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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.
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.
Extraterritorial Application of American Criminal Law
Crime is ordinarily proscribed, tried, and punished according to the laws of the place where it occurs. American criminal law applies beyond the geographical confines of the United States, however, under certain limited circumstances. A surprising number of federal criminal statutes have extraterritorial application, but prosecutions have been few. This may be because when extraterritorial criminal jurisdiction does exist, practical and legal complications, and sometimes diplomatic considerations, may counsel against its exercise.
Identity Theft: Trends and Issues
In 2010, about 8.1 million Americans were reportedly victims of identity fraud, and the average identity fraud victim incurred a mean of $631 in costs as a result of the fraud—the highest level since 2007. Identity theft is often committed to facilitate other crimes such as credit card fraud, document fraud, or employment fraud, which in turn can affect not only the nation's economy but its security. Consequently, in securing the nation and its economic health, policy makers are also tasked with reducing identity theft and its impact.
The Interplay of Borders, Turf, Cyberspace, and Jurisdiction: Issues Confronting U.S. Law Enforcement
Globalization and technological innovation have fostered the expansion of both legitimate and criminal operations across physical borders as well as throughout cyberspace. U.S. law enforcement has increasingly relied on intelligence-led policing, enhanced interagency cooperation, and technological implementation to confront 21st century crime. Issues for Congress are how it can leverage its legislative and oversight roles to bolster U.S. law enforcement's abilities to confront modern-day crime. It may also examine whether federal law enforcement is utilizing existing mechanisms to effectively coordinate investigations and share information.
Terrorist Watch List Screening and Brady Background Checks for Firearms
The November 2009 shooting at Fort Hood, TX, renewed interest in terrorist watchlist screening and Brady background checks for firearms through the National Instant Criminal Background Check System (NICS). In the 110th Congress, Senator Frank Lautenberg and Representative Peter King introduced a bill based on a legislative proposal developed by DOJ that would have authorized the Attorney General to deny the transfer of firearms or the issuance of firearms (and explosives) licenses/permits to "dangerous terrorists." They reintroduced this proposal in the 111th Congress and supporters dubbed it the "Terror Gap" proposal. It was reintroduced once again in the 112th Congress. The Terror Gap proposal raises several potential issues for Congress, which are discussed in this report.
Detention of U.S. Persons as Enemy Belligerents
The detainee provisions passed as part of the National Defense Authorization Act for FY2012 affirm that the Authorization for Use of Military Force in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented.
Smart Meter Data: Privacy and Cybersecurity
Fueled by stimulus funding in the American Recovery and Reinvestment Act of 2009 (ARRA), electric utilities have accelerated their deployment of smart meters to millions of homes across the United States with help from the Department of Energy's Smart Grid Investment Grant program. As the meters multiply, so do issues concerning the privacy and security of the data collected by the new technology. Smart meters must record near-real time data on consumer electricity usage and transmit the data to utilities over great distances via communications networks that serve the smart grid. Detailed electricity usage data offers a window into the lives of people inside of a home by revealing what individual appliances they are using, and the transmission of the data potentially subjects this information to interception or theft by unauthorized third parties or hackers. Unforeseen consequences under federal law may result from the installation of smart meters and the communications technologies that accompany them. This report examines federal privacy and cybersecurity laws that may apply to consumer data collected by residential smart meters.
Detention of U.S. Persons as Enemy Belligerents
This report provides a background to the National Defense Authorization Act for FY2012, the Authorization to use Military Force act, and the President's power to detain "enemy combatants." It then gives a brief introduction to the law of war pertinent to the detention of different categories of individuals and an overview of U.S. practice during wartime to detain persons deemed dangerous to national security. It concludes by discussion Congress's role in prescribing rules for wartime detention as well as legislative proposals in the 112th Congress to address the detention of U.S. persons.
Money Laundering: An Abridged Overview of 18 U.S.C. 1956 and Related Federal Criminal Law
This is an overview of the elements of federal criminal money laundering statutes and the sanctions imposed for their violation.
U.S.-Mexican Security Cooperation: the Mérida Initiative and Beyond
This report looks at the funding and Congressional oversight for the U.S.-Mexican governments joint effort to curb drug trafficking and violence via the Initiative.
Gun Control Legislation
This report provides basic firearms-related statistics, an overview of federal firearms law, and a summary of legislative action in the 111th Congress.
The National Counterterrorism Center (NCTC)—Responsibilities and Potential Congressional Concerns
This report looks at inadequacies present in the National Counterterrorism Center (NCTC) which prevent the Center from adequately performing its duty. These inadequacies include issues with agency organization, lack of resources, and a focus on threats from Yemen over domestic threats.
Federal Efforts to Address the Threat of Bioterrorism: Selected Issues and Options for Congress
This report focuses on four areas under congressional consideration deemed critical to the success of the biodefense enterprise: strategic planning; risk assessment; surveillance; and the development, procurement, and distribution of medical countermeasures. This report also discusses the effectiveness and sufficiency of programs implementing these aspects of the federal biodefense efforts, outside analysts' suggestions for improving the government's efforts, and current issues under congressional consideration.
FBI Director: Appointment and Tenure
This report reviews the legislative history surrounding the enactment of the 1968 and 1976 amendments to the appointment of the FBI Director, as well as information on the nominees to the FBI Directorship since 1972. It also provides a legal overview of the extension of a Director's tenure.
Offender Reentry: Correctional Statistics, Reintegration into the Community, and Recidivism
This report provides background information regarding the prison population in the United States that has been growing steadily for more than 30 years. The report presents correctional system statistics and discusses the federal government's involvement in offender reentry programs and the Second Chance Act (P.L. 110-199) that was enacted on April 9, 2008.
Family Violence Prevention and Services Act (FVPSA): Background and Funding
The focus of this report is on the federal response to domestic violence under the Family Violence Prevention and Services Act (FVPSA). "Domestic violence" is used in the report to describe violence among intimate partners, including those involved in dating relationships.
The Domestic Terrorist Threat: Background and Issues for Congress
This report focuses on how domestic terrorism is conceptualized by the federal government and issues involved in assessing this threat's significance.
Egypt: Background and U.S. Relations
This report provides an overview of the key issues for Congress related to Egypt and information on U.S. foreign aid to Egypt. 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, as well as addressing the following current topics: the Arab-Israeli peace process, Iraq, terrorism, democratization and reform, human rights, trade, and military cooperation.
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 chart comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.
Trafficking in Persons: U.S. Policy and Issues for Congress
This report focuses on international and domestic human trafficking and U.S. policy responses, with particular emphasis on the Trafficking Victims Protection Act of 2000 (TVPA) and its subsequent reauthorizations. The report begins with a description of key Trafficking in persons (TIP)-related definitions and an overview of the human trafficking problem. It follows with an overview of major foreign policy responses to international human trafficking. The report then focuses on responses to trafficking into and within the United States, examining relief for trafficking victims in the United States and discussing U.S. law enforcement efforts to combat domestic trafficking. The report concludes with an overview of current anti-trafficking legislation and an analysis of policy issues.
Southwest Border Violence: Issues in Identifying and Measuring Spillover Violence
This report focuses on how policy makers would identify any spillover of drug trafficking-related violence into the United States. It provides an overview of Mexican drug trafficking organization structures, how they conduct business, and the relationship between the drug trafficking organizations in Mexico and their partnerships operating here in the United States; a discussion of the illicit drug trade between Mexico and the United States, as well as a discussion of factors implicated in drug trafficking-related violence; an analysis of the possible nature of any spillover violence that may arise, as well as issues involved in accurately identifying and measuring such violence; and an evaluation of available crime rate data and a discussion of how this data may or may not reflect changes in drug trafficking-related crime.
Trafficking in Persons: U.S. Policy and Issues for Congress
Trafficking in persons (TIP) for the purposes of exploitation is both an international and a domestic crime that involves violations of labor, public health, and human rights standards. This report focuses on human trafficking both internationally and within the United States. The report begins with an overview of human trafficking including a discussion of the definition of human trafficking, the scope of the problem globally, and an examination of the victims. It follows with an analysis of global anti-trafficking efforts by the United States and the international community. The report then focuses on trafficking into and within the United States, examining relief for trafficking victims in the United States and discussing U.S. law enforcement efforts to combat domestic trafficking. The report concludes with an overview of anti-trafficking legislation and an analysis of policy issues related to human trafficking.
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.
Cybersecurity: Authoritative Reports and Resources, by Topic
This report provides references to analytical reports on cybersecurity from CRS, other government agencies, trade associations, and interest groups. The reports and related websites are grouped under a variety of cybersecurity topics.
Public Trust and Law Enforcement--A Brief Discussion for Policy Makers
This report provides a brief overview of police-community relations and how the federal government might be able to promote more accountability and better relationships between citizens and law enforcement.
Community Oriented Policing Services (COPS): Background 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. Legislation introduced in the 111th Congress would reauthorize the COPS program through FY2014 and reestablish COPS as a multi-grant program. This report provides an overview and analysis of issues Congress might choose to consider when taking up legislation to reauthorize the COPS program.
Legislation to Facilitate Cybersecurity Information Sharing: Economic Analysis
This report analyzes the sharing of cyberattack information by government with private companies, by private companies with the government, and among private companies. Sharing information with consumers is mentioned but is not the central focus of this report.
Cybersecurity: Authoritative Reports and Resources, by Topic
This report provides references to analytical reports on cybersecurity from CRS, other government agencies, trade associations, and interest groups. The reports and related websites are grouped under the following cybersecurity topics: policy overview; National Strategy for Trusted Identities in Cyberspace (NSTIC); cloud computing and FedRAMP; critical infrastructure; cybercrime, data breaches and data security; national security, cyber espionage, and cyberwar (including Stuxnet); international efforts; education/training/workforce; and research and development (R&D).
Asset Forfeiture: Selected Legal Issues and Reforms
This report discusses the asset forfeiture, which refers (in this report) to the process of confiscating either property or money from a person because it is illegal to possess (contraband), constitutes the proceeds of a crime, or was used to facilitate a crime. The report provides an overview of both types -- civil asset forfeiture and criminal forfeitures -- as well as select legal issues and structural reforms.
Southwest Border Violence: Issues in Identifying and Measuring Spillover Violence
This report focuses on how policy makers would identify any spillover of drug trafficking-related violence into the United States. It provides an overview of Mexican drug trafficking organization structures, how they conduct business, and the relationship between the drug trafficking organizations in Mexico and their partnerships operating here in the United States; a discussion of the illicit drug trade between Mexico and the United States; and other related issues.
Al Qaeda and Affiliates: Historical Perspective, Global Presence, and Implications for U.S. Policy
The focus of this report is on the history of Al Qaeda, known (or attributed) actions, suspected capabilities of the organization and non-aligned entities, and an analysis of select regional Al Qaeda affiliates.
Domestic Human Trafficking Legislation in the 114th Congress
This report discusses domestic human trafficking-related issues that have received legislative action or are of significant interest in the 114th Congress.
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.
Extraterritorial Application of American Criminal Law: An Abbreviated Sketch
This report discusses the application of American criminal law outside the United States.
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.
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, as well as 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 where applicable. Finally, the third section discusses issues about the federal role in missing adult cases.
Overview of FY2016 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)
This report tracks and describes actions taken by the Administration and Congress to provide FY2016 appropriations for the Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of FY2015 appropriations for agencies and bureaus funded as part of the annual appropriation for CJS.
Compulsory DNA Collection: A Fourth Amendment Analysis
This report examines statutory authorities, constitutional principles, and case law related to compulsory DNA extraction and analyzes potential impacts of recent developments for Fourth Amendment cases.
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.
Gun Control, Mental Incompetency, and Social Security Administration Final Rule
This report discusses the Congressional Review Act disapproval resolution (H.J.Res. 40) passed by the House of Representative to overturn a final rule promulgated by the Social Security Administration (SSA) regarding implementation of firearms restrictions for certain persons.
Gun Control, Mental Incompetency, and Social Security Administration Final Rule
This report discusses the Congressional Review Act disapproval resolution (H.J.Res. 40) intended to overturn a final rule promulgated by the Social Security Administration (SSA) regarding implementation of firearms restrictions for certain persons.
Gun Control, Mental Incompetency, and Social Security Administration Final Rule
This report discusses the Congressional Review Act disapproval resolution (H.J.Res. 40) passed by the House of Representative to overturn a final rule promulgated by the Social Security Administration (SSA) regarding implementation of firearms restrictions for certain persons.
Gun Control: FY2017 Appropriations for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Other Initiatives
This report provides coverage of congressional action on President Barack Obama's FY2017 budget request for his gun safety initiative. This coverage includes analysis of the ATF Congressional Budget Submission, including discussion of selected data trends that could affect ATF workloads during FY2017.
Organized Crime in the United States: Selected References, June 1967-February 1971
This report provides a bibliography of resources related to organized crime in the United States that were published between June 1967 and February 1971.
Qualified Immunity for a Police Shooting
This report discusses the rule of qualified immunity for police officers, which prevents officers from being sued for actions taken in the course of their job unless there was a clear decision by the officer to break the law or incompetence. It specifically discusses the case of "White v. Pauly" heard by the Supreme Court, which upheld qualified immunity for Officer White after he was accused of violating a suspect's fourth amendment rights by use of excessive force to seize the suspect who had been fatally shot during the incident.
Criminal Prohibitions on Disclosing the Identities of Covert Intelligence Assets
This report discusses criminal charges related to disclosing the identities of undercover intelligence agents and covert assets.
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