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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. 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.
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."
A Primer on the Reviewability of Agency Delay and Enforcement Discretion
This report discusses the general legal principles applied in determining whether administrative delays are reviewable in court in these two different contexts and then address whether the procedures outlined in the Administrative Procedure Act (APA) are applicable to these delays.
Offices of Inspectors General and Law Enforcement Authority: In Brief
This report identifies the laws and regulations that vest certain offices of inspector general (OIGs) with law enforcement authority, which permits the use of guns and ammunition. This report also describes some of the requirements and expectations of OIGs that have law enforcement authority, and includes some reasons that OIGs have expressed a need for law enforcement authority.
Conducting Foreign Relations Without Authority: The Logan Act
This report discusses the Logan Act, which was intended to prohibit United States citizens without authority from interfering in relations between the United States and foreign governments.
Energy and Water Development: FY2010 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.
Energy and Water Development: FY2010 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.
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.
Abortion Procedures
The Partial-Birth Abortion Ban Act of 1997, H.R. 1122 was vetoed by President Clinton on October 10, 1997. This legislation would have made it a federal crime, punishable by fine and/or incarceration, for a physician to perform a partial birth abortion unless it was necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury. The partial-birth abortion legislation has stimulated a great deal of controversy. This report provides a brief overview of the abortion methods currently in use for which data have been published and some positions on the partial birth abortion legislation.
Citizen Control Over Records Held by Third Parties
The United States has become an information society. Government at every level and private industry have been collecting and using more personal information about individuals in the last several years than ever before. The Congress has been aware of this trend, and of the potencia1 for misuse of the information so collected; it has enacted several laws that protect the personal privacy of individuals, and respect the confidentiality of the information maintained about individuals by third parties. In this report, several privacy laws are summarized, and key provisions of each are compared, in order to make individual citizens aware of their rights , responsibilities and remedies under the law.
The Federal Arbitration Act: Background and Recent Developments
Enacted in 1925, the Federal Arbitration Act (“FAA”) seeks to ensure the validity and enforcement of arbitration agreements in any “maritime transaction or . . . contract evidencing a transaction involving commerce.” In general, the FAA evidences a national policy favoring arbitration. However, the application of the FAA to various types of arbitration agreements has been the subject of numerous lawsuits. This report provides a brief legislative history of the FAA, as well as a review of selected cases that have interpreted the FAA. The report also discusses bills introduced during the 108th Congress that would amend the FAA to address the use of arbitration to resolve employment and specific contract disputes.
Partial-Birth Abortion: Recent Developments in the Law
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Partial-Birth Abortion: Recent Developments in the Law
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Partial-Birth Abortion: Recent Developments in the Law
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Partial-Birth Abortion: Recent Developments in the Law
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Partial-Birth Abortion: Recent Developments in the Law
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Partial-Birth Abortion: Recent Developments in the Law
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Substantive Due Process and a Right to Clone
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Employer Liability Provisions in Selected Patient Protection Bills
In the various patient protection bills introduced in the 106th (H.R. 5628, S.Amdt. 3694, H.R. 2990) and to date in the 107th (H.R. 526, H.R. 2315, H.R. 2563, S. 889, S. 1052), Congress has attempted to address the issue of employer liability by limiting liability to certain persons or circumstances. This report provides an overview of the employer liability provisions of selected bills from the 106th and 107th Congress.
Employer Liability Provisions in Selected Patient Protection Bills
In the various patient protection bills introduced in the 106th (H.R. 5628, S.Amdt. 3694, H.R. 2990) and to date in the 107th (H.R. 526, H.R. 2315, H.R. 2563, S. 889, S. 1052), Congress has attempted to address the issue of employer liability by limiting liability to certain persons or circumstances. This report provides an overview of the employer liability provisions of selected bills from the 106th and 107th Congress.
Energy and Water Development: FY2015 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.
Energy and Water Development: FY2015 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.
Federal Crime Control: Background, Legislation, and Issues
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Telecommunications Act: Competition, Innovation, and Reform
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Central American Asylum Seekers: Impact of 1996 Immigration Law
This report discuses issues related to the significant portion of the Central Americans affected by the IIRIRA revisions still have asylum cases pending and may obtain legal permanent residence by that avenue if they demonstrate a well-founded fear of persecution. The Attorney General also has the discretionary authority to grant blanket relief from deportation, but the discretionary forms of relief do not entail legal permanent residence. There is considerable interest in this issue in the 105th Congress, and the Senate passed by a vote of 99 to 1 an amendment to provide relief for certain Central Americans to the D.C. appropriations bill (S.1156).
Uniform Standards in Private Securities Litigation: Limitations on Shareholder Lawsuits
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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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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.
Internet Gambling: An Abridged Overview of Federal Criminal Law
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Internet Gambling: Overview of Federal Criminal Law
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Same-Sex Marriages: Legal Issues
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Same-Sex Marriages: Legal Issues
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Same-Sex Marriages: Legal Issues
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Same-Sex Marriages: Legal Issues
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Same-Sex Marriages: Legal Issues
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Same-Sex Marriages: Legal Issues
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Statutory Interpretation: General Principles and Recent Trends
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9/11 Commission: Current Legislative Proposals for U.S. Immigration Law and Policy
This report briefly discusses some of the major immigration areas under consideration in comprehensive reform proposals suggested by the 9/11 Commission, including asylum, biometric tracking systems, border security, document security, exclusion, immigration enforcement, and visa issuances. It refers to other CRS reports that discuss these issues in depth and will be updated as needed.
9/11 Commission: Current Legislative Proposals for U.S. Immigration Law and Policy
This report briefly discusses some of the major immigration areas under consideration in comprehensive reform proposals suggested by the 9/11 Commission, including asylum, biometric tracking systems, border security, document security, exclusion, immigration enforcement, and visa issuances. It refers to other CRS reports that discuss these issues in depth and will be updated as needed.