This report discusses the Fifth Amendment's Double Jeopardy Clause; although the Clause provides that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb," the Supreme Court has made clear that that protection has its limits.
This report discusses the proposed merger of AT&T, Inc. (AT&T) with Time Warner Inc. (Time Warner), after one of the most closely watched antitrust trials in recent memory. This report first outlines current Section 7 doctrine and then discusses the particularities of the government's case against AT&T and Time Warner and the court's decision to allow the transaction to proceed. Finally, it analyzes the decision's implications for the media industry and future antitrust cases, and identify potential considerations for Congress.
This report discusses legal authorities available to the federal government under the Controlled Substances Act (CSA) that could be used to combat the opioid epidemic. The report then examines DEA initiatives and actions taken, pursuant to its legal authorities under the CSA, which specifically target the abuse of opioids. It concludes by discussing selected opioid-related legislative proposals in the 115th Congress that would amend the CSA.
This report provides a brief history of FDA drug regulation, describes FDA's early risk management programs, and focuses on the agency's current risk management authorities, specifically risk evaluation and mitigation strategies (REMS). The report also discusses issues that have arisen as a result of REMS, particularly the impact on generic drug competition. While this report generally focuses on REMS in the context of generic drug development, the issues discussed are also relevant to biological and biosimilar product development.
This report is an update of a previous report discussing the case of "Allergan Inc. v. Teva Pharmaceuticals USA Inc." which deals with patent law and the rights of brand-name pharmaceutical companies and generic pharmaceutical companies as well as Native American tribes sovereign rights because the St. Regis Mohawk Tribe is a co-plaintiff in the case. The case is currently in the appeals process.
This report provides background on "Marbury v. Madison" and the upcoming case of Dalmazzi v. United States" which challenges the jurisdiction of the Supreme Court over the Court of Appeals for the Armed Forces (CAAF) and concludes by exploring the potential ramifications of the jurisdictional question "Dalmazzi" poses.
This report discusses the case of "Lucia v. Securities and Exchange Commission (SEC)" which is scheduled to be heard by the Supreme Court. The case addresses whether administrative law judges(ALJs) within the SEC are "Officers of the United States" (officers) who must be appointed in accordance with the Appointments Clause of Article II of the Constitution.
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.
This report discusses section 735 of the Financial Choice Act (H.R. 10) which would repeal the Durbin Amendment. The Durbin Amendment capped the amount of interchange fees paid by merchants to banks when a customer uses a debit card to pay. The report begins with a description of the debit payments process and network pricing for the four-party system and the three-party system. It summarizes the requirements of Regulation II, which implements the Durbin Amendment. The report concludes with a discussion of some implications of Regulation II for merchants, consumers, and banks as well as with some recent observations.
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.
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.
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.
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.
This report briefly discusses the current status of the Department of Defense's (DOD's) 1033 Program, under which excess DOD property -- such as personal computers, vehicles, and firearms -- are made available to qualified federal, state, local, and tribal law enforcement agencies.
This legal sidebar briefly provides an overview of the major implications of Justice Scalia's death for Congress. Justice Scalia's absence may alter the outcome of several cases of interest to Congress pending before the Court and could mark a seismic shift in many legal doctrines, depending on who is confirmed to fill the newly vacant seat on the Court. The job of confirming the President's nomination to fill the vacancy resides with the Senate, making Justice Scalia's death likely to have a profound impact in both the short and long term on Congress.
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. The mission of the FCC is to ensure that the American people have available--at reasonable cost and without discrimination--rapid, efficient, nation- and world-wide communication services, whether by radio, television, wire, satellite, or cable.
The global illegal drug trade represents a multi-dimensional challenge that has implications for U.S. national interests as well as the international community. This report discusses U.S. international policy frameworks and approaches in response to the issue.
This legal sidebar discusses the climate change in context of federal and private insurers. One of the many insurance company concerns is whether the government can be held liable for not putting in place adequate infrastructure to protect against property damage from climate-change-related extreme weather.
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.
This report reviews the rights and obligations that come with naturalization. It examines the naturalization process, discusses recent trends regarding who, among the roughly 1 million immigrants entering the United States each year, ultimately becomes a U.S. citizen, and discusses recent naturalization-related policy issues.
This report provides an overview of the statutory framework, key players, infrastructure, resources, tools, and operations associated with enforcement and compliance of the major pollution control laws and regulations administered by EPA. It also outlines the roles of federal (including regional offices) and state regulators, as well as the regulated community.
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.
This report discusses challenges created by the global illegal drug trade, including: undermining political and regional stability, bolstering the role and capabilities of transnational criminal organizations in the drug trade, and the burden caused by drug use an addition on local communities and economic development. In addition, this report discusses U.S. policy efforts to thwart illegal drug trade.
This report looks at the purposes and results of U.S. sanctions on Iran, which were initiated as a result of Iran's nuclear program and human rights issues. It ends by discussing future issues that Congress can consider regarding the sanctions.
Racial profiling is the practice of targeting individuals for police or security detention based on their race or ethnicity in the belief that certain minority groups are more likely to engage in unlawful behavior. Examples of racial profiling by law enforcement agencies suggest that minorities are disproportionately the subject of security-related practices. The issue has periodically attracted congressional interest and several courts have considered the constitutional ramifications of the practice as an "unreasonable search and seizure" under the Fourth Amendment and, more recently, as a denial of the Fourteenth Amendment's equal protection guarantee. A variety of federal and state statutes provide potential relief to individuals who claim that their rights are violated by race-based law enforcement practices and policies.
The change in Russia's trade status will require legislation to lift the restrictions currently applied to Russia under Title IV of the Trade Act of 1974, which includes the "freedom-of-emigration" requirements of the Jackson-Vanik amendment. The process for Russia's accession to the World Trade Organization (WTO) is proceeding and may be completed soon. As a result, Members may confront the issue of whether to grant Russia permanent normal trade relations (PNTR) status during the 112th Congress.
The Staffing for Adequate Fire and Emergency Response Act (the "SAFER Act") was enacted by the 108th Congress as part of the FY2004 National Defense Authorization Act. This report describes the SAFER Act in brief, discusses possible budgetary modifications to the SAFER Act that are being considered due to the recent economic downturn, and explores related issues for the 112th Congress as they consider reauthorization.
The purpose of this report is to describe and discuss the provisions for providing abortion services to military personnel, their dependents, and other military health care beneficiaries at military medical facilities. The report describes the history of these provisions, with particular emphasis on legislative actions. Finally, this report discusses a number of proposals to modify the law, as well as other related legislative and administrative actions.
The Deepwater Horizon oil spill that began on April 20, 2010 lead Congress to give 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.
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.
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.
This report discusses the U.S. Citizenship and Immigration Service's (USCIS) newly proposed fee schedule for immigration services. Issues for Congress to consider might include how USCIS fees have been computed and justified; whether anticipated revenue from revised fees will cover agency costs; how fiscal shortfalls might be funded; and what impact higher fees might have on the applicant pool.
This report provides a brief history of U.S. policy towards Burma and the development of U.S. sanctions, a topical summary of those sanctions, and an examination of additional sanctions that have been considered, but not enacted, by Congress, or that could be imposed under existing law or executive orders. The report concludes with a discussion of options for Congress.
The first half of this report looks at the background of U.S. travel restrictions to Cuba over the last 40 years. The second half of this report looks at several initiatives from the 111th Congress that would ease U.S. travel restrictions to Cuba.
This report provides an overview of the Stafford Act and Stafford Act declarations. The report discusses the types of assistance and eligibility, funding caps and cost shares, hazard mitigation assistance, disaster relief funds, and other issues for the 111th Congress.
This report focuses on the process by which the Office of the Prosecutor investigates allegations of war crimes and second on U.S policy towards the International Criminal Court (ICC) and how the court might assert jurisdiction over U.S. nationals.
This report examines statutory authorities, constitutional principles, and case law related to compulsory DNA extraction and analyzes potential impacts of recent developments for Fourth Amendment cases.
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