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 Decade: 2010-2019
 Year: 2010
 Collection: Congressional Research Service Reports
Nonimmigrant Overstays: Brief Synthesis of the Issue

Nonimmigrant Overstays: Brief Synthesis of the Issue

Date: January 15, 2010
Creator: Wasem, Ruth Ellen
Description: This report discusses a fundamental problem of immigration control in which foreign nationals enter legally on a temporary basis and continue to stay after their visas expire.
Contributing Partner: UNT Libraries Government Documents Department
Pipeline Safety and Security: Federal Programs

Pipeline Safety and Security: Federal Programs

Date: February 18, 2010
Creator: Parfomak, Paul W.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
False Patent Marking: Litigation and Legislation

False Patent Marking: Litigation and Legislation

Date: September 20, 2010
Creator: Yeh, Brian T.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
False Patent Marking: Litigation and Legislation

False Patent Marking: Litigation and Legislation

Date: October 20, 2010
Creator: Yeh, Brian T.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Cybercrime: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws

Cybercrime: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws

Date: December 27, 2010
Creator: Doyle, Charles
Description: 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.
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Telework for Executive Agency Employees: A Side-by-Side Comparison of Legislation Pending in the 111th Congress

Telework for Executive Agency Employees: A Side-by-Side Comparison of Legislation Pending in the 111th Congress

Date: October 5, 2010
Creator: Schwemle, Barbara L.
Description: This report discusses legislation (S. 707 and H.R. 1722) designed to foster the development of telework in executive agencies of the federal government.
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Surface Transportation Funding and Finance

Surface Transportation Funding and Finance

Date: November 10, 2010
Creator: Fischer, John W.; Kirk, Robert S. & Mallett, William J.
Description: This report discusses changes in funding to the national surface transportation infrastructure, especially in light of the recession that began in 2007, which led to decreases in driving and fuel use. This report focuses on possible revenue sources for surface transportation infrastructure. It begins with a brief discussion of the problems associated with the trust fund financing system and then explores possible immediate and longer-term solutions to the financing problem.
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State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

Date: September 14, 2010
Creator: Manuel, Kate M.; Garcia, Michael John & Eig, Larry M.
Description: 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.
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State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

Date: September 14, 2010
Creator: Manuel, Kate M.; Garcia, Michael John & Eig, Larry M.
Description: 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.
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"Robo-Signing" and Other Alleged Documentation Problems in Judicial and Nonjudicial Foreclosure Processes

"Robo-Signing" and Other Alleged Documentation Problems in Judicial and Nonjudicial Foreclosure Processes

Date: November 15, 2010
Creator: Carpenter, David H.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Pay Equity Legislation

Pay Equity Legislation

Date: September 20, 2010
Creator: Feder, Jody & Levine, Linda
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Piracy: A Legal Definition

Piracy: A Legal Definition

Date: October 19, 2010
Creator: Mason, R. Chuck
Description: 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.
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Food Safety on the Farm: Federal Programs and Selected Proposals

Food Safety on the Farm: Federal Programs and Selected Proposals

Date: April 21, 2010
Creator: Becker, Geoffrey S.
Description: This report discusses comprehensive food safety bills that are progressing in the 111th Congress and could affect farmers and ranchers. Interest in on-farm practices was renewed after more than 1,300 persons in 43 states, the District of Columbia, and Canada were found to be infected with the same unusual strain of bacteria (Salmonella Saintpaul) in April-July 2008.
Contributing Partner: UNT Libraries Government Documents Department
Current Legal Status of the FCC’s Media Ownership Rules

Current Legal Status of the FCC’s Media Ownership Rules

Date: August 23, 2010
Creator: Ruane, Kathleen A.
Description: This report discusses the Federal Communications Commission’s (FCC) media ownership regulations, which place limits on the number of broadcast radio and television outlets one owner can possess in a given market and place cross-ownership restrictions on these outlets and on the cross-ownership of broadcast properties and newspapers.
Contributing Partner: UNT Libraries Government Documents Department
Oil Pollution Act of 1990 (OPA): Liability of Responsible Parties

Oil Pollution Act of 1990 (OPA): Liability of Responsible Parties

Date: June 2, 2010
Creator: Nichols, James E.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Spectrum Policy: Public Safety and Wireless Communications Interference

Spectrum Policy: Public Safety and Wireless Communications Interference

Date: August 25, 2010
Creator: Moore, Linda K.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Community Oriented Policing Services (COPS): Current Legislative Issues

Community Oriented Policing Services (COPS): Current Legislative Issues

Date: September 15, 2010
Creator: James, Nathan
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Litigation Seeking to Establish Climate Change Impacts as a Common Law Nuisance

Litigation Seeking to Establish Climate Change Impacts as a Common Law Nuisance

Date: December 10, 2010
Creator: Meltz, Robert
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Federal Civil and Criminal Penalties Possibly Applicable to Parties Responsible for the Gulf of Mexico Oil Spill

Federal Civil and Criminal Penalties Possibly Applicable to Parties Responsible for the Gulf of Mexico Oil Spill

Date: August 16, 2010
Creator: Meltz, Robert
Description: Since the Deepwater Horizon oil spill began on April 20, 2010, Congress has given much attention to the compensatory liability provisions of the Oil Pollution Act and, to a lesser extent, those of the Jones Act and the Death on the High Seas Act. However, federal laws possibly relevant to the oil spill also impose civil and criminal money penalties, which may reach dollar amounts in connection with the Gulf spill greater than those for compensatory liability. This report summarizes selected federal civil and criminal penalty provisions that may be found violated in connection with the Gulf spill and related worker fatalities.
Contributing Partner: UNT Libraries Government Documents Department
Extraterritorial Application of American Criminal Law

Extraterritorial Application of American Criminal Law

Date: March 26, 2010
Creator: Doyle, Charles
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
An Overview of Recent U.S. Supreme Court Jurisprudence in Patent Law

An Overview of Recent U.S. Supreme Court Jurisprudence in Patent Law

Date: September 17, 2010
Creator: Yeh, Brian T.
Description: 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.
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Biomass Crop Assistance Program (BCAP): Status and Issues

Biomass Crop Assistance Program (BCAP): Status and Issues

Date: August 13, 2010
Creator: Stubbs, Megan
Description: The Food, Conservation, and Energy Act of 2008 (P.L. 110-246, 2008 farm bill) created the Biomass Crop Assistance Program (BCAP). This report discusses the two main purposes of BCAP, which are (1) to support the establishment and production of eligible crops for conversion to bioenergy in selected areas, and (2) to assist agricultural and forest land owners and operators with collection, harvest, storage, and transportation of eligible material for use in a biomass conversion facility.
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The "Volcker": Proposals to Limit "Speculative" Proprietary Trading by Banks

The "Volcker": Proposals to Limit "Speculative" Proprietary Trading by Banks

Date: June 30, 2010
Creator: Carpenter, David H.
Description: This report briefly discusses the permissible proprietary trading activities of commercial banks and their subsidiaries under current law. It then analyzes the Volcker Rule proposals under the House- and Senate-passed financial reform bills and under the Conference Report, which would limit the ability of commercial banking institutions and their affiliated companies and subsidiaries to engage in trading unrelated to customer needs and investing in and sponsoring hedge funds or private equity funds.
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Ocean Dumping Act: A Summary of the Law

Ocean Dumping Act: A Summary of the Law

Date: December 15, 2010
Creator: Copeland, Claudia
Description: The Marine Protection, Research, and Sanctuaries Act has two basic aims: to regulate intentional ocean disposal of materials, and to authorize related research. Permit and enforcement provisions of the law are often referred to as the Ocean Dumping Act. The basic provisions of the act have remained virtually unchanged since 1972, when it was enacted to establish a comprehensive waste management system to regulate disposal or dumping of all materials into marine waters that are within U.S. jurisdiction, although a number of new authorities have been added. This report presents a summary of the law.
Contributing Partner: UNT Libraries Government Documents Department