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The Advancing Justice Through DNA Technology Act of 2003 (H.R. 3214): A Section-by-Section Analysis
This report summarizes the Advancing Justice Through DNA Technology Act (H.R. 3214). Additionally, the report covers each title of the act such as title one expanding the ability to qualify for the DNA Backlog Grant Program.
Agroterrorism: Threats and Preparedness
The potential of terrorist attacks against agricultural targets (agroterrorism) is increasingly recognized as a national security threat, especially after the events of September 11, 2001. This report focuses primarily on biological weapons (rather than chemical weapons) because biological weapons generally are considered the more potent agroterrorism threat. This report also focuses more on the threat of agroterrorism against agricultural production, rather than on food processing and distribution, although the latter is discussed.
Alert Systems for Missing Adults in Eleven States: Background and Issues for Congress
This report discusses the emerging development of nationwide alert systems to recover missing adults, such as those with mental impairment (such as Alzheimer's disease), developmental disabilities, or suicidal tendencies. This report provides an overview of such alert systems in 11 states: Colorado, Delaware, Florida, Georgia, Kentucky, North Carolina, Ohio, Oklahoma, Rhode Island, Texas, and Virginia. This report also provides a discussion of issues for Congress to consider with respect to the federal role, if any, in developing state alert programs for missing adults.
Alien Smuggling: Recent Legislative Developments
This report discusses issues surrounding aliens within the United States including an overview of currently-proscribed activities, exemptions, sentencing provisions, and proposed legislative changes.
Amber Alert Program Technology
This report discusses Amber Alerts (also referred to as AMBER plans) which use technology to disseminate information about child abductions in a timely manner. Technologies used for alerts include the Emergency Alert System (EAS), highway messages boards, telephone alert systems, the Internet, text messaging, and email.
Amber Alert Program Technology
This report discusses Amber Alerts (also referred to as AMBER plans), which use technology to disseminate information about child abductions in a timely manner.
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.
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. It will be updated as needed to reflect congressional action on the FY2010 Commerce, Justice, Science (CJS), and Related Agencies Appropriations bill, the appropriations bill that includes the ATF account.
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.
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. The ATF is the lead federal law enforcement agency charged with administering and enforcing federal laws related to the manufacture, importation, and distribution of firearms and explosives.
Capital Punishment: An Overview of Federal Death Penalty Statutes
This report lists the current federal capital offenses and summarizes the procedures for federal civilian death penalty cases. Several laws are relevant to the topic including: P.L. 103-322, the Violent Crime Control and Law Enforcement Act of 1994; the Anti-terrorism and Effective Death Penalty Act of 1996; and P.L. 107-197, the Terrorist Bombings Convention Implementation Act of 2002.
Clean Water Act and Total Maximum Daily Loads (TMDLs) of Pollutants
This report discusses the section 303(d) of the Clean Water Act, which requires states to identify waters that are impaired by pollution, even after application of pollution controls. For those waters, states must establish a total maximum daily load (TMDL) of pollutants to ensure that water quality standards can be attained. Implementation of this provision has been dormant until recently, when states and EPA were prodded by numerous lawsuits. The TMDL issue has become controversial, in part because of requirements and costs now facing states to implement a 25-year-old provision of the law. Congressional activity to reauthorize the Act, a possibility in the 2nd Session of the 105th Congress, could include TMDL issues, but the direction for any such action is unclear at this time.
Clean Water Act and Total Maximum Daily Loads (TMDLs) of Pollutants
This report discusses the section 303(d) of the Clean Water Act, which requires states to identify waters that are impaired by pollution, even after application of pollution controls. For those waters, states must establish a total maximum daily load (TMDL) of pollutants to ensure that water quality standards can be attained. Implementation was dormant until states and EPA were prodded by lawsuits. The TMDL program has become controversial, in part because of requirements and costs now facing states to implement this 35-year-old provision of the law, as well as industries, cities, farmers, and others who may be required to use new pollution controls to meet TMDL requirements. In July 2000, EPA issued revisions to strengthen the program. The rule was widely criticized, and congressional interest was high. The 2000 rule did not go into effect, and in March 2003, EPA withdrew the rule to consider whether to issue an entirely new rule or other options; no timetable has been announced. Consequently, the program continues to operate under regulations issued in 1992.
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.
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.
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.
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.
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.
Combating Terrorism: First Emergency Supplemental Appropriations - Distribution of Funds to Departments and Agencies
This report provides background on the 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States, P.L. 107-38 (H.R. 2888) as well as the criteria for use of the funds developed by The Office of Management and Budget (OMB). It also outlines information about supplemental fund distributions in three tables.
Community Oriented Policing Services (COPS): Background, Legislation, and Funding
This report discusses the Community Oriented Policing Services (COPS) program, which was created by Title I of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322). The mission of the COPS program is to advance community policing in all jurisdictions across the United States. Several bills introduced in the 111th Congress would either modify the COPS program, reauthorize appropriations for the program, or both.
Community Oriented Policing Services (COPS): Current Legislative Issues
This report provides an overview of issues Congress may consider when taking up legislation to reauthorize the Community Oriented Policing Services program.
The Community Oriented Policing Services (COPS) Program: An Overview
This report provides an overview of the Community Oriented Policing Services (COPS) program, administered by the Department of Justice (DOJ), which provides financial assistance to eligible police departments to help improve community policing efforts. It includes a brief discussion of the establishment of the program, guidelines and requirements for grantees, and a summary of various Department of Justice initiatives under the COPS program.
Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court
This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a table comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.
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.
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.
Criminal Money Laundering Legislation in the 109th Congress
This report gives a brief overview of U.S. law as it relates to the crime of money laundering by identifying bills in the 109th Congress that have amended definitions or sentencing for money laundering and predicated offenses.
The Death Penalty: Capital Punishment Legislation in the 109th Congress
This report discusses legislation regarding the death penalty in the 109th Congress. The USA PATRIOT Improvement and Reauthorization Act (Reauthorization Act) contains a number of death penalty related provisions. Some create new federal capital offenses; some add the death penalty as a sentencing option in the case of preexisting federal crimes; some alter the procedural attributes of federal capital cases. Other proposals offered during the 109th Congress would have followed the same pattern: some new crimes; some new penalties for old crimes; and some procedural adjustments. Only one of the other proposals, the Adam Walsh Child Protection and Safety Act, passed, although at least one House approved several others. Three proposals do not fit the pattern; they either would have abolished the death penalty as a federal sentencing alternative or would have imposed a moratorium upon executions.
The Death Penalty: Capital Punishment Legislation in the 109th Congress
This report discusses legislation regarding the death penalty in the 109th Congress. The USA PATRIOT Improvement and Reauthorization Act (Reauthorization Act) contains a number of death penalty related provisions. Some create new federal capital offenses; some add the death penalty as a sentencing option in the case of preexisting federal crimes; some alter the procedural attributes of federal capital cases. Other proposals offered during the 109th Congress would have followed the same pattern: some new crimes; some new penalties for old crimes; and some procedural adjustments. Only one of the other proposals, the Adam Walsh Child Protection and Safety Act, passed, although at least one House approved several others. Three proposals do not fit the pattern; they either would have abolished the death penalty as a federal sentencing alternative or would have imposed a moratorium upon executions.
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.
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.
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.
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.
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.
Deprivation of Honest Services as a Basis for Federal Mail and Wire Fraud Convictions
This report discusses wire and mail fraud and examines relevant court cases.
Drug Control: International Policy and Approaches
This report discusses various U.S. international narcotics policy approaches meant to achieve two main goals: to reduce the supply of illicit narcotics flowing into the United States, and to reduce the amount of illicit narcotics cultivated, processed, and consumed worldwide.
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
This report provides an overview of the early judicial developments and the establishment of Combatant Status Review Tribunals (CSRTs) procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act, as amended by the Military Commissions Act of 2006 and the Military Commissions Act of 2009, analyzing its effects on detainee-related litigation in federal court. The report summarizes the Supreme Court's decision in Boumediene invalidating Congress's efforts to revoke the courts' habeas jurisdiction, and discusses some remaining issues and subsequent developments.
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
This report provides an overview of the 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.
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.
Enforcing Immigration Law: The Role of State and Local Law Enforcement
This report examines some of the policy and legal issues that may accompany an increased role of state and local law officials in the enforcement of immigration law.
Family Violence Prevention and Services Act: Programs and Funding
This report describes programs authorized under the Family Violence Prevention and Services Act (FVPSA) and related initiatives, and provides authorization and appropriation levels. The FVPSA was originally enacted in 1984, as Title III of the Child Abuse Prevention and Treatment Act, to assist states in preventing incidents of family violence and to provide shelter and related assistance to victims of family violence and their dependents, with the expectation of preventing future acts of violence in families.
Fatah and Hamas: the New Palestinian Factional Reality
For the first time in its history, the Palestinian parliament is set to be led by Hamas, which the United States and European Union have designated a foreign terrorist organization. Although some lauded the generally free and fair election in January 2006, others criticized the outcome and accused Hamas of “hijacking” democracy. This report provides an overview of the new political realities in the West Bank and Gaza after the election, the challenges Fatah and Hamas face, and possible implications for U.S. policy.
Federal Counter-Terrorism Training: Issues for Congressional Oversight
This report is an overview of the major training activities and facilities of the federal departments and agencies that provide counter-terrorism training. It identifies some of the issues associated with the training, including the following: possible duplication of federal counter-terrorism training programs; determination of Department of Homeland Security counterterrorism training priorities; and possible redundancy and coordination of DHS counter-terrorism training programs.
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.
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.
The Federal Grand Jury
This report is a brief general description of the federal grand jury, with particular emphasis on its more controversial aspects—relationship of the prosecutor and the grand jury, the rights of grand jury witnesses, grand jury secrecy, and rights of targets of a grand jury investigation.
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: 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 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.
Federal Mandatory Minimum Sentencing Statutes: An Overview of Legislation in the 106th Congress
This report discusses federal mandatory minimum sentencing statutes, which demand that execution or incarceration follow criminal conviction. They cover drug dealing, murdering federal officials, and using a gun to commit a federal crime. They circumscribe judicial sentencing discretion. They have been criticized as unthinkingly harsh and incompatible with a rational sentencing guideline system; yet they have also been embraced as hallmarks of truth in sentence and a certain means of incapacitating the criminally dangerous.
Federal Mandatory Minimum Sentencing Statutes: An Overview of Legislation in the 107th Congress
This report examines legislation in the 107th Congress pertaining to federal mandatory minimum sentencing statutes (mandatory minimums), which demand that execution or incarceration follow criminal conviction. They cover drug dealing and using a gun to commit a federal crime, among other crimes.
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