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 Decade: 2010-2019
 Year: 2010
 Collection: Congressional Research Service Reports
Oil Spill Legislation in the 111th Congress

Oil Spill Legislation in the 111th Congress

Date: October 15, 2010
Creator: Ramseur, Jonathan L.
Description: This report summarizes provisions of selected legislation - enacted and proposed - that address oil spill policy issues raised after the April 20, 2010, explosion and resulting oil spill at the Deepwater Horizon drilling platform in the Gulf of Mexico. This report focuses primarily on oil spill policy matters that concern prevention, preparedness, response, and the liability and compensation framework.
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.
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Offshore Oil and Gas Development: Legal Framework

Offshore Oil and Gas Development: Legal Framework

Date: September 20, 2010
Creator: Vann, Adam
Description: The development of offshore oil, gas, and other mineral resources in the United States is impacted by a number of interrelated legal regimes, including international, federal, and state laws. International law provides a framework for establishing national ownership or control of offshore areas, and domestic federal law mirrors and supplements these standards. This report discusses these issues.
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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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Pesticide Use and Water Quality: Are the Laws Complementary or in Conflict?

Pesticide Use and Water Quality: Are the Laws Complementary or in Conflict?

Date: October 13, 2010
Creator: Copeland, Claudia
Description: This report provides background on the conflict over interpretation and implementation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act. A brief discussion of the two laws is followed by a review of the major litigation of interest. EPA's efforts to clarify its policy in this area and the November 2006 rule and the 2009 federal court ruling are discussed, as well as possible options for EPA and Congress to further address the FIFRA-CWA issues. In June, EPA proposed a draft general CWA permit that it intends to finalize by April 2011 in response to the court ruling.
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North Korea: Legislative Basis for U.S. Economic Sanctions

North Korea: Legislative Basis for U.S. Economic Sanctions

Date: September 29, 2010
Creator: Rennack, Dianne E.
Description: This report discusses the economic sanctions the United States imposes on North Korea for activities related to weapons proliferation, destabilizing the region, anti-terrorism, and undemocratic governance.
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Options for a Federal Renewable Electricity Standard

Options for a Federal Renewable Electricity Standard

Date: November 12, 2010
Creator: Campbell, Richard J.
Description: This report discusses current ideas for a federal Renewable Electricity (or Energy) Standard (RES) and a broader Clean Energy Standard (CES). The goal of this report is to explore how such policies could potentially increase the amounts of renewable electricity generated in the United States, discussing other related public policy goals and rationales for renewable energy development, and the challenges/drawbacks of RES policy.
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The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology

The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology

Date: November 16, 2010
Creator: Schacht, Wendy H.
Description: 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.
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Authority of State and Local Police to Enforce Federal Immigration Law

Authority of State and Local Police to Enforce Federal Immigration Law

Date: September 17, 2010
Creator: Garcia, Michael John & Manuel, Kate M.
Description: 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.
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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.
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Iran Sanctions

Iran Sanctions

Date: December 13, 2010
Creator: Katzman, Kenneth
Description: This report focuses on the United States' relationship with Iran and how the Obama Administration is handling prior administration's economic sanctions against Iran. The Obama Administration's policy approach toward Iran has contrasted with the Bush Administration's by attempting to couple the imposition of sanctions to an active and direct U.S. effort to negotiate with Iran on the nuclear issue. That approach was not initially altered because of the Iranian dispute over its June 12, 2009, elections. However, with subsequent negotiations yielding no firm Iranian agreement to compromise, since early 2010 the Administration has focused on achieving the imposition of additional U.N., U.S., and allied country sanctions whose cumulative effect would be to compel it to accept a nuclear bargain.
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Changes in the Arctic: Background and Issues for Congress

Changes in the Arctic: Background and Issues for Congress

Date: October 8, 2010
Creator: O'Rourke, Ronald
Description: The diminishment of Arctic sea ice has led to increased human activities in the Arctic, and has heightened concerns about the region's future. Issues such as Arctic sovereignty claims; commercial shipping through the Arctic; Arctic oil, gas, and mineral exploration; endangered Arctic species; and increased military operations in the Arctic could cause the region in coming years to become an arena of international cooperation, competition, or conflict. This report provides an overview of Arctic-related issues for Congress, and refers readers to more in-depth CRS reports on specific Arctic-related issues.
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Securing America's Borders: The Role of the Intelligence Community

Securing America's Borders: The Role of the Intelligence Community

Date: December 7, 2010
Creator: Best, Jr., Richard A.
Description: Maintaining the security of U.S. borders is a fundamental responsibility of the federal government. This report discusses the contribution of intelligence agencies to the border security efforts of the Department of Homeland Security, the Department of Defense, and other federal agencies that work in cooperation with state, local, and tribal law enforcement agencies. Much of the intelligence community's border security-related efforts are classified, however.
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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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Unauthorized Alien Students: Issues and "DREAM Act" Legislation

Unauthorized Alien Students: Issues and "DREAM Act" Legislation

Date: December 1, 2010
Creator: Bruno, Andorra
Description: Supporters of comprehensive immigration reform have urged the President and Congress to pursue reform legislation. While legislative action on comprehensive reform does not appear likely during the remainder of the 111th Congress, there may be an effort to enact a measure, commonly referred to as the "DREAM Act," to enable certain unauthorized alien students to legalize their status. This report discusses the DREAM act and related issues.
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Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials

Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials

Date: September 24, 2010
Creator: Elsea, Jennifer K.
Description: On June 1, 2010, the U.S. Supreme Court decided unanimously in Samantar v. Yousef that the Foreign Sovereign Immunities Act (FSIA), which governs the immunity of foreign states in U.S. courts, does not apply in suits against foreign officials. This report provides an overview of the FSIA, followed by a consideration of the remaining options for foreign officials who seek immunity from lawsuits, as well as some of the questions that may emerge from each option. The report also addresses legislation that would affect the immunity of foreign officials, including S. 2930.
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Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures

Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures

Date: October 1, 2010
Creator: Manuel, Kate M.
Description: 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.
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The Army Corps of Engineers' Nationwide Permits Program: Issues and Regulatory Developments

The Army Corps of Engineers' Nationwide Permits Program: Issues and Regulatory Developments

Date: December 28, 2010
Creator: Copeland, Claudia
Description: Congressional interest in wetlands permit regulatory programs has been evident in the past in oversight hearings and in connection with bills to fund the Corps' regulatory programs. For some time, there has been a stalemate over legislation that would revise wetlands regulatory law and that could, if enacted, modify the nationwide permit program. During this time, no consensus has emerged on whether or how to reform overall wetlands policy legislatively. Recently, Obama Administration initiatives and actions intended to restrict harmful effects of surface coal mining activities in Appalachia have drawn congressional attention and criticism that is likely to continue in the 112th Congress and that could include oversight of the Corps' regulatory program generally.
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Federal Employees' Retirement System: Benefits and Financing

Federal Employees' Retirement System: Benefits and Financing

Date: September 15, 2010
Creator: Isaacs, Katelin P.
Description: Most civilian federal employees who were hired before 1984 are covered by the Civil Service Retirement System, and contribute 7.0% of their pay to a retirement fund. Federal employees hired in 1984 or later are covered by the Federal Employees' Retirement System and contribute 0.8% of their pay to a retirement fund. Both require participants to contribute toward the cost of their pensions through a payroll tax. The taxable wage base is $106,800 in 2010. This report discusses both retirement funds.
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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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Abortion Services and Military Medical Facilities

Abortion Services and Military Medical Facilities

Date: December 16, 2010
Creator: Burrelli, David F.
Description: The purpose of this report is to describe and discuss the provisions for providing abortion services to military personnel, their dependents, and other military health care beneficiaries at military medical facilities. The report describes the history of these provisions, with particular emphasis on legislative actions. Finally, this report discusses a number of proposals to modify the law, as well as other related legislative and administrative actions.
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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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A U.S.-centric Chronology of the International Climate Change Negotiations

A U.S.-centric Chronology of the International Climate Change Negotiations

Date: January 7, 2010
Creator: Leggett, Jane A.
Description: The Copenhagen conference in December 2009 achieved only mandates to continue negotiating toward the next Conference of the Parties (COP) to be held in Mexico City in December 2010. As a background to these proceedings, this document provides a U.S.-centric chronology of the international policy deliberations to address climate change from 1979-2009. Negotiations underway since 2007 have run on two tracks, the Kyoto Protocol the Convention under the Bali Action Plan. Many in the U.S. Congress are concerned with the goals and obligations that a treaty or other form of agreement might embody. For U.S. legislators, additional issues include the compatibility of any international agreement with U.S. domestic policies and laws; the adequacy of appropriations, fiscal measures, and programs to achieve any commitments under the agreement; and the desirable form of the agreement and related requirements, with a view toward potential Senate ratification of the agreement and federal legislation to assure that U.S. commitments are met.
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Authority of State and Local Police to Enforce Federal Immigration Law

Authority of State and Local Police to Enforce Federal Immigration Law

Date: September 17, 2010
Creator: Garcia, Michael John & Manuel, Kate M.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department