Congressional Research Service Reports - 464 Matching Results

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Climate Change Legislation in the 108th Congress: Climate change and greenhouse gas (GHG) emissions have been an issue in the 108th Congress, as they have been over the past decade. Bills directly addressing climate change issues range from those focused primarily on climate change research (H.R. 1578 and S. 1164) to comprehensive emissions cap and trading programs for all six greenhouse gases (S. 139 and H.R. 4067). This report briefly discusses basic concepts on which these bills are based, and compares major provisions of the bills in each of the following categories: climate change research, GHG reporting and registries, and cap and trade programs.
Treatment of "Battlefield Detainees" in the War on Terrorism: No Description Available.
Freedom of Information Act Amendments: 109th Congress: This report discusses the Freedom of Information Act (FOIA), which was designed to enable any person — individual or corporate, regardless of citizenship — to request, without explanation or justification, presumptive access to existing, identifiable, unpublished, executive branch agency records on any topic.
USA PATRIOT Act Sunset: A Sketch: No Description Available.
Violence Against Women Act: History and Federal Funding: No Description Available.
Capital Punishment: An Overview of Federal Death Penalty Statutes: With the passage of P.L. 103-322, the Violent Crime Control and Law Enforcement Act of 1994, the federal death penalty became available as a possible punishment for a substantial number of new and existing civilian offenses. On April 24, 1996, the Antiterrorism and Effective Death Penalty Act of 1996 made further modifications and additions to the list of federal capital crimes. On June 25, 2002, P.L. 107-197, the Terrorist Bombings Convention Implementation Act of 2002, added another capital crime to the United States Code. The Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458, enacted December 17, 2004, included provisions which impacted or expanded some of the existing death penalty provisions. This report lists the current federal capital offenses and summarizes the procedures for federal civilian death penalty cases.
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.
USA PATRIOT Act Sunset: Provisions That Expire on December 31, 2005: No Description Available.
Foreign Intelligence Surveillance Act: Selected Legislation from the 108th Congress: The Foreign Intelligence Surveillance Act, as passed in 1978, provided a statutory framework for the use of electronic surveillance in the context of foreign intelligence gathering. In doing so, Congress sought to strike a balance between national security interests and personal privacy rights. Subsequent legislation expanded federal laws dealing with foreign intelligence gathering to address physical searches, pen registers and trap and trace devices, and access to certain business records.
Bioterrorism Countermeasure Development: Issues in Patents and Homeland Security: In the 109th Congress, several bills have been introduced, including S. 3, the Protecting America in the War on Terror Act, and S. 975, the Project Bioshield II Act, that would generate additional incentives for the creation of new technologies to counteract potential biological threats. These bills propose reforms to current policies and practices associated with intellectual property, particularly patents, and the marketing of pharmaceuticals and related products. This report includes patents and innovation, the role of patents in pharmaceutical/biomedical R&D, legislative developments and proposals for change.
Martial Law and National Emergency: No Description Available.
Campaign Finance: Constitutional and Legal Issues of Soft Money: Prior to enactment of the Bipartisan Campaign Reform Act of 2002 (BCRA), P.L. 107-155, the term “soft money” generally referred to unregulated funds, perceived as resulting from loopholes in the Federal Election Campaign Act (FECA), 2 U.S.C. §§ 431 et seq. The general intent of BCRA, (effective November 6, 2002), which amends FECA, is to restrict the raising and spending of soft money. This Issue Brief discusses constitutional and legal issues surrounding two major types of soft money that BCRA regulates: political party soft money and soft money used for issue advocacy communications. Corporate and labor union soft money, which FECA exempts from regulation and is not addressed by BCRA, is also discussed.
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.
DOD's National Security Personnel System: Provisions of Law and Implementation Plans: This report discusses each of the provisions in Title XI of P.L. 108-136 and plans to implement the law. Title XI of the National Defense Authorization Act for FY2004, P.L. 108-136, includes provisions on a National Security Personnel System (NSPS) for the Department of Defense (DOD) and provisions on personnel management that are applicable government-wide. The law was enacted on November 24, 2003.
The National Counterterrorism Center: Implementation Challenges and Issues for Congress: No Description Available.
Homeland Security Department: FY2006 Appropriations: The annual consideration of appropriations bills by Congress is a part of a complex set of budget processes that also encompasses the consideration of budget resolutions, revenue and debt-limit legislation, other spending measures, and reconciliation bills. This report is a guide to one of the regular appropriations bills that Congress considers each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Homeland Security.
Foreign Aid: An Introductory Overview of U.S. Programs and Policy: Foreign assistance is a fundamental component of the international affairs budget and is viewed by many as an essential instrument of U.S foreign policy. This report provides an overview of the U.S. foreign aid program, by addressing a number of the more frequently asked questions regarding the subject.
Access to Government Information in the United States: The Constitution of the United States makes no specific allowance for any one of the co-equal branches to have access to information held by the others and contains no provision expressly establishing a procedure for, or a right of, public access to government information. Nonetheless, Congress has legislated various public access laws. These include two records access statutes — the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a) — and two meetings access statutes — the Federal Advisory Committee Act (5 U.S.C. App.) and the Government in the Sunshine Act (5 U.S.C. 552b). Moreover, due to the American separation of powers model of government, interbranch conflicts over the accessibility of information are neither unexpected nor necessarily destructive. The federal courts, historically, have been reluctant to review and resolve “political questions” involving information disputes between Congress and the executive branch. Although there is considerable interbranch cooperation, such conflicts probably will continue to occur on occasion.
Fairness in Asbestos Injury Resolution Act of 2005 (H.R. 1360, 109th Congress): No Description Available.
Border Security: Immigration Issues in the 108th Congress: This report provides background information on the main immigration-related border security issues that have been raised as a result of the terrorist attacks and resulting concern for homeland security. It describes enacted legislation in the 107th Congress as well as in previous Congresses that focus on immigration-related border security issues. The report also poses possible immigration-related border security issues the 108th Congress may consider.
Immigration: Terrorist Grounds for Exclusion of Aliens: "This report opens with an overview of the grounds for inadmissibility and summarizes key legislation enacted in recent years" (p. i).
Director of National Intelligence: Statutory Authorities: In passing the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) in late 2004, Congress approved the most comprehensive reform of the U.S. Intelligence Community since its establishment over 50 years ago. Principal among enacted changes was the establishment of a new position of the Director of National Intelligence (DNI) to manage the Intelligence Community. Some observers have questioned whether the new statute provides the DNI the necessary authorities to effectively manage the Community.
Lawsuits Against State Supporters of Terrorism: An Overview: No Description Available.
Balkan Cooperation on War Crimes Issues: 2005 Update: A combination of intensified international pressure and deadlines associated with Euro-Atlantic integration processes has prompted a spate of transfers of persons indicted for war crimes to the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague in late 2004-early 2005. Full cooperation with The Hague tribunal has been established as a key prerequisite to further progress toward a shared long-term goal for the western Balkan countries: closer association with and eventual membership in the European Union (EU) and NATO. This report is updated as the number of individuals indicted for war crimes have been transferred to The Hague from Serbia, Kosovo, and Bosnia.
Federal and State Isolation and Quarantine Authority: No Description Available.
Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments: Administrative subpoena authority, including closely related national security letter 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. During the 108th Congress, the President urged Congress to expand and re-enforce statutory authority to use administrative subpoenas and national security letters in criminal and foreign intelligence investigations; and legislation was introduced for that purpose. Related proposals have been offered during the 109th Congress, some of which deal with national security letter authority. Proponents of expanded use emphasize the effectiveness of administrative subpoenas as an investigative tool and question the logic of its availability in drug and health care fraud cases but not in terrorism cases. Critics suggest that it is little more than a constitutionally suspect “trophy” power, easily abused and of little legitimate use.
Administrative Subpoenas and National Security Letters in Criminal and Intelligence Investigations: A Sketch: Administrative subpoena authority, including closely related national security letter 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. Both the President and Members of Congress have called for statutory adjustments relating to the use of administrative subpoenas and national security letters in criminal and foreign intelligence investigations. One lower federal court has found the sweeping gag orders and lack of judicial review that mark one of the national security letter practices constitutionally defective. Proponents of expanded use emphasize the effectiveness of administrative subpoenas as an investigative tool and question the logic of its availability in drug and health care fraud cases but not in terrorism cases. Critics suggest that it is little more than a constitutionally suspect “trophy” power, easily abused and of little legitimate use. This is an abridged version — without footnotes, appendices, quotation marks and most citations to authority — of Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments, CRS Report RL32880.
Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages: No Description Available.
Mandatory Vaccinations: Precedent and Current Laws: No Description Available.
The Export Administration Act: Evolution, Provisions, and Debate: This paper discusses the Export Administration Act in terms of its evolution in the 20th century, its major features including the types of controls authorized by the act, the Commerce Control List and export licensing procedures, and issues concerning the maintenance of export controls under IEEPA. It then highlights several controlled commodities that have been featured prominently in export control discussions. Finally, it discusses competing business and national security perspectives concerning several of more contentious themes in the export control debate: the controllability of technology, the effectiveness of multilateral control regimes, the organization of the export control system, and the impact of export controls on the U.S. economy and business.
Intelligence Reform and Terrorism Prevention Act of 2004: National Standards for Drivers' Licenses, Social Security Cards, and Birth Certificates: In its comprehensive report to the nation, the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) recommended that the federal government set national standards for the issuance of identification documents including drivers’ licenses, social security cards, and birth certificates. The Commission noted that identity fraud is no longer simply a matter of theft, but now complicates the government’s ability to adequately ensure public safety at vulnerable facilities including airport terminals, train stations, bus stations, and other entry points.
U.S. Defense Articles and Services Supplied to Foreign Recipients: Restrictions on Their Use: In accordance with United States law, the U.S. Government places conditions on the use of defense articles and defense services transferred by it to foreign recipients. Violation of these conditions can lead to the suspension of deliveries or termination of the contracts for such defense items, among other things. On occasion, the President has indicated that such violations by foreign countries “may” have occurred, raising the prospect that termination of deliveries to or imposition of other penalties on such nations might take place. Section 3(a) of the Arms Export Control Act (AECA) sets the general standards for countries or international organizations to be eligible to receive United States defense articles and defense services provided under this act. It also sets express conditions on the uses to which these defense items may be put.
Foreign Direct Investment in the United States: An Economic Analysis: Foreign direct investment in the United States declined sharply after 2000, when a record $300 billion was invested in U.S. businesses and real estate. In 2004, according to preliminary data, foreigners invested about $100 billion. Foreign direct investments are highly sought after by State and local governments that are struggling to create additional jobs in their localities.
Drug Control: International Policy and Approaches: 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.
Drug Control: International Policy and Approaches: 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.
Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages: No Description Available.
Freedom of Information Act (FOIA) Amendments: 109th Congress: This report examines efforts to amend the FOI Act, and will be updated as events warrant.
HIV/AIDS International Programs: Appropriations, FY2003-FY2006: On February 7th, 2005, the Bush Administration requested $3.16 billion for international HIV/AIDS, tuberculosis, and malaria programs in FY2006, a 9% increase over the estimated amount to be provided in FY2005.
HIV/AIDS International Programs: Appropriations, FY2003-FY2006: On June 24th, 2005, the House Appropriations Committee reported the FY2006 Foreign Operations spending measure. The bill includes $2.695 billion for international AIDS programs, compared with the $2.564 billion requested by the Administration in that bill. The bill provides $400 million for the Global Fund to Fight AIDS, Tuberculosis, and Malaria, doubling the amount requested by the Administration under Foreign Operations.
HIV/AIDS International Programs: Appropriations, FY2003-FY2006: On February 7th, 2005, the Bush Administration requested $3.16 billion for international HIV/AIDS, tuberculosis, and malaria program in FY2006, a 9% increase over the estimated amount to be provided in FY2005. The request included $2.564 billion to be appropriated through the Foreign Operations appropriations and $596 million through appropriations for the Departments of Labor and Health and Human Services.
HIV/AIDS International Programs: Appropriations, FY2003-FY2006: On February 7th, 2005, the Bush Administration requested $3.16 billion for international HIV/AIDS, tuberculosis, and malaria program in FY2006, a 9% increase over the estimated amount to be provided in FY2005. The request included $2.564 billion to be appropriated through the Foreign Operations appropriations and $596 million through appropriations for the Departments of Labor and Health and Human Services.
Freedom of Speech and Press: Exceptions to the First Amendment: This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Clean Air Act Issues in the 109th Congress: Major amendments to the Clean Air Act were among the first items on the agenda of the 109th Congress, with S. 131 (the Clear Skies Act) scheduled for markup by the Senate Environment and Public Works Committee March 9. The most prominent air quality issues discussed in this report are; Clear Skies / Multi-Pollutant Legislation, Mercury from Power Plants, New Source Review (NSR), MTBE and Ethanol, Ozone Nonattainment Area Deadlines, and Conformity of Transportation Plans and SIPs.
Clean Air Act Issues in the 109th Congress: Major amendments to the Clean Air Act were among the first items on the agenda of the 109th Congress, with S. 131 (the Clear Skies Act) scheduled for markup by the Senate Environment and Public Works Committee March 9. The most prominent air quality issues discussed in this report are; Clear Skies / Multi-Pollutant Legislation, Mercury from Power Plants, New Source Review (NSR), MTBE and Ethanol, Ozone Nonattainment Area Deadlines, and Conformity of Transportation Plans and SIPs.
Energy Policy: Comprehensive Energy Legislation (H.R. 6) in the 109th Congress: The House passed H.R. 6, the Energy Policy Act of 2005, on April 21, 2005 (249-183). The legislation includes a “safe harbor” provision to protect methyl tertiary-butyl ether (MTBE) refiners from product liability suits, which was retained after a close vote on an amendment to drop the language (213-219). In the 108th Congress, there was opposition to this provision in the Senate. It is unclear how its inclusion may affect Senate passage of an energy bill in the 109th Congress. House Republicans have indicated that a compromise will be sought to satisfy the other body. Language in the House-passed bill would also authorize opening of the Arctic National Wildlife Refuge (ANWR) to exploration and development. An amendment to delete the ANWR provisions from H.R. 6 was defeated (200-231).
Products Liability: A Legal Overview: No Description Available.
Suits Against Terrorist States by Victims of Terrorism: No Description Available.
Association Health Plans: Legislation in the 109th Congress: An estimated 41.2 million people were without health insurance in 2001. Legislation under consideration by the 108th and earlier Congresses is intended to assist small employers in offering health insurance as a benefit to their workers. A new bill, H.R. 4281, introduced on May 5, 2004, The Small Business Health Fairness Act of 2003 (H.R. 6601s. 545), and a number of bills from the earlier Congresses include provisions creating new groups for small firms to join or encouraging the growth of existing groups so that small employers can band together to offer coverage to their employees. Opponents of the AHP approach raise concerns that unintended negative consequences would arise, negating the benefits that the new groups would create. While the proposed AHPs are not likely to immediately undermine the small group market, they are likely to require additional features to significantly expand insurance coverage among the uninsured.
USA PATRIOT Act Sunset: Provisions That Expire on December 31, 2005: No Description Available.
Immigration: Analysis of the Major Provisions of the REAL ID Act of 2005: During the 108th Congress, a number of proposals related to immigration and identification-document security were introduced, some of which were considered in the context of implementing recommendations made by the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) and enacted pursuant to the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458). At the time that the Intelligence Reform and Terrorism Prevention Act was adopted, some congressional leaders reportedly agreed to revisit certain immigration and document-security issues in the 109th Congress that had been dropped from the final version of the act.

Congressional Research Service Reports - 464 Matching Results

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