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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: January 24, 2006
Creator: Garcia, Michael John
Description: This report discusses the recent controversy that 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). Congress recently approved additional guidelines concerning the treatment of detainees. 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) contain identical 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, added to the defense appropriations and authorization bills via amendments 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
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 U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens

The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens

Date: April 4, 2006
Creator: Garcia, Michael John
Description: None
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
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
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: 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
Data Security: Federal Legislative Approaches

Data Security: Federal Legislative Approaches

Date: February 9, 2006
Creator: Stevens, Gina Marie
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Data Security: Federal and State Laws

Data Security: Federal and State Laws

Date: February 3, 2006
Creator: Stevens, Gina Marie
Description: 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.
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
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