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Authority of a President to Modify or Eliminate a National Monument
President Clinton created a number of new national monuments, using authority given the President under the Antiquities Act of 1906. Many of the designations were controversial and renewed discussion of that Act and whether a President can modify or eliminate a Presidentially created national monument. This report examines that question.
Presidential and Vice Presidential Terms and Tenure
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Nomination and Confirmation of the FBI Director: Process and Recent History
This CRS Report for Congress details the process and recent history of the nomination and conformation of the FBI director.
Recess Appointments: Frequently Asked Questions
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Export Administration Act of 1979 Reauthorization
The Export Administration Act of 2001 was introduced on January 23, 2001. Hearings were held by the Senate Banking, Housing, and Urban Affairs Committee, and the bill was reported for consideration by the full Senate by a vote of 19-1 to March 22, 2001. A companion version in the House, H.R. 2581, was introduced by Rep. Gilmanon July 20, 2001. The House International Relations Committee reported the measure with 35 amendments on August 1. The Export Administration Act of 1979 expired on August 20, 2001, however the President extended export control authority and the Export Administration Regulations by invoking the International Emergency Economic Powers Act. During the 106th Congress, both houses held hearings on export control legislation and the Senate Banking Committee voted to adopt the Export Administration Act of 1999 (S. 1712, reported on October 8, 1999, S.Rept. 106-180).
Export Administration Act of 1979 Reauthorization
The Export Administration Act of 2001 was introduced on January 23, 2001. Hearings were held by the Senate Banking, Housing, and Urban Affairs Committee, and the bill was reported for consideration by the full Senate by a vote of 19-1 to March 22, 2001. A companion version in the House, H.R. 2581, was introduced by Rep. Gilmanon July 20, 2001. The House International Relations Committee reported the measure with 35 amendments on August 1. The Export Administration Act of 1979 expired on August 20, 2001, however the President extended export control authority and the Export Administration Regulations by invoking the International Emergency Economic Powers Act. During the 106th Congress, both houses held hearings on export control legislation and the Senate Banking Committee voted to adopt the Export Administration Act of 1999 (S. 1712, reported on October 8, 1999, S.Rept. 106-180).
Export Administration Act of 1979 Reauthorization
The Export Administration Act of 2001 was introduced on January 23, 2001. Hearings were held by the Senate Banking, Housing, and Urban Affairs Committee, and the bill was reported for consideration by the full Senate by a vote of 19-1 to March 22, 2001. A companion version in the House, H.R. 2581, was introduced by Rep. Gilmanon July 20, 2001. The House International Relations Committee reported the measure with 35 amendments on August 1. The Export Administration Act of 1979 expired on August 20, 2001, however the President extended export control authority and the Export Administration Regulations by invoking the International Emergency Economic Powers Act. During the 106th Congress, both houses held hearings on export control legislation and the Senate Banking Committee voted to adopt the Export Administration Act of 1999 (S. 1712, reported on October 8, 1999, S.Rept. 106-180).
Trade Promotion Authority (Fast-Track): Labor Issues (Including H.R. 3005 and H.R. 3009)
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Trade Promotion Authority (Fast-Track): Labor Issues (Including H.R. 3005 and H.R. 3019)
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Trade Promotion Authority (Fast-Track): Labor Issues (Including H.R. 3005 and H.R. 3019)
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Trade Agreement Implementation: Expedited Procedures and Congressional Control in Existing Law
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Trade Promotion (Fast-Track) Authority: H.R. 3005 Provisions and Related Issues
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War Powers Resolution: Presidential Compliance
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Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate
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War Powers Resolution: Presidential Compliance
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Supreme Court Nominations Not Confirmed, 1789-2004
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Elections Reform: Overview and Issues
This report discusses several issues as the Congress considers legislation to reform the voting process, a number of issues have emerged as part of the debate: the reliability of different types of voting technologies; voting problems and irregularities in the 2000 election; problems for militaryand overseas voters; the electoral college; and early media projections of election results.
National Emergency Powers
The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years.
National Emergency Powers
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War Powers Resolution: Presidential Compliance
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Presidential Claims of Executive Privilege: History, Law, Practice and Recent Developments
Presidential claims of a right to preserve the confidentiality of information and documents in the face of legislative demands have figured prominently, though intermittently, in executive-congressional relations since at least 1792, when the president Washington discussed with his cabinet how to respond to a congressional inquiry into the military debacle that befell General St. Clair's expedition. Few such interbranch disputes over access to information have reached the courts for substantive resolution, the vast majority achieving resolution through political negotiation and accommodation. In fact, it was not until the Watergate-related lawsuits in the 1970s seeking access to President Nixon's tapes that the existence of a presidential confidentiality privilege was judicially established as a necessary derivative of the President's status in our constitutional scheme of separated powers.
Evolution of the Senate's Role in the Nomination and Confirmation Process: A Brief History
Over time, the Senate has developed a series of procedures to deal with the concerns of its Members on nominations. First is the custom of senatorial courtesy, whereby Senators from the same party as the President might influence a nomination or kill it by objecting to it. This tradition has not always been absolute, but it has allowed Senators to play a fairly large role, particularly in the selection of nominees within a Senator’s home state, such as for district court judgeships.
Terrorist Attacks and National Emergency Declaration
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Item Veto and Expanded Impoundment Proposals
In recent years conflicting budget priorities and divided political control have accentuated the institutional tensions between the executive and legislative branches inherent in the federal budget process. President Bush, like his recent predecessors, has called for an item veto, or possibly expanded impoundment authority, to provide him with greater control over federal spending.
Congressional Access to Executive Branch Information: Legislative Tools
This report begins by reviewing the precedents established during the Washington Administration for withholding documents from Congress. Close examination reveals that the scope of presidential privilege is often exaggerated. Congress had access to more documentation than is commonly believed and might have had more had it pressed for it. Subsequent sections focus on various forms of congressional leverage: the power of the purse, the power to impeach, issuing congressional subpoenas, holding executive officials in contempt, House resolutions of inquiry, GAO investigations, and blocking nominations, all of which may force executive officials to release documents they would otherwise want to keep private and confidential. Even if Presidents announce perfectly plausible grounds for withholding documents, they may have to comply with the congressional will to achieve other more important goals.
The Chief Justice of the United States: Responsibilities of the Office and Process for Appointment
As part of Senate consideration, the Judiciary Committee holds hearings on the nominee and votes on whether to report the nomination favorably, unfavorably, or without recommendation. Regardless of the outcome of that vote, the reporting of a Supreme Court nomination sends it to the full Senate for debate and a vote. Like the President, Senators may evaluate the nominee by such standards as professional excellence, integrity, and leadership qualities, but may also (again, as the President is free to do) focus on the nominee's judicial philosophy, views on constitutional issues, or how they believe the appointment might affect the Court's future direction on major legal and constitutional issues.
Presidential Succession: An Overview with Analysis of Legislation Proposed in the 109th Congress
Whenever the office of President of the United States becomes vacant due to “removal ... death or resignation” of the chief executive, the Constitution provides that “the Vice President shall become President.” When the office of Vice President becomes vacant for any reason, the President nominates a successor, who must be confirmed by a majority vote of both houses of Congress. If both of these offices are vacant simultaneously, then, under the Succession Act of 1947, the Speaker of the House of Representatives becomes President, after resigning from the House and as Speaker. If the speakership is also vacant, then the President Pro Tempore of the Senate becomes President, after resigning from the Senate and as President Pro Tempore. If both of these offices are vacant, or if the incumbents fail to qualify for any reason, then cabinet officers are eligible to succeed, in the order established by law (3 U.S.C. §19, see Table 3). In every case, a potential successor must be duly sworn in his or her previous office, and must meet other constitutional requirements for the presidency, i.e., be at least 35 years of age, a “natural born citizen,” and for 14 years, a “resident within the United States.”
Recess Appointments: A Legal Overview
Article II of the Constitution provides that the President “shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and counsels, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for and which shall be established by law.” As a supplement to this authority, the The constitution further provides that “[t]he President shall have the Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.” The Recess Appointments Clause was designed to enable the President to ensure the unfettered operation of the government during periods when the Senate was not in session and therefore unable to perform its advice and consent function.
Executive Order 12919: Emergency Powers of the President
Executive Order 12919 concerns industrial preparedness during times of war and national emergency. This brief report uses simple language to describe what Executive Order 12919 does. It is intended to clarify common misunderstandings about the Order’s purpose and scope.
Social Security: Report of the President's Commission to Strengthen Social Security
This report describes the Commission’s three reform plans. The first plan would make no other changes to the program. The second plan would slow the growth of Social Security through one major provision that would index initial benefits to prices rather than wages. The third plan would slow future program growth through a variety of measures.
The NATO Summit at Prague, 2002
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The NATO Summit at Istanbul, 2004
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Palestinian President Mahmoud Abbas: Overview of Internal and External Challenges
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Palestinian President Mahmoud Abbas: Overview of Internal and External Challenges
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The Mid-Session Review of the President’s Budget: Timing Issues
The Budget and Accounting Act of 1921 established for the first time the requirement that the President annually submit a budget to Congress. Under current law (31 U.S.C. 1105(a)), the President is required to submit his annual budget on or after the first Monday in January, but no later than the first Monday in February.
A Presidential Item Veto
During a news conference on November 4, 2004, President George W. Bush stated that he “would like to see the President have a line-item veto again, one that passed constitutional muster. I think it would help the executive branch work with the legislative branch to make sure that we’re able to maintain budget discipline.” The Supreme Court struck down an earlier version of item-veto authority (the Line Item Veto Act of 1996) in Clinton v. City of New York, 524 U.S. 417 (1998), but several statutory alternatives are available. Options to the Line Item Veto Act have been proposed over the years, including an amendment to the Constitution to grant the President item-veto authority. The line-item veto is listed among several budget reform proposals included in the FY2005 budget, but a more specific recommendation is expected to be developed by the Administration and submitted to Congress at the start of the 109th Congress. This report analyzes the statutory and constitutional alternatives that are likely to be considered and will be updated as necessary.
Presidential Advisers' Testimony Before Congressional Committees: An Overview
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Informing Congress: The Role of the Executive in Times of War and Military Conflict, 1941-2001
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Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding
This report provides information about the Presidential Declarations, Eligible Activities, and Funding on Federal Stafford Act Disaster Assistance. Congress appropriates money to DRF for disaster assistance authorized by the Stafford Act, which is administered by FEMA.
Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding
This report provides information about the Presidential Declarations, Eligible Activities, and Funding on Federal Stafford Act Disaster Assistance. Congress appropriates money to DRF for disaster assistance authorized by the Stafford Act, which is administered by FEMA.
Davis-Bacon Suspension and Its Legislative Aftermath
During the last week of August 2005, Hurricane Katrina gathered strength in the Atlantic and moved against the gulf states. On September 8, 2005, amid the devastation left in Katrina’s wake, President George W. Bush suspended the Davis-Bacon Act as it applies to certain jurisdictions in Florida, Alabama, Mississippi, and Louisiana. Although the President has the authority, under Section 6 of the Act, to render such suspensions during a national emergency, that authority has rarely been utilized.1 This report analyzes the legislative aftermath of the suspension.
Presidential and Vice Presidential Succession: Overview and Current Legislation
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Item Veto: Budgetary Savings
Congressional interest in an item veto for the President may resurface during the 109th Congress. At a news conference on November 4, 2004, President George W. Bush expressed an interest in receiving item-veto authority “to maintain budget discipline.”
The Davis-Bacon Act: Suspension
The Davis-Bacon Act is one of several statutes that deals with federal government procurement. Enacted in 1931, Davis-Bacon requires, inter alia, that not less than the locally prevailing wage be paid to workers engaged in federal contract construction. This report reviews the several cases during which the Davis-Bacon Act was suspended and will likely be updated as developments make necessary.
Prevailing Wage Requirements and the Emergency Suspension of the Davis-Bacon Act
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Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900-2005
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The Intersection Between the Former Presidents Act and the Impeachment Process
This report is on The Intersection Between the Former Presidents Act and the Impeachment Process.
Social Security Reform: Effect on Benefits and the Federal Budget of Plans Proposed by the President's Commission to Strengthen Social Security
In 2001, President Bush established the President’s Commission to Strengthen Social Security to make recommendations on ways to “modernize and restore fiscal soundness to the Social Security system” in accordance with six principles, one of which mandated the creation of voluntary personal retirement accounts. The Commission proposed three alternative reform models. Under all three proposals, workers could choose to invest in personal accounts and have their traditional Social Security benefits reduced by some amount. Model 1 would make no other changes to the program.
The American Electoral College: Origins, Development, Proposals for Reform or Abolition
This report is a comprehensive annotated bibliography of substantive books, monographs, articles, and documents treating the origins, evolution, and current operational characteristics of the U.S. electoral college system, as well as proposals for its reform or abolition. An explanatory introduction is provided for readers unfamiliar with the issue.
Proper Scope of Questioning of Supreme Court Nominees: The Current Debate
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