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Law

The State of Campaign Finance Policy: Recent Developments and Issues for Congress

Campaign finance policy is arguably at a crossroads. For decades, Congress, regulatory agencies, and courts have emphasized the need to reduce potential corruption by providing public disclosure of information about campaign contributions and expenditures. Preventing corruption and enhancing transparency remain prominent themes in campaign finance policy, but what those goals mean and how they should be accomplished appears to be in flux.

Child Welfare: Social Security and Supplemental Security Income (SSI) Benefits for Children in Foster Care

Of the more than 400,000 children in foster care on a given day, as many as 24,000 (about 6%) receive Supplemental Security Income (SSI) or other Social Security benefits. Some research suggests that a greater number of children in foster care might be eligible for SSI benefits if this assistance was sought. SSI benefits are available under Title XVI of the Social Security Act for certain disabled children from families with low incomes and minimal assets.

National Forest System (NFS) Roadless Area Initiatives

Roadless areas in the National Forest System (NFS) have received special attention for decades. Many want to protect their relatively pristine condition; others want to use the areas in more developed ways. Two different roadless area policies have been offered in the last decade. On January 12, 2001, the Clinton Administration's roadless area policy established a nationwide approach to managing roadless areas in the National Forest System to protect their pristine conditions.

Judicial Discipline Process: An Overview

The current statutory structure with respect to complaints against federal judges and judicial discipline was enacted on November 2, 2002, as the Judicial Improvements Act of 2002, P.L. 107-273, 28 U.S.C. §§ 351-364. These provisions are applicable to federal circuit judges, district judges, bankruptcy judges, and magistrate judges. They do not apply to the Justices of the U.S. Supreme Court. The U.S.

Tort Suits Against Federal Contractors: An Overview of the Legal Issues

Pending litigation and judicial decisions in recent tort suits filed by U.S. civilian and military personnel, other U.S. persons, and other parties against federal contractors have prompted congressional and public interest. Many of these suits allege that contractors were negligent or committed fraud or intentional torts (e.g., false imprisonment, infliction of emotional distress) in the course of providing services in support of combat operations in Iraq and Afghanistan.

No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress

The ongoing uprising in Libya against the government of Muammar al Qadhafi has been the subject of ongoing domestic and international debate about potential international military intervention, including the proposed establishment of a no-fly zone over Libya. Congress may wish to consider issues surrounding the strategy, international authorization, congressional authorization, operations, and costs of establishing and maintaining no-fly zones.

Shutdown of the Federal Government: Causes, Processes, and Effects

When federal agencies and programs lack appropriated funding, they experience a funding gap. Under the Antideficiency Act, they must cease operations, except in emergency situations. Failure of the President and Congress to reach agreement on interim or full-year funding measures occasionally has caused government shutdowns, the longest of which lasted 21 days, from December 16, 1995, to January 6, 1996.

Closing the Guantanamo Detention Center: Legal Issues

Following the terrorist attacks of 9/11, Congress passed the Authorization to Use Military Force (AUMF), which granted the President the authority "to use all necessary and appropriate force against those ... [who] planned, authorized, committed, or aided the terrorist attacks" against the United States. Many persons subsequently captured during military operations in Afghanistan and elsewhere were transferred to the U.S. Naval Station at Guantanamo Bay, Cuba, for detention and possible prosecution before military tribunals.

Veterans Affairs: The U.S. Court of Appeals for Veterans Claims--Judicial Review of VA Decision Making

Congress, through the Department of Veterans Affairs (VA), extends various benefits to veterans and certain of their family members. Sometimes veterans may not agree with the VA's initial decisions concerning the award and/or the amount of these benefits. Within the VA, there is an extensive appeal/review process that concludes with the decision of the Board of Veterans' Appeals (BVA). Final decisions of the BVA may be appealed to the U.S. Court of Appeals for Veterans Claims (CAVC), which is an independent federal court, entirely separate from the VA.

The Employee Free Choice Act

This report discusses legislative attempts to amend the National Labor Relations Act ("NLRA") to allow for union certification without an election, based on signed employee authorizations. The Employee Free Choice Act ("EFCA"), introduced in the 111th Congress as H.R. 1409 and S. 560, would have allowed union certification based on signed authorizations, provided a process for the bargaining of an initial agreement, and prescribed new penalties for certain unfair labor practices.