CRS Reports

“Entrenchment” of Senate Procedure and the “Nuclear Option” for Change: Possible Proceedings and Their Implications

Senate procedure permits most matters to be decided by a simple majority of Senators voting (with a quorum present). Yet Senate procedure generally lacks means for a simple majority to limit consideration and proceed to a vote. As a result, Senate minorities can attempt to block proposals by preventing a vote from occurring, a practice known as filibustering. Filibuster opponents have long sought to institute rules permitting a voting majority to limit consideration, most recently, in relation to judicial nominations. The Senate has seldom been able to adopt such limits, however, because any such proposal is itself subject to filibuster. In addition, the Senate has held that its existing procedures remain continuously in effect, which prevents it from considering a change proposal under limits more stringent than those already in effect. In this way, the existing procedures that lack consideration limits tend to entrench themselves against their own change. Advocates of majority consideration limits have often sought ways to assure the ability of the Senate to reach a vote on procedural changes. Inasmuch as such a course of action would break through the obstacles posed by existing procedures, it has been called a “nuclear option.” A “nuclear option” would presumably either make novel use of existing procedures or engage in ones previously not recognized in Senate practice. The plan most often discussed has been to raise a point of order asserting that the Senate must be able to reach a vote on nominations (or procedural changes) in order to exercise effectively its constitutional “advice and consent” power (or rulemaking power). By sustaining such a point of order, the chair would establish precedent for limiting consideration of those matters. Opponents of the ruling could appeal, and could attempt to filibuster to prevent a vote on the appeal, but the Senate could confirm the ruling by adopting a nondebatable motion to table the appeal. Under established procedure, however, only the Senate itself has authority to settle points of order in ways that alter precedent or interpret the Constitution. The chair is to follow precedent in ruling, and is to submit points of order raised under the Constitution, or where no precedent exists. If a point of order is submitted, however, or a ruling against a point of order is appealed, the point of order can be sustained only by vote, and the vote might be blocked by filibuster. Tabling the question in this situation would have the effect of affirming previous practice. Only certain additional limits on consideration of a point of order raised while another is pending might afford means of overcoming this difficulty. Under most conditions, the Senate might be unable to reach a vote on a procedural question that would institute consideration limits, except by setting aside the principle that the chair adheres to precedent, or that the rules remain always in effect. Once these principles were set aside, however, it might become possible for any voting majority of the Senate to institute further procedural changes in other subsequent situations. In the past, both the Senate and the House have ultimately always declined to institute change by accepting standards that would permit this result. This report will not be updated.

Mar 28, 2005

Foreign Direct Investment in the United States: An Economic Analysis

Mar 23, 2005

Supreme Court Nominations Not Confirmed, 1789-2004

This report discusses Supreme Court nominations that were not confirmed between 1789 and 2004 (comprising 34 nominations). Over the course of United States history, approximately one-quarter of the presidential nominations to the U.S. Supreme Court have failed to place a new Associate or Chief Justice on the bench.

Mar 21, 2005

Social Security Reform: Legal Analysis of Social Security Benefit Entitlement Issues

Mar 18, 2005

Wilderness: Overview and Statistics

The U.S. Forest Service established the first protected "wilderness area" under its own discretion in 1924. In 1964, the Wilderness Act established the National Wilderness Preservation System, reserved to Congress the authority to designate wilderness areas, and directed the Secretaries of Agriculture and of the Interior to review certain lands for their wilderness potential. The Act also designated 54 wilderness areas with 9 million acres of Forest Service land. Congress began expanding the Wilderness System in 1968, and today, there are 631 wilderness areas, totalling nearly 104 million acres, in 44 States.

Mar 18, 2005

Multinational Species Conservation Fund

Mar 15, 2005

The Kurds in Post-Saddam Iraq

Mar 14, 2005

U.S. Embassy in Iraq

Mar 11, 2005

Overview of the Federal Tax System

Mar 10, 2005

Afghanistan: Presidential and Parliamentary Elections

Presidential elections in Afghanistan were held on October 9, 2004, with heavy turnout and minimal violence. Karzai was declared the winner on November 3, 2004 with about 55% of the vote, and he subsequently named a cabinet incorporating most major factions but stressing qualifications. Parliamentary, provincial, and district elections were to be held in April-May 2005, but they are now almost certain to be postponed until at least September 2005. See CRS Report RL30588, Afghanistan: Post-War Governance, Security, and U.S. Policy.

Mar 10, 2005

Appropriations Subcommittee Structure: History of Changes from 1920-2005

This report details the evolution of the House and Senate Appropriations Committees’ subcommittee structure from the 1920s to the present.

Mar 9, 2005

Unemployment Compensation (UC) and the Unemployment Trust Fund (UTF): Funding UC Benefits

Mar 9, 2005

Agricultural Biotechnology: Background and Recent Issues

Since the first genetically engineered (GE) crops (also called GM [genetically modified] crops, or GMOs, genetically modified organisms) became commercially available in the mid-1990s, U.S. soybean, cotton, and corn farmers have rapidly adopted them. As adoption has spread, there have been policy debates over the costs and benefits of GE products. Issues include the impacts of GE crops on the environment and food safety, and whether GE foods should be specially labeled. Congress generally has been supportive of GE agricultural products, although some Members have expressed wariness about their adoption and regulation. The 109th Congress will likely continue to follow trade developments, particularly the U.S.-EU dispute, as well as U.S. regulatory mechanisms for approving biotech foods.

Mar 7, 2005

The European Union: Questions and Answers

This report provides answers to key questions related to the European Union (EU). It describes the EU’s evolution, its governing institutions, trade policy, and efforts to forge common foreign and defense policies. The report also addresses the EU-U.S. and EU-NATO relationships.

Mar 7, 2005

The Financial Action Task Force: An Overview

Mar 4, 2005

GAO: Government Accountability Office and General Accounting Office

Feb 28, 2005

House Committees: A Framework for Considering Jurisdictional Realignment

The House has chosen to handle committee jurisdiction in a number of ways. It has chosen to concentrate jurisdiction over an issue in new, existing, and temporary committees. It has chosen to keep jurisdiction over components of an issue distributed among several committees. And, it has chosen to vest in one committee jurisdiction over a narrow subject matter that could just as readily have been considered a component of subject matter within another committee's jurisdiction. Rules relating to referral and the Speaker's referral authority have also been changed to deal with jurisdictional issues. The House's most recent decision to create a standing Committee on Homeland Security reflected the several values that can bear on jurisdictional alignment ( H.Res. 5 , 109th Congress, and an accompanying legislative history of House Rule X changes contained in the resolution). While the House and Senate consolidated and reduced the number of committees in the Legislative Reorganization Act of 1946, and for the first time vested each committee with specific jurisdiction, the House did not adopt wide-ranging committee reorganizations in 1974 or 1994. Rather, the House on a number of occasions since 1946 has chosen incremental change in committee jurisdictional realignment. The House is expected to study its committee organization during the 109th Congress. Related CRS reports are as follows: CRS Report RL32711(pdf) , Homeland Security: Compendium of Recommendations Relevant to House Committee Organization and Analysis of Considerations for the House, by Michael L. Koempel; CRS Report RS21901(pdf) , House Select Committee on Homeland Security: Possible Questions Raised If the Panel Were to Be Reconstituted as a Standing Committee, by Judy Schneider; CRS Report RL31835(pdf) , Reorganization of the House of Representatives: Modern Reform Efforts, by Judy Schneider, Christopher M. Davis, and Betsy Palmer; and CRS Report RL31572 , Appropriations Subcommittee Structure: History of Changes, 1920-2005 , by James V. Saturno. This report will not be updated.

Feb 23, 2005

Medicare Payment Policies

Feb 23, 2005

The Campus-Based Financial Aid Programs: A Review and Analysis of the Allocation of Funds to Institutions and the Distribution of Aid to Students

This report describes and analyzes (a) the process through which federal funds are allocated to institutions under the campus-based programs, (b) the potential for allocating all campus-based funding according to the existing need-based formulas, and (c) the current distribution of aid to students. It will be updated to track legislative proposals addressing the campus-based allocation procedures.

Feb 18, 2005

U.S. Immigration Policy on Asylum Seekers

Feb 16, 2005

The Global Peace Operations Initiative: Background and Issues for Congress

Feb 16, 2005

Office of Management and Budget: A Brief Overview

Feb 14, 2005

Legislative Procedures for Adjusting the Public Debt Limit: A Brief Overview

Feb 11, 2005

Campus-Based Student Financial Aid Programs Under the Higher Education Act

Feb 11, 2005

Marine Protected Areas: An Overview

Feb 11, 2005

Proliferation Control Regimes: Background and Status

Feb 10, 2005

The Organization for Economic Cooperation and Development

Feb 8, 2005

Grazing Fees: An Overview and Current Issues

This report briefly discusses charging fees for grazing private livestock on federal lands, which 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 raised to approximate "fair market value."

Feb 8, 2005

Health Coverage Tax Credit Authorized by the Trade Act

Feb 8, 2005

The Federal Rulemaking Process: An Overview

Feb 7, 2005

Allocation of Wastewater Treatment Assistance: Formula and Other Changes

Feb 7, 2005

Health Insurance: A Primer

Feb 3, 2005

Controversies over Redefining “Fill Material” Under the Clean Water Act

Feb 2, 2005

Mountaintop Mining: Background on Current Controversies

Mountaintop removal mining involves removing the top of a mountain in order to recover the coal seams contained there. This practice occurs in several Appalachian states. It creates an immense quantity of excess spoil (dirt and rock that previously composed the mountaintop), which is typically placed in valley fills on the sides of the former mountains, burying streams that flow through the valleys. Critics say that, as a result of valley fills, stream water quality and the aquatic and wildlife habitat that streams support are destroyed by tons of rocks and dirt. The mining industry argues that mountaintop mining is essential to conducting surface coal mining in the Appalachian region and that surface coal mining would not be economic or feasible there if producers were restricted from using valleys for the disposal of mining overburden. Mountaintop mining is regulated under several laws, including the Clean Water Act. This report provides background on current controversies, regulatory requirements, and legal challenges to Clean Water Act regulation of mountaintop mining. Congressional attention to these issues also is discussed.

Feb 1, 2005

Drinking Water State Revolving Fund: Program Overview and Issues

Feb 1, 2005

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES): Background and Issues

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has been ratified by 167 nations, including the United States. It regulates the international trade in animals and plants that may be threatened by trade.

Feb 1, 2005

Social Security and Medicare: The Economic Implications of Current Policy

Jan 28, 2005

A Separate Consumer Price Index for the Elderly?

Jan 27, 2005

Fruits, Vegetables, and Other Specialty Crops: A Primer on Government Programs

U.S. farmers grow more than 250 types of fruit, vegetable, tree nut, flower, ornamental nursery, and turfgrass crops in addition to the major bulk commodity crops. Although specialty crops are ineligible for the federal commodity price and income support programs, they are eligible for other types of U.S. Department of Agriculture (USDA) support, such as crop insurance, disaster assistance, and, under certain conditions, ad hoc market loss assistance payments. This report describes the federal programs of importance to the specialty crop sector, and provides the most recent funding information available for them.

Jan 26, 2005

Pakistan's Nuclear Proliferation Activities and the Recommendations of the 9/11 Commission: U.S. Policy Constraints and Options

Jan 25, 2005

North Korea: A Chronology of Events, October 2002-December 2004

This report provides a chronology of events relevant to U.S. relations with North Korea from October 2002 through December 31, 2004. The chronology includes significant meetings, events, and statements that shed light on the issues surrounding North Korea's nuclear weapons program. An introductory analysis provides background on U.S. policy preceding October 2002 as well as an overview of developments and dynamics among the major players in the North Korea nuclear dispute: South Korea, Japan, China, Russia, and the United States. Particular attention is paid to the demise of the Agreed Framework, the ongoing six-party talks, China's prominent role in the negotiations, inter-Korean relations, and the Japanese abductee issue. Also discussed is Congress's role in dealing with North Korea, including the passage of the North Korea Human Rights Act ( P.L. 108-333 ). This report will not be updated.

Jan 24, 2005

The Health Insurance Portability and Accountability Act (HIPAA) of 1996: Overview and Guidance on Frequently Asked Questions

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L. 104-191), provided for changes in the health insurance market. It guaranteed the availability and renewability of health insurance coverage for certain employees and individuals, and limited the use of preexisting condition restrictions. The Act created federal standards for insurers, health maintenance organizations (HMOs), and employer-provided health plans, including those that self-insure. It permitted, however, substantial state flexibility for compliance with the requirements on insurers. HIPAA also included tax provisions relating to health insurance. It permitted a limited number of small businesses and self-employed individuals to contribute to tax-advantaged medical savings accounts (MSAs) established in conjunction with high-deductible health insurance plans. It increased the deduction for health insurance that self-employed taxpayers may claim. In addition, it allowed long-term care expenses to be treated like deductible medical expenses and clarified the tax treatment of long-term care insurance. Finally, the Act included administrative simplification and privacy provisions instructing the Secretary of HHS to issue standards addressing the electronic transmission of health information and the privacy of personally identifiable medical information. Since the passage of HIPAA, there have been subsequent amendments. In 1996, new provisions required group health plans and insurers to cover minimum hospital stays for maternity care and for a limited period, to provide parity in certain mental health benefits. Parity was later extended for one year. In 1998, a provision was passed requiring health plans that cover mastectomy to also offer reconstructive breast surgery. Amendments have also increased the tax deduction for premiums paid by self-employed taxpayers. The Act, as amended, continues to generate numerous questions. What kinds of policies does it cover? Does it help people who are currently uninsured? Does it help people with preexisting medical conditions? How does it affect health insurance premiums? How do its requirements interact with the Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage? Answers to those questions, as well as other commonly asked questions, are provided, as well as descriptions of each of the major sections of HIPAA. Some of the answers provided may not be definitive. This is because, in some cases, final regulations have not yet been promulgated. Other regulations, such as those defining the administrative simplification provisions, remain under development. In addition, the answers to many questions about the requirements on the individual health insurance market depend upon particular state responses to the Act. For some provisions, states were allowed the choice of implementing the HIPAA requirements (“the federal fallback”) or establishing acceptable alternative mechanisms.

Jan 24, 2005

Colombia: Issues for Congress

Jan 19, 2005

Credit Scores: Credit-Based Insurance Scores

An insurance score, a type of credit score, is a number produced by a computer scoring model that analyzes a person's credit information (i.e., payment history, collections, balances, and bankruptcies) obtained principally from that person's credit reports. Increasingly, insurers have been using insurance scores as an underwriting factor to evaluate insurance applications, especially for automobile and homeowners insurance, in predicting possible future insurance claims an applicant might generate. Insurers maintain that there is a clear statistical connection between a person's insurance score and the likelihood of that person filing claims, as well as how expensive such claims might be. By using insurance scores, insurers say that they are able to charge lower premiums to most customers who are better risks. On the other hand, some consumer advocates dispute the insurers' position and argue that the use of insurance scores has a disparate effect on minorities, and is merely a new method by which insurers can increase premium rates. Even though credit scores have been widely used for some time by credit-related businesses such as home mortgage lenders and credit card issuers, the use of insurance scores by insurers is relatively new. The growing discontent regarding the use of credit-based scoring has been reflected in proposed legislation amending the Fair Credit Reporting Act to require additional consumer protections, and in increased litigation. Insurance scores, like other credit scores based on credit reports, are regulated to some degree at the federal level. Unlike other credit scores, however, insurance scores used in the underwriting process are also subject to state insurance laws and regulations. Most of the states have been active in recently reviewing their laws and regulations in this area. Federal legislation in the 108th Congress that would have affected insurance scoring included H.R. 1473 , H.R. 2796 , H.R. 2622 , and S. 1753 . The latter two were the House and Senate versions of what would become P.L. 108-159 , which mandated a study on the impact of insurance scoring. This report will be updated in the event of significant legislative or regulatory developments.

Jan 19, 2005

U.S.-EU Cooperation Against Terrorism

Jan 19, 2005

Taxation of Unemployment Benefits

Unemployment compensation (UC) benefits have been fully subject to the federal income tax since the passage of the Tax Reform Act of 1986 (P.L. 99-514). Individuals who receive UC benefits during a year may elect to have the federal (and in some cases state) income tax withheld from their benefits. Legislation was introduced in the 108th Congress that would have repealed the taxation of UC benefits, provided a two-year suspension of the taxation of UC benefits, or transferred the proceeds from taxing UC benefits to the Unemployment Trust Fund. This report provides an overview of the taxation of UC benefits and legislation related to taxing UC benefits.

Jan 14, 2005

Social Security: Calculation and History of Taxing Benefits

Jan 14, 2005

Border Security: Fences Along the U.S. International Border

This report outlines the issues involved with the Department of Homeland Security’s (DHS’s) completion of a three-tiered, 14-mile fence, along the border near San Diego, California. The state of California has delayed completion of the fence due primarily to legal and policy conflicts with its federally-approved, state-run Coastal Management Program. Current authorization for the fence only allows the waiver of the Endangered Species Act and the National Environmental Policy Act. During the 108th Congress, a variety of proposals were introduced that would have allowed the department to waive a number of other environmental, conservation, and cultural laws and requirements to varying degrees. Similar proposals are likely to surface again during the 109th Congress.

Jan 13, 2005

Cuba: Issues for the 109th Congress

This report, which will be updated regularly, examines issues in U.S.-Cuban relations and tracks legislative initiatives on Cuba in the 109th Congress. The 109th Congress will likely continue an active interest in Cuba concerning human rights, debate over economic sanctions (especially on travel), food and agricultural exports to Cuba, terrorism issues, Radio and TV Marti, bilateral anti-drug cooperation, and migration issues.

Jan 13, 2005

Reserve Component Personnel Issues: Questions and Answers

Jan 10, 2005