Congressional Research Service Reports - 366 Matching Results
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- Monopoly and Monopolization - Fundamental But Separate Concepts in U.S. Antitrust Law
- This report illustrates the difference between the concepts of “monopoly” and “monopolization” by touching on the monopoly/monopolization thinking in the Antitrust Division of the Department of Justice (DoJ) and the Federal Trade Commission (FTC), as illustrated in (1) statements on merger enforcement made by recent antitrust enforcement officials (generally indicative of the agencies’ concerns about competitive conditions and the effect of various market transactions), (2) the 1992 Horizontal Merger Guidelines 2 and (3) some observations on the Government actions against the Microsoft and Intel Corporations.
- California Air Quality FIP - A Fact Sheet
- On April 10, 1995, President Clinton signed P.L. 104-6, which contained a provision that rescinds the Federal air quality implementation plan (FIP) for the South Coast, Ventura, and Sacramento areas of California.(1) As a result, the FIP issued by EPA has no further force and effect, and California will continue pursuing approval of its own State implementation plan (SIP) in lieu of the FIP. Promulgation of the FIP was perceived by some within the State as having a detrimental effect on California's industries and economy resulting from costly and burdensome air pollution control measures contained in the plan.
- Abortion Procedures
- This report discusses the Partial-Birth Abortion Act of 1997 (H.R. 1122). The report summarizes the legislation and why President Clinton vetoed it. Moreover, the report includes President Clinton's recommendation to amend the bill for him to pass. The report also suggests that little data has been created on the issue, but that it utilizes what data has been created.
- Cooperative Research and Development Agreements and Semiconductor Technology: Issues Involving the “DOE-Intel CRADA"
- This report provides information on the federal interest in cooperation R&D and the laws that shape such efforts.
- General Overview of United States Antitrust Law
- This report presents brief summaries of (1) the primary United States antitrust statutes, and (2) some of the activities which are generally considered to be violations of those laws. There is also some reference to the prohibition against unfair competition and the "unfairness" jurisdiction of the Federal Trade Commission (FTC). There is not, however, any discussion of the extraterritorial reach of the United States antitrust laws. Further, the laws whose descriptions follow do not constitute all of the statutes which are applicable to antitrust issues, but rather, constitute those which are most often utilized.
- The Budget Enforcement Act of 1997
- President Clinton signed two reconciliation acts into law in August 1997 as part of a plan to balance the budget by FY2002. To ensure compliance with this goal, enforcement procedures were included in one of the acts in a title referred to separately as the Budget Enforcement Act (BEA) of 1997. The BEA of 1997 extends procedures under the Budget Enforcement Act (BEA) of 1990 through FY2002
- Abortion Procedures
- The Partial-Birth Abortion Ban Act of 1997, H.R. 1122 was vetoed by President Clinton on October 10, 1997. This legislation would have made it a federal crime, punishable by fine and/or incarceration, for a physician to perform a partial birth abortion unless it was necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury. The partial-birth abortion legislation has stimulated a great deal of controversy. This report provides a brief overview of the abortion methods currently in use for which data have been published and some positions on the partial birth abortion legislation.
- Antiterrorism and Effective Death Penalty Act of 1996: A Summary
- The Antiterrorism and Effective Death Penalty Act of 1996 is the product of legislative efforts stretching back well over a decade and stimulated to passage in part by the tragedies in Oklahoma City and the World Trade Center. This report summarizes the six titles of the Act, its sources, and related legislation.
- Attempt To Commit A Federal Crime: S. 171, A Proposed General Statute
- There is no general federal statute proscribing criminal attempts; the federal criminal statutes are written in such a manner so as to include only the attempt to commit a specific substantive crime or substantive offense. Therefore, a specific in intent crime would require that the offender specifically intended to devise a scheme intended to commit the crime. The government, on the other hand, must present proof by inferences from the circumstances that the offender possessed the specific intent to commit the crime. This approach to the law has led to a patchwork of attempt statutes- leaving gaps in coverage, and failing to satisfactorily define exactly what constitutes an attempt in all circumstances an attempt in all circumstances. It is also the intent of the legislation to fill the gaps found in the current attempt statutes. This report will be updated if legislative activity warrant.
- Education Vouchers: The Constitutional Standards
- The Court’s decisions permit a limited degree of public aid to be provided directly and a broader range of assistance indirectly. This report sketches the constitutional standards that apply to public aid to sectarian schools and especially to programs of indirect assistance such as education vouchers. It also summarizes recent significant state court decisions involving vouchers.
- Central American Asylum Seekers: Impact of 1996 Immigration Law
- This report discuses issues related to the significant portion of the Central Americans affected by the IIRIRA revisions still have asylum cases pending and may obtain legal permanent residence by that avenue if they demonstrate a well-founded fear of persecution. The Attorney General also has the discretionary authority to grant blanket relief from deportation, but the discretionary forms of relief do not entail legal permanent residence. There is considerable interest in this issue in the 105th Congress, and the Senate passed by a vote of 99 to 1 an amendment to provide relief for certain Central Americans to the D.C. appropriations bill (S.1156).
- The Commerce Clause as a Limit on Congressional Power to Protect the Environment
- Several times during the 1990s the Supreme Court struck down federal enactments as exceeding Congress' power under the Commerce Clause or Tenth Amendment. This report briefly reviews three of these decisions -- United States v. Lopez, New York v. United States, and Printz v. United States. Its focus, however, is how these cases have played out in subsequent lower-court challenges to federal environmental laws. The report shows that Supreme Court rulings in favor of these states notwithstanding, such laws have generally, though not always, been found within Commerce Clause and Tenth Amendment limits.
- The Farm Bill: Soil and Water Conservation Issues
- This report discusses resource conservation topics, which are a part of the farm bill debate. Debate on existing programs focuses on reauthorization of the Conservation Reserve Program and possible amendments to the reserve, swampbuster, and conservation compliance.
- Uniform Standards in Private Securities Litigation: Limitations on Shareholder Lawsuits
- No Description Available.
- Charter Schools: State Developments and Federal Policy Options
- Charter schools are public elementary or secondary schools which are released from a variety of state, local, and possibly federal regulations in return for new forms of accountability in terms of outcomes for pupils. Approximately one-half of the states authorize the establishment of charter schools, and a federal Public Charter Schools (PCS) program provides start-up funds for such schools. The House has passed (H.R. 2616), and the Senate is considering (S. 1380) legislation to modify and expand the PCS program. This report provides background information on charter schools and their characteristics, plus discussion and analysis of current legislation regarding the PCS program. Issues have also arisen regarding the participation of charter schools in other federal aid programs.
- Habitat Modification and the Endangered Species Act: The Sweet Home Decision
- This report discusses the Endangered Species Act, the regulation of the Fish and Wildlife Service defining "harm" for purposes of the "take" prohibitions of the Endangered Species Act.
- Securities Litigation Reform: Unfinished Business?
- No Description Available.
- Russia's Religion Law: Assessments and Implications
- This short report provides an overview and assessment of Russian religion law. On September 26, 1997, Russian President Boris Yeltsin signed the religion bill into law, and implementing regulations were promulgated in early 1998. The Administration and Congress have raised concerns that the law may restrict religion and have urged Russia to uphold its international commitments to religious freedom. The FY1998 Foreign Aid Appropriations Act (P.L. 105-118) prohibits the Freedom Support Act aid to Russia unless the President determines and certifies that the Russian government has not discriminated against religious groups in violation of its international commitments. The determination was released on May 26, 1998, finding that Russia has not violated such commitments, but that U.S. officials would continue to monitor the situation.
- Banking and Finance: Legislative Initiatives in the 105th Congress, Second Session
- This report reviews major banking and finance issues that are receiving congressional attention in the 2nd session of the 105th Congress.
- Banking and Finance: Legislative Initiatives in the 105th Congress, Second Session
- This report reviews major banking and finance issues that are receiving congressional attention in the 2nd session of the 105th Congress. It will be updated periodically to reflect legislative developments. Relevant CRS products are referenced.
- 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 Taxpayer Relief Act of 1997: An Overview
- No Description Available.
- The Brady Handgun Control Act: Constitutional Issues
- The Brady Handgun Control Act established a five-day waiting period for handgun purchases, during which local law enforcement can make reasonable efforts to conduct background checks in available records and block and sales to convicted felons and other disqualified persons. This report reviews the background of federal gun control legislation, analyzes the conflict in the courts over the constitutionality under the Tenth Amendment of the duties placed on local law enforcement, and considers the implications of the decisions for Brady Act enforcement.
- Implementing Acid Rain Legislation
- This report discusses the broad-ranging provisions in Title IV of The Clean Air Act Amendments of 1990 (P.L. 101-549), which raise myriad implementation issues, particularly with respect to the system of tradable "allowances."
- Federal Indian Law: Background and Current Issues
- This report briefly describes some of the fundamentals of federal Indian law, including the concept of tribal sovereignty and the allocation of authority among state, federal, and tribal governments with reference to criminal and civil laws and taxation.
- The Religious Freedom Restoration Act: Its Rise, Fall, and Current Status
- This report briefly summarizes Employment Division, Oregon Department of Human Resources v. Smith, the legislative history of the Religious Freedom Restoration Act (RFRA), the Supreme Court's decision in City of Boerne, Texas v. Flores, and RFRA's current legal status, and notes the introduction of the Religious Liberty Protection Act (RLPA).
- Implementing Acid Rain Legislation
- This report discusses the broad-ranging provisions in Title IV of The Clean Air Act Amendments of 1990 (P.L. 101-549), which raise myriad implementation issues, particularly with respect to the system of tradable "allowances."
- Taxpayer Protections in the IRS Restructuring Bill: Attorneys' Fees and Damages for IRS Abuses
- No Description Available.
- Impeachment Grounds: Part 6: Quotes from Sundry Commentators
- This is a collection of selected background materials pertinent to the issue of what constitutes impeachable misconduct for purposes of Article II, section 4 of the United States Constitution quoted below. It includes quotations from treatises and law reviews on the question.
- The "Son of Sam" Case: Legislative Implications
- In Simon & Schuster, Inc. v. Members of the new York State Crime Victims Board, the U.S. Supreme Court held that New York State's "Son of Sam" law was inconsistent with the First Amendment's guarantee of freedom of speech and press. This report examines the Supreme Court decision and then considers whether its rationale renders the federal law unconstitutional. Concluding that it likely does, the report considers whether it would be possible to enact a constitutional Son-of-Sam statute. Finally, the report takes note of some state Son-of-Sam statutes that have been enacted since the Supreme Court decision.
- Magnuson Fishery Conservation and Management Act Reauthorization
- Historically, coastal states managed marine sport and commercial fisheries in nearshore waters, where most marine seafood was caught. However, as fishing techniques improved and offshore resources were discovered, more fishers ventured farther offshore.
- Environmental, Health, and Safety Tradeoffs: A Discussion of Policymaking Opportunities and Constraints
- This report discusses the implications of cost-benefit analysis and risk assessment in the context of congressional and administrative decision-making structures. It identifies constraints on flexible decision-making and some implications of trying to overcome them.
- Courts Rulings During 1994 on Constitutional Taking Claims Against the United States
- In 1994, the second session of the 103rd Congress saw the political pressure exerted by property rights bills ascend new heights. Members supporting property rights legislation sought to add such provisions to nearly every major environmental bill. Opponents, including several committee chairmen, therefore declined to move the bills, and gridlock resulted.
- Agricultural Marketing and Regulatory Provisions of the 1996 Farm Bill
- The Federal Agricultural Improvement and Reform Act of 1996 (P.L. 104-127), signed into law on April 4, for the first time grants the U.S. Department of Agriculture (USDA) broad-based authority to establish national generic promotion ("check-off") programs for virtually any agricultural commodity. Formerly, individual programs first had to be authorized expressly by Congress. The new law also explicitly authorizes the establishment of new check-off programs for rapeseed and canola, kiwifruit, and popcorn. Other provisions require USDA to establish a new meat and poultry inspection advisory committee; deal with the collection of user fees for the inspection of agricultural imports; and authorize new guidelines to protect horses being transported to slaughter facilities, among other things.
- Juvenile Justice Act Reauthorization: The Current Debate
- No Description Available.
- The Assault Weapons Ban: Review of Federal Laws Controlling Possessions of Certain Firearms
- This report reviews the 1994 assault weapons ban, which is effective for ten years on 19 types of semiautomatic assault weapons. The Act builds upon a 60-year history of federal regulation of firearms. The report also summarizes the pre-1994 federal gun control laws, analyzes the major cases relating to constitutional and statutory challenges to these laws, and reviews judicial and legislative developments since enactment of the ban.
- Air Quality and Transportation Enhancement Provisions in the Intermodal Surface Transportation Efficiency Act of 1991
- This report describes how the Congestion Mitigation and Air Quality Program (CMAQ) and enhancement programs function, examines the policy issues surrounding them, and summarizes relevant provisions in major legislation to reauthorize ISTEA in the 105th Congress.
- Obstruction of Justice Under Federal Law: An Abbreviated Sketch
- This report focuses on selected aspects of the general obstruction of justice provisions found in 18 U.S.C. 1503, 1505, and 1512. It is essentially a replica, without footnotes or citations, of CRS Report 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements.
- The "Timber Rider": Section 2001 of the Rescissions Act
- the Emergency Supplemental Appropriations and Rescissions Act, became law. Section 2001, "The Emergency Salvage Timber Sale Program," is known as the "Salvage Rider" or the "Timber Rider." The measure directs the sale of timber from national forests managed by the Secretary of Agriculture through the Forest Service and from forests managed by the Secretary of the Interior through the Bureau of Land Management (BLM). The law provides for three types of timber sales
- Legislative Prayer and School Prayer: The Constitutional Difference
- The Supreme Court's decisions holding government-sponsored prayer in the public schools to violate the First Amendment's establishment clause but prayer in legislative assemblies to be constitutional are sometimes lifted up as contradictory. This report summarizes the relevant decisions and identifies the distinctions the Court has drawn between the two situations.
- Taxpayer Protections in the IRS Restructuring Bill: Attorneys' Fees and Damages for IRS Abuses
- This report discusses the proposals to expand a court's authority to award attorneys' fees and costs in certain cases and the proposal to permit a taxpayer to collect damages for negligent collection actions by IRS agents. These provisions are covered in sections 311 and 312 of the House version and in sections 3101 and 3102 of the Senate version.
- Safe Drinking Water Act: Implementation and Reauthorization
- No Description Available.
- Reading Instruction: New Federal Initiatives
- President Clinton has proposed an “America Reads Challenge” program, with the goal of helping all children to read successfully by the end of third grade. On November 8, 1997, the House passed an alternative proposal: H.R. 2614, the “Reading Excellence Act”. The Senate Committee on Labor and Human Resources reported a revised version of H.R. 2614 on June 10, 1998. Separately, the conference version of H.R. 2646, the Education Savings Act for Public and Private Schools, contains provisions similar to the House-passed version of H.R. 2614. A contingent FY1998 appropriation of $210 million would be used for a new reading initiative if enacted by July 1, 1998.
- Line Item Veto Act Unconstitutional:
- No Description Available.
- Air Quality and Transportation Enhancement Provisions in the Intermodal Surface Transportation Efficiency Act of 1991
- Federal funding to assist states in addressing the environmental impacts of surface transportation is a major issue for the second session of the 105th Congress. The Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 (P.L. 102-240) authorized a total of $155 billion for transportation projects from FY1992 to FY1997. This report describes how the Congrestion Mitigation and Air Quality Program (CMAQ) and enhancement programs function, examines the policy issues surrounding them, and summarizes relevant provisions in major legislation to reauthorize ISTEA in the 105th Congress.
- Appropriations for FY1999: Treasury, Postal Service, Executive Office of the President, and General Government
- This report discusses Treasury, Postal Service, Executive Office of the President and General Government Appropriations for FY1999.
- Appropriations for FY1999: Commerce, Justice, and State, the Judiciary, and Related Agencies
- This report tracks action by the 105th Congress on FY1999 appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and other related agencies.
- Appropriations for FY1998: Energy and Water Development
- This report includes Energy and Water Development Appropriations for FY1998. This report is guide to one of the 13 regular appropriations bills that Congress passed each year.It summarizes the then current legislative status of the bill,its scope,major issues, funding levels, and related Legislative activity.
- Appropriations for FY2000: Treasury, Postal Service, Executive Office of the President, and General Government
- This report discusses Treasury, Postal Service, Executive Office of the President, and General Government Appropriations for FY2000.
- Appropriations for FY2000: Legislative Branch
- This report addresses Legislative Branch Appropriations for FY2000 passed on June 10, 1999.