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SBA Surety Bond Guarantee Program
This report examines the program's origin and development, including the decision to (1) supplement the original Prior Approval Program with the Preferred Surety Bond Guarantee Program that provides a lower guarantee rate (70%) than the Prior Approval Program (80% or 90%) in exchange for allowing preferred sureties to issue SBA-guaranteed surety bonds without the SBA's prior approval; and (2) increase the program's bond limit.
Integration of Drones into Domestic Airspace: Selected Legal Issues
This report describes the regulatory framework for permitting the use of unmanned vehicles and the potential rulemaking that will occur over the next few years. It also discusses theories of takings and property torts as they relate to drone flights over or near private property and the privacy interests implicated by drone surveillance conducted by private actors and the potential countervailing First Amendment rights to gather and receive news. Finally, this report explores possible congressional responses to these privacy concerns, discusses how the FAA has approached these concerns, and identifies additional potential legal issues.
Transportation Spending and "Buy America" Requirements
This report discusses the Buy America Act, the popular name for a group of domestic content restrictions that have been attached to funds administered by the Department of Transportation (DOT).
Congressional Participation in Article III Courts: Standing to Sue
This report seeks to provide an overview of Congress's ability to participate in litigation before Article III courts. The report is limited to a discussion of Congress's participation in litigation as either a plaintiff (e.g., the party initiating the suit alleging some sort of harm or violation of law) or as a third-party intervener (e.g., a party who is seeking to join litigation already initiated by another plaintiff).
Integration of Drones into Domestic Airspace: Selected Legal Issues
This report describes the regulatory framework for permitting the use of unmanned vehicles and the potential rulemaking that will occur over the next few years. It also discusses theories of takings and property torts as they relate to drone flights over or near private property and the privacy interests implicated by drone surveillance conducted by private actors and the potential countervailing First Amendment rights to gather and receive news. Finally, this report explores possible congressional responses to these privacy concerns, discusses how the Federal Aviation Administration (FAA) has approached these concerns, and identifies additional potential legal issues.
Maritime Territorial Disputes in East Asia: Issues for Congress
This report discusses the territorial claims in East Asia that underlie the growing tensions, U.S. interests that are at stake, factors that may be driving the growing tensions, and possible options for Congress to consider.
Maritime Territorial Disputes in East Asia: Issues for Congress
This report presents policy and oversight issues for Congress arising from maritime territorial disputes involving East Asia, East China Sea (ECS), and an additional dispute over whether China has a right under international law to regulate U.S. and other foreign military activities in its maritime Exclusive Economic Zone (EEZ).
An Abridged Sketch of Extradition To and From the United States
This report discusses "extradition", which is the formal surrender of a person by a State to another State for prosecution or punishment.
Aiding, Abetting, and the Like: An Overview of 18 U.S.C. 2
This report discuses the issues that virtually every federal criminal statute has a hidden feature; helpers and hands-on offenders face the same punishment. This results from 18 U.S.C. 2, which visits the same consequences on anyone who orders or assists in the commission of a federal crime.
Armed Career Criminal Act (18 U.S.C. 924(e)): An Overview
This report briefly explores the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), which requires imposition of a minimum 15-year term of imprisonment for recidivists convicted of unlawful possession of a firearm under 18 U.S.C. 922(g). Section 924(e) applies only to those defendants who have three prior state or federal convictions for violent felonies or serious drug offenses. The report includes descriptions of constitutional challenges to the application of section 924(e), which have been generally unsuccessful.
Bond v. United States: Validity and Construction of the Federal Chemical Weapons Statute
This report discusses the case of Bond v. United States, and implications in regards to the Necessary and Proper Clause. Carol Anne Bond, upon discovering that her husband had impregnated another woman, repeatedly dusted the woman's mail box, front door knob, and car door handles with a toxic chemical. Mrs. Bond was indicted in federal court and pled guilty to possessing a chemical weapon, but reserved the right to appeal. The United States Court of Appeals for the Third Circuit rejected her constitutional challenge. A concurring member of the panel, however, urged the Supreme Court to clarify the nearly century-old pronouncement in Missouri v. Holland.
Cybercrime: A Sketch of 18 U.S.C. 1030 and Related Federal Criminal Laws
This report discusses the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, which is a cyber security law that outlaws conduct that victimizes computer systems. It protects federal computers, bank computers, and computers connected to the Internet by shielding them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud.
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, outlaws conduct that victimizes computer systems. It is a cyber security law. It protects federal computers, bank computers, and computers connected to the Internet. 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 cracks 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, including the amendments found in the Identity Theft Enforcement and Restitution Act.
Extraterritorial Application of American Criminal Law
This report discusses the application of American criminal law outside the United States.
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.
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.
Extraterritorial Application of American Criminal Law: An Abbreviated Sketch
This report discusses the application of American criminal law outside the United States.
Federal Capital Offenses: An Overview of Substantive and Procedural Law
Murder, committed under any of more than 50 jurisdictional circumstances, is a federal capital offense. So are treason, espionage, and certain drug kingpin offenses. The Federal Death Penalty Act and related provisions establish the procedure that must be followed before a defendant convicted of a federal capital offense may be executed. This report is an overview of the law in the area.
Federal Conspiracy Law: A Brief Overview
This report is a brief discussion of the common features of federal conspiracy law that evolved over the years, with passing references to some of the distinctive features of some of the statutory provisions.
Federal Conspiracy Law: A Sketch
This is a brief discussion of the common features of federal conspiracy law that evolved over the years, with passing references to some of the distinctive features of some of the statutory provisions.
The Federal Grand Jury
This report discusses the federal grand jury, which exists to investigate crimes against the United States and to secure the constitutional right of grand jury indictment.
Federal Mandatory Minimum Sentences: The Safety Valve and Substantial Assistance Exceptions
This report discusses the federal law that requires a sentencing judge to impose a minimum sentence of imprisonment following conviction for any of a number of federal offenses.
Mandatory Minimum Sentencing: Federal Aggravated Identity Theft
This report discusses the aggravated identity theft, which is punishable by a mandatory minimum sentence of imprisonment for two years or by imprisonment for five years if it relates to a terrorism offense.
Mandatory Minimum Sentencing: Federal Aggravated Identity Theft
This report discusses sentencing for aggravated identity theft, which is punishable by a mandatory minimum sentence of imprisonment for two years, or by imprisonment for five years if it relates to a terrorism offense.
Mandatory Minimum Sentencing of Federal Drug Offenses
This report is an overview of the Controlled Substances Act (or the Controlled Substances Import and Export Act) and federal minimum sentencing requirements for drug offenses.
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.
Money Laundering: An Overview of 18 U.S.C. §1956 and Related Federal Criminal Law
This report provides an overview of the elements of federal criminal money laundering statutes and the sanctions imposed for their violation. It includes an extensive overview and analysis of elements as well as legal attributes and consequences of violating various federal criminal statues related to money laundering, most specifically 18 U.S.C. § 1956, 1957, and 1952. The end of the report provides text of the statutes discussed, citations of state money laundering and money transmission statutes, and a list federal predicate offenses with their accompanying maximum terms of imprisonment.
Murderous Schemes are not Violent Crimes?
This report discusses the U.S. Court of Appeals for the Fourth Circuit's decision in the case of "U.S. v. McCollum" which stated that conspiracy to murder was not a violent crime for federal sentencing purposes and discusses the background of the case and the prior case law which led to the decision.
National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background
This report discusses the USA PATRIOT Act (107-56) and its expanded authority to issue national security letters (NSLs). A report by the Department of Justice's Inspector General (IG) found that in its pre-amendment use of expanded USA PATRIOT Act authority the FBI had "used NSLs in violation of applicable NSL statutes, Attorney General Guidelines, and internal FBI policies," but that no criminal laws had been broken.
National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background
This report discusses the USA PATRIOT Act (107-56) and its expanded authority to issue national security letters (NSLs). A report by the Department of Justice's Inspector General (IG) found that in its pre-amendment use of expanded USA PATRIOT Act authority the FBI had "used NSLs in violation of applicable NSL statutes, Attorney General Guidelines, and internal FBI policies," but that no criminal laws had been broken.
Obstruction of Congress: A Brief Overview of Federal Law Relating to Interference with Congressional Activities
Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime. In fact, federal obstruction of justice laws are legion; too many for even passing reference to all of them in a single report. This is a brief description of those that outlaw interference with congressional activities.
Obstruction of Congress: An Abridged Overview of Federal Criminal Laws Relating to Interference with Congressional Activities
This report briefly discusses obstruction of justice, specifically regarding Congressional activities. Obstruction of justice is defined as the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. This is an abridged version of CRS Report RL34304, Obstruction of Congress: A Brief Overview of Federal Law Relating to Interference with Congressional Activities, by Charles Doyle, without the footnotes, quotations, or citations to authority found in the longer report.
Obstruction of Justice: An Abridged Overview of Related Federal Criminal Laws
This report briefly discusses obstruction of justice, which is defined as the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. This is an abridged version of CRS Report RL34304, Obstruction of Justice: An Overview of Some of the Federal Statutes That Prohibit Interference with Judicial, Executive, or Legislative Activities, by Charles Doyle, without the footnotes, quotations, or citations to authority found in the longer report.
Obstruction of Justice: An Abridged Overview of Related Federal Criminal Laws
This report briefly discusses obstruction of justice, which is defined as the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. This is an abridged version of CRS Report RL34304, Obstruction of Justice: An Overview of Some of the Federal Statutes That Prohibit Interference with Judicial, Executive, or Legislative Activities, by Charles Doyle, without the footnotes, quotations, or citations to authority found in the longer report.
Obstruction of Justice: An Overview of Some of the Federal Statutes That Prohibit Interference with Judicial, Executive, or Legislative Activities
Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime. In fact, federal obstruction of justice laws are legion; too many for even passing reference to all of them in a single report. This is a brief description of the some of the more prominent.
Obstruction of Justice: An Overview of Some of the Federal Statutes That Prohibit Interference with Judicial, Executive, or Legislative Activities
This report discusses obstruction of justice, which is is a federal crime. It describes specific kinds of obstruction, organized by type, and references various relevant laws that have provisions against obstruction.
Perjury Under Federal Law: A Brief Overview
This report describes perjury under federal law, including a definition as well as in-depth explorations of the three general federal perjury laws. This report is available in abbreviated form - without footnotes, quotations, or citations - as CRS Report 98-807, Perjury Under Federal Law: A Sketch of the Elements.
Perjury Under Federal Law: A Brief Overview
This report discusses the three general federal perjury laws. It is an abbreviated version of CRS Report 98-808, Perjury Under Federal Law: A Brief Overview, by Charles Doyle, stripped of most footnotes, quotations, citations, and bibliography.
Perjury Under Federal Law: A Sketch of the Elements
This report discusses the three general federal perjury laws. This report is an abbreviated version of CRS Report 98-808, Perjury Under Federal Law: A Brief Overview, by Charles Doyle, stripped of most footnotes, quotations, citations, and bibliography.
Perjury Under Federal Law: A Sketch of the Elements
This report discusses the three general federal perjury laws. It is an abbreviated version of CRS Report 98-808, Perjury Under Federal Law: A Brief Overview, by Charles Doyle, stripped of most footnotes, quotations, citations, and bibliography.
RICO: A Brief Sketch
This report examines the various elements of federal Racketeer Influenced and Corrupt Organization (RICO) provisions and discusses constitutional questions pertaining to the law. In spite of its name and origin, RICO is not limited to "mobsters" or members of "organized crime" as those terms are popularly understood. Rather, it covers those activities which Congress felt characterized the conduct of organized crime, no matter who actually engages in them.
Search and Seizure Cases in the October 2012 Term of the Supreme Court
The Supreme Court decided four search and seizure cases during its October 2012 term: Florida v. Jardines, Florida v. Harris, Bailey v. United, and Missouri v. McNeely. This report discusses the prior precedents in each case as well as the decision reached by the Court.
Statute of Limitation in Federal Criminal Cases: An Overview
This report describes the rules governing statutes of limitation for federal crimes and provides a list of federal statutes of limitation in criminal cases with a rough chart of comparable state provisions.
Statutes of Limitation in Federal Criminal Cases: An Overview
This report discusses federal statutes of limitations on crimes with a list of circumstances that can suspend those limits. A list of federal statutes of limitation in criminal cases and a rough chart of comparable state provisions are provided in this report.
Venue: A Brief Look at Federal Law Governing Where a Federal Crime May Be Tried
This report is an abridged version of CRS Report RL33223, Venue: A Legal Analysis of Where a Federal Crime May Be Tried, by Charles Doyle, stripped of the footnotes and most of the citations to authority found in the longer version.
Victim Restitution: Attorney's Fees for Internal Investigations?
This report discusses of whether a federal statute which requires victim reimbursement for "other expenses incurred during participation in the investigation or prosecution of the [victimizing] offense" cover "costs that were neither required nor requested by the government, including costs incurred for the victim's own purposes and unprompted by any official action? An upcoming Supreme Court case ("Lagos v. United States") is set to consider this question.
Federal Aviation Administration (FAA) Reauthorization: An Overview of Legislative Action in the 112th Congress
This report looks at issues faced by the 112th Congress in regards to reauthorization of Federal Aviation Administration (FAA) programs. The House has passed a bill which would authorize programs through FY2014, while the Senate's bill would only last until FY2011. The Senate's bill also proposes an increase in jet fuel tax for general aviation and a new jet fuel surcharge for fractionally owned air crafts. The report covers key issues that need to be addressed for reconciliation between the two bills.
Federal Civil Aviation Programs: An Overview
This report focuses on Federal Aviation Administration (FAA) and Department of Transportation (DOT) civil aviation programs addressed in the FAA Modernization and Reform Act of 2012 (P.L. 112-95), enacted on February 14, 2012, which authorizes AATF taxes and revenue collections and civil aviation program expenditures through FY2015. Programs for these agencies are funded primarily through a special trust fund, the airport and airways trust fund (AATF), and, in part, through general fund contributions.
Transportation Security: Issues for the 114th Congress
This report examines aviation, transit and passenger rail security, as well as port and maritime security. The difficulty and cost of protecting the transportation sector from attack raises a core question for policymakers, i.e., how much effort and resources to put toward protecting potential targets versus pursuing and fighting terrorists.
Transportation Security: Issues for the 114th Congress
This report discusses aviation security, transit and passenger security, port and maritime security.