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Overview of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003
This report examines the the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, which creates a prescription drug benefit for Medicare beneficiaries and establishes a new Medicare Advantage program to replace the current Medicare+Choice program.
Telemarketing: Dealing with Unwanted Telemarketing Calls
This report provides summaries of the federal laws and regulations particular to telemarketing, the establishment of a national do-not-call registry, and the options that are available to consumers to limit the calls that they receive from telemarketers and to report questionable telemarketing practices to local or federal authorities. The report also lists sources of additional information with addresses, phone numbers, and Internet sites (if available).
Consumer Product Safety Improvement Act of 2008: P.L. 110-314
This report provides an overview of the prior authority of the CPSC to establish consumer product safety standards and to inspect and recall unsafe consumer products, and discussing P.L. 110-314, the Consumer Product Safety Improvement Act of 2008, reforming the CPSC and strengthening enforcement of consumer product safety standards.
Telemarketing: Dealing with Unwanted Telemarketing Calls
This report provides summaries of the federal laws and regulations particular to telemarketing, the establishment of a national do-not-call registry, and on the options that are available to consumers to attempt to limit the calls that they receive from telemarketers and to report questionable telemarketing practices to local or federal authorities. The report also lists sources of additional information with addresses, phone numbers, and Internet sites (if available) and will be updated as legislation or news events warrant.
Credit Card Minimum Payments
Recently, credit card issuers began adjusting their minimum payment formulas, raising the amount of the required monthly payment. Congress has focused on the need to increase consumer awareness of the financial jeopardy that can result from paying only the required minimum. This report provides an overview of the issues and congressional action. It will be updated as events warrant.
Copyright Law: Digital Rights Management Legislation
Digital Rights Management (DRM) refers to the technology that copyright owners use to protect digital media. This report surveys several of the DRM bills that were introduced in the 107th Congress and those that are pending in the 108th Congress. Generally, the bills are directed at two separate goals. One goal is to increase access to digitally-protected media for lawful purposes. The other attempts to thwart digital piracy and would do so by enhancing civil and criminal sanctions for digital (and traditional) copyright infringement and educating the public about the rights of copyright holders.
The Budget for Fiscal Year 2008
This report discusses the Food and Drug Administration's (FDA's) FY2009 budget request of $2.676 billion that would provide a 17.9% increase ($406 million) over FY2008. It includes an overview and breakdowns for specific programs: Foods Program, Human Drugs Program, Biologics program, Animal Drugs and Feed Program, and the Devices and Radiological Health Program.
Copyright Law: Digital Rights Management Legislation
Digital Rights Management (DRM) refers to the technology that copyright owners use to protect digital media. This report surveys several of the DRM bills that were introduced in the 107th Congress and those that are pending in the 108th Congress. Generally, the bills are directed at two separate goals. One goal is to increase access to digitally-protected media for lawful purposes. The other attempts to thwart digital piracy and would do so by enhancing civil and criminal sanctions for digital copyright infringement and educating the public about the rights of copyright holders.
The Chained Consumer Price Index: How Is It Different?
This report is categorized into four categories: (I) Introduction, (II) Methodological Differences, (III) Statistical Differences, (IV) Policy Consideration.
Copyright Law: Digital Rights Management Legislation in the 107th and 108th Congresses
Digital Rights Management (DRM) refers to the technology that copyright owners use to protect digital media. This report surveys several of the DRM bills that were introduced in the 107th and 108th Congresses. Generally, the bills are directed at two separate goals. One goal is to increase access to digitally-protected media for lawful purposes. The other attempts to thwart digital piracy and would do so by enhancing civil and criminal sanctions for digital (and traditional) copyright infringement and educating the public about the rights of copyright holders.
Discriminatory Pricing and the Robinson- Patman Act: Brief Background and Analysis
This report discusses the Robinson-Patman (R-P) Act, which makes it unlawful, with certain exceptions, to knowingly sell goods "in commerce," for use or sale within the United States, at differing prices to contemporaneous buyers of those goods.
The FDA FY2009 Budget
This report discusses the Food and Drug Administration's (FDA's) FY2009 budget request of $2.676 billion that would provide a 17.9% increase ($406 million) over FY2008. It includes an overview and breakdowns for specific programs: Foods Program, Human Drugs Program, Biologics program, Animal Drugs and Feed Program, and the Devices and Radiological Health Program.
Products Liability: A Legal Overview
This report discusses products liability, which refers to the liability of a manufacturer or seller for injury caused by his product to the person or property of a buyer or third party. Legal developments starting in the 1960s, particularly the adoption of strict tort liability, have made it substantially easier for persons injured by defective products to recover damages.
Direct-to-Consumer Advertising of Prescription Drugs
This report describes the current status of direct-to-consumer (DTC) drug advertising; analyzes issues surrounding it; and discusses potential options for Congress.
Financial Regulatory Reform: Analysis of the Consumer Financial Protection Agency (CFPA) as Proposed by the Obama Administration and H.R. 3126
This report provides a brief summary of the President's Consumer Financial Protection Agency Act of 2009 and delineates some of the substantive differences between it and H.R. 3126, as introduced. It then analyzes some of the policy implications of the proposal, focusing on the separation of safety and soundness regulation from consumer protection, financial innovation, and the scope of regulation.
Consumers and Food Price Inflation
The heightened commodity price volatility of 2008 and the subsequent acceleration in U.S. food price inflation raised concerns and generated many questions about farm and food price movements by Members of Congress and their constituents. This report responds to those concerns by addressing the nature and measurement of retail food price inflation.
Financial Regulatory Reform: Analysis of the Consumer Financial Protection Agency (CFPA) as Proposed by the Obama Administration and H.R. 3126
This report provides a brief summary of the Obama Administration's Consumer Financial Protection Agency Act of 2009 (CFPA) and delineates some of the substantive differences between it and H.R. 3126, as ordered to be reported by the House Financial Services Committee, as well as the version that was ordered to be reported by the House Energy and Commerce Committee.
Advertising Industry in the Digital Age
This report discusses regulatory challenges faced by policymakers as the advertising industry enters a period of far-reaching change brought about by the economic downturn and structural shifts as consumers move to the Internet and other digital platforms for news, entertainment, and socializing.
Health and Safety Concerns Over U.S. Imports of Chinese Products: An Overview
This report provides an overview of concerns about the health, safety, and quality of imported Chinese products, and implications for U.S.-China trade relations.
Financial Regulatory Reform: Analysis of the Consumer Financial Protection Agency (CFPA) as Proposed by the Obama Administration and H.R. 3126
This report provides a brief summary of the President's Consumer Financial Protection Agency Act of 2009 (the CPFA Act or the Act) and delineates some of the substantive differences between it and H.R. 3126, as introduced. It then analyzes some of the policy implications of the proposal, focusing on the separation of safety and soundness regulation from consumer protection, financial innovation, and the scope of regulation. The report then raises some questions regarding state law preemption, sources of funding, and rule-making procedures that the Act does not fully answer.
Financial Market Turmoil and U.S. Macroeconomic Performance
Lending in credit markets requires confidence in the borrowers' ability to repay the debt (principal and interest) in full and on schedule. The current turmoil in U.S. financial markets is the result of a breakdown in that necessary confidence. A number of indicators have pointed to a substantial rise in the cost of credit and a decrease in the flow of credit to the broader economy. Economic policy may be needed to get credit flowing smoothly again and to mitigate the damage incurred by households and non-financial businesses. Three types of policy response exist and are being applied in varying degrees. This report discusses each of these policy responses.
The Emergency Economic Stabilization Act's Insurance for Troubled Assets
Many observers trace the root cause of recent instability in financial markets to uncertainty surrounding the value of widely held securities that are based on mortgages and mortgage-related assets. The introduction of the Emergency Economic Stabilization Act of 2008 (EESA) was designed to address said financial instability through a variety of measures, including an insurance program for "troubled assets." This report briefly summarizes and analyzes the insurance program contained in the enacted version of the EESA.
Credit Default Swaps: Frequently Asked Questions
Credit default swaps are contracts that provide protection against default by third parties, similar to insurance. These financial derivatives are used by banks and other financial institutions to manage risk. The rapid growth of the derivatives market, the potential for widespread credit defaults (such as defaults for subprime mortgages), and operational problems in the over-the-counter (OTC) market where credit default swaps are traded, have led some policymakers to inquire if credit default swaps are a danger to the financial system and the economy. This report defines credit default swaps, explains their use by banks for risk management, and discusses the potential for systemic risk.
The FDA 2009 Budget Request
The Administration's FY2009 budget request of $2.4 billion for the Food and Drug Administration (FDA) would provide a 5.7% increase ($130 million) over FY2008. User fees would make up about 26% of the total amount requested and would account for 61% of the proposed increase. Budget documents indicate that the additional funding would provide for expanded activities to ensure the safety of foods and drugs, as well as to accelerate the availability of new medical products. About half of the requested increase would be used for cost-of-living pay increases, as opposed to new program activities.
Health and Safety Concerns Over U.S. Imports of Chinese Products: An Overview
China is a major source of U.S. imports of consumer products (such as toys) and an increasingly important supplier of various food products. Reports of unsafe seafood, pet food, toys, tires, and other products imported from China over the past year or so have raised concern in the United States over the health, safety, and quality of imported Chinese products. This report provides an overview of this issue and implications for U.S.-China trade relations.
Health and Safety Concerns Over U.S. Imports of Chinese Products: An Overview
China is a major source of U.S. imports of consumer products (such as toys) and an increasingly important supplier of various food products. Reports of unsafe seafood, pet food, toys, tires, and other products imported from China over the past year or so have raised concern in the United States over the health, safety, and quality of imported Chinese products. This report provides an overview of this issue and implications for U.S.-China trade relations.
Health and Safety Concerns Over U.S. Imports of Chinese Products: An Overview
China is a major source of U.S. imports of consumer products (such as toys) and an increasingly important supplier of various food products. Reports of unsafe seafood, pet food, toys, tires, and other products imported from China over the past year or so have raised concern in the United States over the health, safety, and quality of imported Chinese products. This report provides an overview of this issue and implications for U.S.-China trade relations.
Health and Safety Concerns Over U.S. Imports of Chinese Products: An Overview
China is a major source of U.S. imports of consumer products (such as toys) and an increasingly important supplier of various food products. Reports of unsafe seafood, pet food, toys, tires, and other products imported from China over the past year or so have raised concern in the United States over the health, safety, and quality of imported Chinese products. This report provides an overview of this issue and implications for U.S.-China trade relations.
Health and Safety Concerns Over U.S. Imports of Chinese Products: An Overview
China is a major source of U.S. imports of consumer products (such as toys) and an increasingly important supplier of various food products. Reports of unsafe seafood, pet food, toys, tires, and other products imported from China over the past year or so have raised concern in the United States over the health, safety, and quality of imported Chinese products. This report provides an overview of this issue and implications for U.S.-China trade relations.
Increases in Tricare Costs: Background and Options for Congress
In its FY2007 budget submission, the Department of Defense (DOD) proposed increases in Tricare enrollment fees, deductibles, and pharmacy co-payments for retired beneficiaries not yet eligible for Medicare. The raises were justified by DOD as necessary to constrain the growth of health care spending as a proportion of the overall defense budget in the next decade. Many beneficiaries argued that the proposed hikes were unfair and unnecessary. The FY2007 Defense Authorization Act prohibited increases in premiums, deductibles, and co-payments prior to September 30, 2007. The FY2008 National Defense Authoriztion Act extended the prohibition of increases in co-payments and enrollment fees until October 2008 and Congress may move to extend them further.
"Price Gouging," the Antitrust Laws, and Vertical Integration in the Petroleum Industry: How They Are Related
This report, which may be updated to further reflect congressional action, attempts to provide the antitrust context for prohibited practices, such as "price gouging"; notes prior congressional action concerning vertical divestiture in the petroleum industry; and provides information on the state "divorcement" statutes.
Spyware: Background and Policy Issues for Congress
The term "spyware" is not well defined. Generally, it is used to refer to any software that is downloaded onto a person's computer without their knowledge. Spyware may collect information about a computer user's activities and transmit their information to someone else. Most spyware is installed surreptitiously, and most users are therefore unaware that spyware exists on their computers. A central point of the spyware debate in Congress is whether new laws are needed, or if industry self-regulation, coupled with enforcement actions under existing laws, such as the Trade Commission Act, is sufficient.
U.S. Tobacco Production, Consumption, and Export Trends
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U.S. Tobacco Production, Consumption, and Export Trends
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Spyware: Background and Policy Issues for Congress
The term “spyware” is not well defined. Generally, it is used to refer to any software that is downloaded onto a person’s computer without their knowledge. Spyware may collect information about a computer user’s activities and transmit that information to someone else. It may change computer settings, or cause “pop-up” advertisements to appear (in that context, it is called “adware”). Spyware may redirect a Web browser to a site different from what the user intended to visit or change the user’s home page. A type of spyware called “keylogging” software records individual keystrokes, even if the author modifies or deletes what was written, or if the characters do not appear on the monitor. Thus, passwords, credit card numbers, and other personally identifiable information may be captured and relayed to unauthorized recipients.
Steel: Price and Policy Issues
Steel prices remain at historically elevated levels. The rapid growth of steel production and demand in China is widely considered as a major cause of the increases in both steel prices and the prices of steelmaking inputs. Steel companies have achieved much greater pricing power, in part through an ongoing consolidation of the industry
Standardized Choices: Medigap Lessons for Medicare Part D
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Payday Loans: Federal Regulatory Initiatives
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Medicare Prescription Drug Benefit: An Overview of Implementation for Dual Eligibles
This report provides background information on the early stages of the implementation of the Medicare Part D outpatient prescription drug program. This report describes certain policies and implementation issues related to those who are not dually eligible.
Geographical Indications and WTO Negotiations
This report discusses the issue of expanding intellectual property protections for geographical indications for wines, spirits, and agricultural products is being debated in the World Trade Organization (WTO).
Farm Product "Check-Off" Programs: A Constitutional Analysis
This report begins with a brief introduction to check-off programs and then describes many of the First Amendment principles that have been discussed in checkoff cases. Next is an analysis of the first two challenges that reached the Supreme Court, as well as a brief discussion of subsequent lower court decisions. This report concludes with a discussion of Johanns v. Livestock Marketing Association and its possible implications for check-off programs.
Data Security: Protecting the Privacy of Phone Records
This report discusses recent legislative and regulatory efforts to protect the privacy of customer telephone records, and efforts to prevent the unauthorized use, disclosure, or sale of such records by data brokers. In addition, it provides a brief overview of the confidentiality protections for customer information established by the Communications Act of 1934.
Data Security: Protecting the Privacy of Phone Records
This report discusses recent legislative and regulatory efforts to protect the privacy of customer telephone records, and efforts to prevent the unauthorized use, disclosure, or sale of such records by data brokers. In addition, it provides a brief overview of the confidentiality protections for customer information established by the Communications Act of 1934.
Spyware: Background and Policy Issues for Congress
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The Internal Revenue Service's Use of Private Debt Collection Agencies: Current Status and Issues for Congress
Under the American Jobs Creation Act of 2004 (AJCA, P.L. 108-357), the Internal Revenue Service (IRS) has acquired for the second time in its history the legal authority to hire private debt collection agencies (PCAs) to assist in the collection of certain individual tax debt. The grant of authority grew out of a proposal made by the Bush Administration in its budget request for the IRS in both FY2004 and FY2005. This report focuses on IRS’s current plan for hiring PCAs to collect delinquent individual taxes and the policy issues it raises. It begins with an examination of the scope of IRS’s authority to use PCAs under the AJCA and concludes with a discussion of the main issues for Congress as it oversees IRS’s efforts to implement and manage the private tax debt collection initiative. The report will be updated to reflect significant legislative action and new developments related to the initiative
Wireless Privacy and Spam: Issues for Congress
Wireless communications devices such as cell phones and personal digital assistants (PDAs) are ubiquitous. Some consumers, already deluged with unwanted commercial messages, or “spam,” via computers that access the Internet by traditional wireline connections, are concerned that such unsolicited advertising is expanding to wireless communications, further eroding their privacy. Congress continues to debate how to protect wireless subscribers further, and several bills were considered in the 108th Congress.
Products Liability: A Legal Overview
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State Securities Class Action Suits: Merrill Lynch, Pierce, Fenner
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The Pros and Cons of Allowing the Federal Government to Negotiate Prescription Drug Prices
The Medicare Prescription Drug, Improvement, and Modernization Act (MMA) expressly forbids the Secretary of Health and Human Services (HHS) from negotiating the price of prescription drugs on behalf of Medicare beneficiaries. This report outlines the arguments for and against allowing the federal government to negotiate prescription drug prices on behalf of Medicare beneficiaries. This report will be updated, as needed.
Homeland Security Act of 2002: Tort Liability Provisions
The Homeland Security Act of 2002, P.L. 107-296 (H.R. 5005), contains the following provisions that limit tort liability, and this report examines each of them 1) Section 304,863,8901201,1402,1714-1717.
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