Congressional Research Service Reports - 1,792 Matching Results

Search Results

Piracy: A Legal Definition: Pirate attacks in the waters off the Horn of Africa, including those on U.S.-flagged vessels, have brought continued U.S. and international attention to the long-standing problem of piracy in the region. A recent development in one of the piracy trials in Norfolk, VA, has highlighted a potential limitation in the definition of piracy under the United States Code. This report first examines the historical development of the offense of piracy, as defined by Congress and codified in the United States Code. The focus then turns to how contemporary international agreements define piracy. Finally, the report highlights a recent federal district court ruling that the offense of piracy under 18 U.S.C. § 1651 requires a robbery at sea.
False Patent Marking: Litigation and Legislation: This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future.
Armed Career Criminal Act (18 U.S.C. 924(e)): An Overview: This report briefly explores the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), which requires imposition of a minimum 15-year term of imprisonment for recidivists convicted of unlawful possession of a firearm under 18 U.S.C. 922(g). Section 924(e) applies only to those defendants who have three prior state or federal convictions for violent felonies or serious drug offenses. The report includes descriptions of constitutional challenges to the application of section 924(e), which have been generally unsuccessful.
Perjury Under Federal Law: A Brief Overview: This report describes perjury under federal law, including a definition as well as in-depth explorations of the three general federal perjury laws. This report is available in abbreviated form - without footnotes, quotations, or citations - as CRS Report 98-807, Perjury Under Federal Law: A Sketch of the Elements.
The Federal Government's Role in Electric Transmission Facility Siting: This report looks at the history of transmission siting and the reason behind the movement toward an increased federal role in siting decisions, explains the new federal role in transmission siting pursuant to the Energy Policy Act of 2005, and discusses legal issues related to this and any potential future expansions of the federal role.
Immigration Reform Issues in the 111th Congress: This report synthesizes the multi-tiered debate over immigration reform into key elements: legal immigration; legalization; immigration control; refugees, asylees, and humanitarian migrants; and alien rights, benefits, and responsibilities. It delineates the issues for the 111th Congress on permanent residence, temporary admissions, border security, worksite enforcement, employment eligibility verification, document fraud, criminal aliens, and the grounds for inadmissibility.
Perjury Under Federal Law: A Sketch of the Elements: This report discusses the three general federal perjury laws. This report is an abbreviated version of CRS Report 98-808, Perjury Under Federal Law: A Brief Overview, by Charles Doyle, stripped of most footnotes, quotations, citations, and bibliography.
Agricultural Disaster Assistance: This report has two sections. The first provides an overview of the current U.S. Department of Agriculture (USDA) disaster assistance programs: federal crop insurance, NAP payments, emergency disaster loans, the new Supplemental Revenue Assistance Payments Program (SURE), and four other smaller disaster programs authorized in the 2008 farm bill. The second section reviews the recent history of emergency supplemental farm disaster assistance.
Surface Transportation Funding and Finance: This report discusses changes in funding to the national surface transportation infrastructure, especially in light of the recession that began in 2007, which led to decreases in driving and fuel use. This report focuses on possible revenue sources for surface transportation infrastructure. It begins with a brief discussion of the problems associated with the trust fund financing system and then explores possible immediate and longer-term solutions to the financing problem.
"Robo-Signing" and Other Alleged Documentation Problems in Judicial and Nonjudicial Foreclosure Processes: Recent depositions involving major servicers, including GMAC Mortgage, J.P. Morgan Chase, and Wells Fargo, have raised concerns about "robo-signing" -- the practice of having a small number of individuals sign a large number of affidavits and other legal documents submitted to courts and other public authorities by mortgage companies to execute foreclosure. This report explores concerns related to these issues by explaining the mortgage market process, procedural problems that have surfaced during foreclosure proceedings, and other relevant information.
Iran Sanctions: This report focuses on the United States' relationship with Iran and how the Obama Administration is handling prior administration's economic sanctions against Iran. The Obama Administration's policy approach toward Iran has contrasted with the Bush Administration's by attempting to couple the imposition of sanctions to an active and direct U.S. effort to negotiate with Iran on the nuclear issue. That approach was not initially altered because of the Iranian dispute over its June 12, 2009, elections. However, with subsequent negotiations yielding no firm Iranian agreement to compromise, since early 2010 the Administration has focused on achieving the imposition of additional U.N., U.S., and allied country sanctions whose cumulative effect would be to compel it to accept a nuclear bargain.
Iran Sanctions: There appears to be a growing international consensus to adopt progressively strict economic sanctions against Iran to try to compel it to compromise on its further nuclear development. The U.S. view - increasingly shared by major allies-is that sanctions should target Iran's energy sector, which provides about 80% of government revenues, and try to isolate Iran from the international financial system. U.S. efforts to curb international energy investment in Iran's energy sector began in 1996 with the Iran Sanctions Act (ISA). ISA has been expanded significantly in 2010. This report discusses said expansions, provides background on the ISA, and explores how this Act has affected
State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070: On April 23, 2010, Arizona enacted S.B. 1070, which is designed to discourage and deter the entry or presence of aliens who lack lawful status under federal immigration law. This report discusses this piece of legislation and some of the notable preemption issues raised by its provisions. Where relevant, it examines the district court's ruling that the federal government is likely to succeed on the merits of its arguments that certain sections of S.B. 1070 are preempted by federal law. It also discusses other preemption issues potentially raised by S.B. 1070 or similar legislation, including some issues that were not expressly addressed by the district court in its preliminary ruling.
Water Infrastructure Projects Designated in EPA Appropriations: Trends and Policy Implications: This report discusses appropriations for Environmental Protection Agency (EPA) water infrastructure programs, focusing on congressional special project designations in the account that funds these programs. While some Members of Congress, interest groups, and Administration officials are critical of these types of congressional actions, there is little indication that the practice will cease. Information on the programmatic history of EPA involvement in assisting wastewater treatment and drinking water projects also is provided in two appendixes.
Pesticide Use and Water Quality: Are the Laws Complementary or in Conflict?: This report provides background on the conflict over interpretation and implementation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act. A brief discussion of the two laws is followed by a review of the major litigation of interest. EPA's efforts to clarify its policy in this area and the November 2006 rule and the 2009 federal court ruling are discussed, as well as possible options for EPA and Congress to further address the FIFRA-CWA issues. In June, EPA proposed a draft general CWA permit that it intends to finalize by April 2011 in response to the court ruling.
Extraterritorial Application of American Criminal Law: Crime is ordinarily proscribed, tried, and punished according to the laws of the place where it occurs. American criminal law applies beyond the geographical confines of the United States, however, under certain limited circumstances. A surprising number of federal criminal statutes have extraterritorial application, but prosecutions have been few. This may be because when extraterritorial criminal jurisdiction does exist, practical and legal complications, and sometimes diplomatic considerations, may counsel against its exercise.
Abortion Services and Military Medical Facilities: The purpose of this report is to describe and discuss the provisions for providing abortion services to military personnel, their dependents and other military health care beneficiaries at military medical facilities. The report describes the history of these provisions, with particular emphasis on legislative actions. Finally, this report discusses a number of proposals to modify the law as well as other related legislative and administrative actions.
Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures: This report discusses the standards and procedures that federal agencies use in making responsibility determinations under the Federal Acquisition Regulation (FAR). It discusses (1) how responsibility determinations relate to other mechanisms that the government relies upon to ensure that contractors are responsible and otherwise eligible for federal contracts; (2) the performance-related and collateral standards used in making responsibility determinations; (3) the procedures for making responsibility determinations; and (4) recently enacted or proposed amendments to the standards or procedures for responsibility determinations.
Iran Sanctions: This report focuses on the United States' relationship with Iran and how the Obama Administration is handling prior administration's economic sanctions against Iran. The Obama Administration's policy approach toward Iran has contrasted with the Bush Administration's by attempting to couple the imposition of sanctions to an active and direct U.S. effort to negotiate with Iran on the nuclear issue. That approach was not initially altered because of the Iranian dispute over its June 12, 2009, elections. However, with subsequent negotiations yielding no firm Iranian agreement to compromise, since early 2010 the Administration has focused on achieving the imposition of additional U.N., U.S., and allied country sanctions whose cumulative effect would be to compel it to accept a nuclear bargain.
U.S. Sanctions on Burma: Existing U.S. sanctions on Burma are based on various U.S. laws and Presidential Executive Orders. This report provides a brief history of U.S. policy towards Burma and the development of U.S. sanctions, a topical summary of those sanctions, and an examination of additional sanctions that have been considered, but not enacted, by Congress, or that could be imposed under existing law or executive orders. The report concludes with a discussion of options for Congress.
Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials: On June 1, 2010, the U.S. Supreme Court decided unanimously in Samantar v. Yousef that the Foreign Sovereign Immunities Act (FSIA), which governs the immunity of foreign states in U.S. courts, does not apply in suits against foreign officials. The report also addresses legislation considered by the 111th Congress that would have affected the immunity of foreign officials (the Justice Against Sponsors of Terrorism Act, S. 2930, 111th Cong.).
Mandatory Vaccinations: Precedent and Current Laws: This report provides an overview of the legal precedent for mandatory vaccination laws, and of state laws that require certain individuals or populations, including school-aged children and health care workers, to be vaccinated against various communicable diseases. Also discussed are state laws providing for mandatory vaccinations during a public health emergency or outbreak of a communicable disease.
Securing America's Borders: The Role of the Intelligence Community: Maintaining the security of U.S. borders is a fundamental responsibility of the federal government. This report discusses the contribution of intelligence agencies to the border security efforts of the Department of Homeland Security, the Department of Defense, and other federal agencies that work in cooperation with state, local, and tribal law enforcement agencies. Much of the intelligence community's border security-related efforts are classified, however.
The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology: Congressional interest in facilitating U.S. technological innovation led to the passage of P.L. 96-517, Amendments to the Patent and Trademark Act, commonly referred to as the "Bayh-Dole Act" after its two main sponsors former Senators Robert Dole and Birch Bayh. Under this 1980 law, as amended, title to inventions made with government support is provided to the contractor if that contractor is a small business, a university, or other non-profit institution. This report discusses the rationale behind the passage of P.L. 96-517, its provisions, and implementation of the law.
Unauthorized Alien Students: Issues and "DREAM Act" Legislation: Supporters of comprehensive immigration reform have urged the President and Congress to pursue reform legislation. While legislative action on comprehensive reform does not appear likely during the remainder of the 111th Congress, there may be an effort to enact a measure, commonly referred to as the "DREAM Act," to enable certain unauthorized alien students to legalize their status. This report discusses the DREAM act and related issues.
An Overview of Recent U.S. Supreme Court Jurisprudence in Patent Law: This report provides a brief summary of the Supreme Court's patent law jurisprudence in the following nine cases that have been decided since 2005: Merck KGaA v. Integra Lifesciences I, Unitherm Food Systems v. Swift-Eckrich, Illinois Tool Works v. Independent Ink, eBay v. MercExchange, Laboratory Corporation of America Holdings v. Metabolite Labs., MedImmune v. Genentech, KSR International Co. v. Teleflex Inc., Microsoft v. AT&T, Quanta Computer, Inc. v. LG Electronics, Inc., and Bilski v. Kappos.
Changes in the Arctic: Background and Issues for Congress: The diminishment of Arctic sea ice has led to increased human activities in the Arctic, and has heightened concerns about the region's future. Issues such as Arctic sovereignty claims; commercial shipping through the Arctic; Arctic oil, gas, and mineral exploration; endangered Arctic species; and increased military operations in the Arctic could cause the region in coming years to become an arena of international cooperation, competition, or conflict. This report provides an overview of Arctic-related issues for Congress, and refers readers to more in-depth CRS reports on specific Arctic-related issues.
Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials: On June 1, 2010, the U.S. Supreme Court decided unanimously in Samantar v. Yousef that the Foreign Sovereign Immunities Act (FSIA), which governs the immunity of foreign states in U.S. courts, does not apply in suits against foreign officials. This report provides an overview of the FSIA, followed by a consideration of the remaining options for foreign officials who seek immunity from lawsuits, as well as some of the questions that may emerge from each option. The report also addresses legislation that would affect the immunity of foreign officials, including S. 2930.
False Patent Marking: Litigation and Legislation: This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future.
Authority of State and Local Police to Enforce Federal Immigration Law: This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly, analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice.
Nuclear Cooperation with Other Countries: A Primer: This report discusses section 123 of the Atomic Energy Act (AEA), the specific requirements of which must be met in order for the United States to engage in civilian nuclear cooperation with other states. The AEA also provides for exemptions to these requirements, export control licensing procedures, and criteria for terminating cooperation.
Supreme Court Nominations: Senate Floor Procedure and Practice, 1789-2011: This report examines the ways in which the Senate has handled the 160 Supreme Court nominations the President has sent to the Senate. As the purpose of this report is to examine the forms taken by Senate proceedings on these 160 nominations, it treats each nomination as a separate case. It is not couched in terms of the smaller number of different individuals nominated or the ultimate outcome the confirmation process may have had for each individual.
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program: The Staffing for Adequate Fire and Emergency Response Act (the "SAFER Act") was enacted by the 108th Congress as part of the FY2004 National Defense Authorization Act. This report describes the SAFER Act in brief, discusses possible budgetary modifications to the SAFER Act that are being considered due to the recent economic downturn, and explores related issues for the 112th Congress as they consider reauthorization.
International Criminal Court Cases in Africa: Status and Policy Issues: The International Criminal Court (ICC) has, to date, opened cases exclusively in Sub-Saharan Africa. The Statute of the ICC, also known as the Rome Statute, entered into force on July 1, 2002, and established a permanent, independent Court to investigate and bring to justice individuals who commit war crimes, crimes against humanity, and genocide. As of October 2010, 114 countries-including 31 African countries, the largest regional block-were parties to the Statute. The United States is not a party. This report provides background on current ICC cases and examines issues raised by the ICC's actions in Africa.
Overview of Immigration Issues in the 112th Congress: This report synthesizes immigration issues as a multi-tiered debate. It breaks down the U.S. immigration law and policy into key elements: border control and visa security; legal immigration; documentation and verification; interior immigration enforcement; integration, status, and benefits; and refugees and other humanitarian populations. This report also delineates the debate in the 112th Congress for a range of issues, including border security, criminal aliens, and worksite enforcement.
The Origination Clause of the U.S. Constitution: Interpretation and Enforcement: Article I, Section 7, clause 1 of the U.S. Constitution is known as the Origination Clause because it provides that "All Bills for raising Revenue shall originate in the House of Representatives." The meaning and application of this clause has evolved through practice and precedent since the Constitution was drafted. The Constitution does not provide specific guidelines as to what constitutes a "bill for raising revenue." This report analyzes congressional and court precedents regarding that constitutes such a bill. Second, this report describes the various ways in which the Origination Clause has been enforced. Finally, this report looks at the application of the Origination Clause to other types of legislation.
Iran Sanctions: This report focuses on the United States' relationship with Iran and how the Obama Administration is handling prior administration's economic sanctions against Iran. The Obama Administration's policy approach toward Iran has contrasted with the Bush Administration's by attempting to couple the imposition of sanctions to an active and direct U.S. effort to negotiate with Iran on the nuclear issue. That approach was not initially altered because of the Iranian dispute over its June 12, 2009, elections. However, with subsequent negotiations yielding no firm Iranian agreement to compromise, since early 2010 the Administration has focused on achieving the imposition of additional U.N., U.S., and allied country sanctions whose cumulative effect would be to compel it to accept a nuclear bargain.
Permanent Normal Trade Relations (PNTR) Status for Russia and U.S.-Russian Economic Ties: Granting Russia permanent normal trade relations (PNTR) status requires a change in law because Russia is prohibited from receiving unconditional and permanent NTR under Title IV of the Trade Act of 1974. This provision includes the so-called Jackson-Vanik amendment. Extension of PNTR has implications for Russia's accession to the World Trade Organization (WTO). This report examines this legislative issue in the context of Russian accession to the WTO and U.S.-Russian economic ties.
Mandatory Vaccinations: Precedent and Current Laws: This report provides an overview of the legal precedent for mandatory vaccination laws, and of state laws that require certain individuals or populations, including school-aged children and health care workers, to be vaccinated against various communicable diseases. Also discussed are state laws providing for mandatory vaccinations during a public health emergency or outbreak of a communicable disease.
National Flood Insurance Program: Background, Challenges, and Financial Status: In 1968, Congress created the National Flood Insurance Program (NFIP) to address the increasing costs of taxpayer-funded disaster relif for flood victims and the increasing amount of damage caused by floods. This report provides an analysis of the NFIP and its financial status; summarizes the major challenges facing the program, including issues affecting its long-term financial solvency; presents some alternative approaches for managing and financing the flood losses; and describes pending legislation on this issue.
Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations: This report provides an overview of actions taken by Congress to provide FY2011 appropriations for Commerce, Justice, Science, and Related Agencies (CJS). It also provides an overview of FY2010 appropriations for agencies and bureaus funded under the CJS bill.
Nuclear Cooperation with Other Countries: A Primer: This report discusses section 123 of the Atomic Energy Act (AEA), the specific requirements of which must be met in order for the United States to engage in civilian nuclear cooperation with other states. The AEA also provides for exemptions to these requirements, export control licensing procedures, and criteria for terminating cooperation.
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program: The Staffing for Adequate Fire and Emergency Response Act (the "SAFER Act") was enacted by the 108th Congress as part of the FY2004 National Defense Authorization Act. This report describes the SAFER Act in brief, discusses possible budgetary modifications to the SAFER Act that are being considered due to the recent economic downturn, and explores related issues for the 112th Congress as they consider reauthorization.
Offshore Oil and Gas Development: Legal Framework: The development of offshore oil, gas, and other mineral resources in the United States is impacted by a number of interrelated legal regimes, including international, federal, and state laws. International law provides a framework for establishing national ownership or control of offshore areas, and domestic federal law mirrors and supplements these standards. This report discusses these issues.
The Congressional Research Service and the American Legislative Process: The Legislative Reference Service, it was charged with responding to congressional requests for information. For more than 50 years, this department assisted Congress primarily by providing facts and publications and by transmitting research and analysis done largely by other government agencies, private organizations, and individual scholars. In 1970, Congress enacted a law transforming the Legislative Reference Service into the Congressional Research Service (CRS) and directing CRS to devote more of its efforts and increased resources to performing research and analysis that assists Congress in direct support of the legislative process.
The Technology Innovation Program: The Technology Innovation Program (TIP) at the National Institute of Standards and Technology (NIST) was established in 2007 to replace the Advanced Technology Program (ATP). This effort is designed "to support, promote, and accelerate innovation in the United States through highrisk, high-reward research in areas of critical national need," according to the authorizing legislation. Grants are provided to small and medium-sized firms for individual projects or joint ventures with other research organizations.
DNA Testing in Criminal Justice: Background, Current Law, Grants, and Issues: This report provides an overview of how DNA is used to investigate crimes and help protect the innocent. It also reviews current statutory law on collecting DNA samples, sharing DNA profiles generated from those samples, and providing access to post-conviction DNA testing. The report also includes a summary of grant programs authorized by Congress to assist state and local governments with reducing DNA backlogs, provide post-conviction DNA testing, and promote new technology in the field. It also reviews select issues Congress might consider should it legislate or conduct oversight in this area.
Iran Sanctions: This report focuses on the United States' relationship with Iran and how the Obama Administration is handling prior administration's economic sanctions against Iran. The Obama Administration's policy approach toward Iran has contrasted with the Bush Administration's by attempting to couple the imposition of sanctions to an active and direct U.S. effort to negotiate with Iran on the nuclear issue. That approach was not initially altered because of the Iranian dispute over its June 12, 2009, elections. However, with subsequent negotiations yielding no firm Iranian agreement to compromise, since early 2010 the Administration has focused on achieving the imposition of additional U.N., U.S., and allied country sanctions whose cumulative effect would be to compel it to accept a nuclear bargain.
Federalism Issues in Surface Transportation Policy: Past and Present: This report provides an historical perspective on contemporary federalism issues in surface transportation policy that are likely to be addressed by Congress during the 112th Congress, including possible devolution of programmatic responsibility to states and proposals to change state maintenance-of-effort requirements and state cost matching requirements.
Piracy off the Horn of Africa: This report discusses recent (2010) pirate attacks on vessels, including United States vessels, in the waters off the Horn of Africa. The Horn of Africa is sometimes called the Somali Peninsula and includes the nations of Eritrea, Djibouti, Ethiopia, and Somalia. This report explores reasons behind the increased number of pirate attacks in recent years, as well as what efforts are being taken to combat said attacks, including those by the 111th Congress and President Obama and his Administration.

Congressional Research Service Reports - 1,792 Matching Results

Search Results

Add Filters

Applied Filters