Congressional Research Service Reports - 325 Matching Results

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Overview and Analysis of Senate Amendment Concerning Interrogation of Detainees

Description: On October 5, 2005, the Senate adopted a floor amendment (S.Amdt. 1977), proposed by Senator John McCain with 11 co-sponsors, that would (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.” The amendment modified the Defense Department FY2006 Appropriations bill (H.R. 2863), which had passed the House on June 20, 2005, without a comparable provision. The defense appropriations bill is currently before a conference committee.1
Date: November 2, 2005
Creator: Wood, Lee
Partner: UNT Libraries Government Documents Department

The Property Rights Issue

Description: The property rights issue arises because societal goals are sometimes pursued through government restrictions on the use of private property. At bottom, it is the age-old conflict between public goals and private rights.
Date: January 20, 1995
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department

Travel Restrictions: U.S. Government Limits on American Citizens' Travel Abroad

Description: The U.S. government currently maintains limitations or restrictions on travel to four countries: Cuba, Libya, Iraq, and North Korea. This paper briefly outlines the nature of such restrictions, who administers them and why, and compares the restrictions among the four targeted countries.
Date: January 28, 2003
Creator: Epstein, Susan B. & Rennack, Dianne E.
Partner: UNT Libraries Government Documents Department

Congress and U.S. Policy on North Korean Human Rights and Refugees: Recent Legislation and Implementation

Description: This report discusses U.S. policy and legislation in response to Pyongyang's human rights record. North Korea's systematic violation of its citizens' human rights and the plight of North Koreans trying to escape their country have been well documented in multiple reports issued by governments and other international bodies.
Date: January 30, 2009
Creator: Chanlett-Avery, Emma
Partner: UNT Libraries Government Documents Department

Law Enforcement Use of Global Positioning (GPS) Devices to Monitor Motor Vehicles: Fourth Amendment Considerations

Description: This report discusses the basics of Global Positioning System (GPS) technology, society's reliance on it, and some of the related legal and privacy implications. In addition, the report examines legislative and judicial responses on both federal and state levels.
Date: February 28, 2011
Creator: Smith, Alison M.
Partner: UNT Libraries Government Documents Department

Congressional Authority to Regulate Firearms: A Legal Overview

Description: Courts have been confronted with the question of whether federal laws can be applied to intrastate possession and intrastate transfers of firearms, or whether such application exceeds the authority of Congress. This report explores these cases and how courts have analyzed these as-applied challenges under the Supreme Court's Commerce Clause jurisprudence primarily set forth in United States v. Lopez.
Date: April 5, 2013
Creator: Chu, Vivian S.
Partner: UNT Libraries Government Documents Department

Privacy Law and Online Advertising

Description: This report will examine the application of the Electronic Communications Privacy Act and the Communications Act to online behavioral advertising in more detail. It is likely that in many cases these laws could be held to apply to such activities and that these methods of data collection would be forbidden unless consent is obtained from one of the parties to the communication.
Date: January 20, 2010
Creator: Ruane, Kathleen Ann
Partner: UNT Libraries Government Documents Department

The Fifth Amendment in Congressional Investigations

Description: This report discusses the use and rules regarding invoking Fifth Amendments rights during Congressional investigations in the wake of the use of the Fifth Amendment by former national security adviser Michael Flynn during Congressional investigations.
Date: May 26, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Privacy and Civil Liberties Oversight Board: New Independent Agency Status

Description: This report examines initial responses to the 9/11 Commission's call for a board to oversee adherence to presidential guidelines on information sharing that safeguard the privacy of individuals about whom information is shared, and the implementation of this board.
Date: July 21, 2008
Creator: Relyea, Harold C.
Partner: UNT Libraries Government Documents Department

Legal Analysis of Religious Exemptions for Photo Identification Requirements

Description: This report analyzes the legal issues associated with religious exemptions to photo identification laws. Although no lawsuits appear to have challenged federal laws with photo requirements, state photo identification laws have been challenged for several decades.
Date: April 13, 2009
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Privacy and Civil Liberties Oversight Board: New Independent Agency Status

Description: Recommended by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission), the Privacy and Civil Liberties Oversight Board (PCLOB) was initially established as an agency within the Executive Office of the President (EOP) in 2004. Critics, however, maintained that the board appeared to be a presidential appendage, devoid of the capability to exercise independent judgment and assessment or to provide impartial findings and recommendations. This viewpoint gained acceptance in the 110th Congress when the PCLOB was reconstituted as an independent agency within the executive branch by the Implementing Recommendations of the 9/11 Commission Act (IR9/11CA), signed into law on August 6, 2007. On January 5, 2011, President Obama nominated two people to serve on the board, but the Senate has not confirmed either. This report will be updated as events warrant.
Date: November 14, 2011
Creator: Hatch, Garrett
Partner: UNT Libraries Government Documents Department

Freedom of Information Act (FOIA): Background and Policy Options for the 112th Congress

Description: The Freedom of Information Act (FOIA; 5 U.S.C. §552) enables any person to access—without explanation or justification—certain existing, identifiable, unpublished, executive branch agency records. Pursuant to FOIA, the public has presumptive access to requested agency records unless the material falls within any of FOIA's nine categories of exemption from disclosure. This report discusses FOIA's history, examines its implementation, and provides potential policy approaches for Congress.
Date: July 26, 2011
Creator: Ginsberg, Wendy
Partner: UNT Libraries Government Documents Department

Citizen Control Over Records Held by Third Parties

Description: The United States has become an information society. Government at every level and private industry have been collecting and using more personal information about individuals in the last several years than ever before. The Congress has been aware of this trend, and of the potencia1 for misuse of the information so collected; it has enacted several laws that protect the personal privacy of individuals, and respect the confidentiality of the information maintained about individuals by third parties. In this report, several privacy laws are summarized, and key provisions of each are compared, in order to make individual citizens aware of their rights , responsibilities and remedies under the law.
Date: December 8, 1978
Creator: Collins, Sarah P
Partner: UNT Libraries Government Documents Department

Federal Habeas Corpus: An Abridged Sketch

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.
Date: April 28, 2006
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Federal Habeas Corpus: A Brief Legal Overview

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.
Date: April 26, 2006
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Interrogation of Detainees: Overview of the McCain Amendment

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.
Date: September 20, 2006
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Interrogation of Detainees: Overview of the McCain Amendment

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.
Date: September 25, 2006
Creator: Garcia, Michael John
Partner: UNT Libraries Government Documents Department