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The "Militarization" of Law Enforcement and the Department of Defense's "1033 Program
This report discusses the response of SWAT teams to extraordinary cases that has raised questions about the so called "militarization" of law enforcement.
Independent Counsels, Special Prosecutors, Special Counsels, and the Role of Congress
Report that provides information on the procedure for the appointment of an "independent counsel," a "special prosecutor," or a "special counsel" to investigate and prosecute potential or possible violations of federal criminal law by officials in the executive branch of the federal government and in federal agencies.
Memorandum: Civil-Suit Provision in the House-Passed Concealed Carry Reciprocity Act of 2017 (H.R. 38)
This report evaluates legal issues potentially arising from the civil-suit provision in H.R. 38, the Concealed Carry Reciprocity Act of 2017, which the House of Representatives passed on December 6, 2017
Conducting Foreign Relations Without Authority: The Logan Act
This report discusses the Logan Act, which was intended to prohibit United States citizens without authority from interfering in relations between the United States and foreign governments.
Federal Employees' Retirement System: Benefits and Financing
This report discusses the retirement systems in place for federal employees. Most civilian federal employees who were hired before 1984 are covered by the Civil Service Retirement System, and contribute 7.0% of their pay to a retirement fund. Federal employees hired in 1984 or later are covered by the Federal Employees' Retirement System and contribute 0.8% of their pay to a retirement fund. Both require participants to contribute toward the cost of their pensions through a payroll tax. This report also summarizes relevant legislation in the 113th Congress that would make significant changes to federal benefits and financing, including H.J.Res. 59, S. 18, S. 1678, and H.R. 3639.
In Re Terrorist Attacks on September 11, 2001: Dismissals of Claims Against Saudi Defendants Under the Foreign Sovereign Immunities Act (FSIA)
This report summarizes the Foreign Sovereign Immunities Act (FSIA) and jurisdiction in cases against foreign defendants and analyzes the recent court of appeals decision.
Insurance Regulation: Legislation in the 115th Congress
This report discusses insurance related legislation in the 115th Congress including H.R. 10, Title XI, which would merge and revamp the FIO and the independent insurance expert position on FSOC; S. 1463/H.R. 3110 which would alter the term of the FSOC independent insurance expert; H.R. 3363 which would add insurance claims adjusters to the National Association of Registered Agents and Brokers licensing structure created by Congress in P.L. 114-1; and S. 1360 which would respond to the development of international standards by the International Association of Insurance Supervisors (IAIS).
International Monetary Fund: Selecting a Managing Director
This report provides information on the IMF management selection process and discusses some of the related debate.
Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures
This report discusses the standards and procedures that federal agencies use in making responsibility determinations under the Federal Acquisition Regulation (FAR). It discusses (1) how responsibility determinations relate to other mechanisms that the government relies upon to ensure that contractors are responsible and otherwise eligible for federal contracts; (2) the performance-related and collateral standards used in making responsibility determinations; (3) the procedures for making responsibility determinations; and (4) recently enacted or proposed amendments to the standards or procedures for responsibility determinations.
Health Care for Veterans: Answers to Frequently Asked Questions
This report provides responses to frequently asked questions about health care provided to veterans through the VHA.
Agricultural Disaster Assistance
This report briefly discusses the federal grand jury, which exists to investigate crimes against the United States and to secure the constitutional right of grand jury indictment.
The Obama Administration's November 20, 2014, Actions as to Immigration: Pending Legal Challenges One Year Later
This legal sidebar discusses the Obama Administration announcement regarding a number of actions to "fix" what the President has repeatedly described as a "broken" immigration system.
Length of Time from Nomination to Confirmation for U.S. Circuit and District Court Nominees: Overview and Policy Options to Shorten the Process
This report seeks to inform the current debate over the nomination and confirmation for U.S. circuit and district court nominees in three ways: first, by providing an overview of the time taken by the Senate during recent presidencies to confirm U.S. circuit and district court nominees; second, by identifying potential consequences of a protracted confirmation process for such nominees; and third, by identifying policy options the Senate might consider to shorten the length of time from nomination to confirmation for U.S. circuit and district court nominees.
False Patent Marking: Litigation and Legislation
This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future.
False Patent Marking: Litigation and Legislation
This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future.
Canadian Securities Administrators CSA Consultation Paper 91-406 Derivatives: OTC Central Counterparty Clearing
The report discusses the board committee, advisory committees, fees, CCP Rules, Committee recommendations, Protection of Assets etc.
Mandatory Arbitration and the Federal Arbitration Act
This report examines the Federal Arbitration Act (FAA) and reviews the Supreme Court's decisions involving the statute's preemption of state law requirements. The report also explores the Court's decisions involving mandatory arbitration agreements that prohibit a consumer or employee from maintaining a class or collective action. In its October 2017 term, the Supreme Court will consider three consolidated cases that challenge such agreements on the grounds that they violate the right to engage in "other concerted activities" under the National Labor Relations Act (NLRA).
Federal Conspiracy Law: A Brief Overview
This report is a brief discussion of the common features of federal conspiracy law that evolved over the years, with passing references to some of the distinctive features of some of the statutory provisions.
The Defense Production Act of 1950: History, Authorities, and Considerations for Congress
This report examines some of the extensive history of the Defense Production Act of 1950 (DPA), focusing primarily on its creation and most recent legislative reauthorization. This report also identifies relevant delegations of the President's DPA authorities made in Executive Order (E.O.) 13603 -- National Defense Resources Preparedness -- and provides a brief overview of issues Congress may consider in its oversight.
Federal Conspiracy Law: A Sketch
This is a brief discussion of the common features of federal conspiracy law that evolved over the years, with passing references to some of the distinctive features of some of the statutory provisions.
An Overview of the "Patent Trolls" Debate
This report reviews the current debate and controversy surrounding "patent assertion entities" (PAEs) and their effect on innovation, examines the reasons for the rise in PAE litigation, and explores the legislative options available to Congress if it decides that these are issues that should be addressed.
The National Directory of New Hires
This report details the National Directory of New Hires - including its background, how data is managed in the directory, and concerns regarding the directory.
Senate Rule XIV Procedure for Placing Measures Directly on the Senate Calendar
This report discusses the provisions use of Senate Rule XIV, which is used to bypass referral of a bill or joint resolution to a Senate committee, and have the measure placed directly on the Senate Calendar of Business.
Immigration Legislation and Issues in the 113th Congress
Report detailing issues and legislative concerns regarding immigration during the 113th Congress, with a focus on comprehensive reform.
Pay Equity Legislation
This report begins by showing the trend in the male-female wage gap and by examining the explanations that have been offered for its enduring presence. It next discusses the major laws directed at eliminating sex-based wage discrimination as well as relevant federal court cases. The report closes with a description of pay equity legislation that has been considered by Congress in recent years, including bills introduced in the 111th Congress.
Federalism Issues in Surface Transportation Policy: Past and Present
This report provides an historical perspective on contemporary federalism issues in surface transportation policy that are likely to be addressed by Congress during the 112th Congress, including possible devolution of programmatic responsibility to states and proposals to change state maintenance-of-effort requirements and state cost matching requirements.
Supreme Court Invalidates Public-Sector Union Agency Fees: Considerations for Congress in the Wake of Janus
This report discusses the Supreme Court case Janus v. American Federation of State, County, and Municipal Employees, Council 31 (AFSCME). In a 5-4 decision, the Court held that "agency fee" arrangements between a union and a government employer necessarily violate the First Amendment, overruling its 1977 decision in Abood v. Detroit Board of Education.
Airline Passenger Rights: The Federal Role in Aviation Consumer Protection
This report examines aviation consumer protections following the 1978 elimination of most governmental control regarding airline business practices. It explains the roles of Congress and the U.S. Department of Transportation (DOT) in protecting airline consumers, and discusses some major passenger rights issues and related laws and regulations.
Pay Equity: Legislative and Legal Developments
This report begins by presenting data on earnings for male and female workers and by discussing explanations that have been offered for the differences in earnings. It next discusses the major laws directed at eliminating sex-based wage discrimination as well as relevant federal court cases. The report closes with a description of pay equity legislation that has been considered or enacted by Congress in recent years.
Leaking Underground Storage Tanks (USTs): Prevention and Cleanup
This report addresses a nationwide water pollution problem caused by leaking underground storage tanks (USTs). The report discusses key issue that state resources have not met the demands of administering the underground storage tanks (UST) leak prevention program.
Workers' Compensation: Overview and Issues
This report discusses workers' compensation in the United States beginning with a brief history of its origins and its elements. Costs, federal oversight of state programs, and Texas and Oklahoma's noncompulsory workers' compensation programs are also discussed.
The Commercial Space Industry and Launch Market
The report discusses how the space industry is a subset of the U.S. aerospace industry and U.S. strength in aerospace has helped to provide U.S. strength in space. It also points out manufacturing for commercial space and employment in the U.S. Space Industry.
Sanctuary Jurisdictions and Criminal Aliens: In Brief
This report examines the interplay between the federal government (i.e., ICE) and state and local jurisdictions in enforcing immigration law, with a specific focus on noncitizens who have been convicted of a crime. It explores major programs and federal resources available to state and local law enforcement agencies that cooperate with ICE to enforce immigration law.
Mandatory Minimum Sentencing: Federal Aggravated Identity Theft
This report discusses sentencing for aggravated identity theft, which is punishable by a mandatory minimum sentence of imprisonment for two years, or by imprisonment for five years if it relates to a terrorism offense.
Transportation Security: Issues for the 114th Congress
This report discusses aviation security, transit and passenger security, port and maritime security.
Green Procurement: Overview and Issues for Congress
This report discusses about Green Procurement, Federal Green Purchasing Initiatives and Issues for congress. It also discusses about Market-Focused Programs and Agency-Focused Initiatives.
The World Drug Problem: UNGA Convenes for a Special Session
This report briefly discusses the United Nations General Assembly (UNGA), which has convened in New York for a special session on "The World Drug Problem." It is the third time the UNGA will convene such a session on global drug issues. Previous special sessions on drugs were held in 1990 and 1998.
Where Can Corporations Be Sued for Patent Infringement? Part 1
This report is part one of two and discusses patent venue jurisprudence, including the "TC Heartland" opinion, and the impact of the decision on the patent litigation system generally.
Where Can Corporations Be Sued for Patent Infringement? Part 2
This report is part two of two and discusses other implications of the "TC Heartland" decision, including two notable recent decisions in the Federal Circuit interpreting the decision, "In re Cray" and "In re Micron Technology, Inc.," as well as other potential issues raised by TC Heartland and options for Congress.
Iraqi and Afghan Special Immigrant Visa Programs
This report analyzes the special immigrant visas (SIVs) classifications for Iraqis and Afghans within the context of both the larger INA special immigrant category and selected other permanent admissions categories. It discusses the legislative changes to the individual Iraqi and Afghan special immigrant programs since their initial authorization, provides statistics on visa issuances, and considers challenges that have faced the programs.
State and Local Economic Sanctions: Constitutional Issues
This report discusses the Constitutionality and ongoing legal concerns of sanctions enacted by states and localities restricting their agencies from conducting economic transactions with firms that do business with or in foreign countries whose conduct the jurisdictions find objectionable.
Iran Nuclear Agreement and U.S. Exit
This report discusses the 2015 Iran nuclear deal and various options for possible U.S. withdrawal if President Trump decided to try to reimpose sanctions on Iran.
Animal Waste and Hazardous Substances: Current Laws and Legislative Issues
The report is categorized into four categories: (I) CERLA and EPCRA, (II) Enforcement Against AFO's, (III) Congressional Interest and (IV) Policy Issue.
CRS Issue Statement on Freedom of Speech
This report discusses about legislative goals for campaign finance reform. It further discusses about Political Speech, Mass Media and Communications and other issues.
FY2016 Agriculture and Related Agencies Appropriations: In Brief
This report discusses the Agriculture appropriations bill, which funds the U.S. Department of Agriculture (USDA), except for the Forest Service, as well as the Food and Drug Administration (FDA) and, in even-numbered fiscal years, the Commodity Futures Trading Commission (CFTC).
State and Local Restrictions on Employing, Renting Property to, or Providing Services for Unauthorized Aliens: Legal Issues and Recent Judicial Developments
This report discusses the constitutional issues raised by state and local laws intended to deter the presence of unauthorized aliens by limiting their access to housing, employment, and public benefits, as well as the implications that federal civil rights statutes might have for the implementation and enforcement of these laws. It also discusses recent federal court cases addressing the constitutionality of such measures.
Beginning and End of the Terms of United States Senators Chosen to Fill Senate Vacancies
Under the Constitution, the Rules of the Senate, statutory law, and consistent Senate practices, an individual elected to the United States Senate during a session of Congress to succeed an appointed Senator may begin his or her term of office upon receipt by the Senate of "credentials" in proper form from the state, and by taking the constitutionally required oath of office in open Senate session. The appointed Senator who is being succeeded remains in the office until the new "Senator-elect" is qualified (i.e. is sworn in and seated as a "Senator" by the Senate). This report details the formal and informal rules in such cases.
The Elder Justice Act: Background and Issues for Congress
This report provides a brief legislative history of the Elder Justice Act, summarizes elder justice provisions enacted as part of ACA, and administrative efforts related to implementation and funding.
Iran Sanctions. November 2012
This report analyzes U.S. and international sanctions against Iran and, in so doing, provides examples, based on a wide range of open source reporting, of companies and countries that conduct business with Iran.
Bond v. United States: Validity and Construction of the Federal Chemical Weapons Statute
The report discusses the court's decision in bond, majority opinion and concurrence. It also discusses Mrs. Bond's Constitutional Challenge and Mrs. Bond's Application Challenge.
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