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 Decade: 2010-2019
 Year: 2010
 Collection: Congressional Research Service Reports
Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures
This report discusses the standards and procedures that federal agencies use in making responsibility determinations under the Federal Acquisition Regulation (FAR). It discusses (1) how responsibility determinations relate to other mechanisms that the government relies upon to ensure that contractors are responsible and otherwise eligible for federal contracts; (2) the performance-related and collateral standards used in making responsibility determinations; (3) the procedures for making responsibility determinations; and (4) recently enacted or proposed amendments to the standards or procedures for responsibility determinations. digital.library.unt.edu/ark:/67531/metadc31340/
Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures
This report discusses the standards and procedures that federal agencies use in making responsibility determinations under the Federal Acquisition Regulation (FAR). As a general rule, government agencies contract with the lowest qualified responsible bidder or offeror. Responsibility is an attribute of the contractor, while price and qualifications are attributes of the bid or offer. Under the FAR, "[n]o purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility." digital.library.unt.edu/ark:/67531/metadc490971/
Perjury Under Federal Law: A Brief Overview
This report describes perjury under federal law, including a definition as well as in-depth explorations of the three general federal perjury laws. This report is available in abbreviated form - without footnotes, quotations, or citations - as CRS Report 98-807, Perjury Under Federal Law: A Sketch of the Elements. digital.library.unt.edu/ark:/67531/metadc29557/
Obstruction of Justice: An Abridged Overview of Related Federal Criminal Laws
This report briefly discusses obstruction of justice, which is defined as the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. This is an abridged version of CRS Report RL34304, Obstruction of Justice: An Overview of Some of the Federal Statutes That Prohibit Interference with Judicial, Executive, or Legislative Activities, by Charles Doyle, without the footnotes, quotations, or citations to authority found in the longer report. digital.library.unt.edu/ark:/67531/metadc29752/
Obstruction of Congress: An Abridged Overview of Federal Criminal Laws Relating to Interference with Congressional Activities
This report briefly discusses obstruction of justice, specifically regarding Congressional activities. Obstruction of justice is defined as the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. This is an abridged version of CRS Report RL34304, Obstruction of Congress: A Brief Overview of Federal Law Relating to Interference with Congressional Activities, by Charles Doyle, without the footnotes, quotations, or citations to authority found in the longer report. digital.library.unt.edu/ark:/67531/metadc29753/
Perjury Under Federal Law: A Sketch of the Elements
This report discusses the three general federal perjury laws. This report is an abbreviated version of CRS Report 98-808, Perjury Under Federal Law: A Brief Overview, by Charles Doyle, stripped of most footnotes, quotations, citations, and bibliography. digital.library.unt.edu/ark:/67531/metadc29556/
Obstruction of Justice: An Overview of Some of the Federal Statutes That Prohibit Interference with Judicial, Executive, or Legislative Activities
Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime. In fact, federal obstruction of justice laws are legion; too many for even passing reference to all of them in a single report. This is a brief description of the some of the more prominent. digital.library.unt.edu/ark:/67531/metadc29700/
Obstruction of Congress: A Brief Overview of Federal Law Relating to Interference with Congressional Activities
Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime. In fact, federal obstruction of justice laws are legion; too many for even passing reference to all of them in a single report. This is a brief description of those that outlaw interference with congressional activities. digital.library.unt.edu/ark:/67531/metadc29701/
Authority of State and Local Police to Enforce Federal Immigration Law
This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly, analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice. digital.library.unt.edu/ark:/67531/metadc31375/
The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology
Congressional interest in facilitating U.S. technological innovation led to the passage of P.L. 96-517, Amendments to the Patent and Trademark Act, commonly referred to as the "Bayh-Dole Act" after its two main sponsors former Senators Robert Dole and Birch Bayh. Under this 1980 law, as amended, title to inventions made with government support is provided to the contractor if that contractor is a small business, a university, or other non-profit institution. This report discusses the rationale behind the passage of P.L. 96-517, its provisions, and implementation of the law. digital.library.unt.edu/ark:/67531/metadc31403/
Authority of State and Local Police to Enforce Federal Immigration Law
This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly, analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice. digital.library.unt.edu/ark:/67531/metadc93845/
Immigration Reform Issues in the 111th Congress
This report synthesizes the multi-tiered debate over immigration reform into key elements: legal immigration; legalization; immigration control; refugees, asylees, and humanitarian migrants; and alien rights, benefits, and responsibilities. It delineates the issues for the 111th Congress on permanent residence, temporary admissions, border security, worksite enforcement, employment eligibility verification, document fraud, criminal aliens, and the grounds for inadmissibility. digital.library.unt.edu/ark:/67531/metadc29566/
Piracy: A Legal Definition
This report first examines the historical development of the offense of piracy, as defined by Congress and codified in the United States Code. The focus then turns to how contemporary international agreements define piracy. Finally, the report highlights developments in two trials involving charges of piracy in the federal district court in Norfolk, VA, United States v. Said and United States v. Hasan, specifically focusing on how the courts interpreted the definition of piracy under 18 U.S.C. § 1651. digital.library.unt.edu/ark:/67531/metadc491492/
Federal Agency Actions Following the Supreme Court's Climate Change Decision: A Chronology
This report presents a chronology of major federal agency actions taken in the wake of Massachusetts v. EPA. In Massachusetts v. EPA, the Court held that greenhouse gases (GHGs), widely viewed as contributing to climate change, constitute "air pollutants" as that phrase is used in the Clean Air Act (CAA). As a result, said the Court, the U.S. Environmental Protection Agency (EPA) had improperly denied a petition seeking CAA regulation of GHGs from new motor vehicles by saying the agency lacked authority over such emissions. digital.library.unt.edu/ark:/67531/metadc490869/
Immigration Legislation and Issues in the 111th Congress
The 111th Congress has considered various immigration issues and has enacted a number of targeted immigration provisions. It has passed legislation to extend the life of several immigration programs--the E-Verify electronic employment eligibility verification system, the Immigrant Investor Regional Center Program, the Conrad State J-1 Waiver Program, and the special immigrant visa for religious workers--all of which are currently authorized until September 30, 2012. Among the other subjects of legislation enacted by this Congress are refugees and border security. This report discusses these and other immigration-related issues that have seen legislative action or are of significant congressional interest. digital.library.unt.edu/ark:/67531/metadc501863/
Pandemic Flu and Medical Biodefense Countermeasure Liability Limitation
This report analyzes Division C of the Department of Defense Emergency Supplemental Appropriations, P.L. 109-148, which was signed into law on December 30, 2005, and which limits liability with respect to pandemic flu and other public health countermeasures. digital.library.unt.edu/ark:/67531/metadc503349/
False Patent Marking: Litigation and Legislation
This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future. digital.library.unt.edu/ark:/67531/metadc31372/
State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070
On April 23, 2010, Arizona enacted S.B. 1070, which is designed to discourage and deter the entry or presence of aliens who lack lawful status under federal immigration law. This report discusses this piece of legislation and some of the notable preemption issues raised by its provisions. Where relevant, it examines the district court's ruling that the federal government is likely to succeed on the merits of its arguments that certain sections of S.B. 1070 are preempted by federal law. It also discusses other preemption issues potentially raised by S.B. 1070 or similar legislation, including some issues that were not expressly addressed by the district court in its preliminary ruling. digital.library.unt.edu/ark:/67531/metadc29589/
Telework for Executive Agency Employees: A Side-by-Side Comparison of Legislation Pending in the 111th Congress
This report discusses legislation (S. 707 and H.R. 1722) designed to foster the development of telework in executive agencies of the federal government. digital.library.unt.edu/ark:/67531/metadc29711/
Piracy: A Legal Definition
Pirate attacks in the waters off the Horn of Africa, including those on U.S.-flagged vessels, have brought continued U.S. and international attention to the long-standing problem of piracy in the region. A recent development in one of the piracy trials in Norfolk, VA, has highlighted a potential limitation in the definition of piracy under the United States Code. This report first examines the historical development of the offense of piracy, as defined by Congress and codified in the United States Code. The focus then turns to how contemporary international agreements define piracy. Finally, the report highlights a recent federal district court ruling that the offense of piracy under 18 U.S.C. § 1651 requires a robbery at sea. digital.library.unt.edu/ark:/67531/metadc29617/
State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070
This report discusses S.B. 1070 and some of the notable preemption issues raised by some of its provisions. Where relevant, it examines the district court's ruling that the federal government is likely to succeed on the merits of its arguments that certain sections of S.B. 1070 are preempted by federal law. It also discusses other preemption issues potentially raised by S.B. 1070 or similar legislation, including some issues that were not expressly addressed by the district court in its preliminary ruling. digital.library.unt.edu/ark:/67531/metadc83946/
Cybercrime: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws
The federal computer fraud and abuse statute, 18 U.S.C. 1030, outlaws conduct that victimizes computer systems. It is a cyber security law. It protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills cracks and gaps in the protection afforded by other federal criminal laws. This is a brief sketch of Section 1030 and some of its federal statutory companions, including the amendments found in the Identity Theft Enforcement and Restitution Act. digital.library.unt.edu/ark:/67531/metadc83829/
Pay Equity Legislation
This report begins by showing the trend in the male-female wage gap and by examining the explanations that have been offered for its enduring presence. It next discusses the major laws directed at eliminating sex-based wage discrimination as well as relevant federal court cases. The report closes with a description of pay equity legislation that has been considered by Congress in recent years, including bills introduced in the 111th Congress. digital.library.unt.edu/ark:/67531/metadc29645/
False Patent Marking: Litigation and Legislation
This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future. digital.library.unt.edu/ark:/67531/metadc29608/
"Robo-Signing" and Other Alleged Documentation Problems in Judicial and Nonjudicial Foreclosure Processes
Recent depositions involving major servicers, including GMAC Mortgage, J.P. Morgan Chase, and Wells Fargo, have raised concerns about "robo-signing" -- the practice of having a small number of individuals sign a large number of affidavits and other legal documents submitted to courts and other public authorities by mortgage companies to execute foreclosure. This report explores concerns related to these issues by explaining the mortgage market process, procedural problems that have surfaced during foreclosure proceedings, and other relevant information. digital.library.unt.edu/ark:/67531/metadc29633/
Telework for Executive Agency Employees: A Side-by-Side Comparison of Legislation Pending in the 111th Congress
This report discusses legislation (S. 707 and H.R. 1722) designed to foster the development of telework in executive agencies of the federal government. digital.library.unt.edu/ark:/67531/metadc491158/
U.S. Citizenship and Immigration Services' Immigration Fees and Adjudication Costs: Proposed Adjustments and Historical Context
This report discusses the U.S. Citizenship and Immigration Service's (USCIS) newly proposed fee schedule for immigration services. Issues for Congress to consider might include how USCIS fees have been computed and justified; whether anticipated revenue from revised fees will cover agency costs; how fiscal shortfalls might be funded; and what impact higher fees might have on the applicant pool. digital.library.unt.edu/ark:/67531/metadc491582/
The National Directory of New Hires
This report details the National Directory of New Hires - including its background, how data is managed in the directory, and concerns regarding the directory. digital.library.unt.edu/ark:/67531/metadc491366/
Legislative Approaches to Defining "Waters of the United States"
This report seeks to clarify the scope of the Clean Water Act (CWA) in the wake of Supreme Court decisions in 2001 and 2006 that interpreted the law's jurisdiction more narrowly than prior case law. digital.library.unt.edu/ark:/67531/metadc491565/
U.S. Sanctions on Burma
This report provides a brief history of U.S. policy towards Burma and the development of U.S. sanctions, a topical summary of those sanctions, and an examination of additional sanctions that have been considered, but not enacted, by Congress, or that could be imposed under existing law or executive orders. The report concludes with a discussion of options for Congress. digital.library.unt.edu/ark:/67531/metadc490968/
Lobbying the Executive Branch: Current Practices and Options for Change
This report outlines the development of registration requirements for lobbyists engaging executive branch officials since 1995. It also summarizes steps taken by the Obama Administration to limit and monitor lobbying of the executive branch; discusses the development and implementation of restrictions placed on lobbying for Recovery Act and EESA funds; examines the Obama Administration's decision to stop appointing lobbyists to federal advisory bodies and committees; considers third-party criticism of current executive branch lobbying policies; and provides options for possible modifications in current lobbying laws and practices. digital.library.unt.edu/ark:/67531/metadc490884/
Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements
This report summarizes the Safe Drinking Water Act (SDWA) and its major programs and regulatory requirements. The SDWA, Title XIV of the Public Health Service Act, is the key federal law for protecting public water supplies from harmful contaminants. First enacted in 1974 and substantially amended in 1986 and 1996, the act is administered through programs that establish standards and treatment requirements for public water supplies, control underground injection of wastes, finance infrastructure projects, and protect sources of drinking water. digital.library.unt.edu/ark:/67531/metadc490868/
The 2010 Oil Spill: The Minerals Management Service (MMS) and the National Environmental Policy Act (NEPA)
This report will review environmental procedures after an exploratory oil well in the Gulf of Mexico exploded, killing 11 people and causing an oil spill. digital.library.unt.edu/ark:/67531/metadc501823/
Environmental Considerations in Federal Procurement: An Overview of the Legal Authorities and Their Implementation
This report discusses issues about the role of environmental considerations in federal procurement. These include: to what extent do agencies consider environmental factors when procuring goods or services? What legal authorities presently require or allow agencies to take environmental factors into account when acquiring goods or services? digital.library.unt.edu/ark:/67531/metadc501539/
Federalism Issues in Surface Transportation Policy: Past and Present
This report provides a historical perspective on contemporary federalism issues in surface transportation policy that are likely to be addressed by Congress during the 111th Congress, including possible devolution of programmatic responsibility to states and proposals to change state maintenance-of-effort requirements and state cost matching requirements. digital.library.unt.edu/ark:/67531/metadc501543/
Federalism Issues in Surface Transportation Policy: Past and Present
This report provides a historical perspective on contemporary federalism issues in surface transportation policy that are likely to be addressed by Congress during the 111th Congress, including possible devolution of programmatic responsibility to states and proposals to change state maintenance-of-effort requirements and state cost matching requirements. digital.library.unt.edu/ark:/67531/metadc501610/
Leaking Underground Storage Tanks (USTs): Prevention and Cleanup
This report addresses a nationwide water pollution problem caused by leaking underground storage tanks (USTs). The report discusses key issue that state resources have not met the demands of administering the underground storage tanks (UST) leak prevention program. digital.library.unt.edu/ark:/67531/metadc501887/
Telework for Executive Agency Employees: A Side-by-Side Comparison of Legislation Pending in the 111th Congress
The 111th Congress is considering legislation (S. 707 and H.R. 1722) to foster the development of telework in executive agencies of the federal government. Legislation to augment telework in executive agencies of the federal government is currently pending in the 111th Congress. S. 707, the Telework Enhancement Act of 2009, and H.R. 1722, the Telework Improvements Act of 2010, were introduced on March 25, 2009, by Senator Daniel Akaka and Representative John Sarbanes, respectively. This report presents a side-by-side comparison of the provisions of S. 707, as reported, and H.R. 1722, as ordered to be reported. digital.library.unt.edu/ark:/67531/metadc501677/
Telework for Executive Agency Employees: A Side-by-Side Comparison of Legislation Pending in the 111th Congress
The 111th Congress is considering legislation (S. 707 and H.R. 1722) to foster the development of telework in executive agencies of the federal government. Legislation to augment telework in executive agencies of the federal government is currently pending in the 111th Congress. S. 707, the Telework Enhancement Act of 2009, and H.R. 1722, the Telework Improvements Act of 2010, were introduced on March 25, 2009, by Senator Daniel Akaka and Representative John Sarbanes, respectively. This report presents a side-by-side comparison of the provisions of S. 707, as reported, and H.R. 1722, as ordered to be reported. digital.library.unt.edu/ark:/67531/metadc501699/
State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070
This report discusses the major provisions of S.B.1070, as modified by H.B. 2162, and the legal and constitutional considerations possibly implicated by their implementation. The report focuses primarily on those provisions that require state enforcement of federal immigration law and impose criminal penalties for immigration-related conduct, and discusses preemption issues that might be raised by these measures. digital.library.unt.edu/ark:/67531/metadc501829/
Legislative Approaches to Defining "Waters of the United States"
This report seeks to clarify the scope of the Clean Water Act (CWA) in the wake of Supreme Court decisions in 2001 and 2006 that interpreted the law's jurisdiction more narrowly than prior case law. digital.library.unt.edu/ark:/67531/metadc501952/
Pipeline Safety and Security: Federal Programs
This report discusses congressional interest in securing the nation's pipelines. Nearly half a million miles of oil and natural gas transmission pipeline crisscross the United States. While an efficient and fundamentally safe means of transport, many pipelines carry hazardous materials with the potential to cause public injury and environmental damage. digital.library.unt.edu/ark:/67531/metadc503418/
Permissible Securities Activities of Commercial Banks Under the Glass-Steagall Act (GSA) and the Gramm-Leach-Bliley Act (GLBA)
This report explains the extent to which commercial banks, their subsidiaries, and affiliates were able to engage in securities activities, including securities underwriting, dealing, and brokerage, under the authorities of the Glass-Steagall Act (GSA) and other pre-GLBA (Gramm-Leach-Bliley Act) banking laws, most notably the Bank Holding Company Act of 1956 (BHCA; 70 Stat. 133). It also discusses how the volume and scope of these securities activities expanded over time, and how the GLBA changed the GSA construct by facilitating affiliations among commercial banks and securities firms.. digital.library.unt.edu/ark:/67531/metadc503609/
U.S. Immigration Policy on Permanent Admissions
This report discusses the four major principles underlie current U.S. policy on permanent immigration: the reunification of families, the admission of immigrants with needed skills, the protection of refugees, and the diversity of admissions by country of origin. digital.library.unt.edu/ark:/67531/metadc503299/
An Overview of Recent U.S. Supreme Court Jurisprudence in Patent Law
This report provides a brief summary of the Supreme Court's patent law jurisprudence in the following nine cases that have been decided since 2005: Merck KGaA v. Integra Lifesciences I, Unitherm Food Systems v. Swift-Eckrich, Illinois Tool Works v. Independent Ink, eBay v. MercExchange, Laboratory Corporation of America Holdings v. Metabolite Labs., MedImmune v. Genentech, KSR International Co. v. Teleflex Inc., Microsoft v. AT&T, Quanta Computer, Inc. v. LG Electronics, Inc., and Bilski v. Kappos. digital.library.unt.edu/ark:/67531/metadc31425/
Extraterritorial Application of American Criminal Law
Crime is ordinarily proscribed, tried, and punished according to the laws of the place where it occurs. American criminal law applies beyond the geographical confines of the United States, however, under certain limited circumstances. A surprising number of federal criminal statutes have extraterritorial application, but prosecutions have been few. This may be because when extraterritorial criminal jurisdiction does exist, practical and legal complications, and sometimes diplomatic considerations, may counsel against its exercise. digital.library.unt.edu/ark:/67531/metadc29483/
Oil Pollution Act of 1990 (OPA): Liability of Responsible Parties
The Oil Pollution Act of 1990 (OPA) establishes a framework that addresses the liability of responsible parties in connection with the discharge of oil into the navigable waters of the United States, adjoining shorelines, or the exclusive economic zone. Among other provisions, OPA limits certain liabilities of a responsible party in connection with discharges of oil into such areas. This report addresses liability under OPA for removal costs and damages, and the basic procedure for recovering removal costs and damages from the Oil Spill Liability Trust Fund in the event that the responsible party fails to settle such claims. digital.library.unt.edu/ark:/67531/metadc491360/
Spectrum Policy: Public Safety and Wireless Communications Interference
This report discusses the rebanding plan announced by the Federal Communications Commission in 2004 to consolidate public safety frequencies and those used by some other operators, such as utilities. The plan was announce in an attempt to eliminate interference caused by the close proximity and interleaving of commercial and public safety channels. digital.library.unt.edu/ark:/67531/metadc491504/
Community Oriented Policing Services (COPS): Current Legislative Issues
This report provides an overview and analysis of issues Congress might choose to consider when taking up legislation to reauthorize the Community Oriented Policing Services (COPS) program. digital.library.unt.edu/ark:/67531/metadc491431/
Litigation Seeking to Establish Climate Change Impacts as a Common Law Nuisance
This report discusses recent legislative initiatives seeking to establish climate change impacts as a common law nuisance. The report explains what private and public nuisances are, the issues faced by policymakers when litigating a climate-change/nuisance suit, and also discusses five climate-chance/nuisance suits that are now or formerly active, as a basis of comparison. The report also explores arguments of those both for and against addressing the complex issue of climate change through common law suits. digital.library.unt.edu/ark:/67531/metadc491395/
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