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Merger and Antitrust Issues in Agriculture: Statutes and Agencies
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Merger and Antitrust Issues in Agriculture: Statutes and Agencies
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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Substantive Due Process and a Right to Clone
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Sexual Harassment and Violence Against Women: Developments in Federal Law
Gender-based discrimination, harassment, and violence against women in the home, workplace, and society at large are continuing topics of legislative and judicial concern. Legal doctrines condemning the extortion of sexual favors as a condition of employment or job advancement, and other sexually offensive workplace behaviors resulting in a "hostile environment," have evolved from judicial decisions under Title VII of the 1964 Civil Rights Act and related federal laws.
Brownfields and Superfund Issues in the 108th Congress
The Superfund program for cleaning up the nation’s worst hazardous waste sites was created by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, or CERCLA (P.L. 96-510, as amended). This report discusses recent development and background issues, superfund issues, revenue issues, comprehensive reauthorization, and legislation regarding superfund program.
War on Drugs: Legislation in the 108th Congress and Related Developments
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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.
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.
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.
Safe Drinking Water Act: Implementation and Issues
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Safe Drinking Water Act: Implementation and Issues
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Education Vouchers: Constitutional Issues and Cases
This report details the constitutional standards that currently apply to indirect school aid programs and summarizes all of the pertinent Supreme Court decisions, with particular attention to Zelman. It also summarizes the pending case of Davey v. Locke and other recent and ongoing state and lower federal court cases concerning vouchers.
The Uniformed and Overseas Citizens Absentee Voting Act: Background and Issues
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"Spam": An Overview of Issues Concerning Commercial Electronic Mail
This report discusses Spam, also called unsolicited commercial email (UCE) or "junk email." Not only can Spam be a nuisance, but its cost may be passed on to consumers through higher charges from Internet service providers who must upgrade their systems to handle the traffic. Proponents of UCE insist it is a legitimate marketing technique that is protected by the First Amendment. This report discusses this issue in detail, as well as related legislation.
Energy Efficiency and Renewable Energy Legislation in the 109th Congress
This report reviews the status of energy efficiency and renewable energy legislation introduced during the 109th Congress. Action in the second session has focused on appropriations bills; the first session focused on omnibus energy policy bill H.R. 6 and several appropriations bills. this report describes several major pieces of legislation, including the Energy Policy Act of 2005 and the Transportation Equity Act. For each bill listed in this report, a brief description and a summary of action are given, including references to committee hearings and reports. Also, a selected list of hearings on renewable energy is included.
Proposed Change to the Foreign Intelligence Surveillance Act (FISA) under S. 113
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Yugoslavia War Crimes Tribunal: Current Issues for Congress
This report discusses the prosecution of Yugoslavian war crimes.
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.
Taxpayer Protection and IRS Accountability Act of 2002, H.R. 3991
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Federal Aviation Administration Reauthorization: An Overview of Selected Provisions in Proposed Legislation
This report is intended to provide a brief summary and analysis of major legislative provisions under consideration in the ongoing Federal Aviation Administration reauthorization process. The report is organized into six major program areas: aviation system finance; airport finance; FAA management and organizational issues; system capacity and safety; environmental issues; and miscellaneous programs and provisions. In several cases, provisions that appear in various unrelated sections of proposed legislation have been rearranged in this report in an effort to group and discuss related items in an issue-driven or programmatic context. Since this report is primarily written as a means of communicating key legislative provisions under consideration in the ongoing FAA reauthorization process, it does not go into detail regarding the specific policy issues behind these legislative proposals.
Enforcing Immigration Law: The Role of State and Local Law Enforcement
This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
Information Brokers: Federal and State Laws
This report discusses the federal and state laws that could be applicable to information brokers and legislation that has been introduced to address consumer concerns about the practice of information gathering, the selling of information, and identity theft resulting from security breaches.
Campaign Finance: Brief Overview of
On May 2, 2003, the U.S. District Court for the District of Columbia issued its decision in McConnell v. FEC, striking down many key provisions of the law. This report provides a brief overview of the court’s decision and will be updated. The three-judge panel, which was split 2 to 1 on many issues, ordered that its ruling take effect immediately. Since the court has issued its opinion, several appeals have been filed. Under the BCRA expedited review provision, the court’s decision will be reviewed directly by the U.S. Supreme Court. On May 19 the U.S. district court issued a stay to its ruling, which leaves BCRA, as enacted, in effect until the Supreme Court issues a decision
Campaign Finance: Brief Overview of
On May 2, 2003, the U.S. District Court for the District of Columbia issued its decision in McConnell v. FEC, striking down many key provisions of the law. This report provides a brief overview of the court’s decision and will be updated. The three-judge panel, which was split 2 to 1 on many issues, ordered that its ruling take effect immediately. Since the court has issued its opinion, several appeals have been filed. Under the BCRA expedited review provision, the court’s decision will be reviewed directly by the U.S. Supreme Court. On May 19 the U.S. district court issued a stay to its ruling, which leaves BCRA, as enacted, in effect until the Supreme Court issues a decision.
Enforcing Immigration Law: The Role of State and Local Law Enforcement
This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
Border Security: The San Diego Fence
This report outlines the issues involved with DHS's construction of the San Diego border fence and highlights some of the major legislative and administrative developments regarding its completion.
Bioterrorism: Legislation to Improve Public Health Preparedness and Response Capacity
While lawmakers work towards final passage of new authorizing legislation, Congress has appropriated $3 billion to the Dept. of Health and Human Services (HHS) for FY2002 to increase bio-terrorism preparedness at the federal, state, and local levels. HHS anti bio-terrorism funding was included in theFY2002Labor-HHS-Education appropriations bill (P.L. 107-116, H.R. 3061) and in the $20 billion emergency spending package (P.L. 107- 117, H.R. 3338). HHS is dispersing the funds according to existing authorities and the broad spending parameters set out in the appropriations bills.
Workforce Investment Act of 1998 (WIA): Reauthorization of Title I Job Training Programs
Title I of the Workforce Investment Act of 1998 (WIA) (P.L. 105-220), the country’s chief job training legislation, authorizes several job training programs, including Youth, Adult, and Dislocated Worker Activities; Job Corps; Youth Opportunity Grants; and programs for Native Americans, migrant and seasonal farmworkers, and veterans. The funding authorization for WIA programs expires on September 30,2003. On May 8, 2003, the House passed H.R. 1261, the Workforce Reinvestment and Adult Education Act of 2003. In addition to reauthorizing the Title I job training programs, the bill would also reauthorize the adult education and literacy programs and the Rehabilitation Act of 1973. This report focuses on provisions related to the Title I programs.
Lawsuits Against State Supporters of Terrorism: An Overview
A 1996 amendment to the Foreign Sovereign Immunities Act (FSIA) enables American victims of international terrorist acts supported by certain States designated by the State Department as supporters of terrorism — Cuba, Iran, Libya, North Korea, Sudan, Syria, and until recently, Iraq — to bring suit in federal court to seek monetarily damages. Holders of judgments against these States, however, have encountered difficulties in their efforts to collect, despite congressional efforts to make blocked (or “frozen”) assets of such States available for attachment by judgment creditors. A recent court decision invalidating plaintiffs’ cause of action under the 1996 law raises uncertainties about the future of lawsuits against terrorist States. This report provides an overview of these issues, including a summary of a lawsuit against Iran by former hostages, Roeder v. the Islamic Republic of Iran, and a lawsuit against Iraq by former prisoners of war (POWs), Acree v. Republic of Iraq, as well as a brief synopsis of relevant legislative proposals (H.R. 1321, H.R. 865, H.Con.Res. 93). These issues are covered in greater depth in CRS Report RL31258, Suits Against Terrorist States By Victims of Terrorism.
The Alternative Minimum Tax for Individuals: Legislative Initiatives in the 110th Congress
This report addresses the Legislative Initiatives in the 110th Congress of the Alternative Minimum Tax for Individuals.
Amendments Between the Houses
This report addresses Amendments between the Houses.
The Individuals with Disabilities Education Act: Paperwork in Special Education
CRS Report for Congress entailing information about paperwork in special education, regarding The Individuals with Disabilities Education Act (IDEA). Topics include, time spent on paperwork, commentary relating to paperwork.
The Individuals with Disabilities Education Act (IDEA): Overview of P.L. 108-446
The Individuals with Disabilities Education Act (IDEA) 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. The new law preserves the basic structure and civil rights guarantees of IDEA but also makes significant changes in the law. Most provisions of P.L. 108-446 go into effect on July 1, 2005. This report will briefly discuss several of the major changes made by the reauthorization.
The Individuals with Disabilities Education Act (IDEA): Selected Changes that Would be Made to the Law by H.R. 1350, 108th Congress
CRS Report for Congress entailing information about changes being made to the law because of the Individuals with Disabilities Act (IDEA). Topics include, eligibility by jurisdiction, safeguarding, evaluation and Individualized Education Programs (IEPS), etc..
Interior and Related Agencies: FY2006 Appropriations
This report is a guide to one of the regular appropriations bills that Congress considers each year.
Accounting Reform After Enron: Issues in the 108th Congress
This report discusses the anxieties within Congress in the wake of the Enron scandal. Moreover, the report notes that the 108th Congress is not likely to pass legislative reform as extreme as the 107th Congress, but will still confront issues of accounting reform. The report also highlights what the 108th Congress plans to reform.
Vocational Education: State Grant Formula Under Current Law and Reauthorization Issues
This report provides a detailed examination of the state grant formula under current law, focusing particularly on provisions that result in states receiving larger grants than they would have.
The Origination Clause of the U.S. Constitution: Interpretation and Enforcement
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Immigration: Terrorist Grounds for Exclusion and Removal of Aliens
"This report opens with an overview of the grounds for inadmissibility and summarizes key legislation enacted in recent years" (p. i).
Regulation of Energy Derivatives
After the collapse of Enron Corp. in late 2001, that company's activities came under intense scrutiny. Much of its business consisted of trading financial contracts whose value was derived from changes in energy prices. Enron's derivatives trading was largely "over-the-counter" (OTC) and unregulated: little information about transactions was available. This incident has sparked interest in reform of energy derivatives regulation. This report summarizes energy derivatives regulation and proposed legislation.
S. 2557, “Oil and Gas Industry Antitrust Act of 2006”: Brief Legal Analysis
This report analyzes ways to improve antitrust laws through S.557. These include, but are not limited to: mitigating regional shortages of oil petroleum and natural gas products, creating a federal task force to analyze information-sharing in the industry, and make U.S. antitrust laws applicable to the Organization of Petroleum Exporting Countries (OPEC).
Voting in the Senate: Forms and Requirements
This report provides an overview of the forms and requirements on voting in the Senate.
Unanimous Consent Agreements Establishing a 60-Vote Threshold for Passage of Legislation in the Senate
This report discusses the function and effects of adopting a 60-Vote requirement that establishes procedures for the consideration of legislation.
Item Veto and Expanded Impoundment Proposals: Legislative History and Current Status
This report provides an overview of the history and current status of the item veto and expanded impoundment proposals.
Energy Policy: Conceptual Framework and Continuing Issues
In the spring of 2006, crude oil prices were exceeding $70/barrel (bbl) in response to tight markets and uncertainty over the security of world oil supply. A number of developments have placed additional pressure on world markets, including Hurricanes Katrina and Rita (in late August and late September 2005), the phaseout of the gasoline additive methyl tertiary butyl ether (MTBE) and a renewable fuels mandate, and a continuing high and worldwide demand for oil. Energy policy issues for continuing interest include opening up the Arctic National Wildlife Refuge (ANWR) for leasing; Corporate Average Fuel Economy Standards (CAFE) for passenger vehicles; improving U.S. energy infrastructure, including pipelines and refineries; seeking effective means to promote energy conservation using currently available technologies, and developing new technologies and alternative fuels.
Products Liability: A Legal Overview
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