CRS Reports

Sex Discrimination and the United States Supreme Court: Developments in the Law

Oct 31, 2008

Legislative Branch: FY2009 Appropriations

Oct 31, 2008

House Committee Chairs: Considerations, Decisions, and Actions In a New Congress

Oct 30, 2008

Presidential Transition Act: Provisions and Funding

The Presidential Transition Act of 1963 (PTA), as amended, authorizes funding for the General Services Administration (GSA) to provide suitable office space, staff compensation, and other services associated with the presidential transition process. The President's FY2009 budget proposal included $8.52 million in funding for the 2008-2009 presidential transition. This report outlines facets of the PTA, as well as the details of the FY2009 budget appropriations for the 2008-2009 presidential transition.

Oct 30, 2008

The Controlled Substances Act: Regulatory Requirements

Oct 28, 2008

ATPA Renewal: Background and Issues

The Andean Trade Preference Act (ATPA) extends special duty treatment to certain U.S. imports from Bolivia, Colombia, Ecuador, and Peru that meet domestic content and other requirements. The purpose of ATPA is to promote economic growth in the Andean region and to encourage a shift away from dependence on illegal drugs by supporting legitimate economic activities. This report outlines the various aspects of the ATPA, including significant dates and modifications.

Oct 27, 2008

Presidential Transitions: Issues Involving Outgoing and Incoming Administrations

This report discusses the issues involving transfer of power from one administration to the other. The smooth and orderly transfer of power can be a notable feature of presidential transitions, and a testament to the legitimacy and durability of the electoral and democratic processes.

Oct 23, 2008

Elementary and Secondary Education Act: An Analytical Review of the Allocation Formulas

Oct 23, 2008

Transatlantic Regulatory Cooperation: Background and Analysis

This report is intended to serve as an introduction and primer on a complicated, broad, and often highly technical set of issues. It is presented in seven parts: the first section describes the nature and scope of U.S.-EU regulatory barriers; the second section explains the rationale for regulatory cooperation; the third section highlights the differences in U.S.-EU regulatory approaches; the fourth section examines the various forms of regulatory cooperation; the fifth section evaluates the results of past initiatives at regulatory cooperation; the sixth section analyses the creation and operation of the Transatlantic Economic Council; and the last section highlights the role of Congress in transatlantic regulatory cooperation.

Oct 22, 2008

"Political" Activities of Private Recipients of Federal Grants or Contracts

This report discusses the permissible "political activities" in which organizations, associations, or businesses may engage if such entities receive federal funds through a grant or a federal contract.

Oct 21, 2008

U.S. Foreign Aid to the Palestinians

U.S. aid to the Palestinians has fluctuated considerably over the past three years, largely due to Hamas's changing role within the Palestinian Authority (PA). Since Hamas's forcible takeover of the Gaza Strip in June 2007, the U.S. has dramatically boosted aid levels to bolster the PA and President Mahmoud Abbas vis-à-vis Hamas. Because of congressional concerns that, among other things, U.S. funds might be diverted to Palestinian terrorist groups, much of this assistance is subject to legislative restrictions. Experts advise that PA stability hinges on, now more than ever, improved security, economic development, Israeli cooperation, and the continuation of high levels of foreign assistance.

Oct 8, 2008

The History and Effect of Abortion Conscience Clause Laws

Oct 8, 2008

FHA-Insured Home Loans: An Overview

Oct 7, 2008

Interim Continuing Resolutions (CRs): Potential Impacts on Agency Operations

Oct 6, 2008

The 2008 Farm Bill: Major Provisions and Legislative Action

The report discusses the 2008 farm bill (H.R. 2419), covering a wide range of programs including The Food, Conservation, and Energy Act of 2008, farm credit, agricultural conservation, research, rural development, and foreign and domestic food programs, among others.

Oct 3, 2008

Farm Commodity Programs in the 2008 Farm Bill

Farm commodity price and income support provisions in the Food, Conservation, and Energy Act of 2008 (P.L. 110-246, the 2008 farm bill) include three primary types of payments: Direct payments unrelated to production or prices; Counter-cyclical payments for a commodity that are triggered when (a) prices are below statutorily-determined target prices, or (b) revenue falls below a historical guaranteed level; and Marketing assistance loans that offer interim financing and, if prices fall below loan prices set in statute, additional income support. The farm commodity programs are the most visible part of the farm bill. In recent years, five crops (corn, wheat, cotton, rice, and soybeans) account for over 90% of government commodity payments to farmers. The 2008 farm bill generally continues the farm commodity price and income support framework of the 2002 farm bill, with modifications. It continues the direct payment, counter-cyclical payment, and marketing loan programs for the 2008-2012 crop years, but adjusts target prices and loan rates for some commodities. The law also creates a pilot revenue-based counter-cyclical program (“ACRE”) beginning with the 2009 crop year. The new law also has a pilot program for planting flexibility, new restrictions on base acres developed for residential use, and elimination of benefits to farms with fewer than 10 acres of program crops. For the 2008 crop year, the programs are essentially unchanged from the 2002 farm bill. Payment limits both determine eligibility and set a maximum amount of commodity payments per person. The 2008 farm bill revises payment limitations for the commodity programs by tightening some limits and relaxing others. Limits are tightened by (1) reducing the adjusted gross income (AGI) limit to $500,000 of non-farm AGI and $750,000 of farm AGI, (2) eliminating the “three-entity rule,” which allowed individuals to double their payments by having multiple ownership interests (doubling by having a spouse continues), and (3) requiring “direct attribution” of payments to a living person. Limits are relaxed by eliminating any limit on the marketing loan program. The new rules do not take effect until the 2009 crop year. Implementation has been problematic in two ways. First, the Administration did not allow farmers to combine land before enforcing the 10-acre restriction, an allowance Congress mentioned only in report language. Consequently, Congress passed H.R. 6849 to suspend enforcement of the 10-acre provision for one year and offset the cost with reductions in computer technology outlays and changes to the new permanent disaster program. The bill awaits the President’s signature. The second implementation issue is that USDA is considering using prices from crop years 2006 and 2007 for setting the 2009 ACRE revenue guarantee, rather than the immediate past two years of 2007 and 2008, as Congress intended. The regulations, however, have not yet been released.

Sep 30, 2008

Shutdown of the Federal Government: Causes, Processes, and Effects

Sep 23, 2008

Infringement of Intellectual Property Rights and State Sovereign Immunity

This report discusses the Eleventh Amendment and the concept of state sovereign immunity. Although the amendment appears to be focused on preventing suits against a state by non-residents in federal courts, the U.S. Supreme Court has expanded the concept of state sovereign immunity to reach much further than the literal text of the amendment, to include immunity from suits by the states' own citizens and immunity from suits under federal law within a state's own court system.

Sep 17, 2008

Regulation of Real Estate Appraisers and the “Cuomo Agreements”

Sep 17, 2008

Auction-Rate Securities

This report discusses auction-rate securities (ARSs), which most are long-term bonds, although some ARS are structured as preferred shares and so have no maturities.

Sep 17, 2008

Proxy Voting and Polling in Senate Committee

Sep 16, 2008

Public Financing of Presidential Campaigns: Overview and Analysis

Sep 16, 2008

Country-of-Origin Labeling for Foods

This report discusses the 2002 farm bill (P.L. 107-171) as amended by the 2008 farm bill (P.L. 110-246), which states that many U.S. retailers must begin providing country-of-origin labeling (COOL) for fresh produce, red meats, peanuts, chicken, ginseng, pecans, and macadamia nuts.

Sep 16, 2008

The Low-Income Housing Tax Credit Program: The Fixed Subsidy and Variable Rate

Sep 16, 2008

International Criminal Court Cases in Africa: Status and Policy Issues

This report provides background on current International Criminal Court (ICC) cases and examines issues raised by the ICC's actions in Africa, including the potential deterrence of future abuses and the potential impact on African peace processes.

Sep 12, 2008

The First-Time Homebuyer Tax Credit

This report discusses a refundable tax credit for first-time homebuyers. First-time homebuyers generally include individuals who have not had a present interest in a principal residence within three years before buying the new property.

Sep 12, 2008

Air Pollution from Ships: MARPOL Annex VI and Other Control Options

This report provides information regarding pollution from ships and port facilities; discusses some of the measures being implemented and considered by local, state, and federal regulatory agencies; discusses the efforts to ratify and to strengthen Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL); and describes legislation Congress is considering to control emissions from ships by amending the Clean Air Act (CAA).

Sep 9, 2008

The Higher Education Opportunity Act: Reauthorization of the Higher Education Act

The Higher Education Act of 1965 (HEA; P.L. 89-329), as amended, authorizes a broad array of federal student aid programs that assist students and their families with paying for or financing the costs of obtaining a postsecondary education. The HEA also authorizes a series of programs that provide federal aid and support to institutions of higher education. HEA programs are administered by the U.S. Department of Education (ED). In the 110th Congress, the Higher Education Opportunity Act (HEOA; P.L. 110-315) was enacted to amend, extend, and establish new programs under the Higher Education Act of 1965 (HEA). In most cases, funding authorization for programs extended or newly established under the HEOA is provided through FY2014. The HEOA also makes amendments to a number of other laws. Prior to the enactment of the HEOA, the last comprehensive reauthorization of the HEA occurred in 1998, under the Higher Education Amendments of 1998 (P.L. 105-244), which authorized funding for most HEA programs through FY2003. Reauthorization of the HEA was considered during the 108th, 109th, and 110th Congresses. While reauthorization of the HEA was being considered, funding authorization for HEA programs had been extended under the General Education Provisions Act (GEPA) and a series of Higher Education Extension Acts. Separate from bills to reauthorize the HEA, significant changes to several HEA programs were made under the Higher Education Reconciliation Act of 2005 (HERA; P.L. 109-171), the College Cost Reduction and Access Act (CCRAA; P.L. 110-84), and the Ensuring Continuing Access to Student Loans Act of 2008 (ECASLA; P.L. 110-227). In the first session of 110th Congress, the Senate passed S. 1642, the Higher Education Amendments of 2007 (S.Rept. 110-231), to reauthorize the HEA. In the second session, the House passed H.R. 4137, the College Opportunity and Affordability Act of 2008 (H.Rept. 110-500). Many of the provisions contained in either or both the Senate- and House-passed bills were agreed to by House and Senate conferees in the conference report to H.R. 4137 (H.Rept. 110-803). The House and the Senate passed H.R. 4137, the Higher Education Opportunity Act, on July 31, 2008. The President signed it into law as P.L. 110-315, on August 14, 2008. This report begins with a brief overview of the HEA, its organization into various titles, and the major programs and program requirements specified under each title. It then identifies and describes selected amendments made to the HEA and other laws by the HEOA. This report will be updated as warranted.

Sep 8, 2008

The Siting of Wireless Communications Facilities: An Overview of Federal, State, and Local Law

The siting of wireless communications facilities has been a topic of controversy in communities all over the United States. The Telecommunications Act of 1996 governs federal, state, and local regulation of the siting of communications towers by placing certain limitations on local zoning authority without totally preempting state and local law. This report provides an overview of the federal, state, and local laws governing the siting of wireless communications facilities.

Sep 4, 2008

Runaway and Homeless Youth: Reauthorization Legislation and Issues in the 110th Congress

Sep 3, 2008

Congressional Review Act: Disapproval of Rules in a Subsequent Session of Congress

The Congressional Review Act (“CRA,” 5 U.S.C. §§801-808) established a special set of expedited or “fast track” legislative procedures, primarily in the Senate, through which Congress may enact joint resolutions disapproving agencies’ final rules. Members of Congress have 60 “days of continuous session” to introduce a resolution of disapproval after a rule has been submitted to Congress or published in the Federal Register, and the Senate has 60 “session days” to use CRA expedited procedures. Although the CRA was considered a reassertion of congressional authority over rulemaking agencies, only one rule has been disapproved using its procedures, and that reversal was the result of a specific set of circumstances created by a transition in party control of the presidency. The CRA also indicates that if a rule is submitted to Congress less than 60 session days in the Senate or 60 legislative days in the House of Representatives before Congress adjourns a session sine die, then the rule is carried over to the next session of Congress and treated as if it had been submitted to Congress or published in the Federal Register on the 15th legislative day (House) or session day (Senate). This restart of the CRA process in a new session of Congress occurs even if no joint resolution of disapproval had been introduced regarding the rule during the preceding session of Congress. A review of the House and Senate calendars from the first session of the 100th Congress to the first session of the 110th Congress indicates that the date triggering the carryover provisions of the CRA (i.e., the date after which less than 60 legislative or session days remained in a session) has usually been determined by the House of Representatives, and that the date was almost always earlier in second sessions of Congress (during which congressional elections are held) than in first sessions. The median date after which the “carryover periods” began for all sessions during this period was June 25, and the median for all second sessions was June 9. Since the CRA was enacted in March 1996, the median starting point for these carryover periods during second sessions of Congress has been somewhat earlier—June 7. At the conclusion of most recent presidential administrations, the volume of agency rulemaking has increased noticeably. In May 2008, the White House Chief of Staff generally required federal agencies to finalize all regulations to be issued during the Bush Administration by November 1, 2008. According to press accounts and other sources, federal agencies are planning to issue a number of significant final rules by the end of 2008. If any of these “midnight rules” are submitted within the “carryover period” of the second session of the 110th Congress, then they will be subject to the carryover provisions of the CRA. This report will be updated to reflect changes in factual material or other developments.

Sep 3, 2008

Entitlements and Appropriated Entitlements in the Federal Budget Process

Entitlements are programs that require payments to persons, state or local governments, or other entities if specific eligibility criteria established in the authorizing law are met. Entitlement payments are legal obligations of the federal government, and eligible beneficiaries may have legal recourse if full payment under the law is not provided. This report provides a brief explanation of spending for entitlements, including so-called appropriated entitlements, and discusses the congressional procedural constraints on legislation affecting such entitlement spending.

Sep 2, 2008

Section 202 and Other HUD Rental Housing Programs for Low-Income Elderly Residents

Sep 2, 2008

Joint Light Tactical Vehicle (JLTV): Background and Issues for Congress

The Joint Light Tactical Vehicle (JLTV) is currently being developed by the Army and the Marine Corps as a successor to the 11 different versions of the High Mobility, Multi-Wheeled Vehicle (HMMWV) that have been in service since 1985. There are concerns about the affordability of JLTVs and its redundancy with other tactical wheeled vehicles.

Aug 28, 2008

Poverty in the United States: 2007

Aug 27, 2008

The Department of Defense Role in Foreign Assistance: Background, Major Issues, and Options for Congress

This report provides background information on and discusses issues related to the DOD's role in providing U.S. foreign assistance and undertaking foreign assistance-type activities. Topics include the types of assistance DOD provides, the authorities under which DOD conducts its programs, and coordination and cooperation mechanisms between DOD and other agencies. The report begins with a brief introduction to the three areas in which DOD plays a role in foreign assistance and to Congress's part in authorizing that role. Next, the report briefly discusses the general evolution of DOD's role and the Department of State's current perception of that role based on current national security needs. The report then provides an overview of the evolution of the DOD role and current activities in the three areas cited above, with a snapshot of the varying perspectives on the DOD roles in these areas. Finally, the report discusses issues that Congress may wish to consider. The appendices provide more detailed information on the current and most significant foreign assistance programs in which DOD plays a role.

Aug 25, 2008

Text and Multimedia Messaging: Emerging Issues for Congress

This report covers issues for Congress regarding text and multimedia messaging. The increasing use of text and multimedia messaging has raised several policy issue, such as distracted driving, SMS spam, the inability of consumers to disable text messaging, text messaging price fixing, carrier blocking of common short code messages, deceptive and misleading common short code programs, protecting children from inappropriate content on wireless devices.

Aug 22, 2008

Federal Funding of Presidential Nominating Conventions: Overview and Policy Options

This report provides an overview and analysis of two recurring questions surrounding the federal government's role in financing presidential nominating conventions. First, how much public funding supports presidential nominating conventions? Second, what options exist for changing that amount if Congress chooses to do so? Both issues have generated controversy in the past and continue to be the subject of debate.

Aug 22, 2008

Former Presidents: Pensions, Office Allowances, and Other Federal Benefits

This report describes the benefits Presidents receive upon leaving office, details the history of the Former Presidents Act (FPA), and analyzes some legislative options for the 110th Congress related to former Presidents.

Aug 22, 2008

Veterans' Benefits: The Vocational Rehabilitation and Employment Program

This report describes Vocational Rehabilitation & Employment Service (VR&E) program services available to veterans with service-connected disabilities and to their families. It provides a brief history of the program as well as information about eligibility and entitlement, the application process, and resources available through other agencies.

Aug 21, 2008

Veterans' Benefits: An Overview of Benefits for Disabled Veterans

This report provides an overview of health care services and disability compensation benefits available to Vietnam veterans, children of Vietnam-era veterans, and non-Vietnam veterans exposed to herbicides.

Aug 21, 2008

The Foreign Tax Credit's Interest Allocation Rules

This report discusses the foreign tax credit's interest allocation rules, which alleviate the double-taxation that would result if U.S. investors' overseas income were to be taxed by both the United States and a foreign country.

Aug 20, 2008

Housing and Economic Recovery Act of 2008

This report discusses the Housing and Economic Recovery Act of 2008, P.L. 110-289, which changes many laws affecting both the housing and mortgage markets. It also surveys the most important changes caused by the act.

Aug 19, 2008

Use of the Capitol Rotunda and Capitol Grounds: Concurrent Resolutions, 101st to 110th Congress

Aug 14, 2008

Nuclear Cooperation with Other Countries: A Primer

In order for the United States to engage in civilian nuclear cooperation with other states, it must conclude a framework agreement that meets specific requirements under section 123 of the Atomic Energy Act (AEA). The AEA also provides for exemptions to these requirements, export control licensing procedures, and criteria for terminating cooperation. Congressional review is required for section 123 agreements; the AEA establishes special "fast track" parliamentary procedures by which Congress may act on a proposed agreement.

Aug 12, 2008

Whither the Role of Conference Committees: An Analysis

Conference committees have long been known as the “third house of Congress.” They are often the principal forum for resolving bicameral differences on major measures when the House and Senate pass dissimilar versions of the same bills. Current developments suggest, however, that the “third house” characterization might require modification. It is not that conference committees are unimportant, it is that another method for adjusting and reconciling bicameral differences on significant legislation has taken on greater prominence in the contemporary Congress. This method is the exchange of amendments between the houses—the so-called “ping pong” method. If the conference committee is being somewhat eclipsed by the ping pong procedure as a way to achieve bicameral reconciliation on consequential measures, that would represent an important institutional development. This apparent development requires attention and analysis. Accordingly, this report’s purposes are fundamentally twofold: to examine the reasons for the heightened salience of the ping pong approach and to consider several implications that seem to flow from using this procedure rather than convening conferences to resolve inter-chamber disagreements on major legislation. To fulfill these two purposes, the report will examine six issues. First, it will provide an overview of the methods Congress employs to achieve bicameral agreement on legislation. Second, it will briefly discuss how each chamber gets to conference, underscoring how the convening of conferences in the Senate can be effectively blocked, even if a majority of Senators would agree to send the measure to conference. Third, it will examine several factors that have apparently contributed to the more conspicuous use of the ping pong method on significant measures. Fourth, procedures are usually not isolated actions; they are employed in a policy, political, and legislative context. Hence, the report will use three case examples to illustrate in a concrete setting the factors that might trigger use of ping ponging over the convening of conference committees. Fifth, the report will discuss several reasons for, and implications of, ping ponging amendments back-and-forth between the chambers instead of forming conference committees to achieve bicameral agreement on legislation. Lastly, summary observations will be presented, including why the exchange of amendment pattern has seemingly evolved to become a more important feature of bicameral lawmaking activity. This report will be updated if circumstances warrant such action.

Aug 12, 2008

U.S. National Science Foundation: Experimental Program to Stimulate Competitive Research (EPSCoR)

This report discusses current policy involving The Experimental Program to Stimulate Competitive Research (EPSCoR), as well as budget requests.

Aug 7, 2008

Nanotechnology and Environmental, Health, and Safety: Issues for Consideration

This report identifies the potential environmental, health, and safety opportunities and challenges of nanotechnology; explains the importance of addressing nanotechnology environmental, health, and safety (EHS) concerns; identifies and discusses nanotechnology EHS issues; and summarizes options for Congressional action, including the nanotechnology EHS-related provisions of selected legislation. The report also includes two appendices.

Aug 6, 2008

Tax Issues Relating to Charitable Contributions and Organizations

This report focuses on deductions for charitable contributions, and on institutions that are generally eligible for deductible charitable contributions, such as social welfare organizations, educational institutions, nonprofit hospitals, and churches, along with conduits to those institutions such as private foundations, donor-advised funds, and supporting organizations.

Aug 5, 2008

Animal Drug User Fee Programs

The Animal Drug User Fee Act of 2003 (ADUFA I, P.L. 108-130) gave the Food and Drug Administration (FDA) initial authority to collect user fees from sponsors for the review of animal drug applications. ADUFA mirrors fee programs for human drugs and medical devices. Program authority sunsets October 1, 2008, and FDA would have to lay off staff in its review program if the program were not reauthorized by then. ADUFA supporters—including companies that make brand-name animal drugs, and livestock producer groups—considered ADUFA reauthorization to be “must pass” legislation in the 110th Congress. A coalition of consumer groups opposed the program and its reauthorization, citing, in particular, concerns about the safety of animal drugs used in livestock production. After negotiations with brand-name animal drug companies, FDA made several proposals for the reauthorization of ADUFA (ADUFA II), including a near-doubling of the total amount of fees to be collected in the future. The proposed increase would support continued enhancements of FDA’s review program, further improvements in the timeliness of reviews, and the elimination of a backlog of pre-approval inspections of foreign manufacturing facilities. FDA presented draft reauthorizing legislation to Congress in April 2008. H.R. 6432, the Animal Drug User Fee Amendments of 2008, a bill to reauthorize the program, was introduced on July 8, 2008. Subsequently, the bill was forwarded without amendment to the full committee by the House Energy and Commerce Subcommittee on Health, and was marked up by the full committee on July 16, 2008. ADUFA does not cover generic animal drugs. FDA has not been able to maintain the statutory requirement for timeliness of generic animal drug reviews since ADUFA was enacted. FDA presented a draft Animal Generic Drug User Fee Act (AGDUFA) to Congress in April 2008, separate from the ADUFA II draft bill. H.R. 6433, the Animal Generic Drug User Fee Act of 2008, was introduced on July 8, 2008. Subsequently, the bill was forwarded without amendment to the full committee by the House Energy and Commerce Subcommittee on Health, and was marked up by the full committee on July 16, 2008. On July 30, 2008, the House passed H.R. 6432, as amended, under suspension. The engrossed (House-passed) bill incorporated an amended version of H.R. 6432 (ADUFA reauthorization), as reported, and H.R. 6433 (AGDUFA), as reported, without amendment. On August 1, 2008, the Senate took up the House-passed measure and passed it by unanimous consent. The measure has been sent to the President, who is expected to sign it. This report discusses aspects of ADUFA I, including funding and program performance; FDA’s ADUFA II and AGDUFA proposals; congressional activity; and relevant issues. Appendix A provides a summary of ADUFA I. Appendix B describes the FDA process for approval of animal drugs. This report will be updated to incorporate legislative actions and other events as they unfold.

Aug 4, 2008