Congressional Research Service Reports - 21 Matching Results
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- The Ebola Outbreak: Quarantine and Isolation Authority
- This legal sidebar discusses recent quarantine policies announced by several states, including New York and New Jersey, for travelers arriving from areas affected by the outbreak of Ebola Virus Disease, which have raised legal and constitutional questions about federal and state authority to order quarantine and isolation measures.
- The War Crimes Act: Current Issues
- This report discusses current issues related to the War Crimes Act of 1996 and Common Article 3 of the 1949 Geneva Conventions, which sets out minimum standards for the treatment of detainees in armed conflicts "not of an international character (e.g., civil wars, rebellions, and other conflicts between State and non-State actors).
- Public Employees' Right to Privacy in Their Electronic Communications: City of Ontario v. Quon in the Supreme Court
- This report discusses public employees' right to privacy in their electronic communications, the supreme court case City of Ontario v. Quon.
- 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.
- Law Enforcement Use of Global Positioning (GPS) Devices to Monitor Motor Vehicles: Fourth Amendment Considerations
- 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.
- Closing the Guantanamo Detention Center: Legal Issues
- This report provides an overview of major legal issues that are likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought to the United States. It considers selected constitutional issues that may arise in the criminal prosecution of detainees. Issues discussed include detainees’ right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence in criminal cases.
- The Obama Administration's Open Government Initiative: Issues for Congress
- This report reviews the objectives delineated in President Obama's Open Government Initiative (OGI) and examines the expectations placed on agencies to meet these objectives. This report reviews department and agency attempts to implement Obama Administration initiatives that seek to make the federal government more transparent, participatory, and collaborative. The report then analyzes options for congressional action in this area.
- 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.
- 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.
- Federal Habeas Corpus: An Abridged Sketch
- 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.
- Travel Restrictions: U.S. Government Limits on American Citizens' Travel Abroad
- 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.
- Hurricane Katrina: HIPAA Privacy and Electronic Health Records of Evacuees
- On September 4th, 2005 Health and Human Services (HHS) Secretary Leavitt declared a federal public health emergency for Louisiana, Alabama, Mississippi, Florida and Texas, and waived certain requirements under Medicare, Medicaid, the State Children's Health Insurance Program, and the Health Insurance Portability and Accountability Act to allow health care providers in affected areas to care for patients without violating certain provisions of those laws. The Secretary waived sanctions and penalties arising from noncompliance with certain provisions of the HIPAA privacy regulations.
- Treatment of "Battlefield Detainees" in the War on Terrorism
- No Description Available.
- Freedom of Information Act (FOIA) Amendments: 109th Congress
- This report addresses Freedom of Information Act (FOIA) Amendments of 109th Congress.
- Internet Privacy: Overview and Pending Legislation
- No Description Available.
- 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).
- Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
- No Description Available.
- 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.
- Privacy Protection for Customer Financial Information
- No Description Available.
- Online Privacy Protection: Issues and Developments
- It is routinely acknowledged that the success of the Internet and electronic commerce depends upon the resolution of issues related to the privacy of online personal information. This paper discusses some potential threats to the privacy of online personal information, and efforts by businesses, governments, and citizens to respond to them. The paper also provides an overview of the legal framework for the protection of personal information. Individuals and businesses increasingly rely upon computers to transact business and to access the Internet. Online users may voluntarily disclose personal information, such information is often collected by Web sites for commercial purposes. The proliferation of online personal information has focused the attention of citizens, businesses, and governments on the issue.
- The Religious Freedom Amendment: H.J. Res. 78, As Reported by the House Judiciary Committee
- This report details the legislative, political, and legal contexts of H.J.Res 78 (Religious Freedom Amendment) and analyzes its legal effect.