Congressional Research Service Reports - 66 Matching Results
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- Obscenity and Indecency: Constitutional Principles and Federal Statutes
- his report examines federal law regarding obscenity and indecency. The First Amendment provides: “Congress shall make no law... abridging the freedom of speech, or of the press.” In general, the First Amendment protects pornography, with this term being used to mean any erotic material. The Supreme Court, however, has held that the First Amendment does not protect two types of pornography: obscenity and child pornography. Consequently, they may be banned on the basis of their content, and federal law prohibits the mailing of obscenity, as well as its transport or receipt in interstate or foreign commerce.
- Identity Theft: Trends and Issues
- This report first provides a brief federal legislative history of identity theft laws. It analyzes the current trends in identity theft, including prevalent identity theft-related crimes, the federal agencies involved in combating identity theft, and the trends in identity theft complaints and prosecutions.
- Identity Theft: Trends and Issues
- This report first provides a brief federal legislative history of identity theft laws. It analyzes the current trends in identity theft, including prevalent identity theft-related crimes, the federal agencies involved in combating identity theft, and the trends in identity theft complaints and prosecutions. The report also discusses the relationship between data breaches and identity theft as well as possible effects of the FTC's Identity Theft Red Flags Rule, effective November 1, 2009.
- Hate Crime Legislation
- This report provides an overview of the hate crime debate, with background on current law and hate crime statistics, and a legislative history of hate crime prevention bills in recent Congresses. This report does not analyze the constitutional or other legal issues that often arise as part of the hate crime debate.
- Hate Crime Legislation
- This report provides an overview of the hate crime debate, with background on current law and hate crime statistics, and a legislative history of hate crime prevention bills in recent Congresses. This report does not analyze the constitutional or other legal issues that often arise as part of the hate crime debate.
- 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.
- 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.
- 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.
- Gun Control Legislation
- Although several dozen gun control-related proposals were introduced in recent Congresses, only a handful of those bills have received significant legislative action. This report provides an overview of firearms-related statistics and federal law. It also provides an overview on legislative action in the 109th and 110th Congresses, as well as other issues that have generated significant congressional interest in the recent past.
- 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.
- Gangs in Central America
- This report describes the gang problem in Central America, discusses country and regional approaches to deal with the gangs, and analyzes U.S. policy with respect to gangs in Central America.
- Privacy: An Overview of Federal Statues Governing Wiretapping and Electronic Eavesdropping
- This report provides an overview of federal law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a bibliography of legal commentary as well as the text of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). This report also includes a brief summary of the recently expired Protect America Act, P.L. 110-55 and of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, P.L. 110-261 (H.R. 6304).
- 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.
- An Overview of the Presidential Pardoning Power
- This report provides an overview of the scope of the President's pardoning power, the legal effects of a pardon, and the procedures that have traditionally been adhered to in the consideration of requests for pardons.
- Compulsory DNA Collection: A Fourth Amendment Analysis
- This report examines compulsory DNA collection by law enforcement and its implications in regards to 4th amendment protections by examining legal precedents and considering the contemporary scientific understanding of DNA.
- 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.
- Burma and Transnational Crime
- This report analyzes the primary actors driving transnational crime in Burma, the forms of transnational crime occurring, and current U.S. policy in combating these crimes.
- Proposed Colombia Free Trade Agreement: Labor Issues
- This report examines three labor issues and arguments related to the pending U.S.-Colombia free trade agreement (CFTA, H.R. 5724): violence against trade unionists; impunity (accountability for or punishment of the perpetrators); and worker rights protections for Colombians.
- Guantanamo Detention Center: Legislative Activity in the 111th Congress
- This report analyzes relevant provisions in enacted legislation and selected pending bills relating to the U.S. Naval Station in Guantanamo Bay, Cuba, a facility in which alleged enemy combatants are detained.
- Guantanamo Detention Center: Legislative Activity in the 111th Congress
- This report analyzes relevant provisions in enacted legislation and selected pending bills relating to the U.S. Naval Station in Guantanamo Bay, Cuba, a facility in which alleged enemy belligerents are detained.
- Interrogation of Detainees: Requirements of the Detainee Treatment Act
- This report discusses provisions of the Detainee Treatment Act concerning standards for the interrogation and treatment of detainees.
- Gun Trafficking and the Southwest Border
- This report includes legal analyses of three ATF-investigated, Southwest border gun trafficking cases to illustrate the federal statutes that are typically violated as part of wider gun trafficking schemes. The report also examines anti-gun trafficking proposals introduced in the 110th Congress.
- Interrogation of Detainees: Requirements of the Detainee Treatment Act
- This report discusses provisions of the Detainee Treatment Act concerning standards for the interrogation and treatment of detainees.
- Trafficking in Persons in Latin America and the Caribbean
- This report discusses the issue of trafficking in persons (TIP) in Latin America, giving background information and examining possible policy solutions.
- Guantanamo Detention Center: Legislative Activity in the 111th Congress
- This report analyzes the relevant provisions of the Supplemental Appropriations Act, 2009, and selected legislative proposals that have been introduced in the 111th Congress.
- Gun Trafficking and the Southwest Border
- This report includes legal analyses of three ATF-investigated, Southwest border gun trafficking cases to illustrate the federal statutes that are typically violated as part of wider gun trafficking schemes. The report also examines anti-gun trafficking proposals introduced in the 110th Congress.
- Juvenile Justice: Legislative History and Current Legislative Issues
- This report will analyze the current federal legislation that impacts the state juvenile justice systems. Although the report provides some background information on the evolution of juvenile justice in the United States, the main focus of the report is the major federal legislation that impacts the states juvenile justice systems, including the Juvenile Justice and Delinquency Prevention Act (JJDPA).
- International Parental Child Abductions
- This report discusses the applicability of the Hague Convention and current U.S. laws, both civil and criminal, which seek to address the quandary of children abducted by a parent to foreign nations.
- 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.
- 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.
- Supreme Court Appellate Jurisdiction Over Military Court Cases
- This report surveys military courts' jurisdiction, the structure of appellate review for military cases, interactions between military and civilian courts, and legislative proposals.
- 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.
- 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.
- Analysis of Selected Legislative Proposals Addressing Guantanamo Detainees
- This report discusses the approaches that selected legislative proposals take regarding Guantanamo detainees.
- Analysis of Selected Legislative Proposals Addressing Guantanamo Detainees
- This report discusses the approaches that selected legislative proposals take regarding Guantanamo detainees.
- Protecting the U.S. Perimeter: Border Searches Under the Fourth Amendment
- This report first outlines the statutes authorizing certain federal officers to conduct warrantless searches. It then addresses the scope of the government's constitutional authority to search and seize persons and property at the border. It also describes the varying levels of suspicion generally required for each type of border search as interpreted by the courts. Finally, this report lists several bills before the 111th Congress that address border searches. This report does not address interior searches and seizures performed by immigration personnel since they are not traditional "border searches."
- Trafficking in Persons: U.S. Policy and Issues for Congress
- Trafficking in persons (TIP) for the purposes of exploitation is believed to be one of the most prolific areas of international criminal activity and is of significant concern to the United States and the international community. This report discusses the global and ongoing problem of TIP in detail, as well as anti-TIP programs and U.S. and international efforts to combat TIP.
- Gun Control: Statutory Disclosure Limitations on ATF Firearms Trace Data and Multiple Handgun Sales Reports
- This report briefly describes a provision known as the "Tiahrt" amendment, a rider on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) appropriations that prohibits ATF from disclosing firearm trace data and multiple handgun sales reports data for any purpose other than supporting a criminal investigatoin or agency licensing proceeding. The Tiahrt amendment is so called because its sponsor is Representative Todd Tiahrt. A coalition of 210 city mayors favors the repeal of this rider, but there is much opposition to that motion.
- 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.
- 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.
- Trafficking in Persons in Latin America and the Caribbean
- This report describes the nature and scope of the problem of trafficking in persons in Latin America and the Caribbean. It then describes U.S. efforts to deal with trafficking in persons in Latin America and the Caribbean, as well as discusses the successes and failures of some recent country and regional anti-trafficking efforts.
- 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.
- Community Oriented Policing Services (COPS): Current Legislative Issues
- The Community Oriented Policing Services (COPS) program 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.
- U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques
- This report discusses the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdiction and to criminalize all acts of torture.