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Supreme Court Appellate Jurisdiction Over Military Court Cases
This report surveys military courts' jurisdiction, the structure of appellate review for military cases, interactions between military and civilian courts, and legislative proposals.
Department of Homeland Security Assistance to States and Localities: A Summary and Issues for the 111th Congress
This report summarizes several emergency management and homeland security programs, and identifies and analyzes potential issues for the 111th Congress. These issues include the purpose and number of assistance programs; the evaluation of the use of grant funding; the determination of eligible grant recipients; the programs' funding amounts; and the programs' funding distribution methodologies.
North Korea: Terrorism List Removal?
This report discusses the issue of North Korea's inclusion on the U.S. list of terrorism-supporting countries, which has been a major issue in U.S.-North Korean diplomacy since 2000, particularly in connection with negotiations over North Korea's nuclear program.
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.
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.
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.
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.
Closing the Guantanamo Detention Center: Legal Issues
This report provides an overview of major legal issues likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought into the country. It also discusses selected constitutional issues that may arise in the criminal prosecution of detainees, emphasizing the procedural and substantive protections that are utilized in different adjudicatory forums.
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).
Obscenity and Indecency: Constitutional Principles and Federal Statutes
his report examines federal law regarding obscenity and indecency. The First Amendment provides: “Congress shall make no law... abridging the freedom of speech, or of the press.” In general, the First Amendment protects pornography, with this term being used to mean any erotic material. The Supreme Court, however, has held that the First Amendment does not protect two types of pornography: obscenity and child pornography. Consequently, they may be banned on the basis of their content, and federal law prohibits the mailing of obscenity, as well as its transport or receipt in interstate or foreign commerce.
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.
Closing the Guantanamo Detention Center: Legal Issues
This report provides an overview of major legal issues likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought into the country. It also discusses selected constitutional issues that may arise in the criminal prosecution of detainees, emphasizing the procedural and substantive protections that are utilized in different adjudicatory forums.
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): violence against trade unionists; impunity (accountability for or punishment of the perpetrators); and worker rights protections for Colombians.
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.
Iraqi Police and Security Forces Casualties Estimates
This report presents various governmental and non-governmental estimates of Iraqi police and security forces fatalities. The Department of Defense (DOD) regularly updates total U.S. military deaths and wounded statistics from Operation Iraqi Freedom (OIF), as reflected in CRS Report RS21578, Iraq: U.S. Casualties, and has released the monthly pattern of Iraqi security forces deaths. For information on Iraqi civilian deaths, see CRS Report RS22537, Iraqi Civilian Deaths Estimates. Because these estimates are based on varying time periods and have been created using differing methodologies, readers should exercise caution when using them and should look on them as guideposts rather than as statements of fact.
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.
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.
Islamist Militancy in the Pakistan-Afghanistan Border Region and U.S. Policy
Increasing militant activity in western Pakistan poses three key national security threats: an increased potential for major attacks against the United States itself; a growing threat to Pakistani stability; and a hindrance of U.S. efforts to stabilize Afghanistan. This report addresses this issue at length. It also describes the recent upsurge of militant activity on the Pakistani side of the Pakistan-Afghanistan border, as well as the general political climates of Pakistan and Afghanistan and their relationships with the United States.
The National Response Framework: Overview and Possible Issues for Congress
In response to the terrorist attacks of September 11, 2001, Congress and the President consolidated numerous federal emergency plans into the National Response Plan (NRP). This report discusses how national response planning documents have evolved over time and describes the authorities that shape the National Response Framework (NRF). Several issue areas that might be examined for potential lawmaking and oversight concerning the NRF are also highlighted.
The False Claims Act, the Allison Engine Decision, and Possible Effects on Health Care Fraud Enforcement
The False Claims Act (FCA), an important tool for combating fraud against the U.S. government, generally provides that a person who knowingly submits, or causes to be submitted, a false or fraudulent claim for payment to the U.S. government may be subject to civil penalties and damages. This report provides an overview of the FCA and the Allison Engine decision, analyzes how this decision could affect certain FCA health care claims, and discusses the proposed False Claims Correction Acts (S. 2041 and H.R. 4854), which, if enacted, could limit the application of the Allison Engine decision.
North Korea: Terrorism List Removal?
This report discusses the issue of North Korea's inclusion on the U.S. list of terrorism-supporting countries, which has been a major issue in U.S.-North Korean diplomacy since 2000, particularly in connection with negotiations over North Korea's nuclear program.
In Re Terrorist Attacks on September 11, 2001: Dismissals of Claims Against Saudi Defendants Under the Foreign Sovereign Immunities Act (FSIA)
This report summarizes the Foreign Sovereign Immunities Act (FSIA) and jurisdiction in cases against foreign defendants and analyzes the recent court of appeals decision. This report examines the legal bases for those dismissals.
Federal Crime Control: Background, Legislation, and Issues
This report discusses the prevention and control of domestic crime, which has traditionally been a responsibility of state and local governments, with the federal government playing more of a supportive role.
Polygraph Use by the Department of Energy: Issues for Congress
This report examines how the Department of Energy's (DOE) polygraph testing program has evolved and reviews certain scientific findings with regard to the polygraph's scientific validity. Several issues include whether: DOE's new screening program is focused on an appropriate number of individuals occupying only the most sensitive positions; the program should be expanded in order to adequately safeguard certain classified information; further research into the polygraph's scientific validity is needed; there are possible alternatives to the polygraph; and whether DOE should continue polygraph screening.
Gangs in Central America
This report describes the gang problem in Central America, discusses country approaches to deal with the gangs, and analyzes U.S. policy with respect to gangs in Central America.
Missing Adults: Background, Federal Programs, and Issues for Congress
The first section of this report discusses demographics and record keeping of missing adults and unidentified remains, and some of the factors that may contribute to the disappearance of adults. This section also discusses federally funded databases that are used to track data on missing adults and unidentified individuals. The second section of the report describes the federal programs and initiatives to assist in locating missing adults, including funding data for FY2002 through FY2008, where applicable.
The Federal Protective Service and Contract Security Guards: A Statutory History and Current Status
The Federal Protective Service (FPS) -- within U.S. Immigration Customs Enforcement (ICE) in the Department of Homeland Security (DHS) -- is responsible for protecting federal government property, personnel, visitors, and customers, including property leased by the General Services Administration (GSA). FPS currently employs over 15,000 contract security guards to protect federal property. DHS intends, according to its FY2009 budget justification, to continue the use of contract security guards to focus FPS activities on maintaining security policy and standards, conducting building security assessments, and monitoring federal agency compliance with security standards.
Child Pornography: Constitutional Principles and Federal Statutes
This report discusses the constitutional status of child pornography and summarizes federal statutes banning and regulating child pornography as well as selected court cases that have ruled on their constitutionality or interpreted them.
Supreme Court Appellate Jurisdiction Over Military Court Cases
This report surveys military courts' jurisdiction, the structure of appellate review for military cases, interactions between military and civilian courts, the Stevenson case, and the bills introduced in the 110th Congress.
Privacy: An Abbreviated Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping
It is a federal crime to intentionally wiretap or electronically eavesdrop on the conversation of another without a court order or the consent of one of the parties to the conversation. Statutory exceptions to these general prohibitions permit judicially supervised wiretapping or electronic eavesdropping conducted for law enforcement or foreign intelligence gathering purposes. Similar regimes - proscriptions with exceptions for government access under limited circumstances - exist for telephone records, e-mail and other forms of electronic communications.
Privacy: An Overview of Federal Statutes 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).
Iraqi Police and Security Forces Casualties Estimates
This report presents various governmental and non-governmental estimates of Iraqi police and security forces fatalities. The Department of Defense (DOD) regularly updates total U.S. military deaths and wounded statistics from Operation Iraqi Freedom (OIF), as reflected in CRS Report RS21578, Iraq: U.S. Casualties, and has released the monthly pattern of Iraqi security forces deaths. For information on Iraqi civilian deaths, see CRS Report RS22537, Iraqi Civilian Deaths Estimates. Because these estimates are based on varying time periods and have been created using differing methodologies, readers should exercise caution when using them and should look on them as guideposts rather than as statements of fact.
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. This report outlines the U.S.-Latin American relationship in regards to terrorism, including several pieces of international counterterrorism legislation, including the Inter-American Convention Against Terrorism and the Organization of American States.
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.
Lawsuits Against State Supporters of Terrorism: An Overview
A 1996 amendment to the Foreign Sovereign Immunities Act (FSIA) enables American victims of international terrorist acts supported by certain States designated by the State Department as supporters of terrorism - Cuba, Iran, North Korea, Sudan, Syria, and previously Iraq and Libya - to bring suit in U.S. courts to seek monetary damages. This report, which will be updated, provides an overview of these issues and relevant legislation (H.R. 5167).
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
This report provides an overview of the Combatant Status Review Tribunal (CSRT) procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act (DTA), as amended by the Military Commissions Act of 2006, analyzing its effects on detainee-related litigation in federal court. The report summarizes pending legislation and provides an analysis of relevant constitutional issues that may have some bearing on Congress's options with respect to the Guantanamo detainees.
Money Laundering: An Abridged Overview of 18 U.S.C. 1956 and Related Federal Criminal Law
Money laundering is a federal crime, commonly understood as the process of cleansing the taint from the proceeds of crime. This report describes in detail the various aspects of money laundering in regards to federal criminal law.
Lawsuits Against State Supporters of Terrorism: An Overview
A 1996 amendment to the Foreign Sovereign Immunities Act (FSIA) enables American victims of international terrorist acts supported by certain States designated by the State Department as supporters of terrorism - Cuba, Iran, North Korea, Sudan, Syria, and previously Iraq and Libya - to bring suit in U.S. courts to seek monetary damages. This report, which will be updated, provides an overview of these issues and relevant legislation (H.R. 5167).
Navy Role in Global War on Terrorism (GWOT) -- Background and Issues for Congress
The Navy for several years has carried out a variety of activities related to what the Administration refers to as the Global War on Terrorism (GWOT). The Navy states that as of February 2008, more than 11,300 Navy sailors (including Individual Augmentees) were ashore supporting ground forces in the U.S. Central Command region (including Iraq and Afghanistan). The Navy's role in the GWOT raises several potential oversight issues for Congress.
Merida Initiative: Proposed U.S. Anticrime and Counterdrug Assistance for Mexico and Central America
In October 2007, the United States and Mexico announced the Mérida Initiative, a multi-year proposal for $1.4 billion in U.S. assistance to Mexico and Central America aimed at combating drug trafficking, gangs, and organized crime. This report outlines the various appropriations and other foreign aid measures outlined in the Mérida Initiative and what future actions regarding this ongoing effort will include.
Immigration: Terrorist Grounds for Exclusion and Removal of Aliens
This report focuses on the terrorism-related grounds for inadmissibility and deportation/removal. It opens with an overview of the terror-related grounds as they evolved through key legislation enacted in recent years. The section on current law explains the legal definitions of "terrorist activity," "engage in terrorist activity," and "terrorist organization," and describes the terror-related grounds for inadmissibility and removal. The report then discusses the alien screening process to determine admissibility and to identify possible terrorists, both during the visa issuance process abroad and the inspections process at U.S. ports of entry.
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. It then describes U.S. efforts to deal with trafficking in persons in Latin America and the Caribbean, as well as discusses the successes and failures of some recent country and regional anti-trafficking efforts. The report concludes by raising issues that may be helpful for the 110th Congress to consider during its second session as it continues to address human trafficking as part of its authorization, appropriations, and oversight activities.
The Federal Protective Service and Contract Security Guards: A Statutory History and Current Status
The Federal Protective Service (FPS) -- within U.S. Immigration Customs Enforcement (ICE) in the Department of Homeland Security (DHS) -- is responsible for protecting federal government property, personnel, visitors, and customers, including property leased by the General Services Administration (GSA). FPS currently employs over 15,000 contract security guards to protect federal property. DHS intends, according to its FY2009 budget justification, to continue the use of contract security guards to focus FPS activities on maintaining security policy and standards, conducting building security assessments, and monitoring federal agency compliance with security standards.
Protecting the U.S. Perimeter: "Border Searches" Under the Fourth Amendment
This report addresses the scope of the government's authority to search and seize individuals at the border pursuant to the constitutional framework that encompasses the border search exception to the warrant and probable cause requirements of the Fourth Amendment. This report also describes the varying levels of suspicion generally associated with each type of border search as interpreted by the courts. In addition, this report highlights some of the border security recommendations made by the 9/11 Commission and legislative actions taken in the 108th, 109th, and 110th Congresses.
United States v. Santos: "Proceeds" in Federal Criminal Money Laundering Statute, 18 U.S.C. Section 1956, Means "Profits," Not "Gross Receipts"
On June 2, 2008, the U.S. Supreme Court, in United States v. Santos (No. 96-1005), vacated convictions of the operator of an illegal lottery and one of his runners who had been charged with conducting financial transactions involving the "proceeds" of an illegal lottery and one of his runners who had been charged with conducting financial transactions involving the "proceeds" of an illegal gaming business. The ruling is that "proceeds," as used in this money laundering statute, means "profits" rather than "gross receipts" of the underlying unlawful activity. This report analyzes this decision, the factors contributing to the decision, the principles upon which the decision was based, and the possible future effects of the ruling.
Department of Justice (DOJ) Appropriations for FY2008 and FY2009
This report provides a discussion of funding for the U.S. Department of Justice (DOJ) for fiscal years 2008 and 2009, including background information, a breakdown of funding from FY2008 regular and supplemental funding, and budget requests for FY2009.
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. This report outlines the U.S.-Latin American relationship in regards to terrorism, including several pieces of international counterterrorism legislation, including the Inter-American Convention Against Terrorism and the Organization of American States.
Carcieri v. Kempthorne: Whether the Secretary of the Interior May Acquire for the Narragansett Indian Tribe Trust Land Which is Not Subject to Rhode Island’s Civil and Criminal Jurisdiction
No Description Available.
Merida Initiative: Proposed U.S. Anticrime and Counterdrug Assistance for Mexico and Central America
In October 2007, the United States and Mexico announced the Mérida Initiative, a multi-year proposal for $1.4 billion in U.S. assistance to Mexico and Central America aimed at combating drug trafficking, gangs, and organized crime. This report outlines the various appropriations and other foreign aid measures outlined in the Mérida Initiative and what future actions regarding this ongoing effort will include.
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.
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