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Child Welfare: Reauthorization of the Promoting Safe and Stable Families Program in the 107th Congress
This report discusses the reauthorization of the Promoting Safe and Stable Families Amendments of 2001. The new law maintains the FY2001 mandatory funding level, authorizes additional discretionary funding, and grants new program authority to provide mentoring services for children of prisoners. In addition, the enacted legislation allows states to use Promoting Safe and Stable Families funds for infant "safe haven" programs, provides for reallocation of unused program funds, clarifies language defining family support programs, and gives more explicit instructions to the Department of Health and Human Services (HHS) regarding use of funds set aside for research, evaluation and technical assistance.
Pay Equity: Legislative and Legal Developments
This report begins by presenting data on earnings for male and female workers and by discussing explanations that have been offered for the differences in earnings. 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 or enacted by Congress in recent years.
Arsenic in Drinking Water: Regulatory Developments and Issues
This report discusses the 1996 Safe Drinking Water Act Amendments. These amendments directed the Environmental Protection Agency (EPA) to update the standard for arsenic in drinking water.
Energy Policy: Conceptual Framework and Continuing Issues
This report discusses major policy approaches, provides a conceptual framework for categorizing energy policy proposals, and briefly describes energy issues that remain current in the debate after the enactment of EPACT.
Sea-Level Rise and U.S. Coasts: Science and Policy Considerations
This report provides information for policymakers that are interested in sea-level rise because of the risk to coastal populations and infrastructure and the consequences for coastal species and ecosystems.
Overview of U.S. Sanctions Regimes on Russia
This report discusses the U.S.-imposed sanctions on Russia for malicious cyber activity.
Review of Offshore Energy Leasing: President Trump's Executive Order
This report discusses President Trump's executive order (E.O.) on U.S. offshore energy strategy including a brief overview of previous policies and the scope of the E.O.
Airline Passenger Rights: The Federal Role in Aviation Consumer Protection
This report examines aviation consumer protections following the 1978 elimination of most governmental control regarding airline business practices. It explains the roles of Congress and the U.S. Department of Transportation (DOT) in protecting airline consumers, and discusses some major passenger rights issues and related laws and regulations.
State Innovation Waivers: Frequently Asked Questions
This report answers nine frequently asked questions about the State Innovation Waiver program under the Patient Protection and Affordable Care Act that allows states to obtain waivers from certain areas of the program and instead use their own state run processes.
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 2)
This report is part 1 of two of a report discussing the upcoming Supreme Court case of "Janus v. American Federation of State, County, and Municipal Employees, Council 31."
Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part 2)
This report is the part two of two of a report on the Office of the U.S. Trade Representative's (USTR) recently concluded its investigation under Section 301 of the Trade Act of 1974 (the "Section 301 Investigation") "to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation are unreasonable or discriminatory and burden or restrict U.S. commerce." This part of the report applies the general legal framework to this specific Section 301 Investigation, providing background on the investigation, describing the USTR's findings and the President's directives, and concluding by addressing what legal issues lie ahead.
The Orderly Liquidation Authority: Reform Proposals
This report discusses the Orderly Liquidation Authority (OLA) which was created by Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203) to allow the Federal Deposit Insurance Corporation (FDIC) to resolve certain failing financial institutions whose collapse could threaten the stability of the financial system. Although OLA has never been used, it has become the subject of a number of reform proposals. This report briefly describes the OLA and two prominent examples of such proposals.
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 1)
This report is part 1 of two of a report discussing the upcoming Supreme Court case of "Janus v. American Federation of State, County, and Municipal Employees, Council 31.
Supreme Court Agrees to Hear Constitutional Challenge to SEC Administrative Law Judges
This report discusses the case of "Lucia v. Securities and Exchange Commission (SEC)" which is scheduled to be heard by the Supreme Court. The case addresses whether administrative law judges(ALJs) within the SEC are "Officers of the United States" (officers) who must be appointed in accordance with the Appointments Clause of Article II of the Constitution.
Murderous Schemes are not Violent Crimes?
This report discusses the U.S. Court of Appeals for the Fourth Circuit's decision in the case of "U.S. v. McCollum" which stated that conspiracy to murder was not a violent crime for federal sentencing purposes and discusses the background of the case and the prior case law which led to the decision.
The Constitutionality of Censuring the President
This report discusses whether Congressional censure of the President is constitutional and provides examples of past Congressional censures of presidents.
Can Corporations be Held Liable Under the Alien Tort Statute?
This report is an update of an earlier report discussing the Supreme Court case of "Jesner v. Arab Bank" which reports the final decision that foreign corporations such as Arab Bank may not be brought as defendants in lawsuits under the Alien Tort Statute.
What Happens When Five Supreme Court Justices Can't Agree?
This report discusses the Supreme Court case of "Hughes v. United States" where all five justices agreed on the party that should win but they could not agree on why that party should win. The report discusses what justice's opinion, if any should enter future law through case law precedent, similar past cases, and the background of the "Hughes" case.
Update of "All Eyes on Allergan: Drug Company's Unprecedented Move Raises Questions for Patent and Drug Law (Part 1)"
This report is an update of a previous report discussing the case of "Allergan Inc. v. Teva Pharmaceuticals USA Inc." which deals with patent law and the rights of brand-name pharmaceutical companies and generic pharmaceutical companies as well as Native American tribes sovereign rights because the St. Regis Mohawk Tribe is a co-plaintiff in the case. The case is currently in the appeals process.
EPA's Methane Regulations: Legal Overview
This report examines the EPA's statutory authority for issuing the methane regulations, legal challenges to the standards, and legal issues related to the reconsideration and stay of the regulations.
Banking Law: An Overview of Federal Preemption in the Dual Banking System
This report provides an overview of the respective roles of the federal government and the states in regulating banking.
"Marbury v. Madison Returns"! The Supreme Court Considers the Scope of "Judicial Power"
This report provides background on "Marbury v. Madison" and the upcoming case of Dalmazzi v. United States" which challenges the jurisdiction of the Supreme Court over the Court of Appeals for the Armed Forces (CAAF) and concludes by exploring the potential ramifications of the jurisdictional question "Dalmazzi" poses.
Basic Concepts and Technical Considerations in Educational Assessment: A Primer
This report discusses assessments mandated by federal education policy and discusses the purpose of assessments, types of tests, technical considerations in assessment, and using assessment results appropriately. A glossary containing definitions of commonly used assessment and measurement terms is provided at the end of this report. The glossary provides additional technical information that may not be addressed within the text of the report.
NLRB Rejects Former Standards Following Appointment of New Members
This report discusses recent decisions by the National Labor Relations Board (NLRB) after President Trump appointed two new members to the board. The decisions overturn a variety of significant past decisions and are summarized in the report.
District Court Decision May Help Pave the Way for Trump Administration's Border Wall Plans
This report discusses the U.S. District for the Southern District of California's recent decision in a case brought by the State of California against the Department of Homeland Security (DHS) regarding DHS's right to waive environmental and other administrative laws for border fence building projects. The court agreed with other court rulings on the issue and affirmed DHS's right to waive the laws.
Frequently Asked Questions about Prescription Drug Pricing and Policy
This report answers frequently asked questions about prescription drug pricing regulations and policy.
Clarifying "Gibberish": Supreme Court Holds That State Courts Can Hear Securities Act Lawsuits
This report discusses the background of the case of "Cyan Inc. v. Beaver County Employees Retirement Fund", the Supreme Court's decision, and the decision's implications for securities litigation.
Costs of Government Interventions in Response to the Financial Crisis: A Retrospective
This report presents how much the Troubled Asset Relief Program (TARP) ultimately cost (or benefited) the taxpayers based on straightforward cash accounting as reported by the various agencies.
Water Quality Issues in the 113th Congress: An Overview
This report discusses the legislative and oversight issues regarding water quality, as well as wastewater treatment funding issues.
What Is the Farm Bill?
This report describes the Farm Bill (P.L. 110-246, Food, Conservation, and Energy Act of 2008), which was enacted into law on June 18, 2008.
Energy-Water Nexus: The Water Sector's Energy Use
This report provides background on energy for facilities that treat and deliver water to end users and also dispose of and discharge wastewater. This report first discusses water-related energy use broadly and then energy for facilities that treat and deliver water to end users and also dispose of and discharge wastewater.
Energy-Water Nexus: The Water Sector's Energy Use
This report provides background on energy for facilities that treat and deliver water to end users and also dispose of and discharge wastewater. This report first discusses water-related energy use broadly and then energy for facilities that treat and deliver water to end users and also dispose of and discharge wastewater.
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.
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.
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.
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.
Alien Removals and Returns: Overview and Trends
This report provides an overview of the statutory framework for alien removal and briefly describes the standard removal process. It also describes several streamlined forms of removal, and two alternative forms of removal (often referred to as returns) that exempt aliens from certain penalties associated with formal removal: voluntary departure and withdrawal of petition for admission. In addition, the report discusses recent trends in removals and returns, and concludes with a summary of potential avenues for relief from removal.
Telework for Executive Agency Employees: A Side-by-Side Comparison of Legislation Pending in the 111th Congress
S. 1000, the Telework Enhancement Act of 2007, and H.R. 4106, the Telework Improvements Act of 2008, are currently pending in the 110th Congress. Under the pending legislation and Senate amendments, the heads of executive branch agencies would be required to establish policies under which employees (with some exceptions) could be eligible to participate in telework. This report presents a side-by-side comparison of the provisions of S. 1000, as reported; H.R. 4106, as passed by the House.
Telework for Executive Agency Employees: A Side-by-Side Comparison of Legislation Pending in the 111th Congress
S. 1000, the Telework Enhancement Act of 2007, and H.R. 4106, the Telework Improvements Act of 2008, are currently pending in the 110th Congress. Under the pending legislation and Senate amendments, the heads of executive branch agencies would be required to establish policies under which employees (with some exceptions) could be eligible to participate in telework. This report presents a side-by-side comparison of the provisions of S. 1000, as reported; H.R. 4106, as passed by the House.
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.
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.
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.
State Challenges to Federal Enforcement of Immigration Law: Historical Precedents and Pending Litigation
This report provides an overview of prior and pending challenges by states to federal officials' alleged failure to enforce the Immigration and Nationality Act (INA) or other provisions of immigration law. It begins by discussing the lawsuits filed by six states in the mid-1990s; Arizona's counterclaims to the federal government's suit to enjoin enforcement of S.B. 1070; and Mississippi's challenge to the Deferred Action for Childhood Arrivals (DACA) initiative. It then describes the challenge brought by over 20 states in 2014 to the recently announced expansion of DACA and the creation of a similar program for unlawfully present aliens whose children are U.S. citizens or lawful permanent resident aliens (LPRs). The report concludes by exploring how the pending litigation resembles, and differs from, the prior litigation.
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.
Federalism Issues in Surface Transportation Policy: Past and Present
This report provides an 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.
Water Quality Issues in the 113th Congress: An Overview
This report discusses the legislative and oversight issues regarding water quality, as well as wastewater treatment funding issues.
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.
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?
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.
U.S.-EU Cooperation on Ukraine and Russia
This report examines the U.S. and EU reactions to the crisis in Ukraine, focusing on the EU's hesitation to issue severe sanctions on par with the U.S. prior to the crash of Malaysia Airlines Flight MH17. The report discusses the EU's new, wider-ranging sanctions in the wake of MH17 and its implications on U.S.-EU relations.
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