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The Proposed Tobacco Settlement: Who Pays for the Health Costs of Smoking?
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The Abandoned Mine Land Fund: Grants Distribution and Issues
The Surface Mining Control and Reclamation Act (SMCRA, P.L. 95-87), enacted in 1977, established reclamation standards for all coal surface mining operations, and for the surface effects of underground mining. It also established the Abandoned Mine Land (AML) program to promote the reclamation of sites mined and abandoned prior to the enactment of SMCRA. To finance reclamation of abandoned mine sites, the legislation established fees on coal production. These collections are divided into federal and state shares; subject to annual appropriation, AML funds are distributed annually to states with approved reclamation programs. This report describes the distribution of these funds and the various issues that arise from said distribution.
The Tobacco Settlement: An Overview
On June 20, a group of state attorneys general, plaintiffs' lawyers, public health advocates, and lawyers representing cigarette manufacturers announced an historic settlement that would restructure the tobacco industry and revolutionize the nation's tobacco control efforts. The proposed settlement is currently under congressional consideration, and would require legislation and the President's approval before taking effect
The Proposed Tobacco Settlement: Effects on Prices, Smoking Behavior, and Income Distribution
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Compensating Farmers for the Tobacco Settlement
The legislative proposals designed to reduce smoking, primarily by teenagers, are likely to have negative economic consequences for tobacco growers and tobacco-dependent communities. This report discusses the possibility of some kind of compensation to farmers as part of the settlement package legislation.
Legal Analysis of the 10% Disadvantaged Small Business Set-Aside Provisions of H.R. 2400, the "Building Efficient Surface Transportation and Equity Act of 1997"
This report discusses the vote on H.R. 2400, the "Building Efficient Surface Transportation and Equity Act of 1997"(BESTEA), an omnibus bill to fund surface transportation into the next century.
Industrial Competitiveness and Technological Advancement: Debate Over Government Policy
Concern has been growing that the pace of U.S. technological advancement is declining, with negative consequences for U.S. economic growth, productivity, and international competitiveness. Because technology can contribute to economic growth and productivity increases, congressional interest has focused on how to augment private sector technological development. Legislative activity over the past decade has created a policy for technology development, albeit an ad hoc one. Because of the lack of consensus on the scope and direction of a national policy, Congress has taken an incremental approach aimed at creating new mechanisms to facilitate technological advancement in particular areas and making changes and improvements as necessary.
Defense Industry in Transition: Issues and Options for Congress
The U.S. government and the defense industry continued to adjust to the post-Cold War era. Complicating the transition was the restructuring of the U.S. and other industrialized economies, and questions concerning the future direction of U.S. defense policy. The 104th Congress grappled with how to ensure that the U.S. retained a smaller, but capable, defense industry.
Manufacturing, Technology, and Competitiveness
This report discusses increases in the productivity of American firms to maintain competitiveness in the international marketplace.
The Tobacco Settlement: Issues
Since 1994, 41 states and Puerto Rico have sued the tobacco industry to recover the medical costs of treating smokers. On June 20, 1997, a group of state attorneys general and industry lawyers announced that they had reached a settlement that would protect the tobacco companies from civil liability in return for annual industry payments of $365.5 billion over 25 years to reimburse states for their tobacco-related medical costs, and pay for tobacco control programs to reduce tobacco use among teenagers.
Tobacco Master Settlement Agreement (1998): Overview, Implementation by States, and Congressional Issues
On November 23, 1998, attorneys general representing 46 states, the District of Columbia, and the five U.S. territories signed an agreement with the major cigarette companies to settle all the state lawsuits seeking to recover the Medicaid costs of treating smokers. The Master Settlement Agreement, or MSA, contractually imposes some restrictions on tobacco advertising, marketing, and promotion and requires the manufacturers to make annual payments totaling about $206 billion through 2025. It follows earlier individual settlements with four states--Mississippi, Florida, Texas, and Minnesota--totaling more than $40 billion over the first 25 years. Cigarette price increases have passed on those settlement costs to smokers.
Electricity Restructuring Background: Public Utility Holding Company Act of 1935 (PUHCA)
This report provides background information on PUHCA, including its history and impact. It also discusses how PUHCA reform fits into the current electric utility industry restructuring debate. This report will be updated as events warrant. For related information on electricity restructuring, see the CRS Electronic Briefing Book.
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.
Federal Regulatory Structure for Egg Safety: Fact Sheet
This report discusses the federal role in regulating egg safety. Although the egg industry is primarily responsible for ensuring the safety of its products, four federal agencies hold statutory responsibilities for egg safety.
Runaway and Homeless Youth: Legislative Issues
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Violent and Abusive Behavior in Youth: A Public Health Problem
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The State Children's Health Insurance Program: Guidance on Frequently Asked Questions
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Juveniles in the Adult Criminal Justice System: An Overview
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Juvenile Justice Act Reauthorization: The Current Debate
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The Property Rights Issue
The property rights issue arises because societal goals are sometimes pursued through government restrictions on the use of private property. At bottom, it is the age-old conflict between public goals and private rights.
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.
Property Rights: Comparison of H.R. 9 as Passed and S. 605 as Reported
The leading property rights bills in the Congress are the Contract with America-derived H.R. 9 (Division B), as passed by the House in March, 1995, and S. 605, as reported from the Committee on the Judiciary.
Tobacco Advertising: Whether the FDA's Restrictions Violate Freedom of Speech
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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).
"Property Rights" Bills Take a Process Approach: H.R. 992 and H.R. 1534
In the 105th Congress, the property rights agenda has shifted from "compensation" to "process" bills. While the former would ease the standards for when property owners harmed by government action are compensated, the new approach simply streamlines how federal courts handle such claims. This report examines the three leading process bills -- H.R. 992, House-passed H.R. 1534, and Senate-reported H.R. 1534. The bills embody two process approaches: allowing property owners suing the United States to bring invalidation and compensation claims in the same court, and lowering abstention and ripeness barriers when suing local governments in federal court for property rights violations.
Religious Persecution Abroad: Congressional Concerns and Actions
The 105 Congress has sought to raise the priority of combating religious persecution worldwide among U.S. foreign policy objectives. The difficulty has been in agreeing on legislation that would effectively deal with religious persecution without adversely affecting other important U.S. interests. On May 14, 1998, the House passed H.R. 2431 (the Freedom from Religious Persecution Act of 1998) establishing in the State Department a Director of the Office of Religious Persecution Monitoring who is to issue an annual report assessing religious persecution abroad. The legislation places sanctions on countries and groups that carry out or permit such activities. The Senate may soon consider S. 1868 establishing an office in the Department of State to monitor religious persecution headed by an Ambassador at Large and requiring the President to take some action from a broad list of options against countries found engaging in or tolerating religious persecution.
Immigration-Related Provisions of Selected Bills on Religious Persecution
This report analyzes immigration-related provisions of H.R. 2431, the “Freedom from Religious Persecution Act,” as passed by the House on May 14, 1998, and S. 1868, the “International Religious Freedom Act,” as introduced in the Senate.
The Law of Church and State: The Proposed Religious Freedom Amendment, H.J. Res. 78
This report summarizes legislative developments on the proposal and briefly analyzes its likely legal effect if added to the Constitution.
The Property Rights Implementation Act of 1998
On July 7, 1998, Senator Hatch introduced S. 2271, the "Property Rights Implementation Act of 1998." The bill appears to be the likely replacement on the Senate floor for H.R. 1534 as reported by the Senate Committee on the Judiciary. S. 2271 retains the basic "process" approach of its predecessor, but makes numerous changes. Among these are a restriction of H.R. 1534's takings-ripeness provisions to real property rather than all types of property, a new definition of "futility," different restrictions on district court abstention, and new provisions as to attorneys fees and prior notice applicable to parties suing local governments for takings under 42 U.S.C. sec. 1983.
The Religious Freedom Amendment: H.J. Res. 78, As Reported by the House Judiciary Committee
This report details the legislative, political, and legal contexts of H.J.Res 78 (Religious Freedom Amendment) and analyzes its legal effect.
Online Privacy Protection: Issues and Developments
It is routinely acknowledged that the success of the Internet and electronic commerce depends upon the resolution of issues related to the privacy of online personal information. This paper discusses some potential threats to the privacy of online personal information, and efforts by businesses, governments, and citizens to respond to them. The paper also provides an overview of the legal framework for the protection of personal information. Individuals and businesses increasingly rely upon computers to transact business and to access the Internet. Online users may voluntarily disclose personal information, such information is often collected by Web sites for commercial purposes. The proliferation of online personal information has focused the attention of citizens, businesses, and governments on the issue.
Sex Discrimination in Education: Overview of Title IX
Congressional Research Service (CRS) report entailing an overview of title IX in regards to sex discrimination in education. Topics include, a history of IX, changes attributed to title IX, continuing controversies, etc..
Commemorative Observances 1997 and 1998: A Chronological List
Historically, national commemorative observances were recommended by Congress through the legislative process. This practice was discontinued by the House of Representatives in January 1995, although the Senate continues to issue sense of the Senate resolutions recommending the establishment of commemoratives. It has now become standard practice for special observances to be designated by a proclamation issued by the President. This report is a chronological list of these proclamations for 1997 and 1998, indicating the proclamation number and its Federal Register citation
Grand Staircase-Escalante National Monument
This report discusses controversial issues regarding the creation of the Grand Staircase-Escalante National Monument in Utah. Issues include the President's use of the Antiquities Act of 1906 to create the Monument; the Monument's general effect on land uses; the implications for development of minerals and school trust lands; and the bearing on the designation of wilderness.
English as the Official Language of the United States: An Overview
This report provides background on contemporary efforts to declare English the official language, a review of selected issues raised by official English proposals in Congress, and a summary of arguments that have been advanced in favor of and in opposition to such proposals.
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.
Public Speaking and Speechwriting: Selected References
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Speechwriting in Perspective: A Brief Guide to Effective and Persuasive Communication
“Rhetoric,” wrote Aristotle, “is the power of determining in a particular case what are the available means of persuasion.” This report reviews some effective means for the rhetoric of persuasive communication in speeches written by congressional staff for Senators and Representatives.
Guiding a Bill Through the Legislative Process
This report describes each stage of the legislative process that legislative assistants may find helpful as they seek to further the progress of a specific bill.
Investigative Oversight: An Introduction to the Law, Practice and Procedure of Congressional Inquiry
This report will provide an overview of some of the more common legal, procedural and practical issues, questions, and problems that committees have faced in the course of an investigation. Following a summary of the case law developing the scope and limitations of the power of inquiry, the essential tools of investigative oversight--subpoenas, staff interviews and depositions, grants of immunity, and the contempt power -- are described. Next, some of the special problems of investigating the executive are detailed, with particular emphasis on claims of presidential executive privilege, the problems raised by attempts to access information with respect to open or closed civil or criminal investigative matters, or to obtain information that is part of the agency deliberative process, and the effect on congressional access of statutory prohibitions on public disclosure. The discussion then focuses on various procedural and legal requirements that accompany the preparation for, and conduct of, an investigative hearing, including matters concerning jurisdiction, particular rules and requirements for the conduct of such proceedings, and the nature, applicability and scope of certain constitutional and common law testimonial privileges that may be claimed by witnesses. The case law and practice respecting the rights of minority party members during the investigative process is also reviewed. The report concludes with a description of the roles played by the offices of House General Counsel and Senate Legal Counsel in such investigations.
The Legislative Process on the House Floor: An Introduction
This report discusses the complicated body of rules, precedents, and practices that governs the legislative process on the floor of the House of Representatives.
The Committee System in the U.S. Congress
Due to the high volume and complexity of its work, Congress divides its tasks among approximately 44 committees with 154 subcommittees. The House and Senate each has its own committee systems, which are similar. Within chamber guidelines, however, each committee adopts its own rules; thus, there is considerable variation among panels.
Staff Depositions in Congressional Investigations
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Term Limits for Members of Congress: State Activity
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Congress' Early Organization Meetings
The purposes of these meetings are both educational and organizational. Educational sessions range from legislative procedures and staff hiring to current issues. Organizational sessions elect class officers, party leaders, and chamber officers; name committee representatives and other party officials; and select committee chairmen and often committee members. Such actions are officially ratified at the start of the new Congress.
How Measures Are Brought to the House Floor: A Brief Introduction
This report presents a brief description of the five methods used to bring proposed legislation to the House floor for consideration.
Conference Committee and Related Procedures: An Introduction
Conference committees generally are free to conduct their negotiations as they choose, but they are to address only the matters on which the House and Senate have disagreed. Moreover, they are to propose settlements that represent compromises between the positions of the two houses. When they have completed their work, they submit a conference report and joint explanatory statement, and the House and Senate vote on accepting the report without amendments. Sometimes conference reports are accompanied by amendments that remain in disagreement. Only after the two houses have reached complete agreement on all provisions of a bill can it be sent to the President for his approval or veto.
House Administrative Reorganization: 104th Congress
This report discusses the management responsibility for financial, security, and legislative operations.
Special Rules in the House of Representatives
The House Rules Committee enables the House to debate and vote on major legislation that is not privileged for floor consideration and that cannot pass by unanimous consent or under suspension of the rules. The Committee reports resolutions, known as rules or special rules, to make individual bills in order for floor action and to affect the procedures for debating, amending, and voting on the bills, usually in Committee of the Whole.
Casework in a Congressional Office
This report and its appendices present a general overview of congressional office procedures associated with handling casework and the assistance provided by a Member of Congress to help constituents in their dealings with federal agencies. It discusses options for assisting Members’ constituents and the role of Members and staff in providing casework services.
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