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Energy Tax Provisions That Expired in 2017 (Tax Extenders)
This report discusses energy tax provisions or "tax extenders" which expired at the end of 2017 and their economic impact.
Banking Policy Issues in the 115th Congress
This report provides an overview of banking related issues of interest to the 115th Congress.
District Court Enjoins DACA Phase-out: Explanation and Takeaways
This report is an update of a previous report regarding DACA's phase-out and discusses court injunctions preventing the the phase-out of DACA benefits for those already enrolled and a decision by a Maryland federal court which prevents the Department of Homeland Security (DHS) from using personal information found in DACA applications for law enforcement purposes except by permission of the court in uses needed for national security, public safety, or the public interest.
How Hard Should it Be to Bring a Class Action?
This report discusses the process of bringing a class action suit and the requirements plaintiffs are required to prove before one may be brought.
Responding to the Opioid Epidemic: Legal Developments and FDA's Role
This report discusses the opioid epidemic in the U.S. and the role of the Federal Food and Drug Administration (FDA) in helping end the epidemic. The report provides an overview of FDA's existing authorities, the historical context for the opioid epidemic, and the agency's current plan for combatting the opioid epidemic, concluding with an examination of the broader legal questions concerning the crisis.
Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155) and Selected Policy Issues
This report discusses the provisions of the Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155) and some related policy issues.
Sex Offenders and Supervised Release Revocation: Constitutional?
This report discusses a recent Supreme Court ruling regarding the federal supervised release program for sex offenders.
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 1)
This report is part 1 of two of a report discussing the upcoming Supreme Court case of "Janus v. American Federation of State, County, and Municipal Employees, Council 31.
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 2)
This report is part 1 of two of a report discussing the upcoming Supreme Court case of "Janus v. American Federation of State, County, and Municipal Employees, Council 31."
Supreme Court to Hear Digital Privacy Case: Can the Government Obtain Emails Stored Abroad?
This report discusses the upcoming Supreme Court case of "United States vs. Microsoft" which concerns whether the government can compel Microsoft to provide them emails stored abroad. This report provides background on the case, including an overview of the Stored Communications Act (SCA), discusses the specific issues presented by the Microsoft case, and explores the case's implications for Congress.
Civil-Suit Provision in House-Passed Concealed Carry Reciprocity Bill (H.R. 38): Scope and Application
This report discusses legal implications of the Concealed Carry Reciprocity Act of 2017 which was passed by the House in December 2017.
How Broad a Shield? A Brief Overview of Section 230 of the Communications Decency Act
This report discusses Section 230 of the Communications Act of 1934 which was added too the law in 1996 to provide liability protection to online service providers regarding what users posted on their sites. Concerns about criminal activity being allowed to continue by companies due to the law and internet freedom advocates support for the law are discussed.
Memorandum: Civil-Suit Provision in the House-Passed Concealed Carry Reciprocity Act of 2017 (H.R. 38)
This report evaluates legal issues potentially arising from the civil-suit provision in H.R. 38, the Concealed Carry Reciprocity Act of 2017, which the House of Representatives passed on December 6, 2017
Where Can Corporations Be Sued for Patent Infringement? Part 1
This report is part one of two and discusses patent venue jurisprudence, including the "TC Heartland" opinion, and the impact of the decision on the patent litigation system generally.
Where Can Corporations Be Sued for Patent Infringement? Part 2
This report is part two of two and discusses other implications of the "TC Heartland" decision, including two notable recent decisions in the Federal Circuit interpreting the decision, "In re Cray" and "In re Micron Technology, Inc.," as well as other potential issues raised by TC Heartland and options for Congress.
Would it Violate Equal Protection to Prohibit Naturalized "Dreamers: from Sponsoring Their Parents for Immigrant Visas?
This report discusses the question of whether "Dreamers" who were given a pathway to citizenship and became naturalized citizens could sponsor their parents for immigration visas in the same way any other U.S. citizen could. Case law and various considerations which could affect such a decision are discussed.
U.S. Family-Based Immigration Policy
This report discusses family based immigration law and policy and arguments for expanding or restricting family-based immigration numbers.
Victim Restitution: Attorney's Fees for Internal Investigations?
This report discusses of whether a federal statute which requires victim reimbursement for "other expenses incurred during participation in the investigation or prosecution of the [victimizing] offense" cover "costs that were neither required nor requested by the government, including costs incurred for the victim's own purposes and unprompted by any official action? An upcoming Supreme Court case ("Lagos v. United States") is set to consider this question.
Termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador: Key Takeaways and Analysis
This report discusses Temporary Protected Status (TPS) designations and answers questions regarding the recent termination of TPS for those from El Salvador, Nicaragua, Haiti, and Sudan.
Clean Water Rule Challenge Must Begin in Federal District Courts, Supreme Court Holds
This report discusses the Supreme Court's ruling in the case of "National Association of Manufacturers (NAM) v. Department of Defense". The background of the case and implications of the ruling are discussed.
EPA's Methane Regulations: Legal Overview
This report examines the EPA's statutory authority for issuing the methane regulations, legal challenges to the standards, and legal issues related to the reconsideration and stay of the regulations.
The Renewable Fuel Standard (RFS): An Overview
This report provides a basic description of the Renewable Fuel Standard (RFS), including some of the widely discussed policy issues related to it and the 2018 RFS standard.
Banking Law: An Overview of Federal Preemption in the Dual Banking System
This report provides an overview of the respective roles of the federal government and the states in regulating banking.
Government Contract Bid Protests In Brief: Analysis of Legal Processes and Recent Developments
This report briefly analyzes the varying legal procedures applicable to bid protests under each forum, which may be relevant to Congress as it assesses potential reforms to the bid protest process. First, the report provides an overview of bid protests generally and the legal procedures applicable to bid protests made in each forum. Next, the report analyzes the legal distinctions among these forums. Finally, the report discusses recent legislative developments affecting bid protest procedures and potential considerations for Congress.
NLRB Rejects Former Standards Following Appointment of New Members
This report discusses recent decisions by the National Labor Relations Board (NLRB) after President Trump appointed two new members to the board. The decisions overturn a variety of significant past decisions and are summarized in the report.
Should Federal Law Restrict Where a Company May File Bankruptcy?
This report discusses laws and regulations regarding where a company may file for bankruptcy and a recently proposed bill which would restrict the locations where companies could file for bankruptcy.
"Marbury v. Madison Returns"! The Supreme Court Considers the Scope of "Judicial Power"
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.
Supreme Court Agrees to Hear Constitutional Challenge to SEC Administrative Law Judges
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.
The Logan Act: An Overview of a Sometimes Forgotten 18th Century Law
This report discusses the Logan Act, including a brief explanation of some of the constitutional concerns that surround the law. This report concludes with a discussion of what Congress could do to modify the statute to make it less susceptible to some of these concerns.
Trends in Bank Secrecy Act/Anti-Money Laundering Enforcement
This report provides an overview of recent trends in the enforcement of the Bank Secrecy Act (BSA), the principal U.S. anti-money laundering law regulating financial institutions. The report begins by providing general background information on BSA penalties and enforcement. The report concludes by discussing three recent trends that commentators have observed in BSA enforcement: (1) an increase in the frequency with which BSA enforcement actions involve an assessment of money penalties, and an increase in the size of those penalties, (2) an increased emphasis by regulators on the acceptance of responsibility by institutions entering into settlement agreements for BSA violations, and (3) an increased risk of individual liability for BSA violations.
Mandatory Minimum Sentencing of Federal Drug Offenses
This report is an overview of the Controlled Substances Act (or the Controlled Substances Import and Export Act) and federal minimum sentencing requirements for drug offenses.
Attorney General's Memorandum on Federal Marijuana Enforcement: Possible Impacts
This report discusses Attorney General Jeff Sessions' memorandum on federal marijuana enforcement policy sent to all U.S. Attorneys that immediately rescinds guidance documents specific to marijuana enforcement. It provides background on the memorandum, the relevant regulations, and implications of withdrawing previous guidance.
Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155) and Selected Policy Issues
This report summarizes S. 2155 and highlights major policy proposals of the bill, as reported by committee.
Facing the FAST Act: Abortion and Free Speech (Part 1)
First part of a report regarding the Supreme Court case: "National Institute of Family and Life Advocates (NIFLA) v. Becerra;" it involves a California state law that requires certain pregnancy centers to distribute particular information to clients which they contend violates their free speech rights. This report provides an overview of the challenged law, followed by an analysis of how the Supreme Court might categorize the speech at issue.
Facing the FAST Act: Abortion and Free Speech (Part 2)
Second part of a report regarding the Supreme Court case: "National Institute of Family and Life Advocates (NIFLA) v. Becerra;" it involves a California state law that requires certain pregnancy centers to distribute particular information to clients which they contend violates their free speech rights. This report discusses the potential implications of any Supreme Court decision in "NIFLA" for First Amendment jurisprudence and legislatures seeking to regulate in this area.
Supreme Court to Hear Voter Roll Case: What are the Implications?
This report discusses the Supreme Court case of "Husted v. Phillip Randolph Institute," which charges the state of Ohio with violating the National Voter Registration Act (NVRA) through their secondary voter registration maintenance program which removes people from the voter rolls due to inactivity. It discusses a brief history of the case before its coming to the Supreme Court and possible implications of the decision.
Drug Compounding: FDA Authority and Possible Issues for Congress
This report discusses legislation regulating the compounding of drugs by pharmacies to remove certain ingredients from a standard approved drug for patients with allergies, or for a medical clinic to keep on hand. It outlines various arguments for and against further regulation of the practice by the FDA and potential Congressional actions.
Protecting Consumers and Businesses from Fraudulent Robocalls
This report discusses efforts by Congress and the Federal Communications Commision (FCC) to combat robocall scams and prevent them from reaching consumers. It includes an overview of what robocallls are, their legitimate uses, regulation, and complaint procedures for consumers.
Changes in the Arctic: Background and Issues for Congress
This report provides an overview of general, Arctic-related issues for Congress, such as: 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.
Tailoring Bank Regulations: Differences in Bank Size, Activities, and Capital Levels
This report discusses various types of banks and legislative proposals regarding how to tailor regulations to banks of different sizes.
Basic Concepts and Technical Considerations in Educational Assessment: A Primer
This report discusses assessments mandated by federal education policy and discusses the purpose of assessments, types of tests, technical considerations in assessment, and using assessment results appropriately. A glossary containing definitions of commonly used assessment and measurement terms is provided at the end of this report. The glossary provides additional technical information that may not be addressed within the text of the report.
The Application of the "One Central Reason: Standard in Asylum and Withholding of Removal Cases
This report discusses asylum and withholding of removal immigration cases, and the application of the "one central reason" rule which dictates that asylum claimants demonstrate that an approved persecution grounds is one of the central reason they are claiming asylum. The same standard has been used in withholding of removal claim cases but a recent ruling by the U.S. Ninth Circuit Court stated that the "one central reason" rule does not apply to withholding of removal cases creating a split in opinion among courts.
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.
Financial Regulation: Fiscal Year 2018 Appropriations and the Financial CHOICE Act (H.R. 10)
This report discusses the Financial CHOICE Act (H.R. 10) and the FY 2018 Financial Services and General Government (FSGG) Appropriations Bill (H.R. 3354, Division D). The Senate Appropriations Committee released an FY2018 FSGG chairmen's mark on November 20, 2017, but further action has yet to occur on the bill. Much of the federal government, including agencies covered by FSGG appropriations, has been operating for the first part of FY2018 under a continuing resolution effective through December 8, 2017.
Bank Systemic Risk Regulation: The $50 Billion Threshold in the Dodd-Frank Act
This report focuses on one pillar of the Dodd-Frank Act's (P.L. 111-203) response to addressing financial stability and ending too big to fail: a new enhanced prudential regulatory regime that applies to all banks with more than $50 billion in assets and to certain other financial institutions. Under this regime, the Federal Reserve is required to apply a number of safety and soundness requirements to large banks that are more stringent than those applied to smaller banks. These requirements are intended to mitigate systemic risk posed by large banks. This report also examines the question of which banks are systemically important.
Defining Broadband: Minimum Threshold Speeds and Broadband Policy
This report discusses the definition of broadband, minimum threshold speeds for broadband service, and related policy.
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 1)
First part of a report discussing the upcoming Supreme Court case of "Janus v. American Federation of State, County, and Municipal Employees Council," concerning whether requiring non-union member employees is constitutional. It provides general background on an earlier case regarding the issue "Abood v. Detroit Board of Education" and the case law leading up to "Janus."
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 2)
Second part of a report discussing the upcoming Supreme Court case of "Janus v. American Federation of State, County, and Municipal Employees Council," concerning whether requiring non-union member employees is constitutional. It begins with a brief summary of the parties' arguments, highlights some key statements from the prior decisions of Justice Gorsuch (who is likely to be a critical voice), and finally explores the potential implications of the decision.
Changes to "Too Big to Fail" Treasury Recommends Revisions to Dodd-Frank SIFI Designation Process for Non-Banks (Part 1)
First part of a report discussing the Treasury Department's recent report recommending revisions to the Financial Stability Oversight Council's (FSOC's) process for designating non-bank financial institutions as "systematically important financial institutions (SIFI's) also known as "Too Big to Fail" institutions. This part provides general background on the SIFI designation process
Changes to "Too Big to Fail" Treasury Recommends Revisions to Dodd-Frank SIFI Designation Process for Non-Banks (Part 2)
Second part of a report discussing the Treasury Department's recent report recommending revisions to the Financial Stability Oversight Council's (FSOC's) process for designating non-bank financial institutions as "systematically important financial institutions (SIFI's) also known as "Too Big to Fail" institutions. This part discusses the legal debate over the designation process, the Treasury Department's recommended changes for the process, and how those changes may affect the Senate's consideration of the Financial CHOICE Act of 2017 (which would repeal FSOC's authority to designate non-banks as SIFIs altogether).
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