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The Use of Seclusion and Restraint in Public Schools: The Legal Issues
Seclusion and restraint have been used in various situations to deal with violent or noncompliant behavior. Because of congressional interest in the use of seclusion and restraint in schools, including passage of H.R. 4247 and the introduction of S. 2860, 111th Congress, first session, this report focuses on the legal issues concerning the use of these techniques in schools, including their application both to children covered by the Individuals with Disabilities Education Act (IDEA) and to those not covered by IDEA.
Date:
October 14, 2010
Creator:
Jones, Nancy Lee & Feder, Jody
System:
The UNT Digital Library
Biomass: Comparison of Definitions in Legislation Through the 111th Congress
This report discusses the use of biomass as an energy feedstock, which is emerging as a potentially viable alternative to address U.S. energy security concerns, foreign oil dependence, rural economic development, and diminishing sources of conventional energy. Biomass (organic matter that can be converted into energy) may include food crops, crops for energy (e.g., switchgrass or prairie perennials), crop residues, wood waste and byproducts, and animal manure. This report discusses legislation regarding biomass, the evolving definition of biomass, and the positions of supporters and detractors of biomass as an alternative energy source.
Date:
October 28, 2010
Creator:
Bracmort, Kelsi & Gorte, Ross W.
System:
The UNT Digital Library
Legal Issues Relating to the Disposal of Dispensed Controlled Substances
Prescription drug abuse is the second-most common form of illicit drug abuse among teenagers in the United States, trailing only marijuana use. Prescription drug abuse has become a particular concern amongst federal policymakers. This report discusses this issue, including related pieces of legislation such as the Controlled Substances Act, the Secure and Responsible Drug Disposal Act of 2010, and the proper way to dispose of controlled substances.
Date:
October 19, 2010
Creator:
Yeh, Brian T.
System:
The UNT Digital Library
History of the Joint Committee on Reduction of Non-Essential Federal Expenditures (1941- 1974), with Observations on Oversight Today
This report traces the history of the joint committee and describes the subject matter of some of its principal work products. The report concludes with some considerations involved with the creation of a committee - the purpose of which is to assist Congress in reducing federal spending - and with a brief examination of committee oversight authority extant in House and Senate committees and of alternative mechanisms for cutting spending.
Date:
October 26, 2010
Creator:
Koempel, Michael L.; Murray, Justin & Tabit, Brian P.J.
System:
The UNT Digital Library
Foreign Corrupt Practices Act (FCPA): Congressional Interest and Executive Enforcement
This report briefly discusses the Foreign Corrupt Practice Act of 1977 (FCPA), which was intended to prevent corporate bribery of foreign officials. Criticisms of the act's operation and scope began almost immediately after its passage and have continued. This report discusses these criticisms.
Date:
October 21, 2010
Creator:
Seitzinger, Michael V.
System:
The UNT Digital Library
The Status of the Basel III Capital Adequacy Accord
The new Basel Capital Adequacy Accord (Basel III) is an agreement among countries' central banks and bank supervisory authorities on the amount of capital banks must hold as a cushion against losses and insolvency. Basel III is of concern to Congress mainly because it could put U.S. financial institutions at a competitive disadvantage in world financial markets. This report follows the basic elements of the Basel III documents on the types of capital requirements and their phase-in schedule, which were approved by the Basel member central bank governors on September 12, 2010. The elements are the new definition of Tier 1 capital, the minimum common equity capital, the capital conservation buffer, countercyclical capital buffer, liquidity coverage ratio, global leverage ratio, and wind-down government capital injections. The report concludes with some implications drawn from its content.
Date:
October 28, 2010
Creator:
Eubanks, Walter W.
System:
The UNT Digital Library
Proliferation Control Regimes: Background and Status
This report provides background and current status information on multilateral regimes established to restrict trade in nuclear, chemical, and biological weapons and missile technologies, and to monitor their civil applications. Congress may consider the efficacy of these regimes in considering the potential renewal of the Export Administration Act, as well as other proliferation-specific legislation in the 111th Congress.
Date:
October 18, 2010
Creator:
Nikitin, Mary Beth; Kerr, Paul K. & Hildreth, Steven A.
System:
The UNT Digital Library
The Servicemembers Civil Relief Act (SCRA): A Private Cause of Action
This report discusses the Servicemembers Civil Relief Act (SCRA), the purpose of which is to provide for, strengthen, and expedite the national defense by protecting service members, enabling them to "devote their entire energy to the defense needs of the Nation." This report also discusses related legislation, such as the Veterans' Benefits Act of 2010, which clarifies certain SCRA protections.
Date:
October 29, 2010
Creator:
Mason, R. Chuck
System:
The UNT Digital Library
The U.S. Oil Refining Industry: Background in Changing Markets and Fuel Policies
This report begins by looking at the current production capacity of the oil refineries operating in the United States, and the sources and changes in crude oil supply. It then examines the changing characteristics of petroleum and petroleum product markets and identifies the effects of these changes on the refining industry. The report concludes with discussion of the policy and regulatory factors that are likely to affect the structure and performance of the industry during the next decade.
Date:
October 29, 2010
Creator:
Andrews, Anthony & Pirog, Robert
System:
The UNT Digital Library
House Contested Election Cases: 1933 to 2005
This report provides a summary of contested election cases from the 73rd Congress through the 109th Congress, 1933 to 2005. The descriptions primarily provide information concerning the nature of the action and the disposition of the case. The summary is limited to only those cases that were considered by the House of Representatives; cases decided at the state level are beyond the scope of this report.
Date:
October 26, 2006
Creator:
Whitaker, L. Paige
System:
The UNT Digital Library
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.
Date:
October 27, 2010
Creator:
Bruno, Andorra
System:
The UNT Digital Library
Tariff Modifications: Miscellaneous Tariff Bills
This report discusses the current process by which duty suspension bills and other provisions are introduced, reviewed by several government agencies and committee staff, made available for public comment, and finally included in omnibus miscellaneous trade and technical corrections bills (MTBs) legislation reported out by the committees of jurisdiction.
Date:
October 20, 2010
Creator:
Jones, Vivian C.
System:
The UNT Digital Library
Nuclear Energy Policy
This report discusses nuclear energy issues currently facing Congress, such as federal incentives for new commercial reactors, radioactive waste management policy, research and development priorities, power plant safety and regulation, nuclear weapons proliferation, and security against terrorist attacks.
Date:
October 21, 2010
Creator:
Holt, Mark
System:
The UNT Digital Library
U.S. International Trade: Trends and Forecasts
This report discusses the U.S. trade deficit in light of the 2008 global financial crisis, with emphasis on international trade and U.S. trade policy, most recent developments in trade of goods and service, trade forecasts for the future, and how issues such as the U.S. trade deficit and international trade, particularly with China, are commonly perceived.
Date:
October 15, 2010
Creator:
Nanto, Dick K. & Donnelly, J. Michael
System:
The UNT Digital Library
Congressional Nominations to U.S. Service Academies: An Overview and Resources for Outreach and Management
This report, which will be updated as warranted, describes statutory requirements for allocating congressional nominations to service academies. It also identifies the qualifications that must be met by potential nominees, as established by statute and each academy. Finally, sample documents that could be used by congressional offices at various stages of the nomination selection process are included.
Date:
October 7, 2010
Creator:
Petersen, R. Eric
System:
The UNT Digital Library
Coast Guard Deepwater Acquisition Programs: Background, Oversight Issues, and Options for Congress
The term Deepwater refers to a collection of more than a dozen Coast Guard acquisition programs for replacing and modernizing the service's aging fleet of deepwater-capable ships and aircraft. Currently, there are plans to increase and enhance the Coast Guard's fleet through the Deepwater acquisition program. This report details the Coast Guard's budget requests and explains how the Coast Guard has improved its organization and management over the past several years.
Date:
October 22, 2010
Creator:
O'Rourke, Ronald
System:
The UNT Digital Library
The Specialty Metal Provision and the Berry Amendment: Issues for Congress
In order to protect the U.S. industrial base during periods of adversity and war, Congress passed a set of domestic source restrictions which became known as the Berry Amendment. Specialty metal represented one of fourteen items previously covered under the Berry Amendment. Congress took action in the FY2007 National Defense Authorization Act to move the specialty metal provision from the Berry Amendmgent into a separate section of Title 10. This report examines the specialty metal provision, potential oversight issues for Congress, and options that Congress may choose to consider.
Date:
October 5, 2010
Creator:
Grasso, Valerie Bailey
System:
The UNT Digital Library
Veterans' Benefits: Dependency and Indemnity Compensation (DIC) for Survivors
The Department of Veterans Affairs (VA) offers directly, or in conjunction with other federal agencies, several benefits for surviving spouses, children, and dependent parents of deceased veterans to provide them with financial, educational, and emotional support. Among these various programs, Dependency and Indemnity Compensation (DIC) is a monthly tax-free cash payment for eligible surviving spouses, children, and dependent parents. This report outlines the eligibility requirements and benefit levels for DIC, the policy issues associated with DIC, and legislation in the 111th Congress related to DIC.
Date:
October 18, 2010
Creator:
Scott, Christine
System:
The UNT Digital Library
"Don't Ask, Don't Tell": The Law and Military Policy on Same-Sex Behavior
This report describes the "Don't Ask, Don't Tell" military policy, which holds that the presence in the armed forces of persons who demonstrate a propensity or intent to engage in same-sex acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion which are the essence of military capability. Under this policy, but not the law, service members are not to be asked about nor allowed to discuss their "same-sex orientation." This report also describes recent efforts by certain Members of Congress to amending this policy.
Date:
October 14, 2010
Creator:
Burrelli, David F.
System:
The UNT Digital Library
"Don't Ask, Don't Tell": A Legal Analysis
In recent years, several Members of Congress have expressed interest in amending "Don't Ask, Don't Tell," (DADT) a legislation that requires those of homosexual orientation in the military to keep quiet about their orientation in order to maintain "morale, good order and discipline, and unit cohesion." At least two bills that would repeal the law and replace it with a policy of nondiscrimination on the basis of sexual orientation - H.R. 1283 and S. 3065 - have been introduced in the 111th Congress. This report provides a legal analysis of the various constitutional challenges that have been brought against DADT; for a policy analysis, see CRS Report R40782, "Don't Ask, Don't Tell": Military Policy and the Law on Same-Sex Behavior, by David F. Burrelli.
Date:
October 21, 2010
Creator:
Feder, Jody
System:
The UNT Digital Library
The Bush Tax Cuts and the Economy
The George W. Bush Administration enacted a series of tax cuts through the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003. This report examines these tax cuts within the context of the current and long-term economic environment.
Date:
October 27, 2010
Creator:
Hungerford, Thomas L.
System:
The UNT Digital Library
Criminal Prohibitions on the Publication of Classified Defense Information
The recent online publication of classified defense documents by the organization WikiLeaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report identifies some criminal statutes that may apply and also discusses the statutory prohibitions that may be implicated, such as the Espionage Act.
Date:
October 18, 2010
Creator:
Elsea, Jennifer K.
System:
The UNT Digital Library
Food Safety in the 111th Congress: H.R. 2749 and S. 510
This report discusses whether the current food safety system has the resources, authority, and structural organization to safeguard the health of American consumers, who spend more than $1 trillion on food each year. Also at issue is whether federal food safety laws, first enacted in the early 1900s, have kept pace with the significant changes that have occurred in the food production, processing, and marketing sectors since then.
Date:
October 15, 2010
Creator:
Johnson, Renée
System:
The UNT Digital Library
Intermediate-Level Blends of Ethanol in Gasoline, and the Ethanol "Blend Wall"
This report discusses the growing interest in the potential for ethanol to displace petroleum as a transportation fuel, as well as related issues, including current Clean Air Act (CAA) limitation on ethanol content in gasoline; the requests of ethanol producers for an increase of this limitation; and the effects the limitation has upon vehicle and engine warranties and the infrastructures of the automobile and fuel industries.
Date:
October 18, 2010
Creator:
Yacobucci, Brent D.
System:
The UNT Digital Library