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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.
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.
Arms Shipments to Iran
This report provides background and examines key questions in regards to the shipments of arms to Iran and the subsequent diversion of funds to Nicaraguan guerrillas by the Reagan Administration.
Alleged Fraud, Waste and, and Abuse: General Dynamics Corp.
Numerous Federal agencies -- including the Justice Department and Congressional committees -- are investigating allegations of fraud at the Electric Boat Division of General Dynamics Corporation, the nation's third largest defense contractor. This issue brief provides a chronological summary, based on newspaper and magazine accounts, of each of these investigations.
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.
USA PATRIOT Act Improvement and Reauthorization Act of 2005: A Legal Analysis
Several sections of the USA PATRIOT Act and one section of the Intelligence Reform and Terrorism Prevention Act of 2004 were originally scheduled to expire on December 31, 2005. In July 2005, both Houses approved USA PATRIOT reauthorization acts, H.R. 3199 and S. 1389, and the conference committee filed a report, H.Rept. 109-333. A separate bill, the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 (S. 2271), provided civil liberties safeguards not included in the conference report. Both H.R. 3199 and S. 2271 were signed into law (P.L. 109-177 and P.L. 109-178) by the President on March 9, 2006.
Polygraph Testing: Employee and Employer Rights
No Description Available.
Polygraph Testing of Employees In Private Industry
No Description Available.
Coordination of Federal Efforts to Control Illicit Drug Traffic
This report discusses how best to coordinate the Federal government's multi-agency efforts to curb illicit traffic in dangerous drugs has once again become an issue of major interest to the Congress. Critics of the Reagan Administration's anti-drug program contend that it lacks an overall strategy and that it suffers from the absence of a central mechanism for the formulation of general policy as well as for the broad direction of operations
Crime Control: Administration and Congressional Initiatives
The Reagan Administration announced its major crime Control proposals in 1981, shortly after the final report from the Attorney General's Task Force on Violent Crimes, and reiterated support for significant changes in Crime control legislation in 1983. Congressional initiatives and modifications of those proposals continue interest and controversy in crime control matters in the 98th Congress.
Social Security Benefits for Prisoners
On Mar. 24, 1983, the Congress adopted, as part of the Social Security Amendments of 1983 (P.L. 98-21), a measure to preclude virtually all incarcerated felons from receiving social security benefits of any kind, including retirement and survivor benefits. This action expanded previous legislation. In October 1980, legislation had been enacted (P.L. 96-473) that denied only social security disability benefits and student benefits to prisoners convicted of a felony.
Andean Counterdrug Initiative (ACI) and Related Funding Programs: FY2007 Assistance
This report discusses the funds and material support the U.S. has contributed to help Colombia and the Andean region fight drug trafficking since the development of Plan Colombia in 1999.
The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens
No Description Available.
NASA's Space Shuttle Program: The Columbia Tragedy, the Discovery Mission, and the Future of the Shuttle
This report discusses the Columbia tragedy, the Discovery mission, and issues for Congress regarding the future of the shuttle.
USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 (S. 2271)
No Description Available.
Parental Kidnapping
No Description Available.
Gun Control
This report provides basic firearms-related issues and a summary of legislative action.
Material Support of Terrorists and Foreign Terrorist Organizations: Sunset Amendments
No Description Available.
Treatment of "Battlefield Detainees" in the War on Terrorism
No Description Available.
The Insanity Defense: An Overview and Legislative Proposals
This report will discuss the insanity defense as used in the federal courts. It will briefly trace the history of the evolution of that defense from its earliest formulation to the version used in the John Hinckley case, and will provide, in summary form, descriptive analysis of various pieces of Legislation to change federal law with regard to the substantive definition of the defense, the allocation of the burden of persuasion when the defense is invoked, and procedures following the successful use of the defense.
Options for Trying Saddam Hussein for International Crimes
No Description Available.
Homeland Security: Protecting Airliners from Terrorist Missiles
Recent events have focused attention on the threat that terrorists with shoulder fired surface-to-air missiles (SAMs), referred to as Man-Portable Air Defense Systems (MANPADS), pose to commercial airliners. This report discusses SAMs and examines options for mitigating missile threats.
Homeland Security: Protecting Airliners from Terrorist Missiles
Recent events have focused attention on the threat that terrorists with shoulder fired surface-to-air missiles (SAMs), referred to as Man-Portable Air Defense Systems (MANPADS), pose to commercial airliners. This report discusses SAMs and examines options for mitigating missile threats.
Drug Control: International Policy and Approaches
Over the past decade, worldwide production of illicit drugs has risen dramatically: opium and marijuana production has roughly doubled and coca production tripled. Street prices of cocaine and heroin have fallen significantly in the past 20 years, reflecting increased availability. Despite apparent national political resolve to deal with the drug problem, inherent contradictions regularly appear between U.S. anti-drug policy and other national policy goals and concerns. The mix of competing domestic and international pressures and priorities has produced an ongoing series of disputes within and between the legislative and executive branches concerning U.S. international drug policy. One contentious issue has been the Congressionally-mandated certification process, an instrument designed to induce specified drug-exporting countries to prioritize or pay more attention to the fight against narcotics businesses.
Water Quality: Implementing the Clean Water Act
No Description Available.
Terrorism and National Security: Issues and Trends
No Description Available.
USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 (S. 2271)
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.
Military Aviation: Issues and Options for Combating Terrorism and Counterinsurgency
This report provides background on terrorism and non-state actor challenges, and how military aviation may contribute to operations against these actors. The report discusses issues associated with the use of military aviation against non-state actors, and potential options for consideration.
U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques
No Description Available.
Terrorism and National Security: Issues and Trends
Report on the threats to national security posed by terrorism, including recent developments, background issues, policy responses, and more.
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.
Social Security Administration: Suspension of Benefits for Fugitive Felons
No Description Available.
Federal Grand Juries: The Law in a Nutshell
This report discusses the history and current role of the federal grand jury in the American criminal justice system. The federal grand jury exists to investigate crimes against the United States and to secure the constitutional right of grand jury indictment. Its responsibilities require broad powers. As an arm of the United States District Court which summons it, upon whose process it relies, and which will receive any indictments it returns, the grand jury's subject matter and geographical jurisdiction is that of the court to which it is attached.
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.
Andean Counterdrug Initiative (ACI) and Related Funding Programs: FY2006 Assistance
This report discusses the funds and material support the U.S. has contributed to help Colombia and the Andean region fight drug trafficking since the development of Plan Colombia in 1999.
Andean Counterdrug Initiative (ACI) and Related Funding Programs: FY2005 Assistance
This report discusses the funds and material support the U.S. has contributed to help Colombia and the Andean region fight drug trafficking since the development of Plan Colombia in 1999.
USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199): A Legal Analysis of the Conference Bill
Among other things, Title I makes permanent 14 USA PATRIOT Act sections scheduled to expire on February 3, 2006, as well as the terrorism support amendments scheduled to expire on December 31, 2006. It amends and postpones until December 31, 2009 the expiration of the act’s sections 206 and 215 relating to Foreign Intelligence Surveillance Act (FISA) orders for roving wiretaps and access to business records. It extends the temporary FISA “lone wolf” provision to the same date.
USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199): A Side-by-Side Comparison of Existing Law, H.R. 3199 (Conference) and H.R. 3199 (Senate Passed)
The Uruguay Round Agreements Act, which legislatively approved the United States' membership in the World Trade Organization (WTO), also contains provisions setting out the legislative procedure for revoking such approval, potentially leading to the withdrawal of the United States from the WTO. This report sets out the functional timetable and requirements for taking legislative action for United States withdrawal from the WTO.
The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions
This report will examine the detailed statutory structure provided by FISA and related provisions of E.O. 12333. In addition, it will discuss the decisions of the U.S. Foreign Intelligence Surveillance Court and the U.S. Foreign Intelligence Surveillance Court of Review
Terrorism and National Security: Issues and Trends
No Description Available.
Congress' Power to Legislate Control Over Hate Crimes: Selected Legal Theories
Congress has no power under the commerce clause over “noneconomic, violent criminal conduct” that does not cross state lines said Chief Justice William Rehnquist in United States v. Morrison. Congress, however, enjoys additional legislative powers under the spending clauses and the legislative clauses of the Thirteenth and Fifteenth Amendments. Extensive, if something less than all encompassing, national legislation may be possible under the confluence of authority conveyed by the commerce clause, spending clause, and the legislative clauses of the constitution’s Reconstruction Amendments, provided the limitations of the First, Sixth and Tenth Amendments are observed.
Improvised Explosive Devices in Iraq: Effects and Countermeasures
No Description Available.
Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2005
This report provides background information on each defense-related environmental program, discusses key funding issues, and examines relevant provisions in authorization legislation and appropriations for FY2005.
Immigration Consequences of Criminal Activity
Congress has broad plenary authority to determine classes of aliens who maybe admitted into the United States and the grounds for which they may be removed. Pursuant to the Immigration and Nationality Act (INA), as amended, certain conduct may either disqualify an alien from entering the United States (“inadmissibility”) or provide grounds for his or her removal/deportation. Prominently included among this conduct is criminal activity. “Criminal activity” comprises acts violative of federal, state, or, in many cases, foreign criminal law. It does not cover violations of the INA that are not crimes, most notably, being in the U.S. without legal permission. Thus, the term “illegal alien” — an alien without legal status — is not synonymous with “criminal alien.”
Immigration Consequences of Criminal Activity
Congress has broad plenary authority to determine classes of aliens who maybe admitted into the United States and the grounds for which they may be removed. Pursuant to the Immigration and Nationality Act (INA), as amended, certain conduct may either disqualify an alien from entering the United States (“inadmissibility”) or provide grounds for his or her removal/deportation. Prominently included among this conduct is criminal activity. “Criminal activity” comprises acts violative of federal, state, or, in many cases, foreign criminal law. It does not cover violations of the INA that are not crimes, most notably, being in the U.S. without legal permission. Thus, the term “illegal alien” – an alien without legal status – is not synonymous with “criminal alien.”
Homeland Security: 9/11 Victim Relief Funds
In the first days following the terrorist attacks of September 11, 2001, an unprecedented number of Americans contributed over $2.7 billion in donations to assist in the relief of victims. According to a 2004 Rand Corporation study, that money amounted to only a modest share (7%) of the $38.1 billion “quantified benefits” provided to victims of the terrorist attacks. The Rand Study reported that payments worth $19.6 billion (51%) were disbursed by insurers and $15.8 billion (42%) were disbursed by government programs.
Afghanistan: Connections to Islamic Movements In Central and South Asia and Southern Russia
After several years of relative peace in Central Asia and southern Russia, Islamic extremist movements have become more active in Russia and in Central and South Asia, threatening stability in the region. Although numerous factors might account for the upsurge in activity, several of these movements appear to have connections to the Islamic fundamentalist Taliban regime in Afghanistan. These linkages raise questions about whether the United States, as part of a broader effort to promote peace and stability in the region, should continue to engage the Taliban regime, or strongly confront it. This report will be updated as events warrant.
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