Congressional Research Service Reports - 322 Matching Results
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- When Does Double Prosecution Count as Double Jeopardy?
- This report discusses the Fifth Amendment's Double Jeopardy Clause; although the Clause provides that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb," the Supreme Court has made clear that that protection has its limits.
- Supreme Court Drives Home Its Concern for Privacy in Collins v. Virginia
- This report discusses the Collins decision and its potential implications for Fourth Amendment law. Facing a clash between two well-established Fourth Amendment doctrines--the primacy of the home in Fourth Amendment case law versus the "automobile exception" to the Amendment's warrant requirement--the Supreme Court in Collins v. Virginia ultimately came down on the side of protecting privacy within the home and its adjoining property.
- Military Enjoined from Transferring American ISIS Suspect to Foreign Country--at Least for Now
- This report discusses the case of Doe v. Mattis, a case with potential ramifications regarding the authority to conduct military operations against the Islamic State of Iraq and the Levant (ISIS). The U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) upheld 2-1 the district court's injunctions temporarily protecting "John Doe" from forcible transfer to another country from Iraq, where he is currently being held by the U.S. military as a suspected ISIS combatant.
- Can Aliens in Immigration Proceedings Be Detained Indefinitely?: High Court Rules on Statutory, but not Constitutional Authority
- This report discusses the Supreme Court's ruling in the case of "Jennings vs. Rodriguez" which dealt with whether immigrant aliens could be detained indefinitely. The court ruled that the aliens could be held indefinitely without a bond hearing under statutory law but left the constitutionality of the action open for future interpretation.
- The Fifth Amendment in Congressional Investigations
- This report discusses the use and rules regarding invoking Fifth Amendments rights during Congressional investigations in the wake of the use of the Fifth Amendment by former national security adviser Michael Flynn during Congressional investigations.
- U.S.-EU Data Privacy: From Safe Harbor to Privacy Shield
- This report provides background on U.S. and European Union (EU) data protection policies and the Safe Harbor Agreement, discusses the Court of Justice of the European Union (CJEU) ruling, and reviews the key elements of the newly-proposed Privacy Shield. It also explores various issues for Congress, including implications for U.S. firms of Safe Harbor's invalidation and the role of the Judicial Redress Act in helping to ameliorate U.S.-EU tensions on data privacy and protection issues.
- Access to Government Information in the United States: A Primer
- This report offers an introduction to the four access laws and provides citations to additional resources related to these statutes. It includes statistics on the use of the Freedom of Information Act (FOIA) and the Federal Advisory Committee Act (FACA) and on litigation related to FOIA. In addition, this report provides some examples of the methods Congress, the President, and the courts have employed to provide or require the provision of information to one another, as well as a list of resources related to transparency, secrecy, access, and nondisclosure.
- Egypt: Background and U.S. Relations
- This report provides an overview of the key issues for Congress related to Egypt and U.S. foreign aid to Egypt. The United States has provided significant military and economic assistance to Egypt since the late 1970s. U.S. policymakers are now debating complex questions about the future of U.S.-Egypt relations, and these debates and events in Egypt are shaping consideration of appropriations and authorization legislation in the 114th Congress.
- Judicial Redress Act 101 - What to Know as Senate Contemplates Passing New Privacy Law
- This report briefly discusses the Judicial Redress Act (JRA), a bill that would amend the Privacy Act of 1974 and could have major implications on transatlantic data flows and the global economy.
- Tying Up Loose Ends... Supreme Court To Evaluate Federal Firearm Provision Again
- This legal sidebar discusses certiorari to hear Voisine v. United States, a decision examining the federal provision that makes it unlawful for an individual to possess a firearm or ammunition if he or she has been convicted of a misdemeanor crime of domestic violence (MCDV).
- 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.
- Egypt: Background and U.S. Relations
- This report provides an overview of the key issues for Congress related to Egypt and U.S. foreign aid to Egypt. The United States has provided significant military and economic assistance to Egypt since the late 1970s. Successive U.S. Administrations have routinely justified aid to Egypt as an investment in regional stability, built primarily on long-running cooperation with the Egyptian military and on sustaining the 1979 Egyptian-Israeli peace treaty.
- 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.
- The Ebola Outbreak: Quarantine and Isolation Authority
- This legal sidebar discusses recent quarantine policies announced by several states, including New York and New Jersey, for travelers arriving from areas affected by the outbreak of Ebola Virus Disease, which have raised legal and constitutional questions about federal and state authority to order quarantine and isolation measures.
- No Second Amendment Cases for the Supreme Court's 2014-2015 Term...Yet
- This report discusses the reluctance by the Supreme Court to take cases involving the Second Amendment. Commentators have observed that the Court appears to have become "gun shy" regarding this issue, given that it has not taken up a Second Amendment case since its landmark rulings in District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010.
- Freedom of Speech and Press: Exceptions to the First Amendment
- This report provides an overview of the major exceptions to the First Amendment--of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
- Privacy Protection for Customer Financial Information
- This report discusses federal laws governing consumer financial information held by financial companies, Gramm-Leach-Bliley's privacy provisions, and public and industry reaction.
- Privacy Protection for Customer Financial Information
- This report discusses federal laws governing consumer financial information held by financial companies, Gramm-Leach-Bliley's privacy provisions, and public and industry reaction.
- 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.
- Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings
- This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme Court decisions concerning enemy combatants and also discusses notable circuit court opinions addressing issues of ongoing relevance.
- Free Exercise of Religion by Secular Organizations and Their Owners: Implications for the Affordable Care Act (ACA)
- This report examines the constitutional and statutory protections related to free exercise of religion, including current Supreme Court interpretations, as well as judicial and legislative avoidance of defining the parameters of religious belief. It also discusses significant examples of existing religious exemptions in current law, such as employment nondiscrimination, health care, and public accommodations law. Finally, it analyzes recent federal judicial decisions that have considered the religious freedom rights of commercial entities whose owners have religious objections to the contraceptive coverage requirement.
- The United Nations Human Rights Council: Issues for Congress
- This report provides historical background of the United Nations Human Rights Council, including the role of the previous Commission. It discusses the Council's current mandate and structure, as well as U.S. policy and congressional actions. Finally, it highlights possible policy issues for the 112th Congress, including the overall effectiveness of the Council in addressing human rights, implications for U.S. membership, and U.S. financial contributions to the Council.
- Detention of U.S. Persons as Enemy Belligerents
- This report analyzes the existing law and authority to detain U.S. persons, including American citizens and resident aliens, as well as other persons within the United States who are suspected of being members, agents, or associates of Al Qaeda or possibly other terrorist organizations as "enemy combatants."
- The Freedom of Information Act (FOIA): Background, Legislation, and Policy Issues
- This report provides background on the Freedom of Information Act (FOIA), discusses the categories of records FOIA exempts from public release, and analyzes statistics on FOIA administration. It also provides background on several legal and policy issues related to FOIA, including the release of controversial records, the growth in use of certain FOIA exemptions, and the adoption of new technologies to improve FOIA administration. The report concludes with an examination of potential FOIA-related policy options for the 113th Congress.
- 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.
- Detention of U.S. Persons as Enemy Belligerents
- Report that provides a background to the detention of enemy belligerents, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals.
- 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.
- The United Nations Human Rights Council: Issues for Congress
- This report provides historical background of the Council, including the role of the previous Commission. It discusses the Council's current mandate and structure, as well as U.S. policy and congressional actions. Finally, it highlights possible policy issues for the 113th Congress, including the overall effectiveness of the Council in addressing human rights situations, implications for U.S. membership, and U.S. financial contributions to the Council.
- The Federal Bureau of Investigation and Terrorism Investigations
- This report provides background information on key elements of the FBI terrorism investigative process, based on publicly available information. This report sets forth possible considerations for Congress as it executes its oversight role, including the extent to which intelligence has been integrated into FBI operations to support its counterterrorism mission and the progress the Bureau has made on its intelligence reform initiatives.
- Congressional Authority to Regulate Firearms: A Legal Overview
- Courts have been confronted with the question of whether federal laws can be applied to intrastate possession and intrastate transfers of firearms, or whether such application exceeds the authority of Congress. This report explores these cases and how courts have analyzed these as-applied challenges under the Supreme Court's Commerce Clause jurisprudence primarily set forth in United States v. Lopez.
- The Freedom of Information Act (FOIA): Background and Policy Options for the 113th Congress
- This report provides background on the Freedom of Information Act (FOIA), discusses the categories of records FOIA exempts from public release, and analyzes statistics on FOIA administration. The report also provides background on several legal and policy issues related to FOIA, including the release of controversial records, the growth in use of certain FOIA exemptions, and the adoption of new technologies to improve FOIA administration. The report concludes with an examination of potential FOIA-related policy options for Congress.
- Public Access to Data from Federally Funded Research: Provisions in OMB Circular A-110
- The results of scientific studies are used in making many governmental policy decisions. While the studies are often published, the data on which they are based may not be, even for federally funded research. Before 1999, academic and nonprofit performers of such research were permitted but not required to make their data available to the public through provisions of the Freedom of Information Act (FOIA). In October 1998, a provision in P.L. 105-277 changed that, requiring that such data be made publicly available. This report provides background on the 1999 revisions to federal policy, a discussion of the impacts of those changes, and an analysis of the issues raised by them.
- Preventing Gun Violence While Protecting Gun Rights: CRS Experts
- This report provides a table with names and contact information of CRS experts on policy issues related to preventing gun violence while protecting gun violence.
- Egypt: Background and U.S. Relations
- This report provides a brief overview of the key issues for Congress related to Egypt and information on U.S. foreign aid to Egypt. The United States has provided significant military and economic assistance to Egypt since the late 1970s. U.S. policy makers have routinely justified aid to Egypt as an investment in regional stability, built primarily on long-running military cooperation and on sustaining the March 1979 Egyptian-Israeli peace treaty.
- Detention of U.S. Persons as Enemy Belligerents
- 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. The report concludes by discussing 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.
- Privacy: An Abridged Overview of the Electronic Communications Privacy Act
- Report that provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA).
- Privacy: An Overview of the Electronic Communications Privacy Act
- Report that provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA.
- Egypt: Background and U.S. Relations
- This report provides an overview of Egyptian politics and current issues in U.S.-Egyptian relations. 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. U.S.-Egyptian relations are complex and multi-faceted, and this report addresses the following current topics: the Arab-Israeli peace process, Iraq, terrorism, democratization and reform, human rights, trade, and military cooperation.
- Pilotless Drones: Background and Considerations for Congress Regarding Unmanned Aircraft Operations in the National Airspace System
- Report that covers the history and current status of unmanned aerial vehicles (UAVs). Particular attention is paid to recent privacy implications and potential intrusiveness of drone operations that have emerged as a significant issue before Congress. It also looks at the current Federal Aviation Administration (FAA) timeline to establish six test ranges throughout the United States to study unmanned aircraft integration technical issues.
- Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses
- This report first explores the potential uses of drones in the domestic sphere by federal, state, and local governments. It then surveys current Fourth Amendment jurisprudence, including cases surrounding privacy in the home, privacy in public spaces, location tracking, manned aerial surveillance, and those involving the national border. Next, it considers how existing jurisprudence may inform current and proposed drone uses. It then describes the various legislative measures introduced in the 112th Congress to address the legal and policy issues surrounding drones and, finally, briefly identifies several alternative approaches that may constrain the potential scope of drone surveillance.
- Search and Seizure Cases in the October 2012 Term of the Supreme Court
- Report that looks at three search and seizure cases heard during its October 2012 term.
- Privacy and Civil Liberties Oversight Board: New Independent Agency Status
- This report examines initial responses to the 9/11 Commission's call for a board to oversee adherence to presidential guidelines on information sharing that safeguard the privacy of individuals about whom information is shared, and the implementation of this board.
- China, Internet Freedom, and U.S. Policy
- This report discusses Congressional interest in how Internet use in the People's Republic of China (PRC) is tied to human rights concerns in several ways: as a U.S. policy tool for promoting rights in China; though use of the Internet political dissidents and political repression; the role of U.S. Internet companies in spreading freedom and complying with PRC censorship; and the development of U.S. Internet freedom policies globally.
- United States v. Jones: GPS Monitoring, Property, and Privacy
- In United States v. Jones, 132 S. Ct. 945 (2012), a Global Positioning System (GPS) device was attached to the undercarriage of Jones's car by the police to track his movements for four weeks. This report will examine three decisions regarding searching, attachment, and monitoring in an effort to find their place in the body of existing Fourth Amendment law pertaining to privacy, property, and technology.
- 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.
- Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings
- This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme Court decisions concerning enemy combatants. It also discusses notable circuit court opinions addressing issues of ongoing relevance.
- 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.
- 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.
- Immigration-Related Detention: Current Legislative Issues
- As Congress considers addressing some of the problems in the nation's immigration system, the detention of noncitizens in the United States may be an issue as Congress may choose to reevaluate detention priorities (i.e., who should be detained) and resources. There are many policy issues surrounding detention of aliens. The Illegal Immigrant Reform and Immigrant Responsibility Act of 1996 (IIRIRA) increased the number of aliens subject to mandatory detention, and raised concerns about the justness of mandatory detention, especially as it is applied to asylum seekers arriving without proper documentation. Additionally, as DHS increases its ability to identify aliens who are subject to removal from local jails in more remote locations, the nationwide allocation of detention space may become an issue.
- Privacy Protection for Customer Financial Information
- This report discusses federal laws governing consumer financial information held by financial companies, Gramm-Leach-Bliley's privacy provisions, and public and industry reaction.