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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.
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.
Al Qaeda: Profile and Threat Assessment
No Description Available.
Military Justice: A Summary of its Legislative and Judicial Development
This report discusses the military justice system and legislation and judicial decisions regarding it.
Latin America: Terrorism Issues
Report regarding U.S. attention to terrorism in Latin America, which has intensified in the aftermath of the September 2001 terrorist attacks. The report talks about the 112th Congress's initiatives that have been introduced related to terrorism issues in the Western Hemisphere regarding Mexico, Venezuela, and the activities of Iran and Hezbollah.
The Crime Victims Fund: Federal Support for Victims of Crime
Report that provides background and funding information for Victims of Crime Act (VOCA) programs and the Crime Victims Fund (CVF). It describes the process through which CVF funds are allocated and explains how the CVF impacts the annual budget for Department of Justice (DOJ).
Reauthorizing the Office of National Drug Control Policy: Issues for Consideration
This report provides a discussion of the National Drug Control Strategy, the National Drug Control Budget, and Office of National Drug Control Policy (ONDCP) evaluation of the National Drug Control Strategy implementation. It then provides an analysis of selected legislative and oversight issues that Congress may consider when debating the reauthorization of ONDCP.
Privacy: An Overview of Federal Statues Governing Wiretapping and Electronic Eavesdropping
This report provides an overview of federal law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a bibliography of legal commentary as well as the text of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). This report also includes a brief summary of the recently expired Protect America Act, P.L. 110-55 and of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, P.L. 110-261 (H.R. 6304).
Privacy: An Overview of Federal Statues Governing Wiretapping and Electronic Eavesdropping
This report provides an overview of federal law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a bibliography of legal commentary as well as the text of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). This report also includes a brief summary of the recently expired Protect America Act, P.L. 110-55 and of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, P.L. 110-261 (H.R. 6304).
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.
Federal Gun Control Laws: The Second Amendment and Other Constitutional Issues
This report examines the historical, legal, and constitutional arguments for and against an individual right to bear firearms under the Second Amendment of the Constitution. Those who favor federal gun control laws tend to assert that the Second Amendment has been correctly interpreted by the courts to confer only a collective right, which may be exercised through state militias. Those who oppose gun control laws tend to assert that the Second Amendment should be interpreted to grant an individual right to bear arms for lawful purposes, subject to appropriately minimal restrictions.
Cybersecurity: Authoritative Reports and Resources
This report provides links to selected authoritative resources related to cybersecurity issues, including: legislation, hearings in the 112th Congress, data and statistics, and cybersecurity glossaries.
Privacy: An Abridged Overview of the Electronic Communications Privacy Act
This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA).
Protecting Classified Information and the Rights of Criminal Defendants: The Classified Information Procedures Act
This report gives an overview of the Classified Information Procedures Act, enacted by the 96th Congress, which provides uniform procedures for prosecutions involving classified information. It provides a background of the act and discusses its various sections.
Extraterritorial Application of American Criminal Law: An Abbreviated Sketch
This report discusses the application of American criminal law outside the United States.
RICO: A Brief Sketch
This report examines the various elements of federal Racketeer Influenced and Corrupt Organization (RICO) provisions and discusses constitutional questions pertaining to the law. In spite of its name and origin, RICO is not limited to "mobsters" or members of "organized crime" as those terms are popularly understood. Rather, it covers those activities which Congress felt characterized the conduct of organized crime, no matter who actually engages in them.
Digital Searches and Seizures: Overview of Proposed Amendments to Rule 41 of the Rules of Criminal Procedure
This report provides a brief overview of the proposed amendment to Rule 41, which would amend the federal search and seizure rules to permit the government to remotely access electronic devices although the location of the device may be unknown. First, the report provides a background on the origin of, and rationale underlying, the proposed amendment and a description of the rule as currently written. Second, it reviews the potential changes made by the proposed amendment and will survey various concerns commenters have raised with the proposal. Lastly, this report addresses efforts being made in Congress to alter, delay, or stop this rule change.
Extraterritorial Application of American Criminal Law
This report discusses the application of American criminal law outside the United States.
Digital Searches and Seizures: Overview of Proposed Amendments to Rule 41 of the Rules of Criminal Procedure
This report provides a brief overview of the proposed amendment to Rule 41. First, it provides a background on the origin of, and rationale underlying, the proposed amendment and a description of the rule as currently written. Second, it reviews the potential changes made by the proposed amendment and will survey various concerns commenters have raised with the proposal. Lastly, this report addresses efforts being made in Congress to alter, delay, or stop this rule change.
Trends in Bank Secrecy Act/Anti-Money Laundering Enforcement
This report provides an overview of recent trends in the enforcement of the Bank Secrecy Act (BSA), the principal U.S. anti-money laundering law regulating financial institutions. The report begins by providing general background information on BSA penalties and enforcement. The report concludes by discussing three recent trends that commentators have observed in BSA enforcement: (1) an increase in the frequency with which BSA enforcement actions involve an assessment of money penalties, and an increase in the size of those penalties, (2) an increased emphasis by regulators on the acceptance of responsibility by institutions entering into settlement agreements for BSA violations, and (3) an increased risk of individual liability for BSA violations.
Amateur Strip-Club Arrests: Probable Cause and Qualified Immunity
This report discusses the Supreme Court case "District of Columbia v. Wesby" which addressed the question of what constituted probable cause for arrest and police officers qualified immunity from personal lawsuits against them for actions during the course of their duties.
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.
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.
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.
Economic Impacts of Prison Growth
This report provides an economic overview of the correctional sector as background for the unfolding debate over spending and other policies. It begins with information on the growth in prison populations in public and in private prisons and also briefly explores the economic impacts of prison location. It is not intended a study of the effectiveness of sentencing and other laws, nor of evolving polices aimed at reducing recidivism and prison populations.
Legislation to Facilitate Cybersecurity Information Sharing: Economic Analysis
This report analyzes the sharing of cyberattack information by government with private companies, by private companies with the government, and among private companies. Sharing information with consumers is mentioned but is not the central focus of this report.
Proposed Colombia Free Trade Agreement: Labor Issues
This report examines three labor issues and arguments related to the pending U.S.-Colombia free trade agreement (CFTA; H.R. 5724 and S. 2830): violence against trade unionists; impunity (accountability for or punishment of the perpetrators); and worker rights protections for Colombians.
Trafficking in Persons in Latin America and the Caribbean
This report looks at instances of trafficking in persons (TIP) in Latin America. It looks at current legislation in the U.S. to combat this problem.
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.
Latin America: Terrorism Issues
This is a report regarding U.S. attention to terrorism in Latin America, which has intensified in the aftermath of the September 11, 2001 terrorist attacks. The report talks about the 112th Congress's initiatives that have been introduced related to terrorism issues in the Western Hemisphere regarding Mexico, Venezuela, and the activities of Iran and Hezbollah.
Compulsory DNA Collection: A Fourth Amendment Analysis
This report examines compulsory DNA collection by law enforcement and its implications in regards to 4th amendment protections by examining legal precedents and considering the contemporary scientific understanding of DNA.
Reauthorizing the Office of National Drug Control Policy: Issues for Consideration
This report provides a discussion of the National Drug Control Strategy, the National Drug Control Budget, and Office of National Drug Control Policy (ONDCP) evaluation of the National Drug Control Strategy implementation. It then provides an analysis of selected legislative and oversight issues that Congress may consider when debating the reauthorization of ONDCP.
The Elder Justice Act: Background and Issues for Congress
This report provides a brief legislative history of the Elder Justice Act, summarizes elder justice provisions enacted as part of ACA, and administrative efforts related to implementation and funding. The report then describes several issues for Congress with respect to the act's reauthorization.
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.
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.
Terrorism, Miranda, and Related Matters
This report provides background information regarding Miranda rights and public safety exception. The report discusses Supreme Court decisions on Miranda v. Arizona, due process inquiry, and the Fifth Amendment right.
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.
Compulsory DNA Collection: A Fourth Amendment Analysis
This report examines compulsory DNA collection by law enforcement and its implications in regards to 4th amendment protections by examining legal precedents and considering the contemporary scientific understanding of DNA.
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.
Qualified Immunity for a Police Shooting
This report discusses the rule of qualified immunity for police officers, which prevents officers from being sued for actions taken in the course of their job unless there was a clear decision by the officer to break the law or incompetence. It specifically discusses the case of "White v. Pauly" heard by the Supreme Court, which upheld qualified immunity for Officer White after he was accused of violating a suspect's fourth amendment rights by use of excessive force to seize the suspect who had been fatally shot during the incident.
Fibbing to Get a Lawyer: Circuits Split on Punishment
This report discusses differing views held by U.S. appellate courts regarding whether lying about one's assets to pre-trial service personnel in order to get a court-appointed lawyer can be used as a justification to increase the sentence of the offender.
The State Department's "Trafficking in Persons" Report: Scope, Aid Restrictions, and Methodology
This report describes the legislative provisions that govern the U.S. Department of State's production of the annual TIP Report, reviews country ranking trends in the TIP Report, and identifies recent congressional oversight of and legislative activity to modify the TIP Report. Answers to selected frequently asked questions (FAQs) are included throughout the report.
Mexico: Evolution of the Mérida Initiative, 2007-2019
This report begins with a brief discussion of security challenges in Mexico and Mexico's security strategy. It then provides information on congressional funding and oversight of the Mérida Initiative, with details about each of the program's four pillars. The report concludes by raising policy issues that Congress may wish to consider.
Juvenile Justice Funding Trends
This report provides a brief overview of the juvenile justice grant programs and the overall appropriation administered by the Department of Justice's (DOJ's) Office of Juvenile Justice and Delinquency Prevention (OJJDP). There is no federal juvenile justice system, however the government uses federal juvenile justice entities and grant programs in order to influence the states' systems. Eligibility for some of these grant programs is tied to certain mandates that the states must adhere to in order to receive federal funding.
Combating Terrorism: First Emergency Supplemental Appropriations - Distribution of Funds to Departments and Agencies
This report provides background on the 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States, P.L. 107-38 (H.R. 2888) as well as the criteria for use of the funds developed by The Office of Management and Budget (OMB). It also outlines information about supplemental fund distributions in three tables.
Former U.S. Hostages of Iran to be Eligible for Compensation
This legal sidebar briefly discusses the U.S. victims of the 1979-1981 Iran Hostage Crisis, who will become eligible to receive up to $4.4 million each in compensation, thanks to the Justice for United States Victims of State Sponsored Terrorism Act.
Compulsory DNA Collection: A Fourth Amendment Analysis
This report examines statutory authorities, constitutional principles, and case law related to compulsory DNA extraction and analyzes potential impacts of recent developments for Fourth Amendment cases.
Adam Walsh Child Protection and Safety Act: A Legal Analysis
This report summarizes and describes the history of the Adam Walsh Child Protection and Safety Act. Moreover, this report divides the act into four categories: a revised sex offender registration system, child and sex related amendments to federal criminal procedure, child protective grant programs, and punitive initiatives against sex offenders. The report examines each of these provisions of the bill to effectively summarize it, and gives the reader the information to find an available abridged version.
Latin America: Terrorism Issues
U.S. attention to terrorism in Latin America intensified in the aftermath of the September 2001 terrorist attacks on New York and Washington, with an increase in bilateral and regional cooperation. Over the past several years, policymakers have been concerned about Iran's increasing activities in Latin America, particularly its relations with Venezuela, although there has been disagreement over the extent and significance of Iran's relations with the region. In the 112th Congress, several initiatives have been introduced related to terrorism issues in the Western Hemisphere regarding Mexico, Venezuela, and the activities of Iran and Hezbollah, and several oversight hearings have been held.
Cybersecurity: Authoritative Reports and Resources
Cybersecurity vulnerabilities challenge governments, businesses, and individuals worldwide. Congress has been actively involved in cybersecurity issues, holding hearings every year since 2001. There is no shortage of data on this topic: government agencies, academic institutions, think tanks, security consultants, and trade associations have issued hundreds of reports, studies, analyses, and statistics. This report provides links to selected authoritative resources related to cybersecurity issues and will be updated as needed.
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