Policy Library

6,587 documents

Compelling Presidential Compliance with a Judicial Subpoena
Special Counsel Robert Mueller reportedly warned President Trump’s lawyers in a March meeting that if the President declined to participate in a voluntary interview, Mueller could issue a subpoena com...
Key Issues in FAA Reauthorization in the 115th Congress
Congressional Research Service · 2018-05-03 · Resources · 1,524 words
Background Reauthorization of federal civil aviation programs, including operations of the Federal Aviation Administration (FAA), has been a prominent issue in the 115th Congress. Congress has passed ...
The Travel Ban Case and Nationwide Injunctions
Congressional Research Service · 2018-05-02 · Posts · 2,004 words · PDF available
On Wednesday, April 25, 2018, the Supreme Court heard oral argument in the “travel ban” case, Trump v. Hawaii. While the case presents many significant issues, one that has received relatively less at...
Law Enforcement Access to Overseas Data Under the CLOUD Act
Law enforcement officials in the United States and abroad frequently seek access to electronic communications, such as emails and social media posts, stored on servers and in data centers in foreign c...
District Court Enjoins DACA Phase-Out: Explanation and Takeaways
Update 2: On April 24, 2018, a federal district court in the District of Columbia held that the rescission of the Deferred Action for Childhood Arrivals initiative (DACA) violates the Administrative P...
Can Corporations be Held Liable under the Alien Tort Statute?
Update: In a 5-4 opinion written by Justice Kennedy, the Supreme Court held that foreign corporations (including Arab Bank) may not be defendants in suits brought under the Alien Tort Statute. A Sideb...
Overview of “Travel Ban” Litigation and Recent Developments
This Sidebar provides an overview of the series of three executive actions (the first two taking the form of executive orders, and the third issued as a presidential proclamation) commonly referred to...
DOE Office of Electricity Delivery and Energy Reliability: Organization and FY2019 Budget Request
Congressional Research Service · 2018-04-20 · Resources · 976 words
Overview The Department of Energy’s (DOE’s) Office of Electricity Delivery and Energy Reliability (OE) has the lead role in addressing electricity infrastructure issues. Working with the Department of...
The International Space Station (ISS) and the Administration’s Proposal to End Direct NASA Funding by 2025
Congressional Research Service · 2018-04-18 · Resources · 1,660 words · PDF available
Introduction The Trump Administration’s FY2019 budget for the National Aeronautics and Space Administration (NASA) proposes to end direct NASA funding of the International Space Station (ISS) by 2025....
Murderous Schemes Are Not Violent Crimes?
The U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) recently held in U.S. v. McCollum that conspiracy to murder is not a violent crime for federal sentencing purposes. The comments of a...
Softwood Lumber Imports from Canada: Current Issues
Congressional Research Service · 2018-04-12 · Reports · 9,066 words · PDF available
Softwood lumber imports from Canada have been a persistent concern for Congress for decades. Canada is an important trading partner for the United States, but lumber production is a significant indust...
When the City Goes Broke: Pensions, Retirees, and Municipal Bankruptcies
In recent years, a significant number of cities, towns, and other municipalities in the United States have found themselves increasingly unable to pay their debts. In order to offer municipalities rel...
Sexual Harassment and Title VII: Selected Legal Issues
Congressional Research Service · 2018-04-09 · Reports · 28,624 words · PDF available
Title VII of the Civil Rights Act of 1964 (Title VII) generally prohibits discrimination in the workplace, but does not contain an express prohibition against harassment. The Supreme Court, however, h...
Commerce Department Announces Citizenship Question on 2020 Census and Lawsuits Filed
On March 26, 2018, the Commerce Department, which houses the U.S. Census Bureau, announced that the 2020 decennial census questionnaire will include a citizenship question. Thereafter, the State of Ca...
UPDATE: The End of the Deferred Action for Childhood Arrivals Program: Some Immediate Takeaways
UPDATE: Following the publication of this Sidebar, additional developments have arisen that affect the Trump Administration’s planned phase-out of the Deferred Action for Childhood Arrivals (DACA) pro...
Universal Basic Income Proposals for the United States
Congressional Research Service · 2018-04-03 · Resources · 1,533 words
Overview Conceptually, a universal basic income (UBI) program provides a modest cash income at regular intervals (e.g., each month or year) to all individuals meeting minimal eligibility criteria. A ...
Can Aliens in Immigration Proceedings Be Detained Indefinitely? High Court Rules on Statutory, but not Constitutional Authority
Recently, the Supreme Court in Jennings v. Rodriguez interpreted provisions of the Immigration and Nationality Act (INA) as authorizing the potentially indefinite detention of certain categories of al...
Supreme Court Considering Second Partisan Gerrymandering Case This Term
For a second time during the current term, the U.S. Supreme Court is considering a claim of unconstitutional partisan gerrymandering. On March 28, 2018, the Court heard oral argument in Benisek v. Lam...
District Court Decision May Help Pave the Way for Trump Administration’s Border Wall Plans
The construction of potentially hundreds of miles of fencing and other barriers along the U.S.-Mexico border is a key pillar of the Trump Administration’s border security strategy. Completing this obj...
Federal “Right-to-Try” Legislation: Legal Considerations
Congressional Research Service · 2018-03-30 · Posts · 1,757 words · PDF available
Congress has been engaged in a vigorous debate over how patients with life-threatening conditions may access investigational therapies that have not been approved under the Federal Food, Drug, and Cos...
Clarifying “Gibberish”: Supreme Court Holds That State Courts Can Hear Securities Act Lawsuits
On March 20, in a case watched closely by the securities bar, the Supreme Court addressed the implications of the Securities Litigation Uniform Standards Act of 1998 (SLUSA)—a statute that Justices Al...
Whose Line is it Anyway: Could Congress Give the President a Line-Item Veto?
In announcing his intention to sign H.R. 1625, the “Consolidated Appropriations Act, 2018,” President Trump, noting his concerns over the fiscal size of the bill, called on Congress to provide him wit...
Venezuela’s Petroleum Sector and U.S. Sanctions
Congressional Research Service · 2018-03-27 · Resources · 1,470 words
In response to the ongoing political and economic crisis in Venezuela, the United States has imposed targeted sanctions on certain Venezuelan individuals as well as broader financial sanctions on the ...
Capital Access: IPO and “IPO On-Ramp”
Congressional Research Service · 2018-03-26 · Resources · 1,637 words
Raising capital through public offerings was traditionally viewed as a significant step for companies to achieve growth and create jobs. Its importance, however, has deteriorated over the last two dec...
It Belongs in a Museum: Sovereign Immunity Shields Iranian Antiquities Even When It Does Not Protect Iran
Foreign sovereign immunity may protect property owned by nations designated as state sponsors of terrorism, even when it does not shield the nations themselves, the Supreme Court held in Rubin v. Isla...
FDA Risk Evaluation and Mitigation Strategies (REMS): Description and Effect on Generic Drug Development
Congressional Research Service · 2018-03-16 · Reports · 10,263 words · PDF available
The Federal Food, Drug, and Cosmetic Act (FFDCA) authorizes the Food and Drug Administration (FDA) to regulate the safety and effectiveness of drug products sold in the United States. The statutory st...
Prescription Drug User Fee Act (PDUFA): 2017 Reauthorization as PDUFA VI
Congressional Research Service · 2018-03-16 · Reports · 10,975 words · PDF available
The Prescription Drug User Fee Act (PDUFA, now called PDUFA I) was reauthorized as PDUFA VI by the Food and Drug Administration Reauthorization Act of 2017 (FDARA, P.L. 115-52). First passed by Congre...
Capital Access: SEC Regulation A+ (“Mini-IPO”)
Congressional Research Service · 2018-03-15 · Resources · 1,669 words
Companies turn to a variety of sources to access the funding they need to grow and make new investments. Among them are capital markets, segments of the financial system in which capital is raised thr...
Tax-Preferred College Savings Plans: An Introduction to Coverdells
Congressional Research Service · 2018-03-13 · Reports · 5,373 words · PDF available
A Coverdell ESA—often referred to simply as a Coverdell—is a tax-advantaged investment account that can be used to pay for both higher-education expenses and elementary and secondary school expenses. ...
The Constitutionality of Censuring the President
House Democrats have introduced a resolution that, if approved by the House, would formally “censure and condemn” President Trump for disparaging comments on immigration issues he allegedly made durin...
Does Executive Privilege Apply to the Communications of a President-elect?
Former White House Chief Strategist Stephen Bannon and outgoing White House Communications Director Hope Hicks both appeared recently before closed-door meetings of the House Permanent Select Committe...
The Renewable Fuel Standard: Is Legislative Reform Needed?
Congressional Research Service · 2018-03-08 · Resources · 1,656 words
There is widespread and heightened interest in the Renewable Fuel Standard (RFS) among some Members of Congress and stakeholders. Recent developments—including meetings between some Members of Congres...
UPDATED: The Latest on the SEC’s Consideration of the Proposed Acquisition of Chicago Stock Exchange
Congressional Research Service · 2018-03-07 · Posts · 1,579 words · PDF available
UPDATE: On February 15, 2018, the SEC disapproved CHX’s proposed rule change. The SEC based its decision on CHX’s inability to provide sufficient documentation verifying the relationships between and ...
Guns, Excise Taxes, Wildlife Restoration, and the National Firearms Act
Congressional Research Service · 2018-03-05 · Reports · 7,934 words · PDF available
Federal taxes on firearms and ammunition are collected through different methods and used for different purposes, depending on the nature of the firearms. Some tax receipts are used for wildlife resto...
Material Support for Terrorism Is Not Always an “Act of International Terrorism,” Second Circuit Holds
The U.S. Court of Appeals for the Second Circuit (Second Circuit) recently overturned a jury verdict deeming one of the largest financial institutions in the Middle East liable for providing financial...
A Bar Bouncer Equivalent for Planes in Flight
Two federal appellate courts recently upheld convictions under the federal statute that outlaws intimidating flight attendants aboard a commercial airline. Both cases involved boorish in-flight misco...
So, Now Can Menachem Zivotofsky Get His Passport Reissued to Say “Israel”?
Congressional Research Service · 2018-03-01 · Posts · 852 words · PDF available
Does the President’s proclamation recognizing Jerusalem as the capital of Israel have any effect on what goes on the passports of U.S. citizens born there? It appears that the executive branch could c...
Unemployment Compensation (UC) and Family Leave
Congressional Research Service · 2018-02-26 · Resources · 1,605 words
Introduction In general, unemployed workers who voluntarily exit the workforce for the care of a family member—including the birth, adoption, or care of a child—would be ineligible for unemployment co...
Inland Waterways Trust Fund
Congressional Research Service · 2018-02-26 · Resources · 1,366 words
Overview The Inland Waterways Trust Fund (IWTF) is a fund in the U.S. Treasury that receives revenues from a tax (also known as the inland waterway user fee) on commercial-barge fuel on federally desi...
Budgetary Effects of the BCA as Amended: The “Parity Principle”
Congressional Research Service · 2018-02-23 · Resources · 1,433 words
Enactment of the Bipartisan Budget Act of 2018 (BBA 2018; P.L. 115-123) has drawn attention to how recent spending modifications affect certain portions of the budget. Specifically, there has been con...
Financial Reform: Small Bank Holding Company Threshold
Congressional Research Service · 2018-02-23 · Resources · 1,632 words
Small bank holding companies and small thrift holding companies (hereafter collectively referred to as small BHCs) face less stringent regulation related to debt financed acquisitions and capital requ...
Dairy Provisions in the Bipartisan Budget Act (P.L. 115-123)
Congressional Research Service · 2018-02-22 · Resources · 1,452 words
The Bipartisan Budget Act of 2018 (BBA; P.L. 115-123) made important changes to the U.S. Department of Agriculture (USDA) dairy Margin Protection Program (MPP) and removed the cost cap on livestock in...
Russians Indicted for Online Election Trolling
The Department of Justice (DOJ) announced the grand jury indictment of three Russian companies and thirteen Russian nationals on February 16, 2018. The indictment alleges that the defendants took par...
Federal and Indian Lands on the U.S.-Mexico Border
Congressional Research Service · 2018-02-21 · Resources · 1,373 words · PDF available
The federal government owns roughly 640 million acres of land, about 28% of the 2.27 billion acres of land in the United States. In addition, the Bureau of Indian Affairs (BIA), in the Department of t...
Campus-Based Student Financial Aid Programs Under the Higher Education Act
Congressional Research Service · 2018-02-20 · Reports · 10,077 words · PDF available
Three Higher Education Act (HEA) student financial aid programs—the Federal Supplemental Educational Opportunity Grant (FSEOG) program, the Federal Work-Study (FWS) program, and the Federal Perkins Lo...
How Many People Experience Homelessness?
Congressional Research Service · 2018-02-16 · Resources · 1,285 words · PDF available
Attempts by the federal government to estimate the number of people who are homeless have only taken place on a regular basis for a little more than a decade. Prior to that, there had been several nat...
Agriculture Funding in the Bipartisan Budget Act of 2018
Congressional Research Service · 2018-02-16 · Resources · 1,232 words
On February 9, 2018, Congress passed the Bipartisan Budget Act of 2018 (P.L. 115-123), which broadly authorized supplemental appropriations, including for crop and livestock losses from the 2017 hurri...
HPSCI Memorandum Sparks Debate over FISA Application Requirements
The recent disclosure by the House Permanent Select Committee on Intelligence (HPSCI) of a declassified memorandum written by HPSCI majority staff has sparked a renewed conversation about the governme...
Hunting and Fishing on Federal Lands and Waters: Overview and Issues for Congress
Congressional Research Service · 2018-02-14 · Reports · 14,171 words
This report provides an overview of issues related to hunting and fishing on federal lands. Each year millions of individuals participate in hunting and fishing activities, bringing in billions of dol...
The Half Trillion Dollar Ruling: Latest Dodd-Frank Case Narrows “Skin-in-the-Game” Rule
Last week, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) held that the Dodd-Frank Wall Street Reform and Consumer Protection Act’s (Dodd-Frank’s) risk-retention requirements—which one ...