Congressional Research Service Reports - 67 Matching Results

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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.
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). As a general rule, government agencies contract with the lowest qualified responsible bidder or offeror. Responsibility is an attribute of the contractor, while price and qualifications are attributes of the bid or offer. Under the FAR, "[n]o purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility."
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.
The Federal Circuit Rules on Trademarks Considered Offensive: May Affect Redskins Trademark Dispute
This legal sidebar examines cases involving the revocation of the Washington Redskins' federally-registered trademarks (Pro-Football, Inc. v. Blackhorse) and the refusal to grant registration for a rock band's name (In re Tam). These cases raise questions about the constitutionality of Section 2(a) of the Trademark Act of 1946 (conventionally known as the Lanham Act), which denies trademark registration to certain offensive content.
Military Justice: Courts-Martial, an Overview
This report gives a detailed overview of the military court-martial system, including a discussion of the three types of court-martials: summary, special, and general. It includes a chart showing procedural safeguards in federal and military courts.
Bills of Attainder: The Constitutional Implications of Congress Legislating Narrowly
This report discusses congressional bills of attainder, defined by the Supreme Court as "law[s] that legislatively determine guilt and inflict punishment upon an identifiable individual without provision of the protections of a judicial trial." The report specifically examines the two main criteria courts use to determine whether legislation is a bill of attainder: specificity and punishment.
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).
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.
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.
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.
U.S.-EU Cooperation on Ukraine and Russia
This report examines the U.S. and EU reactions to the crisis in Ukraine, focusing on the EU's hesitation to issue severe sanctions on par with the U.S. prior to the crash of Malaysia Airlines Flight MH17. The report discusses the EU's new, wider-ranging sanctions in the wake of MH17 and its implications on U.S.-EU relations.
Current Legal Status of the FCC’s Media Ownership Rules
This report discusses the Federal Communications Commission’s (FCC) media ownership regulations, which place limits on the number of broadcast radio and television outlets one owner can possess in a given market and place cross-ownership restrictions on these outlets and on the cross-ownership of broadcast properties and newspapers.
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.
Drug Testing and Crime-Related Restrictions in TANF, SNAP, and Housing Assistance
This report describes and compares the drug- and crime-related policy restrictions contained in selected federal programs that provide assistance to low-income individuals and families: the Temporary Assistance for Needy Families (TANF) block grant, the Supplemental Nutrition Assistance Program (SNAP, formerly Food Stamps), and the three primary federal housing assistance programs (the public housing program, the Section 8 Housing Choice Voucher program, and the project-based Section 8 rental assistance program).
Unaccompanied Alien Children: An Overview
This report opens with an analysis of recent unaccompanied alien children (UAC) apprehension data. It then discusses current policy on the treatment, care, and custody of the population, with a description of the responsibilities of each federal agency involved with the population. The report then discusses both administrative and congressional actions to deal with the UAC surge in FY2014 and ongoing action to address possible future surges.
Supreme Court: Length of the Scalia Vacancy in Historical Context
This report provides data and analysis related to the potential length of the current vacancy on the Supreme Court caused by the death of Antonin Scalia on February 13, 2016. Specifically, this report provides the number of days the Scalia vacancy will have existed on specified future dates if a nominee has not been confirmed.
Immigration Detainers: Legal Issues
Report that surveys the various authorities governing immigration detainers, including the standard detainer form (Form I-247) sent by ICE to other law enforcement agencies. The report also discusses key legal issues raised by immigration detainers.
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.
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.
State Innovation Waivers: Frequently Asked Questions
This report answers nine frequently asked questions about the State Innovation Waiver program under the Patient Protection and Affordable Care Act that allows states to obtain waivers from certain areas of the program and instead use their own state run processes.
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.
Same-Sex Marriages: Legal Issues
This report discusses the Defense of Marriage Act (DOMA) and legal challenges to it. It reviews legal principles applied to determine the validity of a marriage contracted in another state and surveys the various approaches employed by states to address same-sex marriage. It also examines previous congressional resolutions proposing a constitutional amendment and limiting federal courts' jurisdiction to hear or determine any question pertaining to the interpretation of DOMA.
Spectrum Policy: Public Safety and Wireless Communications Interference
This report discusses the rebanding plan announced by the Federal Communications Commission in 2004 to consolidate public safety frequencies and those used by some other operators, such as utilities. The plan was announce in an attempt to eliminate interference caused by the close proximity and interleaving of commercial and public safety channels.
Federal Civil and Criminal Penalties Possibly Applicable to Parties Responsible for the Gulf of Mexico Oil Spill
Since the Deepwater Horizon oil spill began on April 20, 2010, Congress has given much attention to the compensatory liability provisions of the Oil Pollution Act and, to a lesser extent, those of the Jones Act and the Death on the High Seas Act. However, federal laws possibly relevant to the oil spill also impose civil and criminal money penalties, which may reach dollar amounts in connection with the Gulf spill greater than those for compensatory liability. This report summarizes selected federal civil and criminal penalty provisions that may be found violated in connection with the Gulf spill and related worker fatalities.
The Posse Comitatus Act and Related Matters: A Sketch
This report examines instances, as approved by Congress, where circumstances warrant a departure from the general rule of the Posse Comitatus Act, wherein the military is typically prevented from direct involvement in civilian affairs.
Special Immigrant Juveniles: In Brief
This report provides a brief explanation of the statutory basis of special immigrant juvenile (SIJ) status and how it has evolved. It also presents statistics on the number of children who have applied for and received SIJ status since FY2005. The report concludes with a discussion of the applicability of SIJ status for unaccompanied alien children.
Biomass Crop Assistance Program (BCAP): Status and Issues
The Food, Conservation, and Energy Act of 2008 (P.L. 110-246, 2008 farm bill) created the Biomass Crop Assistance Program (BCAP). This report discusses the two main purposes of BCAP, which are (1) to support the establishment and production of eligible crops for conversion to bioenergy in selected areas, and (2) to assist agricultural and forest land owners and operators with collection, harvest, storage, and transportation of eligible material for use in a biomass conversion facility.
Proposed Amendments to the Toxic Substances Control Act (TSCA): Senate and House Bills Compared with Current Law
On April 15, 2010, Senator Lautenberg introduced legislation (S. 3209) to amend the core provisions of the Toxic Substances Control Act (TSCA) Title I. Representatives Waxman and Rush introduced comprehensive legislation to amend TSCA (H.R. 5820) on July 22, 2010. This report compares key provisions of S. 3209, as introduced, H.R. 5820, as introduced, and current law (15 U.S.C. 2601 et seq.).
Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900-2010
This report provides information on the amount of time taken to act on all Supreme Court nominations occurring between 1900 and the present. It focuses on the actual amounts of time that Presidents and the Senate have taken to act (as opposed to the elapsed time between official points in the process). This report focuses on when the Senate became aware of the President's selection (e.g., via a public announcement by the President).
Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents
This report provides background information on birthright citizenship to alien parents in the U.S. The report ends with a detail of amendments in the 112th Congress that would amend the Constitution to exclude from citizenship at birth persons born in the United States whose parents are unlawfully present in the United States or are non-immigrant aliens.
Securities Fraud Class Action Certification: Halliburton Co. v. Erica P. John Fund, Inc.
This report discusses requirements for securities fraud class action certification. The report also specifically examines each of the decisions made in the Halliburton cases, which proceeded through two complete rounds in federal district court, court of appeals, and the Supreme Court.
Can Body Worn Cameras Serve as a Deterrent to Police Misconduct?
This report discusses various issues regarding body worn cameras (BWCs), including the potential merits, concerns, and financial costs of use. The report also briefly states a possible method for allotting federal funds to help law enforcement agencies purchase BWCs.
The International Labor Organization (ILO): Background in Brief
This report discusses the International Labor Organization (ILO), and describes the ILO's mission, structure, and functions; presents case studies on how the ILO offers assistance to countries in promoting worker rights; and identifies issues for Congress.
Clean Power Plan: Legal Background and Pending Litigation in West Virginia v. EPA
This report provides legal background on the Clean Power Plan rule (CPP or Rule) to regulate emissions of greenhouse gases (GHGs), its Clean Air Act (CAA) framework under Section 111, and climate-related lawsuits that have preceded the present litigation over the CPP. It then gives an overview of the participants in the current litigation, including two groups of Members of Congress, who have offered briefs in support of the petitioners and the respondents, respectively.
Immigration-Related Worksite Enforcement: Performance Measures
This report discusses the Department of Homeland Security's (DHS) U.S. Immigration and Customs Enforcement (ICE) responsibilities in regard to immigration-related worksite enforcement, or enforcement of the prohibitions on unauthorized employment in Section 274A of the Immigration and Nationality Act (INA). The INA §274A provisions, sometimes referred to as employer sanctions, make it unlawful for an employer to knowingly hire, recruit or refer for a fee, or continue to employ an alien who is not authorized to be so employed. This report looks at enforcement measures of this act.
Controversies over Redefining "Fill Material" Under the Clean Water Act
This report discusses the 2002 rule (the Clean Water Act), focusing on how it changes which material and types of activities are regulated under Section 404 and the significance of these issues, especially for the mining industry.
The Crime Victims Fund: Federal Support for Victims of Crime
Report that provides background and funding information for Victims of Crime Act (VOCA) programs and the Crime Victims Fund (CVF). It describes the process through which CVF funds are allocated and explains how the CVF impacts the annual budget for Department of Justice (DOJ).
Telecommunications and Media Convergence: Selected Issues for Consideration
This report provides an overview of selected topics that provide a broad overview of issues that are central to the telecommunications/media convergence debate.
Omnibus Appropriations Acts: Overview of Recent Practices
This report discusses Omnibus appropriations acts, which have become a significant feature of the legislative process in recent years as Congress and the President have used them more frequently to bring action on the regular appropriations cycle to a close. Following a discussion of pertinent background information, this report reviews the recent enactment of such measures and briefly addresses several issues raised by their use.
Russia: Background and U.S. Policy
This report provides descriptions and background information on Russian government organization and power, the Russian military's role, and U.S. policy toward Russia. Specific topics covered include Russian governmental structures and background, Vladimir Putin's rise to power, human rights concerns, opposition groups, the economy of Russia and the impact of sanctions, the foreign relations of Russia with other countries in Europe, NATO, the EU, China, Syria, and the U.S., the Ukraine conflict and Russian military aggression. U.S. policies toward Russia, U.S. sanctions on Russia, and cyber warfare.
Methane: An Introduction to Emission Sources and Reduction Strategies
This report discusses the "Climate Action Plan" (CAP) announced by President Obama to reduce emissions of carbon dioxide (CO2) and other greenhouse gases (GHGs), as well as to encourage adaptation to expected climate change.
Justice Department''s Role in Cyber Incident Response
This report outlines the federal framework for cyber incident response, highlighting the Department of Justice's (DOJ's) role in this response. It also discusses challenges for federal law enforcement and potential policy issues for Congress.
Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials
On June 1, 2010, the U.S. Supreme Court decided unanimously in Samantar v. Yousef that the Foreign Sovereign Immunities Act (FSIA), which governs the immunity of foreign states in U.S. courts, does not apply in suits against foreign officials. This report provides an overview of the FSIA, followed by a consideration of the remaining options for foreign officials who seek immunity from lawsuits, as well as some of the questions that may emerge from each option. The report also addresses legislation that would affect the immunity of foreign officials, including S. 2930.
Changes in the Arctic: Background and Issues for Congress
This report provides an overview of Arctic-related issues for Congress and refers readers to more in-depth CRS reports on specific relevant topics.
Nuclear Cooperation with Other Countries: A Primer
This report discusses section 123 of the Atomic Energy Act (AEA), the specific requirements of which must be met in order for the United States to engage in civilian nuclear cooperation with other states. The AEA also provides for exemptions to these requirements, export control licensing procedures, and criteria for terminating cooperation.
Procedures for Congressional Action in Relation to a Nuclear Agreement with Iran: In Brief
This report provides, in brief, analysis of the congressional procedural provisions laid out in the Iran Nuclear Agreement Review Act of 2015 (P.L. 114-17). The act establishes a period for Congress to review any comprehensive agreement, during which certain presidential actions to provide relief from sanctions on Iran are barred.
Iran Nuclear Agreement: Selected Issues for Congress
This report addresses some of the many issues raised by the Joint Comprehensive Plan of Action (JCPOA), including: those related to monitoring and enforcing the Iran Nuclear Agreement itself, how the sanctions relief provided by the agreement would affect Iran's regional and domestic policies, the implications for regional security, and the potential for the agreement to change the course of U.S.-Iran relations.
Iran's Foreign Policy
This report provides an overview of Iran's foreign policy, which has been a subject of numerous congressional hearings and of sanctions and other legislation for many years. The report analyzes Iranian foreign policy as a whole and by region.
Changes in the Arctic: Background and Issues for Congress
This report provides an overview of Arctic-related issues for Congress, and refers readers to more in-depth CRS reports on specific Arctic-related issues. Some general issues include Arctic territorial disputes; commercial shipping through the Arctic; Arctic oil, gas, and mineral exploration; endangered Arctic species; and increased military operations in the Arctic, which could cause the region in coming years to become an arena of international cooperation or competition.
Evolution of the Meaning of "Waters of the United States" in the Clean Water Act
This report examines the changing definition of the phrase, "waters of the United States." The scope of waters that are properly the subject of federal water pollution legislation has been the subject of long-standing consideration by all three branches of the federal government, particularly in the aftermath of the 1972 amendments to the Federal Water Pollution Control Act, commonly referred to as the Clean Water Act.