Congressional Research Service Reports - 1,109 Matching Results

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Environmental Protection: Defense-Related Programs: The Department of Defense (DOD) operates six environmental programs that address cleanup of past contamination at military facilities, compliance with environmental laws and regulations that apply to current activities, cleanup at military bases being closed, pollution prevention, natural resource conservation, and environmental technology. In addition, the Department of Energy (DOE) is responsible for managing defense nuclear waste generated from the past production of atomic materials used to construct nuclear weapons and for remediating contaminated sites. For FY1999, the Administration has requested a total of $10. 14 billion for DOD and DOE's defense-related environmental activities, which represents about 3.7% of the total request of $271.6 billion for national defense and is roughly 1.6% below the FY1998 funding level of $l0.30 billion.
Terrorism: U.S. Response to Bombings in Kenya and Tanzania: A New Policy Direction?: No Description Available.
The International Criminal Court Treaty: Description, Policy Issues, and Congressional Concerns: This report discusses the events leading to the creation of a permanent international criminal tribunal and U.S. perspectives on the Court including: problematic provisions in the ICC Treaty, congressional considerations, and potential implications for U.S. foreign policy.
Foreign Corrupt Practices Act: This report gives an overview of the Foreign Corrupt Practices Act of 1977, which was intended to prohibit bribery of foreign officials by American corporations. It includes information about the original legislation, amendments in 1988, and amendments in 1998 that brought the legislation into conformance with the Organization for Economic Cooperation and Development's agreement on bribery.
Gun Industry Liability: Lawsuits and Legislation: This report discusses gun industry liability issues after the Maryland Court of Appeals announced that it was changing the common law "to hold the manufacturers and marketers of Saturday Night Special handguns strictly liable to innocent persons who suffer gunshot injuries from the criminal use of their products." Kelley v. R.G. Industries, Inc., 497 A.2d 1143, 1159 (Md. 1985).
The D.C. Circuit Remands the Ozone and Particulate Matter Clean-Air Standards:: On May 14, 1999, in American Trucking Ass'ns v. EPA, a U.S. court of Appeals ruled that deficiencies in EPA's promulgation of new primary and secondary air quality standards required that they be remanded to the agency for further consideration. The decision is controversial, in part because the two-judge majority opinion relied principally on a long-moribund legal doctrine known as the nondelegation doctrine. The decision, if it survives appeal, will thus have implications for all delegations of congressional authority to agencies. In addition, its holding that the revised ozone ambient standard cannot be enforced has sparkled debate. By itself, however, the decision is unlikely to have major short-term effects on the ozone and particulate matter control programs
Air Quality: EPA's Ozone Transport Rule, OTAG, and Section 216 Petitions - A Hazy Situation?: The 1990 Clean Air Act Amendments provided the Environmental Protection Agency (EPA) and the states with new tool to address the problem of interstate transport of air pollutants. This report discusses the actions undertaken as a direct result of this act, additional pollution reduction enforcement measures pursued by the EPA, and actions undertaken by states to reduce offending emissions not in compliance with these measures.
Crime and Forfeiture: The Innocent Third Party: Forfeiture has survived through time in American law, and since 1984, the use of forfeiture statutes to divest felons of their spoils has increased substantially. This report reviews the case law which raises the issue concerning many relative to whether some civil forfeiture proceedings constitute punishment which may violate the Eighth Amendment's excessive fines clause.
Highway Fund Sanctions and Conformity Under the Clean Air Act: This report discusses two Clean Air Act provisions that can result in denial of federal highway funding to local areas: sanctions and the lapse of what is called "conformity." Under the Clean Air Act, the Administrator of the Environmental Protection Agency is required to impose highway fund or other sanctions on areas that have not submitted or not implemented adequate plans to attain air quality standards. In addition, federal agencies may not provide financial support to transportation improvements in areas that have not attained air quality standards, unless the improvements conform with the State Implementation Plan for achieving air quality. This report provides information concerning the authority to impose sanctions and to make conformity determinations, lists the areas that have been subject to sanctions determinations since 1990, describes their current status, and discusses the role of sanctions and alternatives under the Act. This report will be updated as developments warrant.
Afghanistan: Connections to Islamic Movements In Central and South Asia and Southern Russia: After several years of relative peace in Central Asia and southern Russia, Islamic extremist movements have become more active in Russia and in Central and South Asia, threatening stability in the region. Although numerous factors might account for the upsurge in activity, several of these movements appear to have connections to the Islamic fundamentalist Taliban regime in Afghanistan. These linkages raise questions about whether the United States, as part of a broader effort to promote peace and stability in the region, should continue to engage the Taliban regime, or strongly confront it. This report will be updated as events warrant.
Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2000: Although Congress authorizes most federal programs for multiple years, it annually authorizes programs for national defense as well as appropriating funding for them each fiscal year. Of the activities traditionally authorized and funded, the Department of Defense (DOD) administers the following six environmental programs: environmental restoration, compliance, cleanup at base closure sites, pollution prevention, environmental technology, and natural resource conservation.
EPA's Total Maximum Daily Load (TMDL) Program: Highlights of Proposed Changes and Impacts on Agriculture: In August 1999 the Environmental Protection Agency (EPA) proposed regulations to clarify and strengthen the Total Maximum Daily Load (TMDL) program under section 303(d) of the Clean Water Act. Section 303(d) requires states to identify surface waters for which wastewater discharge limits are not stringent enough to achieve water quality standards and to allocate further required pollutant reductions among sources in order to attain those standards. This report discusses the major changes in EPA's proposals, compared with existing regulatory program requirements, and potential impacts on agriculture and forestry sources, which have been controversial.
Victims' Rights Amendment: Proposals to Amend the United States Constitution in the 106th Congress: No Description Available.
Sexual Harassment and Violence Against Women: Developments in Federal Law: Gender-based discrimination, harassment, and violence against women in the home, workplace, and society at large are continuing topics of legislative and judicial concern. Legal doctrines condemning the extortion of sexual favors as a condition of employment or job advancement, and other sexually offensive workplace behaviors resulting in a "hostile environment," have evolved from judicial decisions under Title VII of the 1964 Civil Rights Act and related federal laws.
The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law: The Posse Comitatus Act outlaws willful use of any part of the Army or Air Force to execute the law unless expressly authorized by the Constitution or an Act of Congress. History supplies the grist for an argument that the Constitution prohibits military involvement in civilian affairs subject to only limited alterations by Congress or the President, but the courts do not appear to have ever accepted the argument unless a violation of more explicit constitutional command could also be shown. The provision for express constitutional authorization when in fact the The constitution contains no such express authorizations has been explained alternatively as a meaningless political face-saving device or as an unartful reference to the President's constitutional powers.
EPA's Total Maximum Daily Load (TMDL) Program: Highlights of the Final Revised Rule: This report discusses the final rule and the key modifications of the August 1999 proposal. The final rule builds on the current TMDL regulatory program and adds details, specific requirements, and deadlines. It retains the basic elements of the 1999 proposal for more comprehensive identification of impaired waters, schedules and minimum elements for TMDLs, and new public participation requirements. At the same time, dropped from the final rule are several provisions that were most controversial in the proposal, including some potentially affecting agriculture and forestry, one that would have required pollutant discharge offsets in some circumstances, and one that would have required states to identify waters threatened but not yet impaired by pollution
Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2001: The Department of Defense operates six environmental programs: cleanup of past contamination at military facilities, acceleration of cleanup at military bases designated for closure, compliance with environmental laws and regulations that apply to ongoing military operations, pollution prevention, natural resource conservation, and environmental technology. In addition to these activities, the Department of Energy is responsible for managing defense nuclear waste and remediating contaminated sites. This report discusses the federal laws that established these programs, describes their scope and purpose, provides a history of appropriations, indicates the President’s budget request for FY2001, examines authorization and appropriations legislation for FY2001, and discusses other relevant legislation considered in the 106th Congress.
Police and Law Enforcement: Selected Issues: No Description Available.
Prisons: Policy Options for Congress: No Description Available.
Clean Air Standards: The Supreme Court Agrees to Review: In May, 2000, the Supreme Court agreed to review this decision, raising the prospect of a major pronouncement on the non-delegation doctrine, the enforceability of the revised ozone standard, and the role of compliance costs in setting nationwide air quality standards.
The Current Palestinian Uprising: Al-Aqsa Intifadah: Facing a September 13, 2000 deadline for concluding a comprehensive Israeli- Palestinian agreement on all permanent status issues, President Bill Clinton convened a trilateral summit with Israeli Prime Minister Ehud Barak and Palestine Liberation Organization (PLO) Chairman Yasser Arafat at Camp David on July 11, 2000. The summit, which lasted until July 24, 2000, did not produce an agreement. Members of 106th Congress responded to the al-Aqsa Intifadah by introducing bills that supported Israel’s actions, encouraged the U.S. Administration to oppose any anti-Israel resolutions in the United Nations, called upon Palestinians to negotiate a resolution, and proposed cutting foreign assistance to the Palestinians if they did not stop the uprising.
Superfund and Natural Resource Damages: No Description Available.
Terrorism, the Future, and U.S. Foreign Policy: No Description Available.
Federal Mandatory Minimum Sentencing Statutes: An Overview of Legislation in the 106th Congress: This report discusses federal mandatory minimum sentencing statutes, which demand that execution or incarceration follow criminal conviction. They cover drug dealing, murdering federal officials, and using a gun to commit a federal crime. They circumscribe judicial sentencing discretion. They have been criticized as unthinkingly harsh and incompatible with a rational sentencing guideline system; yet they have also been embraced as hallmarks of truth in sentence and a certain means of incapacitating the criminally dangerous.
Victims' Rights Amendment in the 106th Congress: Overview of Suggestions to Amend the Constitution: No Description Available.
Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2001: The Department of Defense operates six environmental programs: cleanup of past contamination at military facilities, acceleration of cleanup at military bases designated for closure, compliance with environmental laws and regulations that apply to ongoing military operations, pollution prevention, natural resource conservation, and environmental technology. In addition to these activities, the Department of Energy is responsible for managing defense nuclear waste and remediating contaminated sites. This report discusses the federal laws that established these programs, describes their scope and purpose, provides a history of appropriations, indicates the President’s budget request for FY2001, examines authorization and appropriations legislation for FY2001, and discusses other relevant legislation considered in the 106th Congress.
Drug Control: International Policy and Options: Over the past decade, worldwide production of illicit drugs has risen dramatically: opium and marijuana production has roughly doubled and coca production tripled. Street prices of cocaine and heroin have fallen significantly in the past 20 years, reflecting increased availability. Despite apparent national political resolve to deal with the drug problem, inherent contradictions regularly appear between U.S. anti-drug policy and other national policy goals and concerns. The mix of competing domestic and international pressures and priorities has produced an ongoing series of disputes within and between the legislative and executive branches concerning U.S. international drug policy. One contentious issue has been the Congressionally-mandated certification process, an instrument designed to induce specified drug-exporting countries to prioritize or pay more attention to the fight against narcotics businesses.
Crime Control: The Federal Response: Under the federal system in the United States, the states and localities traditionally have held the major responsibility for prevention and control of crime and maintenance of order. For most of the Republic’s history, “police powers” in the broad sense were reserved to the states under the Tenth Amendment to the Constitution. Many still hold that view, but others see a string of court decisions in recent decades as providing the basis for a far more active federal role. Several bills are discussed in this report that address issues related to crime, juvenile justice, and school violence.
DNA Evidence: Legislative Initiatives in the 106th Congress: DNA evidence is a powerful forensic tool in criminal cases. Its use and capabilities have increased substantially since it was first introduced in the late 1980s. That growth has led to the emergence of the following issues that were considered by the 106th Congress in legislative initiatives: eliminating the nationwide backlog of unanalyzed DNA samples, expanding the kinds of offenders who are profiled, providing opportunities for post-conviction testing of DNA evidence, and continuing development of forensic science capabilities. This report discusses those and related issues and the legislation proposed and enacted to address them. It begins by describing provisions in prior federal law and then discusses issues and the legislation proposed, including the enacted DNA Analysis Backlog Elimination Act of 2000 (H.R. 4640, which became P.L. 106-546).
Terrorist Attack on USS Cole: Background and Issues for Congress: No Description Available.
Jonathan Pollard: Background and Considerations for Presidential Clemency: No Description Available.
Mexico's Counter-Narcotics Efforts under Zedillo and Fox, December 1994-March 2001: No Description Available.
Terrorism and the Military's Role in Domestic Crisis Management: Background and Issues for Congress: No Description Available.
Welfare Law and Domestic Violence: No Description Available.
Cyberwarfare: Cyberwarfare raises issues of growing national interest and concern. Cyberwarfare can be used to describe various aspects of defending and attacking information and computer networks in cyberspace, as well as denying an adversary’s ability to do the same. Some major problems encountered with cyber attacks, in particular, are the difficulty in determining the origin and nature of the attack and in assessing the damage incurred.
Privacy: An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping: This report discusses laws making it illegal to wiretap telephones or eavesdrop on other forms of telecommunication and electronic communication, such as email, without a court order.
Trafficking in Women and Children: The U.S. and International Response: No Description Available.
Water Quality: Implementing the Clean Water Act: Congress enacted the most recent major amendments to the Clean Water Act in 1987 (P.L. 100-4). Since then, the Environmental Protection Agency (EPA), states, and others have been working to implement the many program changes and additions mandated in the law. At issue today, as it has been for some time, is what progress EPA and the states are making. In general, many states and environmental groups fault EPA for delays in issuing guidance and assistance needed to carry out the provisions of the law. EPA and others are critical of states, in turn, for not reaching beyond conventional knowledge and institutional approaches to address their water quality problems. Environmental groups have been criticized for insufficient recognition of EPA's and states' need for flexibility to implement the Act. Finally, Congress has been criticized for not providing adequate funding and resources to meet EPA and state needs.
Response to Terrorism: Legal Aspects of the Use of Military Force: No Description Available.
Terrorism, the Future, and U.S. Foreign Policy: No Description Available.
Terrorism: World Trade Center and the Pentagon – Applicable Federal Criminal Law: The death and destruction associated with the hijacking of four commercial airliners constitute federal crimes that outlaw air piracy, murder, and kidnapping. Relevant statutes carry the death penalty and apply to any accomplices or coconspirators here or abroad.
Terrorism: Some Legal Restrictions on Military Assistance to Domestic Authorities Following a Terrorist Attack: The Constitution empowers the President to act as Commander in Chief of the armed forces and to see to the execution of federal law; it gives Congress the authority to make federal law including laws for the regulation of the armed forces. The Posse Comitatus Act prohibits the use of the armed forces to perform civilian governmental tasks unless explicitly authorized to do so. There are statutory exceptions to ensure continued enforcement of state and federal law, to provide disaster assistance, and to provide technical support for law enforcement. There are constitutional impediments to the use of the military to nationalize an industry, to try civilians, and to compel state officials to perform federally-imposed duties.
Terrorism, the Future, and U.S. Foreign Policy: No Description Available.
Terrorism at Home and Abroad: Applicable Federal and State Criminal Laws: Terrorists’ attacks on the World Trade Center, the Pentagon, the Murrah building in Oklahoma City, and the American Embassies in Kenya and Tanzania have stimulated demands that the terrorists responsible and those like them be brought to justice. American criminal law already proscribes many of these acts of terrorism and there have been proposals to expand that coverage. This is a brief overview of the state and federal laws that now prohibit terrorism in this country and abroad.
"Terrorism" and Related Terms in Statute and Regulation: Selected Language: Congress is considering revised definitions of “terrorism” and related terms in the context of the proposed “Anti-Terrorism Act of 2001.” While the proposed definitions relate to criminal law and immigration law, hundreds of other federal statutes and regulations already define “terrorism” and related terms in a variety of other contexts. However, these statutes and regulations ultimately refer to an extremely small set of statutory definitions, current criminal law and immigration definitions being among them. This report provides the current text of these fundamental definitions. The report will be updated as action on new antiterrorism law proceeds.
Terrorism Abroad: A Quick Look at Applicable Federal and State Laws: Terrorists' attacks on the World Trade Center, the Pentagon, the Murrah Federal Building in Oklahoma City and the American Embassies in Kenya and Tanzania have stimulated demands that the terrorists responsible and those like them be brought to justice. American criminal law already proscribes many of these acts of terrorism and there have been proposals to expand that coverage.
Terrorism at Home: A Quick Look at Applicable Federal and State Criminal Laws: Terrorists' attacks on the World Trade Center, the Pentagon, the Murrah Federal Building in Oklahoma City and the American Embassies in Kenya and Tanzania have stimulated demands that the terrorists responsible and those like them be brought to justice. American criminal law already proscribes many of these acts of terrorism and there have been proposals to expand that coverage. The conduct we most often associate with terrorism – bombings, assassinations, armed assaults, kidnapping, threats – are generally outlawed by both federal and state law. The federal approach builds upon individual national interests: the protection of federal officers, ensuring the safety of foreign diplomatic officials, guaranteeing the safety and integrity of the mails and the channels of interstate and foreign commerce, and honoring our international obligations.
Race-Based Civil Dentention for Security Purposes: The current crisis has caused concern that measures implemented to fight terrorism will have a disproportionately negative effect on innocent Arab-Americans, Muslims, and aliens with ties to the Middle East. The purpose of this report is to address the issues surrounding race-based civil detention for security purposes.
Violence Against Women Act: History, Federal Funding, and Reauthorizing Legislation: No Description Available.
Latin America: Terrorism Issues and Implications for U.S. Policy: Latin American nations strongly condemned the September 11, 2001 attacks on NewYork and Washington and took action through the Organization of American States and the Rio Treaty to strengthen hemispheric cooperation against terrorism and express solidarity with the United States. Many nations are taking actions to investigate possible regional linkages with the Osama bin Laden terrorist network, and to ensure that their financial sectors are not being used by terrorists. In the aftermath of the attacks, the U.S. policy toward the region will likely include a re-invigorated security agenda, with the development of new cooperative mechanisms against terrorism. The terrorist attacks will have implications in several areas, including the extent of hemispheric cooperation against terrorism, anti-money laundering efforts, Andean counter-narcotics strategy, the trade agenda, regional economic stability, and policy toward Mexico and Cuba.

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