Congressional Research Service Reports - 21 Matching Results

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The Property Rights Issue
The property rights issue arises because societal goals are sometimes pursued through government restrictions on the use of private property. At bottom, it is the age-old conflict between public goals and private rights.
The Property Rights Implementation Act of 1998
On July 7, 1998, Senator Hatch introduced S. 2271, the "Property Rights Implementation Act of 1998." The bill appears to be the likely replacement on the Senate floor for H.R. 1534 as reported by the Senate Committee on the Judiciary. S. 2271 retains the basic "process" approach of its predecessor, but makes numerous changes. Among these are a restriction of H.R. 1534's takings-ripeness provisions to real property rather than all types of property, a new definition of "futility," different restrictions on district court abstention, and new provisions as to attorneys fees and prior notice applicable to parties suing local governments for takings under 42 U.S.C. sec. 1983.
Property Rights: Comparison of H.R. 9 as Passed and S. 605 as Reported
The leading property rights bills in the Congress are the Contract with America-derived H.R. 9 (Division B), as passed by the House in March, 1995, and S. 605, as reported from the Committee on the Judiciary.
"Property Rights" Bills Take a Process Approach: H.R. 992 and H.R. 1534
In the 105th Congress, the property rights agenda has shifted from "compensation" to "process" bills. While the former would ease the standards for when property owners harmed by government action are compensated, the new approach simply streamlines how federal courts handle such claims. This report examines the three leading process bills -- H.R. 992, House-passed H.R. 1534, and Senate-reported H.R. 1534. The bills embody two process approaches: allowing property owners suing the United States to bring invalidation and compensation claims in the same court, and lowering abstention and ripeness barriers when suing local governments in federal court for property rights violations.
Religious Persecution Abroad: Congressional Concerns and Actions
The 105 Congress has sought to raise the priority of combating religious persecution worldwide among U.S. foreign policy objectives. The difficulty has been in agreeing on legislation that would effectively deal with religious persecution without adversely affecting other important U.S. interests. On May 14, 1998, the House passed H.R. 2431 (the Freedom from Religious Persecution Act of 1998) establishing in the State Department a Director of the Office of Religious Persecution Monitoring who is to issue an annual report assessing religious persecution abroad. The legislation places sanctions on countries and groups that carry out or permit such activities. The Senate may soon consider S. 1868 establishing an office in the Department of State to monitor religious persecution headed by an Ambassador at Large and requiring the President to take some action from a broad list of options against countries found engaging in or tolerating religious persecution.
Immigration-Related Provisions of Selected Bills on Religious Persecution
This report analyzes immigration-related provisions of H.R. 2431, the “Freedom from Religious Persecution Act,” as passed by the House on May 14, 1998, and S. 1868, the “International Religious Freedom Act,” as introduced in the Senate.
The Law of Church and State: The Proposed Religious Freedom Amendment, H.J. Res. 78
This report summarizes legislative developments on the proposal and briefly analyzes its likely legal effect if added to the Constitution.
The Religious Freedom Amendment: H.J. Res. 78, As Reported by the House Judiciary Committee
This report details the legislative, political, and legal contexts of H.J.Res 78 (Religious Freedom Amendment) and analyzes its legal effect.
Encryption Technology: Congressional Issues
This report discusses primarily, the controversy over encryption concerns what access the government should have to encrypted stored computer data or electronic communications (voice and data, wired and wireless) for law enforcement purposes.
Online Privacy Protection: Issues and Developments
It is routinely acknowledged that the success of the Internet and electronic commerce depends upon the resolution of issues related to the privacy of online personal information. This paper discusses some potential threats to the privacy of online personal information, and efforts by businesses, governments, and citizens to respond to them. The paper also provides an overview of the legal framework for the protection of personal information. Individuals and businesses increasingly rely upon computers to transact business and to access the Internet. Online users may voluntarily disclose personal information, such information is often collected by Web sites for commercial purposes. The proliferation of online personal information has focused the attention of citizens, businesses, and governments on the issue.
The Religious Freedom Restoration Act: Its Rise, Fall, and Current Status
This report briefly summarizes Employment Division, Oregon Department of Human Resources v. Smith, the legislative history of the Religious Freedom Restoration Act (RFRA), the Supreme Court's decision in City of Boerne, Texas v. Flores, and RFRA's current legal status, and notes the introduction of the Religious Liberty Protection Act (RLPA).
The "Son of Sam" Case: Legislative Implications
In Simon & Schuster, Inc. v. Members of the new York State Crime Victims Board, the U.S. Supreme Court held that New York State's "Son of Sam" law was inconsistent with the First Amendment's guarantee of freedom of speech and press. This report examines the Supreme Court decision and then considers whether its rationale renders the federal law unconstitutional. Concluding that it likely does, the report considers whether it would be possible to enact a constitutional Son-of-Sam statute. Finally, the report takes note of some state Son-of-Sam statutes that have been enacted since the Supreme Court decision.
Courts Rulings During 1994 on Constitutional Taking Claims Against the United States
In 1994, the second session of the 103rd Congress saw the political pressure exerted by property rights bills ascend new heights. Members supporting property rights legislation sought to add such provisions to nearly every major environmental bill. Opponents, including several committee chairmen, therefore declined to move the bills, and gridlock resulted.
The Endangered Species Act and Private Property
If the 103rd Congress embarks upon an effort to reauthorize the Endangered Species Act (ESA), it will run into an old acquaintance: the property rights issue. As now written, the ESA has at least the potential to curtail property rights (whatever its actual impact as implemented may be). This report explores the legal repercussions of those impacts, especially whether they constitute takings of property under the fifth amendment of the U.S. Constitution.
Tobacco Advertising: Whether the FDA's Restrictions Violate Freedom of Speech
No Description Available.
Tobacco Advertising: The Constitutionality of Limiting its Tax Deductibility
No Description Available.
Tobacco Marketing and Advertising Restrictions in S. 1648, 105th Congress: First Amendment Issues
No Description Available.
Tobacco Marketing and Advertising Restrictions in S. 1415, 105th Congress: First Amendment Issues
No Description Available.
Russia's Religion Law: Assessments and Implications
This short report provides an overview and assessment of Russian religion law. On September 26, 1997, Russian President Boris Yeltsin signed the religion bill into law, and implementing regulations were promulgated in early 1998. The Administration and Congress have raised concerns that the law may restrict religion and have urged Russia to uphold its international commitments to religious freedom. The FY1998 Foreign Aid Appropriations Act (P.L. 105-118) prohibits the Freedom Support Act aid to Russia unless the President determines and certifies that the Russian government has not discriminated against religious groups in violation of its international commitments. The determination was released on May 26, 1998, finding that Russia has not violated such commitments, but that U.S. officials would continue to monitor the situation.
Restrictions on Minors' Access to Material on the Internet
No Description Available.
Haiti: Efforts to Restore President Aristide, 1991-1994
This report tracks the efforts to restore to office President Aristide of Haiti between the years 1991-1994. During this period, the main U.S. foreign policy concern was the restoration of the democratic process to Haiti. Closely related to this was the issue of Haitians attempting to flee to the United States by boat. Congressional concerns focused on human rights, Haitian migration, socioeconomic conditions, and drug trafficking.
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