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Strategic Petroleum Reserve: Possible Effects on Gasoline Prices of Selected Fill Policies [Updated September 27, 2004]
"Conditions in the gasoline market, including strong demand, high refinery capacity utilization rates, fragmented regional gasoline specifications, and scarce, high-cost imports, as well as the need to build inventories, point to the continuation of high gasoline prices even if oil prices decline somewhat. Although the price of oil influences, and is a component of, the price of gasoline, a complex interaction of many factors determines price. A drawdown of the SPR [Strategic Petroleum Reserve]- in addition to a deferral of RIK [royalty-in-kind] fill- is a further policy option, but is not analyzed in depth here. Benefits might vary, depending upon the ability of refineries to absorb additional crude, and the amount of additional crude made available. However, if one considers that refining capacity is already strained and unlikely to benefit from extra crude supply, any softening in oil prices from a drawdown would be unlikely to be passed along in full to consumers. This report will be updated as events warrant."
Library of Congress. Congressional Research Service
Bamberger, Robert; Pirog, Robert L.
2004-09-27
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Strategic Petroleum Reserve [Updated September 24, 2004]
"The price of crude oil and gasoline has risen steeply during 2004, with crude approaching $50/barrel during September after a reported drop of 9.1 million barrels of U.S. crude oil stocks for the week ending September 17, 2004. Some have attributed a large measure of the decline in crude stocks to Hurricane Ivan, which interrupted deliveries of crude to the Gulf Coast. On September 23, the Administration agreed to a request placed to the Department of Energy from a couple of refineries seeking to borrow crude oil from the Strategic Petroleum Reserve (SPR), to be replaced within a short period of time. The volume of oil returned would be greater than the volume borrowed, in keeping with the mechanics of a 'swap' of oil conducted in 2002 under comparable circumstances. Such a limited and focused swap of less than 2 million barrels is highly unlikely to affect prices in world markets; however, the decision has led to fresh criticism of the Bush Administration' s continued firm reluctance to initiate a drawdown of the SPR, and its insistence on continuing to fill the SPR with royalty-in-kind (RIK) crude from production on federal off-shore leases."
Library of Congress. Congressional Research Service
Bamberger, Robert
2004-09-24
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Same-Sex Marriages: Legal Issues [September 24, 2004]
"Massachusetts became the first state to legalize marriage between same-sex couples May 17, as a result of a November 2003 decision by the state's highest court that denying gay and lesbian couples the right to marry violated the state's constitution. Currently federal law does not recognize same-sex marriages. This report discusses the Defense of Marriage Act (DOMA), P.L. 104-199, which prohibits federal recognition of same-sex marriages and allows individual states to refuse to recognize such marriages performed in other states, as well as the potential legal challenges to the DOMA. Moreover this report summarizes the legal principles applied in determining the validity of a marriage contracted in another state; surveys the various approaches employed by states to prevent same-sex marriage; and discusses the recent House and Senate Resolutions introduced proposing a constitutional amendment (H.J.Res. 56, S.J.Res. 26, S.J.Res. 30, and S.J.Res. 40) and limiting Federal courts' jurisdiction to hear or determine any question pertaining to the interpretation of DOMA. (H.R. 3313). On July 14, 2004, the Senate considered and voted on a required procedural motion. This motion failed by a vote of 48- 50, which prevented further consideration of S.J.Res. 40. On July 22, 2004, the House voted on and passed H.R. 3313."
Library of Congress. Congressional Research Service
Smith, Alison M., 1962-
2004-09-24
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Proposals for Intelligence Reorganization, 1949-2004 [Updated September 24, 2004]
"Proposals for the reorganization of the United States Intelligence Community have repeatedly emerged from commissions and committees created by either the executive or legislative branches. The heretofore limited authority of Directors of Central Intelligence and the great influence of the Departments of State and Defense have inhibited the emergence of major reorganization plans from within the Intelligence Community itself. Proposals to reorganize the Intelligence Community emerged in the period immediately following passage of the National Security Act of 1947 (P.L. 80-253) that established the position of Director of Central Intelligence (DCI) and the Central Intelligence Agency (CIA). Recommendations have ranged from adjustments in the DCI's budgetary responsibilities to the actual dissolution of the CIA and returning its functions to other departments. The goals underlying such proposals have reflected trends in American foreign policy and the international environment as well as domestic concerns about governmental accountability. This report will be updated as circumstances warrant."
Library of Congress. Congressional Research Service
Best, Richard A.
2004-09-24
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HIV/AIDS International Programs: Appropriations, FY2003-FY2005 [Updated November 24, 2004]
"The Administration's FY2005 request for international HIV/AIDS, tuberculosis, and malaria programs totals about $2.8 billion, as compared with $2.4 billion appropriated for FY2004. The FY2005 request includes a large increase for the Global AIDS Initiative, headquartered at the Department of State, while the request for the Global Fund to Fight AIDS, Tuberculosis, and Malaria (Global Fund) is $200 million, as compared with $546.7 million appropriated in FY2004. The Foreign Operations Appropriations bill that passed the House on July 15, 2004, would provide slightly more than the Administration's request overall and includes $400 million as the Foreign Operations component of the Global Fund contribution. An additional portion of the contribution is provided through the Labor/Health and Human Services Appropriation. For additional information, see CRS Issue Brief IB10050, 'AIDS in Africa'."
Library of Congress. Congressional Research Service
Copson, Raymond W.
2004-09-24
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Iraq's Trade with the World: Data and Analysis [Updated September 23, 2004]
"Despite concerns over continued insurgent activity and the stability of the interim government that have scared away much foreign investment by major corporations, the Bush Administration officials and others report that Iraq's economy is booming. The U.S. government is engaged in efforts to attract small and medium U.S. businesses to work and invest in the country as subcontractors on U.S. government contracts and in the private sector. The United States has lifted most international trade sanctions with respect to Iraq in keeping with United Nations Security Council Resolution 1483, and has designated Iraq as a beneficiary developing country under the Generalized System of Preferences. This report provides detailed trade statistics on Iraq's trade with the world from 1980 to the present, highlighting its major trading partners and regional trade linkages. Data on U.S. trade with Iraq for 2003 and 2004 to date are also provided. The report will be updated as events warrant."
Library of Congress. Congressional Research Service
Jones, Vivian Catherine
2004-09-23
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Military Role in Space Control: A Primer [September 23, 2004]
"This report reviews Department of Defense (DOD) military space control efforts and related policy and resources. Since the 1991 Gulf War, U.S. military forces have become increasingly reliant on space resources for communications, intelligence imagery, weather, warning, navigation, and timing. Asserting that U.S. space assets have become an integral part of today's warfare, the Department of Defense (DOD) has begun to emphasize the importance of protecting these resources. Although U.S. military space systems have been relatively unchallenged, military leaders anticipate increasing threats to these systems, because they provide a significant military advantage. DOD defines space control as 'the combat, combat support, and combat service support operations to ensure freedom of action in space for the United States and its allies and, when directed, deny an adversary freedom of action in space.' DOD space control initiatives are embryonic and mostly represent legacy resources used for space surveillance. The DOD budget, however, identifies early stages of developing counterspace measures."
Library of Congress. Congressional Research Service
Fernandez, Adolfo J.
2004-09-23
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'Bunker Busters': Sources of Confusion in the Robust Nuclear Earth Penetrator Debate [September 22, 2004]
"The Robust Nuclear Earth Penetrator (RNEP), often called a "bunker buster," is at present the subject of a cost and feasibility study to determine if either of two nuclear bombs, the B61 and the B83, could be modified, mainly by adding a heavy, pointed case, so as to be able to penetrate perhaps 10 meters into earth or rock. This penetration would increase the weapon's ability, by a factor of 20 to 50, to destroy hardened and deeply buried facilities. The Department of Defense has expressed concern that potential U.S. adversaries are using such facilities because the 1991 and 2003 wars in Iraq demonstrated that U.S. precision conventional weapons can readily destroy facilities that are above the surface or buried at shallow depth. If the study shows RNEP to be feasible and affordable, and if the President and Congress approve, RNEP could move from a study to development and, perhaps, deployment. The RNEP debate has received much attention and spawned much confusion. This report examines sources of confusion in this debate. Part of the difficulty in analyzing this debate is that the RNEP study raises large and complex issues. Should the United States improve its ability to destroy buried targets, or are there offsetting reasons not to? What would be the targets for RNEP, and by what measures should its military effectiveness be judged? How reliable are estimates of collateral damage resulting from RNEP?"
Library of Congress. Congressional Research Service
Medalia, Jonathan E.
2004-09-22
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State Election Laws: Overview of Statutes Regarding Emergency Election Postponement within the State [September 22, 2004]
"Federal law establishes the date of the general presidential election as the Tuesday following the first Monday in November every four years. However, due to the possibility of an emergency or disaster, including the threat of a terrorist attack, occurring immediately before or during a scheduled election, some states have enacted statutes providing for the temporary postponement of elections in their respective states, precincts, districts, or counties. This Report summarizes seven state statutes that provide a mechanism for the postponement of certain elections. In the event of emergencies or disasters, it appears that these laws might provide for the postponement of the general presidential election within the state. The following state statutes are summarized: Florida, Georgia, Hawaii, Louisiana, Maryland, New York, and North Carolina. In addition, examples of state statutes that grant the governor the power to suspend certain state laws during an emergency are included. Although these statutes do not mention elections, they might be relied on to support the state's delay of the general presidential election in an emergency."
Library of Congress. Congressional Research Service
Whitaker, L. Paige
2004-09-22
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Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions [Updated September 22, 2004]
"The Foreign Intelligence Surveillance Act, 50 U.S.C. § 1801 et seq., (FISA) as passed in 1978, provided a statutory framework for the use of electronic surveillance in the context of foreign intelligence gathering. In so doing, the Congress sought to strike a delicate balance between national security interests and personal privacy rights. Subsequent legislation expanded federal laws dealing with foreign intelligence gathering to address physical searches, pen registers and trap and trace devices, and access to certain business records. The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, P.L. 107-56, made significant changes to some of these provisions. Further amendments were included in the Intelligence Authorization Act for Fiscal Year 2002, P.L. 107-108, and the Homeland Security Act of 2002, P.L. 107-296. In addressing international terrorism or espionage, the same factual situation may be the focus of both criminal investigations and foreign intelligence collection efforts. The changes in FISA under these public laws facilitate information sharing between law enforcement and intelligence elements. In its Final Report, the 9/11 Commission noted that the removal of the pre-9/11 'wall' between intelligence and law enforcement 'has opened up new opportunities for cooperative action within the FBI.'... This report will examine the detailed statutory structure provided by FISA and related provisions of E.O. 12333. In addition, it will discuss the decisions of the U.S. Foreign Intelligence Surveillance Court and the U.S. Foreign Intelligence Surveillance Court of Review. Bills from the 108th Congress relating to FISA are addressed in CRS Report RL32608, Foreign Intelligence Surveillance Act: Selected Legislation from the 108th Congress."
Library of Congress. Congressional Research Service
Bazan, Elizabeth B.
2004-09-22
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Nuclear Terrorism: A Brief Review of Threats and Responses [September 22, 2004]
"If terrorists acquired a nuclear weapon, they could use many means in an attempt to bring it into the United States. This nation has many thousands of miles of land and sea borders, as well as several hundred ports of entry. Terrorists might smuggle a weapon across lightly-guarded stretches of borders, ship it in using a cargo container, place it in a hold of a crude oil tanker, or bring it in using a truck, a boat, or a small airplane. The architecture of the U.S. response is termed 'layered defense.' The goal is to try to block terrorists at various stages in their attempts to obtain a nuclear weapon and smuggle it into the United States. The underlying concept is that the probability of success is higher if many layers are used rather than just one or two. Layers include threat reduction programs in the former Soviet Union, efforts to secure HEU worldwide, control of former Soviet and other borders, the Container Security Initiative and Proliferation Security Initiative, and U.S. border security. Several approaches underlie multiple layers, such as technology, intelligence, and forensics. Many policy options have been proposed to thwart or respond to nuclear terrorism, such as developing new detection technologies, strengthening U.S. intelligence capability, and improving planning to respond to an attack. Congress funds programs to counter nuclear terrorism and holds hearings and less-formal briefings on the topic. Many Members have introduced bills in this area."
Library of Congress. Congressional Research Service
Medalia, Jonathan E.
2004-09-22
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Washington Emergency Management and Homeland Security Statutory Authorities Summarized [September 22, 2004]
"The governor and the director of the state of Washington's Emergency Management Division are authorized to carry out state programs, coordinate with local governments and serve as liaison with federal and other state governments. The emergency management council conducts an annual state emergency preparedness assessment. Special accounts have been established in the state treasury for natural disasters; in addition, funds in these accounts may be used for national security preparedness. The statutory code contains provisions related to search and rescue and pipeline safety. If the governor is unable to fulfill the duties of the office, legislative leaders are to assume the role, or legislators may elect an acting governor. The location of the capital may be moved if necessary. This report is one of a series that profiles emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the more significant elements of state statutes, generally as codified. Congressional readers may wish to conduct further searches for related provisions using the Internet link presented in the last section of this report. The National Conference of State Legislatures provided primary research assistance in the development of these profiles under contract to the Congressional Research Service (CRS). Summary information on all of the profiles is presented in CRS Report RL32287. This report will be updated as developments warrant."
Library of Congress. Congressional Research Service
Bea, Keith; Runyon, L. Cheryl; Warnock, Kae M.
2004-09-22
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Vermont Emergency Management and Homeland Security Statutory Authorities Summarized [September 22, 2004]
"Vermont addresses emergencies and disasters through two statutes. The Civil Defense Act created the state Emergency Management Division, and gives the governor emergency powers, authorizes the rendering of mutual aid, and declares that all emergency management functions be coordinated with the federal government. The Internal Security and Public Safety Act provides for a declaration of a state of emergency and activation of an emergency disaster preparedness plan for the state and counties. Financial and other aid is provided by the state emergency relief and assistance fund, and through grants and loans from both federal and private sources. The governor is authorized to declare a state of emergency, and the state emergency board and local legislative boards may vote to terminate emergencies. This report is one of a series that profiles emergency management and homeland security statutory authorities of the 50 states, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the more significant elements of state statutes, generally as codified. Congressional readers may wish to conduct further searches for related provisions using the Internet link presented in the last section of this report. The National Conference of State Legislatures provided primary research assistance in the development of these profiles under contract to the Congressional Research Service (CRS). Summary information on all of the profiles is presented in CRS Report RL32287. This report will be updated as developments warrant."
Library of Congress. Congressional Research Service
Bea, Keith; Runyon, L. Cheryl; Warnock, Kae M.
2004-09-22
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Border and Transportation Security: Appropriations for FY2005 [Updated September 21, 2004]
"Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. The process begins with the President's budget request and is bounded by the rules of the House and Senate, the Congressional Budget and Impoundment Control Act of 1974 (as amended), and current program authorizations. This report is a guide to a subset of one of the 13 regular appropriation bills that Congress passes each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Homeland Security; and to supplement the information provided in the CRS Department of Homeland Security Appropriations report [http://www.congress.gov/erp/ra/html/RL32302.html]. This report summarizes the current legislative status of the bill, major issues, funding levels, and legislative activity related to border and transportation security and will be updated as events warrant."
Library of Congress. Congressional Research Service
Lake, Jennifer E.; Nunez-Neto, Blas
2004-09-21
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General Management Laws and the 9/11 Commissions Proposed Office of National Intelligence Director (NID) and National Counterterrorism Center (NCTC) [September 21, 2004]
"To improve the organization and capabilities of the U.S. intelligence community, the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) recommended, among other things, that two entities be established - a National Intelligence Director (NID) and a National Counterterrorism Center (NCTC). The commission said that the NID should be located within the Executive Office of the President (EOP), and said the NCTC should report to the NID. Legislation designed to create these entities would place them either within the EOP (e.g., H.R. 5024 and H.R. 5050) or within an independent entity outside of the EOP (e.g., S. 2774 and H.R. 5040). Questions have been raised regarding a number of issues associated with the establishment of the NID and the NCTC. One set of such questions centers on whether these proposed entities would be covered by various general management laws - broad statutes designed to regulate the activities, procedures, and administration of all or most executive branch agencies in such areas as regulatory and information management, financial management, procurement, and strategic planning. Earlier in 2004, CRS published a compendium of these general management laws and a companion report on major themes from these laws, with possible management policy options (CRS Report RL30795, General Management Laws: A Compendium; and CRS Report RL32388, General Management Laws: Major Themes and Management Policy Options)."
Library of Congress. Congressional Research Service
Brass, Clinton T.; Copeland, Curtis W.
2004-09-21
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Summary of State Laws on the Issuance of Driver's Licenses to Undocumented Aliens [Updated September 21, 2004]
"Recent events have prompted a series of questions and debate concerning states' issuance of driver's licenses to illegal aliens. Proponents contend that allowing illegal immigrants to obtain driver's licenses is a matter of public safety. Licensed drivers know the rules of the road and can buy insurance, thus making streets safer for everyone. Conversely, opponents argue that allowing illegal immigrants to obtain driver's licenses compromises national security. Moreover, opponents contend that permitting illegal aliens to obtain driver's licenses encourages such individuals to remain in the United States illegally. Thus, opponents contend that illegal immigrants should not be rewarded with such privileges. This report will briefly summarize the policy arguments related to states' issuance of driver's licenses to undocumented or illegal aliens. In addition, this report includes a state-by-state summary of the state laws on issuing licenses to immigrants. This report will be updated as developments warrant."
Library of Congress. Congressional Research Service
Smith, Alison M., 1962-
2004-09-21
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Appropriations for FY2005: Department of Homeland Security [Updated September 20, 2004]
From the Summary: "This report describes the FY2005 appropriations for the Department of Homeland Security (DHS). It summarizes the President's FY2005 budget request for DHS programs submitted to Congress February 2, 2004, the amounts provided in H.R. 4567 (approved by the House June 18, 2004), and the amounts provided in H.R. 4567 (approved in the Senate on September 14, 2004 in lieu of S. 2537). The report includes tables that compare the FY2004 appropriations for the programs and activities of DHS, the President's FY2005 request, the congressional response to the request. The President's FY2005 Budget requests total appropriations of $32.6 billion for DHS. This represents a 7.7% increase over the FY2004 enacted amount of $30.3 billion. H.R. 4567 and S. 2567 recommend a total appropriation of $33.1 billion representing an increase of $500 million compared to the request, and a 9.2% increase compared to the FY2004 enacted level."
Library of Congress. Congressional Research Service
Lake, Jennifer E.; Nunez-Neto, Blas
2004-09-20
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Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2005 [Updated September 17, 2004]
From the Summary: "The Department of Defense (DOD) administers five environmental programs in response to various requirements under federal environmental laws. These programs include environmental cleanup, environmental compliance, pollution prevention, environmental technology, and conservation. The Department of Energy (DOE) is responsible for managing defense nuclear waste and cleaning up contaminated nuclear weapons sites. In the second session of the 108th Congress, the most controversial environmental issues have been: whether to provide further exemptions for military readiness activities from certain air quality and environmental cleanup requirements, and whether to provide DOE with the authority to classify certain high-level radioactive wastes at former nuclear weapons sites in a manner that would permit these wastes to be permanently disposed of on-site in Washington, Idaho, and South Carolina. [...] This report will be updated as developments warrant."
Library of Congress. Congressional Research Service
Bearden, David M.
2004-09-17
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'Spam': An Overview of Issues Concerning Commercial Electronic Mail [Updated September 16, 2004]
"Spam, also called unsolicited commercial email (UCE) or 'junk email,' aggravates many computer users. Not only can spam be a nuisance, but its cost may be passed on to consumers through higher charges from Internet service providers who must upgrade their systems to handle the traffic. Also, some spam involves fraud, or includes adult-oriented material that offends recipients or that parents want to protect their children from seeing. Proponents of UCE insist it is a legitimate marketing technique that is protected by the First Amendment, and that some consumers want to receive such solicitations. On December 16, 2003, President Bush signed into law the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, P.L. 108-187. It went into effect on January 1, 2004. The CAN-SPAM Act does not ban UCE. Rather, it allows marketers to send commercial email as long as it conforms with the law, such as including a legitimate opportunity for consumers to 'opt-out' of receiving future commercial emails from that sender...Proponents of the law argue that consumers are most irritated by fraudulent email, and that the law should reduce the volume of such email because of the civil and criminal penalties included therein. Opponents counter that consumers object to unsolicited commercial email, and since the law legitimizes commercial email (as long as it conforms with the law's provisions), consumers actually may receive more, not fewer, UCE messages. Thus, whether or not 'spam' is reduced depends in part on whether it is defined as only fraudulent commercial email, or all unsolicited commercial email."
Library of Congress. Congressional Research Service
Smith, Marcia S.
2004-09-16
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Iran: U.S. Concerns and Policy Responses [Updated September 15, 2004]
"To date, the Bush Administration has generally continued the Iran policies of previous administrations by attempting to contain Iran while pursuing limited engagement with it. However, some experts believe a crisis is looming over Iran's nuclear program, and the Bush Administration is pushing for U.N. Security Council consideration of economic or other sanctions against the country. Should the Administration not win approval of such measures, or should sanctions fail to curb Iran's nuclear program, there are some indications that the Administration might consider new options, such as regime change or even some form of military action. U.S. sanctions currently in effect ban or strictly limit U.S. trade, aid, and investment in Iran and penalize foreign firms that invest in Iran's energy sector. Unilateral U.S. sanctions do not appear to have significantly slowed Iran's WMD programs to date. Iran was quietly helpful in the U.S. effort to oust Iraq's Saddam Hussein, a longtime Tehran adversary, although Iran reportedly is supporting Shiite Islamic factions there that do not espouse most Western values. There are some indications that Iran might be shifting some of its support to radical Shiite cleric Moqtada al Sadr, whose Mahdi militia has challenged U.S. forces and the Iraqi government since April 2004."
Library of Congress. Congressional Research Service
Katzman, Kenneth
2004-09-15
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Unauthorized Aliens in the United States: Estimates Since 1986 [September 15, 2004]
"This report presents data estimating the number of unauthorized aliens who have been living in the United States since 1986. There have been a variety of estimates of the unauthorized resident alien population over this period, sometimes with substantially different results. This report is limited to data analysis of the Current Population Survey (CPS) conducted by the U.S. Bureau of the Census and the Bureau of Labor Statistics so that there is a basic standard of comparison over time."
Library of Congress. Congressional Research Service
Wasem, Ruth Ellen
2004-09-15
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European Views and Policies Toward the Middle East [Updated September 14, 2004]
"Managing policy differences on a range of issues emanating from the Middle East poses serious challenges for the United States and its European allies and friends. The most vitriolic dispute has centered on the U.S. decision to use force to oust Saddam Hussein's regime in Iraq. However, divisions over how best to approach the ongoing Israeli-Palestinian conflict, manage Iran, and combat terrorism also persist. The Bush Administration and Members of Congress are concerned that continued disagreements between the two sides of the Atlantic could both constrain U.S. policy choices in the region and erode the broader transatlantic relationship and counterterrorism cooperation over the longer term. The U.S.-initiated Broader Middle East and North Africa partnership project, unveiled at the June 2004 G8 Summit, seeks to encourage reforms in the region and U.S.-European cooperation in tackling Mideast problems. This initiative was welcomed by the 9/11 Commission, which recommended that the United States 'should engage other nations in developing a comprehensive coalition strategy against Islamist terrorism.' How deep and lasting the clash over Iraq and subsequent Middle East policies will be to transatlantic relations will likely depend on several factors, including whether Washington and European capitals can cooperate more robustly to rebuild Iraq; whether Europeans perceive a renewed U.S. commitment to revive the Middle East peace process; and whether differences over Mideast issues spill over into NATO, U.S.-EU trade relations, or impede EU efforts to forge a deeper Union. This report will be updated as events warrant."
Library of Congress. Congressional Research Service
Archick, Kristin
2004-09-14
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Paleontological Resources Preservation Act: Proposal for the Management and Protection of Fossil Resources Located on Federal Lands [September 14, 2004]
From the Summary: "Approximately 30% of the land in the United States is under the control of federal land managers. Much of this public land is rich in paleontological [fossil] resources. Concern has been expressed over the management, conservation, and protection of these resources. There is no comprehensive statute or management policy for the protection or management of fossils located on federal lands. Federal authority for the management of such resources may be derived from a number of general statutes relating to the protection of public properties. The applicability of some of these statutes, such as the Antiquities Act and the Archeological Resources Protection Act, is uncertain or limited. General authority for fossil protection also may be derived from general criminal theft statutes dealing with the theft of government property and from certain site-specific statutes. There may also be certain regulatory authority which is provided by the statutes governing each agency's operations. […] Legislative activity concerning the protection of fossils located on federal lands has occurred in both the 107th and 108th Congresses. There have been two types of legislation: one type deals with specific fossil resources at a particular location; the other type provides comprehensive management and protection authority for fossils located on federal lands. In the 108th Congress, the Senate passed S. 546, the Paleontological Resources Preservation Act. The bill has been referred to two House committees. H.R. 2416, a similar bill, has been introduced in the House. The two bills provide a comprehensive approach to the management of fossils on federal lands, providing uniform definitions, public programs, specific prohibitions, permit procedures, and civil and criminal penalties. The bills would not modify the general mining or reclamation laws, or apply to lands other than federal lands."
Library of Congress. Congressional Research Service
Weimer, Douglas Reid
2004-09-14
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Internet Privacy: Overview and Pending Legislation [Updated September 14, 2004]
"The debate over website information policies concerns whether industry self regulation or legislation is the best approach to protecting consumer privacy. Congress has considered legislation that would require commercial website operators to follow certain fair information practices, but none has passed. Legislation has passed, however, regarding information practices for federal government websites e.g, the E-Government Act (P.L. 107-347). Meanwhile, controversy is rising about how to protect computer users from spyware without creating unintended consequences. Spyware is not well defined, but generally includes software emplaced on a computer without the user's knowledge that takes control of the computer away from the user, such as by redirecting the computer to unintended websites, causing advertisements to appear, or collecting information and transmitting it to another person. Four spyware bills are pending; two have been reported or ordered reported from committee (H.R. 2929 and H.R. 4661). This report provides an overview of Internet privacy, tracks Internet privacy legislation pending before the 108th Congress, and describes the laws that were enacted in the 107th Congress."
Library of Congress. Congressional Research Service
Smith, Marcia S.
2004-09-14
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Genocide: Legal Precedent Surrounding the Definition of the Crime [September 14, 2004]
"The current situation in Darfur, Sudan, and the surrounding debate over whether the Sudanese government's actions constitute genocide or ethnic cleansing provides the impetus for this report. This report presents a brief historical background on the U.N. Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), its ratification and implementation by the United States, and its incorporation into the Rome Statute creating an International Criminal Court (ICC). Decisions from the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) are analyzed to help determine when charges of genocide have been found to be legitimate. For legal purposes, genocide is a highly specific offense, and to be liable for it an actor must commit certain acts against a designated group with an intent to destroy the group, in whole or in part. Accordingly, a number of serious human rights atrocities, such as the mass extermination of a civilian population, might not constitute genocidal acts in certain circumstances, though they may nevertheless constitute war crimes or crimes against humanity."
Library of Congress. Congressional Research Service
Garcia, Michael John; Derenzo, Judith
2004-09-14
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Nonstrategic Nuclear Weapons [September 9, 2004]
"Analysts have identified a number of issues with the continued deployment of U.S. and Russian nonstrategic nuclear weapons. These include questions about the safety and security of Russia's weapons and the possibility that some might be lost, stolen, or sold to another nation or group; questions about the role of these weapons in U.S. and Russian security policy, and the likelihood that either nation might use these weapons in a regional contingency with a non-nuclear nation; questions about the role that these weapons play in NATO policy and whether there is a continuing need for the United States to deploy these weapons at bases overseas; and questions about the relationship between nonstrategic nuclear weapons and U.S. nonproliferation policy, particularly whether a U.S. policy that views these weapons as a militarily useful tool might encourage other nations to acquire their own nuclear weapons, or at least complicate U.S. policy to discourage such acquisition. Some argue that these weapons do not create any problems and the United States should not alter its policy. Others, however argue that the United States should reduce its reliance on these weapons and encourage Russia to do the same. Many have also suggested that the United States and Russia expand their efforts to cooperate on ensuring the safe and secure storage and elimination of these weapons, possibly to include negotiating a formal arms control treaty that would limit these weapons and allow for increased transparency in monitoring their deployment and elimination."
Library of Congress. Congressional Research Service
Woolf, Amy F.
2004-09-09
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Federal Government Debt: Its Size and Economic Significance [Updated September 9, 2004]
From the Document: "After being in surplus between FY1998 and FY2001, the federal budget has now registered deficits for the last three fiscal years. The budget, given current policies, is now projected to remain in deficit through FY2014. When the budget was in surplus, the policy issues were whether or not it would be worthwhile to pay off the national debt and whether or not the existence of public debt provided some economic benefits. For the time being, those are no longer issues. Instead, the question is what are the risks associated with a rising federal debt. In the short run, growth in the public debt affects the composition of economic output. Federal government borrowing adds to total credit demand and tends to push up interest rates. Higher interest rates increase the cost of financing new investment in plant and equipment and thus may tend to reduce the stock of productive capital below what it might otherwise have been. Should the federal government be unable to find private sector buyers, the Federal Reserve might buy the securities that otherwise the government would be unable to sell. Should it decide to do so, then the threat is no longer one of government insolvency, but rather of inflation. This report will be updated as warranted."
Library of Congress. Congressional Research Service
Cashell, Brian
2004-09-09
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Science and Technology Policy: Issues for the 108th Congress, 2nd Session [Updated September 8, 2004]
"Science and technology have a pervasive influence over a wide range of issues confronting the nation. Decisions on how much federal funding to invest in research and development (R&D), and determining what programs have the highest priority, may have implications for homeland security, new high technology industries, government/private sector cooperation in R&D, and myriad other areas. This report provides an overview of key science and technology policy issues pending before Congress, and identifies other CRS reports that treat them in more depth. This report is updated occasionally. Many of the CRS reports cited herein are updated more frequently and should be consulted for timely information. In addition to debating the level of federal funding needed to support R&D (particularly at the Department of Defense and Department of Homeland Security), the 108th Congress is addressing a wide range of science and technology policy issues, from the funding of cloning and stem cell research, to the deployment of ' broadband' technologies to allow high speed access to the Internet. The role of the federal government in technology development is being debated as well."
Library of Congress. Congressional Research Service
Smith, Marcia S.
2004-09-08
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Lawfulness of Interrogation Techniques under the Geneva Conventions [September 8, 2004]
From the Document: "Allegations of abuse of Iraqi prisoners by U.S. soldiers at the Abu Ghraib prison in Iraq have raised questions about the applicability of the law of war to interrogations for military intelligence purposes. Particular issues involve the level of protection to which the detainees are entitled under the Geneva Conventions of 1949, whether as prisoners of war or civilian "protected persons," or under some other status. After photos of prisoner abuse became public, the Defense Department (DoD) released a series of internal documents disclosing policy deliberations about the appropriate techniques for interrogating persons the Administration had deemed to be "unlawful combatants" and who resisted the standard methods of questioning detainees. Investigations related to the allegations at Abu Ghraib revealed that some of the techniques discussed for "unlawful combatants" had come into use in Iraq, although none of the prisoners there was deemed to be an unlawful combatant. This report outlines the provisions of the Conventions as they apply to prisoners of war and to civilians, and the minimum level of protection offered by Common Article 3 of the Geneva Conventions. There follows an analysis of key terms that set the standards for the treatment of prisoners that are especially relevant to interrogation, including torture, coercion, and cruel, inhuman and degrading treatment, with reference to some historical war crimes cases and cases involving the treatment of persons suspected of engaging in terrorism. Finally, the report discusses and analyzes some of the various interrogation techniques approved or considered for use during interrogations of prisoners at Abu Ghraib."
Library of Congress. Congressional Research Service
Elsea, Jennifer
2004-09-08
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Commemorative Observances: A Chronological List [Updated September 7, 2004]
"Historically, national commemorative observances were often recommended by Congress through the legislative process. This practice was for the most part 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. A recent noteworthy departure from current congressional policy is P.L. 107-89, which designates September 11 as Patriot Day and calls upon the President to issue an annual proclamation calling on the American people to commemorate Patriot Day. This report is a chronological list of these proclamations for 2003 and 2004, indicating the proclamation number and its 'Federal Register' citation. This report will be updated periodically during the year."
Library of Congress. Congressional Research Service
Fischer, Hannah
2004-09-07