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Majority, Concurring, and Dissenting Opinions Authored by Judge Merrick Garland
This report identifies and briefly summarizes each of the more than 350 cases in which Judge Garland has authored a majority, concurring, or dissenting opinion. Arguably, these written opinions provide the greatest insight into Judge Garland's judicial approach, as a judge's vote in a case or decision to join an opinion authored by a colleague may be based upon a number of considerations and may not necessarily represent full agreement with a joined opinion.
The Department of the Interior's Final Rule on Offshore Well Control
This report discusses regulations regarding blowout preventer systems and well control for oil and gas operations on the U.S. outer continental shelf (81 Fed. Reg. 25887). The regulations aim to reduce the risk of an offshore oil or gas blowout that could jeopardize human safety and harm the environment.
U.S. Crude Oil and Natural Gas Production in Federal and Nonfederal Areas
This report examines U.S. oil and natural gas production data for federal and non-federal areas with an emphasis on the past five fiscal years of production.
Cuba: Issues for the 114th Congress
This report is divided into three major sections analyzing Cuba's political and economic environment, U.S. policy, and selected issues in U.S.-Cuban relations.
Transportation Security: Issues for the 114th Congress
This report examines aviation, transit and passenger rail security, as well as port and maritime security. The difficulty and cost of protecting the transportation sector from attack raises a core question for policymakers, i.e., how much effort and resources to put toward protecting potential targets versus pursuing and fighting terrorists.
Cuba: Issues for the 114th Congress
This report is divided into three major sections analyzing Cuba's political and economic environment, U.S. policy, and selected issues in U.S.-Cuban relations.
A Resurgence of Unaccompanied Alien Children?
This report briefly examines the recently-high number of unaccompanied alien children (UAC). In the first seven months of FY2016, apprehensions at the U.S.-Mexico border have approached levels close to what they were in FY2014 when such migration flows reached what were characterized as "crisis" proportions.
The Buy American Act--Preferences for "Domestic" Supplies: In Brief
This report discusses the Buy American Act of 1933, which is the earliest and arguably the best known of various statutes regarding federal procurement of domestic products. The act attempts to protect U.S. businesses and labor by restricting the acquisition and use of end products or construction materials that are not "domestic."
Pay Equity: Legislative and Legal Developments
This report begins by presenting data on earnings for male and female workers and by discussing explanations that have been offered for the differences in earnings. It next discusses the major laws directed at eliminating sex-based wage discrimination as well as relevant federal court cases. The report closes with a description of pay equity legislation that has been considered or enacted by Congress in recent years.
Iran Nuclear Agreement
This report provides background on the agreement negotiated by Iran and six other countries (the United States, the United Kingdom, France, Russia, China, and Germany--collectively known as the P5+1) regarding Iran's nuclear program, and discusses the implications for U.S.-Iran relations.
Legislative Options for Financing Water Infrastructure
This report discusses several options considered by Congress to address the financing needs of local communities for wastewater and drinking water infrastructure projects and to decrease or close the gap between available funds and projected needs. It provides an overview of six options that are reflected in recent legislative proposals, including their budgetary implications.
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) 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. This report explains the major events in the litigation as of the date of publication, including the Supreme Court stay, and the likely timetable of events in the near term.
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.
Federal Lifeline Program: Frequently Asked Questions
This report discusses the Federal Lifeline Program established by the Federal Communications Commission (FCC) in 1985. The program was originally designed to assist eligible low-income households to subsidize the monthly service charges incurred for voice telephone usage and was limited to one fixed line per household.
Framing Spectrum Policy: Legislative Initiatives
This report examines legislative initiatives to address issues regarding radio frequency spectrum management and allocation. Access to radio frequency spectrum is essential to wireless communications. As demand for mobile services increases, from all sectors of society and the economy, so does the need to increase the capacity of wireless networks.
Navy LX(R) Amphibious Ship Program: Background and Issues for Congress
This report provides background information and issues for Congress on maritime territorial and exclusive economic zone (EEZ) disputes in the East China (ECS) and South China Sea (SCS) involving China, with a focus on how these disputes may affect U.S. strategic and policy interests.
Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court
This report provides an overview of Judge Garland's jurisprudence and discusses what the impact on the Court might be if he, or a judge of a similar judicial approach, were to be confirmed to succeed Justice Scalia. The report begins with his views on two overarching issues -- the role of the judiciary and statutory interpretation -- it then addresses 14 separate areas of law, which are arranged in alphabetical order from "administrative law" to "takings."
RICO: A Brief Sketch
This report examines the various elements of federal Racketeer Influenced and Corrupt Organization (RICO) provisions and discusses constitutional questions pertaining to the law. In spite of its name and origin, RICO is not limited to "mobsters" or members of "organized crime" as those terms are popularly understood. Rather, it covers those activities which Congress felt characterized the conduct of organized crime, no matter who actually engages in them.
Iran Sanctions
This report analyzes U.S. and international sanctions against Iran and provides some examples, based on open sources, of companies and countries that conduct business with Iran.
The Open Skies Treaty: Issues in the Current Debate
This report discusses the current debate surrounding the Treaty on Open Skies, which the United States, Canada, and 22 European nations signed on March 24, 1992. The treaty entered into force on January 1, 2002, and now has 34 member states. Each participant must permit unarmed observation aircraft to fly over its entire territory to observe military forces and activities.
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.
"Sense of" Resolutions and Provisions
This report discusses specific kinds of resolutions by which Congress may formally express opinions about subjects of current national interest through freestanding simple or concurrent resolutions (called generically "sense of the House," "sense of the Senate," or "sense of the Congress" resolutions). These opinions expressing the views of one or both chambers may be included in other legislation upon introduction or subsequently added by amendment. This report identifies the various forms these expressions may take and the procedures governing such actions.
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. The diminishment of Arctic sea ice has led to increased human activities in the Arctic, and has heightened interest in, and concerns about, the region's future.
EPA Policies Concerning Integrated Planning and Affordability of Water Infrastructure
This report examines recent initiatives by EPA, an integrated planning policy, and a framework policy for assessing a community's financial capability to meet objectives and requirements of the Clean Water Act (CWA).
Cuba: Issues for the 114th Congress
This report is divided into three major sections analyzing Cuba's political and economic environment, U.S. policy, and selected issues in U.S.-Cuban relations. While legislative initiatives are noted throughout the report, a final section of the report provides a listing of bills and resolutions introduced in the 114th Congress.
Iran Sanctions
This report analyzes U.S. and international sanctions against Iran and provides some examples, based on open sources, of companies and countries that conduct business with Iran.
Access to Government Information in the United States: A Primer
This report offers an introduction to the four access laws and provides citations to additional resources related to these statutes. It includes statistics on the use of the Freedom of Information Act (FOIA) and the Federal Advisory Committee Act (FACA) and on litigation related to FOIA. In addition, this report provides some examples of the methods Congress, the President, and the courts have employed to provide or require the provision of information to one another, as well as a list of resources related to transparency, secrecy, access, and nondisclosure.
Nominations to the Supreme Court During Years of Divided and Unified Party Government
This report provides data and analysis related to nominations made to the Supreme Court during years of unified and divided party government.
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. The diminishment of Arctic sea ice has led to increased human activities in the Arctic, and has heightened interest in, and concerns about, the region's future.
Justice Antonin Scalia: His Jurisprudence and His Impact on the Court
This report discusses Justice Scalia's jurisprudence on key areas of law, as well as how that jurisprudence could be seen to have influenced the Court's approach to these subject matters.
Freedom of Information Act Legislation in the 114th Congress: Issue Summary and Side-by-Side Analysis
This report provides a side-by-side comparison of two bills relevant to the Freedom of Information Act (FOIA), using the versions that have passed each of their originating congressional chambers. The report also provides context related to bill amendments and language additions that occurred between bill versions, when applicable. Finally, the report provides analysis of certain provisions of the bills.
Public Trust and Law Enforcement--A Brief Discussion for Policymakers
This report provides a brief overview of police-community relations and how the federal government might be able to promote more accountability and better relationships between citizens and law enforcement.
EPA's Clean Power Plan for Existing Power Plants: Frequently Asked Questions
This report summarizes the Clean Power Plan rule as it was finalized on August 3, 2015, before discussing how the ongoing litigation may potentially impact the rule and its deadlines. EPA faced a number of issues and questions while developing the regulations. This report describes how EPA answered these and other questions.
The Federal Communications Commission: Current Structure and Its Role in the Changing Telecommunications Landscape
This report discusses current issues regarding the Federal Communications Commission (FCC), which is an independent federal agency charged with regulating interstate and international communications by radio, television, wire, satellite, and cable.
Maritime Territorial and Exclusive Economic Zone (EEZ) Disputes Involving China: Issues for Congress
This report provides background information and issues for Congress on maritime territorial and exclusive economic zone (EEZ) disputes in the East China (ECS) and South China Sea (SCS) involving China, with a focus on how these disputes may affect U.S. strategic and policy interests.
Coast Guard Cutter Procurement: Background and Issues for Congress
This report provides background information and potential oversight issues for Congress on the Coast Guard's programs for procuring 8 National Security Cutters (NSCs), 25 Offshore Patrol Cutters (OPCs), and 58 Fast Response Cutters (FRCs). The Coast Guard's proposed FY2017 budget requests a total of $467 million in acquisition funding for the three programs.
U.S. Sugar Program Fundamentals
This report discusses the U.S. sugar program, which is singular among major agricultural commodity programs in that it combines a floor price guarantee with a supply management structure that encompasses both domestic production for human use and sugar imports.
Coast Guard Cutter Procurement: Background and Issues for Congress
This report provides background information and potential oversight issues for Congress on the Coast Guard's programs for procuring 8 National Security Cutters (NSCs), 25 Offshore Patrol Cutters (OPCs), and 58 Fast Response Cutters (FRCs). Congress's decisions on these three programs could substantially affect Coast Guard capabilities and funding requirements, and the U.S. shipbuilding industrial base.
The House May Vote to File an Amicus Brief: Is this Unprecedented?
This report discusses the historical precedence of the House authorizing the filing of an amicus brief. The case involves state challenges to the Obama Administration's expansion of its deferred action program for certain aliens brought to the U.S. as children and unauthorized aliens who are the parents of U.S. citizens or legal permanent resident aliens.
Justice Antonin Scalia's Last Opinion
This report discusses Justice Antonin Scalia's last opinion for the court (Kansas v. Carr). There, the Court reversed two decisions of the Kansas Supreme Court and held that "the Eighth Amendment [does not] require... capital-sentencing courts to instruct the jury that mitigating circumstances need not be proved beyond a reasonable doubt." It also held that the Eighth Amendment did not require separate trials for two of the defendants in one of the Kansas cases.
Iran Nuclear Agreement
This report provides background on the agreement negotiated by Iran and six other countries (the United States, the United Kingdom, France, Russia, China, and Germany--collectively known as the P5+1) regarding Iran's nuclear program, and discusses the implications for U.S.-Iran relations.
Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions
This report identifies the legislative bases for sanctions imposed on Iran, and the nature of the authority to waive or lift those restrictions. It comprises two tables that present legislation and executive orders that are specific to Iran and its objectionable activities in the areas of terrorism, human rights, and weapons proliferation.
The Glass-Steagall Act: A Legal and Policy Analysis
This report provides background on the economic conditions in which the Glass-Steagall Act was enacted and provides an economic and legal analysis of the Glass-Steagall Act's enactment, erosion, and partial repeal by GLBA. The report concludes with an analysis of the Glass-Steagall Act's relationship with financial stability and the Glass-Steagall-like provisions of the Dodd-Frank Act.
Cuba: Issues for the 114th Congress
This report is divided into three major sections analyzing Cuba's political and economic environment, U.S. policy, and selected issues in U.S.-Cuban relations. While legislative initiatives are noted throughout the report, a final section of the report provides a listing of bills and resolutions introduced in the 114th Congress.
The Role of Local and Regional Food Systems in U.S. Farm Policy
This report provides background information on many of the type of operations engaged in the U.S. local and regional food system. A wide range of farm businesses are involved in local foods, such as direct-to-consumer marketing, farmers' markets, farm-to-school programs, community-supported agriculture,6 community gardens, school gardens, food hubs and market aggregators, kitchen incubators, and mobile slaughter units. This report also highlights some of the available resources within existing federal programs administered by USDA and other agencies.
The Renewable Fuel Standard (RFS): Waiver Authority and Modification of Volumes
This report discusses the process and criteria for the Environmental Protection Agency to waive various portions of the renewable fuel standard (RFS), and the modification of applicable volumes.
EPA and the Army Corps' Rule to Define "Waters of the United States"
This report describes the revised rule of the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) which defines the scope of waters protected under the Clean Water Act (CWA). Agencies refer to this final rule as the Clean Water Rule. This report includes a table comparing the existing regulatory language that defines "waters of the United States" with the revisions.
"Regulatory Relief" for Banking: Selected Legislation in the 114th Congress
This report discusses regulatory relief legislation for banks in the 114th Congress that has seen floor action or has been ordered to be reported by a committee. Many, but not all, of the bills would make changes to the Dodd-Frank Act (P.L. 111-203), a wide-ranging financial reform enacted in response to the financial crisis.
Iran Sanctions
This report analyzes U.S. and international sanctions against Iran and provides some examples, based on open sources, of companies and countries that conduct business with Iran.
Iran-U.S. Air Service Not Imminent
This report discusses the prospect of air travel between Iran and the U.S., which last operated during 1979, when the U.S. government imposed an embargo on flights following the Iran hostage crisis. Since then, travel and air cargo shipments between the two countries have been routed through third countries, and their extent has been limited by U.S. sanctions.