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- 9/11 Commission Recommendations: The Senate Confirmation Process for Presidential Nominees
- On July 22, 2004, the National Commission on Terrorist Attacks Upon the United States, known as the 9/11 Commission, issued its final report, detailing the events up to and including the September 11, 2001 terrorist attacks upon the United States. The 9/11 Commission recommended that the Senate adopt rules requiring hearings and votes to confirm or reject national security nominees within 30 days of their submission at the start of each new presidential administration. Implementing the commission's proposal would involve imposing new restrictions on both the power of committee chairs to control the agenda of their committees and the rights of Senators to delay or block nominations through holds and extended debate. This report discusses in detail this proposal, how it could be implemented, and the potential effects of its implementation.
- S. 147/H.R. 309: Process for Federal Recognition of a Native Hawaiian Governmental Entity
- From Summary: "This report describes the provisions of the reported version of S. 147; outlines some federal statutes and recent cases which might be relevant to the issue of federal recognition of a Hawaiian entity; and recounts some legal arguments that have been presented in the debate on this legislation."
- S. 147/H.R. 309: Process for Federal Recognition of a Native Hawaiian Governmental Entity
- S. 147/H.R. 309, companion bills introduced in the 109th Congress, represent an effort to accord to Native Hawaiians a means of forming a governmental entity that could enter into government-to-government relations with the United States. This report describes the provisions of the reported version of S. 147; outlines some federal statutes and recent cases which might be relevant to the issue of federal recognition of a Native Hawaiian entity; and recounts some legal arguments that have been presented in the debate on this legislation. It includes a brief outline of the provisions of a substitute amendment expected to be offered in lieu of the reported version of S. 147, when Senate debate, which was interrupted by the filing of a cloture motion on July 29, resumes.
- S. 219: The National Employee Savings and Trust Equity Guarantee Act
- On July 26, 2005, the Senate Finance Committee approved S. 219, the “National Employee Savings and Trust Equity Guarantee (NESTEG) Act of 2005,” a bill to reform federal pension laws. This report summarizes the major provisions of the bill, as approved by the Committee.
- 527 Political Organizations: Legislation in the 109th Congress
- The 109th Congress is examining the role of groups organized under section of the Internal Revenue Code(IRC) that are involved in federal elections, but are not operating under the requirements and restrictions of federal election law.
- S. 852: The Fairness in Asbestos Injury Resolution Act of 2005
- From Summary: "This report provides an overview of S. 852, the Fairness in Asbestos Injury Resolution (FAIR) Act of 2005. The bill would largely remove asbestos claims from the courts in favor of the administrative process set out in the bill. The bill would establish the Office of Asbestos Disease Compensation to award damages to asbestos claimants on a no-fault basis from the Asbestos Injury Claims Resolution Fund."
- S. 1783: The Pension Security and Transparency Act of 2005
- From Summary: "This report summarizes the major provisions of S. 1783, the Pension Security and Transparency Act 2005. The bill combines provisions of S. 219, the National Employee Savings and Trust Equity Guarantee Act, reported by the Finance Committee, and the Defined Benefit Security Act, reported by the Committee on Health, Education, Labor, and Pensions."
- S. 1783: The Pension Security and Transparency Act of 2005
- On September 28, the Senate Finance Committee and the Senate Committee on Health, Education, Labor, and Pensions announced that they had reached a compromise on a pension reform bill for consideration by the full Senate. The compromise bill has been introduced as S. 1783, “The Pension Security and Transparency Act of 2005.” S. 1783 combines provisions of S. 219, “The National Employee Savings and Trust Equity Guarantee Act,” reported by the Finance Committee, and “The Defined Benefit Security Act,” reported by the Committee on Health, Education, Labor, and Pensions. This report summarizes the major provisions of the compromise bill, as announced by the chairmen and ranking members of the two committees.
- Abandoned Mine Land Fund Reauthorization: Selected Issues
- This report provides a summary of the structure of the Abandon Mine Land (AML) program, distribution of funds, and discusses major proposals considered in the 108th Congress.
- Abandoned Mine Reclamation Fee on Coal
- This report provides a summary about reclamation fee on coal to finance the Abandoned Mine Fund.
- Abortion: Justice O'Connor's Opinions
- This report examines Justice O'Connor's notable opinions on abortion, and explores her role in the development of the undue burden standard, adopted in 1992. Under the new standard, a reviewing court would consider whether an abortion restriction has the effect of imposing an "undue burden" on a woman's right to obtain an abortion.
- Abortion: Legislative Response
- The primary focus of this issue brief is legislative action with respect to abortion. However, discussion of those legislative proposals necessarily involves a brief discussion of the leading U.S. Supreme Court decisions concerning a woman’s right to choose whether to terminate her pregnancy. For a more detailed discussion of the relevant case law, see CRS Report 95-724, Abortion Law Development: A Brief Overview.
- Abortion: Legislative Response
- The primary focus of this issue brief is legislative action with respect to abortion. However, discussion of those legislative proposals necessarily involves a brief discussion of the leading U.S. Supreme Court decisions concerning a woman’s right to choose whether to terminate her pregnancy. For a more detailed discussion of the relevant case law, see CRS Report 95-724, Abortion Law Development: A Brief Overview.
- An Abridged View of the Gang Deterrence and Community Protection Act (H.R. 1279)
- This report summarizes the Gang Deterrence and Community Protection Act (H.R. 1279) and its effects. This includes information such as an increase in criminal penalties assigned to violent crimes and expanding the instances where juveniles could be tried as adults. For more information see CRS Report RL32946 "Gang Deterrence A Legal Analysis of H.R. 1279 With References to S. 155.
- The Acceptance of Gifts of Free Meals by Members of Congress
- This report outlines the rules by which Congress may accept free meals from outside private third parties. The report highlights that the most common exceptions to this rule are of de minimis value (under 50 dollars). Moreover, the report specifies that gifts from foreign agents, lobbyists, and those who have direct interest in congressional legislation are of the most concern.
- Access to Government Information In the United States
- The Constitution of the United States makes no specific allowance for any one of the co-equal branches to have access to information held by the others and contains no provision expressly establishing a procedure for, or a right of, public access to government information. Nonetheless, Congress has legislated various public access laws. These include two records access statutes — the Freedom of Information Act and the Privacy Act — and two meetings access statutes — the Federal Advisory Committee Act and the Government in the Sunshine Act. This report provides background on the issue of government transparency.
- Access to Government Information in the United States
- The Constitution of the United States makes no specific allowance for any one of the co-equal branches to have access to information held by the others and contains no provision expressly establishing a procedure for, or a right of, public access to government information. Nonetheless, Congress has legislated various public access laws. These include two records access statutes — the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a) — and two meetings access statutes — the Federal Advisory Committee Act (5 U.S.C. App.) and the Government in the Sunshine Act (5 U.S.C. 552b). Moreover, due to the American separation of powers model of government, interbranch conflicts over the accessibility of information are neither unexpected nor necessarily destructive. The federal courts, historically, have been reluctant to review and resolve “political questions” involving information disputes between Congress and the executive branch. Although there is considerable interbranch cooperation, such conflicts probably will continue to occur on occasion.
- Accounting and Management Problems at Freddie Mac
- This report summarizes the extent of accounting and management problems at Freddie Mac. The report highlights the issues of selecting policies to report constant earnings, and undertaking certain transactions for the sake of creating a facade of reported earnings. Finally, the report discusses the consequences of these problems by stating that many of the Freddie Mac's executives have been replaced, fines were issued, and a lawsuit occurred.
- Accounting Problems at Fannie Mae
- On September 22, 2004, the Office of Federal Housing Enterprise Supervision (OFHEO) made public a report that was highly critical of accounting methods at Fannie Mae, the government-sponsored enterprise that plays a leading role in the secondary mortgage market. OFHEO charged Fannie Mae with not following generally accepted accounting practices in two critical areas: (1) amortization of discounts, premiums, and fees involved in the purchase of home mortgages and (2) accounting for financial derivatives contracts. According to OFHEO, these deviations from standard accounting rules allowed Fannie Mae to reduce volatility in reported earnings, present investors with an artificial picture of steadily growing profits, and, in at least one case, to meet financial performance targets that triggered the payment of bonuses to company executives. On November 15, 2004, Fannie Mae reported that it was unable to file a third-quarter earnings statement because its auditor, KPMG, refused to sign off on the accounting results. On December 15, 2004, the Securities and Exchange Commission (SEC), after finding inadequacies in Fannie’s accounting policies and methodologies, directed Fannie Mae to restate its accounting results since 2001. Shortly thereafter, the company’s CEO and CFO resigned. It is estimated that earnings since 2001 will be revised downwards by as much as $12 billion, but the formal restatement of earnings is not expected before late 2006.
- Accreditation and the Reauthorization of the Higher Education Act
- This report summarizes the issues with reauthorizing the Higher Education Act (HEA) and highlights accreditation in particular. One consideration the report contains is the possibility of Congress changing the role accreditation plays in reference to financial aid for students. Moreover, the report considers the place of accreditation in reference to the overall quality of an academic institution.
- Active Military Sonar and Marine Mammals: Events and References
- The deployment of active sonar by the U.S. Navy and its potential impacts on marine mammals has been an ongoing issue of intense debate; regulatory, legislative, and judicial activity; and international concern. This report summarizes legal and political events related to active sonar and marine mammals since 1994. This report summarizes some of the more significant recent events pertaining to active military sonar, in particular.
- Active Military Sonar and Marine Mammals: Events and References
- The deployment of active sonar by the U.S. Navy and its potential impacts on marine mammals has been an ongoing issue of intense debate; regulatory, legislative, and judicial activity; and international concern. This report summarizes legal and political events related to active sonar and marine mammals since 1994. This report summarizes some of the more significant recent events pertaining to active military sonar, in particular.
- Active Sonar and Marine Mammals: Chronology with References
- The deployment of active sonar by the U.S. Navy and its potential impacts on marine mammals has been an ongoing issue of intense debate; regulatory, legislative, and judicial activity; and international concern. This report provides a chronology of significant events and documents since 1994.
- Active Sonar and Marine Mammals: Chronology with References
- The deployment of active sonar by the U.S. Navy and its potential impacts on marine mammals has been an ongoing issue of intense debate; regulatory, legislative, and judicial activity; and international concern. This report provides a chronology of significant events and documents since 1994.
- Adequate Yearly Progress (AYP): Implementation of the No Child Left Behind Act
- This report is intended to provide an overview of the Adequate Yearly Process (AYP) concept and several related issues, a description of the AYP provisions of the No Child Left Behind Act, and an analysis of the implementation of these provisions by the U.S. Department of Education (ED) and the states. It will be updated when major administrative actions are taken by ED, or substantial new data on state implementation become available.
- Adequate Yearly Progress (AYP): Implementation of the No Child Left Behind Act
- This report is intended to provide an overview of the Adequate Yearly Process (AYP) concept and several related issues, a description of the AYP provisions of the No Child Left Behind Act, and an analysis of the implementation of these provisions by the U.S. Department of Education (ED) and the states. It will be updated when major administrative actions are taken by ED, or substantial new data on state implementation become available.
- Adequate Yearly Progress (AYP): Might Growth Models Be Allowed Under the No Child Left Behind Act?
- The Environmental Protection Agency (EPA) is currently engaged in a series of regulatory actions to address the transport of ozone pollution in the eastern United States. This report reviews this situation with respect to an EPA-proposed Ozone Transport Rule and other activities.
- Adequate Yearly Progress (AYP): Might Growth Models Be Allowed Under the No Child Left Behind Act?
- This report analyses the adequate yearly progress model under the No Child Left Behind Act in terms of the range of possible models that could be used to find that information, what current model being used as implemented by the Department of Education, educational growth models and alternatives, if such models are in line with the original intent of the No Child Left Behind Act, and more.
- The Administration of Federal Student Loan Programs: Background and Provisions
- This report discusses the history and current status of federal student loan programs. Specifically, the report focuses on the Federal Family Education Loan (FFEL) and the William D. Ford Direct Loan (DL). Moreover, the report highlights differences in the two programs such as that the FFEL is financed by private lenders, while the DL is financed by the federal government.
- Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments
- Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. During the 108th Congress, the President urged Congress to expand and re-enforce statutory authority to use administrative subpoenas and national security letters in criminal and foreign intelligence investigations; and legislation was introduced for that purpose. Related proposals have been offered during the 109th Congress, some of which deal with national security letter authority. Proponents of expanded use emphasize the effectiveness of administrative subpoenas as an investigative tool and question the logic of its availability in drug and health care fraud cases but not in terrorism cases. Critics suggest that it is little more than a constitutionally suspect “trophy” power, easily abused and of little legitimate use.
- Administrative Subpoenas and National Security Letters in Criminal and Intelligence Investigations: A Sketch
- Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. Both the President and Members of Congress have called for statutory adjustments relating to the use of administrative subpoenas and national security letters in criminal and foreign intelligence investigations. One lower federal court has found the sweeping gag orders and lack of judicial review that mark one of the national security letter practices constitutionally defective. Proponents of expanded use emphasize the effectiveness of administrative subpoenas as an investigative tool and question the logic of its availability in drug and health care fraud cases but not in terrorism cases. Critics suggest that it is little more than a constitutionally suspect “trophy” power, easily abused and of little legitimate use. This is an abridged version — without footnotes, appendices, quotation marks and most citations to authority — of Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments, CRS Report RL32880.
- Adult Education and Literacy: Overview and Reauthorization Proposals of the 109th Congress
- The 109th Congress is considering the reauthorization of federal adult education and literacy programs. The Adult Education and Family Literacy Act (AEFLA) authorized these programs through FY2003. The primary AEFLA activity is a state grant program that supports education and literacy services for educationally disadvantaged adults. The AEFLA also authorizes national leadership activities in adult education and literacy, and the National Institute for Literacy. The FY2005 AEFLA appropriation is $585 million; the FY2006 budget request would reduce funding to $216 million. The AEFLA was enacted as Title II of the Workforce Investment Act of 1998 (WIA), P.L. 105-220, on August 7, 1998.
- Adult Education and Literacy: Reauthorization Proposals of the 108th Congress
- This report discusses how the 108th Congress considered, but ultimately did not reauthorize the federal adult education and literacy programs. Furthermore, the report covers what was passed specifically by the 108th Congress. The report largely examines the Adult Education and Family Literacy Act (AEFLA) and its funding.
- The Advanced Technology Program
- This report summarizes the Advanced Technology Program (ATP) and its creation. According to the report, the ATP was created to insure competitive technologies with broad applications throughout multiple industries. The report also covers information surrounding the budget of the program and its funding.
- The Advanced Technology Program
- This report summarizes the Advanced Technology Program (ATP) and its creation. According to the report, the ATP was created to insure competitive technologies with broad applications throughout multiple industries. The report also covers information surrounding the budget of the program and its funding.
- The Advanced Technology Program
- The Advanced Technology Program (ATP) was created by P.L. 100-418, the Omnibus Trade and Competitiveness Act of 1988, to encourage public-private cooperation in the development of pre-competitive technologies with broad application across industries. This activity has been targeted for elimination as a means to cut federal spending. Since FY2000, the original House-passed appropriation bills have not included funding for ATP. Many of the Administration’s budget requests have proposed termination of the program. However, ATP continues to be supported, although at levels below that achieved in FY1995 when the activity was expanded significantly. This report discusses funding (or lack thereof) appropriated for the ATP for FY2006.
- The Adverse Effect Wage Rate (AEWR)
- This report introduces the adverse effect wage rate (AEWR) and the concerns out of which it grew, from the perspective of labor policy (not of immigration policy). American agricultural employers have long utilized foreign workers on a temporary basis, regarding them as an important manpower resource. Often employed at low wages and under adverse conditions, such alien workers, some argue, may compete unfairly with U.S. workers. To mitigate any "adverse effect" for the domestic workforce, a system of wage floors was developed that applies, variously, both to alien and citizen workers.
- Affiliates in Banking, Finance, and Commerce: Development and Regulatory Background
- The proliferation of corporate affiliates in banking, finance, and commerce has figured in discussion of several policy issues, including how to protect against (1) losses incurred by affiliated companies; (2) anticompetitive “tying” of bank and nonbank financial services; and (3) misuse of financial data of consumers. This report outlines the nature and evolution of affiliates, primarily from a regulatory perspective. It provides background for discussing financial issues involving corporate affiliates.
- Affirmative Action: Justice O'Connor's Opinions
- This report briefly surveys decisions of retiring Justice Sandra Day O'Connor in affirmative action cases, an area where her opinions have frequently determined the outcome. An examination of Justice O'Connor's opinions reveals a gradual shift in perspective regarding the legal and constitutional standards to be applied in evaluating governmental affirmative action efforts, and the manner of their application in various legal and factual settings.
- Affirmative Action: Justice O'Connor's Opinions
- An examination of Justice O’Connor’s opinions reveals a gradual shift in perspective regarding the legal and constitutional standards to be applied in evaluating governmental affirmative action efforts, and the manner of their application in various legal and factual settings. This report briefly surveys decisions of retiring Justice Sandra Day O’Connor in affirmative action cases, an area where her opinions have frequently determined the outcome.
- Afghanistan: Narcotics and U.S. Policy
- This report describes the structure and development of the narcotics trade in Afghanistan and explores its relevance to Afghan, U.S., and international security interests, including the 9/11 Commission’s recommendation that the United States make a long term commitment to the stability and security of Afghanistan. The report provides current statistical information on the opium trade, profiles its various participants, explores alleged narco-terrorist linkages, and reviews the U.S. and international policy response since late 2001. The report also considers current policy debates regarding the role of the U.S. military in future counternarcotics operations in Afghanistan; planned opium poppy eradication; and funding issues for Congress.
- Afghanistan: Post-War Governance, Security, and U.S. Policy
- This report discusses post-war governance and security in Afghanistan after more than 22 years of warfare, including a U.S.- led war that brought the current government to power.
- Afghanistan: Post-War Governance, Security, and U.S. Policy
- This report covers the progress made in Afghan stabilization immediately following the war that brought the 2004 government to power. The report discusses decreased levels of insurgency, the lack of Al Qaeda's presence, and the increased amounts of freedom Afghan citizens are now enjoying under the new government. Moreover, the report summarizes the remaining obstacles to stability in the region.
- Afghanistan: Post-War Governance, Security, and U.S. Policy
- The United States and its allies are helping Afghanistan emerging from more than 22 years of warfare, although substantial risk to Afghan stability remains. Before the U.S. military campaign against the orthodox Islamist Taliban movement began on October 7, 2001, Afghanistan had been mired in conflict since the Soviet invasion of Afghanistan in 1979. The defeat of the Taliban has enabled the United States and its coalition partners to send forces throughout Afghanistan to search for Taliban and Al Qaeda fighters and leaders that remain at large, including Osama bin Laden. As the war against remaining Al Qaeda and Taliban elements winds down, the United States is shifting its military focus toward stabilizing the interim government, including training a new Afghan national army, and supporting the international security force (ISAF) that is helping the new government provide security.
- Afghanistan: Post-War Governance, Security, and U.S. Policy
- The United States and its allies are helping Afghanistan emerging from more than 22 years of warfare, although substantial risk to Afghan stability remains. Before the U.S. military campaign against the orthodox Islamist Taliban movement began on October 7, 2001, Afghanistan had been mired in conflict since the Soviet invasion of Afghanistan in 1979. The defeat of the Taliban has enabled the United States and its coalition partners to send forces throughout Afghanistan to search for Taliban and Al Qaeda fighters and leaders that remain at large, including Osama bin Laden. As the war against remaining Al Qaeda and Taliban elements winds down, the United States is shifting its military focus toward stabilizing the interim government, including training a new Afghan national army, and supporting the international security force (ISAF) that is helping the new government provide security.
- Afghanistan: Post-War Governance, Security, and U.S. Policy
- Afghanistan’s stabilization appears to be gathering strength, about three years after the U.S.-led war that brought the current government to power. Successful presidential elections held on October 9, 2004 appear to be accelerating political and economic reconstruction, and the insurgency led by remnants of the former Taliban regime has been diminishing significantly. Since the defeat of the Taliban, Afghanistan no longer serves as a safe base of operations for Al Qaeda. Remaining obstacles to stability include the continued local authority of militias controlled by regional leaders and growing narcotics trafficking. U.S. stabilization measures focus on strengthening the central government and its security forces. This report discusses U.S. efforts in Afghanistan at length, as well as the efforts of other countries around the world and the costs of U.S. aid to Afghanistan.
- Afghanistan: Post-War Governance, Security, and U.S. Policy
- The United States and its allies are helping Afghanistan emerging from more than 22 years of warfare, although substantial risk to Afghan stability remains. Before the U.S. military campaign against the orthodox Islamist Taliban movement began on October 7, 2001, Afghanistan had been mired in conflict since the Soviet invasion of Afghanistan in 1979. The defeat of the Taliban has enabled the United States and its coalition partners to send forces throughout Afghanistan to search for Taliban and Al Qaeda fighters and leaders that remain at large, including Osama bin Laden. As the war against remaining Al Qaeda and Taliban elements winds down, the United States is shifting its military focus toward stabilizing the interim government, including training a new Afghan national army, and supporting the international security force (ISAF) that is helping the new government provide security.
- Afghanistan: Post-War Governance, Security, and U.S. Policy
- The United States and its allies are helping Afghanistan emerging from more than 22 years of warfare, although substantial risk to Afghan stability remains. Before the U.S. military campaign against the orthodox Islamist Taliban movement began on October 7, 2001, Afghanistan had been mired in conflict since the Soviet invasion of Afghanistan in 1979. The defeat of the Taliban has enabled the United States and its coalition partners to send forces throughout Afghanistan to search for Taliban and Al Qaeda fighters and leaders that remain at large, including Osama bin Laden. As the war against remaining Al Qaeda and Taliban elements winds down, the United States is shifting its military focus toward stabilizing the interim government, including training a new Afghan national army, and supporting the international security force (ISAF) that is helping the new government provide security.
- Afghanistan: Post-War Governance, Security, and U.S. Policy
- The United States and its allies are helping Afghanistan emerging from more than 22 years of warfare, although substantial risk to Afghan stability remains. Before the U.S. military campaign against the orthodox Islamist Taliban movement began on October 7, 2001, Afghanistan had been mired in conflict since the Soviet invasion of Afghanistan in 1979. The defeat of the Taliban has enabled the United States and its coalition partners to send forces throughout Afghanistan to search for Taliban and Al Qaeda fighters and leaders that remain at large, including Osama bin Laden. As the war against remaining Al Qaeda and Taliban elements winds down, the United States is shifting its military focus toward stabilizing the interim government, including training a new Afghan national army, and supporting the international security force (ISAF) that is helping the new government provide security.
- 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. Parliamentary, provincial, and district elections were to be held in April-May 2005, but parliamentary and provincial elections are now to be held September 18, 2005; district elections are put off until 2006. See CRS Report RL30588, Afghanistan: Post-War Governance, Security, and U.S. Policy.