Congressional Research Service Reports - 322 Matching Results

Search Results

prev Results: 151 - 200 next
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.
Interrogation of Detainees: Overview of the McCain Amendment
Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain Amendment.” This report discusses the McCain Amendment, as modified and subsequently enacted into law.
Interrogation of Detainees: Overview of the McCain Amendment
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.
Bangladesh: Background and U.S. Relations
This report discusses the key issues regarding U.S.-Bangladesh Relations. U.S. policy toward Bangladesh emphasizes support for political stability and democracy; social and economic development; and improvement of human rights. The United States has long-standing supportive relations with Bangladesh and has viewed Bangladesh as a moderate voice in the Islamic world.
Undisclosed U.S. Detention Sites Overseas: Background and Legal Issues
No Description Available.
Cuba After Fidel Castro: U.S. Policy Implications and Approaches
In the new context of Fidel’s transfer of power, there are two broad policy approaches to contend with political change in Cuba: a stay-the-course or status-quo approach that would maintain the U.S. dual-track policy of isolating the Cuban government while providing support to the Cuban people; and an approach aimed at influencing the Cuban government and Cuban society through increased contact and engagement.
Cuba After Fidel Castro: U.S. Policy Implications and Approaches
In the new context of Fidel’s transfer of power, there are two broad policy approaches to contend with political change in Cuba: a stay-the-course or status-quo approach that would maintain the U.S. dual-track policy of isolating the Cuban government while providing support to the Cuban people; and an approach aimed at influencing the Cuban government and Cuban society through increased contact and engagement.
The United Nations Human Rights Council: Issues for Congress
No Description Available.
The War Crimes Act: Current Issues
No Description Available.
Interrogation of Detainees: Overview of the McCain Amendment
Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain Amendment.” This report discusses the McCain Amendment, as modified and subsequently enacted into law.
Interrogation of Detainees: Overview of the McCain Amendment
Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain amendment.” This report discusses the McCain amendment, as modified and subsequently enacted into law.
Pakistan-U.S. Relations
No Description Available.
U.S.-Vietnam Relations: Background and Issues for Congress
No Description Available.
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.
Gun Legislation in the 109th Congress
This report discusses the ongoing debate over the efficacy and constitutionality of federal regulation of firearms and ammunition. The report provides background information and analysis over the pros and cons of the debate and gun related statistics. It is a contentious debate, with strong advocates for and against the further federal regulation of firearms.
Cuba: U.S. Restrictions on Travel and Remittances
Restrictions on travel to Cuba have been a key and often contentious component in U.S. efforts to isolate the communist government of Fidel Castro for much of the past 40 years. Under the Bush Administration, enforcement of U.S. restrictions on Cuba travel has increased, and restrictions on travel and on private remittances to Cuba have been tightened. Several legislative initiatives have been introduced in the 109th Congress that would ease restrictions on travel and remittances to Cuba. These bills would, among other things, lift overall restrictions on travel to Cuba, lift the overall embargo, and ease restrictions on exporting agricultural commodities to Cuba.
Palestinian Education and the Debate Over Textbooks
CRS Report for Congress entailing information about Palestinian education and the debate over textbooks. Topics include, allegations, recent developments, issues for congress, etc..
Gun Legislation in the 109th Congress
This report discusses the gun legislation in the 190th Congress. It presents the views of a contentious debate, with strong advocates for and against the further federal regulation of firearms.
Cuba: Issues for the 109th Congress
This report, which will be updated regularly, examines issues in U.S.-Cuban relations and tracks legislative initiatives on Cuba in the 109th Congress. The 109th Congress will likely continue an active interest in Cuba concerning human rights, debate over economic sanctions (especially on travel), food and agricultural exports to Cuba, terrorism issues, Radio and TV Marti, bilateral anti-drug cooperation, and migration issues.
Cuba: Issues for the 109th Congress
This report, which will be updated regularly, examines issues in U.S.-Cuban relations and tracks legislative initiatives on Cuba in the 109th Congress. The 109th Congress will likely continue an active interest in Cuba concerning human rights, debate over economic sanctions (especially on travel), food and agricultural exports to Cuba, terrorism issues, Radio and TV Marti, bilateral anti-drug cooperation, and migration issues.
Trafficking in Persons: The U.S. and International Response
Trafficking in people for prostitution and forced labor is one of the most prolific areas of international criminal activity and is of significant concern to the United States and the international community. The overwhelming majority of those trafficked are women and children. According to the most recent Department of State estimates, between 600,000 and 800,000 people are trafficked across borders each year.
Social Unrest in China
No Description Available.
Privacy: Key Recommendations of the 9/11 Commission
Several of the recommendations made to protect against and prepare for terrorist attacks in the final report of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) focus on the protection of civil liberties. This report examines these recommendations, and those of other recent commissions.
Privacy: An Abbreviated Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping
This report discusses laws making it illegal to wiretap telephones or eavesdrop on other forms of telecommunication and electronic communication, such as email, without a court order.
Papua, Indonesia: Issues for Congress
No Description Available.
Obscenity: A Legal Primer
This report provides an overview of the present law of obscenity and pornography, with emphasis on the following topics: (1) the legal definition of obscenity; (2) the constitutionality of restrictive zoning laws; (3) federal authority to legislate in this area; (4) child pornography; (5) regulation of the broadcast media in this context; (6) obscenity and cable television; (7) obscene prerecorded messages; (8) seizure of obscene materials; and .(9) pornography as a form of sex discrimination.
National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments
This report discusses the USA PATRIOT Act, which expanded the authority of four national security letter (NSL) statutes and created a fifth, and the USA PATRIOT Improvement and Reauthorization Act that amended the previous legislation.
National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments
This report discusses the USA PATRIOT Act, which expanded the authority of four national security letter (NSL) statutes and created a fifth, and the USA PATRIOT Improvement and Reauthorization Act that amended the previous legislation. This is an abridged version of CRS Report RL33320, "National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments".
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.
Data Security: Protecting the Privacy of Phone Records
This report discusses recent legislative and regulatory efforts to protect the privacy of customer telephone records, and efforts to prevent the unauthorized use, disclosure, or sale of such records by data brokers. In addition, it provides a brief overview of the confidentiality protections for customer information established by the Communications Act of 1934.
Data Security: Protecting the Privacy of Phone Records
This report discusses recent legislative and regulatory efforts to protect the privacy of customer telephone records, and efforts to prevent the unauthorized use, disclosure, or sale of such records by data brokers. In addition, it provides a brief overview of the confidentiality protections for customer information established by the Communications Act of 1934.
Data Security: Federal and State Laws
Security breaches involving electronic personal data have come to light largely as a result of the California Security Breach Notification Act, a California notification law that went into effect in 2003. In response, the states and some Members have introduced bills that would require companies to notify persons affected by such security breaches. By December 2005, 35 states had introduced data security legislation and 22 states had enacted data security laws.
Data Security: Federal Legislative Approaches
This report discusses the core areas addressed in federal legislation, including the scope of coverage (who is covered and what information is covered); data privacy and security safeguards for sensitive personal information; requirements for security breach notification (when, how, triggers, frequency, and exceptions); restrictions on social security numbers (collection, use, and sale); credit freezes on consumer reports; identity theft penalties; causes of action; and preemption.
Human Rights and U.S. Foreign Policy
Following a review of such broad policy issues, this report treats specific human rights issues of current interest. Discussions of controversy over the selection of an Assistant Secretary of State for Human Rights and Humanitarian Affairs and of human rights policy at the international financial institutions are followed by reviews of U.S. human rights policy toward Argentina, El Salvador, Nicaragua, South Africa, and the Soviet Union.
Federal Habeas Corpus: An Abridged Sketch
This report discusses federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often invoked after conviction and the exhaustion of the ordinary means of appeal. It is at once the last refuge of scoundrels and the last hope of the innocent. It is an intricate weave of statute and case law whose reach has flowed and ebbed over time.
Federal Habeas Corpus: A Brief Legal Overview
This report discusses Federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review.
Federal Habeas Corpus Relief: Background, Legislation, and Issues
This report examines the issues surrounding the debate on whether to further restrict state prisoners’ access to federal habeas corpus filings. This report does not discuss issues related to federalism and the proper role of the federal court system in overseeing the actions of state courts pertaining to prisoners’ constitutional rights. The report opens with a discussion of a commission that was established in 1988 to study and make recommendations of the then-current federal habeas corpus system and the 1996 law that restricted prisoners’ access to federal habeas corpus relief. It then provides an analysis of federal habeas corpus petition data since 1990. The report examines whether the number of federal habeas corpus petitions and the time it takes for the federal court system to process these claims have increased since the enactment of the the Anti-Terrorism and Effective Death Penalty Act (AEDPA). It then discusses legislation introduced in the 109th Congress that would further restrict state prisoners’ access to federal habeas corpus relief. The report concludes with an analysis of two dominant issues that are at the center of this debate: delays caused by habeas corpus petitions and post-conviction representation.
China and Falun Gong
“Falun Gong,” also known as “Falun Dafa,”1 combines an exercise regimen with meditation and moral tenets. The “Falun Gong” movement has led to the largest and most protracted public demonstrations in China since the democracy movement of 1989. On April 25, 1999, an estimated 10,000 to 30,000 adherents assembled in front of Zhongnanhai, the Chinese Communist Party leadership compound, and participated in a silent protest against state repression of their activities. On July 21, 1999, the People’s Republic of China (PRC) government, fearful of the spread of social unrest, outlawed the movement and began to arrest Falun Gong protesters.
The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens
No Description Available.
Treatment of "Battlefield Detainees" in the War on Terrorism
No Description Available.
Interrogation of Detainees: Overview of the McCain Amendment
This report discusses the recent controversy that 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). Congress recently approved additional guidelines concerning the treatment of detainees. 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) contain identical 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, added to the defense appropriations and authorization bills via amendments 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.
Tax Return Confidentiality
No Description Available.
Human Rights in U.S. Foreign Relations: Six Key Questions in the Continuing Policy Debate
This report provides background information and a general overview of the role of human rights in U.S. foreign policy. It includes a discussion of some traditional arguments about how international human rights concerns might be integrated with other foreign policy factors. It also includes a discussion of the definition of human rights, of U.S. international obligations to promote human rights, and the apparatus and procedures available to the U.S. Government for implementing human rights policy. Particular attention is paid to congressional actions, not only in debating and holding hearings on human rights issues, but especially in enacting laws to assure that U.S. foreign policy formulation and practice include consideration of the status of human rights in other countries.
The Endangered Species Act and Claims of Property Rights "Takings": A Summary of the Court Decisions
This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve lake levels or instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of listed species.
The Endangered Species Act and Claims of Property Rights "Takings"
This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve lake levels or instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of listed species.
Condemnation of Private Property for Economic Development: Legal Comments on the House-Passed Bill (H.R. 4128) and Bond Amendment
The prohibition on economic development condemnations extends not only to land taken for the explicit purpose of economic development but also to land subsequently so used. The latter coverage raises the possibility that although a parcel was initially condemned for a non-prohibited purpose, its use years later for a prohibited one would trigger the two-year cut-off of federal funds. Nor does there seem to be any proportionality requirement between the prohibited condemnations and the length and scope of the federal funds suspension. If Congress’ Spending Power includes a proportionality requirement for conditions on federal funds, as the Court suggests, the absence of proportionality in some of the bill’s applications may raise a constitutional issue.
Constitutionality of Applying the FCC's Indecency Restriction to Cable Television
Various federal officials have spoken in favor of extending the Federal Communication Commission’s indecency restriction, which currently applies to broadcast television and radio, to cable and satellite television. This report examines whether such an extension would violate the First Amendment’s guarantee of freedom of speech.
Guantanamo Detainees: Habeas Corpus Challenges in Federal Court
This report provides an overview of the Combatant Status Review Tribunal procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Graham Amendment and analyzes how it might affect detainee-related litigation in federal court.
The Endangered Species Act and Claims of Property Rights "Takings"
This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve lake levels or instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of listed species.
Wireless Privacy and Spam: Issues for Congress
Wireless communications devices such as cell phones and personal digital assistants (PDAs) are ubiquitous. Some consumers, already deluged with unwanted commercial messages, or “spam,” via computers that access the Internet by traditional wireline connections, are concerned that such unsolicited advertising is expanding to wireless communications, further eroding their privacy. Congress continues to debate how to protect wireless subscribers further, and several bills were considered in the 108th Congress.
Back to Top of Screen