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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.
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.
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).
Uniform Standards in Private Securities Litigation: Limitations on Shareholder Lawsuits
No Description Available.
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
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.
Mixing Banking and Commerce Using Federal Deposit Insurance: Industrial Banks and Nonbank Banks
No Description Available.
Immigration: Adjustment to Permanent Residence Status under Section 245(i)
No Description Available.
Mining Law Reform: The Impact of a Royalty
No Description Available.
The Mining Law Millsite Debate
No Description Available.
The Taxpayer Relief Act of 1997: An Overview
No Description Available.
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.
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.
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.
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.
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.
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.
Magnuson Fishery Conservation and Management Act Reauthorization
No Description Available.
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.
Federal Advertising Law: An Overview
This report provides a brief overview of federal law with respect to five selected advertising issues: alcohol advertising, tobacco advertising, the Federal Trade Commission Act, advertising by mail, and advertising by telephone. There are numerous federal statutes regulating advertising that do not fit within any of these categories; as random examples, the Food, Drug, and Cosmetic Act requires disclosures in advertisements for prescription drugs ; the Truth in Lending Act governs the advertising of consumer credit ; and a federal criminal statute makes it illegal falsely to convey in an advertisement that a business is connected with a federal agency.
Immigration Fundamentals
This report describes the fundamentals of the Immigration and Nationality Act (INA), which was enacted in 1952 and significantly amended since, most recently by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Campaign Financing
Concerns over financing federal elections have become a seemingly perennial aspect of our political system. This report discusses the debate regarding campaign finance regulation.
Tax Code Termination Act: A Fact Sheet
No Description Available.
ISTEA Reauthorization: Highway Related Legislative Proposals in the 105th Congress
No Description Available.
Generalized System of Preferences
No Description Available.
Patent Reform: Overview and Comparison of S. 507 and H.R. 400
No Description Available.
Campaign Financing: Highlights and Chronology of Current Federal Law
Current law governing financial activity of campaigns for federal office is based on two principal statutes: the Federal Election Campaign Act (FECA) of 1971, as amended in 1974, 1976, and 1979, and the Revenue Act of 1971. These laws were enacted to remedy widely perceived shortcomings of existing law, the Corrupt Practices Act of 1925, and in response to reports of campaign finance abuses over the years, culminating in the 1972-1974 Watergate scandal. This report provides a summary of major provisions of federal law and a chronology of key legislative and judicial actions.
Voter Eligibility Verification Pilot Program
No Description Available.
The Passenger Service Act, Domestic Ocean Passenger Services, and the 106th Congress
No Description Available.
Campaign Financing: Highlights and Chronology of Current Federal Law
Current law governing financial activity of campaigns for federal office is based on two principal statutes: the Federal Election Campaign Act (FECA) of 1971, as amended in 1974, 1976, and 1979, and the Revenue Act of 1971. These laws were enacted to remedy widely perceived shortcomings of existing law, the Corrupt Practices Act of 1925, and in response to reports of campaign finance abuses over the years, culminating in the 1972-1974 Watergate scandal. This report provides a summary of major provisions of federal law and a chronology of key legislative and judicial actions.
Adoption Promotion Legislation in the 105th Congress
President Clinton signed the Adoption and Safe Families Act into law on November 19, 1997, after the House and Senate approved final versions of the legislation on November 13. The new law (P.L. 105-89) is intended to promote adoption or other permanent arrangements for foster children who are unable to return home, and to make general improvements in the nation’s child welfare system. The House initially passed legislation (H.R. 867) on April 30 by a vote of 416-5, and the Senate passed an amended version on November 8. A compromise version was passed on November 13, by a vote of 406-7 in the House and by unanimous consent in the Senate. This report discusses the final version of the legislation, as enacted into law.
The Nicaraguan Adjustment and Central American Relief Act: Hardship Relief and Long-Term Illegal Aliens
No Description Available.
Securities Litigation Reform: Unfinished Business?
No Description Available.
The 1995 Farm Bill: Research, Education, and Extension Issues
The House Agriculture Committee has proposed extending Title XVI of the 1990 farm act (P.L. 101-624) for two years. Currently, the title will expire at the end of 1995. The title includes funding authority for the U.s. Department of Agriculture's (USDA) in-house research programs, as well as federal support for cooperative research, higher education, extension programs in the States, and several research grant programs. This report discusses efforts underway to extend this title and reform future legislation. It also outlines federal spending in these areas.
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.
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.
Russia's Religion Law: Assessments and Implications
No Description Available.
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.
Taxpayer Protections in the IRS Restructuring Bill: Attorneys' Fees and Damages for IRS Abuses
No Description Available.
Farm Commodity Programs: Sugar
This report discusses the federal sugar program, which authorized by the Federal Agriculture Improvement and Reform Act of 1996 seeks to ensure the viability of the U.S. sugar producing sector primarily by supporting the incomes of sugar beet and sugarcane producers and of those firms that process each crop into sugar.
Food and Agriculture Issues in the 105th Congress
This report examines various budget issues regarding food and agriculture in the 105th Congress, examining recent developments and then taking a look a the context of those developments.
Individual Transferable Quotas in Fishery Management
This report discusses individual transferable quota (ITQ), which is an allocated privilege of landing a specified portion of the total annual fish catch in the form of quota shares.
Environmental Protection: How Much it Costs and Who Pays
This report discusses a recurring issue in environmental policy: the cost of pollution control imposed on individuals, businesses, and governments.
Satellite Television License of the Copyright Act (17 U.S.C. Section 119) and the 1997 Rate Adjustment
This report summarizes the basic features of the television satellite compulsory license of the Copyright Act (17 U.S.C. 119), including the rate adjustment procedures; reviews the October 1997 rate adjustment setting the current 27-cent per signal per month per subscriber rate; and summarizes recent legislative proposals to stay further implementation of the 1997 rate adjustment, or to revise the section 119 license.
Promulgating Procedural Rules For the United States District Courts and Courts of Appeals
This report sketches the manner in which procedural rules for United States district courts and United States courts of appeals are adopted or modified and the participants in the process.
The International Criminal Court Treaty: Description, Policy Issues, and Congressional Concerns
This report discusses the events leading to the creation of a permanent international criminal tribunal and U.S. perspectives on the Court including: problematic provisions in the ICC Treaty, congressional considerations, and potential implications for U.S. foreign policy.
Amtrak: Background and Selected Public Policy Issues
This report discusses the financial troubles of Amtrak, its request for federal financial operating assistance, the Amtrack Reform and Accountability Act of 1997, Amtrak's Strategic Business Plan for FY1999-2002, Amtrak's operating losses, and other rail passenger services that might emerge in the absence of Amtrak, should the company fail.
Housing Authorization Bills: Overview of H.R. 2 and S. 462
No Description Available.
Patent Reform: Overview and Comparison of S. 507 and H.R. 400
H.R. 400 and S. 507 are similar but different omnibus patent reform proposals. Both bills generally transform the Patent and Trademark Office into a government corporation; require publication of patent applications 18 months after filing, subject to certain exceptions that differ in these bills; and extend the patent term for certain delays in patent issuance. S. 507 also contains provisions on patent reexamination reform. This report summarizes and compares the bills and reviews arguments for and against the proposals.
Proposed Budget Process Reforms in the Senate: A Brief Analysis of Senate Resolutions 4, 5, 6, and 8
No Description Available.