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9/11 Commission Recommendations: A Civil Liberties Oversight Board
Among the recommendations made by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) in its final report is the creation of a board within the executive branch to oversee adherence to guidelines on, and the commitment to defend, civil liberties by the federal government. This report examines this recommendation and its implications, and will be updated as events warrant.
9/11 Commission Recommendations: Joint Committee on Atomic Energy - A Model for Congressional Oversight?
This report focuses on that portion of the 9/11 Commission recommendation that urges Congress to consider the model of the Joint Committee on Atomic Energy (JCAE). It provides an outline of the history, structure, and powers of the JCAE and analyzes a number of issues that might be considered by policymakers as they weigh the suitability of the JCAE as a possible model when crafting congressional oversight mechanisms for intelligence.
S. 219: The National Employee Savings and Trust Equity Guarantee Act
On July 26, 2005, the Senate Finance Committee approved S. 219, the “National Employee Savings and Trust Equity Guarantee (NESTEG) Act of 2005,” a bill to reform federal pension laws. This report summarizes the major provisions of the bill, as approved by the Committee.
S. 488, H.R. 1343, and Section 406 of H.R. 10: Encouraging Employee Ownership
This report provides background and a policy discussion of similar legislation, S. 488, H.R. 1343 (which passed the House on April 4, 2017), and Section 406 in H.R. 10, the Financial CHOICE Act, which passed the House on June 8, 2017. According to H.R. 1343's sponsor, Representative Randy Hultgren, the legislation is aimed at "eas[ing] the ability of companies to offer ownership to their ... employees."
501(c)(3) Organizations: What Qualifies as "Educational"?
Report that discusses the legal definition of the term "educational," as well as the constitutional implications of that definition.
501(c)(4)s and the Gift Tax: Legal Analysis
This report discusses whether substantial donations to tax-exempt 501(c)(4) organizations are subject to the federal gift tax.
911 Call Center Legislation: S. 1250 and H.R. 2898
This article discusses the 2003 Congress bipartisan E911 (Enhanced 911) legislation introduced in both chambers. Moreover, the article describes the difference in parallel provisions each bill contains that have significant implications for emergency communication policy. The article defines Enhanced 911 as the capability of identifying the phone number and location of a call to a PSAP (Public Safety Answering Points). This report characterizes the cost to PSAPs of upgrading systems and supporting expanded operations as an obstacle to this legislation.
The “1033 Program,” Department of Defense Support to Law Enforcement
This report focuses on the "1033 Program" that grants authority to the Secretary of Defense to give defense material to federal and state agencies. The focal point of the program is mostly for terrorism and illegal drug activities. This report describes how law enforcement agencies may apply to be part of the program and the structure of the program.
S. 1893/H.R. 976: The Children’s Health Insurance Program Reauthorization Act of 2007
This report tracks the Children's Health Reauthorization of Act of 2007 in both the Senate and the House, while also providing a summary of the bill. The report lists each title of the bill. what they do, and their implications. The report also examines costs by analyzing the immediate outlay and future outlay, starting at 28.6 billion and potentially increasing to 35.2 billion over time.
S. 1961 and H.R. 4024: Legislative Responses to a Chemical Storage Facility Spill
From Summary: "This report describes and analyzes H.R. 4024 and S. 1961, as reported. The bill share a number of broadly similar provisions-both would direct states or the Environmental Protection Agency (EPA) to establish programs to prevent and respond to releases from chemical storage facilities (H.R. 4024) or tanks (S. 1961) located near drinking water sources-but they take different approaches to doing so; S. 1961 would make programmatic changes by amending the Safe Drinking Water Act (SDWA), while H.R. 4024 would amend the Clean Water Act (CWA)."
The 1970 amendments to the elementary and secondary education act.
This report addresses the 1970 amendments to the elementary and secondary education act.
The 1995 Japan-U.S. Auto and Parts Trade Dispute: Terms of the Settlement and Implications
On June 28, 1995, the United States and Japan reached a settlement in a long-running dispute over access to Japan's market for automobiles and parts. 100-percent tariffs by the United States on imports of luxury cars from Japan had been threatened under a Section 301 unfair trade practices case dealing with the aftermarket for autoparts in Japan. This report describes the dispute, the settlement, and questions and issues that still remain.
The 2001 Economic Recession: How Long, How Deep, and How Different From the Past?
From Summary: "This report examines the 2001 recession and the recessions of the previous three decades in detail. It gives a brief overview of the other post-war recessions. It outlines the fiscal and monetary policy response to each recession."
The 2002 Farm Bill: Comparison of Commodity Support Provisions with the House and Senate Proposals, and Prior Law
A new farm bill, the Farm Security and Rural Investment Act of 2002 (P.L. 107- 171), covering crop years 2002-2007, was signed into law May 13, 2002. The previous farm bill (now prior law) was the Federal Agriculture Improvement and Reform Act of 1996 (P.L. 104-127), popularly called the FAIR Act. Commodity support authority in the FAIR Act (Title I, Agricultural Market Transition Act (AMTA)) was set to expire after crop year 2002. This report provides a side-by-side comparison of prior law (AMTA), with most commodity support provisions of Title I of the new law, and the House and Senate farm bills.
The 2009 Influenza Pandemic: An Overview
This report describes the World Health Organization (WHO) process to determine the phase of a threatened or emerging flu pandemic, and touches on several related issues.
The 2009 Influenza Pandemic: Selected Legal Issues
This report provides a brief overview of selected legal issues regarding the H1N1 influenza, including emergency measures, civil rights, liability issues, and employment issues.
The 2010 Oil Spill: Criminal Liability Under Wildlife Laws
This report highlights the possible ways to prosecute those who caused the 2010 oil spill in the Gulf of Mexico. The report suggests that prosecution can be done under laws such as the ESA (Endangered Species Act) or the MMPA (Marine Mammal Protection Act) both of which provide for civil and criminal punishment. However, the most likely law to be used will be the MBTA (Migratory Bird Treatment Act) which makes it a crime to kill migratory birds. The report suggests that the MBTA would be the best method to prosecute for criminal liability.
The 2010 Oil Spill: MMS/BOEMRE and NEPA
This report reviews the environmental procedures required following the explosion of an oil well on a tract leased by BP from the federal government.
The 2012 Farm Bill: A Comparison of SenatePassed S. 3240 and the House Agriculture Committee’s H.R. 6083 with Current Law
From Summary: "This report contains a more detailed summary of the major similarities and differences between the House and Senate 2012 farm bills and also provides a side-by-side comparison of every provision in the two farm bills and how these provisions relate to current federal law or policy."
The 2014 Ebola Outbreak: International and U.S. Responses
This report discusses the Ebola virus disease (Ebola or EVD), which is a severe, often fatal disease that was first detected near the Ebola River in the Democratic Republic of the Congo (DRC) in 1976.
2014 Quadrennial Homeland Security Review: Evolution of Strategic Review
The quadrennial homeland security review is a process in which DHS examines the nation's homeland security strategy; the report provides an explanation of this process. Neither the review process nor the report to Congress is a strategy, instead the 2014 QHSR (both the process and report) are part of the constant reevaluation of the nation's homeland security and part of the process by which the combined National and Homeland Security Staff develops the next iteration of the national security strategy.
The 2016 Olympic Games: Health, Security, Environmental, and Doping Issues
This report discusses a variety of issues might pose risks to the health, safety, and general well-being of athletes and their families, team personnel, and spectators participating in or attending the 2016 Olympic Games. Chief among these are the Zika virus, public safety threats, security concerns, and environmental conditions. The report also discusses the possible implications of hosting the Olympics for Brazil and the issue of doping.
2016 Rio Games: Anti-Doping Testing
This report discusses the the anti-doping testing program during the 2016 Summer Olympics. Responsibility for the rests with the International Olympic Committee (IOC). The testing period began July 24, 2016, when the Olympic village opened, and continues through August 21, 2016, the date of the closing ceremony.
Abandoned Mine Reclamation Fee on Coal
This report summarizes the problems that surround the Abandoned Mine Reclamation Fund or Abandoned Mine Land (AML) Fund. This report also includes information on the history of the fund and fees, such as congress extending the fees it imposes six times. Nevertheless, one of the central problems in the report is extending the fees further.
ABM: A Bibliography
This report is a bibliography about ABM.
Abortion and Family Planning-Related Provisions in U.S. Foreign Assistance Legislation and Policy
This report details legislation and policies that restrict or place requirements on U.S. funding of abortion or family planning activities abroad. The level and extent of federal funding for these activities is an ongoing and controversial issue in U.S. foreign assistance and will likely continue to be a point of contention during the 111th Congress.
Abortion, Justice Kennedy, and Judge Kavanaugh
This report addresses the questions that have arisen about the future of the Supreme Court's abortion jurisprudence, after the recent retirement of Justice Kennedy, the last remaining justice from the Casey plurality. The report first reviews the undue burden standard set from the Casey decision and discusses Justice Kennedy's views on the standard in the case law that has developed since Casey. Then, in light of President Trump's July 9, 2018 nomination of Judge Brett Kavanaugh to replace Justice Kennedy, it examines Judge Kavanaugh's only substantive abortion opinion: a dissent in the 2017 case from the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit), Garza v. Hargan. Finally, as lower courts continue to apply the undue burden standard to new abortion regulations, the report concludes by noting some of the abortion cases that the Supreme Court could possibly review in the near future.
Abortion: Legal Control
The U.S. Supreme Court decisions in Roe v. Wade, 410 U.S. 112 (1973), and Doe v. Bolton, 410 U.S. 179, which held generally that a State could no longer prohibit abortions in the first 6 months of pregnancy, caused several House and Senate members to move for an abortion prohibition effectuated by congressional action. To this end, proposed bills and constitutional amendments have been introduced in both Houses. Rather than having settled the abortion question conclusively, the Supreme Court decisions have kindled a national protest movement.
An Abridged Sketch of Extradition To and From the United States
Abridged synopsis of information about treaties and procedures followed by the United States related to extradition requests (originating in the U.S. or from a foreign country) to surrender a person for prosecution or punishment in another country.
Academic Competitiveness Grants: Background, Description, and Selected Issues
From Summary: "This report describes the AC grant program, including the eligibility criteria and the various ways of satisfying the rigorous secondary school requirement. It also includes a discussion of the funding levels for the program. Finally, the report concludes with a discussion of selected policy issues related to the AC program.
Accelerated Vehicle Retirement for Fuel Economy: "Cash for Clunkers"
This report outlines the key provisions of the Consumer Assistance to Recycle and Save (CARS) program, discusses the initial impact of the program and some of the concerns raised by Senators. It also summarizes similar programs in other countries.
The Acceptance of Gifts of Free Meals by Members of Congress
This report outlines the rules by which Congress may accept free meals from outside private third parties. The report highlights that the most common exceptions to this rule are of de minimis value (under 50 dollars). Moreover, the report specifies that gifts from foreign agents, lobbyists, and those who have direct interest in congressional legislation are of the most concern.
Access to Broadband Networks
From Summary: "This report analyzes these three components to identify the parameters that network providers have within their control (such as their choices about network architecture, overall bandwidth capacity, bandwidth reserved for their own use, traffic prioritization, the terms and rates for access to their networks and for their own use, traffic prioritization, the terms and rates for access to their networks and for their retail services) that can affect how end users and independent applications providers can access their networks, how those parameters might be used strategically to harm competition for, and consumers of, voice over internet protocol (VOIP), video, and other applications that ride over broadband networks."
Access to Broadband Networks: The Net Neutrality Debate
This report discusses the current debate over "net neutrality." While there is no single accepted definition of "net neutrality," most agree that any such definition should include the general principles that owners of the networks that compose and provide access to the Internet should not control how consumers lawfully use that network, and they should not be able to discriminate against content provider access to that network.
Access to Broadband Networks: The Net Neutrality Debate
This report discusses the current debate over "net neutrality." While there is no single accepted definition of "net neutrality," most agree that any such definition should include the general principles that owners of the networks that compose and provide access to the Internet should not control how consumers lawfully use that network, and they should not be able to discriminate against content provider access to that network.
Access to Government Information in the United States
The U.S. Constitution makes no specific allowance for any one of the three branches of the federal government to have access to information held by the others. No provision in the U.S. Constitution expressly establishes a procedure for public access to government information. Congress has legislated various public access laws. Among these laws are two records access statutes, The Freedom of Information Act, the Privacy Act, and two meetings access statutes, the Federal Advisory Committee Act, and the Government in the Sunshine Act. This report offers an overview of the four information access laws noted above, and provides citations to additional resources related to these tools.
Access to Government Information In the United States: A Primer
The U.S. Constitution makes no specific allowance for any one of the three branches of the federal government to have access to information held by the others. No provision in the U.S. Constitution expressly establishes a procedure for public access to government information. Congress has legislated various public access laws. Among these laws are two records access statutes, The Freedom of Information Act, the Privacy Act, and two meetings access statutes, the Federal Advisory Committee Act, and the Government in the Sunshine Act. This report offers an overview of the four information access laws noted above, and provides citations to additional resources related to these tools.
Access to Medical Records Under Federal Law
This report highlights the contentions surrounding the release of health care information when it is meant to be confidential. In addition, the report summarizes the federal laws that govern how this information is distributed and when it is to be distributed. Finally, the report discusses the tension between the federal government and state governments in implementing a uniform standard for this type of law.
Access to Unapproved Drugs: FDA Policies on Compassionate Use and Emergency Use Authorization
This report discuses the approval or licensure procedures of drugs and biological products which Food and Drug Administration (FDA) may permit the sponsor to provide an unapproved or unlicensed product to patients outside the standard regulatory framework.
Across-the-Board Spending Cuts in Omnibus Appropriations Acts
This report examines the use of across-the-board spending cuts in omnibus appropriations acts for FY2000-FY2004, assessing the budgetary context leading to the spending cut, recounting the legislative action on the spending cut provision, and reviewing the provision’s design and implementation.
Adequate Yearly Progress (AYP): Growth Models Under the No Child Left Behind Act
This report highlights the adequate yearly progress (AYP) concept of the No Child Left Behind Act of 2001. The AYP is the standard of eligibility for grants, of which states must implement AYP policies in all public schools and local education agencies (LEAs). The standard primarily utilizes state test scores to measure the school's eligibility for funding, schools that do not meet AYP standard for two or more consecutive years face consequences. Finally, the report tackles the idea of growth models in reference to the AYP.
Adequate Yearly Progress (AYP): Implementation of the No Child Left Behind Act
This report is intended to provide an overview of the Adequate Yearly Process (AYP) concept and several related issues, a description of the AYP provisions of the No Child Left Behind Act, and an analysis of the implementation of these provisions by the U.S. Department of Education (ED) and the states. It will be updated when major administrative actions are taken by ED, or substantial new data on state implementation become available.
Adequate Yearly Progress (AYP): Implementation of the No Child Left Behind Act
This report is intended to provide an overview of the Adequate Yearly Process (AYP) concept and several related issues, a description of the AYP provisions of the No Child Left Behind Act, and an analysis of the implementation of these provisions by the U.S. Department of Education (ED) and the states. It will be updated when major administrative actions are taken by ED, or substantial new data on state implementation become available.
Adequate Yearly Progress (AYP): Might Growth Models Be Allowed Under the No Child Left Behind Act?
This report analyses the adequate yearly progress model under the No Child Left Behind Act in terms of the range of possible models that could be used to find that information, what current model being used as implemented by the Department of Education, educational growth models and alternatives, if such models are in line with the original intent of the No Child Left Behind Act, and more.
Adjusting Federal Benefits for Geographic Differences in the Cost of Living
This report discusses the indexing provisions in relation to geographic location. Moreover, the report further summarizes how the consumer price index does not cover interarea cost of living comparisons.
Administration’s Proposal to Reauthorize the Elementary and Secondary Education Act: Comparison to Current Law
This report discusses the challenges and consequences of reauthorizing the Elementary and Secondary Education Act (ESEA). Moreover, the report outlines the Department of Education's (ED) ideas for reform in the reauthorization. Finally, the reforms are compared to the current policy the ESEA possesses.
Administrative Law Judges: An Overview
This report summarizes what an administrative law judge (ALJ) is, what they do, and their responsibilities as one. Moreover, the report explains that ALJ's have both a rulemaking and judicial role in work done by executive agencies. Finally, the report emphasizes the differences between ALJs and non-ALJs that also conduct judicial activities in federal agencies.
Adoption in the United States
This report discusses adoption in the U.S. and includes statistics, information on adoption related legislation, and articles on challenges and current topics of discussion related to adoption.
Advanced Research Projects Agency - Energy (ARPA-E): Background, Status, and Selected Issues for Congress
This report provides an overview of Advanced Research Projects Agency - Energy (ARPA-E) design. The report discusses the legislative origins and policy debates prior to ARPA-E authorization and Bush administration response to ARPA-E authorization.
The Advanced Technology Program
The Advanced Technology Program (ATP) was created by P.L. 100-418, the Omnibus Trade and Competitiveness Act of 1988, to encourage public-private cooperation in the development of pre-competitive technologies with broad application across industries. This activity has been targeted for elimination as a means to cut federal spending. This report discusses the ATP and related issues of federal appropriations (or the lack thereof).
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