Policy Library

6,587 documents

Hostage-Taking Statute Covers Kidnapping for Ransom Abroad
Congressional Research Service · 2018-07-30 · Posts · 920 words
In the midst of a rash of kidnappings, a U.S. citizen living in Haiti was seized and held for ransom. In United States v. Noel, the U.S. Court of Appeals for the Eleventh Circuit (Eleventh Circuit) re...
Magnuson-Stevens Fishery Conservation and Management Act (MSA): Reauthorization Issues for the 115th Congress
Congressional Research Service · 2018-07-27 · Resources · 1,625 words · PDF available
In the 115th Congress, both chambers have continued efforts to reauthorize the Magnuson-Stevens Fishery Conservation and Management Act (MSA; 16 U.S.C. §§1801 et seq.). The MSA governs management and ...
Only Minimal Impact on Commerce Needed for Attempted Bombing
Congressional Research Service · 2018-07-26 · Posts · 976 words
The United States Court of Appeals for the Eleventh Circuit (Eleventh Circuit) recently held in United States v. Suarez that a minimal impact on commerce is sufficient to satisfy the jurisdictional re...
Examining Changes to Social Security’s Disability Appeals Process
Congressional Research Service · 2018-07-25 · Testimony · 5,867 words
Reconsideration Prototype
UPDATE: Fannie & Freddie Investors Turn to Congress After S. Ct. Declines to Resurrect Their Legal Claims
Congressional Research Service · 2018-07-25 · Posts · 1,937 words
UPDATE: On July 16, 2018, the U.S. Court of Appeals for the Fifth Circuit, in Collins v. Mnuchin, became the fourth U.S. Court of Appeals to dismiss statutory claims asserted by Fannie Mae and Freddie...
Background on Renewable Identification Numbers under the Renewable Fuel StandardBackground on Renewable Identification Numbers under the Renewable Fuel Standard
Congressional Research Service · 2018-07-25 · Testimony · 3,897 words
Renewable Fuel Standard RFS Renewable Identification Numbers RINs Biofuel Motor fuel Ethanol Biodiesel Cellulosic Quality Assurance Program QAP EPA Moderated Transaction System EMTS
Indexing Capital Gains Taxes for Inflation
Congressional Research Service · 2018-07-24 · Reports · 12,020 words · PDF available
Recently, proposals to index capital gains for inflation have reentered the public debate. The proposed change would eliminate the part of capital gains that reflects inflation by increasing the basis...
Supreme Court Rules Ohio Voter Roll Law Comports with National Voter Registration Act
Congressional Research Service · 2018-07-24 · Posts · 2,326 words
In a 5-4 decision, the Supreme Court recently ruled in Husted v. A. Philip Randolph Institute that an Ohio process for removing the names of registrants from its official federal voter registration r...
Mutual Legal Assistance Treaty with the Russian Federation: A Sketch
Congressional Research Service · 2018-07-24 · Posts · 1,047 words
The recent indictment by Special Counsel Robert Mueller of twelve Russian intelligence officials for offenses related to interference in the 2016 U.S. presidential election raises questions concerning...
U.S. Fish and Wildlife Service: An Overview
Congressional Research Service · 2018-07-20 · Reports · 12,921 words · PDF available
The U.S. Fish and Wildlife Service (FWS), an agency within the Department of the Interior (DOI), is the principal federal agency tasked with the conservation, protection, and restoration of fish and w...
Supreme Court Invalidates Public-Sector Union Agency Fees: Considerations for Congress in the Wake of Janus
Congressional Research Service · 2018-07-20 · Posts · 2,287 words
On June 27, 2018, the Supreme Court held that “agency fee” arrangements between a union and a government employer necessarily violate the First Amendment, overruling its 1977 decision in Abood v. Detr...
Emergency Department Boarding of Behavioral Health Patients
Congressional Research Service · 2018-07-19 · Resources · 1,458 words
This In Focus outlines emergency department (ED) boarding of behavioral health (BH) patients. Behavioral health refers to patients with psychiatric and/or substance use disorders. Boarding refers to t...
Military Commission Judges Do Not Have Unilateral Power to Punish for Contempt
Congressional Research Service · 2018-07-18 · Posts · 791 words
Brigadier General (Gen.) John G. Baker, Chief Defense Counsel of the Military Commission System, prevailed in his habeas case against a military commission judge who sentenced him to 21 days’ confinem...
Can a President Amend Regulations by Executive Order?
Congressional Research Service · 2018-07-18 · Posts · 1,470 words
An executive order signed by President Trump on July 10, 2018, raises the question of whether a President—with the stroke of a pen—can amend federal rules codified in the Code of Federal Regulations (...
Brett M. Kavanaugh: Selected Primary Material
Congressional Research Service · 2018-07-17 · Posts · 1,577 words · PDF available
On July 9, 2018, President Trump announced the nomination of Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to fill the impending vacancy on ...
Supreme Court Directs State Court to Decide Whether Indian Tribe Can Invoke Sovereign Immunity in Property Dispute
Congressional Research Service · 2018-07-16 · Posts · 2,202 words
Indian tribes possess “inherent sovereign authority,” which means, among other things, that they cannot be subject to lawsuits unless the tribe waives or Congress expressly abrogates such immunity. Re...
U.S. District Court Holds U.S. Citizen Can Challenge His Inclusion on “Kill List”
Congressional Research Service · 2018-07-10 · Posts · 1,547 words
In a decision by the U.S. District Court for the District of Columbia, the court held that a U.S. citizen who could allege sufficient facts to credibly demonstrate he is being targeted by the U.S. mil...
Hemp as an Agricultural Commodity
Congressional Research Service · 2018-07-09 · Reports · 23,155 words · PDF available
Industrial hemp is an agricultural commodity that is cultivated for use in the production of a wide range of products, including foods and beverages, cosmetics and personal care products, nutritional ...
Who Interprets Foreign Law in U.S. Federal Courts?
Congressional Research Service · 2018-07-09 · Posts · 1,342 words
Federal courts are frequently called upon to evaluate foreign law in a variety of contexts—from routine breach of contract and tort claims to complex cases implicating the judicial branch’s role in in...
Financial Reform: Overview of the Volcker Rule
Congressional Research Service · 2018-07-09 · Resources · 1,804 words
Background Legislators and regulators have long grappled with whether restricting the types of activities banks can engage in, or reforming banks’ structures, might reduce the risk of large bank failu...
State Election Reform Payments: FY2018 Appropriations
Congressional Research Service · 2018-07-09 · Resources · 1,240 words
Election infrastructure in at least 21 states was targeted by Russian hackers during the 2016 campaign, according to the U.S. Department of Homeland Security (DHS). The omnibus spending bill enacted i...
Rural Highways
Congressional Research Service · 2018-07-05 · Reports · 9,441 words · PDF available
Of the nation’s 4.1 million miles of public access roads, 2.9 million, or 71%, are in rural areas. Rural roads account for about 30% of national vehicle miles traveled. However, with many rural areas ...
Questions Remain, Litigation Continues, over Military Service by Transgender Individuals
Congressional Research Service · 2018-07-05 · Posts · 2,220 words
At present, the ability of openly transgender individuals to enlist and serve in the military, and receive certain military-funded medical care, remains unclear. Four lawsuits challenging the Presiden...
Partisan Gerrymandering: Supreme Court Provides Guidance on Standing and Maintains Legal Status Quo
Congressional Research Service · 2018-07-02 · Posts · 2,669 words
In a redistricting case that some predicted could have resulted in a “blockbuster” ruling, Gill v. Whitford, the Supreme Court issued a more limited, yet still consequential decision. On June 18, 2018...
FY2019 Funding for CCS and Other DOE Fossil Energy R&D
Congressional Research Service · 2018-07-02 · Resources · 1,165 words
Carbon Capture and Sequestration Overview Carbon capture and sequestration (CCS, sometimes called carbon capture and storage) is a process that aims to capture man-made carbon dioxide (CO2) at its sou...
Federal Quantum Information Science: An Overview
Congressional Research Service · 2018-07-02 · Resources · 1,603 words
Combining elements of mathematics, computer science, engineering, and physical sciences, quantum information science (QIS) has the potential to provide capabilities far beyond what is possible with th...
When Can You Be Convicted of a Crime That Is Not a Crime?
Congressional Research Service · 2018-06-29 · Posts · 554 words
A panel of the United States Court of Appeals for the Tenth Circuit (Tenth Circuit) recently upheld the murder conviction of a defendant who the court conceded had been “convicted of a crime that is n...
Hospital Charity Care and Related Reporting Requirements Under Medicare and the Internal Revenue Code
Congressional Research Service · 2018-06-28 · Resources · 1,640 words
Charity care is commonly understood to be, generally, an unrecovered cost written off by providers that results from providing care to individuals who are uninsured or who are otherwise unable to pay ...
Organizing Executive Branch Agencies: Who Makes the Call?
Congressional Research Service · 2018-06-27 · Posts · 1,809 words
In a series of executive orders, directives, and publicly released recommendations, the Trump Administration has proposed reorganizing the executive branch. The reorganization proposals range from res...
Psychiatric Institutionalization and Deinstitutionalization
Congressional Research Service · 2018-06-26 · Resources · 820 words
The history of mental health care in the United States can be understood as a period of institutionalization followed by one of deinstitutionalization. Federal law, however, has not been fully aligned...
T-Mobile – Sprint Merger
Congressional Research Service · 2018-06-26 · Resources · 1,490 words
On April 29, 2018, T-Mobile US and Sprint Corporation announced a merger agreement that could change competitive conditions within the telecommunications industries. T-Mobile is valuing Sprint at appr...
Supreme Court Holds That SEC Administrative Law Judges Are “Officers” Subject to the Appointments Clause
Congressional Research Service · 2018-06-22 · Posts · 2,252 words
On June 21, 2018, the Supreme Court released its opinion in Lucia v. Securities and Exchange Commission (SEC), holding that SEC administrative law judges (ALJs) are “Officers of the United States” wit...
Military Enjoined from Transferring American ISIS Suspect to Foreign Country—at Least for Now
Congressional Research Service · 2018-06-20 · Posts · 1,680 words
In Doe v. Mattis, a case with potential ramifications regarding the authority to conduct military operations against the Islamic State of Iraq and the Levant (ISIS), the U.S. Court of Appeals for the ...
If You Rent a Car, Don’t Move the Seat Back
Congressional Research Service · 2018-06-14 · Posts · 1,085 words
The Supreme Court recently announced its decision in Byrd v. United States. There, Pennsylvania police had pulled Byrd over “because he was driving with his hands at the 10 and 2’ position on the stee...
North American Free Trade Agreement (NAFTA)
Congressional Research Service · 2018-06-14 · Resources · 1,566 words
Overview NAFTA is a free trade agreement (FTA) among the United States, Canada, and Mexico that entered into force on January 1, 1994 (P.L. 103-182). At the time it was negotiated, NAFTA was unusual b...
UPDATE: Termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador: Key Takeaways and Analysis
Congressional Research Service · 2018-06-08 · Posts · 3,124 words
UPDATE: Following the publication of this Sidebar, the Department of Homeland Security (DHS) announced the termination of Temporary Protected Status (TPS) designation for Nepal and Honduras. DHS had o...
Endangered Species Considerations in Pesticide Use Restrictions: Background and Legislation
Congressional Research Service · 2018-06-07 · Resources · 1,539 words
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. 136 et seq.) requires that pesticides, before being approved for distribution or sale, must be registered by the U.S. Environme...
The Rise and Decline of the Alien Tort Statute
Congressional Research Service · 2018-06-06 · Posts · 1,551 words
A narrowly divided Supreme Court held in Jesner v. Arab Bank, PLC that foreign corporations may not be defendants in suits brought under the Alien Tort Statute (ATS). In its current form, the ATS prov...
Victim Restitution: Attorneys’ Fees for Internal Investigations?
Congressional Research Service · 2018-06-05 · Posts · 852 words
UPDATE, 6/5/2018: On May 29, 2018, the Supreme Court unanimously held that the Mandatory Victims Restitution Act does not authorize restitution to cover the costs of a victim’s private investigation c...
Masterpiece Cakeshop: Proving Government Hostility to Religion
Congressional Research Service · 2018-06-05 · Posts · 2,708 words
On June 4, 2018, the Supreme Court released its much-anticipated decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission. The case presented a dispute between the State of Colorado and a ...
Global Oil Markets and U.S. Gasoline Prices 2018
Congressional Research Service · 2018-05-30 · Resources · 1,446 words
As the 2018 U.S. summer driving season begins, crude oil and gasoline prices have reached their highest levels since 2014. The international crude oil price benchmark (Brent) has increased by approxim...
DACA Rescission: Legal Issues and Litigation Status
Congressional Research Service · 2018-05-23 · Posts · 2,360 words
On September 5, 2017, the Department of Homeland Security (DHS) issued a memorandum announcing its decision to rescind the Deferred Action for Childhood Arrivals initiative (DACA), which the Obama Adm...
Withdrawal from the Iran Nuclear Deal: Legal Authorities and Implications
Congressional Research Service · 2018-05-17 · Posts · 1,413 words
President Trump recently announced that the United States is withdrawing from the Joint Comprehensive Plan of Action (JCPOA) related to Iran’s nuclear program, which is often referred to as the “Iran ...
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI): Eligibility, Benefits, and Financing
Congressional Research Service · 2018-05-16 · Reports · 31,141 words · PDF available
The Social Security Administration (SSA) is responsible for administering two federal entitlement programs established under the Social Security Act that provide income support to individuals with sev...
U.S. Environmental Protection Agency (EPA) FY2018 Appropriations: Congressional Action
Congressional Research Service · 2018-05-16 · Resources · 1,514 words
Enacted March 23, 2018, the Consolidated Appropriations Act, FY2018 (P.L. 115-141), Division G, provided funding for Interior, Environment, and Related Agencies, including a total of $8.82 billion for...
The Supreme Court Bets Against Commandeering: Murphy v. NCAA, Sports Gambling, and Federalism
Congressional Research Service · 2018-05-16 · Posts · 2,270 words · PDF available
The Supreme Court recently held in Murphy v. NCAA that a federal law prohibiting states from “authorizing” sports gambling unconstitutionally “commandeered” the authority of state legislatures. In an ...
Overview of U.S. Environmental Protection Agency (EPA) Water Infrastructure Programs and FY2018 Appropriations
Congressional Research Service · 2018-05-09 · Resources · 1,512 words
Financing and investing in the nation’s drinking water and wastewater treatment systems has been an issue of increasing concern among stakeholders and many Members of Congress. Increased attention can...
How FDA Approves Drugs and Regulates Their Safety and Effectiveness
Congressional Research Service · 2018-05-08 · Reports · 14,101 words · PDF available
The Food and Drug Administration (FDA), a regulatory agency within the Department of Health and Human Services, regulates the safety and effectiveness of drugs sold in the United States. FDA divides t...
United States Off the Hook for Vacated Terror Judgment against Libya
Congressional Research Service · 2018-05-08 · Posts · 1,317 words
Update: The United States Court of Appeals for the Federal Circuit affirmed the decision below in Alimanestianu v. United States, disagreeing with plaintiffs that a 2015 Supreme Court case, Horne v. D...
U.S. LNG Trade Rising, But No Domestic Shipping
Congressional Research Service · 2018-05-04 · Resources · 1,625 words
As U.S. natural gas production sets new records, trade in liquefied natural gas (LNG) has risen sharply. Since 2016, when the first plant in the lower 48 states to cool gas to minus 260ºF for export o...