Congressional Research Service Reports - 1,211 Matching Results

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The Good Cause Exception to Notice and Comment Rulemaking: Judicial Review of Agency Action
This report will examine judicial analysis of the good cause standard and map several factors that lead courts to uphold or reject agencies' invocation of the exception. Federal agencies issue numerous rules pursuant to congressionally delegated authority. The Administrative Procedure Act's (APA's) "good cause" exception, however, permits agencies to forgo Section 553's notice and comment requirement if "the agency for good cause finds" that compliance would be "impracticable, unnecessary, or contrary to the public interest" and to bypass its requirement that rules be published 30 days before implementation if good cause exists.
Body Armor for Law Enforcement Officers: In Brief
This report contains an overview of the Bulletproof Vest Partnership Initiative (BPV program). It also provides a discussion of data on law enforcement agencies that require their officers to wear armor vests while on duty, research on why officers may choose to wear armor vests, research on the life cycle for armor vests, data on the use of body armor by law enforcement officers who were killed with a firearm, and research on the effectiveness of armor vests.
"Sense of" Resolutions and Provisions
This report discusses specific kinds of resolutions by which Congress may formally express opinions about subjects of current national interest through freestanding simple or concurrent resolutions (called generically "sense of the House," "sense of the Senate," or "sense of the Congress" resolutions). These opinions expressing the views of one or both chambers may be included in other legislation upon introduction or subsequently added by amendment. This report identifies the various forms these expressions may take and the procedures governing such actions.
Multilateral Development Banks: U.S. Contributions FY1998-FY2009
This report shows in tabular form how much the Administration requested and how much Congress appropriated during the past 11 years for U.S. payments to the multilateral development banks (MDBs). It also provides a brief description of the MDBs and the ways they fund their operations.
Federal Capital Offenses: An Overview of Substantive and Procedural Law
Murder, committed under any of more than 50 jurisdictional circumstances, is a federal capital offense. So are treason, espionage, and certain drug kingpin offenses. The Federal Death Penalty Act and related provisions establish the procedure that must be followed before a defendant convicted of a federal capital offense may be executed. This report is an overview of the law in the area.
The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress
This report offers perspectives for Congress on the Article V Convention, opening with an overview of the provisions in Article V that established the convention procedure. The report further examines its origins at the Constitutional Convention of 1787; the history of the convention alternative, focusing on three major 20th century campaigns to convene a constitutional convention; and the role of the states in the Article V Convention process.
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.
Recent State Election Law Challenges: In Brief
This report begins by setting forth key constitutional provisions relevant to recent state election law challenges. Next, it discusses federal statutory provisions contained in the Voting Rights Act and the National Voter Registration Act and briefly examines pertinent Supreme Court precedent. Then, based on that legal framework, it provides an overview of several recent challenges to state election laws in Michigan, North Carolina, Ohio, and Texas that resulted in major decisions by the various federal courts of appeals as illustrative examples of the types of challenges that have been playing out in the courts. Finally, the report discusses some potential implications of these challenges.
Immigration Legislation and Issues in the 114th Congress
This report discusses border security, interior enforcement, visa security, asylum, and other immigration-related issues that have received legislative action or are of significant congressional interest in the 114th Congress.
State Challenges to Federal Enforcement of Immigration Law: From the Mid-1990s to the Present
This report provides an overview of challenges by states to federal officials' alleged failure to enforce provisions of immigration law. It begins by discussing (1) the lawsuits filed by six states in the mid-1990s; (2) Arizona's counterclaims to the federal government's suit to enjoin enforcement of S.B. 1070; and (3) Mississippi's challenge to the Deferred Action for Childhood Arrivals (DACA) initiative. It then describes the challenge brought by over 25 states or state officials in December 2014 to the Obama Administration's proposal to expand DACA and create a similar program for unauthorized aliens whose children are U.S. citizens or lawful permanent resident aliens (LPRs) (commonly known as DAPA).
An Abridged Sketch of Extradition To and From the United States
This report discusses "extradition", which is the formal surrender of a person by a State to another State for prosecution or punishment.
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.
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.
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.
An Overview of Judicial Review of Immigration Matters
This report will summarize judicial review for immigration matters, including visa denials and revocations; removal orders and detention; naturalization delays, denials, and revocations; expatriation; and legalization denials. Administrative adjudications such as removal proceedings or determination of immigration benefits such as naturalization are beyond the scope of this report.
Comprehensive Immigration Reform in the 113th Congress: Short Summary of Senate- Passed S. 744
Report that summarizes major immigration reform provisions of S. 744, as passed by the Senate.
U.S. Family-Based Immigration Policy
Report that provides background information and discussion related to immigration issues.
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.
State Considers Amendment to Protect Human Life at Any Stage of Development
This legal sidebar discusses a proposal in North Dakota that would amend the state constitution to address the right to life. If adopted, the North Dakota constitution would state: "The inalienable right to life of every human being at any stage of development must be recognized and protected."
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.
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.
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.
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.
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.
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.
Protecting Consumers and Businesses from Fraudulent Robocalls
This report discusses efforts by Congress and the Federal Communications Commision (FCC) to combat robocall scams and prevent them from reaching consumers. It includes an overview of what robocallls are, their legitimate uses, regulation, and complaint procedures for consumers.
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.
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.
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.
Immigration Legislation and Issues in the 111th Congress
This report synthesizes the multi-tiered debate over immigration reform into key elements: legal immigration; legalization; immigration control; refugees, asylees, and humanitarian migrants; and alien rights, benefits, and responsibilities. It delineates the issues for the 111th Congress on permanent residence, temporary admissions, border security, worksite enforcement, employment eligibility verification, document fraud, criminal aliens, and the grounds for inadmissibility.
Statutes of Limitation in Federal Criminal Cases: An Overview
This report discusses federal statutes of limitations on crimes with a list of circumstances that can suspend those limits. A list of federal statutes of limitation in criminal cases and a rough chart of comparable state provisions are provided in this report.
Congress's Contempt Power and the Enforcement of Congressional Subpoenas: A Sketch
This report examines the source of Congress's contempt power, analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas, and discusses the obstacles that face Congress in enforcing a contempt action against an executive branch official.
Advertising by the Federal Government: An Overview
This report discusses government advertising that can be controversial if it conflicts with citizens' views about the proper role of government.
Many Aspects of the Affordable Care Act Would Not Be Affected by King v. Burwell
This report briefly discusses the possible effects of the King v. Burwell case on the Affordable Care Act (ACA) law. The case examines whether or not the ACA allows the IRS to make premium tax credits available to residents of states that decline to establish health insurance exchanges.
Body Armor for Law Enforcement Officers: In Brief
This report contains an overview of the Matching Grant Program for Law Enforcement Armor Vests (BPV program). It also provides a discussion of data on law enforcement agencies that require their officers to wear armor vests while on duty, research on why officers may choose to wear armor vests, research on the life cycle for armor vests, data on the use of body armor by law enforcement officers who were killed with a firearm, and research on the effectiveness of armor vests.
Pandemic Flu and Medical Biodefense Countermeasure Liability Limitation
This report analyzes Division C of the Department of Defense Emergency Supplemental Appropriations, P.L. 109-148, which was signed into law on December 30, 2005, and which limits liability with respect to pandemic flu and other public health countermeasures.
Terminating Contracts for the Government's Convenience: Answers to Frequently Asked Questions
This report provides answers to 12 questions regarding termination for convenience -- the exercise of the government's right to bring to an end the performance of all or part of the work provided for under a contract prior to the expiration of the contract "when it is in the Government's interest" to do so -- frequently asked by congressional committees and staff. These questions and their answers address everything from the contractual and other bases for the government's right to terminate to posttermination settlements between the government and the contractor. They also address differences between termination for convenience and termination for default, cancellation, and certain other actions that the government may take (e.g., "de-scoping" pursuant to a Changes clause).
Multilateral Development Banks: U.S. Contributions FY2000-FY2015
This report shows in tabular form how much the Administration requested and how much Congress appropriated for U.S. payments to the multilateral development banks (MDBs) since 2000. It also provides a brief description of the MDBs and the ways they fund their operations.
Immigration Legislation and Issues in the 111th Congress
The 111th Congress has considered various immigration issues and has enacted a number of targeted immigration provisions. It has passed legislation to extend the life of several immigration programs--the E-Verify electronic employment eligibility verification system, the Immigrant Investor Regional Center Program, the Conrad State J-1 Waiver Program, and the special immigrant visa for religious workers--all of which are currently authorized until September 30, 2012. Among the other subjects of legislation enacted by this Congress are refugees and border security. This report discusses these and other immigration-related issues that have seen legislative action or are of significant congressional interest.
Executive Discretion as to Immigration: Legal Overview
This report provides an overview of the three broad types of discretion that the Executive can be seen to have as to immigration: (1) express delegations of discretionary authority; (2) discretion in enforcement (commonly known as prosecutorial or enforcement discretion); and (3) discretion in interpreting and applying statutes.
U.S. Family-Based Immigration Policy
This report provides an examination of family-based immigration policy. In doing so, it outlines a brief history of U.S. family-based immigration policies, discusses current law governing admissions, and summarizes recommendations made by previous congressionally mandated committees charged with evaluating immigration policy. It then presents descriptive figures on legal immigrants entering the United States during the past decade and discusses the sizable queue of approved immigrant petitioners waiting for an immigrant visa. It closes by discussing selected policy issues.
Piracy: A Legal Definition
This report first examines the historical development of the offense of piracy, as defined by Congress and codified in the United States Code. The focus then turns to how contemporary international agreements define piracy. Finally, the report highlights developments in two trials involving charges of piracy in the federal district court in Norfolk, VA, United States v. Said and United States v. Hasan, specifically focusing on how the courts interpreted the definition of piracy under 18 U.S.C. ยง 1651.
Immigration Legislation and Issues in the 113th Congress
Immigration reform was an active legislative issue in the first session of the 113th Congress. The Senate passed the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744), a comprehensive immigration reform bill that includes provisions on border security, interior enforcement, employment eligibility verification and worksite enforcement, legalization of unauthorized aliens, immigrant visas, nonimmigrant visas, and humanitarian admissions. For its part, the House took a different approach to immigration reform. Rather than considering a single comprehensive bill, the House acted on a set of immigration bills that address border security, interior enforcement, employment eligibility verification and worksite enforcement, and nonimmigrant and immigrant visas. House committees reported or ordered to be reported the following immigration bills: Border Security Results Act of 2013 (H.R. 1417); Strengthen and Fortify Enforcement (SAFE) Act (H.R. 2278); Legal Workforce Act (H.R. 1772); Agricultural Guestworker (AG) Act (H.R. 1773); and Supplying Knowledge-based Immigrants and Lifting Levels of STEM Visas (SKILLS Visa) Act (H.R. 2131). This report discusses these and other immigration-related issues that received legislative action or have been of significant congressional interest in the 113th Congress.
Federal Agency Actions Following the Supreme Court's Climate Change Decision: A Chronology
This report presents a chronology of major federal agency actions taken in the wake of Massachusetts v. EPA. In Massachusetts v. EPA, the Court held that greenhouse gases (GHGs), widely viewed as contributing to climate change, constitute "air pollutants" as that phrase is used in the Clean Air Act (CAA). As a result, said the Court, the U.S. Environmental Protection Agency (EPA) had improperly denied a petition seeking CAA regulation of GHGs from new motor vehicles by saying the agency lacked authority over such emissions.
Insurance Regulation: Background, Overview, and Legislation in the 114th Congress
This report discusses insurance regulatory issues addressed by legislation in the 114th Congress including the degree of the authority of the Federal Reserve and the Federal Deposit Insurance Corporation (FDIC) over insurers (H.R. 1478/S. 798), international insurance standards (S. 1086 and H.R. 2141), and the licensing of insurance agents and brokers (H.R. 26/P.L. 114-1).
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.