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Debate Over Selected Presidential Assistants and Advisors: Appointment, Accountability, and Congressional Oversight [March 31, 2014]
"A number of the appointments made by President Barack H. Obama to his Administration or by Cabinet secretaries to their departments have been referred to, especially by the news media, as 'czars.' For some, the term is used to convey an appointee's title (e.g., climate 'czar') in shorthand. For others, it is being used to convey a sense that power is being centralized in the White House or certain entities. When used in political science literature, the term generally refers to White House policy coordination or an intense focus by the appointee on an issue of great magnitude. Congress has noticed these appointments and in the 111th Congress examined some of them. The Senate Subcommittee on the Constitution of the Committee on the Judiciary, and the Senate Committee on Homeland Security and Governmental Affairs, for example, conducted hearings on the 'czar' issue on October 6, 2009, and October 22, 2009, respectively. One issue of interest to Congress may be whether some of these appointments (particularly some of those to the White House Office), made outside of the advice and consent process of the Senate, circumvent the requirements of the Appointments Clause of the U.S. Constitution. A second issue of interest may be whether the activities of such appointees are subject to oversight by Congress."
Library of Congress. Congressional Research Service
Schwemle, Barbara L.; Garvey, Todd; Chu, Vivian S. . . .
2014-03-31
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Reform of the Foreign Intelligence Surveillance Court (FISC): Selection of Judges [May 7, 2014]
"In the past year, the decisions and functions of the courts established under the Foreign Intelligence Surveillance Act (FISA) have received much public attention. FISA established two courts--the Foreign Intelligence Surveillance Court (FISC) and the FISA Court of Review-- which have jurisdiction to review government applications to conduct electronic surveillance for foreign intelligence purposes. Various proposals have been introduced in Congress to amend the law that authorizes such surveillance and to change the internal practices and procedures of the courts. This report focuses on those proposals that would amend the process for selecting the judges who serve on the FISC and FISA Court of Review. […] To understand the potential legal issues implicated by these proposals, this report first briefly reviews the constitutional method for appointing federal judges. The report also surveys the process of 'designation,' an alternative method used by Congress that allows current federal judges to serve temporarily on another federal court without undergoing a separate constitutional appointment. Lastly, the report explores how a reviewing court might evaluate the constitutionality of these proposals that would shift the authority to select FISA judges away from the Chief Justice alone, and vest it in other officials within the judicial, executive, and legislative branches."
Library of Congress. Congressional Research Service
Chu, Vivian S.
2014-05-07
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Reform of the Foreign Intelligence Surveillance Courts: Introducing a Public Advocate [March 21, 2014]
"Recent controversies over the nature of the government's foreign surveillance activity have prompted some to argue that the judiciary's review of government surveillance requests under the Foreign Intelligence Surveillance Act of 1978 (FISA) should be far more exacting. Accordingly, some have proposed transforming proceedings before the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Surveillance Court of Review, courts created pursuant to Article III of the Constitution, into a far more adversarial process where a designated attorney or 'public advocate' actively argues in opposition of some or all of the government's foreign surveillance requests. The concept of incorporating a public advocate into FISA proceedings is a novel one, as '[p]ublic [a]dvocates do not have any identical comparators in the American legal system.' The few analogues to the FISA public advocate proposals that do exist in American law appear in contexts far removed from the typical FISA proceedings, such as an administrative agency hearing or in a state court. While the novelty of such FISA reforms does not evidence that the law is constitutionally infirm, proposals recommending that a public advocate participate in the FISA court raise several difficult constitutional questions, the resolution of which will ultimately depend on the specific language of a particular law. This report will explore the novel legal concept that is the public advocate and discuss several major constitutional issues surrounding the FISA advocate idea, highlighting relevant issues to consider, including what is the legal role of a public advocate; how a FISA advocate can be constitutionally appointed; and whether employing a public advocate before a federal court adheres to the demands of the United States Constitution."
Library of Congress. Congressional Research Service
Nolan, Andrew; Thompson, Richard M., II; Chu, Vivian S.
2014-03-21
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Submission of Mental Health Records to NICS and the HIPAA Privacy Rule [February 20, 2014]
"Questions about the scope and efficacy of the background checks required during certain firearm purchases have gained prominence following recent mass shootings. These background checks are intended to identify whether potential purchasers are prohibited from purchasing or possessing firearms due to one or more 'prohibiting factors,' such as a prior felony conviction or a prior involuntary commitment for mental health reasons. Operationally, such background checks primarily use information contained within the National Instant Criminal Background Check System (NICS) and a particular focus of the debate in Congress has been whether federal privacy standards promulgated under the Health Insurance Portability and Accountability Act (i.e., the HIPAA [Health Insurance Portability and Accountability Act] Privacy Rule) or state privacy laws are an obstacle to the submission of mental health records to NICS. […] In February 2013, the Department of Health and Human Services (HHS) announced its intention to amend the HIPAA Privacy Rule to remove any potential impediments to state reporting of some mental health records to NICS, and on January 7, 2014, HHS issued its proposed rule that would modify the HIPAA Privacy Rule. The Department of Justice (DOJ) also issued a proposed rule that would clarify the terms 'adjudicated as a mental defective' and 'committed to a mental institution.'"
Library of Congress. Congressional Research Service
Redhead, C. Stephen; Chu, Vivian S.; Bagalman, Erin . . .
2014-02-20
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Executive Orders: Issuance, Modification, and Revocation [April 16, 2014]
"Executive orders, presidential memoranda, and proclamations are used extensively by Presidents to achieve policy goals, set uniform standards for managing the executive branch, or outline a policy view intended to influence the behavior of private citizens. The U.S. Constitution does not define these presidential instruments and does not explicitly vest the President with the authority to issue them. Nonetheless, such orders are accepted as an inherent aspect of presidential power. Moreover, if they are based on appropriate authority, they have the force and effect of law. This report discusses the nature of these written instruments, executive orders in particular, with a focus on the scope of presidential authority to execute such instruments, as well as judicial and congressional responses to their issuance."
Library of Congress. Congressional Research Service
Chu, Vivian S.; Garvey, Todd
2014-04-16
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No Second Amendment Cases for the Supreme Court's 2014-2015 Term...Yet [October 23, 2014]
"As the Supreme Court begins its 2014-2015 Term, it appears that there will be no cases involving the Second Amendment on its docket. Commentators have observed that the Court appears to have become 'gun shy' regarding this issue, given that it has not taken up a Second Amendment case since its landmark rulings in District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010. During the summer, the Court denied review in at least two cases challenging state firearms laws. One would have questioned whether it is permissible under the Second Amendment for New York City to require residents to pay $340 for a three-year residential handgun license, which they are required to have under state law in order to lawfully possess a handgun. The second would have questioned whether it is permissible under the Second Amendment for New Jersey to require applicants wishing to obtain a license to carry a concealed handgun to show a 'justifiable need.' Had the Court granted review in either of these cases, it would have further fine-tuned the scope of the Second Amendment, which thus far protects an individual right to possess a firearm and the use of that firearm 'in defense of hearth and home.' Despite the lack of guidance from the Supreme Court, there has been much activity in the lower courts, with several notable decisions issued this summer."
Library of Congress. Congressional Research Service
Chu, Vivian S.
2014-10-23
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Federal Laws and Legislation on Carrying Concealed Firearms: An Overview [November 22, 2011]
"Carrying a concealed firearm is an activity traditionally regulated by the states. Generally, each state has its own concealed carry eligibility laws and requirements, and determines which out-ofstate concealed carry permits it will recognize. Although regulating concealed carry has been left to the states, Congress has passed a few laws that authorize certain individuals to carry concealed firearms across state lines, notwithstanding individual state provisions. In addition, it has enacted a measure that permits individuals to carry concealed firearms on federal lands that are units of the National Park System and National Wildlife Refuge System. Yet, in the past few years, Congress has considered measures that would permit nationwide concealed carry and continues to consider legislation that would allow concealed carry on other federal lands. This report first provides an overview of how concealed carry is generally regulated among the states. It then summarizes the federal laws regulating concealed carry. Lastly, it examines the concealed carry legislation pending before 112th Congress. This report does not address carrying firearms on military installations by military personnel."
Library of Congress. Congressional Research Service
Chu, Vivian S.
2011-11-22
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Protection of Lawful Commerce in Arms Act: An Overview of Limiting Tort Liability of Gun Manufacturers [December 20, 2012]
"The Protection of Lawful Commerce in Arms Act (PLCAA, P.L. 109-92) was passed in 2005. The PLCAA generally shields licensed manufacturers, dealers, and sellers of firearms or ammunition, as well as trade associations, from any civil action 'resulting from the criminal or unlawful misuse' of a firearm or ammunition, but lists six exceptions where civil suits may be maintained. This act was introduced in response to litigation brought by municipalities and victims of shooting incidents against federally licensed firearms manufacturers and dealers, some of whom were located outside the state where the injuries occurred. Consequently, most lawsuits brought after the enactment of this law have been dismissed notwithstanding the exceptions that would permit a civil suit to proceed against a federal firearms licensee. This report provides an overview of the PLCAA and its exceptions, and discusses recent judicial developments."
Library of Congress. Congressional Research Service
Chu, Vivian S.
2012-12-20
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Emergency Response: Civil Liability of Volunteer Health Professionals [January 19, 2011]
"The devastation inflicted on the Gulf region by Hurricanes Katrina and Rita in 2005 and Hurricanes Gustav and Ike in 2008, in addition to recent disasters in the Midwest due to tornadoes and flooding, triggered mass relief efforts by local, state, and federal government agencies, as well as private organizations and individuals. As unpaid volunteers have carried out much of the relief effort, some have questioned whether such volunteers--particularly medical personnel, so-called 'volunteer health professionals' (VHPs)--will be protected from potential civil liability in carrying out their duties. This report provides a general overview of the various federal and state liability protections available to VHPs responding to disasters. This report does not discuss liability of VHPs who go abroad to render assistance."
Library of Congress. Congressional Research Service
Chu, Vivian S.
2011-01-19
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DC Gun Laws and Proposed Amendments [April 26, 2011]
"In the wake of the Supreme Court's decision in District of Columbia v. Heller, which declared three firearms provisions of the DC Code unconstitutional, a flurry of legislation was introduced both in Congress and in the District of Columbia Council. In the 110th Congress, the House of Representatives passed H.R. 6842, the Second Amendment Enforcement Act. In the 111th Congress, similar provisions were incorporated as an amendment to the District of Columbia Voting Rights Act of 2009 (S. 160), which was passed by the Senate. Later, separate measures, which also would have overturned or loosened many of the District's gun provisions, were introduced in both the House of Representatives (H.R. 5162) and the Senate (S. 3265). Meanwhile, the District Council passed its own legislation that made permanent amendments to DC's firearms control regulations. The two bills from the District are the Firearms Control Amendment Act of 2008 and the Inoperable Pistol Amendment Act of 2008, which amended the DC Code in an effort to comply with the ruling in Heller as well as provide a different range of restrictions on firearm possession. In the 112th Congress, Representative Mike Ross introduced H.R. 645, 'To restore Second Amendment rights in the District of Columbia.' This measure is identical to H.R. 5162 from the previous Congress. This report provides an analysis of the District's firearms laws and congressional proposals."
Library of Congress. Congressional Research Service
Chu, Vivian S.
2011-04-26
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Separating Power Series: Presidential Influence v. Control Over Independent Agencies [March 23, 2015]
"Congressional committees have launched probes to determine whether the White House exerted 'improper influence' on the development of the Federal Communication Commission's (FCC) recently approved net neutrality rule. The FCC is an independent agency headed by five commissioners, one of whom is selected by the President to be the Chairman. Critics of the approved rule argue that it noticeably deviates from initial proposals put forth by the FCC and, instead, closely aligns with the approach the President publicly outlined in November 2014. Because of this shift, and reports that the White House was involved in 'thwart[ing]' the FCC in its initial proposals, the committees question whether the President has overstepped his authority in a manner that threatens the independence of the FCC. It is generally thought that because the President cannot control independent agency action, such agencies are free from presidential influence; however, news of the events at the FCC has given rise to the age-old question--just how independent are independent agencies? This two-part post examines whether there are any legal limitations that prevent the President from influencing independent agencies."
Library of Congress. Congressional Research Service
Chu, Vivian S.; Garvey, Todd
2015-03-23
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Congressional Authority to Regulate Firearms: A Legal Overview [April 5, 2013]
"Congress has broad authority pursuant to the Commerce Clause to enact laws in areas that may overlap with traditional state jurisdiction. As such, Congress has passed complex statutory provisions that regulate the possession, receipt, transfer, and manufacture of firearms and ammunition. Generally, courts have upheld the validity of firearms laws pursuant to Congress's commerce power. However, courts have been confronted with the question of whether federal laws can be applied to intrastate possession and intrastate transfers of firearms, or whether such application exceeds the authority of Congress. This report explores these cases and how courts have analyzed these as-applied challenges under the Supreme Court's Commerce Clause jurisprudence primarily set forth in 'United States v. Lopez'."
Library of Congress. Congressional Research Service
Chu, Vivian S.
2013-04-05
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Debate Over Selected Presidential Assistants and Advisors: Appointment, Accountability, and Congressional Oversight [October 9, 2009]
"This report provides brief background information and selected views on the role of some of these appointees and discusses selected appointments in the Obama Administration. Additionally, it discusses some of the constitutional concerns that have been raised about presidential advisors. These include, for example, the kinds of positions that qualify as the type that must be filled in accordance with the Appointments Clause, with a focus on examining a few existing positions established by statute, executive order, and regulation. The report also reviews certain congressional oversight processes and assesses the applicability of these processes to presidential advisors. Legislative and non-legislative options for congressional consideration are presented. An Appendix provides tables showing selected appointments in the Administration of President Obama, the membership of the President's Cabinet, and selected legislation, introduced in the 111th Congress, related to the issues discussed in this report. This report will be updated as circumstances dictate."
Library of Congress. Congressional Research Service
Schwemle, Barbara L.; Tatelman, Todd; Chu, Vivian S. . . .
2009-10-09
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Introducing a Public Advocate into the Foreign Intelligence Surveillance Act's Courts: Select Legal Issues [October 25, 2013]
"Recent revelations about the size and scope of government foreign surveillance efforts have prompted some to criticize the level of scrutiny that the courts - established under the Foreign Intelligence Surveillance Act of 1978 (FISA) - currently provide with respect to the government's applications to engage in such surveillance. In response to concerns that the 'ex parte' nature of legal positions, some have proposed establishing an office led by an attorney or 'public advocate' who would represent the civil liberties interests of the general public and oppose the government's applications for foreign surveillance. The concept of a public advocate is a novel one for the American legal system, and, consequently the proposal raises several difficult questions of constitutional law. […] Other constitutional questions are prompted by FISA public advocate proposals. For example, separation of powers concerns that no branch should aggrandize itself at the expense of a co-equal branch may also prevent a public advocate from being housed within the judicial branch. Likewise, Article III of the Constitution may present an obstacle to efforts that would make appeals of FISA court decisions more frequent. This report will explore all of these difficult constitutional issues prompted by the idea of including a new adversary in FISA court proceedings."
Library of Congress. Congressional Research Service
Chu, Vivian S.; Thompson, Richard M., II; Nolan, Andrew
2013-10-25
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Federal Assault Weapons Ban: Legal Issues [February 14, 2013]
"In the 113th Congress, there has been renewed congressional interest in gun control legislation. On January 16, 2013, President Obama announced his support for legislation on gun control, including a ban on certain semiautomatic assault firearms and large capacity ammunition feeding devices. Senator Dianne Feinstein introduced S. 150, the Assault Weapons Ban of 2013, which would prohibit, subject to certain exceptions, the sale, transfer, possession, manufacturing, and importation of specifically named firearms and other firearms that have certain features, as well as the transfer and possession of large capacity ammunition feeding devices. Representative Carolyn McCarthy introduced a companion measure, H.R. [House Resolution] 437, in the House of Representatives. S. 150 is similar to the Assault Weapons Ban of 1994 (P.L. [Public Law] 103-322) that was in effect through September 13, 2004. The Assault Weapons Ban of 1994 was challenged in the courts for violating, among other things, the Equal Protection Clause and the Commerce Clause. This report reviews the disposition of these challenges. It also discusses Second Amendment jurisprudence in light of the Supreme Court's decision in 'District of Columbia v. Heller' and how lower courts have evaluated state and local assault weapons bans post-'Heller'."
Library of Congress. Congressional Research Service
Chu, Vivian S.
2013-02-14
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Debate Over Selected Presidential Assistants and Advisors: Appointment, Accountability, and Congressional Oversight [July 19, 2011]
"A number of the appointments made by President Barack Obama to his Administration or by Cabinet secretaries to their departments have been referred to, especially by the news media, as 'czars.' For some, the term is being used to quickly convey an appointee's title (e.g., climate 'czar') in shorthand. For others, it is being used to convey a sense that power is being centralized in the White House or certain entities. When used in the political-science literature, the term generally refers to White House policy coordination or an intense focus by the appointee on an issue of great magnitude. Congress has taken note of these appointments; several Members have introduced legislation or sent letters to President Obama to express their concerns. Legislation introduced in the 112th Congress includes H.R. 59, the Sunset All Czars Act, and H.Con.Res. 3, expressing the Sense of Congress on 'czars.' Section 2262 of P.L. 112-10, the Department of Defense and Full-Year Continuing Appropriations Act, 2011, enacted on April 15, 2011, prohibits the use of funds to pay the salaries and expenses for the Director of the White House Office of Health Reform; Assistant to the President for Energy and Climate Change; Senior Advisor to the Secretary of the Treasury assigned to the Presidential Task Force on the Auto Industry and Senior Counselor for Manufacturing Policy; and White House Director of Urban Affairs. […] The Senate Subcommittee on the Constitution of the Committee on the Judiciary, and the Senate Committee on Homeland Security and Governmental Affairs conducted hearings on the 'czar' issue in the 111th Congress on October 6, 2009, and October 22, 2009, respectively. A summary of the hearings is included in this report."
Library of Congress. Congressional Research Service
Schwemle, Barbara L.; Tatelman, Todd; Chu, Vivian S. . . .
2011-07-19
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Selected Federal Compensation Programs for Physical Injury or Death [April 27, 2009]
"This report describes a number of federal programs that Congress established to compensate or assist individuals who have suffered physical or psychological harm as a consequence of specific events (including the actions of others), or who have suffered specific types of physical or psychological harm. First, several program attributes--which are used subsequently to describe the specific programs--are discussed in general. Next, selected compensation programs are presented in three groupings, as mentioned above: (1) programs to compensate specified groups of individuals; (2) programs to compensate for specified types of illness or injury; and (3) hybrid programs. Next, three veterans' compensation programs are presented. Veterans' disability compensation is based on establishing a connection between an illness or injury and military service. Congress has on three occasions granted a presumption of a service-connection for a specific group of veterans. A final section describes four additional federal assistance programs that do not fit into the above classifications, but that may nonetheless be of interest to policymakers: the Federal Tort Claims Act, Stafford Act emergency and disaster assistance, the Breast and Cervical Cancer Treatment Program, and the World Trade Center Medical Monitoring and Treatment Program."
Library of Congress. Congressional Research Service
Lister, Sarah A.; Redhead, C. Stephen; Chu, Vivian S.
2009-04-27
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Role of Local Food Systems in U.S. Farm Policy [January 24, 2012]
"Sales of locally produced foods comprise a small but growing part of U.S. agricultural sales. USDA [United States Department of Agriculture] estimates that farm-level value of local food sales totaled about $4.8 billion in 2008, or about 1.6% of the U.S. market for agricultural products. An estimated total of 107,000 farms are engaged in local food systems, or about 5% of all U.S. farms. There is no established definition of what constitutes a 'local food.' Local and regional food systems generally refer to agricultural production and marketing that occurs within a certain geographic proximity (between farmer and consumer) or that involves certain social or supply chain characteristics in producing food (such as small family farms, urban gardens, or farms using sustainable agriculture practices). Some perceive locally sourced foods as fresher and higher in quality compared to some other readily available foods, and also believe that purchasing local foods helps support local farm economies and/or farmers that use certain production practices that are perceived to be more environmentally sustainable. […] The 2008 farm bill (P.L. 110-246, Food, Conservation, and Energy Act of 2008) contained a few program provisions that directly support local and regional food systems. However, many farm bill-related programs benefiting agricultural producers may provide support and assistance for such food systems. These include federal farm support and grant programs administered by the U.S. Department of Agriculture (USDA), which may be grouped into several broad program categories: marketing and promotion; business assistance; rural and community development; nutrition and education; agricultural research and cooperative extension; and farmland conservation. Examples include USDA's farmers' market programs, rural cooperative grants, and selected child nutrition programs, among myriad other grant and loan programs, as well as USDA's research and cooperative extension service."
Library of Congress. Congressional Research Service
Carpenter, David Hatcher; Chu, Vivian S.; Garvey, Todd
2012-01-24
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President Obama's January 4, 2012, Recess Appointments: Legal Issues [January 23, 2012]
"This report analyzes the legal issues associated with the President's asserted exercise of his Recess Appointments Clause power on January 4, 2012. The report begins with a general legal overview of the Recess Appointments Clause. This is followed by an analysis of two legal principles, standing and the political question doctrine, which may impede a reviewing court from reaching the merits of a potential legal challenge to the appointments. The examination of these justiciability issues is followed by an analysis of the constitutional validity of the appointments; potential statutory restrictions on a recess appointee's authority to exercise the powers of the CFPB [Bureau of Consumer Financial Protection]; and how actions taken by the recess appointees could be impacted by a court ruling that the appointments are unlawful. "
Library of Congress. Congressional Research Service
Carpenter, David Hatcher; Chu, Vivian S.; Garvey, Todd
2012-01-23
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Gun Trafficking and the Southwest Border [September 21, 2009]
"U.S. firearms laws currently govern the possession and transfer of firearms and provide penalties for the violation of such laws. 'Gun trafficking,' although not defined by statute, essentially includes the movement or diversion of firearms from legal to illegal markets. This report includes legal analyses of three ATF-investigated, Southwest border gun trafficking cases to illustrate the federal statutes that are typically violated as part of wider gun trafficking schemes. The report also examines anti-gun trafficking proposals introduced in the 110th Congress. So far, no similar proposals have been introduced in the 111th Congress. The report concludes with possible policy questions for Congress regarding the magnitude of Southwest border gun trafficking, the use and significance of ATF crime gun trace data, the possible ratification of an Inter-American Gun Trafficking Convention (CIFTA), and the adequacy of the federal statutes designed to deter and reduce illegal gun trafficking."
Library of Congress. Congressional Research Service
Krouse, William J.; Chu, Vivian S.
2009-09-21
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Gun Trafficking and the Southwest Border [July 29, 2009]
"U.S. firearms laws currently govern the possession and transfer of firearms and provide penalties for the violation of such laws. 'Gun trafficking,' although not defined by statute, essentially includes the movement or diversion of firearms from legal to illegal markets. This report includes legal analyses of three ATF-investigated, Southwest border gun trafficking cases to illustrate the federal statutes that are typically violated as part of wider gun trafficking schemes. The report also examines anti-gun trafficking proposals introduced in the 110th Congress. So far, no similar proposals have been introduced in the 111th Congress. The report concludes with possible policy questions for Congress regarding the magnitude of Southwest border gun trafficking, the use and significance of ATF crime gun trace data, the possible ratification of an Inter-American Gun Trafficking Convention (CIFTA), and the adequacy of the federal statutes designed to deter and reduce illegal gun trafficking."
Library of Congress. Congressional Research Service
Krouse, William J.; Chu, Vivian S.
2009-07-29
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Judgment Fund: History, Administration, and Common Usage [November 26, 2012]
From the Document: "The Judgment Fund is a permanent, indefinite appropriation that was created by Congress in 1956 to pay judgments entered against the United States. Generally, the United States cannot be sued unless it has waived its sovereign immunity. Originally, such waivers were rare, so individual claims were assigned to congressional committees, which in turn appropriated funds to satisfy the judgments. Prior to the creation of the Judgment Fund, the number of claims grew rapidly, taking up an increasing amount of Congress's time and resources. Eventually, the Judgment Fund was created to reduce Congress's workload, so that individual appropriations were not needed for each award entered. […] This report sets out specific instances in which the Fund can be accessed and illustrates the procedural mechanisms for obtaining payment under certain statutory causes of action. Although primarily used for the payment of principal awards, attorneys' fees and interest on awards may also be paid from the Fund. At the court's discretion, certain costs enumerated in 28 U.S.C. §1920 may be awarded to the prevailing party. In addition, certain statutes, such as the Federal Tort Claims Act, provide that attorneys' fees may be recovered by the prevailing party. In addition, interest that accrues after the judgment may also be payable from the Fund. This report provides examples of how the payments from the Fund may be made under the Equal Access to Justice Act, Contract Disputes Act, Notification and Federal Employee Anti-discrimination Act (No FEAR Act), and through tribe-specific judgment funds. In addition, this report will briefly highlight several recently proposed changes to the Judgment Fund's administration."
Library of Congress. Congressional Research Service
Chu, Vivian S.; Yeh, Brian T.
2012-11-26
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Judgment Fund: History, Administration, and Common Usage [March 7, 2013]
From the Document: "The Judgment Fund is a permanent, indefinite appropriation that was created by Congress in 1956 to pay judgments entered against the United States. Generally, the United States cannot be sued unless it has waived its sovereign immunity. Originally, such waivers were rare, so individual claims were assigned to congressional committees, which in turn appropriated funds to satisfy the judgments. Prior to the creation of the Judgment Fund, the number of claims grew rapidly, taking up an increasing amount of Congress's time and resources. Eventually, the Judgment Fund was created to reduce Congress's workload, so that individual appropriations were not needed for each award entered. […] This report sets out specific instances in which the Fund can be accessed and illustrates the procedural mechanisms for obtaining payment under certain statutory causes of action. Although primarily used for the payment of principal awards, attorneys' fees and interest on awards may also be paid from the Fund. At the court's discretion, certain costs enumerated in 28 U.S.C. §1920 [U.S. Code - Section 1920] may be awarded to the prevailing party. In addition, certain statutes, such as the Federal Tort Claims Act, provide that attorneys' fees may be recovered by the prevailing party. In addition, interest that accrues after the judgment may also be payable from the Fund. This report provides examples of how the payments from the Fund may be made under the Equal Access to Justice Act, Contract Disputes Act, Notification and Federal Employee Anti-discrimination Act (No FEAR Act), and through tribe-specific judgment funds."
Library of Congress. Congressional Research Service
Chu, Vivian S.; Yeh, Brian T.
2013-03-07
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Presidential Review of Independent Regulatory Commission Rulemaking: Legal Issues [September 10, 2012]
"Federal agencies regularly adopt rules, which have the force of law, to implement the statutes and programs authorized by Congress. Unless a statute directs otherwise, agencies generally must follow the requirements of the Administrative Procedure Act to promulgate rules. However, beginning with President Reagan, Presidents have maintained a centralized review process for 'significant regulatory actions.' Currently, Executive Order (EO) 12866, issued by President Clinton, imposes additional procedures agencies must follow before a rule can be finalized. This includes requiring agencies to submit proposed regulatory action to the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB) for review. Although EO 12866 applies to executive agencies, independent regulatory commissions (IRC) are not required to submit their rules to OIRA for review. Debates have arisen among scholars and legislators as to whether the President has the authority to require both executive agencies and IRCs to submit their regulations for review by OIRA. In the 112th Congress, Senator Rob Portman introduced S. 3468, the Independent Regulatory Agency Analysis Act of 2012. This bill would authorize the President to issue an executive order establishing centralized review procedures for IRCs. This report discusses the constitutionality and the legal effects of extending centralized review of rulemaking to IRCs."
Library of Congress. Congressional Research Service
Chu, Vivian S.; Shedd, Daniel T.
2012-09-10
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Internet Firearm and Ammunition Sales [August 28, 2012]
"As the Internet has become a significant venue for facilitating commercial transactions, concerns have arisen regarding the use of this medium to transfer firearms. This report discusses the sale of firearms and ammunition over the Internet, with a focus on the extent to which federal law regulates such activity. A review of the relevant factors indicates Internet-based firearm transactions are subject to the same regulatory scheme governing traditional firearm transactions. Over the years, this has raised concern about the possibility of increased violation of federal firearm laws, as well as challenges that law enforcement may face when attempting to investigate violations of these laws. A review of the relevant factors also indicates that the sale and transfer of ammunition are not as strictly regulated as firearms, and that these changes came into effect in 1986. Lastly, this report highlights recent legislative proposals, S. 3458 and H.R. 6241, companion measures introduced by Senator Frank Lautenberg and Representative Carolyn McCarthy in the 112th Congress that would affect online ammunition transactions."
Library of Congress. Congressional Research Service
Chu, Vivian S.
2012-08-28
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FBI Director: Appointment and Tenure [May 30, 2013]
From the Document: "The Director of the Federal Bureau of Investigation (FBI) is appointed by the President by and with the advice and consent of the Senate. The statutory basis for the present nomination and confirmation process was developed in 1968 and 1976, and has been used since the death of J. Edgar Hoover in 1972. Over this time, six nominations have been confirmed and two have been withdrawn by the President before confirmation. The position of FBI Director has a fixed 10-year term, and the officeholder cannot be reappointed, unless Congress acts to allow a second appointment of the incumbent. There are no statutory conditions on the President's authority to remove the FBI Director. One Director has been removed by the President since 1972. [...] This report first reviews the legislative history surrounding the enactment of the 1968 and 1976 amendments to the appointment of the FBI Director, as well as information on the nominees to the FBI Directorship since 1972. The report then provides a legal overview of the extension of a Director's tenure. This report will be updated as developments warrant."
Library of Congress. Congressional Research Service
Hogue, Henry B.; Chu, Vivian S.
2013-05-30
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FBI Director: Appointment and Tenure [February 19, 2014]
From the Document: "The Director of the Federal Bureau of Investigation (FBI) is appointed by the President by and with the advice and consent of the Senate. The statutory basis for the present nomination and confirmation process was developed in 1968 and 1976, and has been used since the death of J. Edgar Hoover in 1972. Over this time, seven nominations have been confirmed and two have been withdrawn by the President before confirmation. The position of FBI Director has a fixed 10-year term, and the officeholder cannot be reappointed, unless Congress acts to allow a second appointment of the incumbent. There are no statutory conditions on the President's authority to remove the FBI Director. Since 1972, one Director has been removed by the President. Robert S. Mueller III was the first FBI Director to be appointed to a second term, and this was done under special statutory arrangements. He was first confirmed by the Senate on August 2, 2001, with a term of office that expired in September 2011. In May 2011, President Barack Obama announced his intention to seek legislation that would extend Mueller's term of office for two years. Legislation that would allow Mueller to be nominated to an additional, two-year term was considered and passed in the Senate and the House, and President Obama signed the bill into law (P.L. [Public Law] 112-24) on July 26, 2011. Mueller subsequently was nominated and confirmed to the two-year term, and he served until September 4, 2013."
Library of Congress. Congressional Research Service
Chu, Vivian S.; Hogue, Henry B.
2014-02-19
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FBI Directorship: History and Congressional Action [July 25, 2011]
"The Director of the Federal Bureau of Investigation (FBI) is appointed by the President by and with the advice and consent of the Senate. The statutory basis for the present nomination and confirmation process was developed in 1968 and 1976, and has been used since the death of J. Edgar Hoover in 1972. Over this time, five nominations have been confirmed and two have been withdrawn by the President before confirmation. The position of FBI Director has a fixed 10-year term, and the officeholder may not be reappointed. There are no statutory conditions on the President's authority to remove the FBI Director. One Director has been removed by the President since 1972. The current FBI Director, Robert S. Mueller III, was confirmed by the Senate on August 2, 2001, and his term of office is set to expire in September 2011. In May 2011, President Barack Obama announced his intention to seek legislation that would extend Mr. Mueller's term of office for two years. On May 26, 2011, Senator Patrick Leahy introduced S. 1103, a bill that would extend the term of the incumbent Director of the Federal Bureau of Investigation. This bill was amended and passed by the Senate with unanimous consent on July 21, 2011. This report first provides some legislative history surrounding the enactment of the 1968 and 1976 amendments to the appointment of the FBI Director, as well as information on the nominees to the FBI Directorship since 1972. The report then discusses precedent for lengthening the tenure of an office and the constitutionality of extending the tenure of the Directorship for the current incumbent, and addresses whether it would be necessary for Mr. Mueller to be appointed a second time."
Library of Congress. Congressional Research Service
Chu, Vivian S.; Hogue, Henry B.
2011-07-25
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