CRS Reports

Venue: A Legal Analysis of Where a Federal Crime May Be Tried

Dec 28, 2005

Casework in a Congressional Office: Background, Rules, Laws, and Resources

Dec 27, 2005

Research Tax Credit: Current Status, Legislative Proposals, and Policy Issues

Dec 22, 2005

Trafficking in Persons in Latin America and the Caribbean

This report describes the nature and scope of the problem of trafficking in persons in Latin America and the Caribbean. The report then describes U.S. efforts to deal with trafficking in persons in the region, as well as discusses the successes and failures of some recent country and regional anti-trafficking efforts. The report concludes by raising several issues for policy consideration that may be helpful as the 109th Congress continues to address human trafficking as part of its authorization, appropriations, and oversight activities.

Dec 15, 2005

The Direct Recording Electronic Voting Machine (DRE) Controversy: FAQs and Misperceptions

As Congress considers proposals relating to DREs, salient issues might include the lack of information about DRE security, especially in relation to other systems and other components of election integrity; potential conflicts with HAVA requirements that might be associated with the proposals; how those proposals might impact voter confidence; and what impacts they might have on future innovation.

Dec 14, 2005

Liberia's Post-War Recovery: Key Issues and Developments

This report describes recent developments in Liberia, a small, poor West African country that is undergoing a post-conflict transition and peace-building process after its second civil war in a decade.

Dec 13, 2005

U.S.-China Nuclear Cooperation Agreement

Dec 13, 2005

Guantanamo Detainees: Habeas Corpus Challenges in Federal Court

This report provides an overview of the Combatant Status Review Tribunal procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Graham Amendment and analyzes how it might affect detainee-related litigation in federal court.

Dec 7, 2005

Terrorism Risk Insurance Legislation: Issue Summary and Side-by-Side

Dec 5, 2005

The Family Educational Rights and Privacy Act: A Legal Overview

Nov 30, 2005

Foreign Holdings of Federal Debt

Nov 23, 2005

Muslims in Europe: Integration Policies in Selected Countries

This report examines the integration of Muslims into the United Kingdom, France, Germany, and Spain. It also analyzes policies at the European Union (EU) level that affect Muslim populations. However, key policies relating to integrating Muslims into society — including citizenship laws, education, treatment of religious institutions, and anti-discrimination measures — largely lie with individual governments.

Nov 18, 2005

Pandemic Flu Liability Limitation Legislation

Nov 18, 2005

China Naval Modernization: Implications for U.S. Navy Capabilities - Background and Issues for Congress

This report focuses on the implications that certain elements of China’s military modernization may have for future required U.S. Navy capabilities. The issue for Congress addressed in this report is: How should China’s military modernization be factored into decisions about U.S. Navy programs? Congress’s decisions on this issue could significantly affect future U.S. Navy capabilities, U.S. Navy funding requirements, and the U.S. defense industrial base, including the shipbuilding industry.

Nov 18, 2005

Committee Controls of Agency Decisions

Congress has a long history of subjecting certain types of executive agency decisions to committee control, either by committees or subcommittees. Especially with the beginning of World War II, the executive branch agreed to committee controls as an accommodation that allowed Congress to delegate authority and funds broadly while using committees to monitor the use of that discretionary authority. These committee-agency arrangements took the form of different procedures: simply notifying the committee, obtaining committee approval, "coming into agreement" understandings, and using the congressional distinction between authorization and appropriation to exercise committee controls. By the 1930s, the White House and the Justice Department began to object to committee-approval arrangements as an encroachment into executive duties and a violation of separation of powers. Litigation in the 1970s, supported by the Administration, resulted in the Supreme Court's decision INS v. Chadha (1983), striking down every form of legislative veto: two-house, one-house, committee, subcommittee, and chairman. The Court ruled that whenever Congress intends to exercise control over any action outside the legislative branch, it must comply with the regular constitutional requirements for lawmaking: action by both houses (bicameralism) and submission of a bill or joint resolution to the President for his signature or veto (Presentation Clause). Notwithstanding this decision, agencies continue to fashion accommodations that settle some decisions at the level of committees and subcommittees. This type of arrangement is seen frequently in reprogramming procedures, where agencies seek committee/subcommittee approval before shifting certain types of funds within an appropriations account. A number of committee vetoes are also used outside the reprogramming process. This report explains how and why committee vetoes originated, the constitutional objections raised by the executive branch, the Court's decision in Chadha , and the continuation of committee review procedures since that time. For a brief six-page treatment, see CRS Report RS22132(pdf) , Legislative Vetoes After Chadha , by Louis Fisher. This report will be updated as events warrant.

Nov 16, 2005

The National Environmental Policy Act: Background and Implementation

Nov 16, 2005

Federal Deductibility of State and Local Taxes

Nov 15, 2005

Horse Slaughter Prevention Bills and Issues

This report discusses the debate in Congress on whether to ban horse slaughter and the acceptability of this practice.

Nov 7, 2005

Libya: Background and U.S. Relations

This report provides background information on Libya and U.S.-Libyan relations; profiles Libyan leader Muammar al Qadhafi; discusses Libya’s political and economic reform efforts; and reviews current issues of potential congressional interest.

Nov 4, 2005

Budget Reconciliation: Legislation in 2005

The budget reconciliation process is one of the chief tools used by Congress during the past quarter-century to implement major changes in budget policy. Following a brief overview of the budget reconciliation process and the current budget policy context, this report provides information on the consideration of budget reconciliation legislation in 2005, during the first session of the 109th Congress.

Nov 1, 2005

Senate Rule XIV Procedures for Placing Measures Directly on the Senate Calendar

This report describes the Senate Rule XIV, para. 2, which requires that bills and resolutions have three readings before passage, and that they be read twice before being referred to committee.

Oct 25, 2005

The Retirement of Justice O'Connor: Quorum Requirements, Rehearings and Vote Counts in the Supreme Court

Justice Sandra Day O’Connor’s announcement that she will retire from the Supreme Court of the United States effective upon the confirmation of her successor has raised questions regarding the conditions under which her vote may or may not be counted in certain cases. This report provides an overview of quorum requirements, rehearing procedures and vote count practices in the Supreme Court, with a focus on their application in relation to Justice O’Connor’s pending retirement.

Oct 18, 2005

Safe, Accountable, Flexible, Efficient Transportation Equity Act—A Legacy for Users (SAFETEA-LU or SAFETEA): Selected Major Provisions

On August 10, 2005, President Bush signed the Safe, Accountable, Flexible, Efficient Transportation Equity Act—A Legacy for Users (SAFETEA-LU or SAFETEA) (P.L. 109-59). This act reauthorizes federal surface transportation programs through the end of FY2009. The reauthorization was long overdue, given that the previous long term authorization, the Transportation Equity Act for the 21st Century (TEA-21) (P.L. 105-206) expired on September 30, 2003. The reauthorization debate was primarily characterized by two interrelated issues, money and how that money would be distributed among the states. The 108th Congress came close to a bill with a surface transportation Conference Committee in place. In the end, however, conferees were unable to reach agreement either among themselves or with the Bush Administration as to how large the six-year reauthorization package would be in dollar terms. The Conference was also unable to agree on a solution to the long standing donor-donee state funding distribution question, with donor states insisting on a 95% return on fuel tax revenues and donee states insisting that increased funding for donor states not come at their expense. In the 109th Congress, the same issues threatened to undermine a Conference Committee that began meeting in June 2005. This time, however, all parties found ways in which to compromise. Most importantly, the Administration allowed total funding in the bill to rise to $286.4 billion for the six-year authorization period (in actuality the act provides $244.1 billion for the five years remaining before FY2009). This increase allowed the conferees to ultimately guarantee all states an eventual 92% rate of return, an improvement on the existing 90.5% rate, while at the same time holding 27 states harmless (meaning they will not receive less actual money than they have in the past). With these key compromises in place many of the objections to the bill disappeared and the conference report was agreed to on July 29, 2005. In addition to money issues, the act addressed a number of other issues. These included the creation of a new consolidated safety program, enhanced environmental streamlining regulations, changes in clean air conformity regulations, funding for transit new starts, expanded reliance on innovative financing and tolls, and spending on congressional high priority projects (earmarks). This report will be updated as warranted by congressional actions.

Oct 18, 2005

Routes to the Senate Floor: Rule XIV and Unanimous Consent

Oct 14, 2005

Social Security Survivors Benefits

Oct 6, 2005

The Cost of Iraq, Afghanistan and Enhanced Base Security since 9/11

Since the 9/11 terrorist attacks, CRS estimates that the Administration has allocated a total of about $357 billion for military operations, reconstruction, embassy costs, and various foreign aid programs in Iraq and Afghanistan, and for enhanced security at defense bases. This total includes $45 billion in “bridge” funding for the Department of Defense (DOD) as provided in H.J.Res. 68 /P.L.109- 77, a FY2006 Continuing Resolution, which was signed by the President on September 30, 2005.

Oct 3, 2005

Immigration Policy on Expedited Removal of Aliens

Sep 30, 2005

The United Kingdom: Issues for the United States

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. 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.

Sep 23, 2005

Federal Food Assistance in Disasters: Hurricanes Katrina and Rita

This report discusses federal food assistance in response to Hurricanes Katrina and Rita. The Food Stamp program, child nutrition programs, the Special Supplemental Nutrition Program for Women, Infants and Children (the WIC program), and federally donated food commodities delivered through relief organizations provide major support in disasters like Hurricanes Katrina and Rita. Existing laws authorize the Agriculture Department to change eligibility and benefit rules to facilitate emergency aid, and, in the short term, funding and federally provided food commodities are available without the need for additional appropriations.

Sep 23, 2005

Foreign Investment in the United States: Major Federal Statutory Restrictions

Sep 21, 2005

Egypt: Background and U.S. Relations

This report provides an overview of Egyptian politics and current issues in U.S.-Egyptian relations. It briefly provides a political history of modern Egypt, an overview of its political institutions, and a discussion of the prospects for democratization in Egypt, U.S.-Egyptian relations are complex and multi-faceted, and this report addresses the following current topics: the Arab-Israeli peace process, Iraq, terrorism, democratization and reform, human rights, trade, and military cooperation.

Sep 21, 2005

Hurricane Katrina-Related Immigration Issues and Legislation

Sep 19, 2005

The Use of Federal Troops for Disaster Assistance: Legal Issues

Sep 16, 2005

Mandatory Spending: Evolution and Growth Since 1962

Sep 13, 2005

Arrest and Detention of Material Witnesses: Federal Law In Brief and Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199)

This report is an overview of the law under the federal material witness statute which authorizes the arrest of material witnesses, permits their release under essentially the same bail laws that apply to federal criminal defendants, but favors their release after their depositions have taken. A list of citations to comparable state statutes and a bibliography of law review articles and notes are appended.

Sep 8, 2005

Legislative Branch: FY2006 Appropriations

The President signed H.R. 2985, the FY2006 Legislative Branch Appropriations Act, into P.L. 109-55 on August 2, 2005 (119 Stat. 565). The act provides $3.804 billion in new budget authority, a 4.49% increase of $163.61 million over current budget authority. Going into conference, the House bill contained $2.87 billion, a 1.7% increase over the current budget, excluding funds for Senate items, which were determined by the Senate after House consideration of the bill. The Senate bill contained $3.83 billion, a 6.3% increase, including funds for House items. The level of funding is less than the outlay of $3.809 billion projected by the House Budget Committee. The difference is to be offset by the use of prior year funds made available primarily for projects under jurisdiction of the Architect of the Capitol. As enacted into law, H.R. 2985 contained new discretionary budget authority of $3.804 billion, exceeding the 302(b) allocation by $85 million. One of the more controversial issues, House language providing for continuity of representation in the House of Representatives pursuant to an emergency situation, was retained by conferees. The Senate bill did not contain the language. Actions on the FY2006 bill follow last year’s approval by the Committees on Appropriations of a virtual funding freeze. Congress eventually agreed to a 1.2% increase, which fell below the 1.3% increase agreed to by both houses for discretionary funds. Among other issues that were under consideration during discussions on the FY2006 budget were requests by the chairman of the House and Senate Appropriations Committees for agencies to identify further their FY2006 objectives in an effort to reduce their requests to more closely mirror the President’s call for a 2.1% on discretionary appropriations; funding for the U.S. Capitol Police budget (the House bill contained a 0.7% decrease; the Senate bill, a 9.6% increase; and the conference report, a 3.31% increase; funding for the Capitol Visitor Center (the House bill contained $36.9 million; the Senate bill, $44.2 million, with conferees agreeing to the Senate figure); language in the House bill terminating the Capitol Police mounted horse unit, which was retained in conference; the Senate bill did not contain the provision; language regarding management of the Capitol Police; language in both the House and Senate bill limiting the pay of a legislative branch employee to that received by a Member of Congress, which was dropped during conference; and, language in the Senate report encouraging the application of performance standards for the legislative branch similar to those now statutorily required by the executive branch.

Aug 30, 2005

The United States as a Net Debtor Nation: Overview of the International Investment Position

Aug 30, 2005

Agriculture: Previewing a Farm Bill

Most provisions of the current “farm bill,” the Farm Security and Rural Investment Act (FSRIA) of 2002 (P.L. 107-171), do not expire until 2007. Nonetheless, various policy developments have brought farm bill programs into play during the 109th Congress. For example, the FY2006 budget resolution (H.Con.Res. 95) directs the House and Senate Agriculture Committees to find five-year savings of $3 billion from programs under their jurisdiction. Hearings on a 2007 farm bill itself could begin later in 2005. This report will be updated if events warrant; for a more extensive discussion of the issues, see CRS Report RL33037, Previewing a 2007 Farm Bill.

Aug 29, 2005

Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding

Aug 29, 2005

Federal Disaster Recovery Programs: Brief Summaries

Aug 29, 2005

Congressional or Federal Charters: Overview and Current Issues

A congressional or federal charter is a federal statute that establishes a corporation. Congress has issued charters since 1791, although most charters were issued after the start of the 20th century. This report discusses the issues that recently, Congress has faced two issues involving its use of charters — confusion over who is responsible for the activities of chartered corporations and the challenges of managing them.

Aug 25, 2005

The Pigford Case: USDA Settlement of a Discrimination Suit by Black Farmers

Aug 25, 2005

Minority Rights and Senate Procedures

The rules of the Senate emphasize the rights and prerogatives of individual Senators and, therefore, minority groups of Senators. The most important of these rules allows unlimited debate on a bill or amendment unless an extraordinary majority votes to invoke cloture. Senators can use their right to filibuster, and simply the threat of a filibuster, to delay or prevent the Senate from even considering a bill they oppose. The Senate’s rules also are a source of other minority rights, including the right to propose non-germane amendments to most bills and to prevent bills from being referred to committees that might not consider and report them. This report will be revised when necessary to reflect significant changes in relevant Senate rules, precedents, and practices.

Aug 22, 2005

Department of Homeland Security Reorganization: The 2SR Initiative

This report focuses primarily on the conclusions and proposals resulting from 2SR pertaining to organization and managerial lines of authority matters. In one of his first actions as Secretary of Homeland Security Tom Ridge’s successor, Michael Chertoff, on March 2, 2005, announced in testimony before the House Appropriations Subcommittee on Homeland Security that he was “initiating a comprehensive review of the Department’s organization, operations, and policies.” This effort, he said, would begin “within days.” The results of that undertaking, which came to be known as the Second Stage Review or 2SR, were made public in mid-July.

Aug 19, 2005

Previewing a 2007 Farm Bill

Aug 18, 2005

Social Security Disability Insurance: The FiveMonth Waiting Period for SSDI Benefits

Aug 15, 2005

Military Service Records and Unit Histories: A Guide to Locating Sources

Aug 12, 2005

Social Security: The Trust Fund

Aug 11, 2005

The Budget Reconciliation Process: House and Senate Procedures

The budget reconciliation process is an optional procedure that operates as an adjunct to the budget resolution process established by the Congressional Budget Act of 1974. The chief purpose of the reconciliation process is to enhance Congress’s ability to change current law in order to bring revenue, spending, and debt-limit levels into conformity with the policies of the annual budget resolution. Reconciliation is a two-stage process. First, reconciliation directives are included in the budget resolution, instructing the appropriate committees to develop legislation achieving the desired budgetary outcomes. If the budget resolution instructs more than one committee in a chamber, then the instructed committees submit their legislative recommendations to their respective Budget Committees by the deadline prescribed in the budget resolution; the Budget Committees incorporate them into an omnibus budget reconciliation bill without making any substantive revisions. In cases where only one committee has been instructed, the process allows that committee to report its reconciliation legislation directly to its parent chamber, thus bypassing the Budget Committee. The second step involves consideration of the resultant reconciliation legislation by the House and Senate under expedited procedures. Among other things, debate in the Senate on any reconciliation measure is limited to 20 hours (and 10 hours on a conference report) and amendments must be germane and not include extraneous matter. The House Rules Committee typically recommends a special rule for the consideration of a reconciliation measure in the House that places restrictions on debate time and the offering of amendments. As an optional procedure, reconciliation has not been used in every year that the congressional budget process has been in effect. Beginning with the first use of reconciliation by both the House and Senate in 1980, however, reconciliation has been used in most years. In three years, 1998 (for FY1999), 2002 (for FY2003), and 2004 (for FY2005), the House and Senate did not agree on a budget resolution. Congress has sent the President 19 reconciliation acts over the years; 16 were signed into law and three were vetoed (and the vetoes not overriden). Following an introduction that provides an overview of the reconciliation process and discusses its historical development, the report explains the process in sections dealing with the underlying authorities, reconciliation directives in budget resolutions, initial consideration of reconciliation measures in the House and Senate, resolving House-Senate differences on reconciliation measures, and presidential approval or disapproval of such measures. The text of two relevant sections of the Congressional Budget Act of 1974 (Sections 310 and 313) is set forth in the appendices, along with a list of other Congressional Research Service products pertaining to reconciliation procedures. This report will be updated as developments warrant.

Aug 10, 2005

Homeland Security: Scope of the Secretary's Reorganization Authority

In July of 2005, the Secretary of Homeland Security announced a major reorganization of the Department. While many of the proposed changes may be effectuated administratively, some might require legislative action due to limits on reorganization authority under the Homeland Security Act of 2002 ( P.L. 107-296 ). Section 872 of the Homeland Security Act gives the Secretary of Homeland Security the authority to reorganize functions and organizational units within the Department either: (1) independently, 60 days after the Secretary provides notice of such an action to the appropriate congressional committees, or (2) through the President’s submission of a reorganization plan. The Secretary, however, may not abolish agencies, entities, organizational units, or functions established or required to be maintained by statute. This report examines the scope of the reorganization authority provided in Section 872 with a focus on (1) the Secretary’s independent authority to reorganize the Department and (2) what is meant by the term organizational units , the basic administrative structures that the Secretary is empowered to “establish, consolidate, alter, or discontinue.” This report will be updated as warranted.

Aug 9, 2005