Congressional Research Service Reports - 393 Matching Results

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Constitutionality of Requiring Sexually Explicit Material on the Internet to be Under a Separate Domain Name: It is unclear whether making a “.xxx” domain mandatory would violate the First Amendment. Some propose making use of a “.xxx” domain voluntary, but others propose that Congress make it mandatory. The latter proposal raises the question whether a mandatory separate domain would violate the First Amendment, and this report focuses on that question.
The Law of the Sea Convention and U.S. Policy: This report provides an overview of the law of the sea convention and U.S. policy.
S. 852: The Fairness in Asbestos Injury Resolution Act of 2005: This report provides an overview of S. 852, the Fairness in Asbestos Injury Resolution (FAIR) Act of 2005. The bill would establish the Office of Asbestos Disease Compensation to award damages to asbestos claimants from the Asbestos Injury Claims Resolution Fund.
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice: This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
Monopoly and Monopolization — Fundamental But Separate Concepts in U.S. Antitrust Law: This report will attempt to illustrate the difference between the concepts of "monopoly" and "monopolization" by touching on the monopoly/monopolization thinking in the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC).
Iranian Nuclear Sites: This report describes Iran's known nuclear sites listed in official International Atomic Energy Agency (IAEA) reports and includes a map with the location of the nuclear facilities. For further information and analysis of Iran's nuclear programs, see CRS Report RS21592, Iran's Nuclear Program: Recent Developments, by Sharon Squassoni; and CRS Report RL32048 Iran: U.S. Concerns and Policy Responses, by Kenneth Katzman.
Iraq: Elections, Government, and Constitution: This report is regarding the Elections, Government, and constitutions of Iraq.
Extraterritorial Application of American Criminal Law: Crime is ordinarily proscribed, tried and punished according to the laws on the place where it occurs. American criminal law applies beyond the geographical confines of the United States, however, under some limited circumstances. The federal exceptions to the general rule usually involve crimes like drug trafficking, terrorism, or crimes committed aboard a ship or airplane. State prosecution for overseas misconduct is limited almost exclusively to multijurisdictional crimes, i.e., crimes where some elements of the offense are committed within the state and others are committed abroad. The Constitution, Congress, and state law define the circumstances under which American criminal law may be used against crimes occurring, in whole or in part, outside the United States
The Endangered Species Act and "Sound Science": This report provides a context for evaluating legislative proposals through examples of how science has been used in selected cases, a discussion of the nature and role of science in general, and its role in the Endangered Species Act (ESA) process in particular, together with general and agency information quality requirements and policies, and a review of how the courts have viewed agency use of science.
Pandemic Flu and Medical Biodefense Countermeasure Liability Legislation: P.L. 109-148, Division C (2005): No Description Available.
Statutory Interpretation: General Principles and Recent Trends: No Description Available.
Tariff Modifications: Miscellaneous Duty Suspension Bills: This report focuses briefly on the reasons that duty suspensions have merited congressional attention and on the current procedure by which congressional committees evaluate and select commodities for inclusion in more comprehensive legislation.
Internet Gambling: Overview of Federal Criminal Law: This report is a brief summary of the federal criminal status implicated by conducting illegal gambling using the internet. It also discusses some of the constitutional issues associated with prosecuting illegal internet gambling.
Safe Drinking Water Act: Implementation and Issues: This report discusses key drinking water issues in the 109th Congress, including problems caused by specific contaminants, such as methyl tertiary butyl ether (MTBE) and perchlorate, as well as the related issue of the appropriate federal role in providing financial assistance for water infrastructure projects.
Safe Drinking Water Act: Implementation and Issues: This report discusses key drinking water issues in the 109th Congress, which have included problems caused by specific contaminants, such as methyl tertiary butyl ether (MTBE) and perchlorate, as well as the related issue of the appropriate federal role in providing financial assistance for water infrastructure projects. Congress last reauthorized the Safe Drinking Water Act (SDWA) in 1996, and although funding authority for most SDWA programs expired in FY2003, broad reauthorization bills have not been proposed, as the Environmental Protection Agency (EPA), states, and water systems remain busy implementing the 1996 amendments.
Breastfeeding: Federal Legislation: This is a report about Breastfeeding, specifically the Federal Legislation about it.
The Environmental Opinions of Judge Samuel Alito: This report is based on a review of all the reported environmental decisions of the Third Circuit in which Judge Alito was on the three-judge panel that initially decided the case, or in the en banc group of judges that heard the case on review of the panel decision. It does not confine itself, as did the recently reported Washington Post study, to Third Circuit opinions in which there was a dissent.2 We construe “environmental” broadly to include insurance coverage, Fourth Amendment, and other issues arising in an environmental context — and included 34 decisions in our review.
The Uniformed and Overseas Citizens Absentee Voting Act: Background and Issues: No Description Available.
Interrogation of Detainees: Overview of the McCain Amendment: Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain amendment.” This report discusses the McCain amendment, as modified and subsequently enacted into law.
Interrogation of Detainees: Overview of the McCain Amendment: Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain Amendment.” This report discusses the McCain Amendment, as modified and subsequently enacted into law.
USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 (S. 2271): No Description Available.
USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 (S. 2271): No Description Available.
Energy Efficiency and Renewable Energy Legislation in the 109th Congress: This report reviews the status of energy efficiency and renewable energy legislation introduced during the 109th Congress. Action in the second session has focused on appropriations bills; the first session focused on omnibus energy policy bill H.R. 6, H.R. 3, and several appropriations bills. For each bill listed in this report, a brief description and a summary of action are given, including references to committee hearings and reports. Also, a selected list of hearings on renewable energy is included. This report supplements the tracking of issues that appear in CRS Issue Brief IB10020 and CRS Issue Brief IB10041.
Energy Efficiency and Renewable Energy Legislation in the 109th Congress: This report reviews the status of energy efficiency and renewable energy legislation introduced during the 109th Congress. Action in the second session has focused on appropriations bills; the first session focused on omnibus energy policy bill H.R. 6 and several appropriations bills. this report describes several major pieces of legislation, including the Energy Policy Act of 2005 and the Transportation Equity Act. For each bill listed in this report, a brief description and a summary of action are given, including references to committee hearings and reports. Also, a selected list of hearings on renewable energy is included.
Energy Efficiency and Renewable Energy Legislation in the 109th Congress: This report reviews the status of energy efficiency and renewable energy legislation introduced during the 109th Congress. Action in the second session has focused on appropriations bills; the first session focused on omnibus energy policy bill H.R. 6 and several appropriations bills. this report describes several major pieces of legislation, including the Energy Policy Act of 2005 and the Transportation Equity Act. For each bill listed in this report, a brief description and a summary of action are given, including references to committee hearings and reports. Also, a selected list of hearings on renewable energy is included.
Energy Efficiency and Renewable Energy Legislation in the 109th Congress: This report reviews the status of energy efficiency and renewable energy legislation introduced during the 109th Congress. Action in the second session has focused on appropriations bills; the first session focused on omnibus energy policy bill H.R. 6 and several appropriations bills. this report describes several major pieces of legislation, including the Energy Policy Act of 2005 and the Transportation Equity Act. For each bill listed in this report, a brief description and a summary of action are given, including references to committee hearings and reports. Also, a selected list of hearings on renewable energy is included.
Energy Efficiency and Renewable Energy Legislation in the 109th Congress: This report reviews the status of energy efficiency and renewable energy legislation introduced during the 109th Congress. Action in the second session has focused on appropriations bills; the first session focused on omnibus energy policy bill H.R. 6 and several appropriations bills. this report describes several major pieces of legislation, including the Energy Policy Act of 2005 and the Transportation Equity Act. For each bill listed in this report, a brief description and a summary of action are given, including references to committee hearings and reports. Also, a selected list of hearings on renewable energy is included.
Energy Efficiency and Renewable Energy Legislation in the 109th Congress: This report reviews the status of energy efficiency and renewable energy legislation introduced during the 109th Congress. Action in the second session has focused on appropriations bills; the first session focused on omnibus energy policy bill H.R. 6 and several appropriations bills. this report describes several major pieces of legislation, including the Energy Policy Act of 2005 and the Transportation Equity Act. For each bill listed in this report, a brief description and a summary of action are given, including references to committee hearings and reports. Also, a selected list of hearings on renewable energy is included.
Energy Efficiency and Renewable Energy Legislation in the 109th Congress: This report reviews the status of energy efficiency and renewable energy legislation introduced during the 109th Congress. Action in the second session has focused on appropriations bills; the first session focused on omnibus energy policy bill H.R. 6 and several appropriations bills. this report describes several major pieces of legislation, including the Energy Policy Act of 2005 and the Transportation Equity Act. For each bill listed in this report, a brief description and a summary of action are given, including references to committee hearings and reports. Also, a selected list of hearings on renewable energy is included.
Treatment of "Battlefield Detainees" in the War on Terrorism: No Description Available.
Influenza Antiviral Drugs and Patent Law Issues: This report identifies and analyzes the patent law aspects of the avian influenza drug situation.
The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices: The 109th Congress is considering proposals to amend the Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§1531-1543). Major issues in recent years have included changing the role of science in decision-making, modifying critical habitat (CH) procedures, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton Administration. This report identifies other bills that have been introduced in the 109th Congress to address specific concerns related to how the ESA is implemented and how endangered species are managed.
The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices: The 109th Congress is considering proposals to amend the Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§1531-1543). Major issues in recent years have included changing the role of science in decision-making, modifying critical habitat (CH) procedures, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton Administration. This report identifies other bills that have been introduced in the 109th Congress to address specific concerns related to how the ESA is implemented and how endangered species are managed.
Background and Legal Issues Related to Stem Cell Research: In August 2001, President Bush announced that federal funds, with certain restrictions, may be used to conduct research on human embryonic stem cells. Federal research is limited to “the more than 60” existing stem cell lines that were derived (1) with the informed consent of the donors; (2) from excess embryos created solely for reproductive purposes; and (3) without any financial inducements to the donors. No federal funds may be used for the derivation or use of stem cell lines derived from newly destroyed embryos; the creation of any human embryos for research purposes; or cloning of human embryos for any purposes.
The Iran-Libya Sanctions Act (ILSA): This report outlines the background and original passage of the ILSA (Iran-Libya Sanctions Act), its key provisions which excluded Libya from the act, its implementation and effectiveness and the proposed modifications and extensions to the ILSA.
Enforcing Immigration Law: The Role of State and Local Law Enforcement: This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
Enforcing Immigration Law: The Role of State and Local Law Enforcement: This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
The Wetlands Coverage of the Clean Water Act is Revisited by the Supreme Court: Rapanos and Carabell: Twice in the past, the Supreme Court has grappled with issues as to the geographic scope of the wetlands permitting program in the federal Clean Water Act (CWA). On October 11, 2005, the Supreme Court agreed to hear two more cases (consolidated by the Court) addressing such questions — both from the SixthCircuit. In Rapanos v. United States, the issue is whether the permitting program applies to wetlands that are only distantly connected to traditional navigable waters — i.e., or at least do not actually abut them. In Carabell v. U.S. Army Corps of Engineers, the issue is whether the program reaches wetlands that are not hydrologically connected to any “water of the United States,” the CWA term that defines the act’s geographic reach. Both cases also raise a constitutional question: assuming that the disputed CWA coverage exists, did Congress, in enacting the CWA, exceed its authority under the Commerce Clause of the Constitution? Implicating hot-button legal issues such as federal-state relations under the Commerce Clause and private property rights, and affecting the reach of several CWA provisions outside the permitting program, the Court’s decision is sure to be of great interest.
The Wetlands Coverage of the Clean Water Act is Revisited by the Supreme Court: Rapanos and Carabell: Twice in the past, the Supreme Court has grappled with issues as to the geographic scope of the wetlands permitting program in the federal Clean Water Act (CWA). On October 11, 2005, the Supreme Court agreed to hear two more cases (consolidated by the Court) addressing such questions — both from the SixthCircuit. In Rapanos v. United States, the issue is whether the permitting program applies to wetlands that are only distantly connected to traditional navigable waters — i.e., or at least do not actually abut them. In Carabell v. U.S. Army Corps of Engineers, the issue is whether the program reaches wetlands that are not hydrologically connected to any “water of the United States,” the CWA term that defines the act’s geographic reach. Both cases also raise a constitutional question: assuming that the disputed CWA coverage exists, did Congress, in enacting the CWA, exceed its authority under the Commerce Clause of the Constitution? Implicating hot-button legal issues such as federal-state relations under the Commerce Clause and private property rights, and affecting the reach of several CWA provisions outside the permitting program, the Court’s decision is sure to be of great interest. 0
Enforcing Immigration Law: The Role of State and Local Law Enforcement: This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
The Americans with Disabilities Act and Emergency Preparedness and Response: This report addresses the the Americans with Disabilities Act and Emergency Preparedness and Response.
Animal Waste and Hazardous Substances: Current Laws and Legislative Issues: This report describes the provisions of Superfund and EPCRA and enforcement actions under the then Current Laws and also addresses the Legislative Issues regarding Animal Waste and Hazardous Substances.
Border Security and Military Support: Legal Authorizations and Restrictions: This report discusses Legal Authorizations and Restrictions related to Border Security and Military Support.
Venue: A Brief Look at Federal Law Governing Where a Federal Crime May Be Tried: No Description Available.
Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis: Administrative subpoena 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. As a constitutional matter, the Fourth Amendment only demands that administrative subpoenas be "reasonable." Although more extensive proposals were offered in the 108th Congress, the law enforcement related administrative subpoena proposals in the 109th Congress appear in S. 600, relating to the Secretary of State’s responsibilities to protect U.S. foreign missions and foreign dignitaries visiting this country; in H.R. 3726, relating to federal obscenity investigations; and in H.R. 4170, relating to the apprehension of fugitives charged with, or convicted of, federal or state felonies. This report is available abridged – without footnotes, appendices, and most of the citations to authority – as CRS Report RS22407, Administrative Subpoenas in Criminal Investigations: A Sketch, by Charles Doyle.
Administrative Subpoenas in Criminal Investigations: A Sketch: Administrative subpoena 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. Proposals in the 109th Congress for greater use of administrative subpoenas in a law enforcement context appear in S. 600, relating to the Secretary of State’s responsibilities to protect U.S. foreign missions and foreign dignitaries visiting this country; in H.R. 3726, relating to federal obscenity investigations; and in H.R. 4170, relating to the apprehension of fugitives charged with, or convicted of, federal or state felonies. This is an abridged version — without footnotes, appendices, quotation marks and most citations to authority — of CRS Report RL33321, Administrative Subpoenas in Criminal Investigations: Background and Proposed Adjustments, by Charles Doyle.
State and Local Sales and Use Taxes and Internet Commerce: In theory, state sales and use taxes are based on the destination principle, which prescribes that taxes should be paid where the consumption takes place. States are concerned because they anticipate gradually losing more tax revenue as the growth of Internet commerce allows more residents to buy products from vendors located out-of-state and evade use taxes. The size of the revenue loss from Internet commerce and subsequent tax evasion is uncertain. Congress is involved in this issue because commerce conducted by parties in different states over the Internet falls under the Commerce Clause of the Constitution. The degree of congressional involvement is an open question.
Terrorist Surveillance Act of 2006: S. 3931 and Title II of S. 3929, the Terrorist Tracking, Identification, and Prosecution Act of 2006: No Description Available.
Energy Efficiency and Renewable Energy Legislation in the 109th Congress: This report reviews the status of energy efficiency and renewable energy legislation introduced during the 109th Congress. Action in the second session has focused on appropriations bills; the first session focused on omnibus energy policy bill H.R. 6 and several appropriations bills. this report describes several major pieces of legislation, including the Energy Policy Act of 2005 and the Transportation Equity Act. For each bill listed in this report, a brief description and a summary of action are given, including references to committee hearings and reports. Also, a selected list of hearings on renewable energy is included.
The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices: This report discusses various proposals to amend the Endangered Species Act of 1973 (ESA; P.L. 93-205, 16 U.S.C. §§1531-1543). Major issues include changing the role of science in decision-making, modifying critical habitat (CH) procedures, reducing conflicts with Department of Defense activities, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others.

Congressional Research Service Reports - 393 Matching Results

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