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Immigration Related Border Security Legislation in the 109th Congress: This report is organized to reflect the main border security issues relating to the movement of people into the country, as indicated by the legislation currently pending in the 109th Congress.
Judge Samuel Alito's Opinions in Freedom of Speech Cases: This report examines his major judicial opinions, both for the majority and in dissent, in freedom of speech cases. It also briefly discusses some cases in which he joined the opinion for the court but did not write it. This report examines Judge Alito’s free speech opinions by subject area.
Western Water Resource Issues: For more than a century, the federal government has constructed water resource projects for a variety of purposes, including flood control, navigation, power generation, and irrigation. While most municipal and industrial water supplies have been built by non-federal entities, most of the large, federal water supply projects in the West, including Hoover and Grand Coulee dams, were constructed by the Bureau of Reclamation (Department of the Interior) to provide water for irrigation.
Civil Rights Opinions of U.S. Supreme Court Nominee Samuel Alito: A Legal Overview: During his 15 years as a federal appellate judge on the Third Circuit, Judge Alito has written for the majority, concurred, or dissented in several cases alleging discrimination based on race, ethnicity, gender, religion, and other prohibited grounds. His legal positions in these cases have varied, depending on the facts and law being applied, and defy rigid or facile classification. Nonetheless, some continuity in judicial approach, both substantive and procedural, may arguably be discerned from a review of several of his significant opinions.
Federal and State Quarantine and Isolation Authority: This report provides an overview of federal and state public health laws as they relate to the quarantine and isolation of individuals, a discussion of constitutional issues that may be raised should individual liberties be restricted in a quarantine situation, and federalism questions that may arise where federal and state authorities overlap. In addition, the possible role of the armed forces in enforcing public health measures is discussed, specifically whether the Posse Comitatus Act would constrain any military role, and other statutory authorities that may be used for the military enforcement of health measures.
The Law of Church and State: Opinions of Judge Samuel Alito: This report provides an overview of opinions addressing issues related to the law of church and state written by Judge Alito while serving on the Third Circuit and Supreme Court precedent relevant to those cases.
Excited Utterances, "Testimonial" Statements, and the Confrontation Clause: The United States Supreme Court will hear oral argument this term in appeals from two state supreme court cases, Hammon v. Indiana and Davis v. Washington, concerning the admissibility of “excited utterance” statements made by non-testifying witnesses at criminal trials. In the landmark Crawford v. Washington case in 2004, the Court held that the Sixth Amendment’s Confrontation Clause forbids hearsay “testimonial” evidence from being introduced against the accused unless the witness is unavailable to testify and the defendant has had a prior opportunity to crossexamine the witness. However, the Crawford Court declined to provide a comprehensive definition of “testimonial,” leaving such task “for another day.”
Proposals in the 109th Congress to Split the Ninth Circuit Court of Appeals: Report on the Ninth Circuit court of appeals, including the geography, population, caseload, proposals to split the circuit, and more.
Arctic National Wildlife Refuge (ANWR): Controversies for the 109th Congress: This report discusses the ongoing debate about whether or not to approve energy development in the Arctic National Wildlife Refuge (ANWR). Current law forbids energy leasing in the Refuge. This report addresses several legislative options on the issue, as well as policymakers' arguments for and against development, especially in the wake of increasing terrorism since 2000-2001.
U.S. Supreme Court Nominee Samuel A. Alito and the Abortion Opinions of the U.S. Court of Appeals for the Third Circuit: No Description Available.
The Continued Dumping and Subsidy Offset Act ("Byrd Amendment"): This report discusses the controversy over the CDSOA in three parts. First, it covers briefly the background of the law, its effects, and the WTO dispute settlement case. Second, it discusses the congressional debate on the pros and cons of repealing the measure. Third, options for Congress are discussed.
The "Farm Bill" in Brief: Federal farm support, food assistance, agricultural trade, marketing, and rural development policies are governed by a variety of separate laws. Many of these laws periodically have been evaluated, revised, and renewed through an omnibus, multi-year farm bill. This report discusses the "farm bill" and it's components.
Immigration Related Border Security Legislation in the 109th Congress: This report is organized to reflect the main border security issues relating to the movement of people into the country, as indicated by the legislation currently pending in the 109th Congress.
Habeas Review in Death Penalty Cases: Selected Opinions of Judge Samuel Alito: This report provides an overview of selected opinions (majority and dissenting) by Judge Alito addressing habeas review in death penalty cases.
The Individuals with Disabilities Education Act: Schaffer v. Weast: This report discusses the Individuals with Disabilities Education Act (IDEA), which is the main federal program concerning the education of children with disabilities. It authorizes state and local aid for special education and related services for children with disabilities and contains detailed due process protections for children with disabilities and their parents. On December 3, 2004, President Bush signed “The Individuals with Disabilities Education Act Improvement Act” (P.L. 108-446), a major reauthorization and revision of IDEA. One issue which was not addressed in the reauthorization was whether the parents or the school bears the burden of proof in special education due process hearings. On November 14, 2005, the Supreme Court resolved a split in the circuits and held that the burden of proof in an administrative hearing challenging a child’s individualized education program is on the party seeking the relief.
Condemnation of Private Property for Economic Development: Legal Comments on the House-Passed Bill (H.R. 4128) and Bond Amendment: The prohibition on economic development condemnations extends not only to land taken for the explicit purpose of economic development but also to land subsequently so used. The latter coverage raises the possibility that although a parcel was initially condemned for a non-prohibited purpose, its use years later for a prohibited one would trigger the two-year cut-off of federal funds. Nor does there seem to be any proportionality requirement between the prohibited condemnations and the length and scope of the federal funds suspension. If Congress’ Spending Power includes a proportionality requirement for conditions on federal funds, as the Court suggests, the absence of proportionality in some of the bill’s applications may raise a constitutional issue.
The Individuals with Disabilities Education Act (IDEA): Interactions with Selected Provisions of the No Child Left Behind Act (NCLBA): The Individuals with Disabilities Education Act (IDEA)1 and the No Child Left Behind Act (NCLBA)2 are two of the most significant federal statutes relating to education. Although both have the goal of improving education — IDEA for children with disabilities and NCLBA for all children — the two statutes take different approaches. IDEA focuses on the individual child, with an emphasis on developing an individualized education program (IEP) and specific services for children with disabilities, while NCLBA takes a more global view, with an emphasis on closing gaps in achievement test scores and raising the aggregate scores of all demographic groups of pupils to specific levels. The relationship of IDEA and NCLBA has become of increasing significance because of the recent reauthorization of IDEA and guidance and regulations from the U.S. Department of Education (ED) on NCLBA issues related to the education of children with disabilities. This report will provide a brief overview of IDEA and NCLBA, a discussion of the intersection of selected provisions of IDEA and NCLBA, and a discussion of ED regulations and guidance regarding IDEA and NCLBA. The report concludes with a discussion of possible issues related to the interaction of IDEA and NCLBA.
The Individuals with Disabilities Education Act (IDEA): Interactions with Selected Provisions of the No Child Left Behind Act (NCLBA): The Individuals with Disabilities Education Act (IDEA) and the No Child Left Behind Act (NCLBA) are two of the most significant federal statutes relating to education. Although both have the goal of improving education — IDEA for children with disabilities and NCLBA for all children — the two statutes take different approaches. IDEA focuses on the individual child, with an emphasis on developing an individualized education program (IEP) and specific services for children with disabilities, while NCLBA takes a more global view, with an emphasis on closing gaps in achievement test scores and raising the aggregate scores of all demographic groups of pupils to specific levels. The relationship of IDEA and NCLBA has become of increasing significance because of this recent reauthorization of IDEA and guidance and regulations from the U.S. Department of Education (ED) on NCLBA issues related to the education of children with disabilities. This report will provide a brief overview of IDEA and NCLBA, a discussion of the intersection of selected provisions of IDEA and NCLBA, and a discussion of ED regulations and guidance regarding IDEA and NCLBA. The report concludes with a discussion of possible issues related to the interaction of IDEA and NCLBA.
Welfare Reauthorization: An Overview of the Issues: In February 2002, the Administration proposed its welfare reauthorization plan. The debate was dominated by controversy over the amount of child care funding and the Administration's proposed changes to Temporary Assistance for Needy Families (TANF) work participation standards. The final agreement reflects the same child care funding increase that was provided in House-passed welfare reauthorization measures in 2002 and 2003 ($1 billion in additional mandatory child care funding over five years). The 2005 Senate Finance Committee welfare reauthorization bill would have provided $6 billion in additional child care funding over five years. Though the final agreement would require states to increase the share of their families participating in TANF work activities, it does not include the Administration's proposal to set a 40-hour workweek standard or revise the activities that count toward the standard. The reauthorization debate also reflected a renewed focus on noncustodial parents and on family formation issues. The budget agreement includes responsible fatherhood initiatives and a scaled back version of the President's initiative to promote healthy marriages.
Welfare Reauthorization: An Overview of the Issues: In February 2002, the Administration proposed its welfare reauthorization plan. The debate was dominated by controversy over the amount of child care funding and the Administration's proposed changes to Temporary Assistance for Needy Families (TANF) work participation standards. The final agreement reflects the same child care funding increase that was provided in House-passed welfare reauthorization measures in 2002 and 2003 ($1 billion in additional mandatory child care funding over five years). The 2005 Senate Finance Committee welfare reauthorization bill would have provided $6 billion in additional child care funding over five years. Though the final agreement would require states to increase the share of their families participating in TANF work activities, it does not include the Administration's proposal to set a 40-hour workweek standard or revise the activities that count toward the standard. The reauthorization debate also reflected a renewed focus on noncustodial parents and on family formation issues. The budget agreement includes responsible fatherhood initiatives and a scaled back version of the President's initiative to promote healthy marriages.
The European Union’s Constitution: This report provides background information on the constitution, its key provisions, the current crisis, and possible implications for U.S. - EU relations.
The Google Book Search Project: Is Online Indexing a Fair Use Under Copyright Law?: This report provides background on the pending litigation. Google, Inc. is digitally scanning the collections of several prominent libraries in order to create a vast searchable database of literary works. Copyright holders who have not authorized and object to the digitization have filed suit against the company.
USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199): A Side-by-Side Comparison of Existing Law, H.R. 3199 (Conference) and H.R. 3199 (Senate Passed): The Uruguay Round Agreements Act, which legislatively approved the United States' membership in the World Trade Organization (WTO), also contains provisions setting out the legislative procedure for revoking such approval, potentially leading to the withdrawal of the United States from the WTO. This report sets out the functional timetable and requirements for taking legislative action for United States withdrawal from the WTO.
Venue: A Legal Analysis of Where a Federal Crime May Be Tried: Report on the promise made by federal law to provide criminal defendants with a proper venue, including background, issues, district crimes, transfers, and more.
Federalism: Selected Opinions of Judge Samuel Alito: This report discusses several opinions Judge Samuel Alito has written regarding federalism.
Veterans Benefits Issues in the 109th Congress: This report presents a brief overview of the Department of Veterans Affairs (VA) programs for veterans as well as some of the issues that have been or likely will be subjects of congressional attention during the 109th Congress. In particular, it outlines the veterans benefits provisions that have seen legislative action. Issues concerning the Veterans Health Administration and health care issues are discussed in a companion report, CRS Report RL32961, Veterans’ Health Care Issues in the 109th Congress, by Sidath Viranga Panangala.
Tobacco Quota Buyout: Report on the termination of U.S. tobacco farm price supports and the ripple effects of this decision, including payments to quota holders, producers, lump sum payments, imports, and more.
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, Conformity of Transportation Plans and SIPs, Hurricanes Katrina and Rita.
Clean Water Act Issues in the 109th Congress: Congress has recently focused legislative attention on narrow bills to extend or modify selected Clean Water Act (CWA) programs, rather than taking up comprehensive proposals. In the 109th Congress, the Senate Environment and Public Works Committee has approved S. 1400, a bill authorizing $20 billion in federal grants to capitalize state clean water infrastructure loan programs. Also, a House committee has approved bills to reauthorize several Clean Water Act programs: H.R. 624 would provide $1.5 billion in grants over six years for sewer overflow projects; H.R. 1359 would extend a pilot program for alternative water source projects; H.R. 1721 would reauthorize coastal water quality programs; and H.R. 3963 would extend the Long Island Sound Program.
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.
Immigration: Selected Opinions of Judge Samuel Alito: This report discusses notable majority and dissenting opinions written by Judge Alito relating to immigration.
The Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR): On August 5, 2004, the United States, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and the Dominican Republic signed the CAFTA-DR. Nearly one year later, it faced a contentious debate and close vote in both houses of the U.S. Congress. This report addresses the CAFTA-RA and issues within it.
Civil Rights of Individuals with Disabilities: The Opinions of Judge Alito: This report examines the opinions written by Judge Alito relating to civil rights for individuals with disabilities and includes a discussion of cases relating to the Americans with disabilities Act (ADA), the individuals with disabilities education Act (IDEA), SECTION 504 of the Rehabilitation ACT of 1973, and the Fair Housing Amendments Act.
Supreme Court Nominations, 1789-2005: Actions by the Senate, Judiciary Committee, and the President: Report on the process of appointing Supreme Court Justices, including tables of Senate actions, Senate Judiciary Committee Actions, presidential actions, and more.
Supreme Court Nominations, 1789 - 2005: Actions by the Senate, the Judiciary Committee, and the President: The process of appointing Supreme Court Justices has undergone changes over two centuries, but its most basic feature -- the sharing of power between the President and Senate -- has remained unchanged. To receive a lifetime appointment to the Court, a candidate must first be nominated by the President and then confirmed by the Senate. Table 1 of this report lists and describes actions taken by the Senate, the Senate Judiciary Committee, and the President on all Supreme Court nominations, from 1789 to the present. The table provides the name of each person nominated to the Court and the name of the President making the nomination. It also tracks the dates of formal actions taken, and time elapsing between these actions, by the Senate or Senate Judiciary Committee on each nomination, starting with the date that the Senate received the nomination from the President.
Supreme Court Nominations, 1789-2005: Actions by the Senate, the Judiciary Committee, and the President: No Description Available.
U.S. Assistance to Women in Afghanistan and Iraq: Challenges and Issues for Congress: No Description Available.
U.S. Assistance to Women in Afghanistan and Iraq: Challenges and Issues for Congress: No Description Available.
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.
Military Recruitment Provisions Under the No Child Left Behind Act: A Legal Analysis: Congressional Research Service (CRS) report entailing a legal analysis of military recruitment provisions under the No Child Left Behind Act (NCBLA). Topics include, access to student information, equal access to students, legal concerns, etc..
Venue: A Brief Look at Federal Law Governing Where a Federal Crime May Be Tried: No Description Available.
Exemptions from Environmental Law for the Department of Defense: An Overview of Congressional Action: This report discusses the difficulty of assessing the impact of environmental requirements on military readiness, broader exemptions for military activities that Congress has enacted, and DOD's request for additional exemptions.
Iraq: Oil-for-Food Program, Illicit Trade, and Investigations: The “oil-for-food” program (OFFP) was the centerpiece of a long-standing U.N. Security Council effort to alleviate human suffering in Iraq while maintaining key elements of the 1991 Gulf war-related sanctions regime. In order to ensure that Iraq remained contained and that only humanitarian needs were served by the program, the program imposed controls on Iraqi oil exports and humanitarian imports. All Iraqi oil revenues legally earned under the program were held in a U.N.-controlled escrow account and were not accessible to the regime of Saddam Hussein.
Criminal Charges in Corporate Scandals: Since the collapse of Enron Corp. in late 2001, there has been a series of scandals involving major U.S. corporations. Recurring elements in the scandals include improper or fraudulent accounting, self-enrichment by corporate officers, stock trading on inside information, and the destruction or falsification of business records. This report tracks post-Enron criminal charges.
Iraq: Elections, Government, and Constitution: This report is regarding the Elections, Government, and constitutions of Iraq.
Israel: Background and Relations with the United States: This report includes information regarding Israel's government, economy, foreign policy, and relations with the United States.
Lobbying Disclosure and Ethics Proposals Related to Lobbying Introduced in the 109th Congress: A Comparative Analysis: This report provides context, comparison, and discussion of the issues addressed in the various legislative proposals addressing lobbying and lobbying-related laws and congressional Rules introduced thus far in the 109th Congress.
Bioterrorism Countermeasure Development: Issues in Patents and Homeland Security: Congressional interest in the development of bioterrorism countermeasures remains strong, even after passage of legislation establishing Project BioShield. In the 109th Congress, several bills have been introduced, including S. 3, the Protecting America in the War on Terror Act, S. 975, the Project Bioshield II Act, and S. 1873, the Biodefense and Pandemic Vaccine and Drug Development 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.
Congressional Gifts and Travel: Legislative Proposals for the 109th Congress: The House and Senate examined their rules on the acceptance of gifts and travel expenses. Press accounts of alleged excesses in privately funded congressional travel and gifts, particularly from lobbyists, have provided an impetus for proposed changes in the 109th Congress. This report provides an analysis of the proposals for change introduced or discussed in the 109th Congress and will be updated as events warrant.
EU-U.S. Economic Ties: Framework, Scope, and Magnitude. January 2006: This report provides background information and analysis of the U.S.-EU economic relationship.

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