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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: 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.
The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology
Congressional interest in facilitating U.S. technological innovation led to the passage of P.L. 96-517, Amendments to the Patent and Trademark Act, commonly referred to as the "Bayh-Dole Act" after its two main sponsors former Senators Robert Dole and Birch Bayh. Under this 1980 law, as amended, title to inventions made with government support is provided to the contractor if that contractor is a small business, a university, or other non-profit institution. This report discusses the rationale behind the passage of P.L. 96-517, its provisions, and implementation 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.
Litigation Seeking to Establish Climate Change Impacts as a Common Law Nuisance
This report discusses recent legislative initiatives seeking to establish climate change impacts as a common law nuisance. The report explains what private and public nuisances are, the issues faced by policymakers when litigating a climate-change/nuisance suit, and also discusses five climate-chance/nuisance suits that are now or formerly active, as a basis of comparison. The report also explores arguments of those both for and against addressing the complex issue of climate change through common law suits.
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.
Obstruction of Justice: An Overview of Some of the Federal Statutes That Prohibit Interference with Judicial, Executive, or Legislative Activities
Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime. In fact, federal obstruction of justice laws are legion; too many for even passing reference to all of them in a single report. This is a brief description of the some of the more prominent.
Congressional Lawmaking: A Perspective On Secrecy and Transparency
The objectives of this report are four-fold: first, to outline briefly the historical and inherent tension between secrecy and transparency in the congressional process; second, to review several common and recurring secrecy/transparency issues that emerged again with the 2011 formation of the Joint Select Deficit Reduction Committee; third, to identify various lawmaking stages typically imbued with closed door activities; and fourth, to close with several summary observations.
Obstruction of Congress: An Abridged Overview of Federal Criminal Laws Relating to Interference with Congressional Activities
This report briefly discusses obstruction of justice, specifically regarding Congressional activities. Obstruction of justice 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 Congress: A Brief Overview of Federal Law Relating to Interference with Congressional Activities, by Charles Doyle, without the footnotes, quotations, or citations to authority found in the longer report.
Obstruction of Congress: A Brief Overview of Federal Law Relating to Interference with Congressional Activities
Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime. In fact, federal obstruction of justice laws are legion; too many for even passing reference to all of them in a single report. This is a brief description of those that outlaw interference with congressional activities.
Perjury Under Federal Law: A Brief Overview
This report describes perjury under federal law, including a definition as well as in-depth explorations of the three general federal perjury laws. This report is available in abbreviated form - without footnotes, quotations, or citations - as CRS Report 98-807, Perjury Under Federal Law: A Sketch of the Elements.
Perjury Under Federal Law: A Sketch of the Elements
This report discusses the three general federal perjury laws. This report is an abbreviated version of CRS Report 98-808, Perjury Under Federal Law: A Brief Overview, by Charles Doyle, stripped of most footnotes, quotations, citations, and bibliography.
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.
Internet Domain Names: Background and Policy Issues
This report provides the background and policy issues of Internet Domain Names.
Accountable Care Organizations and the Medicare Shared Savings Program
This report describes the problem of fragmented health care in the United States. The issues the report pinpoints are that it is more costly and of lower quality. The report addresses these issues by summarizing the integrated care delivery model in Medicare. Moreover, the report outlines the two pieces of this program as Accountable Care Organizations (ACOs) and the Medicare Shared Savings Program. Finally, the report discusses the mechanics of these programs to relieve the two issues identified.
1099 Information Reporting Requirements and Penalties as Modified by the Patient Protection and Affordable Care Act and the Small Business Jobs Act of 2010
This report discuses the 2010 expansion of reporting requirements listed in IRC (Internal Revenue Code) 6041. The controversy in these expansions lies in the burden the expansion imposes on small businesses. The report also describes the pieces of legislation that have amended IRC 6041, and the implications of that legislation along with the consequences of IRC 6041.
Health Care: Constitutional Rights and Legislative Powers
This report analyzes constitutional and legal issues pertaining to a right to health care, as well as the power of Congress to enact and fund health care programs.
Casework in a Congressional Office: Background, Rules, Laws, and Resources
This report discusses House and Senate rules and guidelines, laws, and regulations affecting congressional casework, as well as the role of caseworkers. It also provides sample outlines and document templates for implementing and managing congressional casework.
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.
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.
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).
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.
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.
Everglades Restoration: Federal Funding and Implementation Progress
This report summarizes historical and current funding trends for Everglades restoration, with a focus on federal funding totals and issues for Congress. It also provides a brief summary of some of the major accomplishments in Everglades restoration since the enactment of CERP in 2000, as well as ongoing challenges facing the effort.
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.
Government Access to Phone Calling Activity and Related Records: Legal Authorities
This report summarizes legal authorities regarding access by the government, for either foreign intelligence or law enforcement purposes, to information related to telephone calling patterns or practices.
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.
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.
Medical Marijuana: The Supremacy Clause, Federalism, and the Interplay Between State and Federal Laws
This report will review the federal government's constitutional authority to enact the federal criminal prohibition on marijuana.
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.
Commerce, Justice, Science, and Related Agencies: FY2014 Appropriations
This report will track and describe actions taken by the Administration and Congress to provide FY2014 appropriations for Commerce, Justice, and Science (CJS) accounts. It also provides an overview of FY2013 appropriations for agencies and bureaus funded as a part of the annual appropriation for CJS.
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.
"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.
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.
U.S. Implementation of the Basel Capital Regulatory Framework
This report discusses the implementation of the Basel III international regulatory framework, which is the latest in a series of evolving agreements among central banks and bank supervisory authorities to standardize bank capital requirements, among other measures.
Homeland Security Department: FY2012 Appropriations
This report describes the FY2012 appropriations for the department of homeland security (DHS).
Qualifications for President and the "Natural Born" Citizenship Eligibility Requirement
This report discusses the history of the qualifications clause in the Federal Convention of 1787, the Common Law meaning of the term "Natural Born" citizen or subject, and common understanding in 18th Century of the term "Natural Born" citizen.
A Primer on U.S. Immigration Policy
This report provides a broad overview of U.S. immigration policy. The first section addresses policies governing how foreign nationals enter the United States either to reside permanently or to stay temporarily. Related topics within this section include visa issuance and security, forms of quasi-legal status, and naturalization. The second section discusses enforcement policies both for excluding foreign nationals from admission into the United States, as well as for detaining and removing those who enter the country unlawfully or who enter lawfully but subsequently commit crimes that make them deportable. The section also covers worksite enforcement and immigration fraud. The third section addresses policies for unauthorized aliens residing in the United States.
The Latest Chapter in Insider Trading Law: Major Circuit Decision Expands Scope of Liability for Trading on a "Tip"
This report discusses a recent court decision regarding insider trading laws and the liability of someone who acts on a tip that consists of inside information that they should have known was obtained or shared illegally. Background on the case, relevant case law, and implications of the decision are discussed.
Energy Policy: 112th Congress Issues and Legislative Proposals
This report discusses the energy policy in the United States, which has focused on three major goals: assuring a secure supply of energy, keeping energy costs low, and protecting the environment.
Chemical Facility Security: Issues and Options for the 113th Congress
The report discusses how the department of homeland security (DHS) has statutory authority to regulate chemical facilities for security purposes. It also points out the funding and infrastructure and workforce capabilities, transparency and personnel surety.
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.
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: Legislative and Legal Developments
This report discusses pay equity litigation, including Wal-Mart Stores v. Dukes, a case in which the Supreme Court rejected class action status for current and former female Wal-Mart employees who allege that the company has engaged in pay discrimination.
Public Safety Officers' Benefits (PSOB) Program
This report discusses the public safety officers' benefits (PSOB) program that provides three different types of benefits to public safety officers and their survivors: a death, a disability, and an education benefit.
Surface Transportation Funding and Finance
This report discusses changes in funding to the national surface transportation infrastructure, especially in light of the recession that began in 2007, which led to decreases in driving and fuel use. This report focuses on possible revenue sources for surface transportation infrastructure. It begins with a brief discussion of the problems associated with the trust fund financing system and then explores possible immediate and longer-term solutions to the financing problem.
Government Transparency and Secrecy: An Examination of Meaning and Its Use in the Executive Branch
This report examines the statutes, initiatives, requirements, and other actions that make information more available to the public or protect it from public release related to Government Transparency and Secrecy.
Coast Guard Polar Icebreaker Modernization: Background, Issues, and Options for Congress
This report discusses the Coast Guard Polar icebreakers that performs a variety of mission supporting U.S. interests in polar region. It also points out the legislative activity in 112th congress.
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