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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.
The 2010 Deepwater Horizon Oil Spill: Natural Resource Damage Assessment Under the Oil Pollution Act
Report that examines the Natural Resources Damage Assessment (NRDA) process under the Oil Pollution Act (OPA) in the context of the Deepwater Horizon spill.
The 2010 Oil Spill: Natural Resource Damage Assessment Under the Oil Pollution Act
The 2010 Deepwater Horizon oil spill leaked an estimated 4.1 million barrels of oil into the Gulf of Mexico, damaging the waters, shores, and marshes, and the fish and wildlife that live there. When resources in the public trust are harmed by contamination, federal, state, foreign, and tribal governments may seek compensation for damage to natural resources under certain laws. This is done in two steps: first, by assessing the harm; then, by determining how and what restoration will take place. Compensation for natural resource damage is intended to restore the natural resources to their condition before the damage and to compensate the public for the lost use of those resources. This report discusses legislation that provides a framework for assessing and mitigating the damage caused by such spills.
The 2010 Oil Spill: The Minerals Management Service (MMS) and the National Environmental Policy Act (NEPA)
This report will review environmental procedures after an exploratory oil well in the Gulf of Mexico exploded, killing 11 people and causing an oil spill.
S. 2155 and Enhanced Regulation for Large Banks
This report discusses regulations for large banks under the Dodd-Frank Act and recently proposed changes to the regulations proposed in S. 2155.
S. 2262, Shaheen-Portman Bill 2014: Energy Savings and Industrial Competitiveness Act
This report reviews the provisions of S. 2262, highlights the most controversial bill provision, and identifies potential amendments to the bill.
Abortion Services and Military Medical Facilities
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.
Abortion Services and Military Medical Facilities
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.
Abortion Services and Military Medical Facilities
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.
Abortion Services and Military Medical Facilities
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.
An Abridged Sketch of Extradition To and From the United States
This report discusses "extradition", which is the formal surrender of a person by a State to another State for prosecution or punishment.
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.
Achievements of and Outlook for Sanctions on Iran
This report analyzes the effect that sanctions have had in contributing to the achievement of U.S. objectives on Iran and analyzes several scenarios that might affect whether sanctions are eased or increased, or that might affect the effectiveness of the sanctions. It briefly reviews the imposition of sanctions, both by the United States and the international community, and discusses their stated objectives.
Administrative Agencies and Claims of Unreasonable Delay: Analysis of Court Treatment
This report discusses judicial remedies available for delayed agency actions that are somewhat limited. Generally, a court is restricted to ordering an agency to act by a specific deadline. The following sections outline the timing requirements imposed by the Administrative Procedure Act (APA), discuss the available judicial remedies when actions are found to be unreasonably delayed, and provide an examination of cases where courts have been asked to compel agency action. Finally, the report concludes with a discussion of legislative tools that Congress can use to try to set agency priorities.
Advertising by the Federal Government: An Overview
This report looks at what government agencies are spending on advertising, including the difficulties of estimating advertising expenditures and the restrictions on government advertising.
Advertising by the Federal Government: An Overview
This report discusses government advertising that can be controversial if it conflicts with citizens' views about the proper role of government.
Advertising by the Federal Government: An Overview
A look at government agencies spending on advertising.
Agricultural Disaster Assistance
This report has two sections. The first provides an overview of the current USDA disaster assistance programs: federal crop insurance, NAP payments, emergency disaster loans, the new Supplemental Revenue Assistance Payments Program (SURE), and four other smaller disaster programs authorized in the 2008 farm bill. The second section reviews the recent history of emergency supplemental farm disaster assistance.
Agricultural Disaster Assistance
This report briefly discusses the federal grand jury, which exists to investigate crimes against the United States and to secure the constitutional right of grand jury indictment.
Agricultural Disaster Assistance
This report has two sections. The first provides an overview of the current U.S. Department of Agriculture (USDA) disaster assistance programs: federal crop insurance, NAP payments, emergency disaster loans, the new Supplemental Revenue Assistance Payments Program (SURE), and four other smaller disaster programs authorized in the 2008 farm bill. The second section reviews the recent history of emergency supplemental farm disaster assistance.
Agriculture-Based Biofuels: Overview and Emerging Issues
This report reviews the evolution of the U.S. biofuels sector and the role that federal policy has played in shaping its development. In addition, it highlights emerging issues that are critical to the biofuels sector and of relevance to Congress.
Aiding, Abetting, and the Like: An Overview of 18 U.S.C. 2
This report discuses the issues that virtually every federal criminal statute has a hidden feature; helpers and hands-on offenders face the same punishment. This results from 18 U.S.C. 2, which visits the same consequences on anyone who orders or assists in the commission of a federal crime.
Airline Passenger Denied Boarding: Rules and Regulations
This report discusses regulations regarding an airline's responsibilities when a passenger with a confirmed ticket is denied boarding on a flight due to lack of seats (known as overselling). The various updates to the original regulation from 1967 are discussed with the latest modifications occurring in 2015.
Airline Passenger Rights: The Federal Role in Aviation Consumer Protection
This report examines aviation consumer protections following the 1978 elimination of most governmental control regarding airline business practices. It explains the roles of Congress and the U.S. Department of Transportation (DOT) in protecting airline consumers, and discusses some major passenger rights issues and related laws and regulations.
Airline Passenger Rights: The Federal Role in Aviation Consumer Protection
This report examines aviation consumer protections following the 1978 elimination of most governmental control regarding airline business practices. It explains the roles of Congress and the U.S. Department of Transportation (DOT) in protecting airline consumers, and discusses some major passenger rights issues and related laws and regulations.
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.
Alien Removals and Returns: Overview and Trends
This report provides an overview of the statutory framework for alien removal and briefly describes the standard removal process. It also describes several streamlined forms of removal, and two alternative forms of removal (often referred to as returns) that exempt aliens from certain penalties associated with formal removal: voluntary departure and withdrawal of petition for admission. In addition, the report discusses recent trends in removals and returns, and concludes with a summary of potential avenues for relief from removal.
America COMPETES Reauthorization Act of 2010 (H.R. 5116) and the America COMPETES Act (P.L. 110-69): Selected Policy Issues
This report provides background information on P.L. 110-69 and H.R. 5116, includes information about related legislative activity in the 111th Congress, and analyzes four policy issues addressed by these measures: (1) STEM Education, (2) Federal Research Programs and Activities, (3) Broadening Participation, and (4) Funding. It also discusses selected policy concerns identified in the debate about U.S. competitiveness and describes how H.R. 5116 responds to those concerns.
An Analysis of the Regulatory Burden on Small Banks
This report explains the concept of regulatory burden and the different ways it can be manifested. It analyzes whether small banks are relatively more burdened by regulation than big banks. To help answer that question, the report looks at the relative treatment of small and large banks in recent major regulatory proposals.
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.
Appointment of African American U.S. Circuit and District Court Judges: Historical Overview and Current Data
This report briefly provides historical and statistical information related to the appointment of African Americans as U.S. circuit and district court judges. Such information addresses ongoing congressional interest in the demographic characteristics of lower federal court judges.
Apprehensions of Unauthorized Migrants along the Southwest Border: Fact Sheet
This report discusses the number of illegal alien apprehensions between southern ports of entry (POE) in the United States, which has generally declined.
Arizona v. United States: A Limited Role for States in Immigration Enforcement
Report that discusses the Supreme Court's ruling in Arizona v. United States, and considers the implications that the decision may have for immigration enforcement activity by states and localities.
Armed Career Criminal Act (18 U.S.C. 924(e)): An Overview
This report briefly explores the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), which requires imposition of a minimum 15-year term of imprisonment for recidivists convicted of unlawful possession of a firearm under 18 U.S.C. 922(g). Section 924(e) applies only to those defendants who have three prior state or federal convictions for violent felonies or serious drug offenses. The report includes descriptions of constitutional challenges to the application of section 924(e), which have been generally unsuccessful.
The Army Corps of Engineers' Nationwide Permits Program: Issues and Regulatory Developments
Congressional interest in wetlands permit regulatory programs has been evident in the past in oversight hearings and in connection with bills to fund the Corps' regulatory programs. For some time, there has been a stalemate over legislation that would revise wetlands regulatory law and that could, if enacted, modify the nationwide permit program. During this time, no consensus has emerged on whether or how to reform overall wetlands policy legislatively. Recently, Obama Administration initiatives and actions intended to restrict harmful effects of surface coal mining activities in Appalachia have drawn congressional attention and criticism that is likely to continue in the 112th Congress and that could include oversight of the Corps' regulatory program generally.
The Army Corps of Engineers' Nationwide Permits Program: Issues and Regulatory Developments
Permits issued by the U.S. Army Corps of Engineers authorize various types of development projects in wetlands and other waters of the United States. The Corps' regulatory process involves two types of permits: general permits for actions by private landowners that are similar in nature and will likely have a minor effect on wetlands, and individual permits for more significant actions. The Corps uses general permits to minimize the burden of its regulatory program: they authorize landowners to proceed with a project without the time-consuming need to obtain standard individual permits in advance. About 90% of the Corps' regulatory workload is processed in the form of general permits.
The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress
This report offers perspectives for Congress on the Article V Convention, opening with an overview of the provisions in Article V that established the convention procedure. The report further examines its origins at the Constitutional Convention of 1787; the history of the convention alternative, focusing on three major 20th century campaigns to convene a constitutional convention; and the role of the states in the Article V Convention process.
The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress
This report identifies and examines historical issues related to the Article V Convention, which allows amendments to be added to the Constitution via Congressional vote or votes by the people.
Asylum and Gang Violence: Legal Overview
This report discusses the basis for asylum in International and U.S. Law. The recent increase in the number of unaccompanied alien children (UACs) apprehended at the border between Mexico and the United States has raised questions about the role that gang-related violence in Central America may play in determining whether such children are eligible for refugee status and asylum.
Asylum Policies for Unaccompanied Children Compared with Expedited Removal Policies for Unauthorized Adults: In Brief
This report focuses on unaccompanied alien children as asylum seekers. To bring clarity to the unique policies toward unaccompanied children, this report compares their treatment to that of unauthorized adults and families with children in the specific contexts of asylum and expedited removal.
Attorney General Nominations Since the Reagan Administration
On November 9, 2014, President Obama announced his intention to nominate U.S. Attorney Loretta E. Lynch to replace Eric H. Holder Jr. as Attorney General (AG). Presidents have nominated a total of 11 individuals, including Lynch, for the position of AG since the beginning of the Reagan Administration in 1981. This report provides a table with information regarding these 11 nominations.
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.
Authority of State and Local Police to Enforce Federal Immigration Law
This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly, analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice.
Authority of State and Local Police to Enforce Federal Immigration Law
This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly, analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice.
Availability of Injunctive Relief for Standard-Essential Patent Holders
This report provides an overview of the current debate over whether a holder of a patent essential to an industry standard, who has promised to license such patented technology on fair, reasonable, and non-discriminatory (FRAND) terms, may nevertheless obtain an injunction from a federal court or an exclusion order from the International Trade Commission against infringing products that implement the industry standard. The report first summarizes several fundamental principles of patent law, then discusses the relationship between standard-setting organizations and FRAND licensing.
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.
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.
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.
Banking Policy Issues in the 115th Congress
This report provides an overview of banking related issues of interest to the 115th Congress.
Bankruptcy Basics: A Primer
This report serves as a primer for Members and their staffs on the basics of U.S. bankruptcy law. The report provides a brief overview of the most essential concepts necessary for an informed understanding of the U.S. bankruptcy system