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Federal Statutes: What They Are and Where to Find Them
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Federal Statutes: What They Are and Where to Find Them
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Federal Statutes: What They Are and Where to Find Them
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Federal Statutes: What They Are and Where to Find Them
After providing an overview on the basics of federal statutes, this report gives guidance on where federal statutes, in their various forms, may be located in print and on the Internet.
Limiting Court Jurisdiction Over Federal Constitutional Issues: “Court-Stripping”
This report discusses various proposals that have been made to limit the jurisdiction of federal courts to hear cases regarding particular areas of constitutional law such as busing, abortion, prayer in school, and most recently, reciting the Pledge of Allegiance. Proposals of this type are often referred to as “court-stripping” legislation.
“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).
Federal Statutes: What They Are and Where to Find Them
This report provides a brief overview of federal statutes and where to find them, both in print and on the Internet.
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.
Venue: A Brief Look at Federal Law Governing Where a Federal Crime May Be Tried
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Venue: A Legal Analysis of Where a Federal Crime May Be Tried
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Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis
Administrative subpoena 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. As a constitutional matter, the Fourth Amendment only demands that administrative subpoenas be "reasonable." Although more extensive proposals were offered in the 108th Congress, the law enforcement related administrative subpoena proposals in the 109th Congress appear in S. 600, relating to the Secretary of State’s responsibilities to protect U.S. foreign missions and foreign dignitaries visiting this country; in H.R. 3726, relating to federal obscenity investigations; and in H.R. 4170, relating to the apprehension of fugitives charged with, or convicted of, federal or state felonies. This report is available abridged – without footnotes, appendices, and most of the citations to authority – as CRS Report RS22407, Administrative Subpoenas in Criminal Investigations: A Sketch, by Charles Doyle.
Administrative Subpoenas in Criminal Investigations: A Sketch
Administrative subpoena 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. Proposals in the 109th Congress for greater use of administrative subpoenas in a law enforcement context appear in S. 600, relating to the Secretary of State’s responsibilities to protect U.S. foreign missions and foreign dignitaries visiting this country; in H.R. 3726, relating to federal obscenity investigations; and in H.R. 4170, relating to the apprehension of fugitives charged with, or convicted of, federal or state felonies. This is an abridged version — without footnotes, appendices, quotation marks and most citations to authority — of CRS Report RL33321, Administrative Subpoenas in Criminal Investigations: Background and Proposed Adjustments, by Charles Doyle.
S. 852: The Fairness in Asbestos Injury Resolution Act of 2005
This report provides an overview of S. 852, the Fairness in Asbestos Injury Resolution (FAIR) Act of 2005. The bill would establish the Office of Asbestos Disease Compensation to award damages to asbestos claimants from the Asbestos Injury Claims Resolution Fund.
Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Merger and Antitrust Issues in Agriculture: Statutes and Agencies
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Merger and Antitrust Issues in Agriculture: Statutes and Agencies
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Monopoly and Monopolization - Fundamental But Separate Concepts in U.S. Antitrust Law
This report illustrates the difference between the concepts of “monopoly” and “monopolization” by touching on the monopoly/monopolization thinking in the Antitrust Division of the Department of Justice (DoJ) and the Federal Trade Commission (FTC), as illustrated in (1) statements on merger enforcement made by recent antitrust enforcement officials (generally indicative of the agencies’ concerns about competitive conditions and the effect of various market transactions), (2) the 1992 Horizontal Merger Guidelines 2 and (3) some observations on the Government actions against the Microsoft and Intel Corporations.
Merger and Antitrust Issues in Agriculture
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Merger and Antitrust Issues in Agriculture: Statutes and Agencies
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Judicial Salary-Setting Policy
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Judicial Salary-Setting Policy
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Judicial Salary-Setting Policy
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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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.
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.
Monopoly and Monopolization - Fundamental But Separate Concepts in U.S. Antitrust Law
This report illustrates the difference between the concepts of “monopoly” and “monopolization” by touching on the monopoly/monopolization thinking in the Antitrust Division of the Department of Justice (DoJ) and the Federal Trade Commission (FTC), as illustrated in (1) statements on merger enforcement made by recent antitrust enforcement officials (generally indicative of the agencies’ concerns about competitive conditions and the effect of various market transactions), (2) the 1992 Horizontal Merger Guidelines 2 and (3) some observations on the Government actions against the Microsoft and Intel Corporations.
Proposals in the 109th Congress to Split the Ninth Circuit Court of Appeals
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Abortion: Judicial Control
In 1973 the U.S. Supreme Court held that the Constitution protects a woman's decision whether or not to terminate her pregnancy, Roe v. Wade, 410 U.S. 113, and that a State may not unduly burden the exercise of that fundamental right by regulations that prohibit or substantially limit access to the means of effectuating that decision, Doe v. Bolton, 410 U.S. 179. But rather than settling the issue, the Court's rulings have kindled heated debate and precipitated a variety of governmental actions at the national, State and local levels designed either to nullify the rulings or hinder their effectuation. This brief discusses this ongoing issue, highlighting judicial history and decisions.
International Law and Agreements: Their Effect upon U.S. Law
This report provides an introduction to the roles that international law and agreements play in the United States. This includes the role of different branches of government play in navigating such laws.
International Law and Agreements: Their Effect upon U.S. Law
This report provides an introduction to the roles that international law and agreements play in the United States. The report discusses forms of international agreements and the effects of international agreements on U.S. law.
International Law and Agreements: Their Effect Upon U.S. Law
This report provides an introduction to the roles that international law and agreements play in the United States. International law is derived from two primary sources — international agreements and customary practice.
The Doctrine of Constitutional Avoidance: A Legal Overview
This report discusses select issues regarding judicial review, and offers some contemporary views on the Ashwander Doctrine, under which the Supreme Court avoids ruling decisively in cases that it deems able to be resolved outside of the court, non-constitutionally (Constitutional Avoidance).
Obstruction of Justice: An Abridged Overview of Related Federal Criminal Laws
This report briefly discusses obstruction of justice, which is defined as the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. This is an abridged version of CRS Report RL34304, Obstruction of Justice: An Overview of Some of the Federal Statutes That Prohibit Interference with Judicial, Executive, or Legislative Activities, by Charles Doyle, without the footnotes, quotations, or citations to authority found in the longer report.
International Law and Agreements: Their Effect Upon U.S. Law
This report provides an introduction to the roles that international law and agreements play in the United States. International law is derived from two primary sources--international agreements and customary practice. Under the U.S. legal system, international agreements can be entered into by means of a treaty or an executive agreement. The Constitution allocates primary responsibility for entering into such agreements to the executive branch, but Congress also plays an essential role.
Electricity Restructuring and the Constitutionality of Retail Reciprocity Requirements
Retail reciprocity requirements have been included in the electricity restructuring legislation of at least four states. These requirements mandate generally that out-of-state utilities which operate in a state “closed” to retail competition cannot market power to retail consumers in the “open” state. Because state reciprocity requirements enacted without congressional authorization are probably unconstitutional under the Commerce Clause of the U.S. Constitution, Congress would have to include a reciprocity provision in federal electricity restructuring legislation if it wants to support the view that such a provision will increase competition. This report reviews the treatment of state reciprocity requirements by the U.S. Supreme Court and discusses Congress’ power under the Commerce Clause.
"Digital Rights" and Fair Use in Copyright Law
This report examines judicial case law which has considered the doctrine of fair use in relation to the First Amendment, the Digital Millennium Copyright Act, and as a means of protecting private, noncommercial use of digital music and film by consumers. It concludes that when the potential to infringe is great, as it almost always will be in a digital environment, the courts have not been willing to expand fair use to encompass subsidiary uses such as time shifting, space shifting, or personal noncommercial use.
Constitutionality of Requiring Sexually Explicit Material on the Internet to be Under a Separate Domain Name
It is unclear whether making a “.xxx” domain mandatory would violate the First Amendment. Some propose making use of a “.xxx” domain voluntary, but others propose that Congress make it mandatory. The latter proposal raises the question whether a mandatory separate domain would violate the First Amendment, and this report focuses on that question.
Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure
This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. The report also includes a detailed discussion of two recent information-access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally-based limitations on the contempt power.
Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure
This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. It also includes a detailed discussion of two recent information access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally-based limitations on the contempt power.
Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure
This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. It also includes a detailed discussion of two recent information access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally-based limitations on the contempt power.
Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure
This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. In addition, the report discusses both non-constitutional and constitutionally based limitations on the power. Finally, the report includes a discussion of the significance of the House Judiciary Committee dispute with the White House over the dismissal of several U.S. Attorneys that resulted in votes for criminal contempt of Congress and the United States District Court opinion in Committee on the Judiciary v. Miers.
Prosecutorial Discretion in Immigration Enforcement: Legal Issues
This report begins by discussing the sources of federal power to regulate immigration and, particularly, the allocation of power between Congress and the President in this area. It next addresses the constitutional and other foundations for the doctrine of prosecutorial discretion, as well as the potential ways in which prosecutorial discretion may be exercised in the immigration context. It concludes by addressing potential constitutional, statutory, and administrative constraints upon the exercise of prosecutorial discretion.
The U.N. Law of the Sea Convention and the United States: Developments Since October 2003
On October 31, 2007, the Senate Foreign Relations Committee voted to recommend Senate advice and consent to U.S. adherence to the 1982 U.N. Convention on the Law of the Sea and the 1994 Agreement Relating to Implementation of Part XI of that Convention. This followed the statement by President Bush on May 15, 2007, urging “the Senate to act favorably on U.S. accession” to the Convention. CRS Issue Brief IB95010, The Law of the Sea Convention and U.S. Policy, serves as a basic CRS source for discussion of issues related to the United States and the Convention and Agreement, whereas this report focuses on events and issues that emerged since October 2003. It summarizes the committee’s proposed resolution of advice and consent in 2004 and presents some of the issues raised in support of and in opposition to U.S. adherence.
Energy and Water Development: FY2014 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), for the Department of the Interior's Bureau of Reclamation (Reclamation), the Department of Energy (DOE), and several independent agencies.
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.
Money Laundering: An Abridged Overview of 18 U.S.C. 1956 and Related Federal Criminal Law
Money laundering is a federal crime, commonly understood as the process of cleansing the taint from the proceeds of crime. This report describes in detail the various aspects of money laundering in regards to federal criminal law.