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April 15, 2024 Definition of 'Charitable' Under Section 501(c)(3) Evolution of the 'Community Benefit' Standard Schedule H to Form 990 Part I: Quantifying 'Community Benefit' Part II: Community Building Activities [...]

April 14, 2023 On August 24, 2022, Secretary of Education Miguel Cardona announced that he would invoke the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act) to [...]

March 17, 2023 Title VII of the Foreign Intelligence Surveillance Act (FISA) generally addresses electronic surveillance and other methods of acquiring foreign intelligence information that are directed at targets outside [...]

January 24, 2023 Contents Introduction Budget Reconciliation Process Abbreviated Summary of Provisions Detailed Summary of Provisions Medicare Prescription Drug Price Negotiation Section 11001: Providing for Lower Prices for Certain High-Priced [...]

December 16, 2022 Nearly all litigants who successfully petition the Supreme Court to hear their claims do so after losing appeals in another court, such as in a state supreme [...]

September 13, 2022 On August 24, 2022, President Joe Biden announced a plan to cancel or reduce federal student loan balances for borrowers with annual income in 2020 or 2021 [...]

September 1, 2022 On March 4, 2022, the Supreme Court unanimously decided that the Foreign Intelligence Surveillance Act of 1978 (FISA) Section 106(f) does not displace the state secrets privilege [...]

September 16, 2022 On June 15, 2022, the Supreme Court unanimously decided American Hospital Association (AHA) v. Becerra, holding that the Secretary of Health and Human Services (HHS) lacked discretion [...]

On June 24, 2022, the Supreme Court decided Dobbs v Jackson Women's Health Organization, overturning Roe v. Wade, and holding that the U.S. Constitution does not confer a right to [...]

The Hyde Amendment, named after its original congressional sponsor, Representative Henry J. Hyde, refers to annual funding restrictions that Congress has regularly included in the annual appropriations acts for the [...]

April 28, 2022 Contents Totten v. United States: State Secrets Subject Matter Jurisdictional Bar United States v. Reynolds: State Secrets Evidentiary Privilege Asserting the Privilege Evaluating the Validity of the [...]

Updated June 21, 2021 On June 17, 2021, the Supreme Court issued its decision in California v. Texas, one of the most closely watched cases of this term. At stake [...]

January 27, 2021 Last year, both the Trump Administration and the 116th Congress granted temporary relief to certain student loan borrowers in response to the COVID-19 pandemic. On the first [...]

October 27, 2020 On November 10, 2020, the Supreme Court is scheduled to hear oral argument in California v. Texas (consolidated with the related case Texas v. California), a constitutional [...]

July 16, 2020 Although most eyes tracking Affordable Care Act (ACA) litigation may be drawn to California v. Texas during the Supreme Court's upcoming term, the Court handed down an [...]

June 26, 2020 As COVID-19 continues to spread, many public health authorities are turning to contact tracing--measures to identify, notify, and monitor infected individuals' contacts--to track potential COVID-19 exposure. Along [...]

June 26, 2020 Amid the ongoing COVID-19 pandemic, several states have developed and promoted contact-tracing mobile device apps to identify individuals who may have had contact with infected persons. Additionally, [...]

Charity care is commonly understood to be, generally, an unrecovered cost written off by providers that results from providing care to individuals who are uninsured or who are otherwise unable [...]

Updated November 3, 2017 Contents Frequently Asked Questions What Is the Independent Payment Advisory Board? Why Was the IPAB Created? Why Is the IPAB Controversial? What Triggers IPAB Action? Who [...]

Updated August 23, 2017 Contents Introduction Background Insurance Risk and Reinsurance The ACA and Risk Mitigation The Transitional Reinsurance Program Overview Aggregate Collection Amounts National Per Capita Reinsurance Contribution Payment [...]

April 1, 2014 Summary Beginning in the summer of 2013, media reports of foreign intelligence activities conducted by the National Security Agency (NSA) have been widely published. The reports have [...]

Contents Introduction What Information Is Being Collected? What Are the Legal Bases for the Collection? What Oversight Mechanisms Are in Place? Arguments For and Against the Two Programs Additional Background [...]

Removal of Detainees from the United States If there are no longer legal grounds to hold a detainee, the United States must terminate custody either through transfer or release. Persons [...]

Contents Introduction Detainee Transfer or Release from Guantanamo Transfer/Release of Guantanamo Detainees to a Country Other Than the United States Transfer of Detainees into the United States Detention and Treatment [...]

Contents Legal Issues Related to Protecting Critical Infrastructure Deference to Agency Decisions Availability of Judicial Review Questions of Fact Interpretations of Law Liability Concerns Freedom of Information Ex Parte Communications [...]

Contents Background: Threats and Consequences Cyberthreats Cyberterrorists Cyberspies Cyberthieves Cyberwarriors Cyberhacktivists Cyberthreats and Implications for U.S. Policy Overview of the Executive Order Scope of Presidential Authority Relationship to Legislative Proposals [...]

Contents Background Constitutional Authority to Require an Individual to Have Health Insurance Taxing Power Limits on the Taxing Power Supreme Court Review Power to Regulate Commerce Supreme Court Review Religious [...]

Contents Legal Issues Related to Protecting Critical Infrastructure Deference to Agency Decisions Availability of Judicial Review Questions of Fact Interpretations of Law Liability Concerns Proprietary and Confidential Business Information Legislation [...]

Contents Introduction Detainee Transfer or Release from Guantanamo Transfer/Release of Guantanamo Detainees to a Country Other Than the United States Transfer of Detainees into the United States Detention and Treatment [...]

Contents Introduction Detainee Transfer or Release from Guantanamo Transfer/Release of Guantanamo Detainees to a Country Other Than the United States Transfer of Detainees into the United States Detention and Treatment [...]

Contents Introduction Constitutional Limitations Fourth Amendment First Amendment History of Congressional Action Statutory Framework Federal Rules of Criminal Procedure and Subpoena Authorities Electronic Communications Privacy Act (ECPA) Foreign Intelligence Surveillance [...]

Contents Overview Background Distinction Between FISA Court Orders and Warrants in Criminal Investigations Distinction Between FISA Court Orders and National Security Letters Expiring FISA Amendments "Lone Wolf" Terrorists Historical Context […]

Contents Introduction Detainee Transfer or Release from Guantanamo Transfer/Release of Guantanamo Detainees to a Country other than the United States Transfer of Detainees into the United States Detention and Treatment […]

Contents Overview Background Distinction Between FISA Court Orders and Warrants in Criminal Investigations Distinction Between FISA Court Orders and National Security Letters Expiring FISA Amendments "Lone Wolf" Terrorists Historical Context […]

Contents Introduction 1 Detainee Transfer or Release from Guantanamo Transfer/Release of Guantanamo Detainees to a Country other than the United States Transfer of Detainees into the United States Detention and […]

July 20, 2009 Summary Following the terrorist attacks of 9/11, Congress passed the Authorization to Use Military Force (AUMF), which granted the President the authority "to use all necessary and […]

January 22, 2009 Summary Following the terrorist attacks of 9/11, Congress passed the Authorization to Use Military Force (AUMF), which granted the President the authority "to use all necessary and […]

January 6, 2009 SUMMARY Several recent amendments to the Foreign Intelligence Surveillance Act (FISA) will sunset on December 31, 2009. Section 6001(a) of the Intelligence Reform and Terrorism Protection Act […]