Congressional Research Service Reports - 154 Matching Results

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Supreme Court October Term 2017: A Preview of Select Cases: This report highlights four of the notable cases of the new term that could impact the work of Congress: (1) Carpenter v. United States, which examines the limits the Fourth Amendment imposes on the warrantless collection of the historical cell phone location records of a criminal suspect; (2) Christie v. National Collegiate Athletic Association (NCAA), a case exploring whether Congress, by prohibiting a state from partially repealing a state law, impermissibly commandeers the powers of the state; (3) Gill v. Whitford, which considers when a state's redistricting plan amounts to impermissible partisan gerrymandering; and (4) Masterpiece Cakeshop v. Colorado Civil Rights Commission, which asks whether a baker has a First Amendment right to decline to make cakes for same-sex weddings. Each case is addressed in a separate section that provides background information on the case; summarizes the arguments that were or are likely to be presented to the Court in each case; and examines the implications that the Court's ruling could have for Congress, including broader ramifications for the jurisprudence in a given area of law.
Remedies for Patent Infringement: This report discusses the current legal system rules for patent infringement cases and current bills introduced in Congress related to patents.
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.
A Second Amendment Right to Sell Firearms? The Ninth Circuit, Sitting En Banc, Weighs In: This report discusses the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) decision in "Teixeira v. County of Alameda" which reversed the original court decision which held that Second Amendment rights applied to commercial firearm sellers. The course of the case and decision and implications of the ruling are also discussed.
Energy and Water Development: FY2018 Appropriations: This report discusses the Energy and Water Development appropriations bill that provides funding for civil works projects of the Army Corps of Engineers (Corps).
Treasury Proposes Rule that Could Deliver a 'Death Sentence" to Chinese Bank: This report discusses the Treasury Department's Financial Crimes Enforcement Network (FinCEN) proposal to invoke the "Fifth Special Measure" on the Chinese Bank of Dandong for its alleged role in funding and and processing transactions for North Korea's weapons programs.
The $50 Billion Threshold in the Dodd-Frank Act: Key Findings: This report provides an overview key findings from the newly issued CRS Report R45036, Bank Systemic Risk Regulation: The $50 Billion Threshold in the Dodd-Frank Act. It includes some background information and a list of bills that may also affect the legislation.
Broadband Data Privacy and Security: What's Net Neutrality Got to Do With It?: This report is the third in a series discussing the potential impact of the Federal Communications Commission's proposal to reclassify broadband Internet access services (BIAS). This report focuses on the proposal's possible effect on the regulation of BIAS providers' privacy practices.
FY2018 Appropriations for Department of Justice Grant Programs: This report discusses the funding for a variety of grant programs through the Department of Justice (DOJ).
Pending ACA Legal Challenges Remain as Congress Pursues Health Care Reform: This report discusses developments since January 2017 related to legal challenges to the Affordable Care Act (ACA) and health care reform.
Presidential Pardons: Frequently Asked Questions (FAQs): This report provides a general overview of the pardon power and briefly addresses a few frequently-asked legal questions concerning its scope and application, such as: whether the President can issue a "prospective pardon, pardon himself or issue "secret" pardons, whether the acceptance of a pardon is an admission of guilt, and whether Congress can regulate the President's pardon power.
Foreign Money and U.S. Elections: This report provides an overview of the prohibitions on foreign money under federal campaign finance law.
Insurance and the Financial CHOICE Act (H.R. 10): This report discusses changes to current insurance law under the new Financial CHOICE Act.
Domestic Terrorism: An Overview: This report provides background regarding domestic terrorists--detailing what constitutes the domestic terrorism threat as suggested by publicly available U.S. government sources. It also illustrates some of the key factors involved in assessing this threat.
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).
The Financial CHOICE Act in the 115th Congress: Selected Policy Issues: This report highlights major proposals included in the Financial CHOICE Act (FCA) but is not a comprehensive summary. In general, the bill proposes changes that can be divided into two categories: (1) changes to financial policies and regulations and (2) changes to the regulatory structure and rulemaking process. Major policy-related changes proposed by the FCA include the following: Leverage Ratio, Regulatory Relief, To Big To Fail, Funding, Rulemaking, Judicial Review, Enforcement, the Consumer Financial Protection Bureau (CFPB), and the Federal Reserve.
Banking Policy Issues in the 115th Congress: This report provides a broad overview of selected banking-related issues, including prudential regulation, consumer protection, "too big to fail" (TBTF) banks, community banking, regulatory agency structures and independence, and recent market and economic trends. It is not an exhaustive look at all bank policy issues, nor is it a detailed examination of any one issue. Rather, it provides concise background and analyses of certain prominent issues that have been the subject of recent discussion and debate. In addition, this report provides a list of Congressional Research Service reports that examine specific bills, including the Financial CHOICE Act (H.R. 10) and bills proposing to provide regulatory relief for banks.
In Any Way, Shape, or Form? What Qualifies as "Any Court" Under the Gun Control Act?: This report discusses the requirements under the Gun Control Act of 1968 that prohibit persons convicted of felony crimes and misdemeanor domestic violence from buying or possessing firearms and what courts are covered under the phrase "any court' in the legislation.
Privatization and the Constitution: Selected Legal Issues: This report focuses on the constitutional principles and judicial decisions that may constrain certain types of privatization that involve private and government-created entities.
Statute of Limitation in Federal Criminal Cases: An Overview: This report describes the rules governing statutes of limitation for federal crimes and provides a list of federal statutes of limitation in criminal cases with a rough chart of comparable state provisions.
Legislative Proposals Seek Statutory Protections Related to Removing a Special Counsel: This report discusses the current rules for special counsels investigating executive branch officials and new proposed laws regarding special counsels and the process required to remove one from their position.
Update: The Microsoft Ireland Decision: U.S. Appeals Court Rules that ECPA does not Require Internet Service Providers to Produce Electronic Communications Stored Overseas: This report discusses the decision of the U.S. Court of Appeals for the Second Circuit in the case of "Microsoft Corporation v. United States" where the court ruled that the U.S. could not enforce a subpoena asking Microsoft to retrieve emails stored on a server in Ireland. On June 28, 2017 the United States filed for reversal of the decision through a writ of certiorari in the Supreme Court.
The Law and Leaks to the Press: This report discusses laws that govern the legality or possible repercussions of leaking government information of various types to the press.
The Fifth Amendment in Congressional Investigations: This report discusses the use and rules regarding invoking Fifth Amendments rights during Congressional investigations in the wake of the use of the Fifth Amendment by former national security adviser Michael Flynn during Congressional investigations.
For First Time, FinCEN Imposes Penalty on Foreign-Based Virtual Currency Exchange for Violations of Anti-Money Laundering Laws: This report discusses the first case of enforcement by the U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN) against a foreign-based virtual currency exchange. The action was taken agains BTC-e for violations of anti-money laundering regulations in the U.S. and potential money laundering activities.
Pre-Merger Review and Challenges Under the Clayton Act and the Federal Trade Commission: This report examines the primary statutes and processes that govern federal pre-merger review and merger challenges to prevent monopolies from forming.
"Chevron" Deference: A Primer: This report discusses the Chevron decision (which set up the current process for judicial review of regulatory agencies), explains the circumstances in which the Chevron doctrine applies, explores how courts apply the two steps of Chevron, and highlights some criticisms of the doctrine, with an eye towards the potential future of Chevron deference.
Immigration Officer's Authority to Apprehend and Remove Aliens: Questions and Answers in Brief: This report provides brief answers to some of the questions regarding immigration agents' authority to apprehend and remove aliens; these questions were raised by reports that U.S. Immigration and Customs Enforcement (ICE) agents conducted enforcement actions in at least six states during the week of February 6, 2017.
EPA Proposes to Repeal the Clean Power Plan: This report discuses the EPA proposal in October 2017 to repeal the "Clean Power Plan" due to their determination after review of the rule that it exceeded their statutory authority to implement it. Steps in the process of repealing the rule, the outcome of the current court case regarding the rule, and possible replacement rules regarding Carbon dioxide emissions and power plants.
Alien Registration Requirements: Obama Administration Removes Certain Regulations, but Underlying Statutory Authority Remains: This report briefly surveys the legal authorities that underlay the implementation of the National Security Entry-Exit Registration System (NSEERS), as well as the authorities that remain available to the Executive notwithstanding the recent rule change by President Obama on December 23, 2016 which removed the regulations for the system.
What Can the New President Do About the Effective Dates of Pending Regulations?: This report discusses legal questions and relevant cases related to a new presidents power to freeze implementation of pending regulation temporarily while it is reviewed by the new administration for compatibility with his policy goals.
Executive Authority to Exclude Aliens: In Brief: This report provides a brief overview of the Executive's authority under these provisions of Section 212(f) in the Immigration and Nationality Act (INA). It also briefly describes other provisions.
Selected Federal Water Activities: Agencies, Authorities, and Congressional Committees: The report focuses on the complexity of federal activities related to water, based on four general topics: (1) "Water Resources Development, Management, and Use"; (2) "Water Quality, Protection, and Restoration"; (3) "Water Rights and Allocation"; and (4) "Research and Planning." It aims to serve as a guide to federal water-related activities, including the administering agency (or agencies), the primary or overarching authorities for such activities, and House and Senate committee jurisdictions.
Sanctuary Jurisdictions and Criminal Aliens: In Brief: This report examines the interplay between the federal government (i.e., Immigration and Customs Enforcement/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.
What is the Proposed U.S.-EU Insurance Covered Agreement?: This report discusses the United States and European Union (EU) negotiations on the first insurance covered agreement.
Constitutional Authority Statements and the Powers of Congress: An Overview: This report provides an overview of Congress's powers under the Constitution and their role in interpreting the nation's founding document. It examines House Rule XII, clause 7(c), discussing the results of a recent study conducted by CRS of Constitutional Authority Statement (CAS) that were submitted during the last six months of the 114th Congress, and concludes by discussing trends with regard to the House's recent CAS practices and by providing considerations for congressional personnel drafting CASs.
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.
Tailoring Bank Regulations: Differences in Bank Size, Activities, and Capital Levels: This report discusses various types of banks and legislative proposals regarding how to tailor regulations to banks of different sizes.
The Application of the "One Central Reason: Standard in Asylum and Withholding of Removal Cases: This report discusses asylum and withholding of removal immigration cases, and the application of the "one central reason" rule which dictates that asylum claimants demonstrate that an approved persecution grounds is one of the central reason they are claiming asylum. The same standard has been used in withholding of removal claim cases but a recent ruling by the U.S. Ninth Circuit Court stated that the "one central reason" rule does not apply to withholding of removal cases creating a split in opinion among courts.
Financial Regulation: Fiscal Year 2018 Appropriations and the Financial CHOICE Act (H.R. 10): This report discusses the Financial CHOICE Act (H.R. 10) and the FY 2018 Financial Services and General Government (FSGG) Appropriations Bill (H.R. 3354, Division D). The Senate Appropriations Committee released an FY2018 FSGG chairmen's mark on November 20, 2017, but further action has yet to occur on the bill. Much of the federal government, including agencies covered by FSGG appropriations, has been operating for the first part of FY2018 under a continuing resolution effective through December 8, 2017.
Changes to "Too Big to Fail" Treasury Recommends Revisions to Dodd-Frank SIFI Designation Process for Non-Banks (Part 1): First part of a report discussing the Treasury Department's recent report recommending revisions to the Financial Stability Oversight Council's (FSOC's) process for designating non-bank financial institutions as "systematically important financial institutions (SIFI's) also known as "Too Big to Fail" institutions. This part provides general background on the SIFI designation process
Changes to "Too Big to Fail" Treasury Recommends Revisions to Dodd-Frank SIFI Designation Process for Non-Banks (Part 2): Second part of a report discussing the Treasury Department's recent report recommending revisions to the Financial Stability Oversight Council's (FSOC's) process for designating non-bank financial institutions as "systematically important financial institutions (SIFI's) also known as "Too Big to Fail" institutions. This part discusses the legal debate over the designation process, the Treasury Department's recommended changes for the process, and how those changes may affect the Senate's consideration of the Financial CHOICE Act of 2017 (which would repeal FSOC's authority to designate non-banks as SIFIs altogether).
Supreme Court Reiterates Congress's Exclusive Role in Regulating Lower Federal Court Jurisdiction: This report discusses the Supreme Court's decision in "Hamer v. Neighborhood Housing Service of Chicago" which affirmed that only the legislative branch may make rules governing the inferior federal courts' subject-matter jurisdiction.
Money Laundering: An Overview of 18 U.S.C. §1956 and Related Federal Criminal Law: This report provides an overview of the elements of federal criminal money laundering statutes and the sanctions imposed for their violation. It includes an extensive overview and analysis of elements as well as legal attributes and consequences of violating various federal criminal statues related to money laundering, most specifically 18 U.S.C. § 1956, 1957, and 1952. The end of the report provides text of the statutes discussed, citations of state money laundering and money transmission statutes, and a list federal predicate offenses with their accompanying maximum terms of imprisonment.
Energy and Water Development: FY2017 Appropriations for Nuclear Weapons Activities: This report discusses the annual Energy and Water Development appropriations bill that funds civil works projects of the Army Corps of Engineers, the Department of the Interior's Bureau of Reclamation, the Department of Energy (DOE), and several independent agencies.
Who Regulates Whom? An Overview of the U.S. Financial Regulatory Framework: This report attempts to set out the basic frameworks and principles underlying U.S. financial regulation and to give some historical context for the development of that system. The first section briefly discusses the various modes of financial regulation and the next section identifies the major federal regulators and the types of institutions they supervise (see Table 1). It then provides a brief overview of each federal financial regulatory agency. Finally, the report discusses other entities that play a role in financial regulation--interagency bodies, state regulators, and international standards.
Department of Labor's 2016 Fiduciary Rule: Background and Issues: This report discusses fiduciary standard with respect to his or her advice, an individual had to, which include: (1) make recommendations on investing in, purchasing, or selling securities or other property, or give advice as to the value (2) on a regular basis (3) pursuant to a mutual understanding that the advice (4) will serve as a primary basis for investment decisions, and (5) will be individualized to the particular needs of the plan regarding such matters as, among other things, investment policies or strategy, overall portfolio composition, or diversification of plan investments.
No "Bivens" for You?: This report discusses the Supreme Court's ruling in "Ziglar v. Abbassi" and the "Bivens" remedy that the plaintiffs were attempting to use to win their case. The "Bivens" remedy is a legal precedent that came from a 1971 case where the plaintiff Bivens sued federal agents with the Federal Bureau of Narcotics for violations of the fourth amendment due to them handcuffing him inside his own home without a warrant. It has been used two other times for suits against federal officials related to breaches of constitutional rights, one related to gender bias and equality and the other for lack of medical care in prison.
Patentable Subject Matter Reform: This report reviews the current law governing patentable subject matter and recent proposals for legislative reform. It begins by providing a basic overview of the patent system and introducing the principles of patentable subject matter. It then considers the leading Supreme Court decisions construing section 101 of the Patent Act. The report then considers the implications of these decisions within the information technology and life sciences industries. The report closes with a review of legislative reform options.
Defining Broadband: Minimum Threshold Speeds and Broadband Policy: This report discusses the definition of broadband, minimum threshold speeds for broadband service, and related policy.

Congressional Research Service Reports - 154 Matching Results

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