Congressional Research Service Reports - 89 Matching Results
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- 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.
- Social Security Administration: Suspension of Benefits for Fugitive Felons
- No Description Available.
- Science, State, Justice, Commerce and Related Agencies (House)/ Commerce, Justice, Science and Related Agencies (Senate): FY2006 Appropriations
- This report monitors actions taken by the 109th Congress for the House’s Science, State, Justice, Commerce, and Related Agencies (SSJC) and the Senate’s Commerce, Justice, Science, and Related Agencies (CJS) FY2006 appropriations legislation.
- Trafficking in Persons in Latin America and the Caribbean
- This report describes the nature and scope of the problem of trafficking in persons in Latin America and the Caribbean. The report then describes U.S. efforts to deal with trafficking in persons in the region, as well as discusses the successes and failures of some recent country and regional anti-trafficking efforts. The report concludes by raising several issues for policy consideration that may be helpful as the 109th Congress continues to address human trafficking as part of its authorization, appropriations, and oversight activities.
- 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.
- Adequate Yearly Progress (AYP): Might Growth Models Be Allowed Under the No Child Left Behind Act?
- The Environmental Protection Agency (EPA) is currently engaged in a series of regulatory actions to address the transport of ozone pollution in the eastern United States. This report reviews this situation with respect to an EPA-proposed Ozone Transport Rule and other activities.
- 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.
- U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques
- This report discusses the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdiction and to criminalize all acts of torture.
- Terrorism and National Security: Issues and Trends
- No Description Available.
- Terrorist Capabilities for Cyberattack: Overview and Policy Issues
- 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.
- State Statutes Governing Hate Crimes
- No Description Available.
- Material Support of Terrorists and Foreign Terrorist Organizations: Expiring Amendments in Brief
- No Description Available.
- 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.
- 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.
- Terrorism and National Security: Issues and Trends
- International terrorism has long been recognized as a serious foreign and domestic security threat. This issue brief examines international terrorist actions and threats and the U.S. policy response. As the 9/11 Commission report released on July 19, 2004, concludes, the United States needs to use all tools at its disposal, including diplomacy, international cooperation, and constructive engagement to economic sanctions, covert action, physical security enhancement, and military force.
- Terrorism in South Asia
- This report reviews the recent incidence of terrorism in South Asia, concentrating on Pakistan and India, but also including Afghanistan, Bangladesh, Sri Lanka, and Nepal. The existence of international terrorist groups and their supporters in South Asia is identified as a threat to both regional stability and to the attainment of central U.S. policy goals. Al Qaeda forces that fled from Afghanistan with their Taliban supporters remain active on Pakistani territory, and Al Qaeda is believed to have links with indigenous Pakistani terrorist groups that have conducted anti-western attacks and that support separatist militancy in Indian Kashmir. Al Qaeda founder Osama bin Laden and his lieutenant, Ayman al-Zawahiri, are widely believed to be in Pakistan.
- Al Qaeda: Profile and Threat Assessment
- No Description Available.
- Material Support of Terrorists and Foreign Terrorist Organizations: Expiring Amendments in Brief
- No Description Available.
- Material Support of Terrorists and Foreign Terrorist Organizations: Sunset Amendments
- No Description Available.
- USA PATRIOT Act Reauthorization in Brief
- No Description Available.
- USA PATRIOT Act: Background and Comparison of House- and Senate-approved Reauthorization and Related Legislative Action
- The House and Senate have each passed USA PATRIOT Reauthorization Acts, H.R. 3199 and S. 3189. Both make permanent most of the expiring USA PATRIOT Act sections, occasionally in modified form. After amending two of the more controversial expiring sections, 206 (roving Foreign Intelligence Surveillance Act (FISA) wiretaps) and 215 (FISA tangible item access orders (business records-library records)), they postpone their expiration date, S. 1389 until December 31, 2009; H.R. 3199 until December 31, 2015. Both address questions raised as to the constitutionality of various “national security letter” (NSL) statutes by providing for review, enforcement, and exceptions to the attendant confidentiality requirements in more explicit terms. S. 1389 limits its NSL adjustments to the statute that affords federal foreign intelligence investigators access to communications records; H.R. 3199 amends the communications, and the financial institution and the credit bureau NSL statutes.
- The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice
- This report provides a background and analysis comparing military commissions as envisioned under M.C.O. (Military Commission Order) No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President's M.O., and explains how those concerns are addressed by the military commission orders and instructions. A summary of the Hamdan case follows, as well as an overview of relevant legislation. Finally, the report provides two charts to compare the regulations issued by the Department of Defense to standard procedures for general courts-martial under the Manual for Courts-Martial and to proposed legislation.
- The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice
- This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
- The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice
- This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
- Digital Surveillance: The Communications Assistance for Law Enforcement Act
- The Communications Assistance for Law Enforcement Act (CALEA, P.L. 103- 414, 47 USC 1001-1010), enacted October 25, 1994, is intended to preserve the ability of law enforcement officials to conduct electronic surveillance effectively and efficiently despite the deployment of new digital technologies and wireless services that have altered the character of electronic surveillance. CALEA requires telecommunications carriers to modify their equipment, facilities, and services, wherever reasonably achievable, to ensure that they are able to comply with authorized electronic surveillance actions.
- Terrorist Financing: U.S. Agency Efforts and Inter-Agency Coordination
- No Description Available.
- Islamist Extremism in Europe
- Although the vast majority of Muslims in Europe are not involved in radical activities, Islamist extremists and vocal fringe communities that advocate terrorism exist and reportedly have provided cover for terrorist cells. This report provides an overview of Islamist extremism in Europe, possible terrorist links, European responses, and implications for the United States.
- Treatment of "Battlefield Detainees" in the War on Terrorism
- No Description Available.
- Terrorism and National Security: Issues and Trends
- No Description Available.
- Detainees at Guantànamo Bay
- After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to the detentions.
- Latin America: Terrorism Issues
- In the aftermath of the September 2001 terrorist attacks on New York and Washington D.C., U.S. attention to terrorism in Latin America intensified, with an increase in bilateral and regional cooperation. Latin American nations strongly condemned the attacks and took action through the Organization of American States (OAS) to strengthen hemispheric cooperation. In June 2002, OAS members signed an Inter-American Convention Against Terrorism. President Bush submitted the convention to the Senate in November 2002 for its advice and consent, and the Senate Foreign Relations Committee held a public hearing on June 17, 2004. In its annual report on worldwide terrorism, the State Department highlights threats in Colombia, Peru, and the tri-border area of Argentina, Brazil, and Paraguay. The State Department also has designated four terrorist groups (three in Colombia and one in Peru) as Foreign Terrorist Organizations and Cuba has been listed as a state sponsor of terrorism since 1982.
- USA PATRIOT Act Reauthorization Proposals and Related Matters in Brief
- No Description Available.
- 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.”
- Terrorism Risk Insurance: An Overview
- No Description Available.
- USA PATRIOT Act Sunset: Provisions That Expire on December 31, 2005
- No Description Available.
- Cybercrime: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws
- The federal computer fraud and abuse statute, 18 U.S.C. 1030, protects federal computers, bank computers, and computers used in interstate and foreign commerce. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills crack and gaps in the protection afforded by other federal criminal laws. This is a brief sketch of section 1030 and some of its federal statutory companions.
- Trafficking in Persons: The U.S. and International Response
- No Description Available.
- Detainees at Guantànamo Bay
- After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to the detentions.
- An Abridged View of the Gang Deterrence and Community Protection Act (H.R. 1279)
- This report summarizes the Gang Deterrence and Community Protection Act (H.R. 1279) and its effects. This includes information such as an increase in criminal penalties assigned to violent crimes and expanding the instances where juveniles could be tried as adults. For more information see CRS Report RL32946 "Gang Deterrence A Legal Analysis of H.R. 1279 With References to S. 155.
- Gang Deterrence: A Legal Analysis of H.R. 1279 With References to S. 155
- This report examines the Gang Deterrence and Community Protection Act of 2005, H.R. 1279, which as passed by the House, among other things, would dramatically increase the criminal penalties that follow as a consequence of a conviction for violent crimes, including gang offenses. It would expand the instances where juveniles charged with federal crimes of violence can be tried as adults and would authorize the establishment of criminal street gang enforcement teams.
- Terrorism and National Security: Issues and Trends
- No Description Available.
- 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.
- The Posse Comitatus Act and Related Matters: A Sketch
- The Posse Comitatus Act states that: Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both. 18 U.S.C. § 1385. It reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however, has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in cases where the armed forces provide civilian assistance without becoming directly involved in civilian law enforcement. This is an abridged version of The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law, CRS Report 95-964 in which the authorities for the statements made here may be found. This report summarizes proposed bills that could result in increased interaction between military and civil authorities.
- NASA's Space Shuttle Program: Issues for Congress Related to The Columbia Tragedy and "Return to Flight"
- No Description Available.
- Terrorism: Some Legal Restrictions on Military Assistance to Domestic Authorities Following a Terrorist Attack
- The Constitution empowers the President to act as Commander in Chief of the armed forces and to see to the execution of federal law; it gives Congress the authority to make federal law including laws for the regulation of the armed forces. The Posse Comitatus Act prohibits the use of the armed forces to perform civilian governmental tasks unless explicitly authorized to do so. There are statutory exceptions to ensure continued enforcement of state and federal law, to provide disaster assistance, and to provide technical support for law enforcement. Further exceptions are proposed (H.R. 1986, H.R. 1815). There are constitutional impediments to the use of the military to nationalize an industry, to try civilians, and to compel state officials to perform federally-imposed duties. Unlawful use of the armed forces might result in criminal or civil liability for responsible authorities and frustrate prosecution of terrorists. For a more complete discussion, see CRS Report 95-964, The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law.
- Long-Range Fifty Caliber Rifles: Should They Be More Strictly Regulated?
- No Description Available.
- U.S. Treatment of Prisoners in Iraq: Selected Legal Issues
- No Description Available.
- Amber Alert Program Technology
- This report discusses provisions in the National Intelligence Reform Act of 2004 to test Amber Alert network technology for use in expanding the Emergency Alert System (EAS). The Amber Alert network utilizes a combination of technologies, such as highway messages boards, the Internet, and text messaging, to ensure the swift recovery of abducted children.