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 Decade: 2000-2009
 Year: 2006
 Collection: Congressional Research Service Reports
Interrogation of Detainees: Overview of the McCain Amendment
Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with related U.S. statutes and treaties. Certain provisions of the Detainee Treatment Act (DTA), first introduced by Senator John McCain, have popularly been referred to as the "McCain Amendment." This report discusses the McCain amendment and the application of the McCain amendment by the Department of Defense (DOD) in the updated 2006 version of the Army Field Manual. digital.library.unt.edu/ark:/67531/metacrs10291/
Immigration Consequences of Criminal Activity
This report discusses the potential immigration consequences of criminal activity. “Criminal activity” generally refers to conduct for which an alien has been found or plead guilty before a court of law, though in limited circumstances consequences may attach to the commission of a crime or admission of acts constituting the essential elements of a crime. Consequences may flow from violations of either federal, state or, in many circumstances, foreign criminal law. Some federal crimes are set out in the INA itself — alien smuggling, for example. However, not all violations of immigration law are crimes. Notably, being in the U.S. without legal permission — i.e., being an “illegal alien” — is not a crime in and of itself. Thus, for example, an alien who overstays a student visa may be an “illegal alien,” in that the alien may be subject to removal from the U.S., but such an alien is not a “criminal alien.” digital.library.unt.edu/ark:/67531/metacrs9934/
Immigration Consequences of Criminal Activity
Congress has the authority to determine classes of aliens who may be admitted into the United States and the grounds for which they may be removed. Pursuant to the Immigration and Nationality Act (INA), as amended, certain conduct may either disqualify an alien from entering the United States ("inadmissibility") or provide grounds for his or her removal/deportation. Prominently included among this conduct is criminal activity. This report explores this issue in-depth, especially the difference between the terms "illegal alien" and "criminal alien" and relevant legislation. digital.library.unt.edu/ark:/67531/metacrs10416/
International Terrorism: Threat, Policy, and Response
This report examines international terrorist actions, threats, U.S. policies and responses. It reviews the nation’s use of tools at its disposal to combat terrorism, from diplomacy, international cooperation, and constructive engagement to physical security enhancement, economic sanctions, covert action, and military force. digital.library.unt.edu/ark:/67531/metacrs9506/
International Terrorism: Threat, Policy, and Response
This report examines international terrorist actions, threats, U.S. policies and responses. It reviews the nation’s use of tools at its disposal to combat terrorism, from diplomacy, international cooperation, and constructive engagement to physical security enhancement, economic sanctions, covert action, and military force. digital.library.unt.edu/ark:/67531/metacrs9505/
Interrogation of Detainees: Overview of the McCain Amendment
Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with related U.S. statutes and treaties. Certain provisions of the Detainee Treatment Act (DTA), first introduced by Senator John McCain, have popularly been referred to as the "McCain Amendment." This report discusses the McCain amendment and also discusses the application of the McCain Amendment by the DOD in the updated 2006 version of the Army Field Manual. digital.library.unt.edu/ark:/67531/metacrs10292/
Gun Legislation in the 109th Congress
Congress continues to debate the efficacy and constitutionality of federal regulation of firearms and ammunition. It is a contentious debate, with strong advocates for and against the further federal regulation of firearms. Gun control advocates argue that federal regulation of firearms curbs access by criminals, juveniles, and other "high-risk" individuals, among other things. Gun control opponents deny that federal policies keep firearms out of the hands of high-risk persons; rather, they argue, controls often create burdens for law-abiding citizens and infringe upon constitutional rights provided by the Second Amendment. This report describes the details of this ongoing debate, including several pieces of legislation related to the issue. digital.library.unt.edu/ark:/67531/metacrs10384/
Latin America: Terrorism Issues
In the aftermath of the September 2001 terrorist attacks on New York and Washington, D.C., U.S. attention to terrorism in Latin America intensified, with an increase in bilateral and regional cooperation. Latin American nations strongly condemned the attacks. This report outlines the U.S.-Latin American relationship in regards to terrorism, including several pieces of international counterterrorism legislation, including the Inter-American Convention Against Terrorism and the Organization of American States. digital.library.unt.edu/ark:/67531/metacrs10273/
Direct Assaults Against Presidents, Presidents-Elect, and Candidates
Direct assaults against Presidents, Presidents-elect, and candidates have occurred on 15 separate occasions, with five resulting in death. Ten incumbents (about 24% of the 42 individuals to serve in the office), including four of the past six Presidents, have been victims or targets. Four of the ten (and one candidate) died as a result of the attacks. This report identifies these incidents and provides information about what happened, when, where, and, if known, why. digital.library.unt.edu/ark:/67531/metacrs9150/
Material Support of Terrorists and Foreign Terrorist Organizations: Sunset Amendments
No Description digital.library.unt.edu/ark:/67531/metacrs8645/
Federal Habeas Corpus: An Abridged Sketch
This report discusses federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often invoked after conviction and the exhaustion of the ordinary means of appeal. It is at once the last refuge of scoundrels and the last hope of the innocent. It is an intricate weave of statute and case law whose reach has flowed and ebbed over time. digital.library.unt.edu/ark:/67531/metacrs8968/
Federal Habeas Corpus: A Brief Legal Overview
This report discusses Federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. digital.library.unt.edu/ark:/67531/metacrs8969/
Federal Habeas Corpus Relief: Background, Legislation, and Issues
This report examines the issues surrounding the debate on whether to further restrict state prisoners’ access to federal habeas corpus filings. This report does not discuss issues related to federalism and the proper role of the federal court system in overseeing the actions of state courts pertaining to prisoners’ constitutional rights. The report opens with a discussion of a commission that was established in 1988 to study and make recommendations of the then-current federal habeas corpus system and the 1996 law that restricted prisoners’ access to federal habeas corpus relief. It then provides an analysis of federal habeas corpus petition data since 1990. The report examines whether the number of federal habeas corpus petitions and the time it takes for the federal court system to process these claims have increased since the enactment of the the Anti-Terrorism and Effective Death Penalty Act (AEDPA). It then discusses legislation introduced in the 109th Congress that would further restrict state prisoners’ access to federal habeas corpus relief. The report concludes with an analysis of two dominant issues that are at the center of this debate: delays caused by habeas corpus petitions and post-conviction representation. digital.library.unt.edu/ark:/67531/metacrs8967/
Trends in Terrorism: 2006
No Description digital.library.unt.edu/ark:/67531/metacrs9484/
Krouse, William J.
Congress continues to debate the efficacy and constitutionality of federal regulation of firearms and ammunition. It is a contentious debate, with strong advocates for and against the further federal regulation of firearms. Gun control advocates argue that federal regulation of firearms curbs access by criminals, juveniles, and other "high-risk" individuals. Gun control opponents deny that federal policies keep firearms out of the hands of high-risk persons; rather, they argue, control often create burdens for law-abiding citizens and infringe upon constitutional rights provided by the Second Amendment. This report explores this issue in greater detail, including related legislation. digital.library.unt.edu/ark:/67531/metacrs10383/
Interrogation of Detainees: Overview of the McCain Amendment
Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with related U.S. statutes and treaties. Certain provisions of the Detainee Treatment Act (DTA), first introduced by Senator John McCain, have popularly been referred to as the "McCain Amendment." This report discusses the McCain amendment and also discusses the application of the McCain Amendment by the DOD in the updated 2006 version of the Army Field Manual. digital.library.unt.edu/ark:/67531/metacrs10293/
Interrogation of Detainees: Overview of the McCain Amendment
Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain Amendment.” This report discusses the McCain Amendment, as modified and subsequently enacted into law. digital.library.unt.edu/ark:/67531/metacrs9888/
Interrogation of Detainees: Overview of the McCain Amendment
Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain Amendment.” This report discusses the McCain Amendment, as modified and subsequently enacted into law. digital.library.unt.edu/ark:/67531/metacrs9922/
Interrogation of Detainees: Overview of the McCain Amendment
This report discusses the Detainee Treatment Act (DTA), which contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain amendment.” This report discusses the McCain amendment, as modified and subsequently enacted into law. This report also discusses the application of the McCain amendment by the DOD in the updated 2006 version of the Army Field Manual, particularly in light of the Supreme Court’s ruling in Hamdan v. Rumsfeld. digital.library.unt.edu/ark:/67531/metacrs9887/
Latin America: Terrorism Issues
This report discusses terrorism in the region tri-border area (TBA) of Argentina, Brazil, and Paraguay has been a regional hub for Hizballah and Hamas fundraising activities. The report also examines activity by Cuba, which has been designated by the State Department as a state sponsor of terrorism since 1982, and asserts that Venezuela has virtually ceased its cooperation in the global war on terror. digital.library.unt.edu/ark:/67531/metacrs10147/
Latin America: Terrorism Issues
This report discusses terrorism in the region tri-border area (TBA) of Argentina, Brazil, and Paraguay has been a regional hub for Hizballah and Hamas fundraising activities. The report also examines activity by Cuba, which has been designated by the State Department as a state sponsor of terrorism since 1982, and asserts that Venezuela has virtually ceased its cooperation in the global war on terror. digital.library.unt.edu/ark:/67531/metacrs9869/
Latin America: Terrorism Issues
This report discusses terrorism in the region tri-border area (TBA) of Argentina, Brazil, and Paraguay has been a regional hub for Hizballah and Hamas fundraising activities. The report also examines activity by Cuba, which has been designated by the State Department as a state sponsor of terrorism since 1982, and asserts that Venezuela has virtually ceased its cooperation in the global war on terror. digital.library.unt.edu/ark:/67531/metacrs9535/
Military Aviation: Issues and Options for Combating Terrorism and Counterinsurgency
This report provides background on terrorism and non-state actor challenges, and how military aviation may contribute to operations against these actors. The report discusses issues associated with the use of military aviation against non-state actors, and potential options for consideration. digital.library.unt.edu/ark:/67531/metacrs8470/
Criminal Money Laundering Legislation in the 109th Congress
This report gives a brief overview of U.S. law as it relates to the crime of money laundering by identifying bills in the 109th Congress that have amended definitions or sentencing for money laundering and predicated offenses. digital.library.unt.edu/ark:/67531/metadc824813/
The Death Penalty: Capital Punishment Legislation in the 109th Congress
This report discusses legislation regarding the death penalty in the 109th Congress. The USA PATRIOT Improvement and Reauthorization Act (Reauthorization Act) contains a number of death penalty related provisions. Some create new federal capital offenses; some add the death penalty as a sentencing option in the case of preexisting federal crimes; some alter the procedural attributes of federal capital cases. Other proposals offered during the 109th Congress would have followed the same pattern: some new crimes; some new penalties for old crimes; and some procedural adjustments. Only one of the other proposals, the Adam Walsh Child Protection and Safety Act, passed, although at least one House approved several others. Three proposals do not fit the pattern; they either would have abolished the death penalty as a federal sentencing alternative or would have imposed a moratorium upon executions. digital.library.unt.edu/ark:/67531/metadc822361/
The Death Penalty: Capital Punishment Legislation in the 109th Congress
This report discusses legislation regarding the death penalty in the 109th Congress. The USA PATRIOT Improvement and Reauthorization Act (Reauthorization Act) contains a number of death penalty related provisions. Some create new federal capital offenses; some add the death penalty as a sentencing option in the case of preexisting federal crimes; some alter the procedural attributes of federal capital cases. Other proposals offered during the 109th Congress would have followed the same pattern: some new crimes; some new penalties for old crimes; and some procedural adjustments. Only one of the other proposals, the Adam Walsh Child Protection and Safety Act, passed, although at least one House approved several others. Three proposals do not fit the pattern; they either would have abolished the death penalty as a federal sentencing alternative or would have imposed a moratorium upon executions. digital.library.unt.edu/ark:/67531/metadc818326/
Extraterritorial Application of American Criminal Law
Crime is ordinarily proscribed, tried and punished according to the laws on the place where it occurs. American criminal law applies beyond the geographical confines of the United States, however, under some limited circumstances. The federal exceptions to the general rule usually involve crimes like drug trafficking, terrorism, or crimes committed aboard a ship or airplane. State prosecution for overseas misconduct is limited almost exclusively to multijurisdictional crimes, i.e., crimes where some elements of the offense are committed within the state and others are committed abroad. The Constitution, Congress, and state law define the circumstances under which American criminal law may be used against crimes occurring, in whole or in part, outside the United States digital.library.unt.edu/ark:/67531/metacrs9325/
Enemy Combatant Detainees:
In Rasul v. Bush, a divided Supreme Court declared that “a state of war is not a blank check for the president” and ruled that persons deemed “enemy combatants” have the right to challenge their detention before a judge or other “neutral decision-maker.” This report provides an overview of the CSRT procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act, analyzing how it might affect detainee-related litigation in federal court. digital.library.unt.edu/ark:/67531/metacrs9899/
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
There have been inconsistent opinions in the District Court for the District of Columbia as to whether detainees who are suspected of connections to terrorist actions have any enforceable rights to challenge their treatment and detention. This report describes issues surrounding the writ of habeas corpus as it relates to detaining and imprisonment in matters of counterterrorism. This report also includes several legal cases and pieces of legislation in regards to this issue. digital.library.unt.edu/ark:/67531/metacrs10350/
Drug Control: International Policy and Approaches
Over the past decade, worldwide production of illicit drugs has risen dramatically: opium and marijuana production has roughly doubled and coca production tripled. Street prices of cocaine and heroin have fallen significantly in the past 20 years, reflecting increased availability. Despite apparent national political resolve to deal with the drug problem, inherent contradictions regularly appear between U.S. anti-drug policy and other national policy goals and concerns. The mix of competing domestic and international pressures and priorities has produced an ongoing series of disputes within and between the legislative and executive branches concerning U.S. international drug policy. One contentious issue has been the Congressionally-mandated certification process, an instrument designed to induce specified drug-exporting countries to prioritize or pay more attention to the fight against narcotics businesses. digital.library.unt.edu/ark:/67531/metacrs8555/
European Approaches to Homeland Security and Counterterrorism
This report examines homeland security and counterterrorist measures in six selected European countries: Belgium, France, Germany, Italy, Spain, and the United Kingdom. None of these European countries currently has a single ministry or department equivalent to the U.S. Department of Homeland Security. In most of these countries, responsibility for different aspects of homeland security and counterterrorism is scattered across several ministries or different levels of government. digital.library.unt.edu/ark:/67531/metacrs9493/
Cybercrime: The Council of Europe Convention
Forty-three countries, including the United States, have signed the Council of Europe’s Convention on Cybercrime of November 2001. The U.S. Senate ratified the Convention on August 3, 2006. The Convention seeks to better combat cybercrime by harmonizing national laws, improving investigative abilities, and boosting international cooperation. Supporters argue that the Convention will enhance deterrence, while critics counter it will have little effect without participation by countries in which cybercriminals operate freely. Others warn it will endanger privacy and civil liberties. digital.library.unt.edu/ark:/67531/metacrs10144/
Trafficking in Persons: The U.S. and International Response
Trafficking in people for prostitution and forced labor is one of the most prolific areas of international criminal activity and is of significant concern to the United States and the international community. The overwhelming majority of those trafficked are women and children. In December 2005, Congress adopted the Trafficking Victims Protection Reauthorization Act of 2005. The State Department, on June 5, 2006, issued a mandate that categorized countries into four groups according to the efforts they were making to combat trafficking. Those countries (Tier Three) that do not cooperate in the fight against trafficking have been made subject to U.S. sanctions since 2003. In the second session of the 109th Congress, both chambers are expected to continue to address the human trafficking issue as part of their authorization, appropriations, and oversight activities. digital.library.unt.edu/ark:/67531/metacrs10488/
Trafficking in Persons: The U.S. and International Response
No Description digital.library.unt.edu/ark:/67531/metacrs9751/
State and Local Homeland Security: Unresolved Issues for the 109th Congress
No Description digital.library.unt.edu/ark:/67531/metacrs9383/
Terrorism and National Security: Issues and Trends
No Description digital.library.unt.edu/ark:/67531/metacrs8549/
Terrorism and National Security: Issues and Trends
No Description digital.library.unt.edu/ark:/67531/metacrs10145/
Terrorism and National Security: Issues and Trends
No Description digital.library.unt.edu/ark:/67531/metacrs8450/
Immigration: Terrorist Grounds for Exclusion and Removal of Aliens
No Description digital.library.unt.edu/ark:/67531/metacrs9548/
Selected Procedural Safeguards in Federal, Military, and International Courts
This report provides a brief overview of procedural rules applicable in selected historical and contemporary tribunals for the trials of war crimes suspects. The chart that follows compares selected procedural safeguards employed in criminal trials in federal criminal court with parallel protective measures in military general courts-martial, international military tribunals used after World War II, including the International Military Tribunal (IMT or "Nuremberg Tribunal"), and the International Criminal Courts for the former Yugoslavis (ICTY) and Rwanda (ICTR). digital.library.unt.edu/ark:/67531/metacrs10472/
Selected Procedural Safeguards in Federal, Military, and International Courts
No Description digital.library.unt.edu/ark:/67531/metacrs9897/
Treatment of "Battlefield Detainees" in the War on Terrorism
No Description digital.library.unt.edu/ark:/67531/metacrs8644/
International Small Arms and Light Weapons Transfers: U.S. Policy
This report provides general background on U.S. policy regarding the international trade in small arms and light weapons (SA/LW). It outlines major questions associated with the international trade in these items, and reviews United States efforts to assist in controlling the illicit transfers of these items. This report will be revised as developments warrant. digital.library.unt.edu/ark:/67531/metacrs9531/
Homeland Security: Protecting Airliners from Terrorist Missiles
Recent events have focused attention on the threat that terrorists with shoulder fired surface-to-air missiles (SAMs), referred to as Man-Portable Air Defense Systems (MANPADS), pose to commercial airliners. This report discusses SAMs and examines options for mitigating missile threats. digital.library.unt.edu/ark:/67531/metacrs8580/
H.R. 5825 (109th Congress): "Electronic Surveillance Modernization Act"
This report discusses the National Security Agency’s “Terrorist Surveillance Program,” a program in which international communications of persons within the United States have been the subject of electronic surveillance without a warrant or a Foreign Intelligence Surveillance Court order. digital.library.unt.edu/ark:/67531/metacrs9522/
NASA's Space Shuttle Program: The Columbia Tragedy, the Discovery Mission, and the Future of the Shuttle
This report discusses the Columbia tragedy, the Discovery mission, and issues for Congress regarding the future of the shuttle. digital.library.unt.edu/ark:/67531/metacrs8700/
Clean Water Act and Total Maximum Daily Loads (TMDLs) of Pollutants
This report discusses the section 303(d) of the Clean Water Act, which requires states to identify waters that are impaired by pollution, even after application of pollution controls. For those waters, states must establish a total maximum daily load (TMDL) of pollutants to ensure that water quality standards can be attained. Implementation of this provision has been dormant until recently, when states and EPA were prodded by numerous lawsuits. The TMDL issue has become controversial, in part because of requirements and costs now facing states to implement a 25-year-old provision of the law. Congressional activity to reauthorize the Act, a possibility in the 2nd Session of the 105th Congress, could include TMDL issues, but the direction for any such action is unclear at this time. digital.library.unt.edu/ark:/67531/metadc820978/
Transnational Organized Crime: Principal Threats and U.S. Responses
No Description digital.library.unt.edu/ark:/67531/metacrs9996/
Transnational Organized Crime: Principal Threats and U.S. Responses
No Description digital.library.unt.edu/ark:/67531/metacrs9972/
Enforcing Immigration Law: The Role of State and Local Law Enforcement
This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress. digital.library.unt.edu/ark:/67531/metadc463385/
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