marples, Government and Finance Division | March 12, 2008 |
| Various hypothetical alternatives exist for reforming the business tax system. One possibility is to move in the direction of the 1986 Tax Reform Act by broadening the existing tax base - that is, by eliminating tax benefits and preferences. Another possibility - and one that is favored by many economists - is to adopt some form of tax integration that would eliminate the double taxation of corporate income. A third option is to adopt a form of consumption tax, under which new business investment would be exempt from tax. Either corporate tax integration or a consumption tax could improve economic efficiency, but only if the design were to avoid the types of distortions present in the current system. | |||
| RS22830 (PDF, TXT) | Genetic Ancestry Testing | Amanda K. Sarata, Domestic Social Policy Division | March 12, 2008 |
| Interest in genetic testing to determine ancestry has increased rapidly since its introduction in 2000. Many individuals are eager to learn more about their ancestors, and believe genetic testing will be able to provide information where other traditional genealogical methods have failed. While genetic ancestry testing may in some cases be able to provide very general information, it also currently has many limitations. The very complex relationship between race, genetics, and ancestry further complicates this testing and the interpretation of results. Genetic ancestry testing may, therefore, raise several policy issues. This report describes genetic ancestry testing, outlines the basic scientific limitations of the testing currently, and provides an overview of the policy issues this testing may raise. | |||
| RS22331 (PDF, TXT) | Foreign Holdings of Federal Debt | Justin Murray, Knowledge Services Group; and Marc Labonte, Government and Finance Division | March 12, 2008 |
| This report presents current data on estimated ownership of United States Treasury securities and major holders of federal debt by country. Federal debt represents the accumulated balance of borrowing by the federal government. To finance federal borrowing, United States Treasury securities are sold to investors. Treasury securities may be purchased directly from the Treasury or on the secondary market by individual private investors, financial institutions in the United States or overseas, and foreign, state, or local governments. Foreign investment in federal debt has grown in recent years, prompting questions on the location of the foreign holders and how much debt they hold. | |||
| RL34059 (PDF, TXT) | The Carbon Cycle: Implications for Climate Change and Congress | Peter Folger, Resources, Science, and Industry Division | Updated March 13, 2008 |
| If humans add only a small amount of CO2 to the atmosphere each year, why is that contribution important to global climate change? The answer is that the oceans, vegetation, and soils do not take up carbon released from human activities quickly enough to prevent CO2 concentrations in the atmosphere from increasing. Humans tap the huge pool of fossil carbon for energy, and affect the global carbon cycle by transferring fossil carbon - which took millions of years to accumulate underground - into the atmosphere over a relatively short time span. As a result, the atmosphere contains approximately 35% more CO2 today than prior to the beginning of the industrial revolution (380 ppm vs 280 ppm). As the CO2 concentration grows it increases the degree to which the atmosphere traps incoming radiation from the sun (radiative forcing), warming the planet. | |||
| RL33655 (PDF, TXT) | Interrogation of Detainees: Overview of the McCain Amendment | Michael John Garcia, American Law Division | March 13, 2008 |
| Amidst controversy regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, Congress approved additional guidelines concerning the treatment of persons in U.S. custody and control via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the "cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government." These provisions, added to the defense appropriations and authorization bills via amendments introduced by Senator John McCain, have popularly been referred to as the "McCain Amendment." As subsequently modified, the McCain Amendment also provides legal protections and assistance to U.S. personnel engaged in the authorized interrogation of a terrorist suspect. | |||
| 97-71 (PDF, TXT) | Access to Government Information in the United States | Harold C. Relyea and Wendy Ginsberg, Government and Finance Division | March 13, 2008 |
| The Constitution of the United States makes no specific allowance for any one of the co-equal branches to have access to information held by the others and contains no provision expressly establishing a procedure for, or a right of, public access to government information. Nonetheless, Congress has legislated various public access laws. These include two records access statutes - the Freedom of Information Act (FOI Act or FOIA; 5 U.S.C. § 552) and the Privacy Act (5 U.S.C. § 552a) - and two meetings access statutes - the Federal Advisory Committee Act (FACA; 5 U.S.C. App.) and the Government in the Sunshine Act (5 U.S.C. § 552b). Moreover, due to the American separation of powers model of government, interbranch conflicts over the accessibility of information are neither unexpected nor necessarily destructive. The federal courts, historically, have been reluctant to review and resolve "political questions" involving information disputes between Congress and the executive branch. Although there is considerable interbranch cooperation, such conflicts probably will continue to occur on occasion. | |||
| RS22831 (PDF, TXT) | Russia's March 2008 Presidential Election: Outcome and Implications | Jim Nichol, Foreign Affairs, Defense, and Trade Division | March 13, 2008 |
| This report discusses the campaign and results of Russia's March 2, 2008, presidential election and implications for Russia and U.S. interests. Popular outgoing President Vladimir Putin endorsed his First Deputy Prime Minister, Dmitriy Medvedev, who easily won an election viewed by some observers as not free and fair. | |||
| RL34413 (PDF, TXT) | Public Safety Officers' Benefits (PSOB) Program | Nathan James, Domestic Social Policy Division | March 13, 2008 |
| The PSOB program originally provided only death benefits to survivors of public safety officers killed in the line of duty. Since its inception in 1976, the PSOB program has been expanded to provide disability benefits to public safety officers disabled by an injury suffered in the line of duty and education benefits to the spouses and children of public safety officers killed or disabled in the line of duty. Each of these benefits is discussed. | |||
| RL30705 (PDF, TXT) | Federal Grants to State and Local Governments: A Brief History | Natalie P. Love, Government and Finance Division | March 13, 2008 |
| This report traces the history of federal grants to state and local governments from 1785 to present. | |||
| RL34392 (PDF, TXT) | Russia's 2008 Presidential Succession | Stuart D. Goldman, Foreign Affairs and National Defense Division | March 13, 2008 |
| Putin's genuine popularity at home, combined with the near-total control that he and his regime exercise over nearly every aspect of the political scene, guaranteed the electoral outcomes sought by the Kremlin. Major questions remain, however, about the configuration of political power after Medvedev succeeds Putin as president. What will be the balance of power between the President Medvedev and Prime Minister Putin? Will a diarchy of power be stable? Will Putin seek to regain the presidency after a Medvedev interregnum which would legalize a third (and fourth) non-consecutive term for Putin? The answers to these questions will help determine the course of Russia's political evolution , continuing and consolidating the authoritarianism that Putin has fostered, or moderating that trend. At the same time, Russia's domestic political evolution will likely have a strong influence on its relations with its neighbors, with the EU and NATO, and with the United States. | |||
| RS22247 (PDF, TXT) | Bulgaria: Current Issues and U.S. Policy | Steven Woehrel, Foreign Affairs, Defense, and Trade Division | March 13, 2008 |
| This report provides information on Bulgaria's current political and economic situation, and foreign policy. It also discusses U.S. policy toward Bulgaria. | |||
| RL33500 (PDF, TXT) | OMB and Risk Assessment | Curtis W. Copeland, Government and Finance Division | March 14, 2008 |
| On January 9, 2006, the Office of Management and Budget (OMB) released a proposed bulletin on risk assessment for comment by the public and peer review by the National Academy of Sciences (NAS). Risk assessment is used by federal agencies to determine whether a potential hazard exists and/or the extent of possible risk to human health, safety, or the environment. In a regulatory context, risk assessment helps agencies identify issues of potential concern (e.g., whether exposure to a given risk agent causes effects such as cancer, reproductive and genetic abnormalities, or ecosystem damage), select regulatory options, and estimate a forthcoming regulation's benefits. | |||
| RL32542 (PDF, TXT) | The Condition of the Banking Industry | Walter W. Eubanks, Government and Finance Division | March 14, 2008 |
| After six years of continuous record-breaking profits, the effects of the deepening subprime mortgage foreclosures crisis have brought the record-breaking profit making streak to an abrupt end. On a year-over-year basis, net income of Federal Deposit Insurance Corporation (FDIC)-insured commercial and savings institutions declined by $40.2 billion (27.6%) between 2006 and year end 2007. Some fourth quarter data were worse than they were during the 2001 recession. For example, the fourth quarter net income of $5.8 billion was the lowest since 1991. In the 2001 recession, the return on assets (ROA) for the industry was 1.16%. By December 31, 2007, the ROA had fallen to 0.86%, 30 basis points below what it was during the 2001 recession. With expected significantly poorer earnings for 2008 and 2009 due mainly to subprime mortgage foreclosures, profitability for 2008 is expected to fall short of 2007. | |||
| RL30802 (PDF, TXT) | Reserve Component Personnel Issues: Questions and Answers | Lawrence Kapp, Foreign Affairs, Defense, and Trade Division | March 14, 2008 |
| This report provides insight to reserve component personnel issues through a series of questions and answers: how many people are in different categories of the reserve component (question 3); how reserve component personnel are organized (questions 2 and 4); how reserve component personnel have been and may be utilized (questions 1, 5, 6, 7, 9, and 11); how reserve component personnel are compensated (questions 8 and 10); the type of legal protections that reserve component personnel enjoy (question 12); recent changes in reserve component pay and benefits made by Congress (question 13); and reserve component personnel issues that might be of particular interest in the 110th Congress (question 14). | |||
| RL33869 (PDF, TXT) | Rescission Actions Since 1974: Review and Assessment of the Record | Virginia A. McMurtry, Government and Finance Division | March 14, 2008 |
| This report begins by reviewing the framework for handling rescissions established by the Impoundment Control Act of 1974 (ICA, 88 Stat. 332) and by amendments to it in 1987 (101 Stat. 786). A section with review and analysis of data on rescission requests and outcomes pursuant to the 1974 law follows, including comparisons among the respective Administrations. Attention then turns to actions which took place during the brief period that the Line Item Veto Act of 1996 (LIVA, P.L 104-130, 110 Stat. 1200) was in force. During his first six years as President, George W. Bush sent no formal ICA rescission requests to Congress, but some controversy developed over his use of "cancellation statements" proposing spending reductions. The final section of the report provides some concluding observations. | |||
| RS22833 (PDF, TXT) | The Law of Church and State: General Principles and Current Interpretations | Cynthia Brougher, American Law Division | March 14, 2008 |
| The First Amendment of the U.S. Constitution prohibits the government from establishing a religion and guarantees citizens the right to freely exercise their religion. The U.S. Supreme Court has clarified the scope of these broad guarantees. This report provides an overview of the governing principles of the law of church and state. It explains the legal requirements for challenges under the Establishment Clause and Free Exercise Clause and the standards used to evaluate such challenges. The report includes current interpretations of these clauses and summarizes related statutes (the Religious Freedom Restoration Act and Religious Land Use and Institutionalized Persons Act). | |||
| RL34255 (PDF, TXT) | Senate Policy on "Holds": Action in the 110th Congress | Walter Oleszek, Government and Finance Division | March 14, 2008 |
| When the Honest Leadership and Open Government Act (S. 1, 110th Congress) was signed into law on September 14, 2007, Section 512 of that statute specifically addressed the issue of secret "holds." Holds are a longstanding custom of the Senate that enabled Members to provide notice to their party leader of their intent to object on the floor to taking up or passing a measure or matter. Their potency as a blocking, delaying, or bargaining device is linked to Senators' ability to conduct filibusters or object to unanimous consent agreements or requests. The new holds process outlined in Section 512 is designed to constrain the frequency of anonymous holds and promote more openness and transparency with respect to their use. Ultimately, it is up to the majority leader of the Senate - who sets the chamber's agenda after consulting various people - to decide whether, or for how long, he will honor a colleague's hold. | |||
| RL32808 (PDF, TXT) | Overview of the Federal Tax System | Jane G. Gravelle and Donald J. Marples, Government and Finance Division | March 14, 2008 |
| The sources of federal tax revenue are individual income taxes; Social Security and other payroll taxes; corporate income taxes; excise taxes; and estate and gift taxes. This report describes the federal tax structure and provides some tax statistics. | |||
| RL33939 (PDF, TXT) | The Rise of Senate Unanimous Consent Agreements | Walter J. Oleszek, Government and Finance Division | March 14, 2008 |
| Unanimous consent agreements are fundamental to the operation of the Senate. The institution frequently dispenses with its formal rules and instead follows negotiated agreements submitted on the floor for lawmakers' unanimous approval. Once entered into, unanimous consent agreements can only be changed by unanimous consent. Their objectives are to waive Senate rules and to expedite floor action on measures or matters. Typically, these accords (sometimes called timelimitation agreements) restrict debate and structure chamber consideration of amendments. Given their importance to chamber operations, it is worthwhile to understand the background, or origin, of unanimous consent agreements. The purpose of this report is to examine how and why these informal agreements became special orders of the Senate enforceable by the presiding officer. | |||
| RL32603 (PDF, TXT) | The Flat Tax, Value-Added Tax, and National Retail Sales Tax: Overview of the Issues | Jane G. Gravelle, Government and Finance Division | March 14, 2008 |
| The current tax system, with its graduated tax on individual incomes, its separate tax on corporate profits, its gift and estate taxes on the transfer of wealth, and its separate wage tax to fund the Social Security and Medicare systems, has many critics. It is said to cost the country in lost time, economic efficiency, trade, and contentment. Reform proposals have proliferated, ranging from a broader-based, flatter-rate income tax to scrapping the system altogether in favor of a national sales tax or some other form of national consumption tax. This report surveys some of the issues to be considered in debating such drastic tax changes, considering not only a broader based income tax but also three basic forms of consumption taxes: the Hall-Rabushka "flat tax," the value-added tax (VAT), and the national retail sales tax. After a brief overview of some of the current proposals, the sections that follow discuss economic efficiency issues, foreign trade issues, effects on different economic sectors, short-run adjustment costs, compliance and administration, and revenue and distributional implications. | |||
| RL34414 (PDF, TXT) | Unaccompanied Refugee Minors | Chad C. Haddal, Domestic Social Policy Division | March 14, 2008 |
| In the 110th Congress, legislation has been reintroduced from previous terms that would address several of the issues and charges that advocates have raised regarding unaccompanied refugee children. In the Senate, Senator Diane Feinstein sponsored the Unaccompanied Alien Child Protection Act of 2007 (S. 844), which also became S.Amdt. 1146 to S. 1348 (the Comprehensive Immigration Reform Act of 2007); S.Amdt. 1146 passed the Senate by a voice vote in 2007. A bill entitled "A Place to Call Home Act" (H.R. 3409) includes URM provisions that are largely similar to those in S. 844. These bills would address the rights of URMs and would require numerous reports and consultations by the executive branch to Congress. | |||
| RL34223 (PDF, TXT) | The Law of Church and State: U.S. Supreme Court Decisions Since 2002 | Cynthia M. Brougher, American Law Division | March 14, 2008 |
| Since taking office in 2001, President George W. Bush has implemented the Faith-Based Initiative, which has brought several First Amendment issues to the Court. The Faith-Based Initiative, created and developed by Executive Orders, allows non-governmental community organizations, including religious groups, to compete for public funding of social services. The Charitable Choice legislation of the 1990s provides public funding to religious organizations with a social purpose. More recent legislation provides for a voucher program for private schools, including religious schools. Whether these provisions violate the Establishment Clause are core issues that the Court may face in coming terms as similar claims continue to work through the lower courts. Furthermore, the makeup of the Court has changed, with Chief Justice Roberts and Justice Alito replacing Chief Justice Rehnquist and Justice O'Connor. This may result in a shift in the Court's understanding of the religion clauses. | |||
| RL33170 (PDF, TXT) | Constitutionality of Applying the FCC's Indecency Restriction to Cable Television | Henry Cohen, American Law Division | March 17, 2008 |
| Various federal officials have spoken in favor of extending the Federal Communication Commission's indecency restriction, which currently applies to broadcast television and radio, to cable and satellite television. This report examines whether such an extension would violate the First Amendment's guarantee of freedom of speech. | |||
| RS22476 (PDF, TXT) | Standardizing State Health Insurance Regulation | Jean Hearne and Bernadette Fernandez, Domestic Social Policy Division | March 17, 2008 |
| H.R. 4460, the Health Care Choice Act, is intended to "harmonize" the state insurance laws that multi-state insurance carriers and other providers of individual health coverage would be subject to. By harmonizing insurance laws across state lines, the bill's supporters anticipate an increase in the number of health plan choices and a reduction of the cost of plans. Opponents raise concerns that the consequences of reducing states' regulatory authority over insurance products in each state could include a loss of important patient protections and complicate the enforcement of rules designed to protect consumer interests. | |||
| RS22835 (PDF, TXT) | The FY2009 Budget Request for the U.S. Department of Agriculture | Jim Monke, Resources, Science, and Industry Division | March 17, 2008 |
| The U.S. Department of Agriculture (USDA) requests $97 billion in budget authority for FY2009, including $76 billion in mandatory funds for food stamps, child nutrition, and farm subsidies. Discretionary budget authority would increase to $21 billion in the proposal, up 1.6% from FY2008. Food safety and animal health protection programs would increase, while several conservation, research, and rural development programs would be reduced or eliminated. | |||
| RS22836 (PDF, TXT) | Nicaragua: Political Situation and U.S. Relations | Clare Ribando Seelke, Foreign Affairs, Defense, and Trade Division | March 17, 2008 |
| The United States, though concerned about Ortega's ties to Venezuela and Iran and his authoritarian tendencies, has remained actively engaged with the Ortega Administration. The two countries are working together to implement the U.S.-Dominican Republic-Central America Free Trade Agreement (CAFTA-DR), control narcotics and crime, and promote economic development through the Millennium Challenge Account (MCA). Nicaragua is receiving some $28.6 million in U.S. assistance in FY2008 and could benefit from the proposed Mérida Initiative for Mexico and Central America. | |||
| RL34092 (PDF, TXT) | Commerce, Justice, Science, and Related Agencies: FY2008 Appropriations | Willian J. Krouse, Domestic Social Policy Division; Edward Vincent Murphy, Government and Finance Division; M. Angeles Villarreal, Foreign Affairs, Defense, and Trade Division | March 17, 2008 |
| 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. | |||
| RL33710 (PDF, TXT) | State Family and Medical Leave Laws | Jon O. Shimabukuro, American Law Division; Cassandra LaNel Foley and Tara Alexandra Rainson, Knowledge Services Group | March 17, 2008 |
| In 1993, Congress passed the Family and Medical Leave Act ("FMLA") to "balance the demands of the workplace with the needs of families." When the FMLA was enacted, it supplemented approximately 30 state statutes that provided some form of family and medical leave to employees who worked in those states. Although the FMLA and state family and medical leave laws are generally similar with regard to the availability of leave, they differ both in terms of coverage and scope. This report includes summaries of the family and medical leave laws of fortyfive states and the District of Columbia. Laws pertaining to family and medical leave and maternity leave were not found in the codes of all 50 states. Summaries of the relevant leave statutes and regulations are organized in alphabetical order. | |||
| 97-771 (PDF, TXT) | Security Classification Policy and Procedure: E.O. 12958, as Amended | Harold C. Relyea, Government Division | March 17, 2008 |
| After two years of preparation, E.O. 12958, prescribing security classification policy and procedure, was signed by President William Clinton in mid-April 1995. The order was prompted by changing security conditions in the aftermath of the end of the cold war and a desire for more economical and effective management of classified information. The directive was modified in late March 2003 by E.O. 13292, issued by President George W. Bush. Largely prescribed in a series of successive presidential executive orders issued over the past 50 years, security classification policy and procedure provide the rationale and arrangements for designating information officially secret for reasons of national security, and for its declassification as well. | |||
| RS20609 (PDF, TXT) | Economic Issues Surrounding the Estate and Gift Tax: A Brief Summary | Jane G. Gravelle, Government and Finance Division | March 18, 2008 |
| Supporters of the estate and gift tax argue that it provides progressivity in the federal tax system, provides a backstop to the individual income tax and appropriately targets assets that are bestowed on heirs rather than assets earned through their hard work and effort. However, progressivity can be obtained through the income tax and the estate and gift tax is an imperfect backstop to the income tax. Critics argue that the tax discourages savings, harms small businesses and farms, taxes resources already subject to income taxes, and adds to the complexity of the tax system. Critics also suggest death is an inappropriate time to impose a tax. However, the effect on savings is uncertain, most farms and small businesses do not pay the tax, and complexity could be reduced through reform of the tax. | |||
| RL31734 (PDF, TXT) | Federal Disaster Recovery Programs: Brief Summaries | Mary Jordan, Knowledge Services Group | March 18, 2008 |
| This report summarizes principal federal disaster assistance programs. A number of federal agencies provide assistance to victims; state, territorial, and local governments; and nongovernmental entities following a disaster. Among other forms of assistance, federal programs can provide grants, loans, loan guarantees, temporary housing, and counseling. | |||
| RS20921 (PDF, TXT) | Semi-postal Stamps: Authorization, Revenue, and Selection Process | Kevin R. Kosar, Government and Finance Division; Pamela A. Hairston, Knowledge Services Group | March 18, 2008 |
| In the 106th Congress, the Semipostal Authorization Act of 2000 extended the BCRS two years and authorized the U.S. Postal Service (USPS) to issue other semipostals until 2010. USPS issued regulations inviting public nominations for future semipostals, providing that each can be sold for two years but only one can be on sale at any given time. Subsequent Congresses have further extended the life of the BCRS. Most recently, the 110th Congress authorized its sale through December 31, 2011. The breast cancer stamp's success is no guarantee that other semipostals will be equally successful. The "Heroes of 2001" stamp did not sell especially well and was withdrawn from circulation. | |||
| RS21930 (PDF, TXT) | Ethanol Imports and the Caribbean Basin Initiative | Brent D. Yacobucci, Resources, Science, and Industry Division | March 18, 2008 |
| Fuel ethanol consumption has grown significantly in the past several years, and it will continue to grow with the establishment of a renewable fuel standard (RFS) in the Energy Policy Act of 2005 (P.L. 109-58) and the expansion of that RFS in the Energy Independence and Security Act of 2007 (P.L. 110-140). This standard requires U.S. transportation fuels to contain a minimum amount of renewable fuel, including ethanol. Most of the U.S. market is supplied by domestic refiners producing ethanol from American corn. However, imports play a small but growing role in the U.S. market. One reason for the relatively small role is a 2.5% ad valorem tariff and (more significantly) a 54-cent-per-gallon added duty on imported ethanol. These duties offset an economic incentive of 51 cents per gallon for the use of ethanol in gasoline. However, to promote development and stability in the Caribbean region and Central America, the Caribbean Basin Initiative (CBI) allows the imports of most products, including ethanol, duty-free. While many of these products are produced in CBI countries, ethanol entering the United States under the CBI is generally produced elsewhere and reprocessed in CBI countries for export to the United States. The U.S.- Central America Free Trade Agreement (CAFTA) would maintain this duty-free treatment and set specific allocations for imports from Costa Rica and El Salvador. Duty-free treatment of CBI ethanol has raised concerns, especially as the market for ethanol has the potential for dramatic expansion under P.L. 109-58 and P.L. 110-140. | |||
| 98-527 (PDF, TXT) | Federal Courthouse Construction | Stephanie Smith, Government and Finance Division | March 18, 2008 |
| The General Services Administration (GSA) is the primary federal real property agency, with responsibility for the design, construction, and maintenance of federal buildings and courthouses. The determination for new courthouse construction is based on a five-year assessment of anticipated space requirements compiled by the Administrative Office of the United States Courts (AOC), which is updated and approved each year by the Judicial Conference of the United States. GSA incorporates the ranking of proposed projects into its annual budget request for the authorization and funding of GSA courthouse construction. The President's FY2009 budget requests that $110.3 million remain available until expended for the construction of one new courthouse, and that $163.5 million remain available until expended for repairs to two existing courthouses. | |||
| RL30959 (PDF, TXT) | Presidential Appointee Positions Requiring Senate Confirmations and Committees Handling Nominations | Henry B. Hogue, Government and Finance Division; Maureen Bearden and Terrence L. Lisbeth, Knowledge Services Group | March 18, 2008 |
| This report lists presidential appointee positions requiring Senate confirmation and the committees in the Senate that handles the nominations. The positions are listed under each of the committees, by department and agency. Also included are the terms of office for those positions that have a fixed term of office, and, for collegial bodies, whether political party balance is required when filling the positions. | |||
| RL33899 (PDF, TXT) | Modifying the Alternative Minimum Tax (AMT): Revenue Costs and Potential Revenue Offsets | Jane G. Gravelle, Government and Finance Division | March 18, 2008 |
| This report first reviews the cost of modifying the AMT to reduce its coverage. It then discusses a range of potential revenue offsets for these modifications, including alterations to the AMT and to the regular income tax. These measures include higher rates under both the AMT and the regular income tax, a reduction of preferentially treated items under the regular income tax, and measures to reduce the tax gap. Many of the revenue offsets examined are designed so that the burden of paying for AMT modifications is borne by those taxpayers for whom the AMT was originally intended (i.e., taxpayers at the highest income levels). | |||
| RS22838 (PDF, TXT) | Disability Retirement for Federal Employees | Patrick Purcell, Domestic Social Policy Division | March 18, 2008 |
| Federal civilian employees earn 13 days of paid sick leave per year. Sick leave can be used because of the worker's own illness or injury or to care for an ill or injured family member. A worker's employing agency can advance up to 30 additional days of sick leave to an employee who has exhausted his or her accrued sick leave. A federal worker with a long-term disability can separate from service through a disability retirement. A federal employee who sustains a disabling injury on the job can receive benefits under the Federal Employees' Compensation Act (FECA). FECA benefits consist of cash compensation, payment of medical costs related to the injury, vocational rehabilitation assistance, the cost of attendant care services, and burial benefits. A disabled federal employee may not receive a disability retirement annuity and FECA benefits simultaneously. | |||
| RL33998 (PDF, TXT) | Financial Services and General Government (FSGG): FY2008 Appropriations | Garrett L. Hatch, Government and Finance Division | March 18, 2008 |
| This report is a guide to a new appropriations bill that Congress is considering for the first time this year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Financial Services and General Government. It summarizes the status of the bill, its scope, major issues, funding levels, and related congressional activity. | |||
| RL30600 (PDF, TXT) | Estate and Gift Taxes: Economic Issues | Jane G. Gravelle and Donald J. Marples, Government and Finance Division | March 19, 2008 |
| This report examines the estate and gift tax, focusing on the economic issues surrounding the tax such as effects on progressivity, saving, small business, and farms. A discussion of estate tax avoidance methods is included. An explanation of how the tax operates is included along with arguments for and against the tax. The report concludes with an inventory and discussion of alternative policy options. | |||
| 97-868 (PDF, TXT) | Internet Domain Names: Background and Policy Issues | Lennard G. Kruger, Resources, Science, and Industry Division | March 19, 2008 |
| To navigate the Internet requires using addresses (and corresponding names) that identify the location of individual computers. As the Internet grew, the method for allocating and designating those domain names became controversial. The Administration issued a White Paper in June 1998 endorsing the creation of a new notfor- profit corporation of private sector Internet stakeholders to administer policy for the Internet name and address system. On November 25, 1998, the Department of Commerce (DOC) formally approved a new corporation, called the Internet Corporation for Assigned Names and Numbers (ICANN). A Joint Project Agreement between ICANN and DOC extends through September 2009. The 110th Congress maintains oversight on how the Department of Commerce manages and oversees ICANN's activities and policies. | |||
| RS22019 (PDF, TXT) | IRAs and Other Savings Incentives: A Brief Overview | Jane G. Gravelle, Government and Finance Division | March 19, 2008 |
| Several types of savings are eligible for beneficial treatment under the individual income tax, and Individual Retirement Accounts (IRAs) have received considerable attention. Pension savings are actually more important in terms of revenue loss. There are other investments that are treated favorably as well. The President has proposed in a succession of budgets to significantly expand IRAs. Effects of these provisions on savings are uncertain, and, despite dollar limits on contributions and income phase outs, IRAs tend to benefit higher income individuals. | |||
| RL34418 (PDF, TXT) | Estate and Gift Tax Revenues: Past and Projected in 2008 | Nonna A. Noto, Government and Finance Division | March 19, 2008 |
| Data on both past revenues and revenue projections regarding the estate tax should be interpreted with awareness of the year-to-year changes in estate tax law from 1997 to 2011. The modest changes brought about by the Taxpayer Relief Act of 1997 (TRA, P.L. 105-34) were followed by big changes made by the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA, P.L. 107-16). Both laws provided for increases in the applicable exclusion amount, commonly called the estate tax exemption, as shown in the first column of Table 1. EGTRRA also gradually lowered the maximum marginal estate tax rate, from 55% (plus a 5% surtax in a certain range) in 2001, to 46% in 2006, and 45% in 2007-2009, as shown in the second column of Table 1. | |||
| RS22845 (PDF, TXT) | North Korea's Abduction of Japanese Citizens and the Six-Party Talks | Emma Chanlett-Avery, Foreign Affairs, Defense, and Trade Division | March 19, 2008 |
| The admission by North Korea in 2002 that it abducted several Japanese nationals - most of them nearly 30 years ago - continues to affect significantly the Six-Party Talks on North Korea's nuclear weapons program. This report provides background information on the abductee issue, summarizes its effect on Japanese politics, analyzes its impact on U.S.-Japan relations, and assesses its regional implications. Congress has indicated considerable interest in the abductions issue. The North Korean Human Rights Act (P.L. 108-333) includes a sense of the Congress that non-humanitarian aid be contingent on North Korean progress in accounting for the Japanese abductees. A House hearing in April 2006 focused on North Korea's abductions of foreign citizens, with testimony from former abductees and their relatives. Some Members of Congress have sponsored legislation (S.Res. 399 and H.R. 3650) that support Japan's call for settlement of the abductions controversy before North Korea is removed from the U.S. state sponsors of terrorism list. | |||
| RS22754 (PDF, TXT) | National Special Security Events | Shawn Reese, Government and Finance Division | March 19, 2008 |
| Major events that are considered to be nationally significant may be designated by the President - or his representative, the Secretary of the Department of Homeland Security (DHS) - as National Special Security Events (NSSE). Beginning in September 1998 through February 2008, there have been 28 events designated as NSSEs. Some of these events have included presidential inaugurations, presidential nominating conventions, major sports events, and major international meetings. The U.S. Secret Service (USSS) is the lead federal agency responsible for coordinating, planning, exercising, and implementing security for NSSEs, and was designated as the lead agency in P.L. 106-544. This report provides information on USSS legislative authority for NSSEs, NSSE designation funding and training, and NSSE funding. | |||
| RL33471 (PDF, TXT) | The Congressional Research Service and the American Legislative Process | Ida A. Brudnick, Government and Finance Division | March 19, 2008 |
| The Congressional Research Service offers research and analysis to Congress on all current and emerging issues of national policy. CRS analysts work exclusively for Congress, providing assistance in the form of reports, memoranda, customized briefings, seminars, videotaped presentations, information obtained from automated data bases, and consultations in person and by telephone. This work is governed by requirements for confidentiality, timeliness, accuracy, objectivity, balance, and nonpartisanship. | |||
| RL33931 (PDF, TXT) | The Corporation for National and Community Service: Overview of Programs and FY2009 Funding | Ann Lordeman, Domestic Social Policy Division; Abigail B. Rudman, Knowledge Services Group | March 19, 2008 |
| The Corporation for National and Community Service (CNCS) was established by the National and Community Service Trust Act of 1993 (P.L. 103-82). Operating as an independent federal agency, the CNCS oversees all national and community service programs authorized in two statutes: the National Community Service Act (NCSA) of 1990, as amended, and the Domestic Volunteer Service Act (DVSA) of 1973, as amended. Although authorized funding for CNCS programs expired at the end of FY1996, funding continues through annual appropriations. DVSA programs have been continually funded under the Labor, Health and Human Services, and Education, and Related Agencies (L-HHS-ED) Appropriations Act. Since FY2006, funding for NCSA programs have also been included in the L-HHS-ED appropriations. This report first provides a summary of each NCSA and DVSA program. Next, it compares funding under Labor-HHS-ED | |||
| RS22673 (PDF, TXT) | Chemical Regulation in the European Union: Registration, Evaluation, and Authorization of Chemicals | Linda-Jo Schierow, Environmental Policy, Resources, Science, and Industry | March 19, 2008 |
| On June 1, 2007, the European Union (EU) began to implement a new law, Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH), in EU commerce. It is intended to protect human health and the environment from hazardous chemicals while at the same time protecting the competitiveness of European industry. REACH evolved over eight years and reflects compromises reached among EU stakeholders. The final regulation reduces and coordinates EU regulatory requirements for chemicals new to the EU market and increases collection of such information for chemicals already in the EU market, thus potentially removing disincentives to innovation. It also shifts responsibility for safety assessments from government to industry and encourages substitution of less toxic for more toxic chemicals in various chemical applications. The Bush Administration expressed concerns about its trade implications for U.S.-produced chemicals. U.S. chemical industry representatives believe that REACH is "impractical." In contrast, some public-interest groups are urging U.S. legislators to adopt a similar legislative approach. | |||
| RL31989 (PDF, TXT) | Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate | Denis Steven Rutkus, Government and Finance Division | March 20, 2008 |
| The procedure for appointing a Justice is provided for by the Constitution in only a few words. The Appointments Clause (Article II, Section 2, clause 2) states that the President shall nominate, and by and with the Advice and Consent of the Senate, shall appointJudges of the supreme Court. The process has undergone changes over two centuries, but its most basic featurethe sharing of power between the President and Senatehas remained unchanged: To receive lifetime appointment by the Court, a candidate must first be nominated by the President and then confirmed by the Senate. Although not mentioned in the Constitution, an important role is played midway in the process (after the President selects, but before the Senate considers) by the Senate Judiciary Committee. | |||
| 98-151 (PDF, TXT) | House Committees: Categories and Rules for Committee Assignments | Judy Schneider, Government and Finance Division | March 20, 2008 |
| Both House and party rules detail procedures for committee assignments. House rules address the election and membership of committees, especially limitations on membership. The Democratic Caucus and Republican Conference rules designate categories of committees and specify service limitations in addition to those in the House rules. | |||
| 98-472 (PDF, TXT) | The Congressional Budget Process Timetable | Bill Heniff, Jr, Government and Finance Division | March 20, 2008 |
| The Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, 2 U.S.C. 601- 688) established the congressional budget process, which coordinates the legislative activities on the budget resolution, appropriations bills, reconciliation legislation, revenue measures, and other budgetary legislation. Section 300 of this act provides a timetable (see Table 1) intended to ensure that Congress completes its work on budgetary legislation by the start of the fiscal year on October 1. | |||
| RS20368 (PDF, TXT) | Overview of the Congressional Budget Process | Bill Heniff, Jr., Government and Finance Division | March 20, 2008 |
| The congressional budget process, in the broadest sense, consists of the consideration and adoption of spending, revenue, and debt-limit legislation within the framework of an annual concurrent resolution on the budget. | |||
| RL33704 (PDF, TXT) | Veterans Affairs: The Appeal Process for Veterans' Claims | Douglas Reid Weimer, American Law Division | March 20, 2008 |
| Congress, through the United States Department of Veterans Affairs (VA), provides a variety of benefits and services to veterans and to certain members of their families. These benefits range from health care and related services to burial benefits. The veteran's basic eligibility for these programs and services is usually determined by the local VA office. Veterans not satisfied with the VA's decision(s) may wish to have them reviewed and may appeal the decision(s). This report traces the various steps involved in the appeal process - starting with the original application for benefits and concluding with an appeal to the U.S. Supreme Court. A flow chart outlining all of the steps in the appeal process is provided. | |||
| RL31286 (PDF, TXT) | Debt-for-Nature Initiatives and the Tropical Forest Conservation Act: Status and Implementation | Pervaze A. Sheikh, Resources, Science and Industry Division | March 20, 2008 |
| Debt-for-nature transactions are generally viewed as a success by conservation organizations and debtor governments because of the funds generated for conservation efforts. The appeal of debt-for-nature transactions has been tempered in recent years, however, by higher debt prices on secondary markets and lower appropriations. As a result, fewer transactions have taken place. This report provides a description of debt-for-nature transactions and a summary of the Tropical Forest Conservation Act. | |||
| RS21442 (PDF, TXT) | Hydrogen and Fuel Cell Vehicle R&D: FreedomCAR and the President's Hydrogen Fuel Initiative | Brent D. Yacobucci, Resources, Science, and Industry Division | March 20, 2008 |
| FreedomCAR and the Hydrogen Fuel Initiative are two complementary government-industry research and development (R&D) policy initiatives that promote the development of hydrogen fuel and fuel cell vehicles. Coordinated by the Department of Energy (DOE), these initiatives aim to make mass-market fuel cell and hydrogen combustion vehicles available at an affordable cost within 10 to 15 years from the launch of the initiatives. However, questions have been raised about the design and goals of the initiatives. This report discusses the organization, funding, and goals of the FreedomCAR and Fuel partnerships, and issues for Congress. | |||
| 98-323 (PDF, TXT) | Wastewater Treatment: Overview and Background | Claudia Copeland, Resources, Science, and Industry Division | March 20, 2008 |
| The Clean Water Act prescribes performance levels to be attained by municipal sewage treatment plants in order to prevent the discharge of harmful wastes into surface waters. The act also provides financial assistance so that cities can construct treatment facilities in compliance with the law. The availability of funding for this purpose continues to be a major concern of cities and states. This report provides background on municipal wastewater treatment issues, federal treatment requirements and funding, and recent legislative activity. Meeting the nation's wastewater infrastructure needs efficiently and effectively is likely to remain an issue of considerable interest in the 110th Congress. | |||
| RL30862 (PDF, TXT) | Budget Reconciliation Procedures: The Senate's "Byrd Rule" | Robert Keith, Government and Finance Division | March 20, 2008 |
| This report recounts the legislative history of the Byrd rule, summarizes its current features, and describes its implementation from its inception through the present. | |||
| RL31882 (PDF, TXT) | Teacher Quality Enhancement Grants (Title II, Part A of the Higher Education Act): Overview and Reauthorization Issues | Jeffrey J. Kuenzi, Domestic Social Policy Division | March 21, 2008 |
| This report provides an overview of the current programs and provisions of HEA Title II, Part A, describes available information on their implementation, and identifies a number of the key issues that may be part of a debate over the reauthorization of this legislation. The report begins with a discussion of the broader context within which the reauthorization of HEA Title II, Part A might occur. | |||
| RS22844 (PDF, TXT) | Capital Punishment: Constitutionality for Non-Homicide Crimes Such as Child Rape | Alison M. Smith, American Law Division | March 21, 2008 |
| The United States has not executed any individual for committing a non-homicide crime since the United States reinstated the death penalty in 1976. However, this may change as several federal and state statutes authorize capital punishment for certain nonhomicide offenses such as treason, espionage, aircraft piracy, aggravated kidnapping, and drug trafficking in large quantities. More recently, some states have authorized the death penalty for some instances of child rape. The constitutionality of these statutes has been called into question in light of the U.S. Supreme Court's capital penalty jurisprudence. Earlier Supreme Court cases appear to stand for the proposition that the death penalty in the United States is largely restricted to crimes in which the defendant caused the death of another human being. During the present term, the Court may determine whether states may constitutionally impose the death penalty for any crime other than murder - in particular, whether a death sentence is a disproportionate penalty, under the Eighth Amendment, for raping a child. The Court will address these issues in its review of a Louisiana Supreme Court decision in Kennedy v. Louisiana. | |||
| RL34119 (PDF, TXT) | Impact Aid for Public K-12 Education: Reauthorization Under the Elementary and Secondary Education Act | Rebecca R. Skinner and Richard N. Apling, Domestic Social Policy Division | March 21, 2008 |
| This report provides a general overview of the Impact Aid program, details recent appropriations, and provides detailed information about several Impact Aid payments, including information on how Impact Aid basic support payments are made. | |||
| RL33774 (PDF, TXT) | Federal Buildings Funding Limitations and Their Implications | Stephanie Smith, Government and Finance Division | March 21, 2008 |
| Capital reinvestment is one of the largest challenges confronting GSA officials, who have described their buildings inventory as predominantly aging, with maintenance and repair needs that far exceed available Federal Building Fund (FBF) revenues. Legislation enacted in the 108th Congress authorized the GSA Administrator to convey real property by sale, lease, exchange, or buyback agreements, with net proceeds deposited into the FBF for future real property capital acquisitions and improvements. The FY2008 Consolidated Appropriations Act, signed into law on December 26, 2007, authorizes that an additional amount of $84 million be deposited in the Federal Buildings Fund. The President's FY2009 budget requests that $525 million be deposited in the FBF. | |||
| RL30834 (PDF, TXT) | K-12 Teacher Quality: Issues and Legislative Action | Jeffrey J. Kuenzi, Domestic Social Policy Division | March 21, 2008 |
| This report provides an overview of some of the most salient issues regarding the K-12 teaching force, describes the current federal role in this area, and tracks major legislative action by the Congress. | |||
| RL33963 (PDF, TXT) | High School Graduation, Completion, and Dropouts: Federal Policy, Programs, and Issues | Jeffrey J. Kuenzi, Domestic Social Policy Division | March 21, 2008 |
| This report discusses federal policy, programs, and issues related to high school graduation, completion, and dropouts. The discussion covers the provisions enacted in federal law that govern the definition, calculation, and reporting requirements of these critical high school outcomes. (Note: this report does not address the issue of academic achievement among high school graduates.) The report then looks at historical data as well as the most recent indicators of these outcomes. That analysis is followed by a description of the federal programs designed to help youth who have dropped out, or who are at risk of dropping out, in completing high school or an equivalency certificate program. Finally, the report discusses issues that may arise as Congress considers reauthorizing the laws that pertain to this topic. | |||
| RL33804 (PDF, TXT) | Rural Education and the Rural Education Achievement Program (REAP): Overview and Policy Issues | Jeffrey J. Kuenzi, Domestic Social Policy Division | March 21, 2008 |
| One way that Congress has aimed to aid rural schools is through the Rural Education Achievement Program (REAP), which provides funds to small, rural LEAs (an enrollment of less than 600) and relatively poor rural LEAs (a child poverty rate of at least 20%). Approximately 4,000 LEAs receive funds under the Small, Rural Schools Achievement program (SRSA), and an additional 1,200 LEAs receive Rural Low-Income School (RLIS) grants. | |||
| RL33434 (PDF, TXT) | Science, Technology, Engineering, and Mathematics (STEM) Education: Background, Federal Policy, and Legislative Action | Jeffrey J. Kuenzi, Domestic Social Policy Division | March 21, 2008 |
| STEM education (and competitiveness) issues have received a lot of attention in recent years. Several high-profile proposals were forwarded by the academic and business communities. In February of 2006, the President released the American Competitiveness Initiative. During the 109th Congress, three somewhat modest STEM education programs were passed and signed into law. Finally, in the spring and summer of 2007, some of the major STEM education legislative proposals were combined into the America Competes Act of 2007, passed by the 110th Congress and signed by the President on August 9, 2007. This report provides the background and context to understand these legislative developments. The report first presents data on the state of STEM education in the United States. It then examines the federal role in promoting STEM education. The report concludes with a discussion of the legislative actions recently taken to address federal STEM education policy. | |||
| RL33980 (PDF, TXT) | School and Campus Safety Programs and Requirements in the Elementary and Secondary Education Act and Higher Education Act | Rebecca R. Skinner and Gail McCallion, Domestic Social Policy Division | March 24, 2008 |
| Safeguarding the security of students as they pursue an education is a paramount concern of federal, state, and local governments, as well as the school districts, schools, and institutions that enroll these students. Both the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLBA; P.L. 107-110), and the Higher Education Act of 1965 (HEA) contain requirements regarding crime and student safety. The ESEA also includes specific programs that support efforts to prevent school violence. While the HEA does not authorize specific programs to address campus crime and security issues, Section 485(f) of Title IV of the HEA contains statutory requirements related to campus crime and security, known collectively as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). Institutions must comply with these requirements to participate in the federal student aid programs and other programs authorized by Title IV (e.g., Pell Grants). Unlike K-12 education, there are limited federal funds available through ED to support institutions of higher education in addressing campus crime and security issues. This report discusses these provisions and programs as they apply to elementary and secondary schools and institutions of higher education. It begins with a description of programs and requirements included in the ESEA, which is followed by a discussion of relevant requirements included in the HEA. | |||
| RL33070 (PDF, TXT) | Estate Taxes and Family Businesses: Economic Issues | Jane Gravelle and Steven Maguire, Government and Finance Division | March 24, 2008 |
| This report discusses the general issue of family-owned businesses, and then discusses the consequences of several options including making no revisions (and hence returning to pre-2001 law in 2011); making the repeal of the estate tax permanent; and, modifying exemptions while retaining an estate tax. This latter discussion considers expanding or altering the existing general or business exemptions, providing an exemption for all business assets (no dollar ceiling or other restrictions), or modifying the QFOBI-type exemption to eliminate a cliff effect that currently exists because only estates with half of the assets in a business were eligible for the special deduction. | |||
| RS22846 (PDF, TXT) | The Economic Substance Doctrine: Legal Analysis of Proposed Legislation | Carol A. Pettit, American Law Division | March 24, 2008 |
| The economic substance doctrine was judicially developed. A number of bills introduced in the 110th Congress would codify the definition of "economic substance," provide a strict liability penalty for underpayments resulting from disallowed transactions that lack economic substance, and prohibit deduction of interest on those underpayments. The proposals would not codify the doctrine, itself, nor provide standards for a court's determination that the doctrine was relevant to a particular case. Codification has been dubbed a "revenue raiser," though there is disagreement as to both the amount that would be raised and the way in which codification would increase revenue. | |||
| 98-826 (PDF, TXT) | Engrossment, Enrollment, and Presentation of Legislation | R. Eric Petersen, Government and Finance Division | March 24, 2008 |
| Engrossment, enrollment, and presentation of legislation are technical components of the legislative process. They attest to the accuracy of bill texts, confirm passage by the House and Senate, and confirm delivery of the bills to the President for his review. | |||
| RL33178 (PDF, TXT) | Japan's Currency Intervention: Policy Issues | Dick K. Nanto, Foreign Affairs, Defense, and Trade Division | March 25, 2008 |
| Japan's past intervention to slow the upward revaluation of the yen raised concerns in the United States and brought charges that Tokyo was manipulating its exchange rate in order to gain unfair advantage in world trade. This coincided with similar charges being made with respect to the currency of China. This report provides an overview and analysis of Japan's official intervention into currency markets, reviews various studies on the probable effect of that intervention, examines the charge that Japan has manipulated its exchange rate as defined by the International Monetary Fund (IMF), and reviews legislation and policy options. | |||
| RL33654 (PDF, TXT) | Aviation Spending Guarantee Mechanisms | Robert S. Kirk, Resources, Science, and Industry Division | March 25, 2008 |
| Aviation funding guarantees have received consideration during the FAA reauthorization debate of the 110th Congress. Options discussed during the debate have included retaining the current system, modifying the current guarantees, resurrecting a mechanism analogous to the cap and penalty provisions, reconsidering taking the trust fund "off-budget," or erecting budgetary "fire walls" as was done for the highway and transit programs in 1998. | |||
| RL33108 (PDF, TXT) | Aging Infrastructure: Dam Safety | Nic Lane, Resources, Science, and Industry Division | March 25, 2008 |
| Congressional interest in dam safety generally falls into three areas: (1) dam security and the potential for acts of terrorism at major U.S. dam sites; (2) prevention of potential dam failures due to structural deficiencies; and (3) recovery from dam failures. This report focuses on the second category, because it is a topic that will likely become more important as the nation's dams age; further, it has gained additional attention in the aftermath of Hurricane Katrina. | |||
| RS22802 (PDF, TXT) | Passports: Current Regulations | Susan B. Epstein, Foreign Affairs, Defense, and Trade Division | March 25, 2008 |
| After the January 2007 implementation of phase I of the new passport regulations (requiring passports when entering by air), the Department of State was deluged with passport applications. The time necessary to get a passport expanded from the typical four to six weeks to several months, ruining many Americans' travel plans. On January 31, 2008, another change occurred. Government-issued proof of identity and citizenship documents will be required to enter the United States from Canada, Mexico, Bermuda, and the Caribbean, according to the Department of Homeland Security. People under the age of 18, however, will be required to present only proof of citizenship, such as a birth certificate. Phase II is the requirement to have passports for land and sea crossings. It is scheduled to be implemented after June 2009. | |||
| RL34214 (PDF, TXT) | A Primer on the Higher Education Act (HEA) | Blake Alan Naughton, Domestic Social Policy Division | Updated March 25, 2008 |
| This report provides an overview of major provisions of the HEA. It is organized by title and part of the act. | |||
| RL31214 (PDF, TXT) | Saving for College Through Qualified Tuition (Section 529) Programs | Linda Levine, Domestic Social Policy Division | March 26, 2008 |
| As EGTRRA's modifications to Section 529 plans are now permanent, this report provides an overview of QTPs that cover its post-P.L. 107-16 provisions. It also addresses issues of recent concern associated with QTPs. The report discusses the interaction of Section 529 plans with other tax incentives for postsecondary education as well. The Appendix Tables A1 and A2 summarize Section 529 prepaid tuition and college savings plans by state, respectively, as of December 2003. | |||
| RL31491 (PDF, TXT) | Davis-Bacon Act Coverage and the State Revolving Fund Program Under the Clean Water Act | William G. Whittaker, Domestic Social Policy Division | March 26, 2008 |
| During recent years, Congress has increasingly considered funding mechanisms other than direct appropriations for public construction: e.g., joint federal and state revolving funds, loan guarantees, tax credits, etc. This report is a case study of the application of DBA requirements to one such mechanism, the CWA/SRFs. The question of DBA application to the SRFs continues in the 110th Congress. | |||
| RL33313 (PDF, TXT) | Congressional Membership and Appointment Authority to Advisory Commissions, Boards, and Groups | Matthew E. Glassman, Government and Finance Division | March 26, 2008 |
| This compilation attempts to identify all congressional commissions and similar bodies currently in existence. It includes any statutorily created entity (boards, advisory panels etc.) whose membership scheme mandates the participation of Members of Congress either as potential members, or as participants in the process of designating the membership. | |||
| RL32544 (PDF, TXT) | High Altitude Electromagnetic Pulse (HEMP) and High Power Microwave (HPM) Devices: Threat Assessments | Clay Wilson, Foreign Affairs, Defense, and Trade Division | March 26, 2008 |
| Electromagnetic Pulse (EMP) is an intense energy field that can instantly overload or disrupt numerous electrical circuits at a distance. Modern high technology microcircuits are especially sensitive to power surges, and the possible vulnerability of U.S. civilian computer systems to the effects of EMP has been discussed in the media. EMP can be produced on a large scale using a single nuclear explosion, and on a smaller, non-nuclear scale using a device with batteries or chemical explosives. Several nations, including reported sponsors of terrorism, may currently have a capability to use EMP as a weapon for cyber warfare or cyber terrorism, to disrupt computers, communications systems, or parts of the U.S. critical infrastructure. Policy issues raised by this threat include (1) what is the United States doing to protect civilian critical infrastructure systems against the threat of EMP, (2) does the level of vulnerability of U.S. civilian and military electronics to large-scale EMP attack encourage other nations to develop or acquire nuclear weapons, and (3) how likely are terrorist organizations to launch a smaller-scale EMP attack against the United States? | |||
| RL34098 (PDF, TXT) | Public Health Service (PHS) Agencies: Background and Funding | Pamela Smith, Judith A. Johnson, Sarah A. Lister, Donna V. Porter, Bernice Reyes-Akinbileje, Andrew R. Sommers, Ramya Sundararaman, Susan Thaul, and Roger Walke, Domestic Social Policy Division | March 26, 2008 |
| Funding for the PHS agencies is provided through three different appropriations acts. Total discretionary appropriations to these agencies for FY2008 totaled $50.6 billion. For each of the PHS agencies, this report describes the mission, organization, key programs, history, and legislative authorities, and provides budget tables for FY2007 through the FY2009 request. | |||
| RS22799 (PDF, TXT) | The Recovery Rebates and Economic Stimulus for the American People Act of 2008 and Jumbo Mortgages | N. Eric Weiss, Government and Finance Division | March 26, 2008 |
| H.R. 5140, the Recovery Rebates and Economic Stimulus for the American People Act of 2008,1 would temporarily increase the maximum size of loans that Fannie Mae and Freddie Mac can purchase, and that the Federal Housing Administration (FHA) can insure. These new maximums would vary depending on area housing prices, but would be $729,750 or less. The likely result of these provisions would be to reduce interest rate and mortgage payments on mortgages above the current $417,000 limit. For example, the monthly principal and interest payments on a 30-year fixed-rate mortgage for $600,000 are likely to fall from $3,824 to $3,377, saving $447 per month. Monthly tax and insurance payments would be additional. A mortgage of this size would require an annual income of more than $140,000. This could stimulate the demand for housing costing $429,900 to $768,000. Fannie Mae and Freddie Mac probably would conduct cost-benefit and risk analyses of making these loans. The Department of Housing and Urban Development (HUD) could insist on reviewing these new products. Regardless of its decision on reviewing the programs, HUD would be required to calculate and publish the new loan limits. A possible result of these procedures would be to slow Fannie Mae's, Freddie Mac's, and FHA's implementation of the programs. | |||
| RL30650 (PDF, TXT) | The Senate Select Committee on Ethics: A Brief History of Its Evolution and Jurisdiction | Mildred Amer, Government and Finance Division | March 26, 2008 |
| This report provides a history of the creation, evolution, membership, and activities of the Senate Select Committee on Ethics. | |||
| RL32769 (PDF, TXT) | Military Death Benefits: Status and Proposals | David F. Burrelli and Jennifer R. Corwell, Foreign Affairs, Defense, and Trade Division | March 26, 2008 |
| This report describes the various death benefits from the Department of Defense, Department of Veterans Affairs (VA), and Social Security available to certain survivors of members of the Armed Forces who die on active duty. (This report does not consider benefits available to civilian employees of the Department of Defense.) Benefits are listed, along with their purpose, how they are calculated, and where appropriate, recent changes. Finally, two hypothetical examples for determining a level of death benefits; a Government Accountability Office (GAO) summary comparing military and other death related benefits; and, congressional language from the Fiscal Year (FY) 2005 National Defense Authorization Act are presented in the Appendices. | |||
| RL33620 (PDF, TXT) | Mercosur: Evolution and Implications for U.S. Trade Policy | J.F. Hornbeck, Foreign Affairs, Defense, and Trade Division | March 26, 2008 |
| On March 26, 1991, Brazil, Argentina, Uruguay, and Paraguay signed the Treaty of Asunción, establishing the Common Market of the South (Mercado Común del Sur - Mercosur) with the intention of strengthening sub-regional development and cooperation through economic integration. Since then, Mercosur has struggled to achieve deep economic integration, but has maintained a cooperative economic and political framework, which has also become an influential voice in determining the fate of the hemisphere's regional integration initiatives. In particular, the U.S. vision for hemispheric integration, the Free Trade Area of the Americas (FTAA), has stalled largely because of opposition from within Mercosur. Venezuela's July 2006 signing of an accession agreement only reinforces Mercosur as the undisputed economic counterweight to the United States in the region and raises further doubts over the prospects for a hemispheric-wide trade agreement. This report examines the evolution of Mercosur as it relates to U.S. trade policy in Latin America. It will be updated periodically. | |||
| RL30638 (PDF, TXT) | Tax-Exempt Bonds: A Description of State and Local Government Debt | Steven Maguire, Government and Finance Division | March 26, 2008 |
| This report provides information about state and local government debt. State and local governments often issue debt instruments in exchange for the use of individuals' and businesses' savings. This debt obligates state and local governments to make interest payments for the use of these savings and to repay, at some time in the future, the amount borrowed. State and local governments finance capital facilities with debt rather than out of current tax revenue in order to match the time pattern of benefits from these capital facilities with the time pattern of tax payments. | |||
| 31657 (PDF, TXT) | Nonproliferation and Threat Reduction Assistance: U.S. Programs in the Former Soviet Union | Amy F. Woolf | March 26, 2008 |
| Congress passed the Nunn-Lugar amendment, authorizing U.S. threat reduction assistance to the former Soviet Union, in November 1991, after a failed coup in Moscow and the disintegration of the Soviet Union raised concerns about the safety and security of Soviet nuclear weapons. The annual program has grown from $400 million in the DOD budget around $1.1 billion across three agencies -- DOD, DOE, and the State Department. It has also evolved from an emergency response to impending chaos in the Soviet Union, to a more comprehensive threat reduction and nonproliferation effort, to a broader program seeking to keep nuclear, chemical, and biological weapons from leaking out of the former Soviet Union and into the hands of rogue nations or terrorist groups. The Department of Defense manages the Cooperative Threat Reduction (CTR) Program, which provides Russia, Ukraine, Belarus, and Kazakhstan with assistance in transporting, storing, and dismantling nuclear, chemical, and biological weapons. U.S. assistance has helped these nations eliminate the delivery systems for nuclear weapons under the START I Treaty, secure weapons storage areas, construct a storage facility for nuclear materials removed from weapons, construct a destruction facility for chemical weapons, and secure biological weapons materials. The State Department manages the International Science and Technology Centers in Moscow and Kiev. These centers provide research grants to scientists and engineers so that they will not sell their knowledge to other nations or terrorist groups. The State Department has also provided assistance with export and border control programs in the former Soviet states. The Department of Energy manages programs that seek to improve the security of nuclear materials at civilian, naval, and nuclear weapons complex facilities. This report complements CRS Report 97-1027, Nunn-Lugar Cooperative Threat Reduction Programs: Issues for Congress, by Amy F. Woolf, and CRS Report RL31368, Preventing Proliferation of Biological Weapons: U.S. Assistance to the Former Soviet States, by Michelle Stem Cook and Amy F. Woolf. It will be updated as needed. | |||