CRS Reports

Sufficiency of Signatures on Conference Reports

Sep 30, 2003

Motions to Proceed to Consider in the Senate: Who Offers Them?

Sep 15, 2003

Hearings in the U.S. Senate: A Guide for Preparation and Procedure

This report discusses hearings in the U.S. Senate and is divided into four main sections. This introduction addresses the role of hearings in the committee process, types of hearings, and broad organizational issues.

Aug 19, 2003

The Office of the Parliamentarian in the House and Senate

Jul 25, 2003

Affirmative Action and Diversity in Public Education — Legal Developments

The first part of this report briefly reviews the judicial evolution of race-based affirmative action, particularly in relation to public education. Recent rulings challenging the use of racial admissions and hiring practices by public educational institutions are then considered for their implications on the future development of affirmative action law.

Jul 22, 2003

Tax-Advantaged Accounts for Health Care Expenses: Side-by-Side Comparison

Jul 21, 2003

Medicare Fee-for-Service Modifications and Medicaid Provisions of S. 1, as Passed by the Senate, and H.R. 1, as Passed by the House

Jul 17, 2003

Polygraph Use by the Department of Energy: Issues for Congress

Jul 8, 2003

Small Business Expensing Allowance Under the Jobs and Growth Tax Relief Reconciliation Act of 2003 : Changes and Likely Economic Effects

Jun 24, 2003

Medicare Prescription Drug and Reform Legislation

This report describes the major features of S. 1, as ordered reported, and the measure to be considered by the House Ways and Means Committee, H.R. 2473, as ordered reported.

Jun 19, 2003

The Debt Limit: The Need for Increases

Jun 12, 2003

Budget Enforcement Procedures: Senate's Pay-As-You-Go (PAYGO) Rule

The Senate’s “pay-as-you-go,” or PAYGO, rule generally prohibits the consideration of direct spending and revenue legislation that is projected to increase (or cause) an on-budget deficit in any one of three time periods: the first year, the first 5 years, and the second 5 years, covered by the most recently adopted budget resolution. Any increase in direct spending or reduction in revenues resulting from such legislation must be offset by an equivalent amount of direct spending cuts, tax increases, or a combination of the two.

Jun 2, 2003

U.S. - European Union Disputes in the World Trade Organization

U.S.-EU relations have been affected by a number of trade disputes in recent years. While the majority of trade disputes do get resolved, attempts to settle some of the disputes have been met with refusal or inability by one or another of the parties to comply in a timely manner with the World Trade Organization (WTO) panel rulings. The 108th Congress inherits several of these disputes where the WTO has ruled that U.S. laws violate trade obligations. Absent U.S. compliance through legislative action, the EU could in some cases decide to retaliate against U.S. exports this year or next. In the meantime, the EU remains in non-compliance with its WTO obligations to allow imports of beef treated with hormones. Beyond raising U.S.-EU trade tensions, non-compliance by a key WTO member arguably weakens the credibility and authority of the WTO and its dispute settlement process. The initiation and resolution of disputes under WTO agreements is carried out under the Uruguay Round Dispute Settlement Understanding (DSU), considered a cornerstone of the WTO system. The WTO dispute settlement process has a more quasi-judicial orientation than the quasi-diplomatic orientation of the prior GATT system, in which negotiation and conciliation generally prevailed over multilateral enforcement of rules. The DSU provides for virtually automatic establishment of panels, adoption of panel and appellate reports and, where requested, authorization to impose retaliatory measures; deadlines are set out for various stages of the process. These features ensure that complaints are heard and promote implementation of WTO rulings, thus making available to all WTO Members the means to clarify trade rules and redress trade injury. At the same time, the process continues to retain certain diplomatic elements in that its primary aim is to "secure a positive solution to a dispute," with the preferred outcome being a "solution mutually acceptable to the parties to the dispute and consistent with the covered agreements." Opportunities for settlement are provided at a number of points in a procedure. U.S. and EU instances of longstanding non-compliance have for the most part not involved routine commercial disputes over trade or customs regulations, but rather tax policy and internal national regulation, particularly of social and health matters. While ambiguity in WTO agreements may give rise to disputes in these difficult areas, the automatic features of the DSU also allow parties to pursue such cases through the full dispute process, even though it may be evident from the outset that implementation of an adverse WTO ruling may be subject to overwhelming domestic opposition in the defending country. To deal with the problem of non-compliance in difficult cases, both Washington and Brussels may need to give greater attention to a number of concerns and policy considerations, including choice of cases initiated, limitations on panel decisions, role of mediation and conciliation, and adoption of remedies that are trade liberalizing. Assuming that some disputes are not well-suited for the DSU process, greater efforts may be needed to settle differences through bilateral negotiations and political compromises, through mediation, or by agreeing to arbitration from an outside ( i.e. , non-WTO) party. This report will be updated periodically. For more on the WTO dispute settlement process and U.S.-EU Trade Relations, see CRS Report RS20088 and CRS Issue Brief IB10087.

May 27, 2003

Committee of the Whole: An Introduction

The House of Representatives uses this parliamentary device to take procedural advantage of a somewhat different set of rules governing proceedings in the Committee than those governing proceedings in the House. The purpose is to expedite legislative consideration. This report briefly reviews the history of the Committee of the Whole, describes the current procedure associated with it, and identifies its procedural advantages.

May 27, 2003

Appropriations for FY2004: Legislative Branch

Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This Report is a guide to one of the 13 regular appropriations bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Legislative Branch Appropriations.

May 27, 2003

Immigration and Naturalization Fundamentals

Congress typically considers a wide range of immigration issues and now that the number of foreign born residents of the United States—32.5 million in 2002—is at the highest point in U.S. history, the debates over immigration policies grow in importance. As a backdrop to these debates, this report provides an introduction to immigration and naturalization policy, concepts, and statistical trends. It touches on a range of topics, including numerical limits, refugees and asylees, exclusion, naturalization, illegal aliens, eligibility for federal benefits, and taxation. This report does not track legislation and will not be regularly updated.

May 20, 2003

House Resolutions of Inquiry

The resolution of inquiry is a House procedure that seeks factual information from the executive branch. The resolution is privileged and may be considered at any time after it is properly reported or discharged from committee. It applies only to requests for facts––not opinions––within the Administration’s control. This report explains the history, procedure, specific uses of resolutions of inquiry, and identifies the use thus far in the 108th Congress (H.Res. 68).

May 12, 2003

The Committee System in the U.S. Congress

May 2, 2003

How Unanimous Consent Agreements Regulate Senate Floor Action

Apr 30, 2003

The Quasi Government: Hybrid Organizations with Both Government and Private Sector Legal Characteristics

Apr 29, 2003

The Bill Emerson Humanitarian Trust: Background and Current Issues

The Bill Emerson Humanitarian Trust is becoming a critical component of the U.S. response to humanitarian food emergencies in Africa, Iraq, and elsewhere. The Trust, as presently constituted, was enacted in the 1998 Africa Seeds of Hope Act ( P.L. 105-385 ). It replaced the Food Security Commodity Reserve established in 1996 and its predecessor the Food Security Wheat Reserve of 1980. The Trust is a reserve of up to 4 million metric tons of wheat, corn, sorghum and rice that can be used to help fulfill P.L. 480 food aid commitments to developing countries under two conditions: (1) to meet unanticipated emergency needs in developing countries, or (2) when U.S. domestic supplies are short. The Trust can also hold funds. Administration proposals to reduce food aid's reliance on surplus commodities and anticipated demand for emergency food aid have focused renewed attention on the Emerson Trust, which has been used four times in FY2002 and FY2003 to meet unanticipated food needs in Africa and Iraq. About 1.1 million metric tons of wheat remain in the Trust. As the Trust is drawn down, reimbursement and replenishment of the Trust for commodities released become important issues. This report will be updated as developments occur.

Apr 17, 2003

Pay Equity Legislation in the 108th Congress

Apr 17, 2003

Animal Waste and Water Quality: EPA Regulation of Concentrated Animal Feeding Operations (CAFOs)

This report describes the revised environmental rules of the Clean Water Act, the background of previous Clean Water Act rules and the Clinton Administration proposal for revising these rules, and perspectives of key interest groups on the proposal and final regulations. It also identifies several issues likely to be of congressional interest as implementation of the revised rules proceeds.

Apr 15, 2003

Sri Lanka: Background and U.S. Relations

Apr 9, 2003

The Child Care and Development Block Grant: Background and Funding

This report discusses several federal programs support child care for low-income families, the principal being a federal block grant program: The Child Care and Development Block Grant (CCDBG). The CCDBG is administered by the Department of Health and Human Services (HHS) and provides allotments to states, according to a formula, which are used to subsidize the child care expenses of low-income families with children under age 13.

Apr 7, 2003

Federally Supported Water Supply and Wastewater Treatment Programs

This report provides background information on the types of water supply and wastewater treatment projects traditionally funded by the federal government and the several existing programs to assist communities with water supply and wastewater recycling and treatment.

Mar 25, 2003

Entering the Executive Branch of Government: Potential Conflicts of Interest With Previous Employments and Affiliations

This report examines the federal laws and regulations relevant to entering into Government employment from the private sector. It is intended to provide those conducting congressional oversight with an outline of some of the issues, rules, regulations, ad oversight tools that may be available regarding this subject.

Mar 24, 2003

War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution

Mar 19, 2003

The Endangered Species Act and Claims of Property Rights "Takings": A Summary of the Court Decisions

This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve lake levels or instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of listed species.

Mar 10, 2003

Head Start: Background and Funding

Feb 5, 2003

The U.S.-Chile Free Trade Agreement: Economic and Trade Policy Issues

Feb 3, 2003

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the Federal Controlled Substances Act and Related Laws

Jan 30, 2003

North Korea: Economic Sanctions

Jan 24, 2003

Committee Assignment Process in the U.S. Senate: Democratic and Republican Party Procedures

Jan 23, 2003

Senate Leadership: Whip Organization

Jan 23, 2003

Medal of Honor Recipients: 1979-2003

This report discusses changes in the list of recipients of the Medal of Honor (MoH). This report lists those changes by military action and provides the full text of their official citations.

Jan 20, 2003

Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications

This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. Because the statutes that confer standby authority on the President and the executive branch potentially play such a large role in an armed conflict to which the United States is a party, the report includes an extensive listing and summary of the statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the Congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under the War Powers Resolution.

Jan 14, 2003

Clean Air Act: A Summary of the Act and Its Major Requirements

This report summarizes the Clean Air Act and its major regulatory requirements. It describes the Act's major provisions and provides tables listing all major amendments, with the year of enactment and Public Law number, and crossreferencing sections of the Act with the major U.S. Code sections of the codified statute.

Jan 3, 2003

Arms Sales: Congressional Review Process

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.

Dec 20, 2002

Safe Drinking Water Act: A Summary of the Act and Its Major Requirements

Dec 6, 2002

Legislative Procedure in Congress: Basic Sources for Congressional Staff

Nov 27, 2002

Farm Disaster Assistance

Nov 5, 2002

How Measures Are Brought to the Senate Floor: A Brief Introduction

Oct 28, 2002

Congress' Early Organization Meetings

The purposes of these meetings are both educational and organizational. Educational sessions range from legislative procedures and staff hiring to current issues. Organizational sessions elect class officers, party leaders, and chamber officers; name committee representatives and other party officials; and select committee chairmen and often committee members. Such actions are officially ratified at the start of the new Congress.

Oct 21, 2002

Affirmative Action Revisited: A Legal History and Prospectus

Sep 30, 2002

Recess Appointments: Frequently Asked Questions

Sep 10, 2002

Federal Interagency Coordinative Mechanisms: Varied Types and Numerous Devices

Interagency coordinative mechanisms at the federal level have become more prominent and prevalent recently. The Office of Homeland Security (OHS) and the companion Homeland Security Council (HSC), along with proposals for change, are the most visible. Other examples not only include such well-known entities as the National Security Council (NSC) and the so-called “drug czar” but also extend to a multiplicity of nearly anonymous working groups and task forces. Some of them have short life spans, while others have remained in place for long periods. Seven different types of interagency coordinators are described here. They cross a broad spectrum of categories and cover a large number and wide variety of specific mechanisms and arrangements, established by public law, executive orders, administrative directives, and other legal instruments: councils chaired by the President and consisting of the Vice President and the heads of certain departments and agencies, with the NSC, HSC, and the USA Freedom Corps Council being the only three; committees whose members are department and agency heads, including ones connected to the NSC and to the HSC; specially created offices and positions, especially the offices of Homeland Security, National Drug Control Policy, and USA Freedom Corps, along with their directors; specified agency heads and other officers—notably, the Director of Central Intelligence (head of the CIA), Director of the Secret Service, and inspectors general—with qualified authority to enlist the assistance of organizations outside their own establishments; sub-cabinet boards, committees, and councils, such as those associated with inspectors general and with chief financial officers; transfers of personnel and resources among new or existing entities, by way of operational task forces, working groups, staff details, and redeployments; and transfers of authority between and among agencies, through cross-designation and special deputation of personnel. The diverse arrangements and devices, collectively numbering in the hundreds, extend across a broad range of policy areas; exist in a wide variety of institutional locations; consist of different echelons of members and categories of leaders; carry out different types of responsibilities; perform different operations and activities; and vary in terms of their capabilities, resources, and powers.

Jul 22, 2002

Partial-Birth Abortion: Recent Developments in the Law

Jul 19, 2002

Nuclear, Biological, Chemical, and Missile Proliferation Sanctions: Selected Current Law

Jul 15, 2002

Appropriations for FY2003: Legislative Branch

Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress considers each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Legislative Branch Appropriations.

Jul 12, 2002