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Attempt: An Abbreviated Overview of Federal Criminal Law [Updated May 13, 2020]
From the Summary: "Attempt is the incomplete form of some other underlying offense. Unlike state law, federal law does not feature a general attempt statute. Instead, federal law outlaws the attempt to commit a number of federal underlying offenses on an individual basis. Occasionally, federal law treats attempt-like conduct as an underlying offense; outlawing possession of drugs with intent to traffic, for instance. One way or another, it is a federal crime to attempt to commit nearly all of the most frequently occurring federal offenses. Attempt consists of two elements. One is the intent to commit the underlying offense. The other is taking some substantial step, beyond mere preparation, collaborative of the intent to commit the underlying offense. The line between mere preparation and a substantial step can be hard to identify. Some suggest that the more egregious the underlying offense, the sooner preparation will become a substantial step."
Library of Congress. Congressional Research Service
Doyle, Charles
2020-05-13
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Terrorism and Extraterritorial Jurisdiction in Criminal Cases: Recent Developments [September 2, 2002]
From the Summary: "A nation's criminal jurisdiction is usually limited to its own territory. In a surprising number of instances, however, federal criminal law applies abroad to U.S. citizens and foreign nationals. The USA PATRIOT [Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism] Act and legislation implementing treaties on terrorist bombings and on financing terrorism enlarge the extent of federal extraterritorial criminal jurisdiction. The USA PATRIOT Act's contributions involve credit cards, money laundering, and the special maritime and territorial jurisdiction of the United States. Congress has enacted laws proscribing various common law crimes such as murder, robbery, or sexual assaults when committed within the special maritime and territorial jurisdiction of the United States, i.e., when committed aboard an American vessel or within a federal enclave. Whether federal enclaves in other countries are included within the special territorial jurisdiction of the United States is a question that divides the lower courts. The Act provides that the overseas establishments of federal governmental entities and residences of their staffs are within the special territorial jurisdiction of the United States for purposes of crimes committed by or against U.S. nationals."
Library of Congress. Congressional Research Service
Doyle, Charles
2002-09-02
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Terrorism and Extraterritorial Jurisdiction in Criminal Cases: Recent Developments in Brief [September 6, 2002]
From the Summary: "Most crime is territorial. It is proscribed, investigated, tried, and punished under the law of the place where it occurs. As a general rule, no nation's laws apply within the territory of another. Yet in a surprising number of instances, federal criminal law does apply overseas to U.S. citizens and foreign nationals. As long as there is some nexus to the United States, federal law authorizes prosecution - practical, diplomatic, and procedural impediments notwithstanding. In the 107th Congress, the USA PATRIOT [Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism] Act and the legislation implementing the international conventions on terrorist bombings and on financing terrorism have extended the substantive authority for federal prosecution of crimes occurring elsewhere."
Library of Congress. Congressional Research Service
Doyle, Charles
2002-09-06
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Material Support of Terrorists and Foreign Terrorist Organizations: Sunset Amendments [Updated September 15, 2005]
"Section 6603 of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) temporarily amended two federal terrorist assistance prohibitions. Those amendments expire on December 31, 2006, P.L. 108-458, 118 Stat. 3762-764 (2004). Under the provisions of the USA PATRIOT and Terrorism Prevention Reauthorization Act, H.R. 3199, as passed by the House, and S. 1389, as passed by the Senate, the amendments would become permanent. In response to court decisions that found certain of their central terms unconstitutionally vague, section 6603 amended the federal statutes that outlaw assistance to terrorists and foreign terrorist organizations, 18 U.S.C. 2339A, 2339B. Initial judicial reaction suggests they may still be considered vague. Section 6603 temporarily rejected a narrow construction of the knowledge requirements under section 2339B, an interpretation which might have dissipated any vagueness problems. Section 6603 expanded the overseas application of section 2339B as well. It permits federal prosecution of an act proscribed in section 2339B and committed entirely abroad by a foreign national if the offender can be brought to this country for trial. Section 2339A outlaws providing material support or resources with the intent that they be used for the commission of certain predicate terrorism offenses. Section 6603 enlarged the list of predicate offenses to include any federal crime of terrorism (18 U.S.C. 2332b(g)(5)(B)) and added two crimes to the list, 18 U.S.C. 1361 (destruction of federal property) and 18 U.S.C. 2156 (production of defective national defense material)."
Library of Congress. Congressional Research Service
Doyle, Charles
2005-09-15
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Material Support of Terrorists and Foreign Terrorist Organizations: Sunset Amendments [Updated August 11, 2005]
"Section 6603 of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) temporarily amended two federal terrorist assistance prohibitions. Those amendments expire on December 31, 2006, P.L. 108-458, 118 Stat. 3762-764 (2004). Under the provisions of H.R. 3199, as passed by the House, and S. 1389, as passed by the Senate, the amendments would become permanent. In response to court decisions that found certain of their central terms unconstitutionally vague, section 6603 amended the federal statutes that outlaw assistance to terrorists and foreign terrorist organizations, 18 U.S.C. 2339A, 2339B. Initial judicial reaction suggests they may still be considered vague. Section 6603 temporarily rejected a narrow construction of the knowledge requirements under section 2339B, an interpretation which might have dissipated any vagueness problems. Section 6603 expanded the overseas application of section 2339B as well. It permits federal prosecution of an act proscribed in section 2339B and committed entirely abroad by a foreign national if the offender can be brought to this country for trial. Section 2339A outlaws providing material support or resources with the intent that they be used for the commission of certain predicate terrorism offenses. Section 6603 enlarged the list of predicate offenses to include any federal crime of terrorism (18 U.S.C. 2332b(g)(5)(B)) and added two crimes to the list, 18 U.S.C. 1361 (destruction of federal property) and 18 U.S.C. 2156 (production of defective national defense material)."
Library of Congress. Congressional Research Service
Doyle, Charles
2005-08-11
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Material Support of Terrorists and Foreign Terrorist Organizations: Sunset Amendments [Updated March 17, 2006]
"Section 6603 of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) temporarily amended two federal terrorist assistance prohibitions. Those amendments were to expire on December 31, 2006, P.L. 108-458, 118 Stat. 3762-764 (2004). P.L. 109-160 extended their expiration date until February 3, 2006, 119 Stat. 2957 (2005); P.L. 109-170 extended it yet again until March 10, 2006, 120 Stat. 3 (2006). Section 104 of the USA PATRIOT Improvement and Reauthorization Act and Terrorism Prevention Reauthorization Act (H.R. 3199), made the amendments permanent, P.L. 109-177, 120 Stat. 195 (2006). In response to court decisions that found certain of their central terms unconstitutionally vague, section 6603 amended the federal statutes that outlaw assistance to terrorists and foreign terrorist organizations, 18 U.S.C. 2339A, 2339B. Initial judicial reaction suggests they may still be considered vague. Section 6603 temporarily rejected a narrow construction of the knowledge requirements under section 2339B, an interpretation which might have dissipated any vagueness problems."
Library of Congress. Congressional Research Service
Doyle, Charles
2006-03-17
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Material Support of Terrorists and Foreign Terrorist Organizations: Sunset Amendments in Brief [Updated March 17, 2006]
"Section 6603 of the Intelligence Reform and Terrorism Prevention Act of 2004 amends two federal terrorist assistance prohibitions. Those amendments were to expire on December 31, 2006, P.L. 108-458, 118 Stat. 3762-764 (2004). P.L. 109-160 extended their expiration date until February 3, 2006, 119 Stat. 2957 (2005); P.L. 109-170 extended it yet again until March 10, 2006, 120 Stat. 3 (2006). Section 104 of the USA PATRIOT Improvement and Reauthorization Act and Terrorism Prevention Reauthorization Act (H.R. 3199), made the amendments permanent, P.L. 109-177, 120 Stat. 195 (2006). In their present form the amendments, found in section 6603 of the act: (1) amend the definitions of 'material support or resources,' 'training,' and 'expert advice or assistance' as those terms are used in 18 U.S.C. 2339A and 2339B, and of 'personnel' as used in section 2339B; (2) add a more explicit knowledge requirement to section 2339B; (3) expand the extraterritorial jurisdiction reach of section 2339B; (4) enlarge the list of federal crimes of terrorism, 18 U.S.C. 2332b(g)(5); (5) add the enlarged list to the inventory of predicate offenses for 18 U.S.C. 2339A (material support for the commission of certain terrorist crimes) and consequently for 18 U.S.C. 2339B (material support for designated terrorist organizations); and (6) preclude prosecution for certain violations committed with the approval of the Secretary of State and concurrence of the Attorney General (e.g., stings)."
Library of Congress. Congressional Research Service
Doyle, Charles
2006-03-17
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Marijuana: Medical and Retail - An Abbreviated View of Selected Legal Issues [March 25, 2014]
"The federal Controlled Substances Act (CSA) outlaws the possession, cultivation, or distribution of marijuana except for authorized research. Twenty states have regulatory schemes that allow possession, cultivation, or distribution of marijuana for medicinal purposes. Two have revenue regimes that allow possession, cultivation, or sale generally. The U.S. Constitution's Supremacy Clause preempts any state law that conflicts with federal law. Although there is some division, the majority of state courts have concluded that the federal-state marijuana law conflict does not require preemption of state medical marijuana laws. The legal consequences of a CSA violation, however, remain in place. Nevertheless, current federal criminal enforcement guidelines counsel confining investigations and prosecutions to the most egregious affront to federal interests. Legal and ethical considerations limit the extent to which an attorney may advise and assist a client intent on participating in his or her state's medical or recreational marijuana system. Bar associations differ on the precise boundaries of those limitations. State medical marijuana laws grant registered patients, their doctors, and providers immunity from the consequences of state law. The Washington and Colorado retail marijuana regimes authorize the commercial exploitation of the marijuana market in small taxable doses."
Library of Congress. Congressional Research Service
Garvey, Todd; Doyle, Charles
2014-03-25
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National Security Letters: Proposals in the 112th Congress [June 30, 2011]
"National Security Letters (NSLs) are roughly comparable to administrative subpoenas. Various intelligence agencies use them to demand certain customer information from communications providers, financial institutions, and consumer credit reporting agencies under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and the Electronic Communications Privacy Act. The USA PATRIOT Act expanded NSL authority. Later reports of the Department of Justice's Inspector General indicated that (1) the FBI [Federal Bureau of Investigation] considered the expanded authority very useful; (2) after expansion the number of NSL requests increased dramatically; (3) the number of requests relating to Americans increased substantially; and (4) FBI use of NSL authority had sometimes failed to comply with statutory, Attorney General, or FBI policies. […] This report reprints the text of the five NSL statutes as they now appear and as they appeared prior to amendment by the USA PATRIOT Act (to which form they would be returned under S. 1125 and H.R. 1805). Related reports include CRS [Congressional Research Service] Report R40138, Amendments to the Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015, by Edward C. Liu, and CRS Report RL33320, National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments, by Charles Doyle."
Library of Congress. Congressional Research Service
Doyle, Charles
2011-06-30
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National Security Letters: Proposed Amendments in the 111th Congress [December 27, 2010]
"Five federal statutes authorize various intelligence agencies to demand, through National Security Letters (NSLs), certain customer information from communications providers, financial institutions, and consumer credit reporting agencies, under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and Electronic Communications Privacy Act. The USA PATRIOT Act expanded NSL authority. Later reports of the Department of Justice Inspector General indicated that (1) the FBI considered the expanded authority very useful; (2) after expansion the number of NSLs requests increased dramatically; (3) the number of requests relating to Americans increased substantially; and (4) FBI use of NSL authority had sometimes failed to comply with statutory, Attorney General, or FBI policies. Originally, the NSL statutes authorized nondisclosure requirements prohibiting recipients from disclosing receipt or the content of the NSL to anyone, ever. They now permit judicial review of these secrecy provisions. As understood by the courts, recipients may request the issuing agency to seek and justify to the court the continued binding effect of any secrecy requirement."
Library of Congress. Congressional Research Service
Doyle, Charles
2010-12-27
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National Security Letters: Proposals in the 112th Congress [February 1, 2011]
"Three USA PATRIOT Act-related amendments to the Foreign Intelligence Surveillance Act (FISA) expire on February 28, 2011. None of the expiring provisions deal with National Security Letters (NSLs). The USA PATRIOT Act Sunset Extension Act of 2011 (S. 193), however, would both extend the expiration of those provisions and amend existing NSL authority. S. 193 corresponds in large measure to legislation reported out of the Senate Judiciary Committee during the last Congress (S. 1692 (111th Cong.)). NSLs are roughly comparable to administrative subpoenas. Various intelligence agencies use them to demand certain customer information from communications providers, financial institutions, and consumer credit reporting agencies under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and the Electronic Communications Privacy Act. [...] S. 193 would return NSL statutes, as of December 31, 2013, to their pre-USA PATRIOT Act status. It would also codify existing law with respect to judicial review of NSL nondisclosure orders and expand existing audit and reporting requirements. This report reprints the text of the five NSL statutes as they now appear and as they appeared prior to amendment by the USA PATRIOT Act (to which form they would be returned under S. 193)."
Library of Congress. Congressional Research Service
Doyle, Charles
2011-02-01
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National Security Letters: Proposals in the 113th Congress [January 22, 2015]
"A National Security Letter (NSL) is roughly comparable to an administrative subpoena. Various intelligence agencies use NSLs to demand certain customer information from communications providers, financial institutions, and consumer credit reporting agencies under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and the Electronic Communications Privacy Act. Congress weighed several NSL amendments during the 113th Congress. The House passed one, H.R. 3361. The Senate failed to provide the three-fifths vote necessary for cloture on another, S. 2685. Yet in the end, the 113th Congress adjourned without enacting any of the proposed NSL amendments. […] As an additional oversight tool, S. 1215 and S. 1599 would have returned all but two of the NSL statutes to their pre-USA PATRIOT Act [Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001] form, effective June 1, 2015. The exceptions would have been the National Security Act NSL statute, which evokes few privacy concerns, and the sweeping, USA PATRIOT Act-born, Fair Credit Reporting Act NSL statute, which the bills would have repealed. This report reprints the text of the five NSL statutes as they now appear and as they appeared prior to amendment by the USA PATRIOT Act (to which form they would have been returned under S. 1125 and H.R. 1805). Related reports include CRS [Congressional Research Service] Report R40138, Amendments to the Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015, by Edward C. Liu, and CRS Report RL33320, National Security Letters in Foreign Intelligence Investigations: Legal Background, by Charles Doyle."
Library of Congress. Congressional Research Service
Doyle, Charles
2015-01-22
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National Security Letters: Proposal in the 113th Congress [November 22, 2013]
"National Security Letters (NSLs) are roughly comparable to administrative subpoenas. They need no prior judicial approval. Intelligence agencies issue them for intelligence gathering purposes to telephone companies, Internet service providers, consumer credit reporting agencies, banks, and other financial institutions, directing the recipients to turn over certain customer records and similar information. The 111th and 112th Congresses saw a number of proposals to amend NSL authority. None were enacted. In the 112th Congress, they were closely associated with the scheduled expiration of various provisions of the Foreign Intelligence Surveillance Act (FISA). In the 113th Congress, they have often been grouped with legislation that addresses the exercise of FISA authority."
Library of Congress. Congressional Research Service
Doyle, Charles
2013-11-22
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National Security Letters: Proposed Amendments in the 111th Congress [December 21, 2009]
"Five federal statutes authorize various intelligence agencies to demand, through National Security Letters (NSLs), certain customer information from communications providers, financial institutions, and consumer credit reporting agencies, under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and Electronic Communications Privacy Act. The USA PATRIOT [Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism] Act expanded NSL authority. Later reports of the Department of Justice Inspector General indicated that (1) the FBI [Federal Bureau of Investigation] considered the expanded authority very useful; (2) after expansion the number of NSLs requests increased dramatically; (3) the number of requests relating to Americans increased substantially; and (4) FBI use of NSL authority had sometimes failed to comply with statutory, Attorney General, or FBI policies."
Library of Congress. Congressional Research Service
Doyle, Charles
2009-12-21
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National Security Letters: Proposed Amendments in the 111th Congress [October 28, 2009]
"Five federal statutes authorize various intelligence agencies to demand, through National Security Letters (NSLs), certain customer information from communications providers, financial institutions, and consumer credit reporting agencies, under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and Electronic Communications Privacy Act. The USA PATRIOT Act expanded NSL authority. Later reports of the Department of Justice Inspector General indicated that (1) the FBI considered the expanded authority very useful; (2) after expansion the number of NSLs requests increased dramatically; (3) the number of requests relating to Americans increased substantially; and (4) FBI use of NSL authority had sometimes failed to comply with statutory, Attorney General, or FBI policies. […] Several USA PATRIOT Act provisions are scheduled to expire on December 31, 2009. The NSL statutory provisions are not among them. Nevertheless, several bills have been introduced which would amend and in some cases repeal NSL authority. […] In addition to sunset and repeal, the bills raise issues involving amendment of nondisclosure requirements; the promulgation of standards to minimize capturing, using, and holding (long term) NSL generated information, continued periodic IG audits and reports, and limitations on statutory provisions thought by some to permit circumvention of NSL statutory requirements. This report includes a chart comparing the provisions of the bills and current law. It also reprints the text of the five NSL statutes as they now appear and as they appeared prior to amendment by the USA PATRIOT Act (to which form they would return under some of the bills)."
Library of Congress. Congressional Research Service
Doyle, Charles
2009-10-28
