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- War on Drugs: Legislation in the 108th Congress and Related Developments
- 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.
- Compensatory Time vs. Cash Wages: Amending the Fair Labor Standards Act?
- In the 108th Congress, two work hours flexibility bills have been introduced: S. 317 by Senator Gregg and H.R. 1119 by Representative Biggert. Both bills deal with a compensatory time off option (comp time) — though the Gregg proposal is somewhat broader, projecting other changes in the overtime provisions of the Fair Labor Standards Act (FLSA) as well. This report is limited to consideration of the issue of comp time.
- War on Drugs: Legislation in the 108th Congress and Related Developments
- No Description Available.
- War on Drugs: Legislation in the 108th Congress and Related Developments
- No Description Available.
- War on Drugs: Legislation in the 108th Congress and Related Developments
- No Description Available.
- War on Drugs: Legislation in the 108th Congress and Related Developments
- No Description Available.
- War on Drugs: Legislation in the 108th Congress and Related Developments
- No Description Available.
- War on Drugs: Legislation in the 108th Congress and Related Developments
- No Description Available.
- War on Drugs: Legislation in the 108th Congress and Related Developments
- No Description Available.
- War on Drugs: Legislation in the 108th Congress and Related Developments
- No Description Available.
- WTO Decisions and Their Effect on U.S. Law
- Congress has comprehensively dealt with the legal effect of World Trade Organization (WTO) agreements and dispute settlement results in the United States in the Uruguay Round Agreements Act (URAA), P.L. 103-465, which provides that domestic law prevails over conflicting provisions of WTO agreements and prohibits private remedies based on alleged violations of these agreements. As a result, WTO agreements and adopted WTO rulings in conflict with federal law do not have domestic legal effect unless and until Congress or the Executive Branch, as the case may be, takes action to modify or remove the statute, regulation, or regulatory practice at issue. Violative state laws may be withdrawn by the state or, in rare circumstances, invalidated through legal action by the federal government. In addition, the URAA places requirements on federal regulatory action taken to implement WTO decisions and contains provisions specific to the implementation of dispute settlement panel and appellate reports that fault U.S. actions in trade remedy proceedings.
- The Family Educational Rights and Privacy Act: A Legal Overview
- The Family Educational Rights and Privacy Act of 1974 guarantees parental access to student education records, while limiting the disclosure of those records to third parties. The act, sometimes referred to as the Buckley Amendment, responded to parents' growing concerns over privacy and the belief that parents should have the right to learn about the information schools were using to make decisions concerning their children. This report provides an overview of the Family Educational Rights and Privacy Act's statutory provisions, as well as discusses several court cases that have clarified the statute's requirements.
- Crime Control Assistance Through the Byrne Programs
- The statute provides that states receive and distribute block grant funds and that the Bureau of Justice Assistance (BJA) of the U.S. Department of Justice awards discretionary grants for specified activities. Allocated largely on the basis of population, block grant funds are used for personnel, equipment, training, technical assistance, and information systems to improve criminal justice systems.
- 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.
- Unauthorized Alien Students: Issues and “DREAM Act” Legislation
- This report examines the Development, Relief, and Education for Alien Minors Act, or the DREAM Act. The bills were introduced in the 109th Congress, one of which was incorporated into the immigration reform bill passed by the Senate. A key issues in the current debate about immigration reform is how to address the resident unauthorized alien population.
- The Qualification of Minor and New Political Parties and Independent Candidates for a Place on the General Election Ballot
- This report includes the qualification of minor and new political parties and independent candidates for a place on the general election ballot as well as a compilation of summaries of state laws and an introductory analysis of selected court decisions.
- FBI Intelligence Reform Since September 11, 2001: Issues and Options for Congress
- This report identifies five options for Congress to consider, including the creation of a domestic intelligence agency like Great Britain’s MI-5.
- President Obama’s January 4, 2012, Recess Appointments: Legal Issues
- This report analyzes the legal issues associated with the President's asserted exercise of his Recess Appointments Clause power on January 4, 2012. The report begins with a general legal overview of the Recess Appointment Clause. This is followed by an analysis of two legal principles, standing and the political question doctrine, which may impede a reviewing court from reaching the merits of a potential legal challenge to the appointments.
- Federal Tort Claims Act
- The Federal Tort Claims Act is the statute by which the United States authorizes tort suits to be brought against itself. With exceptions, it makes the United States liable for injuries caused by the negligent or wrongful act or omission of any federal employee acting within the scope of his employment, in accordance with the law of the state where the act or omission occurred. This report discusses, among other things, the application of the Feres doctrine to suits for injuries caused by medical malpractice in the military, the prohibition of suits by victims of atomic testing, Supreme Court cases interpreting the discretionary function exception, the extent to which federal employees may be held liable for torts they commit in the scope of their employment, and the government contractor defense to products liability design defect suits.
- Unauthorized Aliens in the United States: Policy Discussion
- This report discusses the unauthorized immigrant (illegal alien) population in the United States, which is a key and controversial immigration issue.
- Intellectual Property Rights Violations: Federal Civil Remedies and Criminal Penalties Related to Copyrights, Trademarks, Patents, and Trade Secrets
- This report provides background information and issues for Congress on multiyear procurement (MYP) and block buy contracting (BBC), which are special contracting mechanisms that Congress permits the Department of Defense (DOD) to use for a limited number of defense acquisition programs.
- Safe Drinking Water Act: Implementation and Issues
- This report discusses key drinking water issues in the 109th Congress, including problems caused by specific contaminants, such as methyl tertiary butyl ether (MTBE) and perchlorate, as well as the related issue of the appropriate federal role in providing financial assistance for water infrastructure projects.
- State Legalization of Recreational Marijuana: Selected Legal Issues
- This report summarizes the Washington and Colorado marijuana legalization laws and evaluates whether, or the extent to which, they may be preempted by the Controlled Substances Act (CSA) or by international agreements. It also highlights potential responses to these recent legalization initiatives by the U.S. Department of Justice (DOJ) and identifies other noncriminal consequences that marijuana users may face under federal law.
- Intellectual Property Rights Violations: Federal Civil Remedies and Criminal Penalties Related to Copyrights, Trademarks, and Patents
- This report provides information describing the federal civil remedies and criminal penalties that may be available as a consequence of violations of the federal intellectual property laws: the Copyright Act of 1976, the Patent Act of 1952, and the Trademark Act of 1946 (conventionally known as the Lanham Act).
- Capital Punishment: An Overview of Federal Death Penalty Statutes
- This report lists the current federal capital offenses and summarizes the procedures for federal civilian death penalty cases. Several laws are relevant to the topic including: P.L. 103-322, the Violent Crime Control and Law Enforcement Act of 1994; the Anti-terrorism and Effective Death Penalty Act of 1996; and P.L. 107-197, the Terrorist Bombings Convention Implementation Act of 2002.
- Safe Drinking Water Act: Implementation and Issues
- This report discusses key drinking water issues in the 109th Congress, which have included problems caused by specific contaminants, such as methyl tertiary butyl ether (MTBE) and perchlorate, as well as the related issue of the appropriate federal role in providing financial assistance for water infrastructure projects. Congress last reauthorized the Safe Drinking Water Act (SDWA) in 1996, and although funding authority for most SDWA programs expired in FY2003, broad reauthorization bills have not been proposed, as the Environmental Protection Agency (EPA), states, and water systems remain busy implementing the 1996 amendments.
- Clean Water Act Issues in the 109th Congress
- This report discusses various issues in the 109th Congress pertaining to water infrastructure and water quality standards. Legislative initiatives to comprehensively amend the Clean Water Act (CWA) have stalled for some time as interested parties have debated whether and exactly how to change the law. Congress has recently focused legislative attention on narrow bills to extend or modify selected CWA programs, rather than taking up comprehensive proposals.
- Breastfeeding: Federal Legislation
- This is a report about Breastfeeding, specifically the Federal Legislation about it.
- Attempt: An Abridged Overview of Federal Criminal Law
- This report is an abridged version of CRS Report R42001, Attempt: An Overview of Federal Criminal Law, by Charles Doyle, without the footnotes, attributions, citations to authority, or appendix found in the longer report.
- Attempt: An Overview of Federal Criminal Law
- It is not a crime to attempt to commit most federal offenses. Unlike state law, federal law has no generally applicable crime of attempt. Congress, however, has outlawed the attempt to commit a substantial number of federal crimes on an individual basis. In doing so, it has proscribed the attempt, set its punishment, and left to the federal courts the task of further developing the law in this area. This report gives a background on, defines, explores defenses of, the sentencing of, and relations of other offenses to attempts of federal crimes.
- FY2016 Changes to DOD's 1033 Program
- This report briefly discusses the current status of the Department of Defense's (DOD's) 1033 Program, under which excess DOD property -- such as personal computers, vehicles, and firearms -- are made available to qualified federal, state, local, and tribal law enforcement agencies.
- Intellectual Property Rights Violations: Federal Civil Remedies and Criminal Penalties Related to Copyrights, Trademarks, and Patents
- This report provides information describing the federal civil remedies and criminal penalties that may be available as a consequence of violations of the federal intellectual property laws: the Copyright Act of 1976, the Patent Act of 1952, and the Trademark Act of 1946 (conventionally known as the Lanham Act).
- Burma’s Political Prisoners and U.S. Sanctions
- This report provides information about the Burma’s Political Prisoners and U.S. Sanctions including the Burmese freedom and Democracy act of 2003.
- Burma’s Political Prisoners and U.S. Sanctions
- This report provides information about the Burma’s Political Prisoners and U.S. Sanctions including the Burmese freedom and Democracy act of 2003.
- Asbestos Compensation Act of 2000
- This report summarizes H.R. 1283, 106th Congress, the Asbestos Compensation Act of 2000, as ordered to be reported with amendments by the House Committee on the Judiciary on March 16, 2000. The bill would create an administrative procedure for asbestos liability claims.
- Litigation Seeking to Establish Climate Change Impacts as a Common Law Nuisance
- This report discusses recent legislative initiatives seeking to establish climate change impacts as a common law nuisance. The report explains what private and public nuisances are, the issues faced by policymakers when litigating a climate-change/nuisance suit, and also discusses five climate-chance/nuisance suits that are now or formerly active, as a basis of comparison. The report also explores arguments of those both for and against addressing the complex issue of climate change through common law suits.
- Education Vouchers: Constitutional Issues and Cases
- This report details the constitutional standards that currently apply to indirect aid programs and summarizes all of the pertinent state and federal court decisions, including the Ohio case that will be heard by the Supreme Court. On September 25, 2001, the Supreme Court agreed to review a case raising the controversial issue of the constitutionality of education vouchers. In Zelman v. Simmons-Harris the Sixth Circuit held Ohio’s Pilot Scholarship Program, which provided up to $2500 to help low-income students in Cleveland’s public schools attend private schools in the city, to violate the establishment of religion clause of the First Amendment.
- Federal Statutes: What They Are and Where to Find Them
- This report provides a brief overview of Federal statutes and where to find them, both in hard copy and on the Internet. After providing an overview on the basics of Federal statutes, this report gives guidance on where Federal statutes, in their various forms, may be located on the Internet, where they are most readily accessible
- The Supreme Court Upholds EPA Standard-Setting Under the Clean Air Act:
- No Description Available.
- The Uniformed and Overseas Citizens Absentee Voting Act: Background and Issues for the 107th Congress
- No Description Available.
- Education Vouchers: Constitutional Issues and Cases
- This report details the constitutional standards that currently apply to indirect aid programs and summarizes all of the pertinent state and federal court decisions, including the Ohio case that will be heard by the Supreme Court. On September 25, 2001, the Supreme Court agreed to review a case raising the controversial issue of the constitutionality of education vouchers. In Zelman v. Simmons-Harris the Sixth Circuit held Ohio’s Pilot Scholarship Program, which provided up to $2500 to help low-income students in Cleveland’s public schools attend private schools in the city, to violate the establishment of religion clause of the First Amendment.
- Education Vouchers: Constitutional Issues and Cases
- This report details the constitutional standards that currently apply to indirect aid programs and summarizes all of the pertinent state and federal court decisions, including the Ohio case that will be heard by the Supreme Court. On September 25, 2001, the Supreme Court agreed to review a case raising the controversial issue of the constitutionality of education vouchers. In Zelman v. Simmons-Harris the Sixth Circuit held Ohio’s Pilot Scholarship Program, which provided up to $2500 to help low-income students in Cleveland’s public schools attend private schools in the city, to violate the establishment of religion clause of the First Amendment.
- Education Vouchers: Constitutional Issues and Cases
- This report details the constitutional standards that currently apply to indirect aid programs and summarizes all of the pertinent state and federal court decisions, including the Ohio case that will be heard by the Supreme Court. On September 25, 2001, the Supreme Court agreed to review a case raising the controversial issue of the constitutionality of education vouchers. In Zelman v. Simmons-Harris the Sixth Circuit held Ohio’s Pilot Scholarship Program, which provided up to $2500 to help low-income students in Cleveland’s public schools attend private schools in the city, to violate the establishment of religion clause of the First Amendment.
- Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
- This report considers the constitutionality of federal tort reform legislation, such as the products liability and medical malpractice reform proposals that have been introduced for the last several Congresses.
- The Taxpayer Relief Act of 1997: An Overview
- No Description Available.
- Anti-Tax-Shelter and Other Revenue-Raising Tax Proposals Considered in the 108th Congress
- Several bills introduced in the 108th Congress included revenue-raising provisions, particularly those aimed at tax shelters that are generally used by corporations. In 2003, anti-sheltering provisions were included in several bills. This report is an overview of the revenue-raising provisions in the original reported versions of H.R. 2896 and S. 1637 and the final anti-sheltering bill as enacted.
- Terrorism Risk Insurance: An Overview
- No Description Available.
- 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.
- Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
- This report considers the constitutionality of federal tort reform legislation, such as the products liability and medical malpractice reform proposals that have been introduced for the last several Congresses.