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Smart Meter Data: Privacy and Cybersecurity [February 3, 2012]
"Fueled by stimulus funding in the American Recovery and Reinvestment Act of 2009 (ARRA), electric utilities have accelerated their deployment of smart meters to millions of homes across the United States with help from the Department of Energy's Smart Grid Investment Grant program. As the meters multiply, so do issues concerning the privacy and security of the data collected by the new technology. This Advanced Metering Infrastructure (AMI) promises to increase energy efficiency, bolster electric power grid reliability, and facilitate demand response, among other benefits. However, to fulfill these ends, smart meters must record near-real time data on consumer electricity usage and transmit the data to utilities over great distances via communications networks that serve the smart grid. Detailed electricity usage data offers a window into the lives of people inside of a home by revealing what individual appliances they are using, and the transmission of the data potentially subjects this information to interception or theft by unauthorized third parties or hackers. Unforeseen consequences under federal law may result from the installation of smart meters and the communications technologies that accompany them. This report examines federal privacy and cybersecurity laws that may apply to consumer data collected by residential smart meters. It begins with an examination of the constitutional provisions in the Fourth Amendment that may apply to the data. As we progress into the 21st century, access to personal data, including information generated from smart meters, is a new frontier for police investigations. The Fourth Amendment generally requires police to have probable cause to search an area in which a person has a reasonable expectation of privacy. However, courts have used the third-party doctrine to deny protection to information a customer gives to a business as part of their commercial relationship. This rule is used by police to access bank records, telephone records, and traditional utility records. Nevertheless, there are several core differences between smart meters and the general third-party cases that may cause concerns about its application. These include concerns expressed by the courts and Congress about the ability of technology to potentially erode individuals' privacy."
Library of Congress. Congressional Research Service
Murrill, Brandon J.; Liu, Edward C.; Thompson, Richard M., II
2012-02-03
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Hydraulic Fracturing and the National Environmental Policy Act (NEPA): Selected Issues [April 25, 2012]
"Hydraulic fracturing is a technique used to recover oil and natural gas from underground low permeability rock formations. This process involves pumping fluids under high pressure into the formations to crack them, releasing oil and gas into the well. The technique has been the subject of controversy due to some of its potential effects on the environment. The National Environmental Policy Act (NEPA) requires federal agencies to consider the potential environmental consequences of the actions they propose to take by preparing one of three NEPA documents. Actions that fit within a categorical exclusion (CE) undergo a relatively low level of review because these are actions that an agency has found do not have a significant effect on the environment. A CE may not be used when extraordinary circumstances occur. An environmental assessment (EA) provides a more comprehensive level of review and may be prepared when an agency wishes to determine whether an action requires the preparation of an environmental impact statement (EIS). An EIS is the most comprehensive NEPA document; it requires, among other things, that the agency explain how the proposed action will affect the environment; what unavoidable adverse effects will result; and what alternatives to the proposed action exist. This report provides an overview of two situations in which agencies are arguing that they do not need to conduct a comprehensive environmental review of hydraulic fracturing under NEPA."
Library of Congress. Congressional Research Service
Murrill, Brandon J.
2012-04-25
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Hydraulic Fracturing: Chemical Disclosure Requirements [April 4, 2012]
"This report provides an overview of current and proposed laws at the state and federal levels that require the disclosure of the chemicals added to the fluid used in hydraulic fracturing. Currently, no such law or regulation exists at the federal level. In his 2012 State of the Union Address, President Barack Obama said he would obligate 'all companies that drill for gas on public lands to disclose the chemicals they use,' citing health and safety concerns. Not long afterward, a draft of a proposed fracking chemical disclosure rule from the Bureau of Land Management (BLM) that would require disclosure of the content of fracking fluids used on lands managed by BLM was disclosed. In addition, there have been legislative efforts in the 112th Congress. H.R. 1084 and S. 587, the Fracturing Responsibility and Awareness of Chemicals Act (FRAC Act), would create more broadly applicable disclosure requirements for parties engaged in hydraulic fracturing."
Library of Congress. Congressional Research Service
Murrill, Brandon J.; Vann, Adam
2012-04-04
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Hydraulic Fracturing: Chemical Disclosure Requirements [June 19, 2012]
"This report provides an overview of current and proposed laws and regulations at the state and federal levels that require the disclosure of the chemicals added to the fluid used in hydraulic fracturing. Currently, no such law or regulation exists at the federal level. In his 2012 State of the Union Address, President Barack Obama said he would obligate 'all companies that drill for gas on public lands to disclose the chemicals they use,' citing health and safety concerns. In May 2012, the Bureau of Land Management (BLM) published a proposed rule that would require disclosure of the content of fracturing fluids used on lands managed by the agency. In addition, there have been legislative efforts in the 112th Congress. H.R. 1084 and S. 587, the Fracturing Responsibility and Awareness of Chemicals Act (FRAC Act), would create more broadly applicable disclosure requirements for parties engaged in hydraulic fracturing. At the state level, the Interstate Oil and Gas Compact Commission, an organization with members that include state regulators and industry representatives, has argued that current regulation of hydraulic fracturing by the states is sufficient. At least 15 states already have some form of chemical disclosure requirements. These provisions vary widely, but generally indicate (1) which
parties must disclose information about chemical additives and whether these disclosures must be made to the public or a state agency; (2) what information about chemicals added to a fracturing fluid must be disclosed, including how specifically parties must describe the chemical makeup of the fracturing fluid and the additives that are combined with it; (3) what protections, if any, will be given to trade secrets; and (4) at what time disclosure must be made in relation to when fracturing takes place. Others states are in the process of considering disclosure laws or regulations."
Library of Congress. Congressional Research Service
Murrill, Brandon J.; Vann, Adam
2012-06-19
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Why Certain Trade Agreements are Approved as Congressional-Executive Agreements Rather Than Treaties [April 15, 2013]
"U.S. trade agreements such as the North American Free Trade Agreement (NAFTA), World Trade Organization agreements, and bilateral free trade agreements (FTAs) have been approved by majority vote of each house rather than by two-thirds vote of the Senate--that is, they have been treated as congressional-executive agreements rather than as treaties. The congressional-executive agreement has been the vehicle for implementing Congress's long-standing policy of seeking trade benefits for the United States through reciprocal trade negotiations. In a succession of statutes, Congress has authorized the President to negotiate and enter into tariff and nontariff barrier (NTB) agreements for limited periods, while permitting NTB and free trade agreements negotiated under this authority to enter into force for the United States only if they are approved by both houses in a bill enacted into public law and other statutory conditions are met; implementing bills are also accorded expedited consideration under the scheme. This negotiating authority and expedited procedures are commonly known as Trade Promotion Authority (TPA)."
Library of Congress. Congressional Research Service
Smith, Jane M.; Shedd, Daniel T.; Murrill, Brandon J.
2013-04-15
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Federal Permitting and Oversight of Export of Fossil Fuels [August 4, 2014]
From the Summary: "Recent technological developments have led to an increase in domestic production of natural gas and crude oil. As a result, there is interest among some parties in exporting liquefied natural gas (LNG) and crude oil to take advantage of international markets. This has placed new attention on the laws and regulations governing, and in many cases restricting, the export of fossil fuels. In most cases, export of fossil fuels requires federal authorization of both the act of exporting the fuel and the facility that will be employed to export the fuel. For example, the export of natural gas is permitted by the Department of Energy's Office of Fossil Energy, while the construction and operation of the export facility must be authorized by the Federal Energy Regulatory Commission (FERC). Oil exports are restricted, but an export that falls under one of several exemptions can be authorized by the Department of Commerce's Bureau of Industry and Security. Oil pipelines that cross international borders must be permitted by the State Department. Coal exports do not require special authorization specific to the commodity; however, as with natural gas and crude oil, other generally applicable federal statutes and regulations may apply to the export of coal."
Library of Congress. Congressional Research Service
Vann, Adam; Shedd, Daniel T.; Murrill, Brandon J.
2014-08-04
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Hydraulic Fracturing: Selected Legal Issues [October 22, 2013]
"Hydraulic fracturing is a technique used to recover oil and natural gas from underground low permeability rock formations. Its use along with horizontal drilling has been responsible for an increase in estimated U.S. oil and natural gas reserves. Hydraulic fracturing and related oil and gas production activities have been controversial because of their potential effects on public health and the environment. Several environmental statutes have implications for the regulation of hydraulic fracturing by the federal government and states. An amendment to the Safe Drinking Water Act (SDWA) passed as a part of the Energy Policy Act of 2005 (EPAct 2005) clarified that the Underground Injection Control (UIC) requirements found in the SDWA do not apply to hydraulic fracturing, although the exclusion does not extend to the use of diesel fuel in hydraulic fracturing operations. The underground injection of wastewater generated during oil and gas production (including hydraulic fracturing) does require a UIC permit under the SDWA, as do injections for enhanced oil and gas recovery operations. Under the Clean Water Act (CWA), parties seeking to discharge produced water may have to apply for a permit under the National Pollutant Discharge Elimination System. Under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) has issued new rules covering emissions of volatile organic compounds from hydraulic fracturing operations."
Library of Congress. Congressional Research Service
Vann, Adam; Murrill, Brandon J.; Tiemann, Mary
2013-10-22
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Contractors and HealthCare.gov: Answers to Frequently Asked Questions [January 24, 2014]
"The widely reported problems with the rollout of the HealthCare.gov website--the federal online health insurance portal called for by the Patient Protection and Affordable Care Act (ACA) (P.L. [Public Law] 111-148, as amended)--have prompted interest in the role that contractors played in developing this site. The Centers for Medicare and Medicaid Services (CMS) relied upon the services of over 50 vendors to build the site, which was reportedly largely unusable when it first became available to the public on October 1, 2013, and has been the subject of ongoing work since then. Given HealthCare.gov's problematic debut, questions have arisen about how CMS selected vendors to work on HealthCare.gov, and the terms of the vendors' contractual relationships with the government. […] The questions in this report are those that happen to have been frequently asked of the Congressional Research Service by congressional staffers. The inclusion of a particular question, or the exclusion of another question, should not be taken to indicate that particular factors did--or did not--contribute to HealthCare.gov's problematic debut. In addition, answers to these questions must often be provided in general terms, in part, because specific language in the parties' contracts may be subject to multiple interpretations and has not been construed by any court. […] The authors of this report rely upon third-party investigations of the facts and circumstances surrounding HealthCare.gov, and additional information may emerge regarding topics discussed herein. There is also a video, CRS [Congressional Research Service] WVB00013, 'Contractors and HealthCare.gov: Background in Brief', by L. Elaine Halchin and Kate M. Manuel, that addresses certain of these questions."
Library of Congress. Congressional Research Service
Manuel, Kate; Murrill, Brandon J.; Perry, Rodney M.
2014-01-24
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Federal Permitting and Oversight of Export of Fossil Fuels [September 17, 2013]
From the Introduction: "Partly as a result of the increased use of horizontal drilling and hydraulic fracturing to extract natural gas from shale formations in the United States, the domestic supply of natural gas has increased relative to demand, leading to lower domestic prices. This has generated increased interest by some U.S. companies in exporting liquefied natural gas (LNG) to take advantage of relatively higher prices in world markets. This new interest in exporting natural gas has also produced renewed interest in the laws and regulations governing the export of other fossil fuels, including crude oil, natural gas, and coal. This report reviews federal laws and the regulatory regime governing the export of natural gas, crude oil, and coal. This report provides an overview of federal laws and regulations and agency roles in authorizing and regulating the export of these fossil fuels. The report addresses several categories of federal laws and regulations, including (1) statutes that establish the authorization process for the actual export of any of the three listed fossil fuels; (2) statutes that govern the permitting of the facilities that export any of the listed fossil fuels; and (3) generally applicable trade statutes and treaties that affect exports of fossil fuels."
Library of Congress. Congressional Research Service
Murrill, Brandon J.; Shedd, Daniel T.; Vann, Adam
2013-09-17
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Contractor Fraud Against the Federal Government: Selected Federal Civil Remedies [April 1, 2014]
"Because the federal government relies heavily on contractors to supply it with goods and services, fraud by these contractors potentially costs the government billions of dollars annually. Detecting, prosecuting, and deterring contractor fraud poses a challenge to federal agencies, which often possess limited resources. To combat contractor fraud, Congress has enacted several statutes that allow the federal government--and in some instances, private parties--to recover damages, civil penalties, or forfeitures against parties that make false or fraudulent claims for payment or engage in other misconduct. These statutes may impose civil liability for conduct that does not amount to fraud under traditional common law definitions and potentially allow for significant recoveries. […] Congress is perennially interested in the scope of federal civil fraud remedy statutes. In order to be effective, these statutes must be broad enough to punish and deter fraud that often evades detection, wastes taxpayer funds, and negatively impacts government programs. On the other hand, if courts interpret a fraud statute so broadly that it imposes civil liability on contractors for minor regulatory violations or ordinary breaches of contract, contractors may decline to compete for government contracts, potentially leading to higher prices for the government."
Library of Congress. Congressional Research Service
Murrill, Brandon J.
2014-04-01
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Justice Antonin Scalia: His Jurisprudence and His Impact on the Court [March 18, 2016]
From the Document: "On February 13, 2016, Justice Antonin Scalia passed away unexpectedly at the age of 79, vacating a seat on the Supreme Court which he had held for nearly 30 years. Justice Scalia's lengthy tenure on the Court, coupled with his strongly held views on how constitutional and statutory texts are to be interpreted, led him to have significant influence on the development of the jurisprudence of various areas of law. He was also an active speaker and author outside the Court, having, among other things, recently coauthored a book which sought to articulate interpretative canons that would, in its authors' view, 'curb--even reverse--the tendency of judges to imbue authoritative texts with their own policy preferences' and 'provide greater certainty in the law, and hence greater predictability and greater respect for the rule of law.' Like his approaches to many legal issues in his opinions on the Court, Justice Scalia's approach to statutory interpretation in this book has prompted debate both over its desirability, as a normative matter, and over the consistency with which Justice Scalia applied that approach. This report discusses Justice Scalia's jurisprudence on key areas of law, as well as how that jurisprudence could be seen to have influenced the Court's approach to these subject matters. It begins with his views on two cross-cutting issues--the role of the judiciary and statutory interpretation--which highlight his well-known views about originalism, textualism, the importance of bright-line rules for judges to apply, and the proper role of the courts within the system of government established by the U.S. Constitution."
Library of Congress. Congressional Research Service
Manuel, Kate; Murrill, Brandon J.; Nolan, Andrew
2016-03-18
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Pipeline Transportation of Natural Gas and Crude Oil: Federal and State Regulatory Authority [March 28, 2016]
"Production of natural gas and crude oil from shales and other unconventional formations in the United States has expanded significantly due to new technologies such as hydraulic fracturing and horizontal drilling. This boom in production has increased investment in new pipeline infrastructure to gather and transport these resources from producing regions to domestic and foreign consumers. Pipelines represent a relatively safe means of transporting oil and gas as compared to other modes of transportation, but have the potential to cause harm to public health and the environment because of the hazardous materials they carry and the proximity of some pipelines to highly populated areas. Construction of new pipelines and related facilities may prompt congressional interest in the relationship between federal and state authority over siting and safety of pipeline infrastructure. States and localities arguably have an interest in oversight and regulation of pipeline projects within their borders. Such projects could potentially have environmental and safety impacts that could affect their residents. However, the federal government has in the past sought national uniformity in regulation of some aspects of pipeline transportation to provide consumers throughout the United States with access to an adequate supply of oil or gas resources at reasonable prices and to ensure safety and reliability of pipeline infrastructure. This report discusses the relationship between federal and state authority over siting and safety of crude oil and natural gas transmission and gathering pipelines and related facilities. The report does not examine authority over other modes of transportation such as rail, truck, or vessel transport. Nor does it examine in detail oil spill response or liability laws;7 underground storage of natural gas; or the relationship between federal and tribal authority over pipelines that cross Indian lands."
Library of Congress. Congressional Research Service
Murrill, Brandon J.
2016-03-28
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Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court [April 27, 2016]
From the Document: "This report provides an overview of Judge Garland's jurisprudence and discusses what the impact on the Court might be if he, or a judge of a similar judicial approach, were to be confirmed to succeed Justice Scalia. In particular, the report focuses upon those areas of law where Justice Scalia can be seen to have influenced the High Court's approach to certain issues, or served as a fifth and deciding vote on the Court, with a view toward how Judge Garland might approach those same issues if he were to be confirmed. The report begins with his views on two overarching issues-the role of the judiciary and statutory interpretation. It then addresses 14 separate areas of law, which are arranged in alphabetical order from 'administrative law' to 'takings.'The report includes one table which notes the cases where the Supreme Court has reviewed majority opinions written or joined by Judge Garland. Another table, in the appendix to the report, identifies Judge Garland's colleagues on the D.C. Circuit and lists notable cases involving Judge Garland and that colleague. A separate report is forthcoming that will list all opinions authored by Judge Garland during his tenure on the D.C. Circuit."
Library of Congress. Congressional Research Service
Nolan, Andrew; Manuel, Kate; Murrill, Brandon J.
2016-04-27
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Domestic Content Restricitons: The Buy American Act and Complementary Provisions of Federal Law [September 12, 2016]
"Broadly understood, domestic content restrictions are provisions which require that items purchased using specific funds appropriated or otherwise made available by Congress be produced or manufactured in the United States. Federal law contains a number of such restrictions, each of which applies to different entities and supplies, and imposes somewhat different requirements. Some of these restrictions have, however, been waived pursuant to the Trade Agreements Act (TAA). The Buy American Act of 1933 is the earliest and arguably the best known of the major domestic content restrictions. It generally requires federal agencies to purchase 'domestic end products' and use 'domestic construction materials' on contracts exceeding the micro-purchase threshold (typically $3,500) performed in the United States. Unmanufactured end products or construction materials qualify as 'domestic' if they are mined or produced in the United States. Manufactured ones are treated as 'domestic' if they are manufactured in the United States, and either (1) the cost of components mined, produced, or manufactured in the United States exceeds 50% of the cost of all components, or (2) the items are commercially available off-the-shelf items. Agencies may, however, purchase 'foreign' supplies in exceptional circumstances (purchase of domestic goods or use of domestic construction materials would be 'impracticable')."
Library of Congress. Congressional Research Service
Manuel, Kate; Dolan, Alissa M.; Murrill, Brandon J. . . .
2016-09-12
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International Investment Agreements (IIAs): Frequently Asked Questions [May 5, 2015]
"In recent decades, the United States has entered into binding investment agreements with foreign countries to facilitate investment flows, reduce restrictions on foreign investment and expand market access, and enhance investor protections, while balancing other policy interests. Some World Trade Organization (WTO) agreements address investment issues in a limited manner. In the absence of a comprehensive multilateral agreement, bilateral investment treaties (BITs) and investment chapters in free trade agreements (FTAs), known as international investment agreements (IIAs), have been the primary tools for promoting and protecting international investment. This report answers frequently asked questions about U.S. IIAs including provisions for investor-state dispute settlement."
Library of Congress. Congressional Research Service
Weiss, Martin A.; Akhtar, Shayerah Ilias; Murrill, Brandon J. . . .
2015-05-05
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International Investment Agreements (IIAs): Frequently Asked Questions [May 15, 2015]
From the Summary: "In recent decades, the United States has entered into binding investment agreements with foreign countries to facilitate investment flows, reduce restrictions on foreign investment and expand market access, and enhance investor protections, while balancing other policy interests. Some World Trade Organization (WTO) agreements address investment issues in a limited manner. In the absence of a comprehensive multilateral agreement, bilateral investment treaties (BITs) and investment chapters in free trade agreements (FTAs), known as international investment agreements (IIAs), have been the primary tools for promoting and protecting international investment. This report answers frequently asked questions about U.S. IIAs including provisions for investor-state dispute settlement."
Library of Congress. Congressional Research Service
Weiss, Martin A.; Akhtar, Shayerah Ilias; Murrill, Brandon J. . . .
2015-05-15
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Consumer Product Safety Commission (CPSC) and International Trade: Legal Issues [November 5, 2013]
"Most consumer products within the jurisdiction of the U.S. Consumer Product Safety Commission (CPSC) are imported into the United States. The CPSC is the central, federal authority for the promotion and enforcement of consumer product safety. In 2008, following several well-publicized national recalls of toys and children's products, many of which contained lead, Congress passed the Consumer Product Safety Improvement Act (CPSIA), which included provisions addressing the CPSC's role in ensuring the safety of imported and exported consumer products. With regard to import safety, the CPSC acts in coordination with U.S. Customs and Border Protection (CBP), Department of Homeland Security, to evaluate the safety of consumer products offered for import into U.S. customs territory. Working together with CBP, the CPSC attempts to identify shipments that are likely to contain consumer products which violate import provisions that the agency enforces. The CPSC also determines whether to admit certain consumer products offered for import into U.S. customs territory. Importers of products manufactured outside of the United States must certify that finished products comply with all rules, bans, standards, or regulations applicable to the product under any act enforced by the CPSC."
Library of Congress. Congressional Research Service
Murrill, Brandon J.
2013-11-05
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Federal Permitting and Oversight of Export of Fossil Fuels [January 7, 2014]
From the Summary: "Recent technological developments have led to an increase in the domestic supply of natural gas. As a result, there is interest among some parties in exporting liquefied natural gas (LNG) to take advantage of international markets. This has placed new attention on the laws and regulations governing the export of natural gas as well as other fossil fuels. In most cases, export of fossil fuels requires federal authorization of both the act of exporting the fuel and the facility that will be employed to export the fuel. For example, the export of natural gas is permitted by the Department of Energy's Office of Fossil Energy, while the construction and operation of the export facility must be authorized by the Federal Energy Regulatory Commission (FERC). Oil exports are generally forbidden, but an export that falls under one of several exemptions to the ban can be authorized by the Department of Commerce's Bureau of Industry and Security, while oil pipelines that cross international borders must be permitted by the State Department. […] Article XX of the GATT [General Agreement on Tariffs and Trade] provides additional exceptions that a member country may invoke if it is found to be in violation of any GATT obligations. For example, WTO [World Trade Organization] Members may maintain an otherwise GATT inconsistent measure if it is necessary to protect an exhaustible natural resource or necessary to protect human health or the environment. Article XIII requires that if an otherwise GATT inconsistent measure is permitted to remain in force due to an Article XX exception, the measure must be administered in a non-discriminatory manner. Export restrictions that treat WTO Members differently would appear not to satisfy the non-discriminatory requirements of Article XIII."
Library of Congress. Congressional Research Service
Vann, Adam; Shedd, Daniel T.; Murrill, Brandon J.
2014-01-07
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Domestic Content Restrictions: The Buy American Act and Complementary Provisions of Federal Law [January 6, 2014]
"Broadly understood, 'domestic content restrictions' are provisions which require that items purchased using specific funds appropriated by Congress be produced or manufactured in the United States. Federal law contains a number of such restrictions, each of which applies to different entities and supplies, and imposes somewhat different requirements. Some of these restrictions have, however, been waived pursuant to the Trade Agreements Act (TAA). The Buy American Act of 1933 is the earliest and arguably the best known of the major domestic content restrictions. […] The Berry Amendment, as currently codified in 10 U.S.C. §2533a, requires that food, clothing, tents, certain textile fabrics and fibers, and hand or measuring tools purchased by the Department of Defense (DOD) using appropriated or other funds be entirely grown, reprocessed, reused, or produced within the United States, with certain exceptions (e.g., procurements by vessels in foreign waters). […] The Buy America Act is the name commonly given to domestic content restrictions imposed on states, localities, and other non-federal entities as a condition of receiving certain grant funds administered by the Department of Transportation. The nature of the restrictions can vary depending upon the funds involved."
Library of Congress. Congressional Research Service
Manuel, Kate; Dolan, Alissa M.; Murrill, Brandon J. . . .
2014-01-06
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Modes of Constitutional Interpretation [March 15, 2018]
"Early in the history of the United States, the Supreme Court began to exercise the power that it is most closely and famously associated with--its authority of judicial review. In its 1803 decision in 'Marbury v. Madison,' the Supreme Court famously asserted and explained the foundations of its power to review the constitutionality of federal governmental action. During the two decades following its holding in 'Marbury,' the Court decided additional cases that helped to establish its power to review the constitutionality of state governmental action. If a challenged governmental action is unconstitutional, the Court may strike it down, rendering it invalid. When performing the function of judicial review, the Court must necessarily ascertain the meaning of a given provision within the Constitution, often for the first time, before applying its interpretation of the Constitution to the particular governmental action under review."
Library of Congress. Congressional Research Service
Murrill, Brandon J.
2018-03-15
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Judge Neil M. Gorsuch: His Jurisprudence and Potential Impact on the Supreme Court [March 8, 2017]
From the Document: "On January 31, 2017, President Donald J. Trump announced the nomination of Judge Neil M. Gorsuch of the U.S. Court of Appeals for the Tenth Circuit (Tenth Circuit) to fill the vacancy on the Supreme Court of the United States created by the death of Justice Antonin Scalia in 2016. Judge Gorsuch was appointed to the Tenth Circuit by President George W. Bush in 2006. The Tenth Circuit's territorial jurisdiction covers Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming, and parts of Yellowstone National Park that extend into Idaho and Montana. […] This report provides an overview of Judge Gorsuch's jurisprudence and discusses how the Supreme Court might be affected if he were to succeed Justice Scalia. In particular, the report focuses on those areas of law where Justice Scalia can be seen to have influenced the High Court's approach to particular issues or provided a fifth and deciding vote on the Court, with a view toward how the nominee might approach those same issues. The report begins by discussing the nominee's views on two cross-cutting issues-the role of the judiciary and statutory interpretation. It then addresses fourteen separate areas of law, arranged in alphabetical order, from 'administrative law' to 'takings.' The report includes a table that notes the cases where the Supreme Court has reviewed majority opinions written or joined by Judge Gorsuch. Another set of tables in this report analyzes the nominee's concurrences and dissents and those of his colleagues on the Tenth Circuit."
Library of Congress. Congressional Research Service
Nolan, Andrew; Lewis, Caitlain Devereaux; Manuel, Kate . . .
2017-03-08
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Section 232 Investigations: Overview and Issues for Congress [July 5, 2018]
"On March 8, 2018, President Trump issued two proclamations imposing duties on U.S. imports of certain steel and aluminum products, using presidential powers granted under Section 232 of the Trade Expansion Act of 1962. Section 232 authorizes the President to impose restrictions on certain imports based on an affirmative determination by the Department of Commerce (Commerce) that the targeted products are being imported into the United States 'in such quantities or under such circumstances as to threaten to impair the national security.' Section 232 investigations and actions are important for Congress as the Constitution gives it primary authority over international trade matters. In the case of Section 232, Congress has delegated the President broad authority to impose limits on imports in the interest of U.S. national security. The statute does not require congressional approval of any presidential actions that fall within its scope. In the Crude Oil Windfall Profit Tax Act of 1980, however, Congress amended Section 232 by creating a joint disapproval resolution provision under which Congress could override presidential actions in the case of adjustments to petroleum or petroleum product imports."
Library of Congress. Congressional Research Service
Fefer, Rachel F.; Jones, Vivian Catherine; Hammond, Keigh E. . . .
2018-07-05
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President's Authority to Withdraw the United States from the North American Free Trade Agreement (NAFTA) Without Further Congressional Action [March 5, 2019]
From the Document: "NAFTA [North American Free Trade Agreement] is an international trade agreement among the United States, Canada, and Mexico that became effective on January 1, 1994. The agreement includes market-opening provisions that remove tariff and nontariff barriers to trade, as well as other rules affecting trade in areas such as agriculture, customs procedures, foreign investment, government procurement, intellectual property protection, and trade in services. Congress approved and implemented NAFTA in domestic law in the NAFTA Implementation Act (P.L. 103-182, 107 Stat. 2057). On May 18, 2017, U.S. Trade Representative Ambassador Robert Lighthizer notified Congress that the Administration intended to renegotiate NAFTA. More than a year later, following the conclusion of the negotiations, President Trump signed a proposed replacement for NAFTA, the United States-Mexico-Canada Free Trade Agreement (USMCA), along with his counterparts from Canada and Mexico. President Trump has at times suggested that he will withdraw the United States from NAFTA unilaterally if Congress does not approve the USMCA."
Library of Congress. Congressional Research Service
Murrill, Brandon J.
2019-03-05
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WTO's Appellate Body Loses Its Quorum: is This the Beginning of the End for the 'Rules-Based Trading System'? [December 16, 2019]
From the Document: "Some trade practitioners, scholars, and other observers regard the multilateral World Trade Organization's (WTO's) dispute settlement mechanism as the 'crown jewel' of the international rules-based trading system. The WTO's architects believed that the enforceability of WTO rules through the dispute settlement mechanism, with the opportunity for appeal to the WTO's Appellate Body to resolve inconsistent dispute settlement panel interpretations, would further the stability and predictability of the multilateral trading system and avoid tit-for-tat trade retaliation, benefiting the global economy. On December 11, 2019, however, the Appellate Body lost its quorum of three members necessary for the Body to decide appeals of WTO dispute settlement panel decisions. [...] The dormancy of the WTO's Appellate Body, when coupled with the increasing use of unilateral trade measures by the United States and other countries to address issues that the trading system may be illequipped to resolve, has raised questions about the viability of an international trading regime based on enforceable trade rules. This Sidebar explores the background of the WTO Appellate Body's lack of quorum; examines proposals to reform the dispute settlement system; and discusses implications for Congress."
Library of Congress. Congressional Research Service
Murrill, Brandon J.
2019-12-16
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Presidential Authority to Address Tariff Barriers in Trade Agreements Under Section 103(a) [January 8, 2020]
From the Document: "The U.S. Constitution grants Congress the power to regulate trade with foreign nations and to lay and collect duties. Since the 1930s, Congress has periodically authorized the President to negotiate trade agreements and, among other actions, proclaim changes to U.S. tariff rates- known as Trade Promotion Authority (TPA). Currently, Section 103(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015) authorizes the President to enter into trade agreements with foreign countries to reduce 'duties or other import restrictions' that the President determines are 'unduly burdening and restricting' the United States' foreign trade and to proclaim limited changes to U.S. tariff rates without further congressional action. In September 2019, President Donald Trump announced his intention to enter into a free trade agreement (FTA) with Japan regarding tariff barriers using his limited proclamation authority under Section 103(a)."
Library of Congress. Congressional Research Service
Casey, Christopher A.; Murrill, Brandon J.
2020-01-08
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Section 232 Investigations: Overview and Issues for Congress [September 11, 2018]
"On March 8, 2018, President Trump issued two proclamations imposing duties on U.S. imports of certain steel and aluminum products, using presidential powers granted under Section 232 of the Trade Expansion Act of 1962. Section 232 authorizes the President to impose restrictions on certain imports based on an affirmative determination by the Department of Commerce (Commerce) that the targeted products are being imported into the United States 'in such quantities or under such circumstances as to threaten to impair the national security.' Section 232 investigations and actions are important for Congress, as the Constitution gives it primary authority over international trade matters. In the case of Section 232, Congress has delegated the President broad authority to impose limits on imports in the interest of U.S. national security. The statute does not require congressional approval of any presidential actions that fall within its scope. In the Crude Oil Windfall Profit Tax Act of 1980, however, Congress amended Section 232 by creating a joint disapproval resolution provision under which Congress could override presidential actions in the case of adjustments to petroleum or petroleum product imports."
Library of Congress. Congressional Research Service
Fefer, Rachel F.; Jones, Vivian Catherine; Hammond, Keigh E. . . .
2018-09-11
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Supreme Court's Overruling of Constitutional Precedent [September 24, 2018]
"By exercising its power to determine whether federal and state government actions are constitutional, the Supreme Court has developed a large body of judicial decisions, or 'precedents,' interpreting the Constitution. Rules and principles established in prior cases inform the Court's future decisions. The role that precedent plays in the Court's decisions on highly controversial issues has prompted debate over whether the Court should follow or overrule rules it established in prior decisions. Such questions underscore the challenges the Court faces in maintaining stability in the law by adhering to precedent under the doctrine of stare decisis so that parties may rely upon its decisions, while at the same time correcting prior decisions that rest on faulty reasoning, unworkable standards, abandoned legal doctrines, or outdated factual assumptions."
Library of Congress. Congressional Research Service
Murrill, Brandon J.
2018-09-24
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Section 232 Investigations: Overview and Issues for Congress [July 27, 2018]
"On March 8, 2018, President Trump issued two proclamations imposing duties on U.S. imports of certain steel and aluminum products, using presidential powers granted under Section 232 of the Trade Expansion Act of 1962. Section 232 authorizes the President to impose restrictions on certain imports based on an affirmative determination by the Department of Commerce (Commerce) that the targeted products are being imported into the United States 'in such quantities or under such circumstances as to threaten to impair the national security.' Section 232 investigations and actions are important for Congress as the Constitution gives it primary authority over international trade matters. In the case of Section 232, Congress has delegated the President broad authority to impose limits on imports in the interest of U.S. national security. The statute does not require congressional approval of any presidential actions that fall within its scope. In the Crude Oil Windfall Profit Tax Act of 1980, however, Congress amended Section 232 by creating a joint disapproval resolution provision under which Congress could override presidential actions in the case of adjustments to petroleum or petroleum product imports."
Library of Congress. Congressional Research Service
Fefer, Rachel F.; Jones, Vivian Catherine; Hammond, Keigh E. . . .
2018-07-27
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Section 232 Investigations: Overview and Issues for Congress [November 21, 2018]
"On March 8, 2018, President Trump issued two proclamations imposing tariffs on U.S. imports of certain steel and aluminum products, respectively, using presidential powers granted under Section 232 of the Trade Expansion Act of 1962. Section 232 authorizes the President to impose restrictions on certain imports based on an affirmative determination by the Department of Commerce (Commerce) that the targeted products are being imported into the United States 'in such quantities or under such circumstances as to threaten to impair the national security.' Section 232 investigations and actions are important for Congress, as the Constitution gives it primary authority over international trade matters. In the case of Section 232, Congress has delegated to the President broad authority to impose limits on imports in the interest of U.S. national security. The statute does not require congressional approval of any presidential actions that fall within its scope. In the Crude Oil Windfall Profit Tax Act of 1980, however, Congress amended Section 232 by creating a joint disapproval resolution provision under which Congress can override presidential actions in the case of adjustments to petroleum or petroleum product imports."
Library of Congress. Congressional Research Service
Fefer, Rachel F.; Jones, Vivian Catherine; Hammond, Keigh E. . . .
2018-11-21
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'National Security Exception' and the World Trade Organization [November 28, 2018]
"Recent international trade disputes between the United States and other Members of the World Trade Organization (WTO) have raised thorny questions about the relationship between national sovereignty and the multilateral rules-based trading system. In response to the Trump Administration's imposition of tariffs on U.S. imports of certain steel and aluminum products pursuant to authority provided in Section 232 of the Trade Expansion Act of 1962, several WTO Members have brought dispute settlement cases against the United States. The complaining parties, which include Canada, China, and the European Union, among others, have argued that the Section 232 measures, along with exemptions from the application of these measures for certain countries, are contrary to U.S. obligations in the WTO agreements. Many of these obligations are contained within various provisions in the General Agreement on Tariffs and Trade (GATT), the WTO's foundational agreement governing parties' international trade in goods. In retaliation to the Administration's tariffs, some of the complaining countries have imposed tariffs on certain U.S. exports without awaiting the outcome of WTO dispute settlement proceedings. These retaliatory measures, in turn, have been challenged by the United States at the WTO."
Library of Congress. Congressional Research Service
Murrill, Brandon J.
2018-11-28
