Congressional Research Service Reports - 230 Matching Results
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- “Good Samaritan” Tort Reform: Three House Bills
- This report discusses three 108th Congress tort reform bills: the Volunteer Pilot Organization Protection Act (H.R. 1084), the Good Samaritan Firefighter Assistance Act of 2003 (H.R. 1787), and the Nonprofit Athletic Organization Protection Act of 2003 (H.R. 3369).
- Supreme Court October Term 2016: A Review of Select Major Rulings
- This report highlights four particularly notable cases the Court heard and ruled on during the October 2016 term: Matal v. Tam, which examines the interplay between the First Amendment and trademark law; Sessions v. Morales-Santana, a case exploring the relationship between immigration law and the Court's Equal Protection jurisprudence; Trinity Lutheran Church of Columbia, Inc. v. Comer, the latest chapter in the Court's Free Exercise jurisprudence; and Ziglar v. Abbasi, a case limiting the types of damages claims that can be asserted against federal officers for alleged constitutional violations under the Bivens doctrine. Each case is addressed in a separate section below, which provides background information on the case; summarizes the arguments that were presented to the Court; explains the Court's ultimate ruling; and examines the implications that the Court's ruling could have for Congress, including broader ramifications for jurisprudence in a given area of law.
- The Federal Arbitration Act: Background and Recent Developments
- Enacted in 1925, the Federal Arbitration Act (“FAA”) seeks to ensure the validity and enforcement of arbitration agreements in any “maritime transaction or . . . contract evidencing a transaction involving commerce.” In general, the FAA evidences a national policy favoring arbitration. However, the application of the FAA to various types of arbitration agreements has been the subject of numerous lawsuits. This report provides a brief legislative history of the FAA, as well as a review of selected cases that have interpreted the FAA. The report also discusses bills introduced during the 108th Congress that would amend the FAA to address the use of arbitration to resolve employment and specific contract disputes.
- Summary of the Department of Energy Organization Act
- This report briefly summarizes the major provisions of the law.
- Immigration: "Recalcitrant" Countries and the Use of Visa Sanctions to Encourage Cooperation with Alien Removals
- This report discusses the use of visa sanctions by the Trump Administration, past uses of visa sanctions, and alternatives to visa sanctions to encourage countries to comply with repatriation of their citizens.
- Brownfields and Superfund Issues in the 108th Congress
- The Superfund program for cleaning up the nation’s worst hazardous waste sites was created by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, or CERCLA (P.L. 96-510, as amended). This report discusses recent development and background issues, superfund issues, revenue issues, comprehensive reauthorization, and legislation regarding superfund program.
- Burma’s Political Prisoners and U.S. Sanctions
- This report provides information about the Burma’s Political Prisoners and U.S. Sanctions including the Burmese freedom and Democracy act of 2003.
- 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.
- The Proposed consumer protection agency: Legislative history and arguments Pro and con
- This report is about the proposed consumer protection agency, in specific legislative history and arguments pro and con.
- Federal Indian Law: Background and Current Issues
- This report briefly describes some of the fundamentals of federal Indian law, including the concept of tribal sovereignty and the allocation of authority among state, federal, and tribal governments with reference to criminal and civil laws and taxation.
- Implementing Acid Rain Legislation
- This report discusses the broad-ranging provisions in Title IV of The Clean Air Act Amendments of 1990 (P.L. 101-549), which raise myriad implementation issues, particularly with respect to the system of tradable "allowances."
- Taxpayer Protections in the IRS Restructuring Bill: Attorneys' Fees and Damages for IRS Abuses
- No Description Available.
- Salaries of Members of Congress: Congressional Votes, 1990-2015
- This report contains information on actions taken affecting each pay year since the establishment of the Ethics Reform Act adjustment procedure. It also provides information on other floor action related to pay for Members of Congress.
- Community Oriented Policing Services (COPS): Current Legislative Issues
- This report provides an overview and analysis of issues Congress might choose to consider when taking up legislation to reauthorize the Community Oriented Policing Services (COPS) program.
- Federal Employees' Retirement System: Benefits and Financing
- This report discusses the retirement systems in place for federal employees including the Civil Service Retirement System (for employees hired before 1984) and the Federal Employees' Retirement System (for employees hired in 1984 or later). Both programs require participants to contribute toward the cost of their pensions through a payroll tax.
- Medicare and Medicaid Provisions of H.R. 1 - Comparision of Major Provisions passed by the House with those Adopted by the Senate Committee on Finance.
- This report addresses medicare and medicaid provisions of H.R. 1, including a comparrison of major provisions passed by the house with those adopted by the senate committee on finance.
- Cyberwarfare
- This report is designed to examine broad cyberwarfare issues and raise underlying questions. This report first summarizes some cases that illustrate real-world concerns many have with respect to cyberwarfare. It then discusses the current U.S. policy and organizational approaches to cyberwarfare. The report also examines foreign perspectives, the issue of cyberterrorism, and some reported instances of cyberwarfare.
- Taxpayer Protections in the IRS Restructuring Bill: Attorneys' Fees and Damages for IRS Abuses
- This report discusses the proposals to expand a court's authority to award attorneys' fees and costs in certain cases and the proposal to permit a taxpayer to collect damages for negligent collection actions by IRS agents. These provisions are covered in sections 311 and 312 of the House version and in sections 3101 and 3102 of the Senate version.
- Sources of Information on the States
- This report is a compilation of proper sources and information about the states
- Major Bills and Resolutions Introducing in the 93rd Congress relating to Privacy
- This report describes about major bills and resolutions introduced in the 93rd Congress relating to privacy.
- Vesting in Private Pension Plans: Some Issues Before the 93rd Congress.
- This report addresses some Issues Before the 93rd Congress of Vesting in Private Pension Plans.
- Asylum Law and Female Genital Mutilation: Recent Developments
- This report addresses the then recent developments in Asylum Law and Female Genital Mutilation.
- Administrative Subpoenas and National Security Letters in Criminal and Intelligence Investigations: A Sketch
- Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. Both the President and Members of Congress have called for statutory adjustments relating to the use of administrative subpoenas and national security letters in criminal and foreign intelligence investigations. One lower federal court has found the sweeping gag orders and lack of judicial review that mark one of the national security letter practices constitutionally defective. Proponents of expanded use emphasize the effectiveness of administrative subpoenas as an investigative tool and question the logic of its availability in drug and health care fraud cases but not in terrorism cases. Critics suggest that it is little more than a constitutionally suspect “trophy” power, easily abused and of little legitimate use. This is an abridged version — without footnotes, appendices, quotation marks and most citations to authority — of Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments, CRS Report RL32880.
- Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments
- Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. During the 108th Congress, the President urged Congress to expand and re-enforce statutory authority to use administrative subpoenas and national security letters in criminal and foreign intelligence investigations; and legislation was introduced for that purpose. Related proposals have been offered during the 109th Congress, some of which deal with national security letter authority. Proponents of expanded use emphasize the effectiveness of administrative subpoenas as an investigative tool and question the logic of its availability in drug and health care fraud cases but not in terrorism cases. Critics suggest that it is little more than a constitutionally suspect “trophy” power, easily abused and of little legitimate use.
- Cape Kennedy or Cape Canaveral? A brief History, A Background, and An Analysis of S. J. Res. 193
- Report discussing the name of Cape Canaveral consisting of a brief history of the name, discussion of the change from Cape Kennedy to Cape Canaveral, and an analysis of S.J. Res. 193.
- Extraterritorial Application of American Criminal Law
- Crime is ordinarily proscribed, tried, and punished according to the laws of the place where it occurs. American criminal law applies beyond the geographical confines of the United States, however, under certain limited circumstances. A surprising number of federal criminal statutes have extraterritorial application, but prosecutions have been few. This may be because when extraterritorial criminal jurisdiction does exist, practical and legal complications, and sometimes diplomatic considerations, may counsel against its exercise.
- The Origination Clause of the U.S. Constitution: Interpretation and Enforcement
- Article I, Section 7, clause 1 of the U.S. Constitution is known as the Origination Clause because it provides that "All Bills for raising Revenue shall originate in the House of Representatives." The meaning and application of this clause has evolved through practice and precedent since the Constitution was drafted. The Constitution does not provide specific guidelines as to what constitutes a "bill for raising revenue." This report analyzes congressional and court precedents regarding that constitutes such a bill. Second, this report describes the various ways in which the Origination Clause has been enforced. Finally, this report looks at the application of the Origination Clause to other types of legislation.
- Modes of Constitutional Interpretation
- This report provides a brief overview of the major theories of constitutional interpretation.
- Accounting Reform After Enron: Issues in the 108th Congress
- This report discusses the anxieties within Congress in the wake of the Enron scandal. Moreover, the report notes that the 108th Congress is not likely to pass legislative reform as extreme as the 107th Congress, but will still confront issues of accounting reform. The report also highlights what the 108th Congress plans to reform.
- Winter Fuels Market
- This report analyzes the key factors affecting the various winter fuels markets, including consumption, production, reserves, and storage volumes.
- Selected Theories of Constitutional Interpretation
- This report examines theories of constitutional interpretation, the role of the judiciary in this interpretation, and constitutional protections for fundamental rights.
- War Powers Resolution : Presidential Compliance
- This report is about War Power Resolution
- Abortion Law Development: A Brief Overview
- This report summarizes the history of legislation on abortion. Moreover, the report discusses the conflict that surrounds the history of the court cases and how it has effected legislation passed since Roe v. Wade. The report also covers how Roe v. Wade and Doe v. Bolton did not cover a variety of issues that have since been raised by states seeking to restrict abortion.
- Energy and The 98th Congress: Overview
- This report is about perceptions of national energy problem
- Agriculture and the 106th Congress: A Summary of Major Issues
- Most congressional interest in agriculture in the 106th Congress was focused on persistent low prices for major commodities and proposals to redress declining farm income. Six emergency farm aid bills were approved, increasing agricultural spending by nearly $27 billion for fiscal years 1999-2001. These bills provided disaster relief along with short term “market loss payments”to farmers to shore up farm income. Some longer term changes also were enacted as part of emergency farm legislation, which this report discusses in brief.
- Products Liability: A Legal Overview
- No Description Available.
- Who Can Serve as Acting Attorney General
- This report discusses the two primary arguments raised to challenge the President's decision to name Matthew Whitaker as Acting Attorney General: first, that the Vacancies Act does not apply because another statute, 28 U.S.C. § 508, provides that the Deputy Attorney General (DAG) serves as Acting AG in the event of a vacancy; and second, that the Appointments Clause prohibits Whitaker, a non-Senate-confirmed official, from serving as the head of the Department of Justice (DOJ).
- The Leahy-Smith America Invents Act: Innovation Issues
- This report provides an overview of the the Leahy-Smith America Invents Act (AIA). It begins by offering a brief overview of the patent system, then identifies and reviews the specific components of this legislation in greater detail. The report closes with further considerations.
- Executive Compensation: SEC Regulations and Congressional Proposals
- This report discusses appropriate standards for executive compensation and the economic and social impact of escalating pay for corporate executives has led to a controversy regarding the practices of paying these executives
- The DACA and DAPA Deferred Action Initiatives: Frequently Asked Questions
- This report provides answers to frequently asked questions about the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiatives.
- Imf and World Bank Activities in Russia and Asia: Some Conflicting Perspectives
- Examination of differing opinions on whether or not the IMF and World Bank economic programs in Russia and Asia were effective.
- Child Care Issues in the 108th Congress
- This report includes recent developments in federal child care programs and tax provisions. The report discusses several federal programs that support child care or related services, primarily for low-income working families. In addition, the tax code includes provisions specifically targeted to assist families with child care expenses. The report presents the legislative activity in the 108th Congress in regard to child care legislature and provisions.
- The Nicaraguan Adjustment and Central American Relief Act: Hardship Relief and Long-Term Illegal Aliens
- No Description Available.
- The USA PATRIOT Act: A Legal Analysis
- No Description Available.
- USA PATRIOT Act Reauthorization Proposals and Related Matters in Brief
- No Description Available.
- Follow-On Biologics: The Law and Intellectual Property Issues
- This report reviews the Biologics Price Competition and Innovation Act of 2009 (BPCIA), within the context of intellectual property and innovation issues. It provides an introduction to the biologics industry, introduces the regulatory and intellectual property provisions of the BPCIA, considers the potential market for biosimilars and possible industry responses that may arise in the wake of this legislation, and closes with concluding observations.
- "Robo-Signing" and Other Alleged Documentation Problems in Judicial and Nonjudicial Foreclosure Processes
- Recent depositions involving major servicers, including GMAC Mortgage, J.P. Morgan Chase, and Wells Fargo, have raised concerns about "robo-signing" -- the practice of having a small number of individuals sign a large number of affidavits and other legal documents submitted to courts and other public authorities by mortgage companies to execute foreclosure. This report explores concerns related to these issues by explaining the mortgage market process, procedural problems that have surfaced during foreclosure proceedings, and other relevant information.
- China: Labor Conditions and Unrest
- This report discusses the China's Labor condition and Chinese government attempt to implement laws and programs that protect labor rights and provide social welfare benefits while punishing labor rights activists and independent union organizer.
- The Federal Communications Commission: Current Structure and its Role in the Changing Telecommunications Landscape
- The report discusses the Federal Communications Commission (FCC)-Related Congressional Actions in the 112th Congress. The policymakers, including some in Congress, have long called for varying degrees and types of reform to the FCC. Most proposals fall into two categories: (1) procedural changes made within the FCC or through congressional action that would affect the agency's operations or (2) substantive policy changes requiring congressional action that would affect how the agency regulates different services and industry sectors.
- Justice Antonin Scalia's Last Opinion
- This report discusses Justice Antonin Scalia's last opinion for the court (Kansas v. Carr). There, the Court reversed two decisions of the Kansas Supreme Court and held that "the Eighth Amendment [does not] require... capital-sentencing courts to instruct the jury that mitigating circumstances need not be proved beyond a reasonable doubt." It also held that the Eighth Amendment did not require separate trials for two of the defendants in one of the Kansas cases.