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 Decade: 2000-2009
 Collection: Congressional Research Service Reports
An Overview of the Presidential Pardoning Power
This report provides an overview of the scope of the President's pardoning power, the legal effects of a pardon, and the procedures that have traditionally been adhered to in the consideration of requests for pardons. digital.library.unt.edu/ark:/67531/metadc462432/
Burma and Transnational Crime
This report analyzes the primary actors driving transnational crime in Burma, the forms of transnational crime occurring, and current U.S. policy in combating these crimes. digital.library.unt.edu/ark:/67531/metadc463327/
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
This report provides an overview of the Combatant Status Review Tribunal (CSRT) procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act (DTA), as amended by the Military Commissions Act of 2006, analyzing its effects on detainee-related litigation in federal court. The report summarizes pending legislation and provides an analysis of relevant constitutional issues that may have some bearing on Congress's options with respect to the Guantanamo detainees. digital.library.unt.edu/ark:/67531/metadc463519/
Guantanamo Detention Center: Legislative Activity in the 111th Congress
This report analyzes relevant provisions in enacted legislation and selected pending bills relating to the U.S. Naval Station in Guantanamo Bay, Cuba, a facility in which alleged enemy combatants are detained. digital.library.unt.edu/ark:/67531/metadc463260/
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Budget and Operations
This report provides an overview of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) budget and operations, with a focus on the Administration's FY2009 budget request for ATF. digital.library.unt.edu/ark:/67531/metadc462429/
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
This report provides an overview of the early judicial developments and the establishment of Combatant Status Review Tribunals (CSRTs) procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act, as amended by the Military Commissions Act of 2006 and the Military Commissions Act of 2009, analyzing its effects on detainee-related litigation in federal court. The report summarizes the Supreme Court's decision in Boumediene invalidating Congress's efforts to revoke the courts' habeas jurisdiction, and discusses some remaining issues and subsequent developments. digital.library.unt.edu/ark:/67531/metadc503470/
International Parental Child Abductions
This report discusses the applicability of the Hague Convention and current U.S. laws, both civil and criminal, which seek to address the quandary of children abducted by a parent to foreign nations. digital.library.unt.edu/ark:/67531/metadc627198/
Guantanamo Detention Center: Legislative Activity in the 111th Congress
This report analyzes relevant provisions in enacted legislation and selected pending bills relating to the U.S. Naval Station in Guantanamo Bay, Cuba, a facility in which alleged enemy belligerents are detained. digital.library.unt.edu/ark:/67531/metadc626891/
Bioterrorism: Legislation to Improve Public Health Preparedness and Response Capacity
This report shows that while lawmakers work towards final passage of new authorizing legislation, Congress has appropriated more than $3 billion to the Dept. of Health and Human Services (HHS) to increase bioterrorism preparedness at the federal, state, and local levels. HHS anti-bioterrorism funding was included in the FY2002 Labor-HHSEducation appropriations bill and in the $20 billion emergency spending package that was attached to the FY2002 Defense appropriations bill. Until the new authorizing legislation is enacted, HHS is dispersing the funds according to existing authorities and the broad parameters set out in the appropriations bills. digital.library.unt.edu/ark:/67531/metacrs3146/
Civil Charges in Corporate Scandals
This report lists civil suites filled by federal regulatory agencies charging individuals and corporations with violations related to these scandals. The list is limited to corporations and their offices or employees that fit within the Enron pattern. That is, these are cases that display one or more of the following: irregular accounting and auditing, management self-dealing, conflicts of interests between firms and financial advisors (or Wall Street firms and their costumers), and manipulation or abusive trading in energy markets. digital.library.unt.edu/ark:/67531/metacrs9087/
China's Relations with Central Asian States and Problems with Terrorism
This report provides an overview of the Muslim separatist movement in China’s northwestern Xinjiang Uighur Autonomous Region, China’s attempts to stifle activities which it considers terrorism, and implications for U.S. policy. Some analysts suggest that the U.S.-led campaign against terrorism may make it difficult to pressure the Chinese government on human rights and religious freedoms, particularly as they relate to Uighur Muslims in Xinjiang. digital.library.unt.edu/ark:/67531/metacrs1455/
Child Pornography: Constitutional Principles and Federal Statutes
The Child Pornography Prevention Act of 1996, P.L. 104-208, 110 Stat. 3009- 26, added a definition of “child pornography” that include visual depictions of what appears to be a minor engaging in explicit sexual conduct, even if no actual minor was used in producing the depiction. On April 16, 2002, in Ashcroft v. Free Speech Coalition, the Supreme Court held this provision unconstitutional to the extent that it prohibited pictures that were not produced with actual minors. (This case is discussed under “Section 2256,” below.) In response to Ashcroft, bills were introduced in the House and Senate that would continue to ban some child pornography that was produced without an actual minor; on June 25, 2002, the House passed one such bill: H.R. 4623, 107th Congress. digital.library.unt.edu/ark:/67531/metacrs2234/
Child Pornography: Constitutional Principles and Federal Statutes
The Child Pornography Prevention Act of 1996, P.L. 104-208, 110 Stat. 3009- 26, added a definition of “child pornography” that include visual depictions of what appears to be a minor engaging in explicit sexual conduct, even if no actual minor was used in producing the depiction. On April 16, 2002, in Ashcroft v. Free Speech Coalition, the Supreme Court held this provision unconstitutional to the extent that it prohibited pictures that were not produced with actual minors. (This case is discussed under “Section 2256,” below.) In response to Ashcroft, bills were introduced in the House and Senate that would continue to ban some child pornography that was produced without an actual minor; on June 25, 2002, the House passed one such bill: H.R. 4623, 107th Congress. digital.library.unt.edu/ark:/67531/metacrs2233/
Child Pornography: Constitutional Principles and Federal Statutes
The Child Pornography Prevention Act of 1996, P.L. 104-208, 110 Stat. 3009- 26, added a definition of “child pornography” that include visual depictions of what appears to be a minor engaging in explicit sexual conduct, even if no actual minor was used in producing the depiction. On April 16, 2002, in Ashcroft v. Free Speech Coalition, the Supreme Court held this provision unconstitutional to the extent that it prohibited pictures that were not produced with actual minors. (This case is discussed under “Section 2256,” below.) In response to Ashcroft, bills were introduced in the House and Senate that would continue to ban some child pornography that was produced without an actual minor; on June 25, 2002, the House passed one such bill: H.R. 4623, 107th Congress. digital.library.unt.edu/ark:/67531/metacrs3889/
Child Pornography: Constitutional Principles and Federal Statutes
The Child Pornography Prevention Act of 1996, P.L. 104-208, 110 Stat. 3009- 26, added a definition of “child pornography” that include visual depictions of what appears to be a minor engaging in explicit sexual conduct, even if no actual minor was used in producing the depiction. On April 16, 2002, in Ashcroft v. Free Speech Coalition, the Supreme Court held this provision unconstitutional to the extent that it prohibited pictures that were not produced with actual minors. (This case is discussed under “Section 2256,” below.) In response to Ashcroft, bills were introduced in the House and Senate that would continue to ban some child pornography that was produced without an actual minor; on June 25, 2002, the House passed one such bill: H.R. 4623, 107th Congress. digital.library.unt.edu/ark:/67531/metacrs3891/
Child Pornography: Constitutional Principles and Federal Statutes
The Child Pornography Prevention Act of 1996, P.L. 104-208, 110 Stat. 3009- 26, added a definition of “child pornography” that include visual depictions of what appears to be a minor engaging in explicit sexual conduct, even if no actual minor was used in producing the depiction. On April 16, 2002, in Ashcroft v. Free Speech Coalition, the Supreme Court held this provision unconstitutional to the extent that it prohibited pictures that were not produced with actual minors. (This case is discussed under “Section 2256,” below.) In response to Ashcroft, bills were introduced in the House and Senate that would continue to ban some child pornography that was produced without an actual minor; on June 25, 2002, the House passed one such bill: H.R. 4623, 107th Congress. digital.library.unt.edu/ark:/67531/metacrs3890/
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/
NASA's Space Shuttle Program: The Columbia Tragedy, the Discovery Mission, and the Future of the Shuttle
No Description digital.library.unt.edu/ark:/67531/metacrs8700/
State Statutes Governing Hate Crimes
No Description digital.library.unt.edu/ark:/67531/metacrs7455/
United States Sentencing Guidelines After Blakely: Booker and Fanfan - A Sketch
No Description digital.library.unt.edu/ark:/67531/metacrs7327/
Terrorism: Some Legal Restrictions on Military Assistance to Domestic Authorities Following a Terrorist Attack
No Description digital.library.unt.edu/ark:/67531/metacrs6976/
Terrorism: Some Legal Restrictions on Military Assistance to Domestic Authorities Following a Terrorist Attack
No Description digital.library.unt.edu/ark:/67531/metacrs7206/
United States Sentencing Guidelines and the Supreme Court: Booker, Fanfan, Blakely Apprendi, and Mistretta
No Description digital.library.unt.edu/ark:/67531/metacrs7277/
"Terrorism" and Related Terms in Statute and Regulation: Selected Language
Congress is considering revised definitions of “terrorism” and related terms in the context of the proposed “Anti-Terrorism Act of 2001.” While the proposed definitions relate to criminal law and immigration law, hundreds of other federal statutes and regulations already define “terrorism” and related terms in a variety of other contexts. However, these statutes and regulations ultimately refer to an extremely small set of statutory definitions, current criminal law and immigration definitions being among them. This report provides the current text of these fundamental definitions. The report will be updated as action on new antiterrorism law proceeds. digital.library.unt.edu/ark:/67531/metacrs6992/
Race-Based Civil Dentention for Security Purposes
No Description digital.library.unt.edu/ark:/67531/metacrs6995/
Digital Surveillance: The Communications Assistance for Law Enforcement Act
The Communications Assistance for Law Enforcement Act (CALEA, P.L. 103- 414, 47 USC 1001-1010), enacted October 25, 1994, is intended to preserve the ability of law enforcement officials to conduct electronic surveillance effectively and efficiently despite the deployment of new digital technologies and wireless services that have altered the character of electronic surveillance. CALEA requires telecommunications carriers to modify their equipment, facilities, and services, wherever reasonably achievable, to ensure that they are able to comply with authorized electronic surveillance actions. digital.library.unt.edu/ark:/67531/metacrs7259/
Terrorism and National Security: Issues and Trends
No Description digital.library.unt.edu/ark:/67531/metacrs7404/
Terrorist Capabilities for Cyberattack: Overview and Policy Issues
No Description digital.library.unt.edu/ark:/67531/metacrs7633/
Detainees at Guantànamo Bay
After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to the detentions. digital.library.unt.edu/ark:/67531/metacrs7668/
Detainees at Guantànamo Bay
After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to the detentions. digital.library.unt.edu/ark:/67531/metacrs7669/
The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions
No Description digital.library.unt.edu/ark:/67531/metacrs8022/
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/
Terrorism Risk Insurance: An Overview
No Description digital.library.unt.edu/ark:/67531/metacrs6785/
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/metacrs6793/
Terrorism and National Security: Issues and Trends
No Description digital.library.unt.edu/ark:/67531/metacrs6801/
Violence Against Women Act: History, Federal Funding, and Reauthorizing Legislation
No Description digital.library.unt.edu/ark:/67531/metacrs6840/
Terrorism: Some Legal Restrictions on Military Assistance to Domestic Authorities Following a Terrorist Attack
No Description digital.library.unt.edu/ark:/67531/metacrs7092/
Protection of Lawful Commerce in Arms Act, H.R. 1036, S. 659, S. 1805, S. 1806, 108th Congress: Legal Analysis
No Description digital.library.unt.edu/ark:/67531/metacrs7058/
China's Relations with Central Asian States and Problems with Terrorism
This report provides an overview of the Muslim separatist movement in China’s northwestern Xinjiang Uighur Autonomous Region, China’s attempts to stifle activities which it considers terrorism, and implications for U.S. policy. Some analysts suggest that the U.S.-led campaign against terrorism may make it difficult to pressure the Chinese government on human rights and religious freedoms, particularly as they relate to Uighur Muslims in Xinjiang. digital.library.unt.edu/ark:/67531/metacrs6842/
Treatment of "Battlefield Detainees" in the War on Terrorism
No Description digital.library.unt.edu/ark:/67531/metacrs6924/
Violence Against Women Act: History, Federal Funding, and Reauthorizing Legislation
No Description digital.library.unt.edu/ark:/67531/metacrs6837/
Terrorism and National Security: Issues and Trends
No Description digital.library.unt.edu/ark:/67531/metacrs6625/
Terrorism and National Security: Issues and Trends
No Description digital.library.unt.edu/ark:/67531/metacrs6626/
Trafficking in Women and Children: The U.S. and International Response
No Description digital.library.unt.edu/ark:/67531/metacrs6517/
Trafficking in Persons: The U.S. and International Response
No Description digital.library.unt.edu/ark:/67531/metacrs6667/
Terrorist Motivations for Chemical and Biological Weapons Use: Placing the Threat in Context
No Description digital.library.unt.edu/ark:/67531/metacrs5691/