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 Collection: Congressional Research Service Reports
Hurricane Katrina: HIPAA Privacy and Electronic Health Records of Evacuees

Hurricane Katrina: HIPAA Privacy and Electronic Health Records of Evacuees

Date: October 28, 2005
Creator: Stevens, Gina Marie
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Internet Privacy: Overview and Pending Legislation

Internet Privacy: Overview and Pending Legislation

Date: October 19, 2005
Creator: Smith, Marcia S
Description: None
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act and Claims of Property Rights "Takings"

The Endangered Species Act and Claims of Property Rights "Takings"

Date: October 14, 2005
Creator: Meltz, Robert
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Arrest and Detention of Material Witnesses and the USA PATRIOT Act and Terrorism Reauthorization Act (H.R. 3199): A Sketch

Arrest and Detention of Material Witnesses and the USA PATRIOT Act and Terrorism Reauthorization Act (H.R. 3199): A Sketch

Date: September 13, 2005
Creator: Doyle, Charles
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
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)

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)

Date: September 8, 2005
Creator: Doyle, Charles
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Property Rights "Takings": Justice O'Connor's Opinions

Property Rights "Takings": Justice O'Connor's Opinions

Date: August 19, 2005
Creator: Meltz, Robert
Description: None
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: July 28, 2005
Creator: Elsea, Jennifer K
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Detainees at Guantànamo Bay

Detainees at Guantànamo Bay

Date: July 20, 2005
Creator: Elsea, Jennifer K
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Privacy and Civil Liberties Oversight Board: 109th Congress Proposed Refinements

Privacy and Civil Liberties Oversight Board: 109th Congress Proposed Refinements

Date: July 1, 2005
Creator: Relyea, Harold C
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: June 28, 2005
Creator: Relyea, Harold C
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Detainees at Guantànamo Bay

Detainees at Guantànamo Bay

Date: June 22, 2005
Creator: Elsea, Jennifer K
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Privacy and Civil Liberties Oversight Board: 109th Congress Proposed Refinements

Privacy and Civil Liberties Oversight Board: 109th Congress Proposed Refinements

Date: June 14, 2005
Creator: Relyea, Harold C
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: May 24, 2005
Creator: Cohen, Henry
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: May 16, 2005
Creator: Relyea, Harold C
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Internet Privacy: Overview and Pending Legislation

Internet Privacy: Overview and Pending Legislation

Date: May 16, 2005
Creator: Smith, Marcia S
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Privacy and Civil Liberties Oversight Board: 109th Congress Proposed Refinements

Privacy and Civil Liberties Oversight Board: 109th Congress Proposed Refinements

Date: May 16, 2005
Creator: Relyea, Harold C
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Citizens

Detention of U.S. Citizens

Date: April 28, 2005
Creator: Fisher, Louis
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: March 31, 2005
Creator: Elsea, Jennifer K
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Privacy and Civil Liberties Oversight Board: 109th Congress Proposed Refinements

Privacy and Civil Liberties Oversight Board: 109th Congress Proposed Refinements

Date: March 11, 2005
Creator: Relyea, Harold C
Description: None
Contributing Partner: UNT Libraries Government Documents Department
The Endangered Species Act and Claims of Property Rights "Takings"

The Endangered Species Act and Claims of Property Rights "Takings"

Date: March 9, 2005
Creator: Meltz, Robert
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Information Act Amendments: 109th Congress

Freedom of Information Act Amendments: 109th Congress

Date: February 25, 2005
Creator: Relyea, Harold C
Description: This report discusses the Freedom of Information Act (FOIA), which 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.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: February 24, 2005
Creator: Elsea, Jennifer K
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Medical Records Privacy: Questions and Answers on the HIPAA Rule

Medical Records Privacy: Questions and Answers on the HIPAA Rule

Date: February 4, 2005
Creator: Redhead, C. S.
Description: This report discuses the HIPAA privacy rule, which gives patients the right of access to their medical information and prohibits health plans and health care providers from using or disclosing individually identifiable health information without a patient’s written authorization except as expressly permitted or required by the rule.
Contributing Partner: UNT Libraries Government Documents Department
Internet Privacy: Overview and Pending Legislation

Internet Privacy: Overview and Pending Legislation

Date: January 27, 2005
Creator: Smith, Marcia S
Description: None
Contributing Partner: UNT Libraries Government Documents Department