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 Collection: Congressional Research Service Reports
Antiterrorism and Effective Death Penalty Act of 1996: A Summary
The Antiterrorism and Effective Death Penalty Act of 1996 is the product of legislative efforts stretching back well over a decade and stimulated to passage in part by the tragedies in Oklahoma City and the World Trade Center. This report summarizes the six titles of the Act, its sources, and related legislation. digital.library.unt.edu/ark:/67531/metacrs309/
Armed Career Criminal Act (18 U.S.C. 924(e)): An Overview
This report briefly explores the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), which requires imposition of a minimum 15-year term of imprisonment for recidivists convicted of unlawful possession of a firearm under 18 U.S.C. 922(g). Section 924(e) applies only to those defendants who have three prior state or federal convictions for violent felonies or serious drug offenses. The report includes descriptions of constitutional challenges to the application of section 924(e), which have been generally unsuccessful. digital.library.unt.edu/ark:/67531/metadc29614/
Arms Shipments to Iran
No Description digital.library.unt.edu/ark:/67531/metacrs9063/
Arrest and Detention of Material Witnesses and the USA PATRIOT Act and Terrorism Reauthorization Act (H.R. 3199): A Sketch
Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199), as reported by the House Judiciary Committee, directed the Department of Justice to review the detention of individuals under the federal material witness statute, including their length of detention], conditions of access to counsel, frequency of access to counsel, offense at issue, and frequency of appearance before a grand jury. This report illustrates the level of controversy easily generated by material witness statutes. digital.library.unt.edu/ark:/67531/metacrs7361/
Arrest and Detention of Material Witnesses: Federal Law In Brief and Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199)
This report is an overview of the law under the federal material witness statute which authorizes the arrest of material witnesses, permits their release under essentially the same bail laws that apply to federal criminal defendants, but favors their release after their depositions have taken. A list of citations to comparable state statutes and a bibliography of law review articles and notes are appended. digital.library.unt.edu/ark:/67531/metacrs7306/
Assassination Ban and E.O. 12333: A Brief Summary
This report offers a brief summary of the assassination ban contained in Executive Order (E.O.) 12333, Section 2.11. E.O. 12333 is the latest in a series of three executive orders which included assassination bans. The first, Executive Order 11905, Sec. 5(g),1 41 Fed. Reg. 7703, 7733 (President Gerald Ford, 2/19/76), was part of an executive order issued by President Ford in response to concerns raised in the 1970's with respect to alleged abuses by the U.S. intelligence community. digital.library.unt.edu/ark:/67531/metacrs2392/
Asset Forfeiture: Selected Legal Issues and Reforms
This report discusses the asset forfeiture, which refers (in this report) to the process of confiscating either property or money from a person because it is illegal to possess (contraband), constitutes the proceeds of a crime, or was used to facilitate a crime. The report provides an overview of both types -- civil asset forfeiture and criminal forfeitures -- as well as select legal issues and structural reforms. digital.library.unt.edu/ark:/67531/metadc503631/
Attribution in Cyberspace: Challenges for U.S. Law Enforcement
This report discusses criminal attribution in the cyber security realm. digital.library.unt.edu/ark:/67531/metadc505591/
Authority of State and Local Police to Enforce Federal Immigration Law
This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly, analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice. digital.library.unt.edu/ark:/67531/metadc31375/
Authority of State and Local Police to Enforce Federal Immigration Law
This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly, analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice. digital.library.unt.edu/ark:/67531/metadc93845/
Balancing Tourism against Terrorism: The Visa Waiver Program
This report briefly discusses Congress's concern that some foreign fighters might exploit the Visa Waiver Program (VWP) to enter the United States and commit acts of terrorism. The VWP allows eligible visitors from 38 European nations and a few prosperous Asia-Pacific countries to enter the United States for short business or leisure stays without first obtaining a visa from a U.S. consulate abroad. digital.library.unt.edu/ark:/67531/metadc503569/
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/
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/metacrs7017/
Bioterrorism: Legislation to Improve Public Health Preparedness and Response Capacity
While lawmakers work towards final passage of new authorizing legislation, Congress has appropriated $3 billion to the Dept. of Health and Human Services (HHS) for FY2002 to increase bio-terrorism preparedness at the federal, state, and local levels. HHS anti bio-terrorism funding was included in theFY2002Labor-HHS-Education appropriations bill (P.L. 107-116, H.R. 3061) and in the $20 billion emergency spending package (P.L. 107- 117, H.R. 3338). HHS is dispersing the funds according to existing authorities and the broad spending parameters set out in the appropriations bills. digital.library.unt.edu/ark:/67531/metacrs7018/
Body Armor for Law Enforcement Officers: In Brief
This report contains an overview of the Matching Grant Program for Law Enforcement Armor Vests (BPV program). It also provides a discussion of data on law enforcement agencies that require their officers to wear armor vests while on duty, research on why officers may choose to wear armor vests, research on the life cycle for armor vests, data on the use of body armor by law enforcement officers who were killed with a firearm, and research on the effectiveness of armor vests. digital.library.unt.edu/ark:/67531/metadc306444/
Body Armor for Law Enforcement Officers: In Brief
This report contains an overview of the Matching Grant Program for Law Enforcement Armor Vests (BPV program). It also provides a discussion of data on law enforcement agencies that require their officers to wear armor vests while on duty, research on why officers may choose to wear armor vests, research on the life cycle for armor vests, data on the use of body armor by law enforcement officers who were killed with a firearm, and research on the effectiveness of armor vests. digital.library.unt.edu/ark:/67531/metadc503320/
The Brady Handgun Control Act: Constitutional Issues
The Brady Handgun Control Act established a five-day waiting period for handgun purchases, during which local law enforcement can make reasonable efforts to conduct background checks in available records and block and sales to convicted felons and other disqualified persons. This report reviews the background of federal gun control legislation, analyzes the conflict in the courts over the constitutionality under the Tenth Amendment of the duties placed on local law enforcement, and considers the implications of the decisions for Brady Act enforcement. digital.library.unt.edu/ark:/67531/metadc26060/
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. digital.library.unt.edu/ark:/67531/metacrs9139/
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/
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. It will be updated as needed to reflect congressional action on the FY2010 Commerce, Justice, Science (CJS), and Related Agencies Appropriations bill, the appropriations bill that includes the ATF account. digital.library.unt.edu/ark:/67531/metadc505382/
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Budget and Operations for FY2008, FY2009, and FY2010
This report provides an overview of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) budget and operations for FY2008, FY2009, and FY2010. It chronicles congressional action on the annual Commerce, Justice, Science (CJS), and Related Agencies Appropriations bills for those fiscal years, as well as action on supplemental and stimulus appropriations bills. digital.library.unt.edu/ark:/67531/metadc501753/
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Budget and Operations for FY2010
This report provides an overview of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) budget and operations. This report chronicles congressional action on the FY2011 Commerce, Justice, Science (CJS), and Related Agencies Appropriations bills, as well as any FY2010 supplemental appropriations bills, that provide funding for ATF. digital.library.unt.edu/ark:/67531/metadc501845/
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Budget and Operations for FY2011
This report provides an overview of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) budget and operations. This report chronicles congressional action on the FY2011 Commerce, Justice, Science (CJS), and Related Agencies Appropriations bills, as well as any FY2010 supplemental appropriations bills, that provide funding for ATF. digital.library.unt.edu/ark:/67531/metadc31468/
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Budget and Operations for FY2011
This report provides an overview of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) budget and operations. This report chronicles congressional action on the FY2011 Commerce, Justice, Science (CJS), and Related Agencies Appropriations bills, as well as any FY2010 supplemental appropriations bills, that provide funding for ATF. digital.library.unt.edu/ark:/67531/metadc491488/
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/
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/metadc505411/
D.C. Gun Laws and Proposed Amendments
In the wake of the Supreme Court's decision in District of Columbia v. Heller, which declared three firearms provisions of the D.C. Code unconstitutional, a flurry of legislation was introduced both in Congress and in the District of Columbia Council. This report provides an analysis of the District's firearms laws and congressional proposals. digital.library.unt.edu/ark:/67531/metadc491184/
Can Body Worn Cameras Serve as a Deterrent to Police Misconduct?
This report discusses various issues regarding body worn cameras (BWCs), including the potential merits, concerns, and financial costs of use. The report also briefly states a possible method for allotting federal funds to help law enforcement agencies purchase BWCs. digital.library.unt.edu/ark:/67531/metadc462415/
Capital Punishment: An Overview of Federal Death Penalty Statutes
With the passage of P.L. 103-322, the Violent Crime Control and Law Enforcement Act of 1994, the federal death penalty became available as a possible punishment for a substantial number of new and existing civilian offenses. On April 24, 1996, the Antiterrorism and Effective Death Penalty Act of 1996 made further modifications and additions to the list of federal capital crimes. On June 25, 2002, P.L. 107-197, the Terrorist Bombings Convention Implementation Act of 2002, added another capital crime to the United States Code. The Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458, enacted December 17, 2004, included provisions which impacted or expanded some of the existing death penalty provisions. This report lists the current federal capital offenses and summarizes the procedures for federal civilian death penalty cases. digital.library.unt.edu/ark:/67531/metacrs6164/
Child Abuse: History, Legislation and Issues
This report discusses child abuse legislation in United States, child abuse prevention and treatment, incidence of child abuse and neglect. The report provides a summary of major legislation in the 1st session of the 95th congress. digital.library.unt.edu/ark:/67531/metacrs8393/
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/
Child Pornography: Constitutional Principles and Federal Statutes
This report discusses the constitutional status of child pornography and summarizes federal statutes banning and regulating child pornography as well as selected court cases that have ruled on their constitutionality or interpreted them. digital.library.unt.edu/ark:/67531/metadc26087/
Child Pornography Produced Without an Actual Child: Constitutionality of 108th Congress Legislation
This report analyzes the First Amendment issues raised by S. 151, 108th Congress, in the versions passed by the Senate and the House. The Senate passed the version reported by the Senate Committee on the Judiciary (S.Rept. 108-2). The House version began as H.R. 1161, which, except for its section 10, was adopted as an amendment (Title V) to H.R. 1104, which the House passed as S. 151, the Child Abduction Prevention Act. digital.library.unt.edu/ark:/67531/metacrs3902/
Child Pornography Produced Without an Actual Child: Constitutionality of 108th Congress Legislation
This report analyzes S. 151, 108th Congress, as reported by the Senate Committee on the Judiciary (S.Rept. 108-2) and passed by the Senate, and considers whether it would violate freedom of speech. digital.library.unt.edu/ark:/67531/metacrs3901/
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/
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/
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/
Clean Air Standards: The Supreme Court Agrees to Review
In May, 2000, the Supreme Court agreed to review this decision, raising the prospect of a major pronouncement on the non-delegation doctrine, the enforceability of the revised ozone standard, and the role of compliance costs in setting nationwide air quality standards. digital.library.unt.edu/ark:/67531/metacrs1128/
Clean Water Act and Pollutant Total Maximum Daily Loads (TMDLs)
This report discusses the total maximum daily load (TMDL) program which regulates pollutants to ensure that water quality standards can be attained; section 303(d) of the Clean Water Act requires states to identify waters that are impaired by pollution, even after application of pollution controls. The report focuses on new challenges facing the TMDL program, including more complex TMDLs, larger scale impairments, and nonpoint sources. digital.library.unt.edu/ark:/67531/metadc122259/
Clean Water Act and TMDLs
Section 303(d) of the Clean Water Act 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/metacrs417/
Clean Water Act and Total Maximum Daily Loads (TMDLs) of Pollutants
Section 303(d) of the Clean Water Act 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/metacrs10107/
Clean Water Act and Total Maximum Daily Loads (TMDLs) of Pollutants
Section 303(d) of the Clean Water Act 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 was dormant until recently, when states and EPA were prodded by numerous lawsuits. digital.library.unt.edu/ark:/67531/metacrs1524/
Clean Water Act and Total Maximum Daily Loads (TMDLs) of Pollutants
Section 303(d) of the Clean Water Act 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 was dormant until recently, when states and EPA were prodded by numerous lawsuits. digital.library.unt.edu/ark:/67531/metacrs2340/
Clean Water Act and Total Maximum Daily Loads (TMDLs) of Pollutants
Section 303(d) of the Clean Water Act 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 was dormant until recently, when states and EPA were prodded by numerous lawsuits. digital.library.unt.edu/ark:/67531/metacrs4077/
Closing the Guantanamo Detention Center: Legal Issues
This report provides an overview of major legal issues that are likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought to the United States. It considers selected constitutional issues that may arise in the criminal prosecution of detainees. Issues discussed include detainees’ right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence in criminal cases. digital.library.unt.edu/ark:/67531/metadc99006/
Closing the Guantanamo Detention Center: Legal Issues
This report provides an overview of major legal issues likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought into the country. It also discusses selected constitutional issues that may arise in the criminal prosecution of detainees, emphasizing the procedural and substantive protections that are utilized in different adjudicatory forums. digital.library.unt.edu/ark:/67531/metadc103051/