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 Decade: 2000-2009
 Collection: Congressional Research Service Reports
9/11 Commission Recommendations: A Civil Liberties Oversight Board
Among the recommendations made by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) in its final report is the creation of a board within the executive branch to oversee adherence to guidelines on, and the commitment to defend, civil liberties by the federal government. This report examines this recommendation and its implications, and will be updated as events warrant. digital.library.unt.edu/ark:/67531/metacrs5755/
Access to Government Information in the United States
The U.S. Constitution makes no specific allowance for any one of the three branches of the federal government to have access to information held by the others. No provision in the U.S. Constitution expressly establishes a procedure for public access to government information. Congress has legislated various public access laws. Among these laws are two records access statutes, The Freedom of Information Act, the Privacy Act, and two meetings access statutes, the Federal Advisory Committee Act, and the Government in the Sunshine Act. This report offers an overview of the four information access laws noted above, and provides citations to additional resources related to these tools. digital.library.unt.edu/ark:/67531/metadc29513/
Arrest and Detention of Material Witnesses and the USA PATRIOT Act and Terrorism Reauthorization Act (H.R. 3199): A Sketch
Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199), as reported by the House Judiciary Committee, directed the Department of Justice to review the detention of individuals under the federal material witness statute, including their length of detention], conditions of access to counsel, frequency of access to counsel, offense at issue, and frequency of appearance before a grand jury. This report illustrates the level of controversy easily generated by material witness statutes. digital.library.unt.edu/ark:/67531/metacrs7361/
Arrest and Detention of Material Witnesses: Federal Law In Brief and Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199)
This report is an overview of the law under the federal material witness statute which authorizes the arrest of material witnesses, permits their release under essentially the same bail laws that apply to federal criminal defendants, but favors their release after their depositions have taken. A list of citations to comparable state statutes and a bibliography of law review articles and notes are appended. digital.library.unt.edu/ark:/67531/metacrs7306/
Bangladesh: Background and U.S. Relations
This report discusses the key issues regarding U.S.-Bangladesh Relations. U.S. policy toward Bangladesh emphasizes support for political stability and democracy; social and economic development; and improvement of human rights. The United States has long-standing supportive relations with Bangladesh and has viewed Bangladesh as a moderate voice in the Islamic world. digital.library.unt.edu/ark:/67531/metacrs9527/
A Brief Summary of the HIPAA Medical Privacy Rule
This report provides a brief overview of the modified HIPAA Privacy rule, “Standards for the Privacy of Individually Identifiable Health Information” (“privacy rule”) published on August 14, 2002 by the Department of Health and Human Services (HHS). digital.library.unt.edu/ark:/67531/metacrs5165/
A Brief Summary of the Medical Privacy Rule
This report provides a brief overview of the recently modified medical privacy rule, “Standards for the Privacy of Individually Identifiable Health Information”(“privacy rule”) published on August 14, 2002 by the Department of Health and Human Services (HHS). The privacy rule went into effect April 14, 2001, with compliance required by April 2003 for most entities. The regulation creates a new federal floor of privacy protections while leaving in place more protective state rules or practices. The rule establishes a set of basic consumer protections and a series of regulatory permissions for uses and disclosures of protected health information. digital.library.unt.edu/ark:/67531/metacrs3267/
A Brief Summary of the Medical Privacy Rule
On March 27, 2002 the Department of Health and Human Services (HHS) published its proposed changes to the medical privacy regulations issued by the Clinton Administration under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). HHS is accepting comments on the proposed changes until April 26, 2002. This report provides an overview of the final rule for “Standards for the Privacy of Individually Identifiable Health Information” ( “privacy rule”) that went into effect on April 14, 2001, and an overview of the Bush Administration’s proposed changes to the privacy regulation. digital.library.unt.edu/ark:/67531/metacrs3266/
A Brief Summary of the Medical Privacy Rule
This report provides a brief overview of the modified medical privacy rule, “Standards for the Privacy of Individually Identifiable Health Information”(“privacy rule”) published on August 14, 2002 by the Department of Health and Human Services (HHS). The privacy regulation creates a new federal floor of privacy protections while leaving in place more protective state rules or practices. The rule establishes a set of basic consumer protections and a series of regulatory permissions for uses and disclosures of protected health information. digital.library.unt.edu/ark:/67531/metacrs5166/
Bringing Peace to Chechnya?: Assessments and Implications
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. digital.library.unt.edu/ark:/67531/metacrs9139/
Campaign Finance Regulation Under the First Amendment:
This Report first discusses the critical holdings enunciated by the Supreme Court in Buckley, including those: upholding reasonable contribution limits, striking down expenditure limits, upholding disclosure reporting requirements, and upholding the system of voluntary presidential election expenditure limitations linked with public financing. It then examines the Court’s extension of Buckley in fourteen subsequent cases, evaluating them in three regulatory contexts: contribution limits (California Medical Association v. FEC; Citizens Against Rent Control v. Berkeley; Nixon v. Shrink Missouri Government PAC), expenditure limits (First National Bank of Boston v. Bellotti; FEC v. Massachusetts Citizens for Life; Austin v. Michigan Chamber of Commerce; FEC v. National Right to Work; Colorado Republican Federal Campaign Committee v. FEC; FEC v. Democratic Senatorial Campaign Committee; FEC v. National Conservative Political Action Committee), and disclosure requirements (Buckley v. American Constitutional Law Foundation; Brown v. Socialist Workers ‘74 Campaign Committee; FEC v. Akins; McIntrye v. Ohio Elections Commission). digital.library.unt.edu/ark:/67531/metacrs1158/
Campaign Finance Regulation Under the First Amendment: Buckley v. Valeo and its Supreme Court Progeny
This report first discusses the critical holdings enunciated bythe SupremeCourt in Buckley, including those: upholding reasonable contribution limits, striking down expenditure limits, upholding disclosure reporting requirements, and upholding the system of voluntary presidential election expenditure limitations linked with public financing. It then examines the Court’s extension of Buckley in fifteen subsequent cases, evaluating them in three regulatory contexts: contribution limits (California Medical Association v. FEC; Citizens Against Rent Control v. Berkeley; Nixon v. Shrink Missouri Government PAC; FEC v. Beaumont), expenditure limits (First National Bank of Boston v. Bellotti; FEC v. Massachusetts Citizens for Life; Austin v. Michigan Chamber of Commerce; FEC v. National Right to Work; Colorado Republican Federal Campaign Committee (Colorado I) v. FEC; FEC v. Colorado Republican Federal Campaign Committee (Colorado II); FEC v. Democratic Senatorial Campaign Committee; FEC v. National Conservative Political Action Committee), and disclosure requirements (Buckley v. American Constitutional Law Foundation; Brown v. Socialist Workers ‘74 Campaign Committee; FEC v. Akins; McIntrye v. Ohio Elections Commission). digital.library.unt.edu/ark:/67531/metacrs4392/
Campaign Finance Regulation Under the First Amendment: Buckley v. Valeo and its Supreme Court Progeny
This report first discusses the critical holdings enunciated bythe SupremeCourt in Buckley, including those: upholding reasonable contribution limits, striking down expenditure limits, upholding disclosure reporting requirements, and upholding the system of voluntary presidential election expenditure limitations linked with public financing. It then examines the Court’s extension of Buckley in fifteen subsequent cases, evaluating them in three regulatory contexts: contribution limits (California Medical Association v. FEC; Citizens Against Rent Control v. Berkeley; Nixon v. Shrink Missouri Government PAC; FEC v. Beaumont), expenditure limits (First National Bank of Boston v. Bellotti; FEC v. Massachusetts Citizens for Life; Austin v. Michigan Chamber of Commerce; FEC v. National Right to Work; Colorado Republican Federal Campaign Committee (Colorado I) v. FEC; FEC v. Colorado Republican Federal Campaign Committee (Colorado II); FEC v. Democratic Senatorial Campaign Committee; FEC v. National Conservative Political Action Committee), and disclosure requirements (Buckley v. American Constitutional Law Foundation; Brown v. Socialist Workers ‘74 Campaign Committee; FEC v. Akins; McIntrye v. Ohio Elections Commission). digital.library.unt.edu/ark:/67531/metacrs4391/
China and "Falun Gong"
“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. digital.library.unt.edu/ark:/67531/metacrs3927/
China and "Falun Gong"
“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. digital.library.unt.edu/ark:/67531/metacrs2250/
China and "Falun Gong"
“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. digital.library.unt.edu/ark:/67531/metacrs2249/
China and "Falun Gong"
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. digital.library.unt.edu/ark:/67531/metacrs1457/
China and Falun Gong
“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. digital.library.unt.edu/ark:/67531/metacrs8947/
China and "Falun Gong"
No Description digital.library.unt.edu/ark:/67531/metacrs7854/
China's Relations with Central Asian States and Problems with Terrorism
This report provides an overview of the Muslim separatist movement in China’s northwestern Xinjiang Uighur Autonomous Region, China’s attempts to stifle activities which it considers terrorism, and implications for U.S. policy. Some analysts suggest that the U.S.-led campaign against terrorism may make it difficult to pressure the Chinese government on human rights and religious freedoms, particularly as they relate to Uighur Muslims in Xinjiang. digital.library.unt.edu/ark:/67531/metacrs1455/
China's Relations with Central Asian States and Problems with Terrorism
This report provides an overview of the Muslim separatist movement in China’s northwestern Xinjiang Uighur Autonomous Region, China’s attempts to stifle activities which it considers terrorism, and implications for U.S. policy. Some analysts suggest that the U.S.-led campaign against terrorism may make it difficult to pressure the Chinese government on human rights and religious freedoms, particularly as they relate to Uighur Muslims in Xinjiang. digital.library.unt.edu/ark:/67531/metacrs6842/
Comparison of California's Financial Information Privacy Act of 2003 with Federal Privacy Provisions
The California Financial Information Privacy Act,1 enacted on August 28, 2003, and effective on July 1, 2004, governs the rights of California residents with respect to the dissemination of nonpublic personal information by financial institutions. In some respects, it diverges from two federal laws that impose restrictions on the dissemination of nonpublic personally identifiable customer information by financial information. digital.library.unt.edu/ark:/67531/metacrs8192/
Compliance with the HIPAA Medical Privacy Rule
As of April 14, 2003, most health care providers (including doctors and hospitals) and health plans are required to comply with the new Privacy Rule mandated by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and must comply with national standards to protect individually identifiable health information. The HIPAA Privacy Rule creates a federal floor of privacy protections for individually identifiable health information; establishes a set of basic consumer protections; institutes a series of regulatory permissions for uses and disclosures of protected health information; permits any person to file an administrative complaint for violations; and authorizes the imposition of civil or criminal penalties. digital.library.unt.edu/ark:/67531/metacrs5175/
Condemnation of Private Property for Economic Development: Legal Comments on the House-Passed Bill (H.R. 4128) and Bond Amendment
The prohibition on economic development condemnations extends not only to land taken for the explicit purpose of economic development but also to land subsequently so used. The latter coverage raises the possibility that although a parcel was initially condemned for a non-prohibited purpose, its use years later for a prohibited one would trigger the two-year cut-off of federal funds. Nor does there seem to be any proportionality requirement between the prohibited condemnations and the length and scope of the federal funds suspension. If Congress’ Spending Power includes a proportionality requirement for conditions on federal funds, as the Court suggests, the absence of proportionality in some of the bill’s applications may raise a constitutional issue. digital.library.unt.edu/ark:/67531/metacrs8250/
Congress and U.S. Policy on North Korean Human Rights and Refugees: Recent Legislation and Implementation
The passage of the reauthorization of the North Korean Human Rights Act in October 2008 reasserted congressional interest in influencing the Bush Administration's policy toward North Korea. In addition to reauthorizing funding at original levels, the bill expresses congressional criticism of the implementation of the original 2004 law and adjusts some of the provisions relating to the Special Envoy on Human Rights in North Korea and the U.S. resettlement of North Korean refugees. Some outside analysts have pointed to the challenges of highlighting North Korea's human rights violations in the midst of the ongoing nuclear negotiations, as well as the difficulty in effectively reaching North Korean refugees as outlined in the law. Further, the law may complicate coordination on North Korea with China and South Korea. digital.library.unt.edu/ark:/67531/metacrs10809/
Constitutionality of Applying the FCC's Indecency Restriction to Cable Television
Various federal officials have spoken in favor of extending the Federal Communication Commission’s indecency restriction, which currently applies to broadcast television and radio, to cable and satellite television. This report examines whether such an extension would violate the First Amendment’s guarantee of freedom of speech. digital.library.unt.edu/ark:/67531/metacrs8234/
Critical Infrastructure Information Disclosure and Homeland Security
This report discusses the Freedom of Information Act (FOIA) that was passed to ensure by statute citizen access to government information. Nine categories of information may be exempted from disclosure. Three of the nine exemptions provide possible protection against the release of critical infrastructure information: exemption 1 (national security information); exemption 3 (information exempted by statute); and exemption 4 (confidential business information). Congress has considered several proposals to exempt critical infrastructure information from the FOIA. digital.library.unt.edu/ark:/67531/metacrs2244/
Critical Infrastructure Information Disclosure and Homeland Security
This report discusses the Freedom of Information Act (FOIA) that was passed to ensure by statute citizen access to government information. Nine categories of information may be exempted from disclosure. Three of the nine exemptions provide possible protection against the release of critical infrastructure information: exemption 1 (national security information); exemption 3 (information exempted by statute); and exemption 4 (confidential business information). Congress has considered several proposals to exempt critical infrastructure information from the FOIA. digital.library.unt.edu/ark:/67531/metacrs3914/
Cuba After Fidel Castro: U.S. Policy Implications and Approaches
In the new context of Fidel’s transfer of power, there are two broad policy approaches to contend with political change in Cuba: a stay-the-course or status-quo approach that would maintain the U.S. dual-track policy of isolating the Cuban government while providing support to the Cuban people; and an approach aimed at influencing the Cuban government and Cuban society through increased contact and engagement. digital.library.unt.edu/ark:/67531/metacrs9519/
Cuba After Fidel Castro: U.S. Policy Implications and Approaches
In the new context of Fidel’s transfer of power, there are two broad policy approaches to contend with political change in Cuba: a stay-the-course or status-quo approach that would maintain the U.S. dual-track policy of isolating the Cuban government while providing support to the Cuban people; and an approach aimed at influencing the Cuban government and Cuban society through increased contact and engagement. digital.library.unt.edu/ark:/67531/metacrs9518/
Cuba: Issues for the 109th Congress
This report, which will be updated regularly, examines issues in U.S.-Cuban relations and tracks legislative initiatives on Cuba in the 109th Congress. The 109th Congress will likely continue an active interest in Cuba concerning human rights, debate over economic sanctions (especially on travel), food and agricultural exports to Cuba, terrorism issues, Radio and TV Marti, bilateral anti-drug cooperation, and migration issues. digital.library.unt.edu/ark:/67531/metacrs9371/
Cuba: Issues for the 109th Congress
This report, which will be updated regularly, examines issues in U.S.-Cuban relations and tracks legislative initiatives on Cuba in the 109th Congress. The 109th Congress will likely continue an active interest in Cuba concerning human rights, debate over economic sanctions (especially on travel), food and agricultural exports to Cuba, terrorism issues, Radio and TV Marti, bilateral anti-drug cooperation, and migration issues. digital.library.unt.edu/ark:/67531/metacrs9370/
Cuba: U.S. Restrictions on Travel and Remittances
The first half of this report looks at the background of U.S. travel restrictions to Cuba over the last 40 years. The second half of this report looks at several initiatives from the 110th Congress that would ease U.S. travel restrictions to Cuba. digital.library.unt.edu/ark:/67531/metadc96738/
Cuba: U.S. Restrictions on Travel and Remittances
The first half of this report looks at the background of U.S. travel restrictions to Cuba over the last 40 years. The second half of this report looks at several initiatives from the 111th Congress that would ease U.S. travel restrictions to Cuba. digital.library.unt.edu/ark:/67531/metadc96739/
Cuba: U.S. Restrictions on Travel and Remittances
Restrictions on travel to Cuba have been a key and often contentious component in U.S. efforts to isolate the communist government of Fidel Castro for much of the past 40 years. Under the Bush Administration, enforcement of U.S. restrictions on Cuba travel has increased, and restrictions on travel and on private remittances to Cuba have been tightened. Several legislative initiatives have been introduced in the 109th Congress that would ease restrictions on travel and remittances to Cuba. These bills would, among other things, lift overall restrictions on travel to Cuba, lift the overall embargo, and ease restrictions on exporting agricultural commodities to Cuba. digital.library.unt.edu/ark:/67531/metacrs9388/
Data Security Breaches: Context and Incident Summaries
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. digital.library.unt.edu/ark:/67531/metacrs9944/
Data Security: Federal and State Laws
Security breaches involving electronic personal data have come to light largely as a result of the California Security Breach Notification Act, a California notification law that went into effect in 2003. In response, the states and some Members have introduced bills that would require companies to notify persons affected by such security breaches. By December 2005, 35 states had introduced data security legislation and 22 states had enacted data security laws. digital.library.unt.edu/ark:/67531/metacrs9022/
Data Security: Federal Legislative Approaches
This report discusses the core areas addressed in federal legislation, including the scope of coverage (who is covered and what information is covered); data privacy and security safeguards for sensitive personal information; requirements for security breach notification (when, how, triggers, frequency, and exceptions); restrictions on social security numbers (collection, use, and sale); credit freezes on consumer reports; identity theft penalties; causes of action; and preemption. digital.library.unt.edu/ark:/67531/metacrs9019/
Data Security: Protecting the Privacy of Phone Records
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. digital.library.unt.edu/ark:/67531/metacrs9027/
Data Security: Protecting the Privacy of Phone Records
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. digital.library.unt.edu/ark:/67531/metacrs9026/
Delegation of the Federal Power of Eminent Domain to Nonfederal Entities
Congress has on several occasions delegated its power of eminent domain to entities outside the federal government -- public and private corporations, interstate compact agencies, state and local governments, and even individuals. The constitutionality of such delegation, and of the exercise of such power by even private delegates, is today beyond dispute. However, among delegates with both federal and private characteristics, there is some subjectivity to deciding which to list in a report limited to "nonfederal entities." For delegatees of federal eminent domain power listed here, delegations since 1920 have primarily been to Amtrak, hydroelectric facilities (for dams and reservoirs), and entities engaged in the movement of electricity, gas, and petroleum (the last one expired), and for interstate bridges. digital.library.unt.edu/ark:/67531/metacrs10746/
Detainees at Guantànamo Bay
After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to the detentions. digital.library.unt.edu/ark:/67531/metacrs7669/
Detainees at Guantànamo Bay
After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to the detentions. digital.library.unt.edu/ark:/67531/metacrs7668/
Detention of American Citizens as Enemy Combatants
This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force. digital.library.unt.edu/ark:/67531/metacrs6143/
Detention of American Citizens as Enemy Combatants
This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force. digital.library.unt.edu/ark:/67531/metacrs6142/
Detention of American Citizens as Enemy Combatants
This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances. digital.library.unt.edu/ark:/67531/metacrs5753/
Detention of American Citizens as Enemy Combatants
This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances. digital.library.unt.edu/ark:/67531/metacrs3919/
Detention of U.S. Citizens
In 1971, Congress passed legislation to repeal the Emergency Detention Act of 1950 and to enact the following language: “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress.” The new language, codified at 18 U.S.C. §4001(a), is called the Non-Detention Act. This statutory provision received attention after the 9/11 terrorist attacks when the Administration designated certain U.S. citizens as “enemy combatants” and claimed the right to detain them indefinitely without charging them, bringing them to trial, or giving them access to counsel. In litigation over Yaser Esam Hamdi and Jose Padilla, both designated enemy combatants, the Administration has argued that the Non-Detention Act restricts only imprisonments and detentions by the Attorney General, not by the President or military authorities. digital.library.unt.edu/ark:/67531/metacrs6144/
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. digital.library.unt.edu/ark:/67531/metacrs9396/
The Endangered Species Act and Claims of Property Rights "Takings"
This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve lake levels or instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of listed species. digital.library.unt.edu/ark:/67531/metacrs8223/
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