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 Decade: 2000-2009
 Year: 2006
 Collection: Congressional Research Service Reports
Interrogation of Detainees: Overview of the McCain Amendment

Interrogation of Detainees: Overview of the McCain Amendment

Date: September 25, 2006
Creator: Garcia, Michael John
Description: Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with related U.S. statutes and treaties. Certain provisions of the Detainee Treatment Act (DTA), first introduced by Senator John McCain, have popularly been referred to as the "McCain Amendment." This report discusses the McCain amendment and also discusses the application of the McCain Amendment by the DOD in the updated 2006 version of the Army Field Manual.
Contributing Partner: UNT Libraries Government Documents Department
Data Security Breaches: Context and Incident Summaries

Data Security Breaches: Context and Incident Summaries

Date: September 28, 2006
Creator: Tehan, Rita
Description: Personal data security breaches are being reported with increasing regularity. Within the last few years, numerous examples of data such as Social Security numbers, bank account, credit card, driver’s license numbers, and medical and student records have been compromised. A major reason for the increased awareness of these security breaches is a California law that requires notice of security breaches to the affected individuals. This law, implemented in July 2003, was the first of its kind in the nation.
Contributing Partner: UNT Libraries Government Documents Department
Federal Habeas Corpus: An Abridged Sketch

Federal Habeas Corpus: An Abridged Sketch

Date: April 28, 2006
Creator: Doyle, Charles
Description: This report discusses federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often invoked after conviction and the exhaustion of the ordinary means of appeal. It is at once the last refuge of scoundrels and the last hope of the innocent. It is an intricate weave of statute and case law whose reach has flowed and ebbed over time.
Contributing Partner: UNT Libraries Government Documents Department
Federal Habeas Corpus: A Brief Legal Overview

Federal Habeas Corpus: A Brief Legal Overview

Date: April 26, 2006
Creator: Doyle, Charles
Description: This report discusses Federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review.
Contributing Partner: UNT Libraries Government Documents Department
Federal Habeas Corpus Relief: Background, Legislation, and Issues

Federal Habeas Corpus Relief: Background, Legislation, and Issues

Date: February 1, 2006
Creator: Seghetti, Lisa M & James, Nathan
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Interrogation of Detainees: Overview of the McCain Amendment

Interrogation of Detainees: Overview of the McCain Amendment

Date: October 2, 2006
Creator: Garcia, Michael John
Description: Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with related U.S. statutes and treaties. Certain provisions of the Detainee Treatment Act (DTA), first introduced by Senator John McCain, have popularly been referred to as the "McCain Amendment." This report discusses the McCain amendment and also discusses the application of the McCain Amendment by the DOD in the updated 2006 version of the Army Field Manual.
Contributing Partner: UNT Libraries Government Documents Department
Interrogation of Detainees: Overview of the McCain Amendment

Interrogation of Detainees: Overview of the McCain Amendment

Date: September 25, 2006
Creator: Garcia, Michael John
Description: Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain Amendment.” This report discusses the McCain Amendment, as modified and subsequently enacted into law.
Contributing Partner: UNT Libraries Government Documents Department
Interrogation of Detainees: Overview of the McCain Amendment

Interrogation of Detainees: Overview of the McCain Amendment

Date: October 2, 2006
Creator: Garcia, Michael John
Description: Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain Amendment.” This report discusses the McCain Amendment, as modified and subsequently enacted into law.
Contributing Partner: UNT Libraries Government Documents Department
Interrogation of Detainees: Overview of the McCain Amendment

Interrogation of Detainees: Overview of the McCain Amendment

Date: September 20, 2006
Creator: Garcia, Michael J.
Description: This report discusses the Detainee Treatment Act (DTA), which contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain amendment.” This report discusses the McCain amendment, as modified and subsequently enacted into law. This report also discusses the application of the McCain amendment by the DOD in the updated 2006 version of the Army Field Manual, particularly in light of the Supreme Court’s ruling in Hamdan v. Rumsfeld.
Contributing Partner: UNT Libraries Government Documents Department
Enemy Combatant Detainees:

Enemy Combatant Detainees:

Date: September 26, 2006
Creator: Elsea, Jennifer K & Thomas, Kenneth R
Description: In Rasul v. Bush, a divided Supreme Court declared that “a state of war is not a blank check for the president” and ruled that persons deemed “enemy combatants” have the right to challenge their detention before a judge or other “neutral decision-maker.” This report provides an overview of the CSRT procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act, analyzing how it might affect detainee-related litigation in federal court.
Contributing Partner: UNT Libraries Government Documents Department
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Date: September 26, 2006
Creator: Elsea, Jennifer K. & Thomas, Kenneth
Description: There have been inconsistent opinions in the District Court for the District of Columbia as to whether detainees who are suspected of connections to terrorist actions have any enforceable rights to challenge their treatment and detention. This report describes issues surrounding the writ of habeas corpus as it relates to detaining and imprisonment in matters of counterterrorism. This report also includes several legal cases and pieces of legislation in regards to this issue.
Contributing Partner: UNT Libraries Government Documents Department
Data Security: Protecting the Privacy of Phone Records

Data Security: Protecting the Privacy of Phone Records

Date: May 17, 2006
Creator: Stevens, Gina Marie & Rainson, Tara Alexandra
Description: This report discusses recent legislative and regulatory efforts to protect the privacy of customer telephone records, and efforts to prevent the unauthorized use, disclosure, or sale of such records by data brokers. In addition, it provides a brief overview of the confidentiality protections for customer information established by the Communications Act of 1934.
Contributing Partner: UNT Libraries Government Documents Department
Data Security: Protecting the Privacy of Phone Records

Data Security: Protecting the Privacy of Phone Records

Date: February 28, 2006
Creator: Stevens, Gina Marie & Rainson, Tara Alexandra
Description: This report discusses recent legislative and regulatory efforts to protect the privacy of customer telephone records, and efforts to prevent the unauthorized use, disclosure, or sale of such records by data brokers. In addition, it provides a brief overview of the confidentiality protections for customer information established by the Communications Act of 1934.
Contributing Partner: UNT Libraries Government Documents Department
Treatment of "Battlefield Detainees" in the War on Terrorism

Treatment of "Battlefield Detainees" in the War on Terrorism

Date: March 27, 2006
Creator: Elsea, Jennifer K
Description: None
Contributing Partner: UNT Libraries Government Documents Department
The United Nations Human Rights Council: Issues for Congress

The United Nations Human Rights Council: Issues for Congress

Date: August 8, 2006
Creator: Blanchfield, Luisa
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: June 2, 2006
Creator: Cohen, Henry
Description: This report provides an overview of the major exceptions to the First Amendment, i.e., 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.
Contributing Partner: UNT Libraries Government Documents Department
China and Falun Gong

China and Falun Gong

Date: May 25, 2006
Creator: Lum, Thomas
Description: “Falun Gong,” also known as “Falun Dafa,”1 combines an exercise regimen with meditation and moral tenets. The “Falun Gong” movement has led to the largest and most protracted public demonstrations in China since the democracy movement of 1989. On April 25, 1999, an estimated 10,000 to 30,000 adherents assembled in front of Zhongnanhai, the Chinese Communist Party leadership compound, and participated in a silent protest against state repression of their activities. On July 21, 1999, the People’s Republic of China (PRC) government, fearful of the spread of social unrest, outlawed the movement and began to arrest Falun Gong protesters.
Contributing Partner: UNT Libraries Government Documents Department
Bringing Peace to Chechnya?: Assessments and Implications

Bringing Peace to Chechnya?: Assessments and Implications

Date: March 31, 2006
Creator: Nichol, Jim
Description: A consistent theme of U.S. and other international criticism of Russia is that Russian troops use excessive and indiscriminate force to quell separatism in Chechnya and commit serious human rights abuses. There appeared to be fewer Administration suggestions to Russia that it should open peace talks with “moderate” separatists, more tolerance for Russia’s argument that it primarily was battling terrorism in Chechnya, and some hope that elections and rebuilding in Chechnya could contribute to a “political settlement.” But some in the Administration also argue that Russia is showing declining interest in the adoption of Western democratic and human rights “values,” and that such slippage could ultimately harm bilateral relations.
Contributing Partner: UNT Libraries Government Documents Department
Trafficking in Persons: The U.S. and International Response

Trafficking in Persons: The U.S. and International Response

Date: July 7, 2006
Creator: Miko, Francis T
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Social Unrest in China

Social Unrest in China

Date: May 8, 2006
Creator: Lum, Thomas
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Privacy: An Abbreviated Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping

Privacy: An Abbreviated Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping

Date: May 5, 2006
Creator: Stevens, Gina Marie & Doyle, Charles
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Undisclosed U.S. Detention Sites Overseas: Background and Legal Issues

Undisclosed U.S. Detention Sites Overseas: Background and Legal Issues

Date: September 12, 2006
Creator: Elsea, Jennifer K & Kim, Julie
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Palestinian Education and the Debate Over Textbooks

Palestinian Education and the Debate Over Textbooks

Date: March 7, 2006
Creator: Pina, Aaron D
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Information Act (FOIA) Amendments: 109th Congress

Freedom of Information Act (FOIA) Amendments: 109th Congress

Date: September 22, 2006
Creator: Relyea, Harold C.
Description: Enacted in 1966, the Freedom of Information Act (FOIA) was designed to enable any person -- individual or corporate, regardless of citizenship -- to request, without explanation or justification, presumptive access to existing, identifiable, unpublished, executive branch agency records on any topic. The statute specified nine categories of information that may be permissibly exempted from the rule of disclosure. Disputes over the accessibility of requested records could be ultimately settled in court. The statute has become a somewhat popular tool of inquiry and information gathering for various quarters of American society. This report details the history of the Act, as well as relevant legislation and incidences and the efforts to amend the Act.
Contributing Partner: UNT Libraries Government Documents Department
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