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The Freedom of Information Act (FOIA): Background, Legislation, and Policy Issues
This report provides background on the Freedom of Information Act (FOIA), discusses the categories of records FOIA exempts from public release, and analyzes statistics on FOIA administration. It also provides background on several legal and policy issues related to FOIA, including the release of controversial records, the growth in use of certain FOIA exemptions, and the adoption of new technologies to improve FOIA administration. The report concludes with an examination of potential FOIA-related policy options for the 113th Congress.
Congressional Authority to Regulate Firearms: A Legal Overview
Courts have been confronted with the question of whether federal laws can be applied to intrastate possession and intrastate transfers of firearms, or whether such application exceeds the authority of Congress. This report explores these cases and how courts have analyzed these as-applied challenges under the Supreme Court's Commerce Clause jurisprudence primarily set forth in United States v. Lopez.
Satellite Surveillance: Domestic Issues
This report provides background on the development of intelligence satellites and identifies the roles various agencies play in their management and use. Issues surrounding the current policy and proposed changes are discussed, including the findings of an Independent Study Group (ISG) with respect to the increased sharing of satellite intelligence data. There follows a discussion of legal considerations, including whether satellite reconnaissance might constitute a "search" within the meaning of the Fourth Amendment; an overview of statutory authorities, as well as restrictions that might apply; and a brief description of executive branch authorities and Department of Defense directives that might apply. The report concludes by suggesting policy issues Congress may consider as it deliberates the potential advantages and pitfalls that may be encountered in expanding the role of satellite intelligence for homeland security purposes.
The United Nations Human Rights Council: Issues for Congress
This report provides historical background of the Council, including the role of the previous Commission. It discusses the Council's current mandate and structure, as well as U.S. policy and congressional actions.
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.
The Freedom of Information Act (FOIA): Background and Policy Options for the 113th Congress
This report provides background on the Freedom of Information Act (FOIA), discusses the categories of records FOIA exempts from public release, and analyzes statistics on FOIA administration. The report also provides background on several legal and policy issues related to FOIA, including the release of controversial records, the growth in use of certain FOIA exemptions, and the adoption of new technologies to improve FOIA administration. The report concludes with an examination of potential FOIA-related policy options for Congress.
The Federal Bureau of Investigation and Terrorism Investigations
This report provides background information on key elements of the FBI terrorism investigative process, based on publicly available information. This report sets forth possible considerations for Congress as it executes its oversight role, including the extent to which intelligence has been integrated into FBI operations to support its counterterrorism mission and the progress the Bureau has made on its intelligence reform initiatives.
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."
The United Nations Human Rights Council: Issues for Congress
This report provides historical background of the Council, including the role of the previous Commission. It discusses the Council's current mandate and structure, as well as U.S. policy and congressional actions.
Human Rights in China: Trends and Policy Implications
This report analyzes China's mixed record on human rights -- major human rights problems, new 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.
Egypt: Background and U.S. Relations
This report provides a brief overview of the key issues for Congress related to Egypt and information on U.S. foreign aid to Egypt. The United States has provided significant military and economic assistance to Egypt since the late 1970s. U.S. policy makers have routinely justified aid to Egypt as an investment in regional stability, built primarily on long-running military cooperation and on sustaining the March 1979 Egyptian-Israeli peace treaty.
The Obama Administration's Open Government Initiative: Issues for Congress
This report reviews and discusses President Obama's Open Government Initiative and the Open Government Directive. The report then analyzes both agency response to the OGI and the OGD, and examines whether the OGD's requirements can meet the stated goals of the Administration. The report discusses the three central tenets of the Administration's OGD--transparency, public participation, and collaboration--and analyzes each one individually to determine whether agencies are meeting these requirements and whether the requirements may improve the effectiveness of the federal government.
The Freedom of Information Act and Nondisclosure Provisions in Other Federal Laws
This report discusses Congressional considerations regarding how to balance the federal government's growing need for sensitive or confidential business information, the public's right of access to information about government activities, and the private sector's interest in keeping its sensitive or proprietary information protected from public disclosure. The report discusses this issue in light of particularly the Freedom of Information Act (FOIA) and other similar legislation.
Habeas Corpus Legislation in the 111th Congress
This report is a brief overview of the recommendations from the Constitution Subcommittee of the House Committee on the Judiciary and legislative proposals on habeas review.
Public Employees' Right to Privacy in Their Electronic Communications: City of Ontario v. Quon in the Supreme Court
This report discusses public employees' right to privacy in their electronic communications, the supreme court case City of Ontario v. Quon.
U.S. Initiatives to Promote Global Internet Freedom: Issues, Policy, and Technology
This report provides information regarding the role of U.S. and other foreign companies in facilitating Internet censorship by repressive regimes overseas. The report is divided into several sections: Examination of repressive policies in China and Iran, Relevant U.S. laws, U.S. policies to promote Internet freedom, Private sector initiatives, and Congressional action.
Preventing Gun Violence While Protecting Gun Rights: CRS Experts
This report provides a table with names and contact information of CRS experts on policy issues related to preventing gun violence while protecting gun violence.
Privacy and Civil Liberties Oversight Board: New Independent Agency Status
This report examines initial responses to the 9/11 Commission's call for a board to oversee adherence to presidential guidelines on information sharing that safeguard the privacy of individuals about whom information is shared, and the implementation of this board.
Privacy and Civil Liberties Oversight Board: New Independent Agency Status
This report examines initial responses to the 9/11 Commission's call for a board to oversee adherence to presidential guidelines on information sharing that safeguard the privacy of individuals about whom information is shared, and the implementation of this board.
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.
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.
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.
U.S. Initiatives to Promote Global Internet Freedom: Issues, Policy, and Technology
This report provides information regarding the role of U.S. and other foreign companies in facilitating Internet censorship by repressive regimes overseas. The report is divided into several sections: Examination of repressive policies in China and Iraq, Relevant U.S. laws, U.S. policies to promote Internet freedom, Private sector initiatives, and Congressional action.
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.
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.
Satellite Surveillance: Domestic Issues
This report provides background on the development of intelligence satellites and identifies the roles various agencies play in their management and use. Issues surrounding the current policy and proposed changes are discussed, including the findings of an Independent Study Group (ISG) with respect to the increased sharing of satellite intelligence data.
Immigration-Related Detention: Current Legislative Issues
This report discusses issues for Congress in regards to the potential reform of the nation's immigration system. The detention of noncitizens in the United States will likely be an issue. Under the law, there is broad authority to detain aliens while awaiting a determination of whether the noncitizen should be removed from the United States.
Privacy Law and Online Advertising
This report will examine the application of the Electronic Communications Privacy Act and the Communications Act to online behavioral advertising in more detail. It is likely that in many cases these laws could be held to apply to such activities and that these methods of data collection would be forbidden unless consent is obtained from one of the parties to the communication.
Protection of Children Online: Federal and State Laws Addressing Cyberstalking, Cyberharassment, and Cyberbullying
This report discusses Internet crimes, such as cyberbullying, cyberharassment, and cyberstalking, along with the limitations of such laws in the current environment. While Congress, under the Commerce Clause, has authority to regulate the Internet, Internet "harassment" presents new challenges for legislators in terms of defining and prosecuting such activity.
Protection of Children Online: Federal and State Laws Addressing Cyberstalking, Cyberharassment, and Cyberbullying
This report discusses Internet crimes, such as cyberbullying, cyberharassment, and cyberstalking, along with the limitations of such laws in the current environment. While Congress, under the Commerce Clause, has authority to regulate the Internet, Internet "harassment" presents new challenges for legislators in terms of defining and prosecuting such activity.
Interrogation of Detainees: Requirements of the Detainee Treatment Act
This report discusses provisions of the Detainee Treatment Act concerning standards for the interrogation and treatment of detainees.
Legal Standing Under the First Amendment's Establishment Clause
This report analyzes the constitutional issues associated with standing, specifically related to cases arising under the Establishment Clause. It provides a background on the doctrine of standing, including the U.S. Supreme Court's interpretation of various types of standing, including standing to sue as a citizen, as a taxpayer, and on behalf of another party.
Freedom of Information Act (FOIA): Issues for the 111th Congress
This report includes a brief history of the Freedom of Information Act (FOIA), discusses subsequent modifications of FOIA, addresses statutory changes to FOIA that have not yet been implemented, examines Obama Administration efforts to modify the act, and outlines possible legislative issues related to the act.
Interrogation of Detainees: Requirements of the Detainee Treatment Act
This report discusses provisions of the Detainee Treatment Act concerning standards for the interrogation and treatment of detainees.
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.
Science, Technology, and American Diplomacy: Background and Issues for Congress
is report analyzes China's mixed record on human rights -- major human rights problems, new 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.
Legal Analysis of Religious Exemptions for Photo Identification Requirements
This report analyzes the legal issues associated with religious exemptions to photo identification laws. Although no lawsuits appear to have challenged federal laws with photo requirements, state photo identification laws have been challenged for several decades.
Analysis of Selected Legislative Proposals Addressing Guantanamo Detainees
This report discusses the approaches that selected legislative proposals take regarding Guantanamo detainees.
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.
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.
Analysis of Selected Legislative Proposals Addressing Guantanamo Detainees
This report discusses the approaches that selected legislative proposals take regarding Guantanamo detainees.
National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background
This report discusses the USA PATRIOT Act (107-56) and its expanded authority to issue national security letters (NSLs). A report by the Department of Justice's Inspector General (IG) found that in its pre-amendment use of expanded USA PATRIOT Act authority the FBI had "used NSLs in violation of applicable NSL statutes, Attorney General Guidelines, and internal FBI policies," but that no criminal laws had been broken.
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.
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
This report provides an overview of the Combatant Status Review Tribunals (CSRTs) procedures. It summarizes relevant court cases and the effect of the Detainee Treatment Act, as well as pending legislation. The report also provides an analysis of relevant constitutional issues that may have some bearing on Congress's options with respect to detainees held at Guantanamo and elsewhere.
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 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).
Privacy Law and Online Advertising: Legal Analysis of Data Gathering By Online Advertisers Such As Double Click and NebuAd
This report discusses privacy issues arising from so called "e-havioral" advertising. This individual behavioral targeting has raised a number of privacy concerns.
Freedom of Speech and Press: Exceptions to the First Amendment
This report provides an overview of the major exceptions to the First Amendment, i.e., 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.
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.
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