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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.
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.
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.
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.
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 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.
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.
Broadband Data Privacy and Security: What's Net Neutrality Got to Do With It?
This report is the third in a series discussing the potential impact of the Federal Communications Commission's proposal to reclassify broadband Internet access services (BIAS). This report focuses on the proposal's possible effect on the regulation of BIAS providers' privacy practices.
Burma's Political Prisoners and U.S. Policy: In Brief
This report discusses the current issues in Burma (Myanmar) in regards to political prisoners and the resulting U.S. sanctions against the nation.
Central Valley Project Operations: Background and Legislation
This report provides an abbreviated background on the Central Valley Project (CVP) and State Water Project (SWP). It also provides a summary of recent hydrologic conditions in California and their effect on water deliveries.
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. 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.
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. 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.
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. 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. 2018 fiscal year funding requests are included.
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. 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.
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).
Charlottesville Car Crash Attack: Possibility of Federal Criminal Prosecution
This report discusses the announcement that the Charlottesville, Virginia car crash attack is being investigated as a federal civil rights case. It also outlines the sections of the federal law under which the attack could be classified.
"Chevron" Deference: A Primer
This report discusses the Chevron decision (which set up the current process for judicial review of regulatory agencies), explains the circumstances in which the Chevron doctrine applies, explores how courts apply the two steps of Chevron, and highlights some criticisms of the doctrine, with an eye towards the potential future of Chevron deference.
China's February 2017 Suspension of North Korean Coal Imports
This report discusses China's suspension of coal trade with North Korea for the remainder of 2017 which keeps China in compliance with an UN agreement to limit coal buying from North Korea that was implemented in November 2016 in response to continued nuclear tests by North Korea. Coal's value as an export to North Korea, China's trade with North Korea, quantities of coal and its value that was imported into China in 2016 and 2017, and possible reasons and implications for China's decision are discussed.
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.
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.
Congressional Health Coverage: Is the Government Contribution in Limbo?
This report first provides an overview of the statutory framework governing congressional health coverage and the current Office of Personnel Management (OPM) rule, and then addresses certain legal considerations that may come into play should the Trump Administration take action to modify this existing rule.
Constitutional Authority Statements and the Powers of Congress: An Overview
This report provides an overview of Congress's powers under the Constitution and their role in interpreting the nation's founding document. It examines House Rule XII, clause 7(c), discussing the results of a recent study conducted by CRS of Constitutional Authority Statement (CAS) that were submitted during the last six months of the 114th Congress, and concludes by discussing trends with regard to the House's recent CAS practices and by providing considerations for congressional personnel drafting CASs.
Cuba Sanctions: Legislative Restrictions Limiting the Normalization of Relations
This report outlines the various laws and sections of legislation that govern sanctions against Cuba and how they could be lifted or waived along with background information on the U.S. embargo of Cuba since the 1960s.
Cuba Sanctions: Legislative Restrictions Limiting the Normalization of Relations
This report provides background information on the Trade Promotion Authority (TPA), and discusses U.S. trade negotiating objectives, procedures for congressional-executive notification and consultation, and expedited legislative procedures.
The DACA and DAPA Deferred Action Initiatives: Frequently Asked Questions
This report provides answers to frequently asked questions about the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiatives.
Defining Broadband: Minimum Threshold Speeds and Broadband Policy
This report discusses the definition of broadband, minimum threshold speeds for broadband service, and related policy.
Department of Health and Human Services Halts Cost-Sharing Reduction (CSR) Payments
This report discusses the the case "House of Representatives v. Hargan" which was a case by the Department of Health and Human Services (HHS) appealing the House's decision to end cost-sharing reduction (CSR) payments. Questions regarding the status of the case and possible legal and legislative methods of restoring CSR payments are addressed.
Department of Labor's 2016 Fiduciary Rule: Background and Issues
This report discusses fiduciary standard with respect to his or her advice, an individual had to, which include: (1) make recommendations on investing in, purchasing, or selling securities or other property, or give advice as to the value (2) on a regular basis (3) pursuant to a mutual understanding that the advice (4) will serve as a primary basis for investment decisions, and (5) will be individualized to the particular needs of the plan regarding such matters as, among other things, investment policies or strategy, overall portfolio composition, or diversification of plan investments.
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Background and Summary
This report reviews issues related to financial regulation and provides brief descriptions of major provisions of the Dodd-Frank Act, along with links to CRS products going in to greater depth on specific issues. It does not attempt to track the legislative debate in the 115th Congress.
Doing Business with Iran: EU-Iran Trade and Investment Relations
This report discusses the European Union's (EU's) resumption of business with Iran after the signing of the 2015 nuclear disarmament agreement which led to the lifting of nuclear related sanctions. It outlines rates of business and major investments in Iran by European companies and the effect possible U.S. re-imposition of sanctions against Iran may have on the market and U.S.-EU relations.
Domestic Terrorism: An Overview
This report provides background regarding domestic terrorists--detailing what constitutes the domestic terrorism threat as suggested by publicly available U.S. government sources. It also illustrates some of the key factors involved in assessing this threat.
Dressed to the Nines: What's Next for the Nine-Justice Supreme Court?
This report discusses the confirmation of Judge Neil Gorsuch as a Supreme Court Justice and the effects he may have on current and upcoming cases as the ninth member of the Supreme Court.
Energy and Water Development: FY2017 Appropriations for Nuclear Weapons Activities
This report discusses the annual Energy and Water Development appropriations bill that funds civil works projects of the Army Corps of Engineers, the Department of the Interior's Bureau of Reclamation, the Department of Energy (DOE), and several independent agencies.
Energy and Water Development: FY2018 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).
Energy-Water Nexus: The Water Sector's Energy Use
This report provides background on energy for facilities that treat and deliver water to end users, and also to dispose of and discharge wastewater.
EPA and the Army Corps' Rule to Define "Waters of the United States"
This report describes the final revised rule--which the agencies refer to as the Clean Water Rule--announced by the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers. It includes a table comparing the existing regulatory language that defines "waters of the United States" with the revisions.
EPA Policies Concerning Integrated Planning and Affordability of Water Infrastructure
This report examines two recent initiatives by the Environmental Protection Agency (EPA) in which the agency works with states to develop and implement new approaches for water quality goals that will be more cost-effective and address the most pressing water infrastructure problems first. The examples include 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).
EPA Proposes to Repeal the Clean Power Plan
This report discuses the EPA proposal in October 2017 to repeal the "Clean Power Plan" due to their determination after review of the rule that it exceeded their statutory authority to implement it. Steps in the process of repealing the rule, the outcome of the current court case regarding the rule, and possible replacement rules regarding Carbon dioxide emissions and power plants.
Executive Authority to Exclude Aliens: In Brief
This report provides a brief overview of the Executive's authority under these provisions of Section 212(f) in the Immigration and Nationality Act (INA). It also briefly describes other provisions.
Family Violence Prevention and Services Act (FVPSA): Background and Funding
This report provides an overview of the federal response to domestic violence--defined broadly to include acts of physical and nonphysical violence against spouses and other intimate partners--through the Family Violence Prevention and Services Act (FVPSA). The report begins with background on the definitions of domestic violence, family violence, and related terms. This background section also describes the risk factors for domestic violence and estimates of the number of victims. The next section of the report addresses the history leading up to the enactment of FVPSA, and the major components of the act: a national domestic violence hotline, support for domestic violence shelters and non-residential services, and coordination efforts to prevent domestic violence. The report then discusses recent efforts under FVPSA to assist children and youth exposed to domestic violence, including teen dating violence. Finally, the report provides an overview of FVPSA's interaction with other federal laws, including the Child Abuse Prevention and Treatment Act (CAPTA) and the Violence Against Women Act (VAWA).
Farm Bill Primer Series: A Guide to Omnibus Legislation on Agriculture and Food Programs
This report constitutes a guide to a series of two-page reports that examine the various programs and policies that comprise periodic omnibus legislation on farm and food policy, commonly known as "the farm bill." The current farm bill (P.L. 113-79) was signed into law in February 2014. Many of the programs authorized by the 2014 farm bill are scheduled to expire in 2018 unless Congress provides for an extension, or reauthorizes them. Without congressional action, key commodity support programs would revert to permanently authorized legislation from the 1930s and 1940s.
FDA Human Medical Product User Fee Programs: In Brief
This report discusses FDA human medical product user fees for prescription drugs, medical devices, generic drugs, and biosimilars which are charged to companies producing the products and make up a large portion of the FDA's revenues. User fees are authorized in legislation on a five-year cycle, with authority for their actual collection and expenditure provided each year through the annual appropriations process. Appendix A outlines various features of the user fee programs.
The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 1)
This report is the first in a two-part series discussing "Garza v. Hargan", a decision by the U.S. Court of Appeals for the D.C. Circuit involving a detained unaccompanied alien minor and the right to terminate a pregnancy. The facts of the case and a discussion of the court's decision and whether the Health and Human Services Department policy regarding abortions unduly burdens a woman's right to an abortion is discussed.
The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 2)
This report is the secondt in a two-part series discussing "Garza v. Hargan", a decision by the U.S. Court of Appeals for the D.C. Circuit involving a detained unaccompanied alien minor and the right to terminate a pregnancy. Debate among judges regarding the right of an unaccompanied alien minor to have an abortion when the minor was detained at the border and technically never formally entered the United States are discussed.
The Fifth Amendment in Congressional Investigations
This report discusses the use and rules regarding invoking Fifth Amendments rights during Congressional investigations in the wake of the use of the Fifth Amendment by former national security adviser Michael Flynn during Congressional investigations.
The Financial CHOICE Act in the 115th Congress: Selected Policy Issues
This report highlights major proposals included in the Financial CHOICE Act (FCA) but is not a comprehensive summary. In general, the bill proposes changes that can be divided into two categories: (1) changes to financial policies and regulations and (2) changes to the regulatory structure and rulemaking process. Major policy-related changes proposed by the FCA include the following: Leverage Ratio, Regulatory Relief, To Big To Fail, Funding, Rulemaking, Judicial Review, Enforcement, the Consumer Financial Protection Bureau (CFPB), and the Federal Reserve.
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.
Financial Regulation: The Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155)
This report discusses the Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155) which aims to provide regulatory relief to banks, relax mortgage lending rules, and provide additional consumer protections related to credit reporting and other areas.
Five-Year Program for Federal Offshore Oil and Gas Leasing: Status and Issues in Brief
This report summarizes developments in the offshore oil leasing 2017-2022 program and considers selected congressional issues and actions related to the program. President Trump issued an executive order on April 28, 2017, directing the Secretary of the Interior to review and consider revising the 2017-2022 program. The 115th Congress could influence the five-year program by enacting legislation to alter the program, as well as by conducting oversight.
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