Congressional Research Service Reports - 322 Matching Results

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Detention of American Citizens as Enemy Combatants: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
Detention of American Citizens as Enemy Combatants: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
Detention of American Citizens as Enemy Combatants: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force.
Detention of American Citizens as Enemy Combatants: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force.
Detention of U.S. Citizens: In 1971, Congress passed legislation to repeal the Emergency Detention Act of 1950 and to enact the following language: “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress.” The new language, codified at 18 U.S.C. §4001(a), is called the Non-Detention Act. This statutory provision received attention after the 9/11 terrorist attacks when the Administration designated certain U.S. citizens as “enemy combatants” and claimed the right to detain them indefinitely without charging them, bringing them to trial, or giving them access to counsel. In litigation over Yaser Esam Hamdi and Jose Padilla, both designated enemy combatants, the Administration has argued that the Non-Detention Act restricts only imprisonments and detentions by the Attorney General, not by the President or military authorities.
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. According to the most recent Department of State estimates, between 600,000 and 800,000 people are trafficked across borders each year.
Privacy: Key Recommendations of the 9/11 Commission: Several of the recommendations made to protect against and prepare for terrorist attacks in the final report of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) focus on the protection of civil liberties. This report examines these recommendations, and those of other recent commissions.
Social Unrest in China: No Description Available.
Palestinian Education and the Debate Over Textbooks: CRS Report for Congress entailing information about Palestinian education and the debate over textbooks. Topics include, allegations, recent developments, issues for congress, etc..
Privacy: An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping: This report discusses laws making it illegal to wiretap telephones or eavesdrop on other forms of telecommunication and electronic communication, such as email, without a court order.
Privacy: An Abbreviated Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping: This report discusses laws making it illegal to wiretap telephones or eavesdrop on other forms of telecommunication and electronic communication, such as email, without a court order.
The War Crimes Act: Current Issues: This report discusses current issues related to the War Crimes Act of 1996 and Common Article 3 of the 1949 Geneva Conventions, which sets out minimum standards for the treatment of detainees in armed conflicts "not of an international character (e.g., civil wars, rebellions, and other conflicts between State and non-State actors).
Delegation of the Federal Power of Eminent Domain to Nonfederal Entities: Congress has on several occasions delegated its power of eminent domain to entities outside the federal government -- public and private corporations, interstate compact agencies, state and local governments, and even individuals. The constitutionality of such delegation, and of the exercise of such power by even private delegates, is today beyond dispute. However, among delegates with both federal and private characteristics, there is some subjectivity to deciding which to list in a report limited to "nonfederal entities." For delegatees of federal eminent domain power listed here, delegations since 1920 have primarily been to Amtrak, hydroelectric facilities (for dams and reservoirs), and entities engaged in the movement of electricity, gas, and petroleum (the last one expired), and for interstate bridges.
Detention of U.S. Persons as Enemy Belligerents: This report analyzes the existing law and authority to detain U.S. persons, including American citizens and resident aliens, as well as other persons within the United States who are suspected of being members, agents, or associates of Al Qaeda or possibly other terrorist organizations as "enemy combatants."
Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings: This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme Court decisions concerning enemy combatants and also discusses notable circuit court opinions addressing issues of ongoing relevance.
The Ebola Outbreak: Quarantine and Isolation Authority: This legal sidebar discusses recent quarantine policies announced by several states, including New York and New Jersey, for travelers arriving from areas affected by the outbreak of Ebola Virus Disease, which have raised legal and constitutional questions about federal and state authority to order quarantine and isolation measures.
Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses: This report first explores the potential uses of drones in the domestic sphere by federal, state, and local governments. It then surveys current Fourth Amendment jurisprudence, including cases surrounding privacy in the home, privacy in public spaces, location tracking, manned aerial surveillance, and those involving the national border. Next, it considers how existing jurisprudence may inform current and proposed drone uses. It then describes the various legislative measures introduced in the 112th Congress to address the legal and policy issues surrounding drones and, finally, briefly identifies several alternative approaches that may constrain the potential scope of drone surveillance.
Tobacco Advertising: Whether the FDA's Restrictions Violate Freedom of Speech: No Description Available.
Tobacco Advertising: The Constitutionality of Limiting its Tax Deductibility: No Description Available.
Tobacco Marketing and Advertising Restrictions in S. 1648, 105th Congress: First Amendment Issues: No Description Available.
Tobacco Marketing and Advertising Restrictions in S. 1415, 105th Congress: First Amendment Issues: No Description Available.
Condemnation of Private Property for Economic Development: Legal Comments on the House-Passed Bill (H.R. 4128) and Bond Amendment: The prohibition on economic development condemnations extends not only to land taken for the explicit purpose of economic development but also to land subsequently so used. The latter coverage raises the possibility that although a parcel was initially condemned for a non-prohibited purpose, its use years later for a prohibited one would trigger the two-year cut-off of federal funds. Nor does there seem to be any proportionality requirement between the prohibited condemnations and the length and scope of the federal funds suspension. If Congress’ Spending Power includes a proportionality requirement for conditions on federal funds, as the Court suggests, the absence of proportionality in some of the bill’s applications may raise a constitutional issue.
Property Rights "Takings": Justice O'Connor's Opinions: When Justice O’Connor ascended to the Supreme Court, expectations were that she would adhere to the conservative line and generally uphold the property rights position over the government’s in Fifth Amendment “takings” cases. This did not happen. Instead, in this area as well as others, she established her place at the Court’s ideological center. To be sure, Justice O’Connor made many arguments favoring property owners, in both her opinions and her concurrences and dissents. But this asserted empathy for the property owner did not translate into espousal of bold doctrinal shifts in takings law. Rather she preferred an ad hoc case-by-case approach, as embodied in the Penn Central test for regulatory takings, whose current dominance she helped to establish. The remainder of the report reviews her takings-related writings for the Court.
Bringing Peace to Chechnya?: Assessments and Implications: A consistent theme of U.S. and other international criticism of Russia is that Russian troops use excessive and indiscriminate force to quell separatism in Chechnya and commit serious human rights abuses. There appeared to be fewer Administration suggestions to Russia that it should open peace talks with “moderate” separatists, more tolerance for Russia’s argument that it primarily was battling terrorism in Chechnya, and some hope that elections and rebuilding in Chechnya could contribute to a “political settlement.” But some in the Administration also argue that Russia is showing declining interest in the adoption of Western democratic and human rights “values,” and that such slippage could ultimately harm bilateral relations.
Military Base Closures: Socioeconomic Impacts: This report provides background on military base closures and an analysis of community economic impacts, planning for economic redevelopment, and environmental cleanup following closures. The most recent Base Realignment and Closure (BRAC) Commission rejected 13 of the initial Department of Defense recommendations, significantly modified the recommendations for 13 other installations, and approved 22 major closures.
The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens: This report discusses the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT), which requires signatory parties to take measures to end torture within their territorial jurisdictions.
Freedom of Information Act (FOIA) Amendments: 109th Congress: Enacted in 1966, the Freedom of Information Act (FOIA) was designed to enable any person -- individual or corporate, regardless of citizenship -- to request, without explanation or justification, presumptive access to existing, identifiable, unpublished, executive branch agency records on any topic. The statute specified nine categories of information that may be permissibly exempted from the rule of disclosure. Disputes over the accessibility of requested records could be ultimately settled in court. The statute has become a somewhat popular tool of inquiry and information gathering for various quarters of American society. This report details the history of the Act, as well as relevant legislation and incidences and the efforts to amend the Act.
The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens: No Description Available.
Freedom of Information Act (FOIA) Amendments: 109th Congress: This report examines efforts to amend the FOI Act, and will be updated as events warrant.
The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens: No Description Available.
Obscenity: A Legal Primer: This report provides an overview of the present law of obscenity and pornography, with emphasis on the following topics: (1) the legal definition of obscenity; (2) the constitutionality of restrictive zoning laws; (3) federal authority to legislate in this area; (4) child pornography; (5) regulation of the broadcast media in this context; (6) obscenity and cable television; (7) obscene prerecorded messages; (8) seizure of obscene materials; and .(9) pornography as a form of sex discrimination.
Human Rights in China: Trends and Policy Implications: This report analyzes China's mixed record on human rights, major human rights issues, PRC human rights legislation, and the development of civil society, legal awareness, and social and political activism. This report discusses major areas of interest but does not provide an exhaustive account of all human rights abuses or related incidents.
Comparison of California's Financial Information Privacy Act of 2003 with Federal Privacy Provisions: The California Financial Information Privacy Act,1 enacted on August 28, 2003, and effective on July 1, 2004, governs the rights of California residents with respect to the dissemination of nonpublic personal information by financial institutions. In some respects, it diverges from two federal laws that impose restrictions on the dissemination of nonpublic personally identifiable customer information by financial information.
China, Internet Freedom, and U.S. Policy: This report discusses Congressional interest in how Internet use in the People's Republic of China (PRC) is tied to human rights concerns in several ways: as a U.S. policy tool for promoting rights in China; though use of the Internet political dissidents and political repression; the role of U.S. Internet companies in spreading freedom and complying with PRC censorship; and the development of U.S. Internet freedom policies globally.
Russia's Religion Law: Assessments and Implications: This short report provides an overview and assessment of Russian religion law. On September 26, 1997, Russian President Boris Yeltsin signed the religion bill into law, and implementing regulations were promulgated in early 1998. The Administration and Congress have raised concerns that the law may restrict religion and have urged Russia to uphold its international commitments to religious freedom. The FY1998 Foreign Aid Appropriations Act (P.L. 105-118) prohibits the Freedom Support Act aid to Russia unless the President determines and certifies that the Russian government has not discriminated against religious groups in violation of its international commitments. The determination was released on May 26, 1998, finding that Russia has not violated such commitments, but that U.S. officials would continue to monitor the situation.
Restrictions on Minors' Access to Material on the Internet: No Description Available.
National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments: This report discusses the USA PATRIOT Act, which expanded the authority of four national security letter (NSL) statutes and created a fifth, and the USA PATRIOT Improvement and Reauthorization Act that amended the previous legislation.
National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments: This report discusses the USA PATRIOT Act, which expanded the authority of four national security letter (NSL) statutes and created a fifth, and the USA PATRIOT Improvement and Reauthorization Act that amended the previous legislation. This is an abridged version of CRS Report RL33320, "National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments".
Egypt: Background and U.S. Relations: This report provides an overview of the key issues for Congress related to Egypt and information on U.S. foreign aid to Egypt. It briefly provides a political history of modern Egypt, an overview of its political institutions, and a discussion of the prospects for democratization in Egypt, as well as addressing the following current topics: the Arab-Israeli peace process, Iraq, terrorism, democratization and reform, human rights, trade, and military cooperation.
Egypt: Background and U.S. Relations: This report provides an overview of the key issues for Congress related to Egypt and U.S. foreign aid to Egypt. The United States has provided significant military and economic assistance to Egypt since the late 1970s. U.S. policymakers are now debating complex questions about the future of U.S.-Egypt relations, and these debates and events in Egypt are shaping consideration of appropriations and authorization legislation in the 114th Congress.
Egypt: Background and U.S. Relations: This report provides an overview of the key issues for Congress related to Egypt and U.S. foreign aid to Egypt. The United States has provided significant military and economic assistance to Egypt since the late 1970s. Successive U.S. Administrations have routinely justified aid to Egypt as an investment in regional stability, built primarily on long-running cooperation with the Egyptian military and on sustaining the 1979 Egyptian-Israeli peace treaty.
Egypt: Background and U.S. Relations: This report provides an overview of Egyptian politics and current issues in U.S.-Egyptian relations. It briefly provides a political history of modern Egypt, an overview of its political institutions, and a discussion of the prospects for democratization in Egypt.
Freedom of Information Act Amendments: 109th Congress: This report discusses the Freedom of Information Act (FOIA), which was designed to enable any person — individual or corporate, regardless of citizenship — to request, without explanation or justification, presumptive access to existing, identifiable, unpublished, executive branch agency records on any topic.
Egypt: Background and U.S. Relations: This report provides an overview of Egyptian politics and current issues in U.S.-Egyptian relations. It briefly provides a political history of modern Egypt, an overview of its political institutions, and a discussion of the prospects for democratization in Egypt. U.S.-Egyptian relations are complex and multi-faceted, and this report addresses the following current topics: the Arab-Israeli peace process, Iraq, terrorism, democratization and reform, human rights, trade, and military cooperation.
Egypt: Background and U.S. Relations: This report provides an overview of Egyptian politics and current issues in U.S.-Egyptian relations. It briefly provides a political history of modern Egypt, an overview of its political institutions, and a discussion of the prospects for democratization in Egypt.
Freedom of Speech and Press: Exceptions to the First Amendment: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
U.S.-Vietnam Relations: Background and Issues for Congress: No Description Available.
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.
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.
Cuba: U.S. Restrictions on Travel and Remittances: The first half of this report looks at the background of U.S. travel restrictions to Cuba over the last 40 years. The second half of this report looks at several initiatives from the 110th Congress that would ease U.S. travel restrictions to Cuba.

Congressional Research Service Reports - 322 Matching Results

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