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.
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.
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.
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.
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.
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.
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.
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.
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 $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.
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.
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.
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 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.
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.
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.
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.
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.
Iraqi and Afghan Special Immigrant
This report analyzes the special immigrant visas (SIVs) classifications for Iraqis and Afghans within the context of both the larger special immigrant category and selected other permanent admissions categories. It discusses the legislative changes to the individual Iraqi and Afghan special immigrant programs since their initial authorization, provides statistics on visa issuances, and considers challenges that have faced the programs.
Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements
This report summarizes the Safe Drinking Water Act (SDWA) and its major programs and regulatory requirements. It includes the drinking water security provisions added to the SDWA by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (P.L. 107-188), and lead reduction provisions as amended by P.L. 111-380. It also outlines amendments made in December 2013 by P.L. 113-64 (H.R. 3588) to explicitly exempt fire hydrants from coverage under the act's lead plumbing restrictions.
What is the Proposed U.S.-EU Insurance Covered Agreement?
This report discusses arrangement between the United States and European Union (EU), on the first insurance "covered agreement."
Introduction to the Legislative Process in the U.S. Congress
This report introduces the main steps through which a bill (or other item of business) may travel in the legislative process--from introduction to committee and floor consideration to possible presidential consideration.
Why Did March 2016 U.N. Sanctions Not Curb China's Imports of Coal from North Korea?
This report discusses sanctions on North Korea in response to the country's fourth nuclear test and China's imports of coal from North Korea.
Central Valley Project Operations: Background and Legislation
This report provides an abbreviated background on the Central Valley Project (CVP) and State Water Project (SWP). It also provides a summary of recent hydrologic conditions in California and their effect on water deliveries.
Sanctuary Jurisdictions: Congressional Action and President Trump's Interior Enforcement Executive Order
This report discusses President Trump's executive order (EO) "Enhancing Public Safety in the Interior of the United States" issued on January 25, 2017, which seeks, among other things, to penalize "sanctuary jurisdictions." The term refers to states and localities that limit their cooperation with federal agencies on immigration law enforcement.
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 also discusses administrative and congressional actions to deal with the UAC surge in FY2014 and ongoing action to address possible future surges.
President Trump's Executive Order on Suspending Entry of Select Foreign Nationals: The Seven Countries
This report the executive order (EO) entitled "Protecting the Nation from Foreign Terrorists Entry Into the United States." Invoking Immigration and Nationality Act (INA) ยง212(f), the President barred citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States for 90 days, with limited exceptions for those traveling on diplomatic and certain other types of visas.
Department of Health and Human Services Halts Cost-Sharing Reduction (CSR) Payments
This report discusses the the case "House of Representatives v. Hargan" which was a case by the Department of Health and Human Services (HHS) appealing the House's decision to end cost-sharing reduction (CSR) payments. Questions regarding the status of the case and possible legal and legislative methods of restoring CSR payments are addressed.
President Trump's Withdrawal from the Paris Agreement Raises Legal Questions: Parts 1 and 2
This report discusses various legal questions raised by President Trump's announcement of the U.S.'s withdrawal from the Paris Climate Agreement. Questions addressed include the withdrawal process, whether the agreement is binding or non-binding, the role of United States in other international climate meetings, and why President Trump announced the exit.
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.
Unmanned and Unregulated? Court of Appeals Rejects FAA Regulation of Many Drones
This report discusses a ruling by the DC Circuit Court of Appeals which said that model aircraft including many drones were exempt from the FAA's registration rule. Carious implications of the ruling are also discussed.