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The Alabama School Prayer Case: Chandler v. Siegelman
This report considers the events of Chandler v. James in 1997. The case was a federal district court ruling in Alabama holding up a statute to violate the establishment of religion of the First amendment. The Governor attempted to appeal the court's position to both the Supreme Court and the circuit court but was denied.
Education Vouchers: Constitutional Issues and Cases
This report details the constitutional standards that currently apply to indirect aid programs and summarizes all of the pertinent state and federal court decisions, including the Ohio case that will be heard by the Supreme Court. On September 25, 2001, the Supreme Court agreed to review a case raising the controversial issue of the constitutionality of education vouchers. In Zelman v. Simmons-Harris the Sixth Circuit held Ohio’s Pilot Scholarship Program, which provided up to $2500 to help low-income students in Cleveland’s public schools attend private schools in the city, to violate the establishment of religion clause of the First Amendment.
Response to Terrorism: Legal Aspects of the Use of Military Force
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Trade Legislation in the 106th Congress: An Overview
The 106th Congress completed action on a number of major trade initiatives. The impact on American firms and workers was a paramount concern in the passage of this legislation. Most notably, bills were passed to establish "normal trade relations" with China, deepen economic ties with the countries of Sub-Saharan Africa, enhance trade benefits for 24 Caribbean Basin countries, and to ease trade sanctions on Cuba and other countries. Congress also voted to maintain U.S. participation in the World Trade Organization (WTO), as well as worked with the Clinton Administration to pass replacement legislation for the Foreign Sales Corporation (FSC) tax benefit for U.S. exports. The latter action averted, at least until mid-2001, the imposition of punitive tariffs by the European Union on an estimated $4 billion in U.S. exports.
“Fast-Track” or Expedited Procedures: Their Purposes, Elements, and Implications
This report discusses certain provisions of law that commonly are known as "fast-track" or expedited procedures.
The Endangered Species Act: Consideration of Economic Factors
The Endangered Species Act (ESA) provides for the listing and protection of species that are found to be “endangered” or “threatened” – species that might become extinct. The listing of a species as endangered triggers the prohibitions in the Act against “taking” (killing or harming) individuals of the protected species, unless a permit is obtained to take individuals incidental to an otherwise lawful proposed action, or an exemption for the proposed action is obtained. Unauthorized taking of a listed species can result in civil or criminal penalties. These prohibitions and potential penalties can affect various activities, including development and use of land, with attendant economic impacts.
Impoundment and Sale of Cattle Trespassing on Federal Public Lands
This report explores the authority of BLM personnel regarding unauthorized cattle by reviewing the statutory authorities of BLM over the federal rangelands under its administration, and the regulations and administrative materials implementing those authorities in the context of grazing, trespass, impoundment and sale of unauthorized livestock.
Energy Policy: Setting the Stage for the Current Debate
The Bush Administration issued its plan for a national energy policy on May 16, 2001. Comprehensive energy legislation was introduced in the Senate by both parties by late March (S. 388, S. 389, S. 596, S. 597). Bills reported by several House committees (H.R. 2436, H.R. 2460, H.R. 2511, and H.R. 2587) were combined in a single bill, H.R. 4, passed by the House, August 1, 2001. The bill includes provisions that would require a reduction in light-duty truck and SUV fuel consumption, and would open the Arctic National Wildlife Refuge (ANWR) to leasing.
Strategic Petroleum Reserve
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Strategic Petroleum Reserve
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Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2001
The Department of Defense operates six environmental programs: cleanup of past contamination at military facilities, acceleration of cleanup at military bases designated for closure, compliance with environmental laws and regulations that apply to ongoing military operations, pollution prevention, natural resource conservation, and environmental technology. In addition to these activities, the Department of Energy is responsible for managing defense nuclear waste and remediating contaminated sites. This report discusses the federal laws that established these programs, describes their scope and purpose, provides a history of appropriations, indicates the President’s budget request for FY2001, examines authorization and appropriations legislation for FY2001, and discusses other relevant legislation considered in the 106th Congress.
Country-of-Origin Labeling for Foods: Current Law and Proposed Changes
Federal law requires most imports, including many food items, to bear labels informing the “ultimate purchaser” of their country of origin. Various bills have been introduced to impose expanded country-of-origin labeling requirements on meats and on several other agricultural products. Such proposals have attracted attention for a number of reasons. One is that they are viewed (by some advocates) as a way to help U.S. producers dealing with low farm prices. Also, some perceive that food products from certain countries might pose greater risks than those from the United States.
Intelligence and Law Enforcement: Countering Transnational Threats to the U.S.
This report looks at the separate roles and missions and distinct identities of intelligence and law enforcement agencies. This report also addresses congressional oversight of the law enforcement intelligence relationship that is spread among a number of House and Senate committees, each of which has only partial jurisdiction.
Intelligence and Law Enforcement: Countering Transnational Threats to the U.S.
This report discusses the different roles of intelligence and law enforcement agencies in countering transnational threats and the difficulties in coordinating their efforts. This report also discusses the desire of some observers to base the intelligence and law enforcement agencies' relationship in statutory law. Updated December 3, 2001.
BiIIs, Resolutions, Nominations, and Treaties : Origins, Deadlines, Requirements, and Uses
This report presents Origins, Deadlines, Requirements, and Uses of BiIIs, Resolutions, Nominations, and Treaties related to Congress.
Flat Tax Proposals and Fundamental Tax Reform: An Overview
This report discusses the idea of replacing our current income tax system with a flat-rate tax, including background and analysis and various Congressional proposals.
The Law of the Sea Convention and U.S. Policy
On October 7, 1994, President Clinton transmitted to the Senate the 1982 United Nations Convention on the Law of the Sea and the 1994 Agreement relating to the Implementation of Part XI of the United Nations Convention. The package was referred to the Senate Committee on Foreign Relations. On November 16, 1994, the U.N. Law of the Sea Convention entered into force but without accession by the United States. The 1994 Agreement entered into force on July 28, 1996, again without U.S. ratification.
President Bush's Tax Proposal: A Brief Overview
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Tax-Cut Legislation: The Economic Growth and Tax Relief Act of 2001 (H.R. 3)
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Immigration: Registry as Means of Obtaining Lawful Permanent Residence
This report provides an overview of the registry as means of obtaining lawful permanent residence on immigration.
Marine Mammal Protection Act: Reauthorization Issues for the 107th Congress
This report discusses the issues likely to be raised during any reauthorization debate, the reasons behind them, and possible proposals that could be offered to address these concerns.
Charitable Choice Provisions of H.R. 7
H.R. 7, the Community Solutions Act, on July 19 won House passage without amendment by a vote of 233-198. The bill includes basic elements of President Bush’s faith-based initiatives: tax incentives for private giving–scaled back from original proposals (Title I)–and expansion of charitable choice (Title II). (Title III deals with individual development accounts.)
Comparison of Proposed Charitable Choice Act of 2001 with Current Charitable Choice Law
This report provides a side-by-side comparison of the charitable choice provisions of H.R. 7 with those of the 1996 welfare reform law (P.L. 104-193) and of later laws that extended charitable choice rules to the Community Services Block Grant Act (P.L. 105-285) and to substance abuse treatment and prevention services under the Public Health Service Act (P.L 106-310 and P.L. 106-554).
Welfare Reform: An Issue Overview
The Bush Administration FY2002 budget blueprint, submitted to Congress February 28, commits the nation to "mobilizing the armies of compassion" to "transform lives," and terms this effort the next bold step of welfare reform. The budget includes tax incentives for charitable donations. Earlier the President created the Office of Faith-Based and Community Initiatives in the White House, fulfilling a campaign promise.
Welfare Reform: An Issue Overview
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Head Start: Background and Funding
Head Start is a federal program that has provided comprehensive early childhood development services to low-income children since 1965. Services provided to preschool-aged children include child development, educational, health, nutritional, social and other activities, intended to prepare low-income children for entering kindergarten. This report contains information on the background and funding of the program.
Campaign Finance Bills in the 107th Congress: Comparison of H.R. 380 (Shays-Meehan) with S. 27 (McCain-Feingold)
As in the last two Congresses, campaign finance reform will be a major issue in the 107th Congress, with attention again centered on the Senate McCain-Feingold and House Shays-Meehan bills. S. 27 (Bipartisan Campaign Reform Act of 2001), introduced on January 22, 2001, will be considered by the Senate in March 2001; H.R. 380 (Bipartisan Campaign Finance Reform Act of 2001) was introduced January 31. Both bills ban the raising of soft money by national parties and the spending of it by state and local parties on federal election-related activities (as defined). But on the other key provision–issue advocacy–they differ notably. H.R. 380 offers a broad new definition of express advocacy, subjecting activity meeting that standard to all aspects of federal election law regulation. S. 27 classifies some messages as electioneering communications, requiring their disclosure and banning their funding by unions or for-profit corporations. This report summarizes and compares these two measures, according to various categories.
Campaign Finance Bills in the 107th Congress: Comparison of S. 22 (Hagel-Landrieu) with S. 27 (McCain-Feingold)
On March 19, 2001, the Senate began consideration of the McCain-Feingold campaign finance reform bill. The bill–S. 27 (Bipartisan Campaign Reform Act of 2001)–was introduced on January 22, 2001 by Senators McCain, Feingold, Cochran et al. It features a ban on the raising of soft money by national parties, a ban on the spending of soft money by state and local parties on federal election-related activities (as defined), and a disclosure requirement for electioneering messages not regulated by federal election law, along with a ban on their funding from union or for-profit corporation treasuries. Another bill receiving considerable Senate attention is S. 22 (Open and Accountable Campaign Financing Act of 2001), introduced on January 22, 2001 by Senators Hagel, Landrieu et al. It features limits on soft money donations to national parties, increases in hard money contribution limits, and a requirement that broadcasters make information available on groups engaging in issue advocacy. This report provides a summary and comparison of these two measures, according to various categories.
Campaign Finance in the 2000 Federal Elections: Overview and Estimates of the Flow of Money
Federal election law regulates money in federal elections through a ban on union and corporate treasury money, limits on contributions, and uniform, periodic disclosure of receipts and expenditures. Money raised and spent under these laws to directly influence federal elections is commonly known as hard money. Money that is largely outside the restrictions and prohibitions of the federal regulatory framework–but raised and spent in a manner suggesting possible intent to affect federal elections–is commonly known as soft money.
ERISA Regulation of Health Plans: Fact Sheet
The Employee Retirement Income Security Act of 1974 (ERISA, P.L. 93-406) places the regulation of employee benefit plans (including health plans) primarily under federal jurisdiction for about 124 million people. ERISA’s treatment of health plans is both complicated and confusing. ERISA has been interpreted as dividing health plans into two groups regulated differently under the law: about 54 million people are covered by self-insured plans for which the employer, rather than an insurer, assumes the risk for paying for covered services and about 70 million people are covered by purchased insurance (according to 2000 information from the Census Bureau and the Department of Labor).
Patient Protection During the 107th Congress: Side-by-Side Comparison of House and Senate Bills
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Medicare Provisions in the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA, P.L. 106-554)
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Western Water Resource Issues
Growing populations and changing values continue to place increasing demands on water supplies and river systems, resulting in water use and management conflicts throughout the country. Recent conflicts are particularly evident in the West, where the population is expected to increase 30% in the next 20-25 years and where agricultural needs are often in direct conflict with urban needs, as well as with water demand for threatened and endangered species, recreation, and scenic enjoyment.
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.
Welfare Law and Domestic Violence
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Generalized System of Preferences
The Generalized System of Preferences (GSP) extends duty-free treatment to certain products that are imported from designated developing countries. The primary purpose of the program, which the United States and other industrial countries initiated in the 1970s, is to promote economic growth and development in these countries by stimulating their exports. The program was reauthorized by the 106th Congress, retroactively from July 1, 1999, through September 30, 2001. The 107th Congress will face the issue of whether to reauthorize GSP.
Trade Remedy Law Reform in the 107th Congress
Trade remedies are government measures to minimize the adverse impact of imports on domestic industries. Antidumping duties are used to counter the effects of imports sold at unfairly low prices on the domestic market. Countervailing duties are used to counter the price effects of imports that benefit from government subsidies in the exporting countries. Safeguard remedies (also called Section 201 and escape clause remedies) are used to reduce the injurious impact of surges in fairly trade imports.
Clean Water Act and Total Maximum Daily Loads (TMDLs) of Pollutants
Section 303(d) of the Clean Water Act requires states to identify water that is impaired by pollution, even after application of pollution controls. For those waters, states must establish a total maximum daily load of pollutants to ensure that water quality standards can be attained. This report contains background information, implementation, and issues for Congress as relating to the Clean Water Act.
Clean Water Act and Total Maximum Daily Loads (TMDLs) of Pollutants
Section 303(d) of the Clean Water Act requires states to identify waters that are impaired by pollution, even after application of pollution controls. For those waters, states must establish a total maximum daily load (TMDL) of pollutants to ensure that water quality standards can be attained. Implementation was dormant until recently, when states and EPA were prodded by numerous lawsuits.
Clean Water Act Issues in the 106th Congress
In the 106th Congress, no comprehensive activity on reauthorizing the Clean Water Act occurred, although a number of individual clean water bills were enacted. Other issues have been debated recently, such as reforming the law to provide regulatory relief for industry, states and cities, and individual landowners. The debate over many of these issues highlights differing views of the Act and its implementation by some who seek to strengthen existing requirements and others who believe that costs and benefits should be more carefully weighed before additional control programs are mandated.
Clean Water Act Issues in the 107th Congress
Key water quality issues that may face the 107th Congress include: actions to implement existing provisions of the Clean Water Act (CWA), whether additional steps are necessary to achieve overall goals of the Act, and the appropriate federal role in guiding and paying for clean water activities. Legislative prospects for comprehensively amending the Act have for some time stalled over whether and exactly how to change the law. If clean water issues receive attention in the 107th Congress, consideration of specific issues will depend in part on the CWA policy agenda of the new Bush Administration and on priorities of the key committees that have major jurisdiction over the Act.
Clean Water Act Issues in the 107th Congress
Key water quality issues that may face the 107th Congress include: actions to implement existing provisions of the Clean Water Act (CWA), whether additional steps are necessary to achieve overall goals of the Act, and the appropriate federal role in guiding and paying for clean water activities. Legislative prospects for comprehensively amending the Act have for some time stalled over whether and exactly how to change the law. If clean water issues receive attention in the 107th Congress, consideration of specific issues will depend in part on the CWA policy agenda of the new Bush Administration and on priorities of the key committees that have major jurisdiction over the Act.
Clean Water Issues in the 107th Congress: An Overview
Key water quality issues that may face the 107th Congress include: actions to implement existing provisions of the Clean Water Act, whether additional steps are necessary to achieve overall goals of the Act, and the appropriate federal role in guiding and paying for clean water activities. This Act is the principal law that deals with polluting activity in the nation’s lakes, rivers, and coastal waters and authorizes funds to aid construction of municipal wastewater treatment plants. Legislative prospects for comprehensively amending it have been stalled over whether and exactly how to change the law.
Water Quality: Implementing the Clean Water Act
Congress enacted the most recent major amendments to the Clean Water Act in 1987 (P.L. 100-4). Since then, the Environmental Protection Agency (EPA), states, and others have been working to implement the many program changes and additions mandated in the law. At issue today, as it has been for some time, is what progress EPA and the states are making. In general, many states and environmental groups fault EPA for delays in issuing guidance and assistance needed to carry out the provisions of the law. EPA and others are critical of states, in turn, for not reaching beyond conventional knowledge and institutional approaches to address their water quality problems. Environmental groups have been criticized for insufficient recognition of EPA's and states' need for flexibility to implement the Act. Finally, Congress has been criticized for not providing adequate funding and resources to meet EPA and state needs.
The Arctic National Wildlife Refuge: The Next Chapter
This report discusses the ongoing debate about whether or not to open the Arctic National Wildlife Refuge (ANWR) for energy development. The report discusses arguments for and against such development and focuses especially on related pieces of legislation that directly affects the future of the ANWR.
The Arctic National Wildlife Refuge: The Next Chapter
This report discusses the ongoing debate about whether or not to open the Arctic National Wildlife Refuge (ANWR) for energy development. The report discusses arguments for and against such development and focuses especially on related pieces of legislation that directly affects the future of the ANWR.
Statutory Interpretation: General Principles and Recent Trends
The Supreme Court has expressed an interest "that Congress be able to legislate against a background of clear interpretive rules, so that it may know the effect of the language it adopts." This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Because the Court has recently placed renewed emphasis on statutory text and somewhat reduced emphasis on legislative history and other interpretive sources "extrinsic" to the text, this report focuses primarily on the Court's methodology in construing statutory text. The Court's recent approaches to reliance on legislative history are also briefly described.
Pay Equity Legislation in the 107th Congress
The term "pay equity" originates from the fact that women as a group are paid less than men. In 2000, for example, women with a strong commitment to the work force earned 76 cents for every dollar earned by men. As women's earnings as a percentage of men's earnings have narrowed by just 12 percentage points over the past four decades (from about 60% in the 1960s and 1970s to more than 70% in the 1990s), some members of the public policy community have argued that current anti-discrimination laws should be strengthened and that additional measures should be enacted. Others, in contrast, believe that further government intervention is unnecessary because the gender wage gap will narrow on its own as women's labor market qualifications continue to more closely resemble those of men.
Pay Equity Legislation in the 107th Congress
This report discusses the gender wage gap and the historical presence of a gendered wage gap up until the time of the report's creation. It reports how the Federal government has fought the wage gap through acts like Equal Pay Act (EPA) and Fair Labor Standards Act (FLSA), and the current idea on how to correct and assist gender-based discrimination in the work force.
Internet Gambling: A Sketch of Legislative Proposals in the 106th Congress
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