MAC'14 Background Paper by MACani Magazine

The 13th Model of American Congress

Congressional Research Service Report

The 13th Model of American Congress

Congressional Research Service Report "One handâ&#x20AC;ŚGreat stand"

The 13th Model of American Congress

Congressional Research Service Report

The 13th Model of American Congress

Congressional Research Service Report

Table of Contents

Preamble………………………………………………………………………………………………………………………………4 Rules of Procedures………………………………………………………………………………………………………………6 Committee on Foreign Relations …………………………………………………………………………………………15 First Topic: Yemen ………………………………………………………………………………………………………………18 Second Topic: North Korea …………………………………………………………………………………………………38 Committee on Finance ………………………………………………………………………………………………………..63 First Topic: Trans-Pacific Partnership……………………………………………………………………………………65 Second Topic: Corporate Income Tax …………………………………………………………………………………..86 Committee on the Judiciary ……………………………………………………………………………………………….105 First Topic: Right of Self Ownership…………………………………………………………………………………….109 Second Topic: Gun Control …………………………………………………………………………………………………122 Third Topic: Felon Voting Rights …………………………………………………………………………………………143 Committee on Homeland Security and Governmental Affairs ………………………………………………154 First Topic: Defining Homeland Security ………………………………………………………………………………156 Second Topic: Domestic Surveillance ……………………………………………………………………………………181

Committee on Near Eastern and South and Central Asian Affairs …………………………………………199

The 13th Model of American Congress

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Preamble As Model American Congress is about to conclude its 13 th year; it is important that we look back; not only on what MAC is supposed to be but also on what it means for the people who have had the pleasure of being part of it through its ups and downs. Simply put, Model American Congress is a student model based in Cairo University which simulates one of the chambers of the American Congress, the Senate. This being said, it is necessary to say that an organization’s success is not measured according to its intended results, but rather according to its actual results and the matter of fact is MAC gives people much more than they expect, it gives them a new family, newfound attitudes towards their own life; and it also gives them tests and challenges. It is quite safe to say that ‘challenging’ was the defining characteristic of MAC this year; firstly because of the setbacks and difficulties caused by the country’s situation for which the entire team of MAC had to make adjustments with regards to the recruitment, sessions and even the conference itself. Second of all, and most importantly, it was challenging because of the changes that MAC itself has underwent and which made this year an extremely important transitional time for the model. As of this year, the model has reinvented itself into a more concrete and united entity; with all its members working more closely with each other and sacrificing personal time and money for the sake of the success of the model; hence the slogan “One Hand…Great Stand”. This year and more than ever before, members of the model were more engaged in each other's work, with secretariats partaking as members in the Organizing Committee and Heads and members joining the Academic Committee as delegates. It is an undisputed truth that nothing is flawless and that things are never perfect, but we must still give credit where credit is due and applaud those who had a different vision for the model and worked as hard as they possibly can to make it a reality. It is important that we note two main achievements that have taken place; first is the hard work executed by the Committee on Political and Social Responsibility and the campaigns and causes which they devotedly worked on; this year has truly witnessed a more organized and faithful vision with regards to campaigns and social engagement. The second achievement is that of MAC Juniors, a program aimed at school students, which for the first year was executed; and which represented the chance to meet and get to know a wonderful and admirable group of students. This work before you is the fruit of the efforts of countless people. It is dedicated to the secretariats who worked on it and spent endless days and nights preparing it; for them we say your work will always be appreciated. It is dedicated to the Organizing Committee who has tirelessly worked on the model’s image and its betterment throughout the year. It is dedicated to the delegates, the main beneficiaries of this work; to them we say that you’re the reason this piece of work was prepared with such devotion. Finally, we dedicate this to everyone who has stuck by this model even though they are no longer part of it; the value of your presence and help for us was truly indescribable. MAC’14 High-board

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President Mostafa Hussein President Pro-Tempore Abdel Fattah Nada

Head of Organizing Committee Kareem Ahmed Helmy

Deputy Head of Academic Committee Eman AboulSaad

Deputy Head of Organizing Committee Ahmed Salah Mansour

Special thanks go to the Head of the Committee on Coordination Nahla Hossam for her extraordinary efforts during the year and especially during the process of printing this work.

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Model American Congress Rules of Procedures

Section I: Parliamentary Authority

- These Rules shall be the official rules of The Model of American Congress - No one may amend these by-laws except for the members of the committee

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Section II: Senate Members and Officers

First, the duties of the chairman/lady of each committee shall be:

- To declare the opening and closing of each committee meeting, - To recognize all the speakers, - To decide all points of order, - To put questions to a vote and announce the results, - To preserve order, decorum and to clear the floor of any disorderly persons. Second, the duties of the Vice-Chair shall be:

- To chair the committee during the chairman/ladyâ&#x20AC;&#x2122;s absence or when the latter yields the floor to him,

- To conduct the roll call at the beginning of each session, - To assist in the counting of the votes, - To make sure that there is a quorum present at all times during which business is being transacted. Third, the duties of the Ranking Member shall be:

- To advise the Chairman/lady on the decision of any parliamentary questions, - To direct the academic flow of the debate, - To act as source of all academic materials that needed by the senators during the congressional meetings,

- To make sure that the committee bills are issued according to all technical and legal specifications,

- To read all bills.

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Fourth, the duties of the Party Consultant shall be:

- To arrange each and every party factions and wings, - To work on the formulation of the party statement, - To assist the Ranking Member in providing the Academic materials, - To act as source of information with regard to party stances, - To read all amendments.

Fifth, the duties of the Senators shall be:

- To Work on the discussed committee topics, as well as issuing a bill on the discussed topics to be taken to the senate floor,

- To debate and negotiate according to their stances, - To give speeches on the floor day to convince other senators with their stances, - To assist the Chairman/lady in maintaining order and decorum. Sixth, the duties of the Lobbyists shall be:

- To provide the senators with the academic materials and any technical or legal support, - To work on the discussed committee topics, - To lobby for or against the committee bills in the other committees and in the floor, - To assist the Chairman/lady in maintaining order and decorum.

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Section III: Standing Committees

- There shall be one chairman/lady and 20 senators for each committee - The committee on Rules and Administration shall consist of the Model of American Congress President, President Pro-Tempore, Deputy Head of the Academic Committee and the Chairmen/ladies of the five committees.

Section IV: Agenda and Order of Business

- The agenda of the Senate floor and each of the standing committees shall be drawn up in advance of their respective sessions.

- The Vice Chairman shall see that each member of the committee has received a copy of the agenda.

- Bills passed in the committee shall be forwarded to the Committee on Rules and Administration, where they will be placed on the agenda of the Senate floor.

- In any committee, the main sponsor of the bill may make any changes in the bill by arranging with the Ranking Member before the markup session.

Section V: Rules of Order The following are various motions, which shall be used in the Senate. POINT OF PERSONAL PRIVILEGE

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A delegate may raise a point of personal privilege whenever there’s a request concerning his personal rights or the rights of the entire assembly. For example, it can be used to ask that a senator raises his voice, to open the window…etc. Note: A point of personal privilege can only be raised when another delegates has the floor.

POINT OF ORDER A point of order is used to raise other motions (including the suspension of rules, recess/adjournment and acclamation). Other purposes where a point of order is used are: caucuses, mark up sessions and congressional hearings. They require a 2/3 majority vote to pass.

ACCLAMATION An acclamation preserves the bill before introducing any amendments so that in the case that the amended bill fails to pass, the original bill automatically proceeds to the floor. It requires a simple majority vote to pass. SUSPENSION OF RULES This motion suspends the rules of the assembly for a specific purpose and for a specific period. Normally, this is designed to allow the lobbyists to partake in the debate. It requires a simple majority vote to pass. “I’d like to raise a motion to suspend the rules for…” RECESS/ADJOURNMENT A senator may call for a recess/adjournment of any meeting. A recess is meant for a specific period during the day (ex: coffee break) while an adjournment is done at the end of each day and at the end of the floor. It requires a simple majority vote to pass. “I’d like to raise a motion to adjourn this meeting until tomorrow” “I’d like to raise a motion to move to a recess for one hour” RESERVE A POINT OF ORDER This motion is used while amendments are being introduced to the bill. After an amendment is read, the delegate who presented this amendment has the right to “reserve a point of order” and clarify the amendment for 1 minute.

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Section VI: Voting

- Voting on any motion consists of yelling out ayes and nays on behalf of the senators, if the result is unclear then voting is done by show of hands. If this proves to be uncertain as well;

then a roll call is taken. Both the simple majority vote and the 2/3 vote shall consist of the number of senators

present. Once voting has begun, all motions are out of order. Abstentions are to be allowed only in the voting on the bill and amendments. It’s not permitted in voting on any motion.

Section VII: Debate Flow

The Congressional Committee meetings: Chairman/lady: The Committee will come to order. We are meeting today to consider our congressional agenda the "….”, the "….", and the "…." Chairman/lady: <Opening statement> I will now yield the floor to the honorable Ranking Member to give his/her opening statements and read the congressional agenda. Ranking member: Thanks honorable Chair, <opening statement> and then reading the congressional agenda Thanks honorable chair. Chairman/lady: Thanks to the honorable Ranking Member. With a quorum (10) being present, the committee will now proceed the consideration of the declared agenda for this congressional meeting, 11

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and now the floor will be yielded to the Vice Chairman to have the roll call, senators attending should reply as present. The Vice Chair: Thanks honorable chair, <Conducts roll call>, thanks honorable Chair. Chairman/lady: The honorable senator…..of….. is recognized for two minutes. Chairman/lady: Other members may submit opening statements comments for the record (The opening statements start by the leader of Democrats and his team then the leader of Republicans and his team) Chairman/lady: Honorable senators wishing to speak should raise their placards high and keep them high. Chairman/lady: The honorable senator…of….. is recognized for two minutes. Senator: Thanks honorable chair,<speech for two minutes> thanks honorable chair. Senator: Point of order chairman/lady: Honorable….of……what's your point? Senator: I'd like to raise a motion to move to a hearing session for…minutes. Chairman/lady: Honorable senator that’s in order, there’s a motion on the floor to move to a hearing session for…Those in favor say "aye" <pause> those against say "nay" <pause> (If only nays or ayes are heard then the voting had a consensus result whether yes or no. But the case that both nays and ayes are heard then a raising hands motion takes place) Chairman/lady: With…ayes and…nays, this motion clearly passes/fails.

The Mark up Session: Chairman/lady: The Committee will come to order. We are meeting today to consider S.111 the"…..bill title…..", a bill to….. Ranking member: Clarifying statement. Chairman/lady: With a quorum (10) being present, the committee will now proceed to the consideration of S111 the "…..bill title….” I'll now yield the floor to the ranking member to read the bill. Ranking member: <Reads the bill>. Thanks honorable chair. Senator: Point of order. 12

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Chairman: Honorable….of……what's your point? Senator: I’d like to raise a motion to move to an acclamation procedure on this bill. Chairman/lady: Honorable senator that’s in order, there is a motion on the floor to move to an acclamation procedure on this bill. Those in favor say "aye" <pause> those opposed say "nay" <pause> Chairman/lady: With…ayes and…nays, this motion clearly passes/fails. Chairman/lady: Now the floor will be opened for 10 minutes for having amendments, the party consultant will record the amendments. Chairman/lady: The time for recording S111 amendments has elapsed, now the floor will be yield to the honorable party consultant to read the first amendment. Party consultant: Thank you honorable chair. < Reads the amendment> Thank you honorable chair. After finishing reading the amendment if the member raised "reserve a point of order" at this time then he\she would be recognized for 1 minute. Chairman/lady: Honorable Senator you’re recognized for 1minute in the support of the amendment. Senator: <Explains the amendment> Chairman/lady: Honorable Senator your time has expired, since there is no further discussion, the question is on agreeing to the amendment offered by the honorable Senator. Those in favor say "aye"<pause>, those opposed say "nay" <pause> Chairman/lady: With…ayes and…nays, this amendment clearly passes/fails/ And so on the amendments are discussed and voted on. Chairman/lady: Hearing no further amendments, the question now occurs on the adoption of the amended bill. All those in favor say "aye"<pause> all those opposed say "nay"<pause> All those in favor say "aye" <pause> all those opposed say "nay" <pause> in the opinion of the chair, the Ayes have it and the motion is agreed to. Chairman: With…ayes and…nays, this bill clearly passes/fails. Senator: Point of Order. Chairman/lady: Honorable….of……what's your point? Senator: “I move that we recess until…. ”or “I move that we adjourn” Chairman/lady: Honorable senator that’s in order, there is a motion on the floor to adjourn/recess for…..Those in favor say "aye" <pause> those opposed say "nay" <pause>

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Chairman/lady: Withâ&#x20AC;Śayes andâ&#x20AC;Śnays, this motion clearly passes/fails.

Section VIII: The Floor

- The floor of MAC will involve the 100 senator as speakers, while the secretariats and the -

lobbyists are not recognized. However, the lobbyists conduct their task informally. Bills pass by simple majority, whereas treaties require a 2/3 vote. All the committee rules and motions are in order.

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Committee on Foreign Relations

Prepared by: Chairman Ahmed Galal ViceChairlady Fagr Muheb Ranking Member Nada Ismail Party Consultant Rana Hassan 15

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"Foreign policy is like human relations; only people know less about each other" - Joe Biden -

"Foreign policy is effectively the assertion of many individual countries intersecting on the global marketplace. And you have to figure out how to get your interest served in a way that meets the interests and needs of these other folks"

- John F. Kerry -

Special dedication goes to: Our MAC Alumni, High board, fellow Secretariats of MACâ&#x20AC;&#x2122;14, the very special delegates of CFRâ&#x20AC;&#x2122;14, the coming generations of MAC and everyone who worked tirelessly to make this year unique and exceptional as it is. CFR'14 Secretariats Team

About the Committee History The Senate Foreign Relations Committee was established in 1816 as one of the original ten standing committees of the Senate. Throughout its history, the committee has been instrumental in developing and influencing United States foreign policy, at different times supporting and opposing the policies of presidents and secretaries of state. The committee has considered, debated, and reported important treaties and legislation, ranging from the purchase of Alaska in 1867 to the establishment of the United Nations in 1945.

Jurisdiction The Committee holds jurisdiction over all diplomatic nominations. Through these powers, the committee has helped shape foreign policy of broad significance, in matters of war and peace and international relations. Members of the committee have assisted in the negotiation of treaties, and at times have helped to defeat treaties they felt were not in the national interest.

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Subcommittees: 1. Subcommittee on African affairs. 2. Subcommittee on East Asian and Specific Affairs. 3. Subcommittee on European Affairs. 4. Subcommittee on international development and foreign assistance, economic affairs and international environmental protection. 5. Subcommittee on international operations and organizations, human rights, democracy and global women's issues. 6. Subcommittee on Near Eastern and South and Central Asian affairs. 7. Subcommittee on Western hemisphere, Peace Corps and global narcotics affairs.

Chairmanship:

Chairman Senator Robert Menendez Democrat-New Jersey

Ranking Member Senator Bob Corker Republican-Tennessee

MACâ&#x20AC;&#x2122;14 Committee on Foreign relations: Committee on foreign relations is one of the permanent committees in MAC since its inception in 2001. The committee maintains a prestigious position by selecting the most heated political topics that occupy the mind of the American decision maker. This year, CFRâ&#x20AC;&#x2122;14 tackles two crucial topics; Yemen and North Korea.

CFR'14 Sculpting the policy, solving the anomaly

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First topic: Yemen: A Terrorist Safe-Haven I. Introduction on Yemen ………………………………………………………….19 II. Insight on the history of Yemen……………………………………….................20 a. The road towards unification of Yemen. b. Challenges After Unification and the 1994 Civil War c. Yemen under the Rule of President Ali Abd Allah Saleh d. Yemen and the Arab spring. e. Yemen under the rule of Abd Rabou Hadi.

III. The political System and government…………………………………………….23 IV. The people of Yemen and the social conditions…………………………………..23 a. Human Rights in Yemen i.

Human trafficking

ii.

Child Marriage

b. The Crisis of Khat

Economic status…………………………………………………………………..26

VI.

Insurgency in Yemen……………………………………………………………..26 a. AQAP i.

Historical background.

ii.

Timeline of AQAP Major Terrorist Attacks

iii.

AQAP after the revolution

b. Houthis i.

Historical Background

ii.

Iranian-Saudi proxy war?

c. Insurgency Vs Insurgency

VII.

Counterterrorism efforts………………………………………………………32 19

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a.Drones strikes i.

A double-edged Sword?

VIII. Yemen's Foreign Relations……………………………………………………….33 a. U.S-Yemeni Relations b. Yemeni Prisoners in Guantanamo Bay c. Russian-Yemeni Relations d. Saudi-Yemeni Relations e. Iranian-Yemeni Relations f. Syrian-Yemeni Relations

IX.

The future scenarios of the U.S-Yemeni Relations………………………………36

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Yemen: A Terrorist Safe-Haven

Introduction: The ongoing political transitioning Yemen has drawn the attention of several international actors specially the U.S, because of it's very important that Yemen succeeds in forming a strong government that is capable of stabilizing the country and reducing the threat of terrorism in the Arabian Peninsula on U.S homeland and interests.

It is often stated that Yemen is becoming a failed state and that as a result it is a â&#x20AC;&#x2DC;safe havenâ&#x20AC;&#x2122; for terrorist, making it important to consider the geopolitical importance of Yemen, meaning the significance of its location on its international relations. Yemenis located by the Bab-el-Mandeb waterway, which links the Red Sea to the Gulf of Aden. This area is of utmost strategic and economic importance, particularly because an estimated 3.3 million barrels of oil pass through the strait per day, out of a world total of about 43 million barrels per day moved by tankers. What would happen if Yemen doesn't succeed? How U.S policymakers can formulate solutions to these issues will be at the crux of this topic.

Figure 1: Map of Yemen- Courtesy of Google Maps

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II.

Congressional Research Service Report

Insight on the History of Yemen:

Almost 300 years before the unification, Yemen was divided into a northern and southern territory. The Turkish Ottomans ruled the northern part of Yemen from 1872 until the end of the 1st World War in l918, and then it was ruled by cleric Imams until 1962. The British occupied the southern part of Yemen since 1839 until 1967. Throughout this period there was persistent conflict over the borders between the Ottomans in the northern and the British in the south and so, border posts were installed between the South and North of Yemen. Yemen suffered from isolation during clerical Imamate rule in the North and from British colonial hegemony in the South. As a result of this isolation, poverty, ignorance, injustice and deadly diseases became widespread which triggered a revoltin 1962 that resulted in the fall of the Imamate rule in the North and the establishment of the Yemen Arab Republic (YAR), with its capital in 'Sana'a. Meanwhile, the South achieved independence from Britain in 1967 and became known as the People's Democratic Republic of Yemen (PDRY) with its capital in Aden.  a) The Road towards Unification of Yemen The constitution of the existing Republic of Yemen was signed in November 1987; this event was the start of a series of attempts aiming at unifying the country. One of the major factors that encouraged the idea of unification was oil and other natural resources, which were discovered in Southern Yemen. For the North, Ali Abdullah Saleh wanted to exploit these resources and direct the benefits flow towards the North. For the South, there was a monumental factor, which gave South Yemen the incentive to unite with the North, it was Mikhail Gorbachev’s decision (USSR President at that time), to stop the support of the PDRY government. Once the Soviet Bloc gave way to popular democratic movements, it was only a matter of time before the isolated Southern Yemeni regime would crumble. The only rational option for the YSP, and the one it chose, was to enter into unification negotiations with North Yemen while still in power. On 22nd May 1990, Yemen became united and was named the Republic of Yemen, the historic city of Sana'a was named the capital of unified Yemen and a new era in Yemen's history began. The terms of unification included the full merger of the two states and creating a political system based on multiparty democracy. Sana’a was declared the political capital and Aden was to be the economic capital. During the transition period, the two existing legislatures would meet together as a single body, and all other offices and powers would be shared equally between the two ruling parties, the northern General People’s Congress (GPC), and the southern Yemeni Socialist Party (YSP). The constitution of the new republic was adopted by the legislatures of the unified Yemen. Saleh, the "Eternal Yemen - History of Yemen." Eternal Yemen - History of Yemen.N.p., n.d. Web. 17 Apr. 2014. <http://www.eternal-yemen.com/history.htm>.

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president of the GPC, was to serve as interim president of the republic and Al- Bayd, the secretarygeneral of the YSP, was to be vice president. b) Challenges after Unification and the 1994 Civil War The early years of the Republic of Yemen were characterized by conflicts between northern and southern elites. Although a power-sharing deal was adopted to secure influence for both groups, elections in 1993 resulted in a lopsided victory for the northern (GPC), with the southern (YSP) coming in third. In 1994, Ali Salim al-Bayed declared that the GPC was ignoring southern interests, and proclaimed southern independence along with the YSP, which resulted in a bloody civil war. Ali Abdullah Saleh crushed the southern resistance and AbdRabouh Mansur Hadi was appointed as vice president. The political conflict and unrest that followed the civil war led to a revival of the power of the security forces and to the curtailment of the freedom of opposition parties, the media, and nongovernmental organizations. Human rights were being violated, but groups within Yemen increasingly protested those violations. By the late 1990s, Islah, an Islamic political party from the south, operated as the main opposition party. It is said that the 1994 civil contributed more in unifying Yemen than in tearing it apart because of the growing strength of the Islah party. c) Yemen under the Rule of President Ali Abd Allah Saleh

Figure 2: President Ali Abd Allah Saleh- Courtesy of Wikipedia

President Ali Abdullah spent most of his years in power trying to strengthen his position rather than knitting together a stable, democratic state. Under his rule, political power gradually was held by his immediate family, whose members filled key posts in various security services. Social and economic conditions were deteriorating, Corruption was spread everywhere, and the country remained the poorest in the Arab world and one of the most destitute nations on earth. President Saleh managed to stay in power for over four decades, but the country’s long-term "Yemen." Resources on Faith, Ethics & Public Life Yemen. Web. 09 Nov. 2013.

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structural resource and economic challenges worsened during his rule, until the Yemeni Youth revolution against him took place in January of 2011. d) Yemen and the Arab Spring Initially inspired by Tunisia’s Jasmine Revolution and then by the overthrow of Egyptian President Hosni Mubarak, a student protest movement attracted broad popular support in Yemen calling for Saleh to step down from power. Seeing an opportunity to displace the president and his family, Saleh’s rivals within the political and military elite joined opposition demands for the president’s resignation. However, what began as a popular revolt evolved into a confrontation between elites competing for power and turned violent in mid-2011, as street battles erupted in Sana’a and other cities between forces loyal to Saleh and his opponents. As political rivals openly fought in the capital, government forces were recalled from remote provinces to protect the regime, leaving a security vacuum in areas known to harbor Islamist militants. For Months, president Saleh was able to resist the international pressure on him and the calls for his departure. But later on the situation got more complicated with a combination of greater international pressure, as the United Nations Security Council Resolution (UNSCR) 2014 was passed, which reaffirmed UN support for a political settlement as soon as possible, this eventually made Saleh realize that his political position had become untenable. Finally, on November 23, 2011, after eleven months of protests and violence that claimed over 2,000 lives, President Ali Abdullah Saleh of Yemen signed on to a U.S.-backed, Gulf Cooperation Council (GCC)-brokered transition plan. As part of the plan and in return for his resignation, Saleh and his family were granted immunity from prosecution and the former president was able to retain his role as head of the GPC, the former ruling party. After a 90-day transition period, Yemen held a presidential “election” in February 2012 with one consensus candidate on the ballot—former Vice President Abed Rabou Mansour al Hadi who received 6.6 million votesand on February 25, 2012, was inaugurated as president.

Figure 3 President Abd Rabou Hadi Mansour- Courtesy of Google

e) Yemen under Rule of AbdRabou Hadi Throughout the two years following the election of Hadi, there was a focus on implementing the provisions of the GCC plan. Some of the challenges faced by the new government included maintaining stability, fighting terrorism, re-drafting the constitution and holding parliamentary and presidential elections by 2014. 24

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One of the first tasks for the new President was restructuring the military by removing all Salehâ&#x20AC;&#x2122;s members from it; this was widely supported by international community. In November 2012, President Hadi called for a national dialogue to bring together all the sides in Yemen to prepare for drafting the constitution and map the future of Yemen. One of the most controversial issues was that concerning the power that was to be shared between the capital Sanaâ&#x20AC;&#x2122;a and the other provinces.

Figure 4 Yemenâ&#x20AC;&#x2122;s Initial Transition Plan before the extension period- Courtesy of the CRS

III.

The Political System and Government

Since unification in 1990, Yemen has officially been a democratic republic and administratively, the country is divided into 19 governorates. It is the only country in the Arabian Peninsula with a purely republic government format and was also the first country in the Arabian Peninsula to grant women the right to vote. Yemen is governed under the constitution of 1991 and the president, who is head of state, is elected by popular vote for a seven-year term. The prime minister, who is appointed by the president, heads the government. Yemen has a bicameral legislature that consists of the Shura Council, whose 111 members are appointed by the president, and the House of Representatives, whose 301 members are popularly elected to six-year terms.

IV.The people of Yemen and the social conditions I.

Population-Yemen has a population of 24 million half of which are under the age of 15 years. Yemen has one of the highest birth rates.

II.

Language- More than nine-tenths of Yemenis speak some dialect of Arabic as their first language.

III.

Ethnic Groups- Ethnic minorities include the Mahra people, whose roots are unclear and who occupy a part of eastern Yemen, as well as the island of Socotra, and speak a variant of the ancient Himyaritic language. In the far north there are still small remnants of the oncelarge Jewish communities (most migrated to Israel after 1948), while in the area of Aden and the eastern regions there are distinct Somali, Indonesian, and Indian elements in the population. Among Arab groups, tribal affiliation is another deep-seated component of social 25

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identity. These affiliations continue to serve as a key basis for political and social organization throughout the country. IV.

Religion- The population of Yemen is almost entirely Muslim it is divided between Zaydis who belong to branch of Shi’a Islam and the Shafi’is who belong one of the several Sunni Muslim schools. The Zaydis mostly reside in the north of Yemen and Shafi’is are found mainly in the south and east. The Houthis (also known as Ansar Allah) are a tribe who adhere to the Zaidi sect of Shia Islam and believe that they have been marginalized and disenfranchised by the Yemeni government. The non-Muslim community is very small, consisting mostly of foreign visitors and workers. All are free to worship as they wishincluding the Jewish community.

a) Human Rights in Yemen i) Human Trafficking Human trafficking can be described as a criminal activity in which human beings are treated as possessions who are bought and sold and can be being forced into prostitution or involuntary labor. This issue has been extremely prevalent in Yemen and increasing immensely. According to the UNHCR (UN Refugee Agency) more than 103,000 were being trafficked in Yemen in 2011 and predicted, correctly so, that this number would increase in 2012. Indeed the recorded number for 2012 was 107,500. The increase is disconcerting especially because the UNHCR has stated that these are approximations and the real numbers are thought to be much higher. Yemen has become a key link for human traffickers smuggling victims from Africa into Saudi Arabia. Its location makes it a vital transit center for travel to the rest of the region. The most vulnerable victims of human trafficking tend to be female migrants who are using Yemen as a transit. These females are mostly Ethiopian and Somali, who flee their countries in the hopes of escaping poverty and violence at home. If these females are looking to continue their travels to find work in the Gulf they tend to be intercepted by human traffickers.  While there are no clear statistics regarding the number of children who are trafficked out of Yemen there are reports that children mostly from northern governorates were trafficked out of the country to work as street beggars, vendors, or domestic help in Saudi Arabia at a rate of approximately 200 children per week. According to Yemeni law anyone engaged in buying or selling human beings is subject to 10 years of imprisonment. However, there is an evident problem of law enforcement and border control. There is also a lack of contribution on behalf of the government with regards to providing statistical reports on the issue. According to the US State Department “The government of Yemen was unable to "Middle East Transparent – Saleh's Jihad in Yemen." Middle East Transparent – Saleh's Jihad in Yemen.N.p., n.d. Web. 20 Sept. 2013.

"Human Trafficking a Growing Concern in Yemen: Minister." GlobalPost. N.p., n.d. Web. 18 Apr. 2014. <http://www.globalpost.com/dispatch/news/regions/africa/130325/human-trafficking-growing-concern-yemen>.

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provide law enforcement data to contribute to this report, and it did not institute formal procedures to identify and protect victims of trafficking or take steps to address trafficking for commercial sexual exploitation." ii) Child Marriage Child marriage is widespread there according to UN and Yemeni government data from 2006, 52 percent of girls are married often too much older men before age 18, and 14 percent before 15. If the girls don’t want to marry, their families generally force them. Girls who marry often drop out of school and are more likely to die in childbirth, according to the White Ribbon Alliance: One in 90 women die because of childbirth in Yemen. Children who marry also face a higher risk of physical and sexual abuse than women who marry at 18 or later. While, Yemen is party to a number of international treaties and conventions that explicitly prohibit child marriage and commit governments to take measures to eliminate the practice, including the Convention on Consent to Marriage; Yemen is one of only two countries in the world that does not have a law banning child marriage Attempts at providing a law to protect Yemeni girls from child marriage have mostly failed due to parliamentarians contending that setting a minimum age would be contrary to Sharia law. In 1999, legislators cited religious grounds and removed the minimum marriage age of 15. The only protection the law now provides in Yemen is prohibiting a husband from having sexual intercourse with his bride "until she has reached puberty, even if she exceeds 15 years of age." However, there is no penalty for men who violate the prohibition on sexual intercourse with a pre-pubescent wife.. Human Rights Watch has documented cases in which men raped their wives before the girls' first menstrual period and yet marital rape is not criminalized in Yemen’s penal code. 

b) The Crisis of "Khat" Khat (Qat) is a mildly narcotic plant that has been chewed and enjoyed socially for centuries in the Horn of Africa. Khat's two active alkaloids, cathine and cathinone produce the desired narcotic effect, and are released when the fresh leaves are chewedKhat consumption also induces mild euphoria and excitement, similar to that conferred by strong coffee. "Human Trafficking Networks Flourish in Yemen." - Features. N.p., n.d. Web. 18 Apr. 2014. <http://www.aljazeera.com/indepth/features/2013/01/2013121476138266.html>.

"Dispatches: Ending Child Marriage in Yemen | Human Rights Watch." Dispatches: Ending Child Marriage in Yemen | Human Rights Watch. N.p., n.d. Web. 18 Apr. 2014. <http://www.hrw.org/news/2014/01/22/dispatches-ending-childmarriage-yemen>.

Abbad, Nawal Ba, and The Opinions Expressed in This Commentary Are Solely Those of Nawal Ba Abbad. "Opinion: Time to Stop Child Marriage in Yemen and Give Girls Back Their Childhood." CNN. Cable News Network, 17 Mar. 2014. Web. 18 Apr. 2014. <http://edition.cnn.com/2014/03/17/opinion/opinion-yemen-child-marriage/>.

"Yemen: End Child Marriage | Human Rights Watch." Yemen: End Child Marriage | Human Rights Watch. N.p., n.d. Web. 17 Apr. 2014. <http://www.hrw.org/news/2013/09/10/yemen-end-child-marriage>.

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The World Health Organization (WHO) classified it as a drug of abuse that can produce mild to moderate psychological dependence (less than tobacco or alcohol), although WHO does not consider Khat to be seriously addictive. The plant has been targeted by anti-drug organizations such as the DEA (Drug Enforcement Administration). It is a controlled substance in some countries, such as the United States, Canada and Germany. Whereas in Yemen it is legally produced, sold and consumed. Khat consumption is widespread in Yemeni society for both males and females and even Children. Preventive measures have been largely unsuccessful and the cultivation continues to proliferate. Khat has been known to have many side effects including mood changes, increased alertness, excessive talkativeness, hyperactivity, excitement, aggressiveness, anxiety, elevated blood pressure, manic behavior, insomnia, loss of energy, and lack of concentration. It is estimated that people in Yemen eat as much as 500 grams of Khat each day. Nearly 60% of the land cultivated for cash crops is devoted to Khat growing which has resulted in the reduced production of other desirable crops. Khat also absorbs a lot of water, which harms the cultivation of other crops. Approximately 27–30% of Yemen’s ground water goes into Khat irrigation.A proposed solution has been to reduce Khat growing. However, this is fraught with social and political problems because in a country where half the population earns less than $2 a day, Khat growing provides many jobs.

V.Economic Status Yemen is one of the poorest countries in the Arab world. Its economy is an underdeveloped free market economy with limited state control. The domestic economy remains heavily reliant on crude oil for income. Crude oil accounts for about 85 percent of export earnings and 75 percent of government revenue. However, in comparison to Saudi Arabia, Yemen’s oil reserves are fairly small. Some of the economy's other main exports that contribute to the economy (secondary to oil) are cotton, coffee, and dried and salted fish. Because of its limited productive capacity and industrial base, the country is heavily dependent on imported goods and on foreign debt relief and money from Yemeni’s living abroad (remittances) to sustain its frail economy. The unrest that began in early 2011 caused GDP to plunge more than 15% in 2011, and about 2% in 2012. The availability of basic services such electricity, water, and fuel, has slightly improved since the beginning of the political transition. However, progress toward achieving more sustainable economic stability has been slow and uneven. Yemen continues to face difficult long-term challenges, including declining water resources, high unemployment, and a high population growth rate. "Plant and Animal Life." Encyclopedia Britannica Online. Encyclopedia Britannica, n.d. Web. 09 Nov. 2013. 

"Yemen Threatens to Chew Itself to Death over Thirst for Narcotic Qat Plant." The Guardian. N.p., n.d. Web. 09 Nov. 2013.

"Encyclopedia of the Nations." Yemen Overview of Economy, Information about Overview of Economy in Yemen.N.p., n.d. Web. 18 Apr. 2014. <http://www.nationsencyclopedia.com/economies/Asia-and-the-Pacific/Yemen-OVERVIEWOF-ECONOMY.html#ixzz2zG39KfAW>.

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$61.63 billion Agriculture: 7.7% Industry: 30.9% Services: 61.4% 35 % 45.2 % - 10.3% of GDP

Currently, Yemen has signed more than 60 trade and investment agreements and protocols; and it is dedicated to increase its participation in the world market by reforming its laws and policies. These trade agreements include: -World Trade Organization (WTO) -The Gulf Cooperation Council (GCC) -Trade and Investment Frame work Agreement (TIFA)

VI.

Insurgency in Yemen

Since the unification of Yemen, Yemen suffered from tribal and sectarian insurgency which has contributed massively in dismantling the stability of both the state and the already fragile economy.

Houthi Fighters Chewing Khat

AQAP controlling a Yemeni Tank

Following the Yemeni uprising in 2011, many insurgent groups have grown stronger, gaining more territory and winning public sympathy; taking advantage of the mounting unpopularity of the Yemeni government and the clear absence of security.

a) Al-Qaeda in the Arabian Peninsula (AQAP)

Al-Qaeda Flag

Al-Qaeda leaders announce the formation of AQAP 29

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Al-Qaeda in the Arabian Peninsula (AQAP) is a Sunni Islamic militant group that was formed by a merge of Al-Qaeda branches in both Yemen and Saudi Arabia. i) Historical Background In the late 1980s, Ali Abdullah Saleh regime has recruited Jihadists in Northern Yemen and facilitated their travel to Afghanistan to fight against the Soviets over there. After the end of the war in Afghanistan, jihadists started returning to Yemen. Saleh used returning jihadists to fight the Soviet-backed Marxist government in Southern Yemen in an effort to accomplish his goal of unifying Yemen under his leadership.Returning Yemeni jihadists joined by Arab veterans of the Afghan war shared the goal of global jihad, and started forming several militant groups. These groups are viewed as AQAP predecessors; among these groups are Islamic Jihad in Yemen, the Army of Aden Abyanand al-Qaeda in Yemen (AQY).In 2006, 23 suspected al-Qaeda members escaped from prison in Yemen's capital, Sana'a. Most were recaptured, but former Bin Laden aide Nasser Abdul Karim al-Wuhayshi got away. He is said to have overseen the rebuilding of al-Qaeda in Yemen and announced the creation of "al-Qaeda of Jihad Organization in the Arabian Peninsula" in 2009. Though the name Al-Qaeda in the Arabian Peninsula was coined recently in 2009, AQAP and its predecessors have launched a number of severe attacks against the U.S. interests. ii) Timeline of AQAP Major Terrorist Attacks I.

II. III.

The Gold Mohur hotel attack December 29, 1992-Al-Qaeda targeted the Gold Mohur hotel in the port of Aden, where U.S. military personnel were staying en route to Somalia. Two Austrian tourists were killed. This was the first Al-Qaeda attack against U.S. forces since its inception. Failed attempt to bomb USS The Sullivans January 3, 2000- Al-Qaeda attempted to bomb the USS The Sullivans with explosions in the port of Aden, but the boat sinks due to overloading before explosives could be detonated. Bombing of USS Cole October 12, 2000- Al-Qaeda conducts a maritime suicide attack against the USS Cole in Aden, 17 U.S. Navy personnel were killed. At least 40 other crew members were injured.

Council on Foreign Relations.Al-Qaeda in the Arabian Peninsula (AQAP). 22 August 2013. 25 October 2013 <http://www.cfr.org/yemen/al-qaeda-arabian-peninsula-aqap/p9369>.

Msnbc.com and NBC News. Al-Qaida timeline: Plots and attacks - World news - Hunt for Al-Qaida | NBC News. <http://www.nbcnews.com/id/4677978/ns/world_news-hunt_for_al_qaida/t/al-qaida-timeline-plotsattacks/#.UvpYLmKSxvA>.

Federal Bureau of Investigation."Terrorism 2000/2001." <http://www.fbi.gov/statsservices/publications/terror/terror00_01.pdf>.

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IV. V. VI.

VII.

VIII.

IX.

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The French tanker The Limburg attack October 6, 2002- French tanker The Limburg was the target of Al-Qaeda maritime suicide attack with explosives, the attack left one crew member dead and sent more than 90,000 barrels of oil pouring into the Gulf of Aden. The 2008 American Embassy attack in Yemen- Al-Qaeda affiliates targeted the U.S. embassy in Sana'a using two vehicle bombs that detonated outside the compound. Killing 19 people, in what is considered one of the group’s largest attacks to date. Prince Muhammad bin Nayef assassination attempt August 27, 2009Al-Qaeda suicide bomber attempts to assassinate Saudi Assistant Minister of Interior for Security Affairs Prince Muhammad bin Nayef bin Abdulaziz at the Ramadan gathering in Jeddah. Nobody was seriously injured in the attack. The 2009 Christmas Day bomb plot- Nigerian passenger Umar Farouk Abdulmutallab attempted to blow up an American airliner heading to Detroit using a bomb which he has hidden in his clothes but the makeshift detonator failed and Umar was overpowered by passengers and crew. Al-Qaeda in the Arabian Peninsula (AQAP) claimed responsibility for the incident and said the plot was to avenge U.S. attacks on militants in Yemen. UPS Airlines Flight 6 Crash- UPS Airlines Flight 6 was a cargo flight operated by UPS Airlines flying from Dubai. After taking off from Dubai international airport, the plane experienced an in-flight fire that has resulted in the plane crashing inside a military based near Dubai, leaving two crew members killed.  AQAP later claimed responsibility for the attack. The 2010 cargo plane bomb plot - It was a plot to send explosive devices on cargo planes bound for the United States. However, the attempt was foiled as Saudi Arabia provided information to U.S. officials about the plot. AQAP claimed responsibility for in an online statement that also addressed the U.S. president:“We say to Obama, we have struck your jets three times in one year and we will continue, God willing, to strike the interests of America and its allies."In August 2013, the United States shut 25 of its embassies and consular offices across the Middle East and Africa,

BBC News. Yemen says tanker blast was terrorism. 16 October 2002. <http://news.bbc.co.uk/2/hi/middle_east/2334865.stm>.

National Counterterrorism Center. Al-Qa‘ida in the Arabian Peninsula (AQAP).<http://www.nctc.gov/site/groups/aqap.html>.

The Guardian. Saudi prince injured in suicide bomb attack. 28 August 2009.

<http://www.theguardian.com/world/2009/aug/28/saudi-prince-injured-suicide-bomb>.

BBC News. Al-Qaeda wing claims Christmas Day US flight bomb plot. 28 December 2009. <http://news.bbc.co.uk/2/hi/middle_east/8433151.stm>.

BBC News. UPS cargo plane crashes in Dubai, killing two. 3 September 2010. <http://www.bbc.co.uk/news/worldmiddle-east-11183476>.

CNN. Yemen-based al Qaeda group claims responsibility for parcel bomb plot. 6 November 2010. <http://edition.cnn.com/2010/WORLD/meast/11/05/yemen.security.concern/?hpt=T2>.

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after US intelligence uncovered what was considered the most serious threat of an AQAP attack in years. iii) AQAP after the revolution During the Yemeni revolution, the AQAP managed to carry out several attacks against the Yemeni security forces and managed to seize control over several towns in the south such as Jaar and alHusn. Following the revolution, the group continued to step up its operations against the Yemeni government, taking advantage of the state of lawlessness and instability in Yemen.In December 2013, a Yemeni court convicted several AQAP members of attempting to assassinate President Hadi by planting road-side bombs that are remotely detonated; the bombs were discovered and halted by the Yemeni forces.  Despite the growing military campaign against AQAP, the group continues to grow significantly. In 2009, US officials estimated AQAP membership at no more than 300 people . In 2012, The U.S. Department of State estimated it had grown to more than 1,000 members.The group is using other tactics to develop its influence, by establishing an English speaking magazine Inspire, broadcasting Al-Qaeda propaganda around the world, now AQAP is not only operating in Yemen but it’s also spreading ideas and recruiting westerners offshore. That is why AQAP is widely considered the most active operational franchise of Al-Qaeda.

b) Houthis

Figure 4: Houthi's logo

Figure 3: Hussein Badr EL Din Al Houthi

FOX News. Yemen's AQAP, Al-Qaeda's most active arm. 5 August 2013. 25 October 2013

<http://www.foxnews.com/world/2013/08/05/yemen-aqap-al-qaeda-most-active-arm/>.

CBS News. Al Qaeda said to seize Yemen town amid turmoil. 26 March 2011. 25 October 2013 <http://www.cbsnews.com/2100-202_162-20047565.html>.

Jeremy M. Sharp. Yemen: Background and U.S. Relations. 6 February 2014. <https://www.fas.org/sgp/crs/mideast/RL34170.pdf>.

Wittes, Benjamin. Gregory Johnsen on Yemen and AQAP. 16 November 2012. 25 October 2013 < http://www.lawfareblog.com/2012/11/gregory-johnsen-on-yemen-and-aqap />.

"Country Reports on Terrorism 2012 : Chapter 6 Foreign Terrorist Organizations." 30 May 2013. U.S. Department Of State. 25 October 2013 <http://www.state.gov/j/ct/rls/crt/2012/209989.htm>.

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Ash-Shabab al-Mu'min which translates as Believing Youth is a Zaidi Shia militant group operating in North Yemen, the group roots date back to the mid-1990s when it was established by Hussein Badr al Din al Houthi. i) Historical Background The group pursues to revive Zaydism, a Shiite sect that adopts a doctrine implying that only the descendants of the Prophet Mohammad can become legitimate Muslim rulers, whom they call an Imam. Yemen was ruled by such Imams for more than 1,000 years and their rule ended only in 1962.The Houthi movement metamorphosed from a religious school into a religious military ideology. The school built in Saada, a remote province in northern Yemen in the 1990s, was allegedly sponsored by the former president Saleh, who is also a Zaydi Shiite but not a descendant of Prophet Mohammad. Saleh's idea was to form a generation of religious fighters who could stand in the face of radical Sunnis based in Sa’adah, Saudi Arabia's territorial expansionist aspirations and sometimes "aggressions" against Yemen. At that time Yemen accused the Saudis of repeatedly encroaching on swathes of land along theyet unofficial borderline between the two countries. In 2000, President Saleh signed a border demarcation agreement with Saudi Arabia, which led to an improvement in his relations with the Saudi leadership, and Houthis were no longer needed as a bargaining card against Saudis. When Saleh sided with the U.S. during the war against terrorism in 2001, Houthis publicly spoke against Saleh's regime and organized mass anti-government and anti-American demonstrations which led to the government launching a crack down on the movement. The fierce crackdown resulted in the death of the group’s founder and its supreme leader Hussein Badr al Din al Houthi. Al Houthi's death ignited a massive uprising by his followers and supporters against the government, his followers later became known as the Houthis. Houthis receive public support from the Zaydi Shiite population in northern Yemen and are primarily active in Sa'ada and Amran provinces bordering Saudi Arabia. This popularity have helped them endure six devastating wars, during which they had faced the Yemeni forces, occasionally the Saudi forces and a range of discrimination, Human rights violations, disappearances and arbitrary arrests. In August 2008 the Yemeni government spoke of more than 1,200 political prisoners, it has also detained some individuals as hostages in order to pressure wanted family members to surrender, while arresting others for publicizing government abuses during the conflicts with Houthis, according to a Human Rights Watch report

Zimmerman, Katherine and Chris Harnisch. Profile: al Houthi Movement. 28 January 2010. 25 October 2013 <http://www.criticalthreats.org/yemen/profile-al-houthi-movement>.

Figure 6 Yemeni Uprising

33Figure 5 Hussein Al Houth Funeral, June 2013

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During the Yemeni uprising in 2011, Houthis announced their support for the revolution which gained the group a favorable status among the forces of change and helped them seize authority over lots of territories. Following the revolution, the Yemeni government turned over the remains of Hussein al-Houthi to his family earlier in 2013 as a goodwill gesture to bolster national reconciliation talks aimed at drafting a new constitution, the remains were buried on June 5, 2013. That’s nine years after he was killed during the fight against the Yemeni government. i) Iranian-Saudi Proxy War? Both sides of the Yemeni-Houthi conflict regularly direct their fingers to foreign powers; Houthis have repeatedly accused Saudi Arabia of supporting and siding with the Yemeni government against them. This was clearly manifested when Saudi warplanes carried out intensive air strikes against the rebels’ hideouts. On the other hand, the government has publicly accused Houthis of being backed by Iran; it was reported that the Yemeni army has intercepted an Iranian ship in the red sea thought to be carrying weapons for Houthis. Iranian officials quickly denied the accusations. Apparently the HouthiIranian relation, is based on mutual assistance; Iran supports Houthis and in return a big number of Houthis fight for Iran’s ally Bashar Al-Assad against the Syrian opposition in the on-going Syrian civil war.

c) Insurgency vs. Insurgency On another front, Houthis seem to have gained themselves enemies inside Yemen; in 2011, AQAP has announced its “Holy war” against Houthis, calling on Sunni Muslims in the North to support and join AQAP in its divine battle. Reuters. Yemenis bury remains of founder of Houthi rebel group. 5 June 2013. <http://www.reuters.com/article/2013/06/05/us-yemen-burial-houthis-idUSBRE9540WP20130605>.

BBC News. Yemen rebels 'fight Saudi forces'. 22 October 2009. 25 October 2013 <http://news.bbc.co.uk/2/hi/8321073.stm>.

BBC News. Yemenis intercept 'Iranian ship'. 27 October 2009. 25 October 2013 <http://news.bbc.co.uk/2/hi/middle_east/8327892.stm>.

SOLOMON, ARIEL BEN. Report: Yemen Houthis fighting for Assad in Syria. 31 May 2013. 25 October 2013 <http://www.jpost.com/Middle-East/Report-Yemen-Houthis-fighting-for-Assad-in-Syria-315005>.

Yemen Post Staff .Al-Qaeda Announces Holy War against Houthis. 30 January 2011. 25 October 2013 <http://yemenpost.net/Detail123456789.aspx?ID=3&SubID=3077>.

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It should be mentioned that AQAP was reported to have fought side by side with the Yemeni Army against the Houthis in 2009 In 2012, armed clashes erupted in northern governorates including Sa’ada, al-Jawf, and Amran, between supporters of the Houthis and supporters of the largely Sunni members of the Islah Party. This resulted in dozens, possibly hundreds, of deaths throughout the year. In November 2013, a new wave of violence erupted when Shiaa Houthis accused their Sunni Salafi rivals in the town of Damaj of recruiting foreign fighters in a plan to attack Houthis. The clashes left at least 100 killed before an UN-brokered accord declared a ceasefire. The ceasefire lasted no more than two hours and clashes erupted again, raising the possibility of wider civil conflict during a delicate period of transition and jeopardizing the country’s steps toward national dialogue and representative democracy.

VII. Counterterrorism Efforts The Yemeni government has been a partner of the U.S. war against terrorism; The United States has set aside approximately $247 million over FY-2011 and FY-2012 to build the counterterrorism capacity of Yemeni security forces by providing training and equipments to help improve the Yemeni military’s operational range, tactical proficiency, and response time; build an integrated aerial surveillance and ground mobility capability to monitor and interdict threats along Yemen’s coastline; and improve communications between aerial assets and ground forces. The Yemeni security forces have a long history of fighting insurgency, whether against Al Qaeda or Houthis. However, latest AQAP attacks against the Yemeni ministry of defense and other security facilities suggest that AQAP is receiving help from insiders in these security institutions. The arrest of seven government soldiers and officers were arrested for alleged connections and providing assistance to AQAP raises a lot of questions about how inherent is the group in the Yemeni government. Press TV. Saudi, al-Qaeda support Yemen crackdown on Shias. 29 August 2009. 25 October 2013 <http://edition.presstv.ir/detail/104778.html>.

Global Security. Shabab al-Moumineen (Believing Youth). 28 July 2013. 25 October 2013 < http://www.globalsecurity.org/military/world/para/shabab-al-moumineen.htm>.

Al Jazeera. Yemen's rival sects declare new ceasefire. 4 November 2013. 5 November 2013 <http://www.aljazeera.com/news/middleeast/2013/11/yemen-rival-sects-declare-new-ceasefire201311416390388571.html>.

Al Jazeera. Yemen ceasefire unravels within hours. 5 November 2013. 6 November 2013 <http://www.aljazeera.com/news/middleeast/2013/11/yemen-ceasefire-unravels-within-hours2013115125624455379.html>.

U.S. Department of State.U.S. Support for Yemen. 20 August 2013. 25 October 2013 <http://www.state.gov/r/pa/prs/ps/2013/08/212649.htm>.

Yemen Times. Seven Government Security workers Arrested for Allegedly assisting AQAP. 31 October 2013. 1 November 2013 < http://www.yementimes.com/en/1725/news/3077/Seven-government-security-workers-arrested-forallegedly-assisting-AQAP.htm>.

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a) Drones Strikes

Figure 7 Courtesy of Google

Drones are unmanned aircrafts, which can either be controlled by ‘pilots’ from the ground or following a pre-programmed mission. The United States has started performing Drone strikes In Yemen since 2002, targeting top wanted AQAP leaders, in all, the CIA and Joint Special Operations Command (JSOC) have carried out seventy-nine drone strikes in Yemen under the Obama administration (the Bush administration carried out only one, in 2002). Drones are considered to be tactically successful in targeting AQAP leaders especially in the assassination of Senior Al Qaeda leader Anwar al-Awlaki in 2011, which was followed by similar operations killing Al Qaeda leader Saeed al-Shihri and other Al Qaeda affiliates. The Yemeni government supports U.S. drones on its territory considering it a part of the cooperation between Yemen and the United States. Moreover, President Hadi has officially asked the U.S. for drones to fight al Qaeda. i) A Double-edged sword? While drones are supposedly directed against terrorism, they have resembled terrorism and death to a lot of Yemenis, as conservative estimates suggest drones casualties of 84 civilian. There are growing concerns about the necessity of killing AQAP suspects when most of them could have been captured easily and about drones’ effect on public opinion in Yemen, as it was noted that drone

Griffin, Jennifer. Two U.S.-Born Terrorists Killed in CIA-Led Drone Strike. 30 September 2011. 25 October 2013 <http://www.foxnews.com/politics/2011/09/30/us-born-terror-boss-anwar-al-awlaki-killed/>.

Reuters. Yemen asks U.S. for drones to fight al Qaeda. 22 August 2013. <http://www.reuters.com/article/2013/08/22/usyemen-usa-drones-idUSBRE97L0PZ20130822>.

Roggio, Bill and Bob Barry.Charting the data for US air strikes in Yemen, 2002 - 2013. 30 August 2013. 25 October 2013 <http://www.longwarjournal.org/multimedia/Yemen/code/Yemen-strike.php>.

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attacks have gained AQAP public sympathy in most occasions. It was also reported that drones actually encouraged more people to take arms against the U.S.  An example of drones’ double-edged property is the deadly drone attack on a convoy of 11 trucks carrying 60 men to a wedding, between 12 and 17 civilians were killed in four vehicles and many others wounded. The attack was allegedly targeting an Al Qaeda mid-level operative; ironically, the targeted individual was only injured in the attack and managed to escape.  Following the incident, the Yemeni parliament has responded to the rage of the street and voted to ban drone strikes

VIII.Yemen's Foreign Relations a) U.S-Yemeni Relations Political and diplomatic relations between Yemen and the U.S have been through peaks and valleys. The U.S established relations with North Yemen in 1946 and South Yemen in 1967. In the aftermath of the Arab-Israeli conflict The Yemen Arab Republic (YAR) severed diplomatic ties with the U.S on June 7, 1967, however these relations were restored again in 1972.  In 1969, following a Socialist coup that moved the regime farther left on the political spectrum, South Yemen broke relations with the United States as it increasingly sought to ally itself with other communist states. In 1990, the United States reestablished diplomatic relations with South Yemen. Following the unification of Yemen in 1990, Ali Abdullah Saleh was elected to lead the newly born Republic. During Saleh’s Rule, weak military-to-military ties and commercial relations strained U.S.-Yemeni relations. Moreover, the Yemeni rejection of U.S. policy in the Middle East and the lack of mutual trust on the issue of fighting terrorism increased tension between the countries.Before the 2011 uprising in Yemen the Senate Foreign Relations Committee had written a report where it expressed its concern as to whether the military aid to Yemen was being used to combat terrorists or not. The Gosztola, Kevin. Obama Administration Has Launched Drone Strikes Against AQAP Suspects Who Could’ve Been Captured. 22 October 2013. 25 October 2013 <http://dissenter.firedoglake.com/2013/10/22/obama-administrationtargets-terror-suspects-with-drone-strikes-who-couldve-been-captured/>.

Sledge, Matt.Every Yemen Drone Strike Creates 40 To 60 New Enemies, Former U.S. Official Says. 23 October 2013. 25 October 2013 <http://www.huffingtonpost.com/2013/10/23/yemen-drones_n_4152159.html>.

Brian Glyn Williams.The Slaughter of a Wedding Party in Yemen: Anatomy of a Bad Drone Strike. 25 January 2014. <http://www.huffingtonpost.com/brian-glyn-williams/the-slaughter-of-a-weddin_b_4595274.html>.

Reuters. Yemeni parliament in non-binding vote against drone attacks. 15 December 2013. <http://www.reuters.com/article/2013/12/15/us-yemen-drones-idUSBRE9BE0EN20131215>

 "U.S. Relations With Yemen." U.S. Department of State. U.S. Department of State, 28 Aug. 2013. Web. 21 Sept. 2013.  Sharp, Jeremy “Yemen: Background and U.S. Relations” FAS. http://fpc.state.gov/documents/organization/201051.pdf Web. 21 Sept. 2013

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report stated that it is “likely that U.S. counterterrorism assistance had been diverted for use in the government’s war against the Houthis in the north and that this temptation will persist.” As a result military aid was suspended from Yemen till October of 2012 when the Pentagon restarted programs that would fund military training and equipment. The U.S has been a major supplier of economic aid to Yemen. Since the beginning of Yemen’s transition in November 2011, U.S. aid to Yemen has totaled over $600 million. Over the past two fiscal years only, the United States has provided more than $221 million in humanitarian assistance to help address the needs of the most vulnerable populations in Yemen. These contributions reflect the growing importance of Yemen to the United States foreign policy. President Hadi stated that economic aid is critically important because the level of poverty increases the number of recruits for Al Qaeda.The U.S. is interested helping Yemen achieve internal stability in order to ensure that groups such as Al Qaeda do not expand and to preserve its own interests of securing U.S citizens both inside the U.S homeland and Yemen. Thus, the U.S plays a vital part in helping Yemen develop its fragile economy by creating more jobs, improving education and Health, Reforming Governance and Policy and giving opportunities for exchange of expertise. Following the GCC initiative, the U.S. backed the initiative and has provided nearly $39 million since the transition began in 2011 to support Yemen in this process to help with National Dialogue, Constitutional Reform and Referendum and Elections. i) Yemeni Prisoners in Guantanamo Bay Guantánamo Bay Detention Camp is a holding facility for people deemed "unlawful combatants." It primarily used to hold anyone suspected of terrorism usually people who are supposed to have links to al-Qaeda, the Taliban and other Islamic terrorist organizations. Yemenis make up more than half of the 164 men held at Guantanamo, and their stalled repatriation is a key obstacle to closing the prison. There have been ongoing discussions between the U.S and Yemeni governments regarding the possibility of setting up a detention facility in Yemen where Yemeni terrorism suspects can be transferred to from Guantanamo Bay. This facility will be used as another prison or as a temporary ‘house’ for prisoners to stay in and get reintegrated into society. Recently, US Secretary of Defense Chuck Hagel met with President Hadi that Washington would continue to support Yemen in its fight against terrorism by enhancing its military capability and its level of expertise through a tight collaboration involving the distribution of military equipment, training, rehabilitation and technology.

b) Russian-Yemeni Relations 

 "U.S. Support for Yemen." U.S. Department of State. U.S. Department of State, 20 Aug. 2013. Web. 21 Sept. 2013.  President Hadi speech at Woodrow Wilson Center, Washington, DC, September 28, 2012 http://www.cspanvideo.org/program/FutureofYemen

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Yemen and Russia have enjoyed long-standing friendly diplomatic relations that date back to the 1920s. Throughout the past 85 years countries have maintained strong bilateral ties, despite several regime changes. In 1962 Russia was the first country to ever recognize the YAR (Yemen Arab Republic). In 2002, Putin and Ali Abdullah Saleh signed the ‘Declaration on the Principles of Friendly Relations and Cooperation between the Russian Federation and the Republic of Yemen’ which laid out their action plan for developing their bilateral relations. It also affirmed the position of both countries on key world problems including the fight against international terrorism. Soon after, in 2010, both Russia and Yemen signed an arms deal worth approximately $1 billion. In return for allowing Russia to invest in oil and gas projects in Yemen, Yemen would receive sophisticated Russian weaponry, which included MiG-29 fighter jets, T-80 and T72 tanks and armored vehicles and modern telecommunications equipment.After the 2011 revolution in Yemen, Putin and Hadi Mansour renewed and reaffirmed their friendly relations. Russia pledged to help in Trade relations between Russia and Yemen have been expanding; in 2012 there was a 43% increase in bilateral trade. Both President Hadi and Putin have stated that there’s room for enhancing relations in particularly citing military and technical partnerships. 

c) Saudi-Yemeni Relations The relationship between Yemen and Saudi Arabia has been marked by tension stemming from a decades old border dispute. After years of peace the feud resurfaced eventually leading to a new agreement named the Jeddah border treaty whereby Saudi was once again granted control over Asir, Najran, and the Jizan provinces i.e. the pre-1934 borders which Yemen and Saudi Arabia had agreed on in an agreement named the Taif agreement.  As of late, Saudi Arabia has been deeply concerned by the Yemeni insurgents, drug traffickers and refugees who attempt to cross the Southern border into Yemen to escape war and hunger. While border control has been strict in the past, recently it has become volatile especially because of the turmoil that ensued in Yemen following the 2011 uprising. In 2004 Saudi Arabia began to build a three-meter (10-foot) fence the length of its border with Yemen, the project was temporarily suspended and only restarted in recent months. Protesting Yemeni tribesmen, who claim the fence prevents them from accessing pastures for their livestock, have often caused interruptions in project. Saudi is also concerned by Iran’s military presence and support for the Shi’ite Houthi rebels in Yemen because they are worried they would try to make a proxy presence similar to Hamas or Hezbollah on Saudi Arabia’s southern border. In 2009, Saudi Arabia’s air force conducted strikes along its border after Yemeni rebels crossed into its territory and attacked Saudi border forces.

http://yemenpost.net/Detail123456789.aspx?ID=100&SubID=290&MainCat=10 "Russia Bends Every Effort to Support Yemen – President Putin." - News. N.p., n.d. Web. 17 Apr. 2014. <http://voiceofrussia.com/2013_04_02/Russia-bends-every-effort-to-support-Yemen-President-Putin-511/>.

"Saudi Arabia - Yemen Border Dispute." Saudi Arabia - Yemen Border Dispute.N.p., n.d. Web. 17 Apr. 2014. <http://www1.american.edu/ted/ice/saudi-yemen.htm>.

 " Saudi Press Confirms Yemen Border Fence Project Back on." Al Arabiya. 12 Apr. 2013. Web. 21 Sept. 2013.

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d) Iranian-Yemeni Relations Yemen and Iran have had lukewarm relations since the Islamic Revolution in 1979. Under the rule of Ali Abdullah Salah the ties between the two states have were damaged in 2011 because of Iran’s support for the Shi’ite Houthi rebels who began the protests and armed conflict against the Yemeni government forces. Yemeni officials have repeatedly accused Iran of providing funding and weapons to the rebels and in recent years these accusations have stood strong. Iran has been developing friendly relations with militants in the South Yemen, namely a political movement named the Hirak and the Houthis residing in North Yemen.The Hirak are a separatist movement that seek to divide Yemen into the Northern and Southern states that existed before their unification in 1990. Although the Hirak is mostly made up of Sunnis it shares a common cause with Iran as it wishes to oppose the Sana’a government. Iran and its lebanese proxy Hezbollah have provided training and armament to the Houthis and Hirakis. Iran derives several benefits from its relations with militants in South Yemen the most important being: Leverage over the U.S. As Iran bolsters its influence in Yemen it threatens the U.S interests in the region. Another benefit for Iran is that the Hiraki militants operate near Bab al Mandeb, which is a territory of great geopolitical significance because it’s one of the world’s major waterways for oil shipments. In the past Iran has used its navy to prevent access to the Strait of Hormuz, in the future it can potentially perform strikes on Bab al Mandeb to ward off oil tankers.

e) Yemeni- Syrian Relations The Yemeni government has repeatedly expressed its staunch support of the FSA (Free Syrian army) and its battle against Bashar Al-Assad’s regime. However, there have been divisive stances within Yemen regarding the Syrian conflict. The Yemeni Shi’ite Houthi rebels have had a relationship with Assad that existed prior to the onset of the Syrian conflict; in the past Al Assad would allow them to pass through Syria to get to Tehran and Lebanon where they would receive combat training from Hezbollah. Therefore, unsurprisingly, the Houthis recently sent hundreds of rebels to Syria to fight alongside Assad’s regime forces. According to a Yemeni official the Houthis regard this struggle a ‘holy jihad’.  There have been two periods of time in which Syrians have fled their country to seek refuge in Yemen. The first one occurred in the 1980s when Hafez el Assad (Bashar’s father) was waging a war against Syrian members of the Muslim brotherhood. The second has been occurring recently because of the ongoing civil war in Syria. IX.The future scenarios of the U.S-Yemeni Relations Human Rights Situation  "Iran Tracker." Yemen-Iran Foreign Relations.N.p., n.d. Web. 10 Nov. 2013. <http://www.irantracker.org/foreignrelations/yemen-iran-foreign-relations>

 "Report: Yemen Houthis Fighting for Assad in Syria." Www.JPost.com. N.p., n.d. Web. 10 Nov. 2013. <http://www.jpost.com/Middle-East/Report-Yemen-Houthis-fighting-for-Assad-in-Syria-315005>.

 "Syrians Add to Yemen Refugee Crisis - Al-Monitor: The Pulse of the Middle East." Al-Monitor. N.p., n.d. Web. 10 Nov. 2013. <http://www.al-monitor.com/pulse/originals/2013/06/syria-refugees-yemen-challenges.html>

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The humanitarian crisis in Yemen is causing instability in the region. It has also resulted in increasing recruits to the AQAP and so the U.S must address how they can ameliorate the humanitarian situation in Yemen especially regarding the following issues:  

Food shortage Child marriage

AQAP and U.S security 



The Obama administration has recently been discussing the possibility of setting up a detention facility in Yemen outside their Sana’a in order to hold dozens of terrorism suspects from Guantanamo Bay and Afghanistan. This has been controversial because it has not been agreed whether this facility will be used as another prison or as a temporary ‘house’ for prisoners to stay in and get reintegrated into society.  One of the primary concerns regarding Yemen is the existence of Islamist terrorist groups within the country and the notion that as a result of a weak central government Yemen has become an ideal base for Yemeni and foreign militants to attack the U.S. They have previously attempted attacks on the U.S homeland and there is general consensus amongst officials in the U.S administration that the branch of the AQAP (Al Qaeda in the Arabian Peninsula) that is based in Yemen is one of the most dangerous in the region. Therefore the following questions need to be addressed: 1. Are the U.S. air strikes against terrorist targets in Yemen reliable? Do they cause too much collateral damage that may exacerbate the terrorism threat over the long term? 2. What alternatives methods could the U.S use to pursue terrorists targeting the United States in Yemen? Is U.S military aid, in terms of providing training and armament sufficient? 3. For how long does the U.S. plan on waging counter-terrorism operations there? What’s the timed framework and what is their definition of ‘success’ in Yemen?

David S. Cloud November. "U.S. Holds Talks about Yemen Detention Center for Guantanamo Inmates." Los Angeles Times. Los Angeles Times, 06 Nov. 2013. Web. 10 Nov. 2013. <http://www.latimes.com/world/la-fg-yemen-gitmo20131107,0,3163913.story>.

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Second Topic: The North Korean Conundrum I.Introduction on North Korea……………………………………………………40 II.Insight on the history of North Korea………………………………………….41 a.Japanese colonial Rule b.Division of the Korean peninsula c.The Korean war

III.

The Political System in North Korea………………………………………….42 a.Songun Policy b.Juche Policy

IV.The people of North Korea…………………………………………………….43 a.Ethnic and religious groups. b.Demographics of North Korea

V.Social conditions in North Korea…………………………………………….44 a.The Food Shortage Crisis

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b.Songbun

VI.Economic System and Status………………………………………………….45 a.Economic System b.Economic Status c.Domestic economic activities. d.International Trade

VII.Human rights in North Korea………………………………………………..47 a.Prison camps b.Civil liberties and freedom of expression c.Internet censorship

VIII.North Korean refugees and the stateless………………………………………50 IX.Illicit activities of North Korea……………………………………………….51 a.Super Dollars b.Human Trafficking c.Drugs production and trafficking

X.North Korean Missile program……………………………………………..53 a.Ballistic missiles

XI.North Korea's nuclear program…………………………………………….54 a.Glimpse of history b.Entering the nuclear non-proliferation treaty. c.The 1994 Crisis and agreed framework d.The collapse of the agreed framework and withdrawal from the NPT e.The Six Party talks. f.Timeline of North Korean nuclear tests.

XII.North Korea's Foreign Relations…………………………………………..57 a.U.S-North Korean relations b.Chinese-North Korean relations c.Russian-North Korean relations d.Iranian-North Korean relations e.Pakistani-North Korean relations f.Japanese-North Korean relations 43

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g.South Korean-North Korean relations

XIII.

The future scenarios of the U.S-North Korean relations…………………….61

Second Topic

The North Korean Conundrum

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I. Introduction North Korea’s diplomatic relations with the U.S have been prominently tense and marred by distrust from both sides. A lot of the negotiations that have brought North Korea and the U.S together on one table have been concerning the former’s rapidly developing nuclear program and Ballistic Missiles. These talks have occupied three U.S administrations and have persistently failed to produce an agreement. More importantly, however, U.S policymakers have been concerned by North Korea’s appalling human rights record and the illicit activities that it carries out which affect the interest of the U.S.

North Korea is located in the eastern part of Asia. It shares its borders with China along the Yalu River, Russia along the Tumen River, and South Korea along the demilitarized zone. The location of North Korea has geopolitical significance; it explains why the U.S interest lies in seeking the support of China and maintaining an alliance with South Korea.

Figure 8: Map Courtesy of Google Maps

II. Insight on the history of North Korea a) Japanese Colonial Rule of the Korean Peninsula 45

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On August 29th 1910 the Japan-Korea Treaty was signed under this annexation treaty, the Korean emperor handed sovereign power over his country to the Japanese emperor “completely and forever.” This agreement formally made Korea a colony of Japan until the outbreak of WWII in 1945. Overall, Japanese colonial rule was characterized as a suppressive and harsh rule especially in the first ten years because Japan ruled directly through the military, and any Korean dissent was ruthlessly crushed. After protests broke out against Japanese colonialism in 1919, Japanese rule relaxed somewhat, allowing a limited degree of freedom of expression for Koreans.Wartime mobilization from 1937-45 reintroduced harsh measures to Japanese colonial rule. Koreans were forced to work in Japanese factories and were sent as soldiers to the front. Moreover, tens of thousands of young Korean women were drafted as sexual slaves for Japanese soldiers. Japan also adopted policies in order to assimilate Korean people to the Japanese. In 1939, the policy of Soshi Kamei was introduced whereby Koreans were to be pressured by the colonial authorities to change their names to Japanese names. More than 80 percent of the Koreans complied with this policy.  The legacy of Japanese colonial rule in the Korean peninsula was rather mixed and distorted. There is a widespread consensus that Japan’s 35-year colonial rule resulted in the modernization of Korea. There were major improvements in infrastructure, education, agriculture and economic institutions. However, while there was a leap in industrial development it was primarily for the purposes of enriching Japan rather than benefiting Koreans themselves. For instance, rice production increased however, a significant portion of it was shipped to Japan. During the Pacific War, 40% to 60% of Korea’s total cereal crops were “plundered by Japanese imperialism.”By the time of the Japanese surrender in August 1945, Korea was the second-most industrialized nation in Asia after Japan itself. b) Division of the Korean Peninsula Following the end of WWII, Japan surrendered and the Soviet occupied the northern part of the Korean peninsula. The war resulted in the division of Korea into North Korea and South Korea. The United States was to administer the southern part, while the USSR administered the northern area. This triggered conflicts between the North and South due to ideological differences. The northern region followed the USSR and became communist, while the southern followed the U.S and formed a strong anti-communist, capitalist government. On July 1948, the capitalist government of the southern region drafted a constitution and began to hold national elections, which were subjected to terrorism. However, on August 15 the Republic of Korea (South Korea) was officially founded and Syngman Rhee was elected as president. Shortly thereafter the USSR established a Communist North Korean Government called the Democratic People's Republic of Korea (North Korea) with Kim Il-Sung as its leader.

"The Annexation of Korea." Japan Times RSS.N.p., n.d. Web. 17 Apr. 2014. <http://www.japantimes.co.jp/opinion/2010/08/29/editorials/the-annexation-of-korea/#.U077AqWgGu4>.

"20th CENTURY: Korea as a Colony of Japan, 1910-1945 | Central Themes and Key Points | Asia for Educators | Columbia University." 20th CENTURY: Korea as a Colony of Japan, 1910-1945 | Central Themes and Key Points | Asia for Educators | Columbia University. N.p., n.d. Web. 27 Feb. 2014. <http://afe.easia.columbia.edu/main_pop/kpct/kp_koreaimperialism.htm>.

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As soon as the two Koreas were formally established, Rhee and Il-Sung worked to reunify Korea but they could not reach a consensus because each leader wanted to unify the other under their own political system. North Korea was heavily supported by the USSR and China. Fighting along the border of North and South Korea occurred regularly. By 1950, these conflicts on the border of North and South Korea escalated and led to the outbreak of the Korean War.  c) The Korean War In June1950,North Korea invaded South Korea and almost immediately the United Nations Member States began to send aid to South Korea. Soviet- backed North Korea was however, able to quickly advance south by September 1950. By October though, U.N. forces were able to again move the fighting north and on the 19th North Korea's capital Pyongyang was taken. Chinese forces joined North Korean forces and the fighting was then moved back south and in the beginning of 1951, South Korea's capital (Seoul) was taken. Despite the peace negotiations in the Months that followed, heavy fighting ensued and fighting continued throughout 1951 and 1952.In July 1953, after three years of bloody fighting in which around 3million Koreans, 1 million Chinese, and 54,000 Americans were killed. The Korean War ended in a truce with Korea still divided and separated by a demilitarized zone, and has remained this way ever since. The Armistice Agreement was signed by the Korean People's Army, the Chinese People's Volunteers and the United Nations Command, which was led by the U.S. Since the end of the Korean War, tensions between North and South Korea have persisted. For instance, in 1968, North Korea unsuccessfully attempted to assassinate South Korea's president, and in 1987, North Korea was accused of bombing a South Korean airplane. Fighting has also repeatedly occurred both land and sea borders as each nation is continually attempting to unify the peninsula under its own system of government. Tensions between North and South Korea became escalated unprecedentedly in March 2010, after a South Korean warship was sunk. North Korea denied responsibility for the attack. On November 23, 2010, North Korea launched an artillery attack on the South Korean island of Yeonpyeong claiming that South Korea was conducting "war maneuvers" which South Korea denied by stating that it was conducting maritime military drills. Since the attacks South Korea began running military drills. And tensions between the two nations continued to escalate. On December 17, 2011 the North Korean president Kim Jong-il died, and his son, Kim Jong-un, took power. 

III.

The Political System in North Korea Government in North Korea is highly centralized and contingent on loyalty to Kim Il Sung and the "North Korea Profile - Timeline." BBC News. N.p., n.d. Web. 17 Apr. 2014. <http://www.bbc.com/news/world-asiapacific-15278612>.

"North Korea Profile." BBC News. N.p., n.d. Web. 27 Feb. 2014. <http://www.bbc.com/news/world-asiapacific-15278612>

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Korean Workers' Party (KWP). North Korea is a totalitarian state, in which the country seeks to subordinate the individuals to the state, by controlling not only the political and economic matters but also the beliefs, values and attitudes of the people. The government conducts tight supervision on the lives on its citizens. Today, North Korea is one of the few remaining communist regimes after the end of the Cold War, in which the state plans and controls the entire economy.Another feature of the country's political system, is glorification of Kim Il Sung's authority and cult of personality. Kim uses the party and the government to consolidate his power. He is addressed by many honorary titles: the "great leader," the son of the nation, national hero, liberator, and the fatherly leader. According to the party, there can be no greater honor or duty than being loyal to him. The State follows two main policies: a) The Songun Policy: It’s North Korean Military’s policy, which prioritizes the Korean people’s Army in affairs of the state and allocates national resources to the army first. It guides political and economic life in North Korea. b) The Juche Policy: A Political thesis formed by Kim II-sung that states that the North Korean masses are the masters of the country’s development. Kim and other theorists elaborated the Juche idea into a set of principles that North Korea uses to justify its policy decisions. 

IV.

The People of North Korea

North Korea is considered one of the most ethnically and linguistically homogeneous nations in the whole world. With a relatively small population of 24,720,407 people, when compared to its longtime rival South Korea’s 48,955,203

"North Korea's Military-First Policy: A Curse or a Blessing?" The Brookings Institution.N.p., n.d. Web. 17 Apr. 2014. <http://www.brookings.edu/research/opinions/2006/05/26northkorea-vorontsov>.

 CIA. South Korea : World Factbook. 25 October 2013 <https://www.cia.gov/library/publications/the-worldfactbook/geos/ks.html>.

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a) Ethnic and Religious Groups Ethnic Religious  Groups Groups  K 9 Traditionall orean 9.3% y Buddhist and Confucianist, some Christian and syncretic Chondogyo (Religion of the Heavenly Way) C 0 hinese .7% * Autonomous religious activities now almost nonexistent; government-sponsored religious groups exist to provide illusion of religious freedom b) Demographics of North Korea North Korea’s official language is Korean; the country has a population growth rate of 0.53%, an illiteracy rate of 0 % as all of the population aged 15 and over can read and write. +* More information about demographics is difficult to access due to the limited amount of data provided by the North Korea Government.

Social conditions in North Korea a) The Food Shortage Crisis According to Amnesty international, nearly a million people have died as a result of acute food shortages since the mid-1990s. Millions more, children suffer from chronic malnutrition which is the failure of children growing totheir full genetic potential, both mentally and physically because of lacking nutrition. The North Korean government is exacerbating people's suffering by impeding UN and humanitarian organizations' relief efforts. The refuse to recognize, or grant access to, the UN Special Rapporteur on the situation of human rights in the Democratic People's Republic of

 Religious Intelligence. Country Profile: Korea, North. 25 October 2013 <http://web.archive.org/web/20071013201130/http://www.religiousintelligence.co.uk/country/?CountryID=37>.

 CIA. North Korea : The World Factbook. 25 October 2013 <https://www.cia.gov/library/publications/the-worldfactbook/geos/kn.html>.

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Korea despite international concerns and repeated UN resolutions. b) ‘Songbun’ The government operates a Caste system known as Songbun whereby at birth each North Korean is assigned a social classification status, or a Songbun status, by the government based on the perceived political loyalty of one’s family to the regime. The classification falls under three main categories “core,” “wavering,” and “hostile”—based on their family’s perceived loyalty to the regime. This classification determines virtually every facet of a person’s life, including employment and educational opportunities, place of residence, access to medical facilities, and even access to stores.

Figure 9: Songbun - Courtesy of Liberty in North Korea

VI.

Economic System and Status a) Economic System North Korea strictly adheres to a system of state dominance over the economy where the state controls almost every aspect of the economy, dictating production levels for most of the products and directing economic activities in the country. Property rights are not guaranteed. The government owns almost all properties. The absence of a modern judicial system has halted hopes for foreign investments. Corruption is prevalent in the government and its law enforcement agencies as the Workers’ Party, the Korean People’s Army, and members of the cabinet run companies that compete to earn foreign exchange which have contributed in making North Korea the least free economy in the world.  The North Korean government often highlights its goal of attracting foreign investment as a key factor for improving the overall standard of living. "Study Details North Korean Caste System." VOA. N.p., n.d. Web. 17 Apr. 2014. <http://www.voanews.com/content/north-korea-caste-system-kim/1204309.html>.

The Heritage Foundation.North Korea Economy: Population, GDP, Inflation, Business, Trade, FDI, Corruption. 26 October 2013 <http://www.heritage.org/index/country/northkorea>.

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b) Economic Status GDP (purchasing power parity)

$40 billion (2011 est.)

GDP - per capita (PPP)

$1,800 (2011 est.)

GDP - composition, by sector of origin

-agriculture: 23.3% -industry: 42.9% -services: 33.8% (2012 est.)

Budget deficit

0.4% of GDP (2007 est.)

Revenues

$3.2 billion

Expenditures

$3.3 billion (2007 est.)

c) Domestic economic activity: Under the leadership of KIM Jong Un, the government proposed new agricultural and industrial reforms to bolster domestic production. It was also reported that the government is encouraging the “localization” of raw materials for light and construction industries in an effort to boost local industry.

Percentage of labor

Agriculture

Industries

35%

65%

force Products

Total labor Force

rice, corn, potatoes, military products; soybeans, pulses; cattle, machine building, electric pigs, pork, eggs power, chemicals; mining (coal, iron ore, limestone, magnesite, graphite, copper, zinc, lead, and precious metals), metallurgy; textiles, food processing; tourism 12.2 million

d) International Trade North Korea’s citizens are highly isolated from other countries. International trade and investment are strictly controlled by the government. Foreign participation is allowed in limited area of the economy through special economic zones where investment is approved on a case-by-case basis. North Korea’s government remains isolated and disconnected from the world’s economy, due to US and UN-imposed sanctions; the statistics for foreign trade resemble this reality, as the major trading  IFES. North Korea Promoting Localization of Raw Materials for Light Industry and Construction Sectors. 20 January 2014. <http://ifes.kyungnam.ac.kr/eng/FRM/FRM_0101V.aspx?code=FRM140120_0002>.

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partners of North Korea are its neighboring countries China and South Korea. In 2012, KIM Jong UN's first year of leadership, the government showed increased focus on the economy by reaffirming commitment to special economic zones with China, negotiating a new payment plan to settle its $11 billion debt to Russia. Exports

Imports

World Rank

114

135

Amount

$3.704 billion

$4.33 billion

Commodities

Partners

minerals, metallurgical products, manufactures (including armaments), textiles, agricultural and fishery products China 67.2%, South Korea 19.4% India 3.6%

petroleum, coking coal, machinery and equipment, textiles, grain, surveillance cameras China 61.6% South Korea 20% European Union 4%

*Most information or statistics about the economy are estimated and require cautious evaluation, due to the government refusal to give detailed information about its economy.

VII.Human Rights in North Korea A recent report issued by the United Nations has concluded that the North Korean government systematically violates the rights of its population and that its abuses bear ‘strong resemblances’ to Nazi Germany. The report collected evidence from more than 300 witnesses some of whom were escapers from the country's feared prison camps. They do not permit organized political opposition, free media, functioning civil society, or religious freedom. There is no right to free speech, and the only radio, television, and news providers that are deemed legal are those operated by the government. North Korea is currently ranked second to last on the World Press Freedom Index published by Reporters without Borders. Arbitrary arrest, detention, lack of due process, and torture and ill-treatment of detainees remain serious and pervasive issues.North Korea also practices collective punishment for various anti-state offenses, for which it enslaves hundreds of thousands of citizens in prison camps, including children. The government periodically publicly executes citizens for stealing state property, hoarding food, and other “anti-socialist” crimes and maintains policies that have continually subjected North Koreans to food shortages and famine. a) Prison Camps  Telegraph. North Korea steps up surveillance of citizens with 16,000 CCTV cameras. 25 October 2013 <ttp://www.telegraph.co.uk/news/worldnews/asia/northkorea/9801850/North-Korea-steps-up-surveillance-of-citizenswith-16000-CCTV-cameras.html>.

 CIA. North Korea : The World Factbook. 25 October 2013 <https://www.cia.gov/library/publications/the-worldfactbook/geos/kn.html>.

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The United Nations report describes a vast network of secret prison camps that exist in North Korea, known as kwanliso, where hundreds of thousands of North Koreans are believed to have died through starvation, execution or other means. It is estimated that between 80,000 and 120,000 political prisoners are being held in this prisons today and are subjected to torture and inhumane treatment unparalled in the contemporary world. Women are subjected to different kinds of sufferings including Infanticides, which are forced abortions and baby killings upon birth. One witness reported seeing a female prisoner being forced to drown her newborn baby because it was suspected of having a Chinese father. These prison camps are run by the State Security Department. Many political prisoners are subject to ‘guilt by association’ punishment meaning that family and friends can be detained merely for being affiliated to someone who has committed a ‘crime’ in the eyes of the government. Tens of thousands of people are believed to being held in Kwanliso for ‘guilt by association’. Most prisoners are arrested without any lawsuit or conviction, and are detained for the rest of their live. These camps comprise many prison labor colonies in mountain valleys, completely isolated from the outside world. People who are sent to camps include those who have criticized the leadership, officials who are perceived to have failed in the implementation of policies, those who contacted South Koreans in other countries (in most cases when they were in China), those who were believed to be part of antigovernment groups, including those who have criticized the government for its policies on the food crisis and finally those caught listening to South Korean broadcasts or watching foreign television shows. The prisoners are held in two types of prison camps: 1. Total Control Zone – those whom the authorities perceive to have committed serious crimes, including anti-regime crimes. Prisoners in this zone can never come out. They are put to work in mines or logging camps until they die. They are only taught skills necessary for mining and farming.

Walker, Peter. "North Korea Human Rights Abuses Resemble Those of the Nazis, Says UN Inquiry." The Guardian. Guardian News and Media, 18 Feb. 2014. Web. 15 Apr. 2014. <http://www.theguardian.com/world/2014/feb/17/northkorea-human-rights-abuses-united-nations>.

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2. Revolutionary Zone – those whom the authorities perceive to have committed less serious crimes including being critical of government policy or illegally crossing the border. In this zone the emphasis is on “re-educating” the prisoners, meaning they are given an ideological education. If they survive the camp long enough to complete the sentences of  those who train them, they are released.

3. Figure 10: Satellite images of Political Prison Camp in Hamgyong Province. Courtesy of UN OHCHR

As with several aspects of life in North Korea, relatively little is known about prison camps in North Korea. All the available information is based on detailed testimonies of prisoners who were able to escape the camps. The conditions of the Yodok Camp, which has been described by witnesses, are severe and harsh. Temperature in the winter at Yodok can reach an average between -20 and -30 C, keeping in mind that in most camps there are no blankets. Moreover, at Yodok there's only 1 toilet for every 200 people and no adequate access to medicine. Types of punishmentsthat occur in camps include: I.

Public Executions: Occur either by shooting or hanging and take place at the discretion of the prison officials.

II.

Immersion in water: Were a plastic bag is placed over the head and submerged in water for long periods of time

III.

‘Hung-up airplane’: Prisoners are beaten with their hands and feet tied behind them and their bodies strung up so that they hang against the ground. Arms tied and hung for half hour periods – up to five times a day.

Other types of torture include sleep deprivation, sharp bamboo pieces placed under the fingernails, "Life in North Korea's Gulags." The Lede Life in North Koreas Gulags Comments. N.p., n.d. Web. 17 Apr. 2014. <http://thelede.blogs.nytimes.com/2009/06/09/life-in-north-koreas-gulags/?_php=true&_type=blogs&_r=0>.

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handcuffing and suspension by the wrists.

Figure 11: Sketches of Torture Positions Courtesy of The Guardian

b) Civil liberties and Freedom of expression North Korea’s founder Kim Il-Sung rejected the concept of civil rights for people who oppose the regime. Criticism of the government and its leaders is strictly curtailed and making such statements can be cause for arrest and consignment to one of North Korea's prison camps. The government has several tools at its disposal to prevent North Korea people’s contact with the outside world, one of which is their monitoring and control over all media outlets. Televisions and radios are permanently fixed to state channels, and all publications are subject to strict supervision and censorship. c) Internet Censorship Internet access is permitted only to a few thousand people known as the elites, as well as academics and scientists. The rest of the population is prohibited from using the Internet and accessing foreign websites. The regime has developed it’s own homegrown operating system known as the ‘red star’ to filter and control the content which North Koreans are exposed to. The system consists mainly of message boards, chat functions and sponsored media none of which include global networking sites such as Facebook or Twitter.

International, Amnesty. "North Korea: Political Prison Camps." Amnesty.org. Amnesty International, 3 May 2012. Web. http://www.bbc.com/news/technology-20445632

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Figure 12: The Red Star, customized computer operating system- Courtesy of the BBC.

The official North Korean telecom network is administered by an Egyptian firm called Orascom, this network can't make international calls or access the Internet. However, black market provides alternative information sources, including cellular telephones. Chris Green A Daily NK columnist specialized in Information Freedom stated that “Cell phones hidden in plastic bags and buried on hillsides far outside towns and cities, only being retrieved in order to make a single call, a call that must not last more than two minutes if the source is to avoid detection by the army of mobile electromagnetic radiation detectors deployed by the Ministry of State Security.”  The black market has also supplied North Korean citizens with pirated recordings of South Korean dramas, and radios capable of receiving foreign programs. In November of 2013 the government staged public executions of 80 people for offenses as minor as watching South Korean entertainment videos.

VIII. North Korean Refugees and the ‘Stateless’ As a result of these dire conditions described above, more and more North Koreans risk their lives by attempting to flee the country and cross the northern border into China. While many North Koreans are able to cross over to China, they are still in a precarious situation becausethere is a bilateral agreement between China and North Korea compelling Chinese police to arrest and forcibly send North Korean defectors back to North Korea, where they are penalized by the authorities for escaping. Due to the danger of a prolonged stay in China, many North Korean defectors attempt to travel to safer intermediary countries such as Mongolia or Thailand before reaching their final destination in South Korea, the United States, or Europe. According to the United Nations High Commissioner for Refugees (UNHCR), the number of North Korean defectors in China ranges from 30,000 to 50,000 the majority of whom are women. Due to the shortage of women in poor, rural areas of northeastern China, most of these women are trafficked and then sold to Chinese men as wives in this area. Another major problem is that China refuses to recognize North Korean defectors as refugees, instead identifying them as economic migrants. As China does not allow UNHCR to contact North Korean defectors, it is nearly impossible to determine how many North Koreans are seeking asylum in China out of fear of persecution in North "Surfing the Internet in North Korea." BBC News. N.p., n.d. Web. 17 Apr. 2014. <http://www.bbc.com/news/technology-20445632>.

Carol J. Williams November 11. "North Korea Executes 80, Some for Minor Offenses, Newspaper Says." Los Angeles Times. Los Angeles Times, 11 Nov. 2013. Web. 17 Apr. 2014. <http://www.latimes.com/world/worldnow/la-fg-wn-northkorea-executes-80-20131111%2C0%2C2954869.story#ixzz2z9wuHUL6>.

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Korea. UNHCR defines refugees' sur place as persons who are not refugees when they leave their country but become refugees at a later date because of a valid fear of persecution upon return. Many North Korean defectors fit into that category of refugee sur place. North Korean law stipulates that leaving the country without permission is a criminal offense, and countless testimonies confirm that repatriated North Koreans will face arrest, torture and in some cases death upon their return. Several international bodies, including UNHCR and other UN governing bodies, view China’s forced repatriation of North Korean defectors as a violation of international refugee law.  According to the United Nations High Commissioner for Refugees, a stateless person is “someone who, under national laws, does not enjoy citizenship – the legal bond between a government and an individual – with any country.” In North Korea there are two types of ‘Stateless’ peoples: De facto: Stateless North Koreans children born in North Korea who escape with their parents to China and other neighboring countries. Usually they lack documentation of their citizenship and birth. Many of these children are separated from their parents and then eventually caught by local authorities and returned to North Korea. These children cannot seek asylum or protection from governments or NGO as they lack paperwork to prove their North Korean origin. De Jure: Refugees who have fled North Korea and have children in China and other nations, sometimes by marriage to local citizens. Most countries in the region do not have a birthright policy meaning that being born on a country’s soil does not automatically grant the child citizenship. Children born to refugees, even if one parent is a legal citizen, are technically stateless, no nation or state considers the child theirs.

IX. Illicit Activities of North Korea a) Super Dollars

Figure 13: Courtesy of Google

"Stateless: North Korean Refugee Issue." SinoNK. N.p., n.d. Web. 09 Nov. 2013. <http://sinonk.com/2012/01/31/nkrefugees/>

"The Situation." Campaign for North Korean Orphans RSS. N.p., n.d. Web. 17 Apr. 2014. <http://nkorphans.org/thesituation/>.

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Super dollar is the name given to an almost perfect forgery of an American banknote. In the late 1980s U.S. intelligence discovered that North Korea possesses the same kind of intaglio printing press used by the U.S. Bureau of Engraving and Printing. A leading theory is that in 1989, just before the collapse of the Berlin Wall, the machines made their way to North Korea from a clandestine facility in East Germany, where they were used to make fake passports and other secret documents. The high-tech paper is just about the same as what’s used to make authentic dollars, and the North Koreans buy their ink from the same Swiss firm that supplies the U.S. government with ink for greenbacks. A counterfeiting investigator with Europol once put it, “Super dollars are just U.S. dollars not made by the U.S. government.” This suggests that North Korea is able to produce counterfeited American banknote that only Federal Reserve banks equipped with the most complex detection gear can identify them as fake. There are various evidence and testimonies from North Korean defectors confirming that the counterfeiting was being done at government level and that North Korean diplomats used counterfeited currency around the world in what is thought to be an attempt to destabilize the American economy by flooding millions of dollars into the system. b) Human Trafficking North Korea is a source country for men, women, and children who are subjected to forced labor, forced marriage, and sex trafficking; The North Korean government is directly involved in subjecting its nationals to forced labor in prison camps in the recent past, many North Korean women and girls lured by promises of food, jobs, and freedom migrated to China illegally to escape poor social and economic conditions only to be forced into prostitution, marriage, or exploitative labor arrangements. The North Korean government sent laborers to work abroad under bilateral contracts with foreign governments, including in Russia, Africa, Asia and Europe. Credible reports showed many North Korean workers sent abroad under these contracts were subjected to forced labor, with their movement and communications constantly under surveillance and restricted by North Korean government “minders.” In February 2013, five North Korean workers at a Russian construction site died because they could not escape the carbon monoxidefilled room where they were being confined; the door was locked from outside. There were also credible reports that these workers faced threats of government reprisals against them or their relatives in North Korea if they attempted to escape or complain to outside parties. Workers’ salaries are deposited into accounts controlled by the North Korean government, which keeps most of the money, claiming fees for various “voluntary” contributions to government  endeavors. Nevertheless, there was no evidence that the North Korean government attempted to prevent human trafficking by screening migrants along the border. North Korean authorities made  TIME. How the U.S. Could Pressure North Korea Tomorrow: Quit the $100 Bill. 24 February 2012. <http://business.time.com/2012/02/24/how-the-u-s-could-pressure-north-korea-tomorrow-quit-the-100-bill/>.

 BBC News. What is a superdollar? 19 June 2004. 26 October 2013 <http://news.bbc.co.uk/2/hi/programmes/panorama/3819345.stm>.

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no discernible efforts to reduce the demand for commercial sex acts. North Korea is not a party to the 2000 UN TIP Protocol. c) Illicit Drug Production and Trafficking Since 1976, North Korea has been linked to more than 50 verifiable incidents involving drug seizures in at least 20 countries. Many of the involved, diplomatic employees of the government, were apprehended abroad while trafficking in narcotics, including two in Turkey in December 2004; police investigations in Taiwan and Japan in recent years have linked North Korea to large illicit shipments of heroin and methamphetamine, including an attempt by the North Korean merchant ship Pong Su to deliver 150 kg of heroin to Australia in April 2003. North Korea has reportedly produced three main types of illicit drugs: opiates, including opium and heroin; synthetic drugs, especially methamphetamine; and counterfeit pharmaceutical drugs. The amount of illegal drug production and trafficking is unlikely to be large enough for North Korea to be cited on the State Department’s drug “majors list.  As Recent reports indicate that the illicit drug activities of North Korea have shrunk largely since the 2000s.

North Korean Missile Program

a) Ballistic Missiles: A Ballistic missile, in the simplest terms, is a missile (weapon) that is shot through the sky over a long distance and lands on the ground creating an explosion. Ballistic missiles are categorized according to their range, the maximum distance measured along the surface of the earth's ellipsoid from the point of launch of a ballistic missile to the point of impact. Different countries use various systems to categorize the ranges of ballistic missiles. The United States divides missiles into four range classes: 1. Intercontinental Ballistic Missile ICBM 5500 km 2. Intermediate-Range Ballistic Missile IRBM3000 to 5500 km

UN TIP protocol is a United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children.

 Statement of William Bach, Office Africa, Asia, and Europe Programs, Bureau for International Narcotics and Law Enforcement, State Department, before the Subcommittee on Financial management, the Budget, and International Security, Senate Government Affairs Committee, May 20, 2003.

 CRS Report For Congress. North Korean Crime-for-Profit Activities. 25 August 2008. 26 October 2013 <http://www.fas.org/sgp/crs/row/RL33885.pdf>.

 Noland, Marcus. North Korean Illicit Activities. 11 March 2013. 26 October 2013 <http://www.piie.com/blogs/nk/? p=9650.>.

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3. Medium-Range Ballistic Missile 4. Short-Range Ballistic missile

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MRBM

1000 to 3000 km

SRBM 1000 km

North Korea’s development and international sales of ballistic missiles have been perceived by the United States and its allies in East Asia as a major security threat. Developments in North Korea since Kim Jong-un’s assumption of power show that there is a renewed focus on advancing North Korea’s missile capabilities. The country has deployed an estimated 600 short-range ballistic missiles capable of striking parts or all of South Korea, and approximately 150-200 medium-range Nodong missiles which could potentially reach Japan. North Korea has also developed several intermediate-range or intercontinental ballistic missiles; although it is not certain if any of these missiles are currently deployed or operational. These missiles include the Taepodong-1 and -2, tests of which have triggered strong international reaction, as well as the Musudan and road-mobile KN-08 missiles, which have not been flight-tested by the DPRK. North Korea first entered the field of rockets and missiles in the early 1960s with the production of multiple rocket launchers. By 1965, Kim Il Sung established the Hamhung Military Academy, where North Korean personnel began to receive training in missile development. There are a number of factors that motivated the North Korea to develop ballistic missile capabilities. First, Kim Il Sung viewed ballistic missiles as weapons to defeat the U.S. military forces in the event of a conflict. Second, the volatile alliances North Korea had with China and Russia caused Kim to question the credibility of their commitments to aid Pyongyang in the event of another war. North Korea is neither a member of the Missile Technology Control Regime (MTCR) nor the Hague Code of Conduct against Ballistic Missile Proliferation (HCOC). However, it has claimed membership in the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space in advance of their launch of the Tapaedong-2 ballistic missile in an attempt to "contribute to promoting international confidence.” The UN Security Council still condemned the launch, as they perceived it as a veiled test of North Korea's illicit ICBM efforts.

The two most crucial unanswered questions from the U.S. perspective are firstly whether North Korea has the technical capacity to miniaturize its nuclear weapons to fit on a missile warhead? And secondly, how far it is from being able to deploy an ICBM capable of striking the continental United States?

"Profile for North Korea | NTI." NTI: Nuclear Threat Initiative. N.p., n.d. Web. 17 Apr. 2014. <http://www.nti.org/country-profiles/north-korea/nuclear/>.

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Figure 14: Missile Ranges- Courtesy of the CRS

XI.

North Korea’s Nuclear Program

a) Glimpse of History In the early 1950s North Korea began training personnel and nuclear research program. With the help of the Soviet Union (USSR) North Korea constructed the Yongbyon Nuclear Research Center and installed a Soviet IRT- 2000 nuclear research reactor.  By the mid 1980s North Korea had started indigenously expanding the program by constructing a new nuclear reactor and building new uranium processing facilities. b) Entry into the Nuclear Non-Proliferation Treaty In 1985 North Korea signed and ratified the Nuclear Non-Proliferation Treaty (NPT) in exchange for the USSR’s assistance constructing 4 Light Water Reactors. They also signed the 1992 IAEA safeguards agreement, which stipulated that they must declare and identify the amount of nuclear materials and facilities they possess. The agreement also meant that North Korea has consented to providing access to IAEA inspectors to visit and verify those declarations. International concern over North Korea’s nuclear program heightened in 1993 when the IAEA was prevented access from two suspected nuclear waste sites because North Korea had declared those areas to be military sites and therefore off limits. The IAEA requested that the U.N pass a resolution to grant them the right to ad 

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hoc inspections. Consequently, that same year North Korea threatened to withdraw from the NPT. A day before the official withdrawal North Korea agreed to resume talks with Washington and suspend their decision. c) 1994 crisis and Agreed Framework As the talks dragged on North Korea continued operating their nuclear reactor in Yongbyon and began removing fuel rods from their nuclear reactors. This action meant that the IAEA would not be able to reconstruct the history of the reactor and plunged North Korea into more conflict with the IAEA and the U.S. When President Clinton requested that economic sanctions be imposed on North Korea, the response by North Korea was that this would be considered “an act of war”. At the peak of the crisis former President Carter flew out to meet Kim II Sung and resolved the situation by making a deal which later became known as the Agreed Framework. Under this agreement plutonium production program was then halted between 1994 and 2003. North Korea was also required to take steps towards implementing it’s “Joint Declaration on the Denuclearization of the Korean Peninsula" with South Korea and to remain a party to the NPT. In return for this the U.S agreed to construct two light water power reactors in North Korea and to provide them with 500,000 tons of fuel oil till the first light water power reactor starts working in 2003. d) Collapse of the Agreed Framework and withdrawal from the NPT By the year 2000 North Korea began hurling threats to the U.S because of their slow progress in building the light water power reactors. They stated that if they did not receive compensation for their lack of access to electricity they would restart their nuclear program and drop their moratorium against missile testing. Tension between the countries was increased in 2002 President George W. Bush labeled North Korea as a country in the "axis of evil" because of the danger it poses on the world with its pursuit of weapons of mass destruction. The agreement eventually fell apart when the James Kelly, the assistant secretary of state confronted North Korea with evidence of their secret Uranium enrichment program. In December, of that year North Korea began removing IAEA monitoring equipment from nuclear facilities, it expelled IAEA inspectors and in 2003 officially withdrew from the NPT. The North Korean government announced on their official news agency that they had resumed and reactivated their nuclear power facilities. e) The Six Party Talks The second attempt to make amends with North Korea occurred in 2003 when China, Japan, North Korea, Russia, South Korea, and the United States gathered to negotiate and discuss the dismantling North Korea’s nuclear program. China hosted six rounds of these Six-Party Talks from 2003-2007 however the progress was marginal and ultimately they failed to resolve the issue of North Korean nuclear arms. In February 2007, the Six-Party Talks negotiators agreed to provide North Korea with economic and diplomatic benefits return for the disablement of their nuclear facilities. This was followed up by another agreement, which detailed and outlined how the plan will be implemented. The steps included the disablement of the Yongbyon facility, North Korea’s declaration of its nuclear programs, and a U.S. promise to lift economic sanctions on North Korea and remove North Korea from the U.S. list of state sponsors of terrorism (SST). The Bush Administration began pushing for the removal of North Korea from the terrorism list. However, disagreements over the verification "The Six-Party Talks at a Glance." Arms Control Association.N.p., n.d. Web. 17 Apr. 2014. <http://www.armscontrol.org/factsheets/6partytalks>.

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protocol between Washington and Pyongyang slowed down the process. As a result of the U.S. presidential election in November 2008 the agreement was halted. Multilateral negotiations on North Korea’s nuclear program have not been held since December 2008.

Figure 15: Yongbyon Nuclear Site f) Timeline of North Korea’s Nuclear Tests October 9th 2006- North Korea detonated a nuclear bomb deep inside a mountain in P’yungge, in its uninhabited northern territory. Experts stated that the explosion was far smaller than typical nuclear tests because it had a low yield of 1 kiloton.  U.S scientists were unsure whether this was done intentionally perhaps to avoid the leakage of radioactive material beyond the testing site or whether the test had was a partial failure. There were reports that North Korea had told China it expected a yield of 4 KT, however these reports were unconfirmed. May 25th 2009 - The second test was announced in a press release on North Korean television. It was also detonated around P’yungee, this time around there was no radioactive debris detected by the U.S intelligence, however the seismic magnitude recorded was at 4.7 on the Richter scale. The press release by the North Korean government stated that the test was “on a new higher level in terms of its explosive power and technology of its control”. The U.S intelligence estimated that this second test yielded 2 KT which was an improvement since the first one in 2006 and indication of their advancement in research. February 12th 2013-The North Korea announced a “successful” underground nuclear detonation, and which was measure at 5.1 in magnitude on the Richter scale. The South Korean Ministry of Defense estimated that the test yield was between 6 and 7 kilotons. North Korea stated that the test was to be used to develop a “smaller and light” warhead. Mazzetti, Mark. "Preliminary Samples Hint at North Korean Nuclear Test." The New York Times. The New York Times, 13 Oct. 2006. Web. 17 Apr. 2014. <http://www.nytimes.com/2006/10/14/world/asia/14nuke.html?_r=0>.

 “ROK Defense Ministry Estimates DPRK’s Nuclear Device Yield of 6-7 Kilotons,” Yonhap News Agency, February 12, 2013.

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Recent developments: It has been estimated that North Korea has between 30-50 Kg of separated plutonium, which is enough for at least 6 nuclear weapons. Up until 2009 North had denied the existence of a uranium enrichment program but when they finally did they stated that its sole purpose was for the production of fuel for nuclear power. Then in 2012 it altered it’s constitution to say that North Korea is a ‘nuclear armed state’. Based on a recent study carried out by the Institute for Science and International Security in Washington, North Korea seems to have doubled the size of the area that they used to enrich Uranium at Yongbyon (Uranium enrichment plant).

XII.

North Korean foreign relations

a) North Korean-U.S Relations The United States was the first western power to establish diplomatic relations with Korea in 1882. However, relations between the two countries have seesawed for decades, with neither side fully investing trust in the other. In recent years, Kim Jong Il has used his power of halting its nuclear program to demand energy and food assistance from the United States in return. U.S. officials have always remained uncertain of North Korea’s claims to disarm, however, and have usually insisted on strict verification measures before rewarding them for it.(The nature of the relations between North Korea areexamined in further detail in the sections on North Korea’s Nuclear Program and North Korea’s Missile Program above).

b) North Korean- Chinese relations China is North Korea's most important ally and it’s biggest trading partner. The large amount of food and energy aid that China supplies is an essential lifeline for the survival of the North Korean government. Strategically speaking,North Korea's allegiance is important to China as they wish to protect themselves against U.S. military dominance of the region, as well as the rise of Japan's military.It must also be noted that because of its upper hand in the bilateral relations China gains economically from its association with North Korea. Growing numbers of Chinese firms are investing in North Korea and gaining concessions like preferable trading terms. These investments are part of a Chinese strategy of stabilizing the border region it shares with North Korea thus reducing the pressure on North Koreans to migrate to China, and raising the overall standard of living in North Korea. While China has verbalized repeatedly its commitment to the goal of denuclearizing North Korea, but this is limited by its overriding priority is to prevent the collapse of North Korea. Although Beijing is not able to exercise absolute control over Pyongyang and their decisions regarding nuclear tests and missile launches, a temporary suspension of Chinese economic and energy aid would have a significant impact on North Korea. However, China has historically opposed harsh international sanctions on North Korea in attempt to avoid regime collapse and the consequent influx of refugees coming across their shared border into China. One of China’s ultimate objectives is to ensure that they support

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Additionally, the US relies on China’s leverage to deliver messages to the North Koreans and to convince them to make concessions and attend negotiations. China’s permanent seat on the UNSC (United Nations Security Council) has ensured that its influence on any U.N. action directed at North Korea. China is concerned that a humanitarian crisis could create a power vacuum in which the U.S would be able to assert its power.

c) Russian-North Korean Relations Historically, Russia had a special relationship with North Korea because, in essence, it was the founder of the present North Korean state. More importantly, for the first 10 or so years of North Korean history, the country remained under the indirect but tight control of the Soviet Union. However, today Russia is a country with a market economy, so companies that make the investment and take the risk are not part of the government. These companies understandably do not want to sacrifice their capital for the sake of a geopolitical scheme. As a result over the past 2 decades, the relations between Russia and North Korea have become largely symbolic. Russia’s interests in North Korea ultimately have little to do with North Korea itself, but rather see North Korea as means to a larger end. After the Cold War, Russia’s influence in Asia and the Korean peninsula began to decrease and so its cooperation with North Korea is part of its efforts to restore its influence in the region. Russia has some of the world’s largest deposits of oil and natural gas. Ultimately, they are seeking to find new markets for their natural resources, and building a pipeline to South Korea will help Russia expand beyond its current Europe customers. It may also potentially entice South Korea to give a hand in the modernization of Russia. Therefore, in order to achieve this connection with South Korea Russia needs stability on the Korean peninsula and to strengthen its ties  with North Korea. Although Pyongyang has discussed economic cooperation, it has failed to reform its economy sufficiently for foreign investment. However, it is interested in technical and scientific aid and wants Russia to balance China’s growing influence. The North’s economic troubles might be moderated by Russia’s support in energy, transportation and direct aid.

d) Iranian-North Korean Relations Most of the trade relations between Iran and North Korea have included missile sales, mainly from North Korea to Iran. Since 1989, North Korea has sold missiles and parts to Iran. North Korea and Iran have also discussed energy cooperation. Since both Nations are in the front row of the fight against imperialism, and now political relations are at the highest level, North Korea is to get oil Xu, Beina. "The China-North Korea Relationship." Council on Foreign Relations. Council on Foreign Relations, 18 Feb. 2014. Web. 17 Apr. 2014. <http://www.cfr.org/china/china-north-korea-relationship/p11097>.

 "DPRK Briefing Book : Russian Policy on the North Korean Nuclear Crisis." Nautilus Institute for Security and Sustainability. N.p., n.d. Web. 09 Nov. 2013. <http://nautilus.org/publications/books/dprkbb/russia/dprk-briefing-bookrussian-policy-on-the-north-korean-nuclear-crisis/>.

"The Significance of Russia's Frustration with North Korea." The Diplomat. N.p., n.d. Web. 17 Apr. 2014. <http://thediplomat.com/2013/12/the-significance-of-russias-frustration-with-north-korea/>.

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from Iran, and to provide Iran with a surplus of its own refined petroleum. Concerning the diplomatic relations North Korea has had political relations with the Islamic Republic of Iran since the Islamic Revolution and One strong evidence was During the Iran-Iraq War when Pyongyang supplied Iran with conventional military hardware. Beyond military cooperation, Iran and North Korea have worked to cement their diplomatic relations over recent years.

e) Pakistani- North Korean Relations Pakistan is in fact one of the few countries who has maintained diplomatic relations with North Korea. Pakistan has an embassy in Pyongyang and North Korea has an embassy in Islamabad. Pakistan has often been accused by the U.S for supplying North Korea with nuclear technology for military.According to an article published in the New York Times in, North Korea obtained "many of the designs for gas centrifuges and much of the machinery" required making highly enriched uranium for nuclear weapons from Pakistan. In return, North Korea--one of the world's most impoverished and isolated countries--reportedly provided Pakistan with ballistic-missile parts.

f) North Korean- Japanese Relations North Korea and Japan have been attempting and consistently failing to normalize their relations for more than a decade. There are two major issues between them, which have hindered their friendship. One of them is North Korea's unwillingness to come clean over their involvement in the abduction of Japanese citizens between 1977-1983. The other issue is Japan’s concern over North Korea’s nuclear weapons and missile development. The abduction of Japanese citizens from Japan by agents of the North Korean government occurred between 1977-1983. For several years North Korea denied any involvement in the abductions but eventually admitted to 13 of the cases in 2002. However, conciliatory gestures by North Korea on the abduction dispute have backfired because of claims that the cremated remains from one of the victims were said to be false. As such the Japanese public has been unsatisfied and continues to demand North Korean accountability and responsibility for all the abductions. The Japanese government recognizes that the issue of the abductions is top priority for the public and thus must be negotiated before the nuclear program.   "Iran Tracker." North Korea-Iran Foreign Relations.N.p., n.d. Web. 09 Nov. 2013. <http://www.irantracker.org/foreignrelations/north-korea-iran-foreign-relations>.

 "Nuclear Deal? New North Korea and Iran Pact Raises International Concern." The Christian Science Monitor. The Christian Science Monitor, 20 Sept. 2012. Web. 09 Nov. 2013. <http://www.csmonitor.com/World/AsiaPacific/2012/0920/Nuclear-deal-New-North-Korea-and-Iran-pact-raises-international-concern>

 "PAKISTAN: The North Korea Connection." Council on Foreign Relations.Council on Foreign Relations, n.d. Web. 10 Nov. 2013. <http://www.cfr.org/pakistan/pakistan-north-korea-connection/p7747>

 "Asia Times Online - The Trusted News Source for Information on Japan." Asia Times Online - The Trusted News Source for Information on Japan.N.p., n.d. Web. 10 Nov. 2013. <http://www.atimes.com/atimes/Japan/FE25Dh04.html>.

"Japan and North Korea: Bones of Contention." - International Crisis Group. N.p., n.d. Web. 17 Apr. 2014. <http://www.crisisgroup.org/en/regions/asia/north-east-asia/north-korea/100-japan-and-north-korea-bones-ofcontention.aspx>.

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For Japan, normalization would help preserve regional stability and represent one more step toward closure on its wartime history. While for North Korea, it would help boost its frail economy. The first round of normalization talks were held January 1991, but broke down over the question of Japan’s compensation to North Korea for their period of colonial rule (1910-45), a precedent that was also set when Japan normalized relations with South Korea. Japan, however, insists that North Korea must first resolve its differences with South Korea over the question of bilateral nuclear inspections. 

g) North Korean-South Korean Relations Since the end of the Korean War, the tensions between North and South Korea have remained. Fighting has repeatedly occurred both land and sea borders because each nation is continually trying to unify the peninsula with its own system of government. Also, Attacks from the two sides against each other continued. In 1968, North Korea unsuccessfully attempted to assassinate South Korea's president. In 1983, a bombing in Myanmar that was linked to North Korea, killed 17 South Korean officials and in 1987, North Korea was accused of bombing a South Korean airplane. In 2010, tensions between North and South Korea were especially high after a South Korean warship was sunk on March 26. South Korea claims that North Korea sunk the Cheonan in the Yellow Sea off the South Korean island of Baengnyeong. Then, on November 23, 2010, North Korea launched an artillery attack on the South Korean island of Yeonpyeong. North Korea claims that South Korea was conducting "war maneuvers" but South Korea states that it was conducting maritime military drills. The bilateral relationship reached one of its lowest points in decades earlier this year following a North Korean nuclear test and a satellite launch. Then, amid threats of war, the North refused to allow South Korean workers to cross the demilitarized zone to work at Kaesong Industrial Complex, effectively closing the factory compound that was the lone symbol of inter-Korean cooperation.  However, end of 2013,Pyongyang allowed South Korean workers to return to Kaesong once again. South Korean President Park Geun-hye, who took office last year, emphasized the importance of small steps that build a “sustainable” relationship between the neighbors. However, he warned that “trust doesn’t mean just blindly believing in the other,” but means reciprocating positive behavior and punishing violations of that trust. As of late however, relations between the two nations no longer appear to be improving. In March of 2014 South Korea discovered three drones crashed in three separate spots near North Korea, hundreds of miles away from each other. The first was discovered in Paju, north of Seoul, on March 24 and the second a week later on Baengnyeong Island in the Yellow Sea. The third was found on Sunday on a mountainside in Samcheok, 290 kilometers (180 miles) east of Seoul. http://lcweb2.loc.gov/cgi-bin/query/r?frd/cstdy:@field(DOCID+kp0119)  "Tensions and Conflict on the Korean Peninsula." About.com Geography. N.p., n.d. Web. 10 Nov. 2013. <http://geography.about.com/od/northkorea/a/korean-conflict.htm>.

 "South Korea to Pursue Relations with North, but There Are Limits." Most Read. N.p., n.d. Web. 10 Nov. 2013. <http://www.stripes.com/news/pacific/south-korea-to-pursue-relations-with-north-but-there-are-limits-1.243254>.



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XIII. The future Scenarios of U.S- North Korean Relations Human Rights  What type of assistance can the U.S provide North Korean refugees who are unwelcome in South Korea and China?  How should the US respond to the food shortage in North Korea?  Kenneth Bae is a U.S. Christian missionary who was arrested in North Korea and accused of attempting to topple the government in November 2012. He was sentenced to 15 years of hard labor in a labor camp. Recent footage of Bae has shown that his health has deteriorated after he lost more than 50 pounds. The U.S has requested clemency to Mr.Bae but to no availhow can this be resolved? Nuclear and ICBM Threat 

The Six Party Talks have been dormant since 2008. It is unclear what the next steps towards denuclearizing North Korea will be. Obama has so far been pursuing the policy of “strategic patience” The questions that must be posed now are firstly: Is this policy sufficient? Secondly, does the US need a strategy that relies less on Beijing’s willingness to punish Pyongyang?



Recently, a two-day joint naval drill between Japan, South Korea and the US, triggered an angry response and threats from Pyongyang. Pyongyang made a statement through their Central News Agency: “We emphasize again that the United States must withdraw various measures aimed to isolate and strangulate us. Dependent upon this arepeace and security, not only on the Korean peninsula but the US mainland as well."

 "US Sending Envoy to North Korea to Lobby for Release of Missionary." NBC News. N.p., n.d. Web. 09 Nov. 2013. <http://worldnews.nbcnews.com/_news/2013/08/27/20218522-us-sending-envoy-to-north-korea-to-lobby-for-release-ofmissionary?lite>

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POW-MIA- Recovering remains of US soldiers from the Korean War *(POW-MIA: Prisoners of War-Missing in Action) In 1994, North Korea invited the U.S. to conduct joint investigations to recover the remains of thousands of U.S. servicemen unaccounted for during the Korean War. However, due to the reoccurring tension and Department of Defense has said that the recovery of the remains of missing U.S. soldiers is an enduring priority goal of the United States and that it is committed to achieving the fullest possible accounting for POW-MIAs from the Korean War.

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Committee on Finance

Prepared by: Chairlady Marie Micheal Vice Chairlady Sarah Ossama Maharem Ranking member Mohamed Asaad Refai Party consultant Waleed Zaghlol 70

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Jurisdiction The U.S. Senate Committee on Finance is one of the original committees in the Senate, and was first established on December 11, 1815. The Committee concerns itself with matters relating to taxation and other revenue measures and those relating to the insular possessions; bonded debt of the United States; customs, collection districts, and ports of entry and delivery; health programs under the Social Security Act and health programs financed by a specific tax or trust fund; national social security; reciprocal trade agreements; tariff and import quotas; and the transportation of dutiable goods. In addition the Committee has extensive oversight powers. It has authority to investigate, review and evaluate existing laws, and the agencies that implement them. Due to its wide authority, it is considered to be one of the most powerful committees in Congress.

Subcommittees: 1- Subcommittee on Energy, Natural Resources, and Infrastructure 2- Subcommittee on Fiscal Responsibility and Economic Growth 3- Subcommittee on Health Care 4- Subcommittee on International Trade, Customs, and Global Competitiveness 5- Subcommittee on Social Security, Pensions and Family Policy 6- Subcommittee on Taxation and IRS Oversight

Chairmanship: Chairman:

Ranking member:

Sen. Ron Wyden (Democrat â&#x20AC;&#x201C; Oregon)

Sen. Orin Hatch (Republican â&#x20AC;&#x201C; Utah)

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First Topic: Trans-Pacific Partnership I. a. b. c.

Introduction ……………………………………………………………………66 History of Foreign trade of the United States Trade Agreements What’s a free-trade agreement/free-trade area?

II. What is the Trans-pacific partnership?..................................................................68 a. History and evolution of the TPP b. Trans-pacific Partnership countries III. Possible benefits of the TPP for U.S………………………………………………78 a. Significance of the Asia Pacific Region b. Contribution to the GDP c. Impact on small and medium sized enterprises d. Impact on IP intensive industries e. Facts and statistics about the TPP IV. Controversy…………………………………………………………………………81 a. Secrecy b. Scope c. New international tribunals d. Local Economic Development programs and domestic industries e. Trade promotion authority f. NAFTA-like g. Labor h. Intellectual property rights

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First Topic: Trans-Pacific Partnership I. Introduction a. History of Foreign trade of the United States The United States is the most significant nation in the world when it comes to international trade. For decades, it has been leading the world in imports while remaining to be one of the top three exporters of the world. Moreover, since it is the world's leading consumer, the United States is the number one customer of all companies all around the world. In fact, itâ&#x20AC;&#x2122;s also considered the top export market for almost 60 trading countries worldwide. Several businesses compete for a share of the United States market. In addition, the United States occasionally uses its strong economic position and influence in order to impose economic sanctions in different parts of the world. The Constitution grants the Congress power to impose tariffs and regulate international trade. Consequently, Congress can enact laws concerning: establishing tariff rates; implementation of trade agreements; providing remedies against unfairly traded imports; controlling exports of sensitive technology; and extending tariff preferences to imports from developing countries. In addition to that, and under specific circumstances, Congress can also delegate some of its trade authority to the Executive Branch. However, the congress kept tight reins on the use of this authority by requiring that certain trade laws and programs be renewed; and by requiring the Executive Branch to issue reports to Congress in order to monitor the implementation of the trade laws and programs.ď&#x192; The authority of Congress to regulate international trade is clearly stated in Article I, Section 8, Paragraph 1 of the United States Constitution: The Congress shall have power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; The United States has always played an important leading role in international trade. However, it was only until the Great Depression that the United States started to occupy the strong leading role in global trade policy-making it occupies today. In the 1940s, working with the British government, the United States developed two innovations to expand and govern trade among nations: the General Agreement on Tariffs and Trade (GATT) and the International Trade Organization (ITO). GATT was a temporary multilateral agreement designed to provide a framework of rules and a forum to negotiate trade barrier reductions among nations. The GATT was signed in 1947 and lasted until 1994, when it was replaced by the World Trade Organization (WTO) in 1995. The growing importance of international trade led to the establishment of the Office of the U.S. Trade Representative in 1963 by Executive Order 11075, originally called The Office of the Special ď&#x192; Mary Jane Bolle, William H. Cooper, and Ian F. Fergusson. U.S. Trade Statutes: Expiration Dates and Mandated Periodic Reports to Congress. Rep. no. RL34196. N.p.: Congressional Research Sevice, n.d. Web. 19 Apr. 2014. <http://assets.opencrs.com/rpts/RL34196_20071002.pdf>.

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Representative for Trade Negotiations. This agency is responsible for developing and recommending United States trade policy to the president of the United States, conducting trade negotiations at bilateral and multilateral levels, and coordinating trade policy within the government *The Great Depression: was a severe worldwide economic depression in the decade preceding World War II. The timing of the Great Depression varied across nations, but in most countries it started in 1930 and lasted until the late 1930s or 1940s. It was the longest, most widespread, and deepest depression of the 20th century.

b. Trade agreements

(1) USA Trade agreements

Blue: The United States Green: Current Bilateral/Multilateral FTA's Orange: Proposed Bilateral/Multilateral FTA's *FTA: Free-trade agreement The United States is a partner to many trade agreements, shown in chart (1). The United States has also negotiated many Trade and Investment Framework Agreements, which are often preludes to free trade agreements. It has also negotiated many bilateral investment treaties, which concern the movement of capital rather than goods. In addition, the U.S. is a member of several international trade organizations. The purpose of joining these organizations is to come to agreement with other nations on trade issues, although there is domestic political controversy to whether or not the U.S. government should be making these trade agreements in the first place. These organizations include: 1.

World Trade Organization

Organization of American States

Security and Prosperity Partnership of North America

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c. What’s a Free-trade agreement/Free-trade area? A free-trade area is a trade bloc whose member countries have signed a free-trade agreement (FTA), which eliminates tariffs, import quotas, and preferences on most (if not all) goods and services traded between them. If people are also free to move between the countries, in addition to FTA, it would also be considered an open border. Countries choose this kind of economic integration if their economic structures are complementary. If their economic structures are competitive, it is likely there will be no incentive for a FTA, or only selected areas of goods and services will be covered to fulfill the economic interests between the two signatories of FTA. *Tariff: A tax imposed on imported goods and services. Tariffs are used to restrict trade, as they increase the price of imported goods and services, making them more expensive to consumers. They are one of several tools available to shape trade policy. *Quota: A government-imposed trade restriction that limits the number, or in certain cases the value, of goods and services that can be imported or exported during a particular time period. Quotas are used in international trade to help regulate the volume of trade between countries. They are sometimes imposed on specific goods and services to reduce imports, thereby increasing domestic production. In theory, this helps protect domestic production by restricting foreign competition. The United States is party to many free trade agreements (FTAs) worldwide. Beginning with the Theodore Roosevelt administration, the United States became a major player in international trade, especially with its neighboring territories in the Caribbean and Latin America. Today, the United States has become a leader of the free trade movement, standing behind groups such as the General Agreement on Tariffs and Trade (later the World Trade Organization).

II. What is the Trans-pacific partnership? The Trans-Pacific Partnership (TPP) is a potential free trade agreement (FTA) among 12, and perhaps more, countries. The United States and 11 other countries of the Asia-Pacific region— Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam are currently negotiating the text of the FTA. With 29 chapters under negotiation, the TPP partners envision the agreement to be “comprehensive and high-standard,” in that they seek to eliminate tariffs and non-tariff barriers to trade in goods, services, and agriculture, and establish rules on a wide range of issues including foreign direct investment and other economic activities. The TPP is of great significance for the Congress. Congress would have to approve implementing legislation for U.S. commitments under the TPP in order to make the agreement enter into force. Moreover, the Executive branch (Obama Administration) should consult with congressional leaders before, during, and after trade agreements have been negotiated. In addition, the TPP will potentially affect many sectors and regions of the U.S. economy of significant interest to the members of the Congress and

 "What Is Free Trade Agreement? Definition and Meaning." Business Dictionary. N.p., n.d. Web. 18 Apr. 2014. <http://www.businessdictionary.com/definition/free-trade-agreement.html>.

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could possibly influence and shape the path of U.S. trade policy for the foreseeable future. “The Trans-Pacific Partnership is perhaps the most ambitious trade negotiation underway in the world. It will break new ground on important issues from the challenges of state-owned enterprises, to ensuring the free flow of data across borders, to enhancing regional supply chains, to ensuring transparency in cutting red tape. We’re also working to strengthen protections for labor and the environment. Our goal is for high standards for the Trans-Pacific Partnership to enter the bloodstream of the global system and improve the rules and norms.”- Vice President Joseph P. Biden, April 5, 2013

a. History and Evolution of the TPP The Trans-pacific partnership agreement was first known as the Pacific Three Closer Economic Partnership (P3 CEP). Negotiations were launched by the President of Chile and the Prime Ministers of New Zealand and Singapore in the year 2002 in the APEC Leaders' Meeting in Los Capos, Mexico. By the 5th round of negotiations in April 2005, Brunei took part in negotiating on the agreement with interests to become a founding member. The agreement was signed between each of Brunei, Chile, New Zealand and Singapore on June 3, 2005, and came into force on May 28, 2006. By that time this trade changed to be named as the Pacific-4 (P4). The Pacific-4 aimed from the beginning of its negotiations to extend the agreement to allow other states and other countries to join and sign the agreement. The expansion to this agreement started in September 2008 when the Office of the U.S. Trade Representative of the outgoing George W. Bush Administration announced the interest of the United States in joining the P4 agreement. Australia, Peru and Vietnam joined as well right after the United States and so the agreement changed to be P-7 or Trans-pacific partnership agreement instead of P-4. Early talks with the potential TPP member states were planned for March 2009. However they were postponed due to the coming of administration of Obama in the United States. The United States then announced through its Trade Representative Ron Kirk that the United States would re-join the TPP talks in May 2009. The first round of negotiations in the TPP was held in Melbourne in March 2010 between seven members: Australia, Brunei, Chile, New Zealand, Peru, Singapore, and the United States. Vietnam joined as an observer. The negotiations continued growing larger and longer. The members approach gave way to more conventional articles including market access for goods, services, telecommunications, financial services, investment, technical barriers to trade (TBT), sanitary barriers to trade, intellectual property rights and government procurement. During the third round of negotiations in Brunei in October 2010, Malaysia officially joined becoming the ninth TPP member country.  Ian F. Fergusson, and William H. Cooper. "The Trans-Pacific Partnership (TPP) Negotiations and Issues for Congress." Congressional Research Service. N.p., 13 Dec. 2013. Web. 19 Apr. 2014. <http://www.fas.org/sgp/crs/row/R42694.pdf>.

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The fourth round of Trans-Pacific Partnership (TPP) negotiations was held in Auckland, New Zealand. Negotiating members: United States , Australia, Brunei Darussalam, Chile, Malaysia, New Zealand, Peru, Singapore and Vietnam began working on trade in goods, financial services, customs, labor, and intellectual property. Over 100 stakeholders from five different countries traveled to Auckland to offer input directly to the negotiators on a wide variety of issues. Further expansion of TPP membership at the end of 2010 had looked gradually more likely. Canada was one of the leading potential members approached to join the original P4agreement. Canadian officials by that time did not take up the offer or agree to join the agreement. In August 2010,Canada sent a team of negotiators to conduct two-sided negotiations with member countries, but was rejected in October. The hidden message given to Canadian diplomats noted that Canada still had a ‘range of issues’ that didn't meet the satisfaction of the existing TPP members. Long till early 2011 the official meetings were more and the rounds of negotiation increased. The February 2011 meeting in Chile held 675 officials meeting for seven days. The agenda started expanding considerably as well, with the continued switch of draft offers and early growth on drawing up legal texts. Work began on the exchange of specific offers for market access in goods, telecommunications, customs cooperation, financial services, technical barriers to trade (TBT), legal and institutional issues as well as the environment. Australia and its TPP partners: Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, the United States and Vietnam, continued to progress targeting a high-quality, 21st century agreement during the sixth round of TPP negotiations that was held in Singapore from 24 March to 1 April 2011. Negotiators at this round were concerned with narrowing the gaps in positions on the draft text and discussing initial market access offers. Up to 800 officials contributed in meetings in Ho Chi Minh City in June 2011 across a two-week time period. The negotiating period was extended to allow intensified deepen work. The negotiators argued over some new proposals, including additional sections on intellectual property, services, transparency, telecommunications, customs and the environment. Other issues where refined. Although the deadline for a completed agreement was clearly going to be missed, officials sustained to meet in more intense sessions through a ninth round in Peru in October 2011. At the APEC Leader’s Meeting in Honolulu on November 12, 2011, officials announced a five-page ‘broad outlines’ of the agreement to the public. The statement illustrated the following defining features for the TPP: comprehensive market access; fully regional agreement; cross cutting trade issues (the ‘horizontal issues’); new trade challenges (digital economy and green technology); and a living agreement. Overwhelming the appearance of the structure, however, was the announcement of the Prime Minister Yoshihiko Noda that Japan is seeking the entry into the TPP. His statement resulting the follow of a renewed expression of interest by Canada and a new announcement of intention of Mexico to join. Australia and other TPP countries have greeted this interest and began by undertaking a mutual negotiation with these countries to discuss their willingness to join, and their ability to preserve both the ambition and pace of the negotiations. This is the same process that each TPP country went through when they sought to join the TPP, with final decisions taken by a agreement of all current TPP parties. Australia hosted the eleventh round of TPP negotiations in Melbourne from 1-9 March 2012. The round had a strong stakeholder module, with over 250 stakeholders registered to attend the talks. A 77

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stakeholder forum was held on Sunday 4 March and was attended by negotiators from all the TPP countries. The forum held around 40 presentations from a variety of academic groups, businesses and public interest groups. On Tuesday 6 March provided a chance for stakeholders and negotiators to meet casually and discuss their views on TPP related matters. In addition to the formal program, negotiators attended events and presentations launched by stakeholders through the week. The US hosted the twelfth round of TPP negotiations in Dallas, Texas from 8 - 18 May 2012.The progress was impressive during the ten-day round as negotiators narrowed differences more on many areas of the legal text, and negotiating groups are on a clear trail towards concluding most of the more than 20 chapters of the agreement. Issues that could not be resolved at the round will be addressed by specific intercessional work plans. On 2-10 July 2012in San Diego, California the thirteenth round was held and Over 300 registered stakeholders participated in events. TPP negotiations continued to make progress at the 14th negotiating round held in Leesburg, Virginia from 6 – 15 September 2012. On 9 September a direct stakeholder engagement was held which involved more than 250 stakeholders from 93 different groups and representatives of all 9 delegations. Chief Negotiators also held a briefing for stakeholders to provide an update on the negotiations, and answer questions. The 15th round of Trans-Pacific Partnership (TPP) negotiations was held in Auckland, New Zealand from 3 – 12 December 2012. During the 10-day round, the 11 delegations determined on finding practical and mutually-beneficial outcomes to remaining issues under consideration, while separating the outstanding challenges to be on the table in the months ahead. The 16th round of Trans-Pacific Partnership (TPP) Agreement negotiations were held in Singapore from 4 – 13 March 2013. Parties achieved a great step in finding ways forward for many of the residual issues in the texts of the agreement, achieving agreement on outstanding issues in customs, telecommunications, regulatory coherence and development. Any remaining work in these chapters will be taken up in late-stage rounds as the agreement is confirmed. The 17th round of TPP negotiations was held in Lima, Peru, from 15-24 May. Negotiators maintained strong momentum toward achieving a high-quality and inclusive agreement, guided by the plan of action set in April by the trade ministers from TPP parties in the limits of the APEC meeting in Surabaya, Indonesia. Parties succeeded in making progress in many chapters of the agreement, including in sanitary and phytosanitary measures, trade remedies, labor, government procurement, cross-border trade in services and legal and institutional issues. The 18th round of TPP negotiations was held in Malaysia on 15-25 July. On 23 July, TPP parties welcomed the newest member Japan to the negotiating table for the first time. Parties succeeded in finding ways to determine many of the technical issues in the text of all chapters across the agreement. Negotiators will take up remaining outstanding issues through intercessional work, in order to advance development prior to the next round of negotiations.

 Brock R. Williams. "Trans-Pacific Partnership (TPP) Countries: Comparative Trade and Economic Analysis." Congressional Research Service. N.p., 10 June 2013. Web. 19 Apr. 2014. <https://www.fas.org/sgp/crs/row/R42344.pdf>.

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Leaders of TPP member states and prospective member of the APEC summit in Yokohama, Japan, 11 November 2010

states

the

sidelines

the

b. Trans-pacific Partnership countries: Trans Pacific Partnership participants are geographically diversified between three continents: North America, South America, and Asia, but linked through the Pacific. Most of the members of TPP have a common goal which is establishing â&#x20AC;&#x153;the biggest economic bloc and trade agreement in the world.â&#x20AC;?

(3)

i. Australia The trade between the United States and Austalia totaled $38.8 billion in 2012. However, the USAustralia services trade was $22.4 billion in 2011. Australia is counted as the third after Canada and Mexico as the largest US trading partner in services. Back in 2012 the US trade surplus with Australia was the largest of any of the TPP countries, and in 2011 it took the third place with $9.8 billion in terms of services. The reason behind this huge surplus was the rapid growing exports to 79

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Australia in terms of goods and services over the past ten years. In 6 years time the agricultural exports was doubled to more than $200 million as this was the result after AUSFTA (The AustraliaUnited States Free Trade Agreement) took place (period from Jan 1, 2005 to 2011). The main goods the US exports to Australia are the machinery, vehicles and optical medical instruments. On the other hand, the US imports are meat ,precious stones and optical or medical instruments. The majority of Australia's exports is heading to fuels and mining products which are exported to the rest of the world.

ii. Brunei Brunei is counted as the smallest US trading partner between the TPP countries. In 2012 a total of $243 million trade occurred between the US and Brunei. Over the past ten years, the US imports from Brunei was noticeably decreasing. Comparing to 2005 trade that was of $562 million ,in 2012 it was only $86 million which is a fraction of the amount of trade of 2005. The main US imports from Brunei are oil and oil products. These products are considered decisive to Brueni's economy ,as the fuel and mining products make a percentage of 96% of their total exports. On the other hand the US exports primarliy machinery and aircraft to Brunei.

iii. Canada Canada is the largest trading partner of the United States, overall and among TPP participants with total trade in goods of over $616 billion (2012) and total trade in services of $84.1 billion (2011). The U.S. trade deficit with Canada has been falling in recent years and reached $32.5 billion in 2012. The United States recorded a substantial trade surplus in services trade with Canada of $28 billion in 2011. Although rich in natural resources and energy, Canada is also part of an integrated North American supply chain and exchanges many manufactured products with the United States, especially autos, at different stages of production.

iv. Chile U.S. trade with Chile has been significantly growing over the past decade. The U.S. exports increased to nearly $18.9 billion in 2012 from the advent of the U.S.-Chile Free trade agreement in 2004. Total U.S. services trade with Chile was $4.2 billion in 2011. Chileâ&#x20AC;&#x2122;smajor exports to the world are fuel and mining products, especially copper. In addition, Chile has a strong agriculture sector, which contributes to exports. Manufactured goods make up over 60% of its imports to the world. On the other hand, The top U.S. imports from Chile are copper,seafood and fruits. U.S. exports to Chile mainly are vehicles, machinery and refined oil products. Nearly 17% of the imports of Chile are provided by the United States.

v. Japan Japan participated in the TPP talks for the first time in the final days of the Malaysia round in July 2013. In making the decision to seek participation in the TPP, Prime Minister Abe had to confront influential domestic interests that argued against the move. Among the most vocal have been Japanese farmers, especially rice farmers, and their representatives. They have argued that Japanese agriculture would be severely harmed by foreign competition as Japan would have to negotiate away high tariffs and other protective measures on imports of agricultural products. Some Japanese health providers have argued that Japanâ&#x20AC;&#x2122;s national health insurance system would be adversely affected because, they claim, the TPP would force Japanese citizens to buy foreign-produced pharmaceuticals 80

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and medical devices. In his March 15 statement, Prime Minister Abe acknowledged those domestic sensitivities, but also insisted that Japan needed to take advantage of “this last window of opportunity” to enter the negotiations, if it is to grow economically. However, other Japanese business interests, including manufacturers, strongly support the TPP. U.S. and Japanese engagement in informal discussions dated from November 2011 when the government of then-Prime Minister Noda first expressed interest in the possibility of seeking to join the TPP negotiations. At that time, the Obama Administration identified three issues that Japan needed to address as “confidence building measures” if the United States were to support Japan’s entry into the TPP: Japanese restrictions on imports of U.S. beef, market access for U.S.-made cars, and insurance and express delivery issues. After further consultations with Japan following Prime Minister Abe’s announcement, then acting USTR (The Office of the United States Trade Representative) Demetrios Marantis announced that the United States would support Japan’s participation in the TPP negotiations on April 12, 2013, subject to the consensus of all the TPP participants. The beef issue appears to have been addressed with the February 1, 2013, Japanese action to allow imports of U.S. beef from cattle younger than 30 months. The issue first arose in December 2003 when Japan imposed a ban on imported U.S. beef (as did some other countries) in response to the discovery of the first U.S. case of bovine spongiform encephalopathy (BSE or “mad cow disease”) in Washington State. Japan had loosened restrictions to allow imports of beef from cattle younger than 20 months, but the United States had pressed Japan to loosen the restrictions even further. The issue of the market of U.S.-made cars srarted because of the low volume of Japanese imports of cars made by the three Detroit-based automakers: Chrysler, Ford, and General Motors, mainly because of Japanese taxes, safety and environment regulations, insurance and other non-tariff barriers. As a result of these discussions, Japan agreed to increase the number of U.S.-made vehicles that can be imported from the U.S. from 2,000 per vehicle “type” to 5,000 per vehicle “type”.. The activities of the government-run Japan Post Insurance Co., Ltd (a Japanese life insurer which sells insurance and express delivery services) were the main focus of USTR’s agreement with Japan on insurance. Japan announced that the government would not approve new or modified cancer insurance products or stand-alone medical insurance products for sale by Japan Post until it has been determined that a “level-playing field” has been established in competition between private insurers and Japan Post. The countries agreed to address additional “level-playing field” issues regarding insurance in the actual TPP negotiations. As indicated earlier, TPP is the leading U.S. trade policy initiative of the Obama Administration and a core component of Administration efforts to “rebalance” U.S. foreign policy priorities toward the Asia-Pacific region by playing a more active role in shaping the region’s rules and norms. As the second largest economy in Asia, the third largest economy in the world, and a key link in global supply/production chains, Japan’s participation and inclusion would be pivotal to enhancing the credibility and viability of the TPP as a regional free trade arrangement. It might also encourage other Asian countries to join. A large segment of the U.S. business community has expressed support and willingness for Japan to participate in the TPP, but under the condition that Japan shows enough will to resolve the longstanding issues on access to its markets for U.S. goods and services. However, there are a few segments that showed strong opposition like many companies in the U.S. auto industry and the United Autoworkers union. All of the things mentioned above should lead to the conclusion that if 81

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Japanis to join the TPP, that should present both risks and opportunities for both Japan and the United States. On the one hand, a TPP agreement that achieves its stated ambition and includes Japan could reinvigorate an economic relationship that has remained steady but stagnant, by forcing the two countries to address long-standing, difficult issues, and allowing them to raise their relationship to a higher level. On the other hand, failure could indicate that the underlying problems are too fundamental to overcome and could set back the relationship. It could signify the failure of the United States and/or Japan to deal with domestic opposition to a more open trade relationship. ď&#x192;

vi. Malaysia Among the TPP countries Malaysia stands as the fifth largest goods trading partner for the US with nearly $39 billion in 2012 and $3.9 billion in 2011 services trade. The United States has a double of imports from what what it exports to Malaysia which was the reason the US had large goods trade deficit of %13.1 billion in 2012. Over the past few years, the US imports from Malaysia weren't stable enough but instead the past five years marked their constant deteriorating state.The imports were increasing from $25 billion to more than $35 billion for a period of 6 years from 2000 to 2006 but then it fell to be $25.9 billion in 2012. Most of the US imports and exports from Malaysia are the electrical machinery. Most of the trade involves the same category of products that flow in and out of the US. It might as well present the transitional goods crossing boundries at different levels or production.

vii. Mexico Mexico is considered the second-largest trading partner among TPP countries, with nearly $494 billion in 2012. While the total services traded back and forth was $40 billion in 2011. However the U.S is the biggest trading partner for Mexico among the TPP participants. Mexicoâ&#x20AC;&#x2122;s dependency on the U.S as an export market had witnessed a slight decrease. Moreover the United States had its largest goods trade deficit with Mexico ($61.3 billion) in 2012, but on the other hand, the US previously obtained a large services surplus ($11.5 billion) in 2011. Mexico as well as Canada are part of an integrated North American manufacturing supply chain and exchanges goods with the United States and Canada at different stages of production.

viii. New Zealand U.S. trade with New Zealand is relatively small among TPP members in 2012, only larger than Brunei, with total goods trade of $6.7 billion and total services trade of $3.9 billion (2011). U.S.New Zealand trade is relatively balanced with a small U.S. trade deficit in goods in 2012 ($216 million) and a small U.S. trade surplus in services in 2011 ($301 million). With the rest of the world, New Zealand primarily exports agricultural products and imports manufactured goods. Its trade with the United States is quite similar to its world pattern with top exports to the United States in meat, dairy, and beverages, and imports from the United States in aircraft and machinery.

ix. Peru The U.S. trade relationship with Peru is similar to its relarionship with Chile. U.S.-Peru trade totaled $15.8 billion in goods in 2012. Furthermore, Peru is the third-smallest U.S. trade partner compared ď&#x192; Brock R. Williams. "Trans-Pacific Partnership (TPP) Countries: Comparative Trade and Economic Analysis." Congressional Research Service. N.p., 10 June 2013. Web. 19 Apr. 2014. <https://www.fas.org/sgp/crs/row/R42344.pdf>.

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with other participating countries before New Zealand and Brunei. The United States has reached goods trade surplus with Peru of nearly $2.9 billion in 2012, with U.S. exports to Peru increasing steadily over the past decade. The top exports of Peru to US are oil and oil products, copper, and knitted apparel, whereas the major U.S. exports to Peru are machinery, refined oils, and electrical machinery. Like Chile, the United States is a major trading partner with Peru supplying nearly 20% of the country’s total imports.

x. Singapore Singapore has relatively large trade relations with the U.S. in both goods and services among TPP countries, with about (50.8) billion in goods and $15 billion in services in 2012. The United States had a recognizable surplus with Singapore in both goods ($10.3 billion) and services ($6 billion), in the most recent year for which data is available. What’s different about its trade in services is that unlike all other countries, Singapore’s imports from the United States are mainly tertiary sector services like business, technical and professional services. Singapore’s world goods trade is dominated by manufactured goods, representing over 70% of exports and 65% of imports. Most of the United States’ goods trade with Singapore mainly consists of manufactured goods machinery and electrical machinery.

xi. Vietnam The past decade had witnessed a significant change in the U.S.-Vietnamese trade relationship, which resulted in more trade between both countries reached almost $25 billion in goods in 2012. Approving Vietnam conditional normal trade relations, US increased the status to permanent normal trade relations in 2006 with Vietnam’s accession to the World Trade Organization (WTO). On the other hand, U.S. trade with Vietnam has increased steadily in both directions. However, imports increased much faster than exports which leads to a relatively large ($15.6 billion) goods trade deficit with Vietnam in 2012. Vietnam exports to the United States are mostly labor-intensive products(*) such as knitted and woven apparel. Meanwhile, its top U.S. imports are high-tech goods, including machinery and vehicles. However, controversy surrounding trade with Vietnam has always been about reported child labor being used in Vietnam. Due to the poor living standards and high levels of poverty in Vietnam and the country being reliant on labor-intensive, child labor has been a roaming issue for long. In the Viet Nam MICS (Minnesota Career Information System) 2011 questionnaire, a number of questions addressed the issue of child labour for children 5–14 years of age. The results showed the following statistics: * For ages between 5 years and 11 years old: at least one hour of economic work or 28 hours of domestic work per week has been reported * For ages between 12 years and 14 old: at least 14 hours of economic work or 28 hours of domestic work per week has been reported However, the definition of child labor allows differentiation between child labour and child work to identify the type of work that should be eliminated. This should mean that the estimates provided by the MICS report is a minimum compared to the real numbers of child labour because some children may be involved in hazardous labour activities for a number of hours that could be less than the  "Viet Nam Multiple Indicator Cluster Survey." Minnesota Career Information System. N.p., Dec. 2011. Web. 19 Apr. 2014. <http://www.gso.gov.vn/default_en.aspx? tabid=515&idmid=5&ItemID=12491>.

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numbers specified in the criteria shown in the study. Therefore, whether the U.S. should engage in free trade with a country that has proven cases of child labor or not, this should be a challenging issue if the U.S. is to move forward with this agreement. *Labor intensive products: production process that requires higher labor input than capital input in terms of cost.

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III. Possible benefits of the TPP for U.S. a. Significance of the Asia Pacific Region The TPP will address the pattern in the Asia-Pacific district to economic regional integration that avoids the United States. For example, ASEAN (Association of Southeast Asian Nations) has FTAs with China, Japan, South Korea, Australia and New Zealand. Financial participation around ASEAN +3 (ASEAN, China, South Korea and Japan) has been shut to U.S. support. China, South Korea and Japan are additionally recognizing a trilateral FTA. These agreements contain exchange from the United States. The absence of U.S. support in creating these trade rules undermines the American administration in the region. In this light, the TPP will be a gateway for the U.S. to seek after economic integration in the Asia-Pacific area which is very important for the US for the following reasons: i.

The Asia-Pacific Economic Cooperation (APEC) forum is of substantial global economic worth among its 21 member economies. The 12 current TPP countries are involved in APEC. It is considered as the family to 40% of the world’s population and nearly 60% of global GDP. This region has seen significant economic growth in the last couple of years. Back in 2012, nine of these 21 economies grew to have GDP above 5%. While on the other hand, the GDP growth in the United States was at just 2.2%. Beside the increasing economic influence, these countries are growing and increasing their share of the world trade tremendously. The

 Joshua Meltzer. "The Significance of the Trans-Pacific Partnership for the United States." The Brookings Institution. N.p., 18 May 2012. Web. 19 Apr. 2014. <http://www.brookings.edu/research/testimony/2012/05/16-us-trade-strategy-meltzer>

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Asia share of the world imports went from 18.5% in 1983 to be 30.9% in 2011 which reflects the growth of the region. ii.

The Asia-Pacific region stands as the important source and destination for the US trade and investments. These countries collaborate to present over 60% of the overall US trade and together they own one-quarter of the foreign direct investment (FDI) into and out of the US. But despite this they remain a great potential for the US to engage with the region economically.

iii.

Completing the TPP will be an economic complement to President Obama’s declaration of a U.S. strategic “pivot” toward Asia. It will build on the Korea-U.S. FTA which came into effect on March 15, 2012. As former Secretary of State Hillary Clinton said recently, “One of the most important tasks of American statecraft over the next decade will therefore be to lock in a substantially increased investment – diplomatic, economic, strategic, and otherwise – in the Asia-Pacific region.

b. Contribution to the GDP: As a starting point, the TPP will increase U.S. GDP and exports and this will eventually lead more opportunities for growth for American small business exporters, and these opportunities will increase as more countries join. The TPP’s impact on American small businesses and the U.S. manufacturing sector can also be expected by looking at the impact of other free trade agreements. For like the North American Free Trade Agreement (NAFTA) and the U.S.- Central American-Dominican Republic Free Trade Agreement (CAFTA-DR) which had an impact on increasing the U.S. has a trade surplus in manufactured goods of $12 billion and $3 billion, respectively , pushing the US productivity gains and allowing American manufacturers to source inputs from the lowest cost providers. By the same token, TPP will provide additional opportunities for the U.S. manufacturing sector overseas.

c. Impact on Small and medium sized enterprises: U.S. small and medium-sized enterprises (SMEs) benefit the most from the TPP on the contrast with the large businesses, because almost 98 percent of all exporters and 97 percent of all importers are SMEs, representing almost 40 percent of U.S. goods exports and 31.5 percent of goods imports. In addition, 94 percent of SMEs are exporters and importers. Therefore, trade agreements that liberalize trade barriers, like the TPP will have a large impact on SMEs because they promote government efforts to reduce trade barriers overseas as their capacity to overcome these barriers by establishing subsidiaries in other countries is much more limited.

d. Impact on IP intensive industries: *Intellectual property (IP)

is a legal concept which refers to creations of the mind for which exclusive rights are recognized. Under intellectual property law, owners are granted certain exclusive rights to  Joshua Meltzer. "The Significance of the Trans-Pacific Partnership for the United States." The Brookings Institution. N.p., 18 May 2012. Web. 19 Apr. 2014. <http://www.brookings.edu/research/testimony/2012/05/16-us-trade-strategy-meltzer>

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a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets. NDP Analytics, an economic research firm located in Washington, D.C. that specializes in datadriven analysis of public policy and legal issues, recently published a study on the economic benefits of intellectual property rights (IP) in the Trans-Pacific Partnership on 01/09/2014 The study concluded that a sum of 2/3 of the economic benefits for the US economy and the other 11 partner countries that will be the output from IP-intensive manufacturing industries. They concluded as well that the more strong the protection of IP rights under the TPP, the bigger and greater the value of trade that leads to greater economic growth, additional jobs created, higher incomes and more developed countries. The reduction of tariffs and the IP provisions according to the US law and standards will cause a boost to the FTAs manufacturing exports in IP-intensive industries by 10.9 percent and the pharmaceuticals and medicines by 15 percent comparing to an average of 7.3 percent in most industries and just 3 percent in non IP-Intensive industries. The TPP is supposed to increase the US manufacturing exports by $26 billion and US GDP by 11 billion which will result by creating 48 000 additional jobs and more than two thirds of economical benefits would come from IPintensive industries.

e. Facts and statistics about the TPP: According to information provided by the Office of the United States Trade Representative and according to analysis supported by the Peterson Institute (a private, nonprofit, nonpartisan research institution devoted to the study of international economic policy.) the TPP agreement, with a market size of 793 million consumers and a combined GDP of $28.1 trillion in 2012 (39.0% of World GDP) should provide global income benefits of an estimated $223 billion per year, by 2025. Moreover, real income benefits to the United States are an estimated $77 billion per year. The TPP could as well generate an estimated $305 billion in additional world exports per year, by 2025, including an additional $123.5 billion in U.S. exports. U.S. Benefits from Trade with TPP Economies:    

U.S.-TPP Trade: $1.8 trillion in goods and private services in 2012 (37% of total) U.S.-TPP Trade Growth: Goods and services trade up 46% in the last 3 years (2009-2012) Foreign Direct Investment From TPP Countries in the U.S.: $620.3 billion (23% of FDI stock in the United States) TPP Foreign Affiliate Employment: 1.4 million Americans

 Roy Zwahlen. "TPP and IP: The Economic Benefits of a Pacific Trade Agreement." BIOtechNOW. N.p., 9 Jan. 2014. Web. 19 Apr. 2014. <http://www.biotech-now.org/public-policy/patentlybiotech/2014/01/tpp-and-ip-the-economic-benefits-of-a-pacific-trade-agreement#>.  "The Trans-Pacific Partnership: Economic Benefits." Office of the United States Trade Representative. N.p., Dec. 2013. Web. 18 Apr. 2014. <http://www.ustr.gov/about-us/pressoffice/fact-sheets/2013/December/TPP-Economic-Benefits>.

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Top U.S. Markets in TPP: Canada ($354 billion), Mexico ($243 billion), Japan ($116 billion) Jobs Supported by Exports: An estimated 4 million jobs were supported by U.S. goods and services exports to TPP countries in 2012. U.S. Small and Medium Sized Enterprise Exports in TPP: 97% of all goods exporting companies to TPP countries are SMEs (2011) SMEs accounted for 29% of the total value of goods exports to TPP countries in 2011 Goods Exports to TPP Countries: $689.1 billion (45% of total U.S. goods exports). Up 46 % from 2009.

Key Export Categories :( Goods 2012) Machinery ($109 billion) Electrical machinery ($83 billion) Vehicles ($82 billion) Mineral fuel (oil) ($58 billion) Plastics ($33 billion) Manufacturing Exports: $619 billion Up 52 % from 2009 Agricultural Exports: $59.2 billion in 2012 Up 36 % from 2009 Top Agricultural Exports: Corn ($5.7 billion) Pork and Pork Products ($4.3 billion) Soybeans ($3.6 billion) Beef and Beef products ($3.3 billion) Fresh fruit ($3.1 billion) Services Exports to TPP Countries: $172 billion in 2012 Over 27% of total U.S. services exports Up 34% from 2009

IV. Controversy a. Secrecy The most controversial issue about the TPP for many observers is the level of secrecy surrounding the negotiations. The level of secrecy surrounding the TPP is unparalleled by all measures. Up till now, the TPP was not brought to public debate and is rarely ever mentioned in mainstream media. Any information available to the public comes from two main sources: leaked drafts and rumors. The secrecy surrounding the Trans-Pacific deal has caused many doubts and protests among public health advocates, consumer groups and members of Congress. Many senators argued that groups essential to the success and legitimacy of the agreement are not being provided the opportunity to provide meaningful input on negotiations that should have broad policy ramifications, with one senator stating that “If the Congress and the broader public are not informed of the exact terms of the agreement until the conclusion of the process, then the opportunity for meaningful input is lost. The lack of transparency and input makes passage of trade agreements more contentious and controversial." The same senator also revealed that “more than 600 representatives of major corporations had the opportunity to view draft versions of the deal only because of their positions on government advisory boards, while only a few non-profit groups had the same opportunity. Not only that, but these members are not permitted to share information about the documents with the public. Furthermore, staff members from both Republican and Democratic congressional offices have also 88

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been denied access to the documents.” That claim doesn’t make the issue of the lack of transparency any better. The claims and accusations of lack of transparency didn’t only come from the U.S., in fact there are many other examples:  A group of Congress members in Peru presented a motion to demand a thorough and public debate on current TPP proposals and for trade delegates to give a comprehensive report on the ongoing negotiations. 

Chilean Senators recently called for a public debate on TPP, requesting the President to provide “timely and accurate” information on the affects of the agreement on their country.



In New Zealand, a Parliamentary member is demanding answers from the Prime Minister about the secrecy of the agreement and how its provisions could undermine consumer protection laws.



Canadian Member of Parliament Don Davies has called on the Prime Minister to give Parliamentary Member access to the TPP; especially in light of documents revealing how a small group of industry associations have had special access to Canada’s negotiating position.



The Malaysian Cabinet released a statement saying that would not be bound by a fixed timeline on TPP, and called for more transparency in the process. Malaysian opposition leader, Anwar Ibrahim, also attacked the TPP.

b. Scope Due to the scarcity of information and lack of public involvement in the TPP and the reliance on leaked information and leaked text and drafts from the agreement, there are many questions & doubts about the true scope of the agreement. Some even accusing the agreement of being “corporate led”. Anti-globalization advocates accuse the TPP of going far beyond tariff reduction and trade promotion, granting unprecedented power to corporations and infringing upon consumer, labor, and environmental interests. The over-involvement of corporations in the negotiations and lack of transparency from the government has also sparked claims that this agreement is being “used” by major corporations and multinational companies as an indirect way to push for changes in global rules and laws in order to avoid competition in some markets or to maintain monopoly of some industries, especially in medicine industries and pharmaceutics. And that major corporations are pressuring the government in order to go forward with the agreement for their own interests. “The majority of Congress is being kept in the dark as to the substance of the TPP negotiations, while representatives of U.S. corporations like Halliburton, Chevron, PhaRMA, Comcast and the Motion  "International Criticism Escalates Against TPP as Negotiations Go Further Underground." Electronic Frontier Foundation. N.p., 6 Sept. 2013. Web. 18 Apr. 2014. <https://www.eff.org/deeplinks/2013/09/international-criticism-escalates-against-tpp-negotiationsgo-further-underground>.  David Brodwin. "Obama's Pacific Trade Deal Is No Deal At All." US News. U.S.News & World Report, 19 Apr. 2013. Web. 18 Apr. 2014. <http://www.usnews.com/opinion/blogs/economicintelligence/2013/04/19/trans-pacific-partnership-strikes-a-blow-against-growth-and-sustainabledevelopment>.

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Picture Association of America are being consulted and made details of the agreement,” stated one senator in a floor statement to Congress.

privy

c. New international tribunals According to leaked drafts of the agreement, as part of its membership in the TPP, the United States would agree to exempt foreign corporations from many U.S. laws and regulations, placing the resolution of any disputes as to the applicability of those matters to foreign business in the hands of an international arbitration tribunal overseen by the Secretary General of the United Nations. This means that once the TPP is signed, government entities at all levels in the participating countries will have to alter many of their policies to conform to the agreement. This could result in dismantling some regulations and incentives that were enacted to support their local economies. A system of tribunals will be set up to hold governments to account. This would result in giving corporations the ability to sue governments to demand the relaxation of standards, and could claim damages and compensation from governments that fail to conform to the rules and regulations of the agreement. Under NAFTA, a similar tribunal system has already led to fines valued at hundreds of millions; under the TPP this would expand greatly. Although having international tribunals shouldn’t really seem as a problem judging by the size of the TPP and the large number of countries within the agreement, some can see this as a form of “undermining the sovereignty of the United States”. “Americans for Limited Government” (ALG), an organization known for defending the sovereignty of the United States, released a statement drawing attention to the leaked TPP agreement: “These new trade agreements will place domestic U.S. firms that do not do business overseas at a competitive disadvantage. Based on these leaked documents, foreign firms under this trade pact could conceivably appeal federal regulatory and court rulings against them to an international tribunal with the apparent authority to overrule our sovereignty. If foreign companies want to do business in America, they should have to follow the same rules as everyone else. No special favors.” 

Other voices in other countries have also pointed out to this. In Australia many argued that this would weaken sovereign power in favor of multinationals. Several opinions were voiced within the oil industry as well, with some claims that such a mechanism would allow oil companies to sue local authorities for imposing strict environmental regulations. Moreover, some concerns has been raised in Canada that cigarette companies could use the provisions to take governments to court over anti "Trans-Pacific Partnership Agreement." Electronic Frontier Foundation. N.p., n.d. Web. 18 Apr. 2014. <https://www.eff.org/issues/tpp>.  Michele Nash. "The Trans-Pacific Partnership Would Destroy Our National Sovereignty | Economy In Crisis." Economy In Crisis The TransPacific Partnership Would Destroy Our National Sovereignty Comments. N.p., 28 Dec. 2013. Web. 18 Apr. 2014. <http://economyincrisis.org/content/the-transpacific-partnership-would-destroy-our-national-sovereignty>.  Joe Wolverton, II, J.D. "TPP Secret Trade Agreement Puts International Tribunal Above U.S. Law." TPP Secret Trade Agreement Puts International Tribunal Above U.S. Law. The New American, 15 June 2012. Web. 18 Apr. 2014. <http://www.thenewamerican.com/usnews/constitution/item/11736-tpp-secret-trade-agreementputs-international-tribunal-above-us-law>.

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tobacco regulations and get the government to alter the rules for their favor. All the accusations and fears expressed by observers inside the U.S. and out of it point out in the direction that having separate international tribunals can possibly be misused by corporation who would aim to use it to pressure governments to alter many regulations to their benefits for expanded operations and more opportunities for profit.

d. Local Economic Development Programs & domestic industries There are several, yet unconfirmed fears surrounding the effects of the TPP on domestic U.S. industries and local businesses. According to leaked drafts, the proposed pact would ban state and local governments from extending preferences to locally-produced goods and services. "Buy American" programs would be forbidden in order to conform with the agreement’s new regulations. Local employers may not be supported like they were before. The same case for local farmers, they could not be favored anymore. State-run or state supported wouldn’t get the same privileges they used to get from the government.

e. Trade promotion authority The fast track negotiating authority, also called trade promotion authority or TPA since 2002, for trade agreements is the authority of the President of the United States to negotiate international agreements that the Congress can approve or disapprove but cannot amend and make changes to the agreements. This means that the president will negotiate and finalise an agreement with all its details with other parties (countries), and then propose it to the Congress. Congress would then vote for or against the agreement (Yes or No vote) without making changes or altering what the president has already negotiated with other parties. This authority is granted from the Congress to the President. It was in effect between 1975 and 1994, and was restored in 2002 by the Trade Act of 2002. It expired on July 1, 2007. Trade promotion authority has been linked with the TPP as part of the plans of the Obama administration for finalising the TPP deal. Another issue for the Congress right now is that the present negotiations are not being conducted under the formal trade promotion authority (TPA), although the Administration is informally following the procedures of the former TPA. If an implementing legislation for the TPP is brought to Congress, TPA needs to be seriously considered because the Congress would have very little to change about the agreement like we mentioned earlier. In addition, Members of Congress may wish to consider whether the current chapters in the agreement address their trade policy concerns and targets or not. Not to mention the agreement’s potential impact on the multilateral trading system. Advocates of free trade generally support trade promotion authority, because it can ease the passage of trade agreements through Congress. But there are several voices inside the Congress who refute the idea.

f. NAFTA-like The TPP is viewed as an expanded version of the NAFTA (North American Free Trade Agreement, a free trade agreement between the United States, Canada and Mexico, and the United States). The TPP despite including a larger number of members and a wider scope, it contains the same framework of the NAFTA in a number of ways in order to move forward with trade liberalization. The NAFTA despite its benefits to the U.S. economy, it has also had its fair share of shortcomings that were directly felt by a large number of US citizens due to the number of jobs that were lost  K. William Watson. "Stay Off the Fast Track: Why Trade Promotion Authority Is Wrong for the Trans-Pacific Partnership." Cato Institute. N.p., 19 Dec. 2013. Web. 18 Apr. 2014. <http://www.cato.org/publications/free-trade-bulletin/stay-fast-track-why-trade-promotionauthority-wrong-trans-pacific>.

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(estimated between 500,000-750,000 jobs lost) because of companies moving across the border to Mexico to get cheaper labor. Not only did it result in lost jobs, but the wages of employed workers were significantly suppressed. As a result, and according to numerous surveys, the majority of American citizens are against any future FTAs that are in any way similar to the NAFTA. This point has to be seriously put into consideration if U.S. policymakers are to go forward with the TPP as the U.S. will face serious challenges in avoiding the repeat of any of the problems caused by the NAFTA.

g. Labor One of the more controversial issues that the TPP partner countries are addressing is the scope and depth of current provisions on worker rights. Strong supporters of worker rights, such as labor unions and certain non-government organizations, are concerned about any possible failure to promote and implement these rights could lead to the imposition of low wages and poor conditions for workers by firms in those countries. This way, U.S. workers could be placed at a competitive disadvantage as they will compete against low-cost labor in other countries. Removing economic barriers without good and strict implementation of workers’ rights will only fall in favor of corporations who would find it easy and less costly to employ cheaper labor from other countries rather than American labor.

h. Intellectual Property Rights The TPP includes an intellectual property chapter, the US proposal of which was leaked by Congressman Darrell Issa in May, 2012. The current drafts available are from February 2011 and September 2011. TPP members agree that they will follow and expand upon the legal rights and obligations stated in the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and the agreement's discussions thus far have included trademark, geographical indication, copyright and related rights, patents, trade secrets, genetic resources, and traditional knowledge. However, this particular chapter of the agreement has been highly controversial. Opponents are insisting that provisions dealing with creation, invention and innovation would have extensive negative ramifications for users’ freedom of speech, right to privacy and due process and hinder peoples' abilities to innovate. Compared to existing multilateral agreements, the TPP Intellectual Property Rights chapter proposes the granting of more patents, the creation of intellectual property rights on data, the extension of the terms of protection for patents and copyrights, expansions of right holder privileges and increases in the penalties for infringements. In the eyes of opponents, the text in this chapter of the agreement minimizes the space for exceptions in all types of intellectual property rights. Therefore, they believe that the proposed text can possibly affect access to knowledge, access to medicine and innovation. It is argued that the very strict new rules under the TPP concerning copyrighted material would cause the price of medication to go up, which is extremely terrible news for residents of member states who cannot expensive prescriptions. According to the leaks, the U.S. demanded provisions that could possible strengthen pharmaceutical  Dean Baker. "The Trans-Pacific Partnership: Warnings From NAFTA | Op-Eds & Columns." CEPR. N.p., 18 Jan. 2014. Web. 18 Apr. 2014. <http://www.cepr.net/index.php/op-eds-%26-columns/opeds-%26-columns/the-trans-pacific-partnership-warnings-from-nafta>.  Ian F. Fergusson, and William H. Cooper. "The Trans-Pacific Partnership (TPP) Negotiations and Issues for Congress." Congressional Research Service. N.p., 13 Dec. 2013. Web. 19 Apr. 2014. <http://www.fas.org/sgp/crs/row/R42694.pdf>.

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monopolies on cancer, heart disease and HIV/AIDS drugs, among others, in the Asia-Pacific region. The leaked chapter suggests drug companies could easily extend and widen patents under the TPP, prohibiting some countries from producing life-saving pills and selling them for lower and more affordable prices. On the other hand, these strict IP rules would seem very pleasing for the music industry, technology countries, major IT companies, pharmaceutical companies and all types of IPintensive industries. But only for major corporations who would use these rules and restrictions to make more profits and avoid competition by smaller businesses.

Second Topic: Corporate Income Tax I. Introduction………………………………………………………….88 a. What’s a Corporation? b. What’s the corporate income tax?

II. Historical background and acts……………………………………88 a. First separate corporate income tax  "Leaked TPP Investment Chapter Presents a Grave Threat to Access to Medicines." Brook K. Baker. N.p., 11 Sept. 2012. Web. 19 Apr. 2014. <http://www.citizen.org/documents/Leaked-TPPInvestment-Chapter-Presents-a-Grave-Threat-to-Access-to-Medicines_3.pdf>.  "Secret Trans-Pacific Partnership Agreement (TPP) - IP Chapter." Secret TPP Treaty IP Chapter: Advanced Text with Negotiation Positions for All 12 Nations. Wiki Leaks, 13 Nov. 2013. Web. 18 Apr. 2014. <https://wikileaks.org/tpp/pressrelease.html>.

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b. Changes in the percentages of the corporate income tax c. Deductions from the tax d. Major changes to federal corporate income taxes e. Corporate Tax Revenue as a Percentage of GDP, 1950-2010

III. The structure of the corporate income tax………………………..92 a. The rates b. Tax expenditures c. Treatment of losses d. Corporate income abroad e. Taxation of shareholders

IV. International Comparisons…………………………………………95 V. Controversy…………………………………………………………..96 a. Arguments on lowering the corporate income tax: i. Possible effects on unemployment 1. Previous improvements in the unemployment rate after lowering the income tax rate 2. Statistics proving damage to workers and workers’ wages ii. Possible effect on inner and outer investments 1. U.S. business moving overseas 2. U.S. companies storing their foreign earnings outside the U.S. 3. Chances of increased international investments 4. Possible contribution to economic expansion and investments 5. Providing “certainty” for U.S. businesses

iii. Possible effect on U.S. budget (budget deficit) 1. Positive effects on the GDP 2. Current rate minimizing revenue for corporations and U.S. government

VI. Arguments against lowering the corporate income tax rate……….100 a. History & statistics proving low unemployment rates b. Cutting jobs c. The corporate tax rate vs. jobs debate d. Current corporate profits vs. unemployment e. Raising the budget deficit f. Corporations having enough cash to afford the current rate g. Increases in jobs despite current rate

VII. Options for Reform………………………………………………..102 94

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a. Broader tax base b. Integration of the Corporate and Individual systems c. Other options for reducing “Double Taxation” of corporate income d. Taxation pf pass-through income

Second Topic: Corporate Income Tax I. Introduction a. What’s a “Corporation”? A corporation is a legal entity that is separate and distinct from its owners. Corporations enjoy most of the rights and responsibilities that an individual possesses; that is, a corporation has the right to enter into contracts, loan and borrow money, sue and be sued, hire employees, own assets and pay taxes. The most significant and important aspect of a corporation is limited liability. That is, 95

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shareholders have the right to participate in the profits, through dividends(1) and/or the appreciation of stock(2), but are not held personally liable for the company's debts. Corporations are commonly known as "C Corporations."

b. What’s the “corporate income tax”? The corporate income tax generally only applies to C corporations (also known as regular corporations). These corporations are generally treated as taxable entities separate from their shareholders. This means that the corporate income is taxed once at the corporate level according to the corporate income tax system. Furthermore, when corporate dividend payments are made or capital gains are realized income is taxed again at the individual-shareholder level according to the individual tax system. This treatment leads to the so-called “double taxation” of corporate profits. In contrast, non-corporate businesses, including S corporations and partnerships pass their income through to owners who pay taxes. Collectively, these non-corporate business entities are referred to as “pass-throughs”. For these types of entities, business income is taxed only once, at individual income tax rates unlike corporations who are taxed twice as we previously mentioned. (1) Dividend: is a payment made by a corporation to its shareholders, usually as a distribution of profits. (2) Appreciation: generally, this term can be used to refer to an increase in any type of asset including stocks, bonds, currency or real estate. (3) Capital gains: An increase in the value of a capital asset (investment or real estate) that gives it a higher worth than the purchase price. The gain is not realized until the asset is sold. A capital gain may be short term (one year or less) or long term (more than one year) and must be claimed on income taxes.

II. Historical background and acts: The first federal income tax was levied by Congress from 1862-1872 to pay for the Civil War, but then it was replaced by a tariff (a tax on imported goods that raises prices for consumers to advantage domestic producers). The federal income tax (a 2% flat tax on incomes above $4,000, including corporate income) was revived by Congress in the Income Tax Act of 1894, which the Supreme Court declared unconstitutional in 1895 in Pollack v. Farmers’ Loan & Trust. In a 5-4 decision, the justices ruled that federal taxes on personal income are "direct taxes," a class of taxes that Article I, Section 2, Clause 3 of the Constitution requires be "equally apportioned among the states according to population." According to the Wall Street Journal, imposing personal income taxes equally among states is "obviously impossible," because state populations vary widely and fluctuate from year to year. In a June 16, 1909 address to Congress, President William Howard Taft proposed simultaneous actions: a constitutional amendment allowing the federal government to levy a personal income tax and a separate federal tax on corporate income. The Corporation Excise Tax Act of 1909 imposed a 1% tax on corporate income above $5,000. On Feb. 3, 1913, Congress passed the 16th Amendment, giving Congress the "power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States…"

 "What Is a Corporation? Definition and Meaning." BusinessDictionary.com. N.p., n.d. Web. 18 Apr. 2014.  "Federal Corporate Income Tax Rates, Income Years 1909-2012." Tax Foundation. N.p., 6 July 2012.

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a. First separate corporate income tax: From 1909 - the first year the federal government levied a separate corporate income tax - to 1935, corporations paid a fixed percentage of their income in taxes regardless of how much they made (although taxes were usually exempted for the first several thousand dollars). From 1936 to today, the number of federal corporate income tax 46 brackets has increased from two to eight. Corporations today pay a 15% tax rate on the first $50,000 in income, up to 35% on all income above $18.33 million. The corporate income tax reached its peak in 1968-1969, when all income over $25,000 was taxed at a rate of 52.8%.

b. Changes in the percentages of the corporate income tax: Corporate income taxes rose from 12.3% of total government revenue in 1934 (the first year data are available) to a peak of 39.8% in 1943, before steadily declining through 1986 to 8.2%. Corporate income tax receipts rose to 14.7% of revenue in 2006 before declining to 8.3% in 2011. As a percentage of US Gross Domestic Product (GDP), corporate income taxes rose from 0.6% in 1934 to a peak of 7.2% in 1945, before declining to 1.2% in 2011. The US unemployment rate for persons 16 years of age and older rose from 3.9% in 1947 (the first year data are available) to 6.8% in 1958. The rate steadily declined to 3.5% in 1969, but then rose to a historical peak of 9.7% in 1982. The unemployment rate declined again to 4% in 2000, and it increased again to the Oct. 2012 rate of 7.5%. The United States, as of Dec. 13, 2012, has the highest top federal corporate income tax rate in the Organization for Economic Co-operation and Development (OECD)* - at 35%, with Belgium (34%), France (34.4%), Australia (30%), Japan (30%), Mexico (30%), Spain (30%), New Zealand (28%), Norway (28%), and Italy (27.5%) rounding out the top ten. Even after accounting for additional state-level corporate income tax rates, the United States remains on top (39.1%). Since 1997, 30 of the OECD member counties have lowered their statutory (written) corporate income tax rates, creating an average tax burden of 25.1%.ď&#x192; *OECD : The Organization for European Economic Cooperation (OEEC) was established in 1948 to run the US-financed Marshall Plan for reconstruction of a continent ravaged by war. By making individual governments recognize the interdependence of their economies, it paved the way for a new era of cooperation that was to change the face of Europe. Encouraged by its success and the prospect of carrying its work forward on a global stage, Canada and the US joined OEEC members in signing the new OECD Convention on 14 December 1960. The Organization for Economic Cooperation and Development (OECD) was officially born on 30 September 1961, when the Convention entered into force.

c. Deductions from the tax: Businesses, however, rarely ever pay the statutory corporate income tax rate, due to a wide variety of tax exemptions, preferences, and deductions. The "effective tax rate" is defined as the "ratio of tax paid to pre-tax profits for a given period," according to the Tax Foundation. Effective tax rates, therefore, measure "the real tax cost of investment and reflect the corporate tax burden." In 2011, the effective corporate tax rate in the United States was 29.2% (including state and local taxes), roughly in line with the 31.9% average of the six other largest developed economies (Canada, France, Germany, Italy, Japan, and the UK), and fourth highest among the 34 OECD countries. Of the 500 large cap companies (a market capitalization value of more than $10 billion) in the Standard & Poor

ď&#x192; "Federal Corporate Income Tax Rates, Income Years 1909-2012." Tax Foundation. N.p., 6 July 2012.

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(S&P) stock index, 115 paid a total corporate tax rate – federal and state combined – of less than 20% from 2006-2011, and 39 of those companies paid a rate of less than 10%. From 1909 through 1945, Congress consistently raised the corporate income tax, and despite a brief decrease from 1945-1952 to encourage business growth following World War II, continued to raise it through 1978. In 1942, in the midst of World War II, US President Franklin Roosevelt said "when so many Americans are contributing all their energies and even their lives to the nation's great task, I am confident that all Americans will be proud to contribute their utmost in taxes." From 1940 to 1942 alone, Congress passed four separate Revenue Acts which raised top marginal corporate income tax(*) rates (The amount of tax paid on an additional dollar of income. It increases for an individual will increase as income rises) from 19% to 40%. President Lyndon Johnson, citing the need to approve "a sensible course of fiscal and budgetary policy" and unwilling to gut his comprehensive entitlement programs to pay for the Vietnam War, signed into law the Revenue and Expenditure Control Act of 1968. This act created a temporary 10% income tax surcharge on corporations and increased the top marginal tax rate from 48% to 52.8%. Congressional Chair of the House Ways and Means Committee and fiscal conservative Wilbur Mills (D-AR), an ardent skeptic of corporate tax increases, called the act "fiscal activism” and 49 agreed to its passage only after a concurrent 10% cut in federal discretionary spending.  *Marginal tax rate: The amount of tax paid on an additional dollar of income. The marginal tax rate for a corporation will increase as income rises

Federal Tax Code Length, 1913-2012

(1) Number of pages Source: "2012 CCH Whole Ball of Tax,"

federal

tax

code,

1913-2012

d. Major changes to federal corporate income taxes: The 1980s saw four major changes to federal corporate income taxes. The most consequential change, the Tax Reform Act of 1986, reduced the number of corporate income tax brackets from seven to five and slashed rates for all businesses while eliminating $30 billion annually in corporate  "Federal Corporate Income Tax Rates, Income Years 1909-2012." Tax Foundation. N.p., 6 July 2012.

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tax loopholes. Bill Bradley, a Democratic Senator from New Jersey who worked to pass the legislation, said that "the trade-off between loophole elimination and a lower top rate became obvious (the lower the rate, the more loopholes had to be closed to pay for it)… The bipartisan coalition produced a bill that... led to more… economic competitiveness." Former Republican Senator Alan Simpson, in a statement blasting the act, stated that "the tax reform of 1986 [closed] loopholes that resulted in the largest corporate tax hike in history… Reagan raised taxes 11 times in eight years!" From Oct. 1986, when the Tax Reform Act of 1986 lowered the top marginal corporate income tax rate from 46% to 34%, to Aug. 1993, when rates were increased on businesses earning over $10 million, the federal unemployment rate remained at 6.6%. On Aug. 10, 1993, President Bill Clinton signed into law the Omnibus Budget Reconciliation Act, which created four new corporate tax brackets with increased rates for businesses with incomes over $335,000. Vice President Al Gore, in a statement hailing the bill’s passage, said "[This bill] means jobs, growth, tax fairness… It’s a message of hope to the small business owner and 96% of all small businesses who will get a tax cut under this plan." The bill was attacked by United States Chamber of Commerce president Richard Lesher, who said that the corporate tax increases would "slow economic growth and fuel inflation..." and that "foreign competitors would gain an economic advantage over American goods here and abroad." A group of 300 major corporations and trade associations known as the Tax Reform Action Coalition said it "strongly opposed Mr. Clinton’s move to increase the top rates for… corporate taxes." From the passage of the bill until the end of Clinton’s term, the US economy gained more than 21.4 million jobs, the unemployment rate fell from 6.8% to 3.9%, industrial production rose by 5.6% per year, and the Dow Jones Industrial average rose 26.7% per year. The tax brackets and rates created by the bill remain in place today. The corporate tax rate became a topic of discussion in the lead-up to the 2012 presidential election, as President Barrack Obama and Republican candidate Mitt Romney outlined their preferred policies. According to the Feb. 2012 "President’s Framework for Business Tax Reform,” released jointly by the White House and the Department of Treasury, the United States should "[reduce] the top corporate tax rate from 35% to 28%... and [eliminate] dozens of business tax loopholes and tax expenditures..." Romney's budget plan called for reducing the top corporate tax rate to 25% to "jumpstart the economy." 

e. Corporate Tax Revenue as a Percentage of GDP, 1950-2010

 "Federal Corporate Income Tax Rates, Income Years 1909-2012." Tax Foundation. N.p., 6 July 2012.

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(2) Source: Michael Diedrich, "Graph of the Day: Jobs and Taxes," mn2020hindsight.org, Oct. 20, 201

III. The Structure of the corporate income tax The corporate income tax is originally designed as a tax on corporate profits or the net income of the corporation. Furthermore, corporate profit is total income minus the cost that contributes to generating that income. However, there are some business expenses that may be deducted from income like employee compensation; the decline in value of machines, equipment, and structures (i.e., depreciation); general supplies and materials; advertising; and interest payments. The corporate income tax also allows for a number of other special deductions, credits, and tax preferences. Most of the time, these provisions are intended to promote particular policy goals, as deductions reduce taxes paid by corporations. A corporation’s tax liability can be calculated as: Taxes = [(Total Income – Expenses)(1 – p) × t] – Tax Credits, where t is the statutory tax rate and p is the Section 199 production activities deduction. The Section 199 deduction effectively lowers the corporate tax rate for those corporations engaged in domestic manufacturing activities.

a. The rates In the United States, most of the corporate income is subject to a 35% statutory tax rate. To generate this flat rate, which applies to the largest businesses, income is taxed at rates that vary from 15% on the first $50,000 of income to 35% on income over $18,333,333.6. This rate structure benefits smaller corporations, encouraging some small firms to incorporate to take advantage of scenarios where paying corporate taxes is less costly than paying according to the individual tax system. The corporate tax rate can increase above the 35% rate for two main income brackets. Firstly, the Corporations with taxable income between $100,000 and $335,000 are subject to a 39% tax rate, and corporations with income between $15,000,000 and $18,333,333 are subject to a 38% tax rate. These  Mark, Keightley. The Corporate Income Tax System: Overview and Options for Reform. Rep. no. R42726. N.p.: Congressional Research Sevice, 2014. Web. <http://www.fas.org/sgp/crs/misc/R42726.pdf>.

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“bubble” brackets increase the effective tax rate(*) for higher-income corporations by offsetting any tax savings they would realize from having the first $75,000 in income taxed at lower rates. *Effective tax rate: the rate of taxes actually collected from tax payers, which is usually lower than the statutory rate. One of the main controversial aspects in the debate over the corporate tax is that the 35% tax rate is too high. This rate is the statutory federal tax rate, defined as the legally imposed rate on taxable income. However this rate alone does not determine how much corporations pay in taxes. That is mainly due to a number of business tax benefits like deductions, credits and exemptions in the corporate tax system that result in making the effective (actual) tax rate paid by corporations to be less than the statutory rate. These tax benefits are known as “tax expenditures”

b. Tax Expenditures The corporate tax system contains a variety of incentives designed to encourage certain types of behaviors and assist certain businesses. These incentives are formally known as corporate tax expenditures and include special credits, deductions, exemptions, exclusions, and tax rates that result in revenue loss for the federal government. Some of the largest corporate tax expenditures include accelerated depreciation, deductions to businesses that engage in domestic production activities (Section 199 deduction), and the deferral of income earned abroad. Tax expenditures however are not exclusive to the corporate tax system. In fact, tax expenditures result in nearly eight times the revenue loss to the federal government. As a result, some has called for reduction to tax expenditures. In 2013, the sum of all corporate tax expenditures amounted to $149.5 billion.

This table (1) shows the top 10 largest corporate tax expenditures in 2013:

 Mark, Keightley. The Corporate Income Tax System: Overview and Options for Reform. Rep. no. R42726. N.p.: Congressional Research Sevice, 2014. Web. <http://www.fas.org/sgp/crs/misc/R42726.pdf>.

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Nearly 75% of the value (cost) of all corporate tax expenditures is attributable to these 10 provisions. The largest corporate tax expenditure in 2013 was the deferral of active income of controlled foreign corporations with an estimated revenue loss of $42.4 billion, which represents 28.4% of the total revenue losses associated with corporate tax expenditures.

c. Treatment of losses Any corporation that loses money in a particular year experiences what is known as a net operating loss (NOL). No corporate tax is due when a company has a NOL because they do not have profits (this is when total income less expenses is negative).ď&#x192;

d. Corporate Income Abroad Under current law, corporations are allowed a credit, known as the foreign tax credit, for taxes paid to other countries. Moreover, corporations are not required to pay U.S. tax on overseas income until income is sent back to the United States. The taxation of American corporations with overseas

ď&#x192; Mark, Keightley. The Corporate Income Tax System: Overview and Options for Reform. Rep. no. R42726. N.p.: Congressional Research Sevice, 2014. Web. <http://www.fas.org/sgp/crs/misc/R42726.pdf>.

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operations is another important part of the corporate tax. The U.S. taxes American corporations on their worldwide income. This approach to taxation is known as worldwide tax system.

e. Taxation of shareholders The after-tax profits of a corporation are typically subject to tax again when shareholders receive dividend distributions like we previously mentioned. Under the current law, the tax rate on dividends is 0%, 15%, or 20% depending on a taxpayer’s ordinary income tax bracket. Taxpayers with an ordinary income tax rate of 15% or less pay the 0% rate on dividends. Taxpayers in the 25%, 28%, 33%, and 35% tax brackets are subject to a 15% tax rate on dividends. The 20% top rate applies to taxpayers in the 39.6% income tax bracket (single filers with taxable income above $400,000; married filers with taxable income above $450,000). Shareholders must also pay taxes on any capital gains they realize from selling shares that have appreciated in value.

IV. International Comparisons Many comparisons are made between corporate tax rates in the United States and other systems around the world. The comparison is usually made around statutory rates. However, most economists generally prefer to compare effective tax rates when making international comparisons. The main reason behind this is that every country has a different tax system, and the statutory tax rate is just one component of each system. Some countries may have higher or lower rates or allow for faster capital recovery, some other countries may offer corporate tax credits which not offered by other countries...etc. Effective tax rates attempt to account for all the system differences and are more indicative of the tax burden in each country.

Despite the fact that the statutory rate is higher in the United states that the OECD countries, the effective rate (the actual percentage collected) is nearly the same , which is a key fact used by opponents of the current rate, stating that this shows that the current system and the current rate are “inefficient”  Mark, Keightley. The Corporate Income Tax System: Overview and Options for Reform. Rep. no. R42726. N.p.: Congressional Research Sevice, 2014. Web. <http://www.fas.org/sgp/crs/misc/R42726.pdf>.  Jane, Gravelle. International Corporate Tax Rate Comparisons and Policy Implications. Rep. no. R41743. N.p.: Congressional Research Sevice, 2014. Web. <http://www.fas.org/sgp/crs/misc/R41743.pdf>.

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Furthermore, corporate tax revenues in U.S. are also below the average of all OECD member countries. In 2011,The average OECD member collected corporate taxes equal to 3.0% of GDP compared to the U.S. which collected revenues equal to about 2.3% of GDP. Corporate tax receipts in the United States have been well below the OECD average since 1997, and before that they were a bit close to the OECD average. Aside from a few outliers, most OECD countries collect revenue within a couple percentage points of each other.

V. Controversy The federal income tax was first created in 1909, when back then the uniform rate was 1% for all business income above $5,000. Since then the rate has increased to as high as 52.8% in 1969, and the single rate has become eight different rates for different income levels. Today's rate for companies with over $18.3 million in income (the top category) is 35%. Throughout US corporate tax history, Americans have debated whether or not lowering the rate results in job creation. Proponents of lowering the corporate tax rate to create jobs argue that it helps in job creation in the United States instead of overseas, encourages increased investment in research and infrastructure, and passes savings on to consumers through lower prices. They say that the United States already has the highest corporate income tax rates in the world, which creates a competitive disadvantage for US businesses. On the other hand, opponents of lowering the corporate tax rate to create jobs argue that it results in more profits for corporations without affecting job creation, and that unemployment rates were the lowest in recorded US history during the time when corporate income tax rates were highest. They say that lowering the rate would increase the US deficit, and that companies hire employees based on need, not because of corporate tax rates. 104

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a. Arguments on lowering the corporate income tax rate: The arguments on whether the corporate income tax should be lowered or not revolve mainly around 3 important issues: 1. Possible effect on unemployment. 2. Possible effect on inner & outer investments. 3. Possible effect on the U.S. budget (budget deficit). The current 35% federal corporate income tax rate has been considered as a serious obstruction to US competitiveness, economic growth, and American households' standard of living. Over the past several decades, most other developed countries have reduced their corporate income tax rates, some sharply, leaving the United States with one of the highest corporate income tax rates among developed countries.

Possible effect on unemployment :

The accelerating rapidity of globalization over the last several decades has also push a rethinking of how the corporate income tax affects workers. While many economists once thought that corporate income tax affects only investors by lowering their after-tax returns, a growing body of recent research proved them wrong by indicating that workers endure a significant share of the corporate income tax in the form of reduced employment opportunities and lower wages. These studies are recent and have received some doubtful responses though the studies generally suggest that workers bear 40% to 75% of the burden of the corporate tax. If US workers, for example, bear 50% of the corporate tax, workers’ compensation would be reduced by $100 billion to $200 billion in aggregate (1.2% to 2.4% of total compensation) at the average level of corporate taxes between 2000 through 2010. Consequently the number of economists and policymakers who believe globalization has shifted a significant percentage of the tax burden to labor increased. For example, the US Treasury Department which for decades assumed corporate tax rates had no effect on labor, now assumes 25% of the incidence of corporate tax is borne by workers. One modulation of this view is that workers have a stake in ensuring that the US corporate tax rate is competitive on the global level. This research suggests looking beyond the corporate income tax system for the revenues needed to reduce the corporate tax rate which will help in attracting investment to the United States, and eventually increasing employment as when more investment are made by companies this leads to more capital flowing into the US economy. In turn, workers have more capital – newer computers, updated facilities and technologies, additional research – with which to work. This translates into more jobs, higher worker productivity and ultimately, higher living standards. 

1) Previous improvements in the unemployment rate after lowering the income tax rate  Mark Ahlseen, "Why Government Can’t Create Jobs,” fee.org, accessed Dec. 4, 2012

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The average five-year unemployment rate decreased from 1987-1991 after the lowering the top corporate income tax rate. During Ronald Reagan's presidency (1981-1988), the Tax Reform Act of 1986 (implemented in July 1987) lowered the top federal corporate income tax rate from 46% to 34% leading to average unemployment rate of 8.2% from 1982-1986 and of 5.9% from 1987-1991

2) Statistics proving damage to workers and workers’ wages Raising corporate income taxes could result in lowering worker wages, which will eventually lead to increased unemployment. Using 1970-2007 data from the United States, a Tax Foundation study found that hourly wages can be expected to fall by roughly $2.50 as an effect of every $1 increase in state and local corporate tax revenues, Lower wages for workers results in a decreased ability to buy goods, which leads to lower income for businesses and a net increase in unemployment.

ii.

Possible effect on inner & outer investments.

A lower corporate income tax rate would promote US economic performance by encouraging additional investment and capital formation in the US as lowering corporate income tax rate means reducing the tax on the return to savings and investment in the US economy. Consequently, it would provide a greater incentive for investment by US companies and also make the United States a more attractive place for foreign-headquartered companies to invest in. A recent Organization for Economic Cooperation and Development (OECD) study states that corporate income taxes, of all the different types of taxes, are most harmful to economic growth, assuring their effect on capital accumulation. The study notices that the counter effects increase with the openness of the economy, although investment is affected across all firms. Changes in capital investment presented in increasing the amount or productivity of existing US companies or encouraging location of a new manufacturing or research facility in the US and its related employment and other economic activities are referred to as real responses to the tax system. They involve a change in the level of resources employed in the US. In contrast, financial responses involve the shifting of income and expenses between affiliated entities in different jurisdictions. Such responses might involve, for example, changes in a firm's financial structure or changes in the location of intangibles. Real responses are generally considered as more significant because they involve a essential change in the level of resources employed in the economy, while financial responses, often tax- rate motivated, involve basically the shifting of taxable income or deductions. nevertheless, the statutory corporate income tax rate influence both types of responses in the US relative to the statutory tax rates in other countries and both affect the revenues that can be collected by the US government from its corporate income tax. That is, lowering the corporate tax rate can help reduce the distortionary effects of taxes for both types of responses.  Government Printing Office, "How Business Tax Reform Can Encourage Job Creation: Hearing before the Committee on Ways and Means," gpo.gov, June 2, 2011  Albert Wijeweera, "Corporate Tax Rates and Foreign Direct Investment in the United States," Applied Economics, Oct. 30, 2009

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1.U.S. businesses moving overseas Huge number of U.S. businesses moves overseas due to occurring of one of the highest statutory federal corporate income tax rates in US. At 35%, the United States is tied for the second highest topbracket federal corporate income tax rate in the world behind Antigua & Barbuda and Congo, with a higher "effective" corporate tax rate (27.6%) than 164 out of 183 other countries. These high tax rates push American companies to relocate their employees overseas. For example, AON*, a company with $11.28 billion in 2011 revenue that moved its headquarters from Chicago to London in 2012, because this move would reduce its tax rate by five percentage points, increase its profits by about $100 million annually, and allow them to expand by hiring more employees. ď&#x192; *AON plc is a British multinational corporation headquartered in London, England, that provides risk management, insurance and reinsurance brokerage, human resource solutions and outsourcing services

2. U.S. companies storing their foreign earnings outside the U.S. As a result of high corporate income tax rates ,US companies were encouraged to store their foreign earnings abroad instead of investing it into expansion and employment in the United States. A May 16, 2012 study by J.P. Morgan found that 60% of the cash held by 602 US multi-national companies is sitting in foreign accounts and estimated that $663 billion would be invested into business expansion and job growth in the United States if an income tax cut is offered to companies that return this cash.

3. Chances of increased international investments Lowering corporate income taxes may eventually result in increased international investment in the United States and therefore more jobs. According to a 2006 peer-reviewed study of corporate tax rates and foreign investment (FDI) in 85 countries, an increase in foreign direct investment equivalent to 2.2% of the country's Gross Domestic Product (GDP) could result from a 10% reduction in the corporate income tax rate and that investment money can be used by US businesses to invest and expand their workforce if a tax cut took place.

4. Possible contribution to economic expansion and investments President Obama's top economic advisory task force previously linked economic expansion, investment, and job growth with lowering the statutory corporate income tax rate. The President's Economic Recovery Advisory Board (PERAB), in its Aug. 2010 paper titled "The Report on Tax Reform Options: Simplification, Compliance, and Corporate Taxation," states that a high corporate tax rate "causes or exacerbates many... significant economic distortions." The report calls for reducing the rate of the top two corporate tax brackets to "increase the stock of available capital new businesses, factories, equipment, or research - improving productivity in the economy," and says that it would decrease the incentives of US companies to shift operations and employees abroad.

ď&#x192; Albert Wijeweera, "Corporate Tax Rates and Foreign Direct Investment in the United States," Applied Economics, Oct. 30, 2009

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5. Providing â&#x20AC;&#x153;certaintyâ&#x20AC;? for U.S. businesses High corporate tax rates can create uncertainty for businesses, preventing them from investing and employing more people. Bank of America CEO Brian Moynihan said lowering corporate income tax rates could result in providing "certainty premium" that would allow businesses to expand. "If we can just allow people to keep their confidence up by getting some of these issues off the table," he said, "you would see the economy grow and momentum continue to build, and unemployment continue to ease down... All that will continue to build on itself."

Possible effect on the U.S. budget (budget deficit).

1. Positive effects on the GDP Lowering the corporate tax rate leads to economic growth and job creation as a result of having more money to invest. According to a June 2010 peer-reviewed study by UC Berkeley Political Economy Professor David Romer, and former head of Obama's Council of Economic Advisers Christina Romer, a tax cut that increases corporate or personal income equivalent to one percent of GDP increases GDP by between 2-3%, A tax increase of one percent of GDP lowers GDP by roughly three percent.

2. Current rate is minimizing revenue for the corporations and the U.S. government as well. Many economists believe that the current federal corporate income tax rate is above the rate that maximizes revenue to corporations and the US government, which prevent additional job growth. The "Laffer" curve theorizes that at a 0% tax rate the government would not receive any revenue and at a 100% tax rate businesses would choose not to operate at all. According to several peer-reviewed studies on the Laffer curve, the corporate income tax rate that can maximize revenue to both corporations and the US government is 30%, lower than its current rate of 35%. That excess revenue can be used by businesses to invest and expand.

VI. Arguments against lowering the corporate income tax rate: a. History & some statistics proving low unemployment rates The US history has witnessed the lowest unemployment rates when the corporate income tax was the highest. From 1951, when the top marginal corporate income tax rate rose from 42% to 50.75%, to 1969, when rates peaked at 52.8%, the unemployment rate increased only 0.2 %. However when the

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top marginal corporate income tax rate declined from 46% to 35% from 1986 to 2011, the unemployment rate increased from 7% to 8.9%. 

b. Cutting jobs A *tax holiday in 2004, which temporarily lowered the corporate income tax rate for companies that retrieved back cash stored overseas, lead to cutting jobs. In 2004, Congress passed a repatriation tax holiday that allowed companies to bring back profits earned abroad at a 5% income tax rate instead of the top 35% rate. Consequently, fifteen of the companies that benefited the most from the tax holiday subsequently cut more than 20,000 net jobs. *Tax holiday: A government incentive program that offers a tax reduction or elimination to businesses. Tax holidays are often used to reduce sales taxes by local governments, but they are also commonly used by governments in developing countries to help stimulate foreign investment. Adding to that these facts, many people believe that companies hire employees because they need workers, not because of corporate income tax rates. According to a Nov. 15, 2011 blog post from billionaire Dallas Mavericks owner Mark Cuban, "you hire people because you need them. You don't hire them because your taxes are lower." In a July 2011 survey of 53 prominent American economists, 65% said that lack of demand was the main reason why employers were not hiring new employees as compared to 27% who said that uncertainty about corporate taxation was the main reason.

c. The corporate tax rate vs. jobs debate America comes in the second place in corporate tax rate in the rich world. But most American businesses don’t pay it. The President is suggesting that the corporate tax rate drop from 35% to 28%. But this rate is paid from a few of the biggest US businesses ; indeed, most are paying much less – 115 of the companies in the S & P 500 paid less than 20% in tax over the last five years. And 39 firms paid less than 10%... General Electric, a multi-national corporation with net income of $14.16 billion, paid an effective tax rate of 7% in 2010. A 2011 study comparing the effective tax rates of the 100 largest US multinationals to the 100 largest European Union [EU] multinationals during the period of 2001-2010 found that EU multinationals have a higher average effective tax rate despite having to pay a lower statutory rate. That gets at the key issue: basically, lower taxes aren’t the reason in the businesses' choice to invest or not... Consider the recently released Harvard Business School study looking at insourcing and outsourcing decisions among 10,000 alumnae who are running American businesses. The key reason for outsourcing was a combination of cost rather than labor cost, but, proximity to market, and (most importantly) better worker skill sets abroad. In order for America to create jobs at home, we need to look beyond corporate income tax, reform education and develop workers who can do the sort of jobs businesses need them to do... Nobody ever stopped

 Robert Carroll, "Corporate Taxes and Wages: Evidence from the 50 States,” taxfoundation.org, Aug. 2009

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investing because of high taxes."ď&#x192;

d. Current corporate profits vs. unemployment Corporate profits in the United States are the highest they have been in 61 years, yet the federal unemployment rate is higher than most of the rest of the developed world. In 2011, corporate profits made up 10% of US GDP, the highest percentage since 1950. In 2011, the US unemployment rate was 8.9% compared to the OECD (Organization of Economic Cooperation and Development) average of 8.2%. Despite the highest corporate income tax in the world, corporate income tax revenue only brought the US federal government the equivalent of 1.2% of GDP in 2011 (the lowest percentage in recorded history), compared to the OECD average of 2.9% in 2010. So some may ask: why should we even bother to lower the current rate?

e. Raising the budget deficit Lowering the corporate tax rate raises the deficit, which hurts job creation and reduces the amount of money the US government receives in tax revenue, consequently reduces federal government programs, investments, and job-creating opportunities. When the Tax Reform Act of 1986 reduced the top marginal rate from 46% to 34%, the federal deficit increased from $149.7 billion to $255 billion from 1987-1993.

f. Corporations having enough cash to afford the current rate Complaints about high federal corporate income tax rates causing high unemployment may seem unreasonable to some people because it is believed that corporations are sitting on record amounts of cash .As of Oct. 23, 2012, large companies listed in the S&P 500 are holding onto $1.5 trillion in cash (14% of their total value), the highest amount in American history. This cash is not used to hire more employees and lower the unemployment rate although it could be. President Obama, in a July 22, 2009 press conference, stated "there have been reports just over the last couple of days of... companies making record profits, right now. At a time when everybody's getting hammered, they're making record profits."

g. Increases in jobs under the current rate 15 million jobs were added by the US in the five years immediately following a large federal corporate income tax increase in 1993. The Omnibus Budget Reconciliation Act of 1993 added three new corporate tax brackets and increased the income tax rates for corporations making income over $10 million. However after that the US economy added more than 15 million jobs and grew at an average annual rate of 3.8%.

VII. Options for Reform a. Broader Tax Base ď&#x192; Reuven Avi-Yonah and Yaron Lahav, "The Effective Tax Rate of the Largest US and EU Multinationals," University of Michigan Program in Law and Economics, law.bepress.com, Oct. 2011

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Along the options being generally discussed in many circles is reducing the top corporate tax rate and make up for the revenue loss by increasing the amount of income subject to tax, which is referred to as “broadening the tax base”. However, the decrease in the tax rate will be limited by how much the tax base can be expanded. There have been many suggestions that cutting the corporate tax rate below its current top rate of 35% could increase revenue. However there were some critiques for this, including a Congressional Research Service report which stated that “literature that purportedly supports this argument and found that the claims that behavioral responses could cause revenues to rise if rates were cut does not hold up on either a theoretical or an empirical basis.” So this remains debatable. The Joint Committee on Taxation (JCT) has estimated that relying solely on elimination of corporate tax expenditures, the rate could be reduced to 28%. The top corporate rate could be reduced further if other changes were made in addition to eliminating all corporate tax expenditures. For example, the deductibility of interest, which is not a tax expenditure, could be restricted or eliminated, which would add to the tax revenue collected. Moreover, additional revenues could be raised through the normal individual income tax system to compensate for a corporate rate reduction. There are numerous examples of such options like higher capital gains tax rates, accrual taxation of gains on corporate stock, and modest taxes on retirement savings (which would benefit from corporate rate reductions), also there could be some changes made to tax preferences available to non-corporate businesses, and other reforms to business taxation. In the mean time, if the corporate tax rate is reduced, and tax reforms to the non-corporate sector are enacted, some business activity may prefer to return to the corporate sector, which will eventually lead to broadening the base. Other business tax reforms may include changes to the taxation of American multinational corporations operating overseas. If these reforms reduced profit shifting to low-tax countries (corporations leaving the United States in order to avoid high tax rates), the domestic corporate tax base might expand.

b. Integration of the Corporate and Individual Tax systems Many economists argue that the idea of subjecting corporate income to two levels of taxation introduces a number of economic distortions and leads to much inefficiency. The current tax treatment of corporate income leads to similar corporate and non-corporate business being taxed differently. The distortions created by the corporate tax could be reduced by combining, or integrating, the corporate and individual tax systems. There are a number of ways and degrees to which integration could be pursued concerning this. In general, integration of the corporate and individual tax systems would be expected to reduce federal revenues. Therefore, additional revenueraising options must be considered. For example, one of the integration approaches supports the elimination of the corporate tax and allocating earnings directly to shareholders in a manner similar to which partnerships and S corporations allocate income to their partners and shareholders. In effect, C corporations, partnerships, and S corporations would be treated the same for tax-purposes, with all being treated as pass-throughs. However, whether such options are applicable or not, this remains a matter of debate, with some rejecting this option for administrative complexities it could face.

c. Other Options for Reducing “Double Taxation” of Corporate Income Among the crucial points discussed in the debate around the options for reform of the corporate tax were the possible reforms for reducing “double taxation”. Allowing corporations to claim a  Mark, Keightley. The Corporate Income Tax System: Overview and Options for Reform. Rep. no. R42726. N.p.: Congressional Research Sevice, 2014. Web. <http://www.fas.org/sgp/crs/misc/R42726.pdf>.

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deduction for dividends paid could contribute to reducing the double taxation process. However, this approach would not fully eliminate the double taxation of corporate profits. A dividend deduction does not affect the overall taxation of capital gains. However, a dividend deduction would encourage firms to distribute rather than retain earnings to avoid taxation on capital gains. Others may argue that rather than providing deductions at the corporate level, double taxation could be reduced by eliminating taxes for shareholders on dividends and capital gains, or even just dividends. If dividends and capital gains were both excluded from income, the double taxation of corporate income would effectively be eliminated. Excluding just dividends like we mentioned above would only achieve partial relief and wouldn’t solve the problem completely.

d. Taxation of Pass-Through Income One of the pressing issues main aims of corporate tax reform proposals, is to reduce the gap and the discrepancy in the taxation process between the corporate and non-corporate businesses. One of the options raised was to subject some pass-through businesses to the corporate tax. This point is mainly attributed to the shift of business activity away from the corporate sector to the non corporate sector to avoid taxation. Considering large pass-throughs as corporations would allow for lower tax rates as it would increase the tax base and the number of businesses eligible for corporate taxation (broaden the tax base). So lower taxes, with more companies taxed would seem more appealing for many and more helpful to the current policy. However, it is argued that only a small percentage of passthroughs could be considered large enough to be taxed as path-throughs which may cause concerns surrounding this particular option of reform. While on the other hand, there are statistics that may prove otherwise. It's estimated that 30% of S corporation receipts are generated by the largest 0.3% of S corporations, and 41% of partnership receipts are generated by the largest 0.2% of partnerships.

 Mark, Keightley. The Corporate Income Tax System: Overview and Options for Reform. Rep. no. R42726. N.p.: Congressional Research Sevice, 2014. Web. <http://www.fas.org/sgp/crs/misc/R42726.pdf>.

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Committee on the Judiciary

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Prepared by: Chairman Mahmoud El-Far Vice chairlady Doha Omar Ranking Member Mahmoud Hany Party Consultant Yasmina El-Gebali

History of the Senate Committee on the Judiciary Committeeâ&#x20AC;&#x2122;s History Established in 1816 as one of the original standing committees in the United States Senate, the Senate Committee on the Judiciary is one of the most influential committees in Congress.

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It considers legislation relating to judicial proceedings. Since that time, the scope of the committeeâ&#x20AC;&#x2122;s concern has expanded to include not only civil and criminal judicial proceedings and Federal courts and judges, but also issues relating to bankruptcy, espionage, terrorism, the protection of civil liberties, constitutional amendments, immigration and naturalization, interstate compacts, claims against the United States, national penitentiaries, Presidential succession, antitrust law, revision and codification of the statutes of the United States, state and territorial boundary lines and patents, copyrights and trademarks. Particularly important in our time is the Committee's oversight responsibility for the Departments of Justice and Homeland Security. Any legislation that carries a possibility for criminal or civil penalties can be referred to the Committee on the Judiciary, so its legislative workload is substantial. The committeeâ&#x20AC;&#x2122;s weighty agenda has frequently placed it in a central role in American politics, most notably during its consideration of impeachment charges against presidents of the United States in both 1974 and 1998. Senator Dudley Chase of Vermont was appointed as the first chairman of the Committee, and served during the Second Session of the 14th Congress.

Present: Chairman:

Patrick J. Leahy of Middlesex, Vermont, was elected to the United States Senate in 1974, making him Vermont's longest-serving Senator. Leahy is the Chairman of the Senate Judiciary Committee, a position he has held since January 2007. He also served as Chairman from June 2001 through January 2003. Ranking Member:

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Chuck Grassley's work ethic and dedication have helped him earn the trust of Iowa voters. Now in his sixth term in the U.S. Senate, this farmer-lawmaker has developed a reputation for commonsense, fiscal responsibility, government accountability, judicious legislation and constituent services. Subcommittees:  Antitrust, Competition Policy and Consumer Rights 

Bankruptcy and the Courts

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The Constitution, Civil Rights and Human Rights

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Crime and Terrorism

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Immigration, Refugees and Border Security

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Oversight, Federal Rights and Agency Actions

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Privacy, Technology and the Law

In addition to its critical role in providing oversight of the Department of Justice and the agencies under the Department's jurisdiction, including the Federal Bureau of Investigation, and the Department of Homeland Security, the Judiciary Committee plays an important role in the consideration of nominations and pending legislation. In addition to its role in conducting oversight and consideration of nominations, the Senate Judiciary Committee also considers legislation, resolutions, messages, petitions, memorials and other matters, as provided for in the Standing Rules of the Senate. These areas include: 

Apportionment of Representatives

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Bankruptcy, mutiny, espionage, and counterfeiting

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Civil liberties

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Constitutional amendments

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Federal courts and judges

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Government information

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Holidays and celebrations

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Immigration and naturalization

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Interstate compacts generally

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Judicial proceedings, civil and criminal, generally

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Local courts in territories and possessions

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

Measures relating to claims against the United States

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National penitentiaries

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Patent Office

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Patents, copyrights, and trademarks

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Protection of trade and commerce against unlawful restraints and monopolies

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Revision and codification of the statutes of the United States

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State and territorial boundary lines

Aims and Objectives:  “Critical thinking... the awakening of the intellect to the study of itself.” Michael Scriven and Richard Paul. Critical thinking is the intellectually disciplined process of actively and skillfully conceptualizing, applying, analyzing, synthesizing, and/or evaluating information gathered from, or generated by, observation, experience, reflection, reasoning, or communication, as a guide to belief and action. In its exemplary form, it is based on universal intellectual values that transcend subject matter divisions: clarity, accuracy, precision, consistency, relevance, sound evidence, good reasons, depth, breadth, and fairness.  “A good leader can engage in a debate frankly and thoroughly, knowing that at the end he and the other side must be closer, and thus emerge stronger. You don't have that idea when you are arrogant, superficial, and uninformed.” Nelson Mandela 

“We're fascinated by the words--but where we meet is in the silence behind them.” Ram Dass Negotiation is about both sides reaching a good outcome, or at least one they feel they can live with and have contributed to. It will almost certainly involve compromise on both sides.

That's in brief what Judiciary is all about this year. Preparing delegates to think properly and criticize the surrounding situations using mature well nourished intellect. They will be taught how to never take something for granted and not to fear questioning. In addition to the debating and negotiation skills they will acquire throughout the year to be able to deliver their points and ideologies to the world and lead their nations to a better future.

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First topic: Right of Self-ownership Introduction I. Sale of Human Organs………………………………………………………………110 a. Organs and Organ Transplantation b. The Status of Organ Donation and Transplantation in the U.S.A. c. Alternatives and possible solutions i. Commercial sale of human organs ii. No give, no take policy iii. Expanded criteria organs iv. Xenotransplantation d. U.S. law on the sale of human organs e. International Perspective on commercial sale f. Statistical facts II. Surrogacy…………………………………………………………………………….116 a. Definitions: i. Types of Surrogacy ii.Why Surrogacy? b. History of Surrogacy c. Surrogacy in the United States of America d. Controversy

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i. Opponents’ claims ii. Proponents’ claims e. Religious Views on Surrogacy f. International Perspective

Right of Self-Ownership Introduction: The Human being is an exceptional creature who's always striving towards happiness and perfection through his mortal life. Having a very complex mind this being can surely make critical decisions and tough choices for himself; decisions that define his way of life and his vision of the future, And in order to accomplish his vision, one must be absolutely free by all means possible. So, does freedom of choice really exist? Does the human being have the most basic right to own his human body? These questions are often raised when discussing controversial topics like Organ transplantation and Surrogacy. Both have led to unprecedented advances in human life and general health but they came with a lot of challenges that need to be addressed and overcome.

I. Sale of Human Organs: a. Organs and Organ Transplantation: An organ is a part of the body (such as the heart or liver) that has a particular function. While, Organ transplantation is an operation that replaces a failing organ with a healthy organ. This happens by removing an organ from one person (the donor) and placing it in another person (the recipient). Having an organ transplant is usually because an organ has stopped working or stopped working properly due to an injury or a disease. Not all organs can be transplanted, Organs which are most often transplanted include: (Kidney, liver, heart, pancreas, lung and the small intestine) When a person gives another an organ or a tissue this process is known as ‘’organ donation’’. There are two sources for organs available for transplantation

 "Organ." Merriam-Webster. Merriam-Webster. 17 Apr. 2014 <http://www.merriamwebster.com/dictionary/organ>.  "Organ Transplant Overview." WebMD. 17 Apr. 2014 <http://www.webmd.com/a-to-zguides/organ-transplant-overview>.

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o Living donors: that’s when a living person donates an organ or part of an organ for transplantation to another person. Living donation usually involves a single kidney, a segment of the liver, the lobe of one lung, a portion of the pancreas or a portion of the intestine. o Deceased donors: deceased donors are those that have been declared to be brain dead by a specialist such as a neurologist as a result of an irreversible ischemia to the brain. Some of their vital organs are kept functioning in a brain dead patient as the heart continues to beat and the lungs are artificially kept working by ventilators. Despite the fact that most of donated organs come from deceased donors, countries with regard to the mechanism of harvesting organs from dead people, are divided into two types: o Opt-in system which is a system whereby a deceased person’s organs are only taken for donation if the person or somebody acting on their behalf has opted to donate the organs. This means that the consent of the deceased or their family must be taken before procuring their organs. The United States of America and the United Kingdom has an opt-in system.

o Opt-out system which is a system whereby a person is presumed to be an organ donor, unless they have specifically opted out of the system.According to this system every competent adult is placed on an organ donation register and anyone who does not want their organs to be donated after death must remove their name from the list. Opt-out might have the potential to increase the availability of organs. Many European countries have adopted an opt-out system such as: Spain, Denmark, Austria, Belgium, France and Sweden. Although the United States follows an opt-in system, many people have suggested that the US should consider converting into an opt-out system. They believe that an opt-out system would increase the pool of organ donors as well as donation rates. However this suggestion was not welcome by everyone. Opponents claimed that following an opt-out system might go against deceased people’s religions and beliefs. Moreover, donation is supposed to be a choice and an act of generosity not something that happens by default, in addition the consent of the deceased in case of an opt out system is usually questioned.   "Transplant Living, Facts, Frequently Asked Questions." 20 Jan. 2004. United Network for Organ Sharing (UNOS). 17 Apr. 2014 <http://www.transplantliving.org/living-donation/facts/frequentlyasked-questions/#ld>  "Opt in or Opt out." NHS Blood and Transplant. Nov. 2008. 17 Apr. 2014 <http://www.organdonation.nhs.uk/newsroom/statements_and_stances/statements/opt_in_or_out.asp > Aptekar, Densie. "How Can Organ Donation Rates Be Improved?" The Huffington Post. 12 Feb. 2013. TheHuffingtonPost.com. 17 Apr. 2014 <http://www.huffingtonpost.com/quora/how-can-organdonation-ra_b_2673009.html>. Moorlock, Greg. "Q&A: The ethics of an opt-out organ donation system." BBC News. 07 Nov. 2013. BBC. 17 Apr. 2014 <http://www.bbc.co.uk/religion/0/23260381>

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b. The Status of Organ Donation and Transplantation in the United States The number of people who need a transplant continues to rise faster than the number of donors. About 4,100 transplant candidates are added to the national waiting list each month. Each day, in the US, about 77 people receive organ transplants. However, about 18 people die each day waiting for transplants that can't take place because of the shortage of donated organs. There are now more than 122,000 people on the waiting list for organ transplants. Simply put, there aren't enough organ donors, so patients must wait months, even years, for their chance at recovery. The process of organ donation in the United States begins by a person who is willing to be an organ donor enlisting him or herself in the state’s registry for organ donation. This is done usually when people go to renew or issue their driving license, or through registering online. When people who consented to donate their organs goes to a hospital in illness or a severe accident, doctors do their best to save their lives, if all means are exhausted to save their lives and no response, a physician intervenes to check if a brain death has occurred or not. A brain death is death and not a coma. Afterwards, the hospital notifies the Organ Procurement and Transplantation Network of that death, which in turn makes sure that all legal and medical conditions are met to start the matching process.  Living donation is also allowed and practiced in the United States. Most of living organ donors give away their organs to people whom they know or related somehow, this way of living donation is known as ‘’ directed donation’’. However, a person may donate his or her organs to another who is unknown to him or her, this way of living donation is known as ‘’non-directed donation’’. People who are willing to be living organ donors must fulfill certain criteria, they should be of age between 18 and 60, shouldn’t have or have had diabetes, high blood pressure, kidney disease or heart disease. The medical cost of the living donor is usually covered by health insurance of the recipient. However, medical follow up or non-medical expenses such as travel, accommodation or lost wages are not covered. 

c. Alternatives and Possible Solutions i. Commercial Sale of Human Organs Despite the medical and scientific breakthroughs in the recent years, and the capacity to perform successful transplants, the supply of organs still is not enough. That’s why there have been calls for a market that allows buying and selling of non-vital human organs. This proposition relies on the fact that we have a moral duty to save lives and to ease the suffering of thousands of people who die as a result of inadequate organs. According to the advocates of this proposition money will act as incentive for people to donate their organs, especially if the donation will cause them no harm, such as kidney donation. They also claim that such market would save the government billions of dollars paid to keep those patients alive.  "Organ Donation: The Process." Organdonor.gov. U.S. Government Information on Organ and Tissue Donation and Transplantation. 17 Apr. 2014 <http://www.organdonor.gov/about/organdonationprocess.html#process1>.  "Living donation, information you need to know." United Network for Organ Sharing (UNOS) (2013). 17 Apr. 2014 <http://www.unos.org/docs/Living_Donation.pdf>

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The idea may sound reasonable, but it is spectacularly unpopular. There are ethical, moral and legal hurdles to change organ donation from a ‘’gift’’ to something that is given in exchange for money. First, opponents refuse the sale of human organs on the grounds that ‘’the end doesn’t justify the mean’’. Though we have a duty to preserve life and ease suffering, however, it shouldn’t be done by any means whatsoever. Second, a market in human organs will eventually lead to abuses that violate human dignity, mainly the exploitation of people who are in desperate need of money. People will be compelled to sell their organs without real consent. Some have proposed a regulated market where the government is the only buyer of organs and with fixed price for each organ. However, many of the above mentioned shortcomings will apply. Iran maintains a similar model of paying organ donors. In Iran a person can sell his kidney in return receives $1200 a fixed price stated by the government plus a limited health insurance. The seller may also receive additional compensation from the recipient which can amount up to 3000$. By 1999 after 10 years of this program Iran had eliminated all waiting lists for patients waiting for kidney.  The Iranian model is praised for its ability to end the organ shortage, however, opponents say that it’s not perfect as it seems. It appears that only impoverished citizens are the only ones who apply to sell their kidneys. It’s worth noting that Iran is the only country in the world that legalized the sale of human organs. Because some people consider the idea of sale of human organ is too extreme, there’s another idea of financial compensation to deceased donors. For example, when people go to issue or renew driving license, they can be offered a discount on the fees of the license if they registered themselves as potential organ donors. Another way of compensating deceased donors whose families agree to donate the organs of their loved ones after they die is by offering them free funeral services or to cover the hospital expenses. The whole issue of creating a market for the sale of human organs involves a very basic question about the human body. Whether the human body is a private property or not. And if so, to what extent can a person use these organs?

o Transplant tourism One important aspect of the sale of human organs is the Transplant tourism. Transplant tourism is the travel of residents of one country to another country for purchasing organs for transplant. In the US, due to the long waiting lists. Sometimes, patients out of frustration and the compelling need for a  Andre, Claire, and Manuel Velasquez. "Kidneys for sale." Santa Clara University. 17 Apr. 2014 <http://www.scu.edu/ethics/publications/iie/v1n2/kidneys.html>.  Hippin, Benjamin E. "Organ Sales and Moral Travails." Policy Analysis (2008): 3-5. 17 Apr. 2014 <http://object.cato.org/sites/cato.org/files/pubs/pdf/pa-614.pdf>.  Dehghan, Saeed Kamali. "Kidneys for sale: Poor Iranians compete to sell their organs." The Guardian. 28 May 2012. Guardian News and Media. 17 Apr. 2014 <http://www.theguardian.com/world/2012/may/27/iran-legal-trade-kidney>.  Tabarrok, Alexander. "Life-Saving Incentives: Consequences, Costs and Solutions to the Organ Shortage." Library of Economics and Liberty. 3 Aug. 2009. 17 Apr. 2014 <http://www.econlib.org/cgi-bin/printarticle2.pl?file=Columns/y2009/Tabarroklifesaving.html>.

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transplant leave the US and travel to a foreign country to obtain an organ transplant. There are many countries where organ transplants are performed illegally such as China, Pakistan and the Philippines. There’s nothing in the current U.S. law that prevents any American citizen from travelling abroad to undergo a transplant illegally. These citizens often receive low quality organs, surgeries and matching process abroad. That’s why many problems arise when these citizens come back to the United States. Should they be offered healthcare by the federal government or if the transplant failed can they re-enlist themselves on the waiting list? The United States is not far away from transplant tourism. Foreigners in the U.S. can be enlisted as organ candidates on the waiting list in some transplant centers. Illegal aliens who entered the country illegally or overstayed their legal duration might be eligible as well to receive a transplant.

ii. No give no take policy According to this policy a priority is given in receiving organ transplants for people who registered themselves as organ donors, or had previously donated one of their organs, over people who haven’t signed up to be organ donors. In this way people who have expressed their consent to be organ donors will be on the top of the waiting list. Consequently, this policy will work as an incentive for people to donate their organs as a precaution in case of need. The current system in the United States doesn’t differentiate between donors and non-donors with regard to the priority of receiving a transplant.

iii. Expanded Criteria Organs Due to the non-stopping increase in the number of the people who are on the waiting list, a new method of harvesting organs has been recently used. It depends on taking organs from people who used to be considered unsuitable for organ donation, such as kidneys donated from people over the age of 60, or people with diabetes, or any other medical problems. The expanded criteria organs are currently used by the OPTN in distribution of organs. However, there are some ethical points regarding the use of such policy. First, the quality of these organs, whether it’s of less quality than the standard organs or not? Second, it’s claimed that these organs are associated with high mortality rates after the transplants.  Bramstedt, Katrina. "What is Transplant Tourism?" Sharecare. 17 Apr. 2014 <http://www.sharecare.com/health/organ-transplants-and-health-care/what-is-transplant-tourism %3Bjsessionid%3D470336E02B3C1882B117BA7766DEF248>  Blackwell, Wiley. "Transplant tourism poses ethical dilemma for US doctors."ScienceDaily. 27 Jan. 2010. ScienceDaily. 17 Apr. 2014 <http://www.sciencedaily.com/releases/2010/01/100126133354.htm>.  Tabarrok, Op. Cit.  Childress, James F., and Catharyn T. Liverman. Organ donation: Opportunities for action. Washington, D.C.: National Academies P, 2006. 155-63

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iv. Xenotransplantation Animals are being considered as a possible source of organs and tissues for human transplantation. The greatest benefit of xenotransplantation would be a potentially unlimited supply of cells, tissues and organs for use in humans. An example of xenotransplantation is transplanting a kidney from a pig into a human Despite the potential benefits of xenotransplants, mainly to bridge the gap of organ shortage, there are some concerns surrounding this procedure. The main concern is the transmission of undetectable or unidentified infectious diseases from animals to humans, which may lead eventually to an epidemic or a threat to the general public. The second concern is the rejection of animal organs by the human body. Due to the differences between animal and human biological structure the human body immune system usually refuses any foreign organ. Moreover, xenotransplantation raises some Ethical issues. Whether xenotransplantation entails the undesirable crossing of the human-animal boundary, Animal rights groups, strongly oppose killing animals in order to harvest their organs for human use. They ask if it’s morally acceptable to kill animals for human welfare. Up till now there have many cases of xenotransplantation from animals to humans. However, most of them have ended up in failure, more specifically death. The most famous case is the case of ‘’baby Fae’’, a newly born baby who received a baboon heart in California. She suffered from a heart problem, and it was very hard to find a suitable human heart for transplant as she was only few days old. The doctor offered Fae’s family a heart transplant from a baboon, and they accepted as this was their only option. The operation was seen as a success at first because Fae lived for 21 days after it. Eventually, she died out of rejection.

d. U.S Law on the Sale of Human Organs In the United States, federal law prohibits the sale of organs. It's illegal under the national organ transplantation act 1984 ‘’NOTA’’ to offer or receive compensation for an organ donation. NOTA is the cornerstone of the federal system for organ transplantation, NOTA included language that made it a crime "for any person to knowingly acquire, receive, or otherwise transfer any human organ for valuable consideration for use in human transplantation ". The person who violates this law shall be fined not more than 50,000 $ or imprisoned not more than five years, or both. But the law doesn’t ban the sale of hair, sperm, blood and other replenishable body parts. At that time, Congress was concerned about the rise of an organ market and potential problems that could arise if people were able to sell their organs. The Senate Report accompanying NOTA stated that "human body parts should not be viewed as commodities."  "Revised Fact Sheet on Xenotransplantation." Revised Fact Sheet on Xenotransplantation. 03 Feb. 2010. 17 Apr. 2014 <http://www.hc-sc.gc.ca/dhp-mps/brgtherap/activit/fs-fi/xeno_fact-fait-eng.php>. Ethics of xenotransplantation." Biotechnology Learning Hub. 5 June 2008. 17 Apr. 2014 <http://www.biotechlearn.org.nz/themes/bioethics/ethics_of_xenotransplantation>.  "The history of xenotransplantation." BBC News. 19 Aug. 1999. 18 Apr. 2014 <http://news.bbc.co.uk/2/hi/science/nature/425120.stm>. Mayes, Gwen. "Buying and Selling Organs for Transplantation in the US: National Organ Transplant Act of 1984 (NOTA) Bans Buying and Selling."Medscape. 17 Apr. 2014 <http://www.medscape.org/viewarticle/465200_2>.

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The law has also established the ‘’Organ Procurement and Transplantation Network’’. It’s a nonprofit organization which maintains a national database of all patients in the U.S. waiting for a transplant. It matches the donor organs with recipients through a computer system based on certain characteristics such as blood type, height, weight, how long the patient has been waiting, the severity of the patient’s illness and the distance between the donors and recipients.

e. International perspective on commercial sale The World Health Organization (WHO) is strongly against payment for any type of organ donation. The World Health Organization in its statement on the sale of organs; clearly states it violate the Universal Declaration of Human Rights as well as its own constitution: "The human body and its parts cannot be the subject of commercial transactions. Accordingly, giving or receiving payment for organs should be prohibited." The Istanbul Declaration of 2008 condemns commercial transplants on the grounds of principles of equity, justice and respect for human dignity. In addition, organ trade is prohibited by article 3 of the Declaration of the Fundamental Rights of the European Union.47

f. Statistical facts All Kidney Pancreas Kidney / Pancreas Liver Intestine Heart Lung Heart / Lung

122,088 99,964 1,177 2,020 15,750 258 3,871 1,663 48

Table (1.1) Showing waiting list candidates as of 6/4/2014 Courtesy of OPTN Data

Total Deceased donor Living donor

28,952 22,965 5,987

Table (1.2) Transplants performed from January to December 2013 OPTN Data

 Every 10 minutes another name is added to the national organ transplant waiting list.  In 2012, there were 14,013 Organ Donors resulting in 28,052 organ transplants.  90% of Americans say they support donation, but only 30% know the essential steps to take to be a donor.  http://www.organdonor.gov/about/organdonationprocess.html#process6

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 7% of the people on the waiting list die before they receive an organ. 6,500 people a year. 

II. Surrogacy. a. Definition of Surrogacy: It’s the practice by which a woman becomes pregnant and gives birth to a baby in order to give it to someone who cannot have children. This woman is called ‘’surrogate mother’’ and the couple who are trying to have a baby with a surrogate's help are known as the intended parents. While the surrogate carries the pregnancy and gives birth, the intended parents raise the child and are listed on the birth certificate as the actual parents. 

i. Types of surrogacy There are two different types of surrogacy: 1-Traditional surrogacy: In traditional surrogacy, the surrogate mother is artificially inseminated with the sperm of the intended father or sperm donor. The surrogate's own egg will be used, thus she will be the genetic mother of the resulting child. 2- Gestational surrogacy: In a gestational surrogacy, the surrogate mother is not genetically related to the child. Eggs are extracted from the intended mother or egg donor and mixed with sperm from the intended father or sperm donor in vitro. The embryos are then transferred into the surrogate's uterus. Most of surrogacy agreements are gestational. With regard to monetary compensation paid to the surrogate mother there are two types of surrogacy agreements:  Altruistic surrogacy: is a situation where the surrogate receives no financial reward for her pregnancy except for medical and other reasonable expenses. An altruistic surrogate is one who selflessly volunteers her reproductive services to another, without receiving any sort of monetary gain in return.  Commercial surrogacy: is a situation where the surrogate mother receives a fee for her services beyond medical and other reasonable expenses.

ii. Why Surrogacy? "Statistics." Donatelifenet. 17 Apr. 2014 <http://donatelife.net/understanding-donation/statistics/>. "Definition of surrogacy." Merriam-Webster. Merriam-Webster. 17 Apr. 2014 <http://www.merriam-webster.com/dictionary/surrogacy>. "Using a Surrogate Mother: What You Need to Know." WebMD. WebMD. 17 Apr. 2014 <http://www.webmd.com/infertility-and-reproduction/guide/using-surrogate-mother>. Banerjee, Swapnendu. "Gestational Surrogacy Contracts: Altruistic Or Commercial? A Contract Theoretic Approach*." The Manchester School 81 (2013): 438-60. <http://www.cdedse.org/seminar/seminar39.pdf>.

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Why a couple would decide to let another woman carry a baby for them? There are a number of reasons that may oblige them to have recourse to such procedure. First of all, some women are unable to conceive or carry a child due to a hysterectomy , cancer or genetic diseases. A woman may have suffered repeated miscarriages, or repeatedly failed to implant embryos using IVF. A woman may also have a severe medical condition, making pregnancy a serious risk to her own health. Second, it’s a way for same-sex couples to have a baby, in case of male couple or single male, if there is no woman involved. Third, it’s considered an alternative to adoption which takes a very long time and a complex legal process to pursue. Above all, surrogacy produces biologically related children to the intended parents.

b. History of Surrogacy The inability to have children is a very old problem, which existed since ancient times. The idea of surrogacy is not a new one. The first documented case of surrogacy comes from the story of Abraham and Sarah, which mentions that Sarah had experienced infertility, and asked her handmaiden, Hagar, to carry a child for her and Abraham. At that time only traditional surrogacy existed. If a woman was unable to bear a child, her husband could have a child by another woman, with the intention of raising the child as that of his and his infertile wife’s. However, modern history of surrogacy begins in 1976, that’s when lawyer Noel Keane drafted the first legal agreement between a set of intended parents and a traditional surrogate mother. The surrogate mother did not receive compensation for this. In 1978, the first test tube baby (IVF) was born in England. While this was not a surrogate motherhood agreement, this historic event paved the way towards gestational surrogacy in the future. In 1980, a 37-year old woman, gave birth as a traditional surrogate mother to a son. She made the first documented surrogacy agreement that was compensated. She received $10,000 for the successful delivery of her baby. In 1985, the first gestational surrogacy took place. The surrogate carried the biological child of a woman who had a hysterectomy. Baby M case in 1986: This case sparked a national debate about surrogacy and it’s considered a landmark in the history of surrogacy in the United States. In this case a ‘’traditional’’ surrogate mother Mary Beth Whitehead had agreed to conceive a baby for the couple William and Elizabeth Stern, and lawfully entered into  Hysterectomy: a medical operation to remove a woman’s womb McDermott, Hannah, "Surrogacy Policy in The United States and Germany: Comparing the Historical, Economic and Social Context of Two Opposing Policies" (2012). Senior Capstone Projects.Paper 137. Brody, Jane E. "Since Baby M, Much Movement in Surrogacy." The New York Times. 20 July 2009. The New York Times. 17 Apr. 2014 <http://www.nytimes.com/2009/07/21/health/21brod.html?pagewanted=all&_r=2&>. "The History of Surrogacy." Information on Surrogacy. 17 Apr. 2014 <http://www.information-onsurrogacy.com/history-of-surrogacy.html>.

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a surrogacy agreement with them. After delivery Mary tried to break her contract and keep the baby she had birthed and returned all money offered to her. Mary entered into a two year legal battle with the baby’s biological father, Bill Stern, and intended mother, Betsy stern, over custody. New Jersey Supreme Court ruled that commercial surrogacy contract was illegal giving the custody of the child to the Sterns and visitation rights to Mary Beth Whitehead

c. Surrogacy in U.S.A The USA’s law on surrogacy is very complicated as different states have different laws.. In the U.S., surrogacy standards and contracts are left largely unregulated. Fertility doctors are left to their own devices for the most part, deciding who is eligible to receive surrogacy services or become a surrogate, and to what extent they will follow guidelines set by the "American Society for Reproductive Medicine". With no national legislation, and a rise in custody battles and other legal disputes, it has been left to the states to regulate surrogacy. Still only 18 states have any surrogacy laws.   Some states prohibit all surrogacy contracts whether gestational or traditional, rendering them unenforceable. This makes the surrogate mother the legal mother. D.C: violators can be punished with a fine of $10,000 or a year in jail New York: finds surrogacy contracts to be contrary to public policy and unenforceable. Parties to a contract are subject to a civil penalty of up to $500. People who assist in arranging the contract are liable for up to a civil penalty of $10,000

 Some states declare that all surrogacy contracts are void and unenforceable without criminalization or imposing a penalty such as Nebraska and Indiana  Some states allow certain types of surrogacy contracts and prohibit others North Dakota: North Dakota voids traditional surrogacy contracts. However, North Dakota recognizes gestational surrogacy agreements. Washington: Surrogacy contracts are enforceable, but if there is compensation beyond medical expense, or if the surrogate is a minor or suffers from a mental illness or disease, then contracts are void and unenforceable.  Some states allow surrogacy but regulate in varying degrees. Surrogacy is allowed but regulated to varying degrees in Arkansas, Florida, Illinois, Nevada, New Hampshire, Texas, Utah and Virginia. Some of the states protect unmarried couples and single people in surrogacy contracts just as married couples, and other states require couples to be married for "Legal Issues & Concerns With Surrogacy | Surrogate Parents." BSC America. BSC America. 17 Apr. 2014 <http://www.bsc-america.com/legal-issues/>.  McDermott, Hannah, Op. Cit.

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contracts to be valid. Some states require at least one of the intended parents to have a genetic link to the child, either through using his sperm or her egg for the fetus. Nevada requires gametes from both intended parents. Some require the intended mother to prove that she is unable to either gestate or birth the child, making a surrogacy arrangement necessary. Some states prohibit traditional surrogacy; state of Florida treats it as a “preplanned adoption agreement”, giving the mother 48 hours after the birth of the child to change her mind and the adoption must be approved by the courts. Financial compensation can be prohibited or restricted. In Utah the surrogate must not be receiving Medicaid or other state financial services. Surrogacy contracts must be judicially preauthorized in some of the states, requiring medical and/or psychological evaluation of the intended parents and the surrogate, home studies, independent legal consultation, proof that the surrogate has given birth before, and that the surrogate is of legal age .

d. Controversy Ethical, social, and legal problems may arise in surrogacy arrangements. Questions like who is the real mother, what are the rights of the surrogate mother, rights of the child born, and what conditions may be placed in a surrogate contract, are often associated with surrogacy. These problems have made surrogacy a hotly disputed issue between opponents and proponents.

i. Opponents’ claims Commodification of the woman’s body: opponents claim that surrogacy transforms a woman into a commodity, a baby making machine in service to those with the money to rent a woman. They view surrogacy as a kind of prostitution in both cases one can view women as selling bodily services. Exploitation of poor women: Money is a crucial factor for many women who agree to be surrogate mothers; they are women facing financial difficulties. This might be because they need money to pay medical bills or because they are divorced women who cannot afford to raise their children on their own. Since money is a crucial factor that motivates women to be surrogates it would lead to their financial exploitation. Prerogative of the rich: The process of IVF and surrogacy can be very expensive and hence is an option only for those who are wealthy. The women who choose to be surrogates usually come from lower economic classes. That’s why there’s a growing trend in the use of surrogate mothers in countries like India because surrogacy is cheaper. The practice raises the risk of baby farms in developing countries. For example, couples from developed countries such as the U.S. or the U.K. go "Guide to State Surrogacy Laws." Center for American Progress. 17 Dec. 2007. Center for American Progress. 17 Apr. 2014 <http://www.americanprogress.org/issues/women/news/2007/12/17/3758/guide-to-state-surrogacylaws/>. "Ethics of Surrogacy: The Pros and Cons of Surrogacy." Positive parenting Ally. Positive parenting Ally. 17 Apr. 2014 <http://www.positive-parenting-ally.com/ethics-of-surrogacy.html>. Erzi, Fei. "Surrogacy gives birth to ethical issues." Chinadaily. 28 Dec. 2011. Chinadaily. 17 Apr. 2014 <http://www.chinadaily.com.cn/opinion/2011-12/28/content_14339369.htm>.

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to countries like India to have surrogacy because the cost of the whole procedure in India is as less as one third of what it is in United States and United Kingdom Effects on the identity of the child born: there are questions about how the identity of child born through surrogacy will be affected. Some parents may choose to never tell their child about the surrogate arrangement. Others may tell the child as soon as they're old enough to understand. Regardless the choice of the parents, the child’s self-identity might be affected by knowing such story or not knowing at all. Effects on the surrogate: Surrogate mothers might be subject to health risks, including problems associated with fertility drugs that are taken as part of the procedure.

ii. Proponents’ Claims: Arguments by those who claim surrogate motherhood is ethical include that it is a solution to infertility after repeated failure to conceive by other means. And that most surrogacy agreements have happy endings with the birth of a child and with all parties feeling satisfied with the process and the outcome. They believe that surrogacy needs regulation not banning. The right to procreate: Proponents argue that everyone has the right to procreate. Women who are unable to bear children have the right to raise genetically related children. Similarly, in heterosexual couples where the woman is infertile, the couple has the right to a child that is at least genetically related to the intended father, and a donor egg can be used for the genetic mother. Surrogacy is also an important technology for same sex couples, particularly male same sex couples. Male same sex couples would be unable to have a child genetically related to either man without the help of a surrogate Economic benefit: Supporters of surrogacy, emphasize the importance of money as an economic factor that could help women in various ways. They claim that most women who have gone through surrogacy have expressed a positive attitude towards it, and they fulfilled their dreams of buying a home, educating their children, or paying off debt. Reproductive freedom: Reproductive freedom asserts that every woman is free to take whatever Saxena, Pikee, Archana Mishra, and Sonia Malik. "Surrogacy: Ethical and Legal Issues." National Center for Biotechnology Information. U.S. National Library of Medicine. 17 Apr. 2014 <http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3531011/>.  Bauman, Michelle. "Rise in surrogate pregnancies raises ethical concerns." Catholic News Agency (CNA). 17 Apr. 2014 <http://www.catholicnewsagency.com/news/rise-in-surrogate-pregnancies-raises-ethical-concerns/>.

Sperling, Judith. "Surrogacy should be regulated, not banned." Washington Post. 29 May 2013. The Washington Post. 17 Apr. 2014 <http://www.washingtonpost.com/opinions/surrogacy-should-beregulated-not-banned/2013/05/29/2198c134-c7db-11e2-9cd9-3b9a22a4000a_story.html> 

"Moral and Ethical Implications." Stanford University. 2008. Stanford University. 16 Apr. 2014 <http://www.stanford.edu/group/womenscourage/Surrogacy/moralethical.html>.

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decisions she likes over her body particularly her reproductive organs. This includes the right to determine whether and when to have children. Supporters of reproductive freedoms view pregnancy as a private and a personal matter that should be left solely to the woman, without any interference from the government. Reproductive freedom is a kind of an umbrella that includes many other issues such as abortion and use of contraceptives.

e. Religious views on Surrogacy Judaism: the different sects of Judaism differ in their interpretation and allowance of surrogacy, but generally Jewish religious establishments have accepted surrogacy only if it is full gestational surrogacy with both intended parents' gametes included and fertilization done via in-vitro fertilization Catholicism: church believes that children are to come as a gift from God via a sexual relationship, instead of being procured as a product or thing. Any reproductive procedure that involves something other than sex and pregnancy within the context of a married couple permanently committed to being the parents of this child together is something the Church insists misses the mark. This includes everything from creating a child in a laboratory to the use of another person as a surrogate to carry the child through pregnancy.  Islam: totally prohibits all kinds of surrogate agreements be they traditional, gestational, commercial or altruistic 

f. International perspectives Surrogacy legislation varies in different countries around the world. Some of them have laws which allow only uncompensated (altruistic) surrogacy agreements. The others prohibit any usage of surrogacy at all. Nevertheless, there are a small number of countries where compensated (commercial) surrogacy agreements are allowed by law. Many of these countries attract international fertility tourists.

*Countries where both commercial and altruistic surrogacy is allowed by law: Russian Federation, Ukraine, Belarus, Georgia, Armenia, Cyprus, India, South Africa "2013 Annual Report." Center for Reproductive rights (2013). Center for Reproductive rights. 18 Apr. 2014 <http://reproductiverights.org/sites/crr.civicactions.net/files/documents/AR_11.20.13.pdf>. "Infertility and Judaism: Surrogacy - Gestational carrier." Mazor Guides. 17 Apr. 2014 <http://www.mazornet.com/infertility/surrogacy.htm>. Camosy, Charles. "Does the Catholic Church support the use of a surrogate mother to have a child?" BustedHalo. 17 Apr. 2014 <http://bustedhalo.com/questionbox/does-the-catholic-churchsupport-the-use-of-a-surrogate-mother-to-have-a-child? doing_wp_cron=1378914428.9861540794372558593750> Fatwa - Surrogacy." Dar Alifta. 11 Aug. 2009. 17 Apr. 2014 <http://www.daralifta.org/ViewFatwa.aspx?ID=2525>.

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*Countries where only altruistic surrogacy is allowed by law: Australia, Canada (except Quebec), United Kingdom, Netherlands, Denmark, Hungary, Israel

*Countries where all kinds of surrogacy are banned by law: Germany, France, Belgium, Spain, Italy, Switzerland, Austria, Norway, Sweden, Iceland, Estonia, Moldova, Turkey, Saudi Arabia, Pakistan, China, Japan, Canada (Quebec)

Second topic: Reign of Violence Introduction I. Self-defense………………………………………………………………………………123 a. What is Self-defense b. Castle Doctrine c. Stand Your Ground i. The controversy ii. The Case of Trayvon Martin d. How often are guns used in self-defense? II. Types of Firearms………………………………………………………………………….127 III. Legality of Guns…………………………………………………………………………...128 a. The Second Amendment to the U.S Constitution i. Articles of Confederation ii. U.S Constitution iii. Bill of Rights "Surrogacy laws by country." Surrogate Baby Consulting. 17 Apr. 2014 <http://www.surrogatebaby.com/blog/2012/11/27/surrogacy-laws-by-country/>.

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iv. The interpretation of the 2nd Amendment v. U.S. Supreme Court decisions regarding the 2nd Amendment b. Who can own a gun? c. Gun Laws i. Federal Gun Laws 1. The National Firearms Act 1934 2. The Gun Control Act 1968 3. Firearm Owner Protection Act 1986 f. Brady Handgun Violence Prevention Act 1993 ii. States Gun Laws 1. Permit to purchase 2. Carrying firearms open and concealed IV. Impact…………………………………………………………………………………………138 a. Mass Shootings b. Statistics V. Legislative Options…………………………………………………………………………….142

Reign of violence Introduction Crime and violence are major problems in the U.S that can be traced back throughout history. Despite the advances that the country has made, it falls behind in regards to administering crime, and violence has become an epidemic that affects the citizens. There are many reasons that can instigate such a behavior in a society, and the laws that the government has enacted to control the situation have stirred many intense debates.

I. Self-defense a. What is Self-defense? Self-defense is defined as the use of reasonable force to protect oneself or members of the family from bodily harm, if attacked by an aggressor, and if the defender has reason to believe they are in danger. Self-defense is a common defense by a person accused of assault, battery or homicide. Selfdefense can also be used to protect property from theft or destruction. 

"Self Defense Definition." Law.com Legal Dictionary. 17 Apr. 2014 <http://dictionary.law.com/Default.aspx?selected=1909>.

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The legal system in the United States whether on federal or state level, allows the person accused of a crime to claim self-defense. Rules of self-defense vary from one state to another; however, there are some broad concepts that make up self-defense laws in the United States. In order for selfdefense to be appropriate and lawful, most states require that the following requirements be met. These requirements are called ‘’Principles of Self-Defense’’ 1. The threat has to be imminent: Self-defense only justifies the use of force when it is used in response to an immediate threat. The threat can even be verbal, as long as it puts the victim in an immediate fear of physical harm. Moreover, the use of force in self-defense generally loses justification once the threat has ended. For example, if an aggressor assaults a victim but then ends the assault and indicates that there is no longer any threat of violence, then the threat of danger has ended. Any use of force by the victim against the assailant at that point would be considered retaliatory and not self-defense. Force can’t be used to prevent a danger that may arise at some later time; the law requires seeking an alternative, such as calling the police. 2. The fear of harm must be reasonable: self-defense is justified even if the perceived aggressor didn’t actually mean the perceived victim any harm. What matters in these situations is whether a “reasonable man” in a similar situation would have perceived an immediate threat of physical harm or not. The standard of the ‘‘reasonable prudent man’’ was created to measure if the fear of harm was reasonable or not, as it’s very difficult to measure it in a quantitative method. To illustrate, if a policeman shoots a boy who is waving a toy gun, he can still claim self-defense because he was in fear of harm provided that the gun looked like a real one. The whole process depends on a case by case assessment. 3. Proportional response: The use of self-defense must also match the level of the threat in question. In other words, a person can only employ as much force as required to remove the threat. If the threat involves deadly force or grave bodily harm (e.g., a broken bone, blinding, rape), the person defending themselves can use deadly force to counteract the threat. If, however, the threat involves only minor force and the person claiming self-defense uses force that could cause grievous bodily harm or death, the claim of self-defense would fail. 4. Innocence: The Principle of innocence means that those who are responsible for violence are not entitled to the protection of law. People who initiate violence forfeit their right of self Branca, Andrew. "Zimmerman Case: The Five Principles of the Law of Self Defense." Legal Insurrection. 9 June 2013. 17 Apr. 2014 <http://legalinsurrection.com/2013/06/zimmerman-case-thefive-principles-of-the-law-of-self-defense/>.  Ibid.  Deadly force: An action known to create a risk of death or serious bodily harm to one or more people.  Branca, Andrew. Op. Cit.

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defense. This principle can be simply explained by the rule, ‘’don’t start the fight’’. It is, however, possible for the initial aggressor of a conflict to regain his “innocence” under certain circumstances, and thereby regain his right to justifiably use force in self-defense . One exception is when a person initiates an aggression but uses non deadly force and the victim responds to that non deadly force with deadly force. In this case, even though this person was the initial aggressor, he may use whatever force is necessary, including deadly force, to protect himself. Another exception is where the person who starts a fight (aggressor) withdraws from the fight. If the aggressor either physically removes himself from the fight or tells the other person that he no longer wants to fight and the other person continues fighting, the defendant may use whatever force is necessary to defend himself even though he was the initial aggressor. Self-defense does not protect criminals as well, for example, if a crime is happening in front of you, and you tried to stop the criminal by punching him, and the criminal punched you back he cannot claim self-defense. 5. Duty to retreat: Some states’ laws require people claiming self-defense to first make an attempt to avoid the violence before using force. A duty to retreat means that one is not allowed to use deadly force in self-defense if it is possible to safely avoid the risk of harm or death by running away, for example. If that is not an option, and in case you were cornered or pinned down and facing serious harm, then you could be authorized to use deadly force in self-defense. 19 states fall in the duty to retreat category (Arkansas, Connecticut, Delaware, Hawaii, Iowa, Maine, Maryland, Massachusetts, Missouri, Minnesota, Nebraska, New Jersey, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, Wisconsin and Wyoming)

b. Exception: The Castle Doctrine In American jurisdictions there has long been an exception to the duty to retreat called the "Castle Doctrine".The Castle Doctrine is a legal rule under which a person protecting his or her property such as home or place of business may stand his or her ground instead of retreating and apply deadly force against an intruder, who intends to commit a crime or inflict serious

 "Self Defense." National paralegal. 17 Apr. 2014 <http://nationalparalegal.edu/public_documents/courseware_asp_files/criminalLaw/defenses/SelfDef ense.asp>. "Self-Defense Overview." Findlaw. 17 Apr. 2014 <http://criminal.findlaw.com/criminal-lawbasics/self-defense-overview.html>. Bellin, Jeffrey. "How 'duty to retreat' became 'stand your ground'" CNN. 21 Mar. 2012. 17 Apr. 2014 <http://edition.cnn.com/2012/03/21/opinion/bellin-stand-your-ground-law/>.

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bodily harm upon the person or upon those in the property. This rule came from Common Law and Based on the old adage that ‘‘A man's home is his castle’’. Nearly all states don’t require retreat when the defender is in his home, except in some narrow circumstances.

c. Stand Your Ground Stand Your Ground laws are considered the quite opposite of the duty to retreat laws. According to Stand your ground laws a person who is claiming self-defense does not have to prove that he tried to avoid violence before using deadly force. Consequently, These laws are considered an expansion of the principle of ‘’Castle Doctrine’’ because they have extended the right of self-defense to places outside the home, such as place of business, a motor vehicle, Figure (2.1) Likelihood that killings will be found justifiable compared to white or anywhere else a person has a legal right to be such on white killings as a park or a public sidewalk. 31 states have enacted some sort of ‘’Stand Your Ground’’ laws.

i. The Controversy over ‘’Stand Your Ground’’ Laws These relatively new laws have drawn much public attention to their effectiveness, and their role in increasing or decreasing violence. Critics claim that these laws promote violence by increasing the rate of ‘’justifiable homicides’’ that may lead to the death of innocent people. Moreover, these laws give people immunity even when they are wrong instead of retreating and calling the police as a viable option. In addition, they have demonstrated racial bias in application especially against African Americans. These claims are supported by some researches.

"What is castle doctrine? definition and meaning." BusinessDictionary.com. 17 Apr. 2014 <http://www.businessdictionary.com/definition/castle-doctrine.html>.  Common law: the legal system in England and most of the US that has developed over a period of time from old customs and court decisions, rather than laws made in Parliament Jansen, Steven, and Elaine Borakove. Expansions to the Castle Doctrine. Publication. National District Attorneys Association. 18 Apr. 2014 <http://www.ndaa.org/pdf/Castle%20Doctrine.pdf>.



Monte Frank. "Stand against stand-your-ground laws." Theguardian. 24 Oct. 2013. 17 Apr. 2014 <http://www.theguardian.com/commentisfree/2013/oct/24/taking-stand-against-stand-your-ground-laws>

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 A report from bipartisan Mayors Against Illegal Guns coalition found that the rate of "justifiable homicide" in states with stand your ground laws has risen by an average of 53 percent in five years following their passage. Over the same period, states without such laws saw justifiable homicides fall by an average of 5 percent. The increase was not simply the result of more homicides being classified as "justifiable" but of an overall rise in firearm-related and total homicides in Stand Your Ground states. The jump in homicides deemed justifiable was particularly dramatic in some states, especially in the south. annual number of such killings rose by 54 percent in Texas, 83 Georgia, 200 percent in Florida, and a shocking 725 percent in

Figure (2.2) comparis on between states that passed SYG law and states that didn’t in declining rape rates

The average percent in Kentucky.

 A study made by researchers at Texas A&M University, showed that the rates of murder increased by 8 percent in states with Stand Your Ground laws. That’s an additional 600 homicides per year in the states that have enacted such laws.  A study made by Urban Institute’s Justice Policy Center, to examine racial disparity using FBI data on 43,500 homicides from 2005 to 2009, found that the killings of black Figure (2.3) people by whites were more likely to be Justifiable homicides per capita in SYG states and non SYG states considered justified than the killings of white people by blacks. This study found that Stand Your Ground laws tend to track the existing racial disparities in homicide convictions across the U.S. with one significant exception: Whites who kill blacks in Stand Your Ground states are far more likely to be found justified in their killings. In non-Stand Your Ground states, whites are 250 percent more likely to be found justified in killing a black person than a white person who kills another white person; in Stand Your Ground states that number jumps to 354 percent.  Sturgis, Sue. "Homicides soar in states with 'Stand Your Ground' laws." The Institute for Southern Studies. 16 Sept. 2013. 17 Apr. 2014 <http://www.southernstudies.org/2013/09/homicides-soar-in-states-with-stand-your-ground-la.html>.

 Childress, Sarah. "Is There Racial Bias in “Stand Your Ground” Laws?" PBS. 31 July 2012. PBS. 17 Apr. 2014 <http://www.pbs.org/wgbh/pages/frontline/criminal-justice/is-there-racial-bias-instand-your-ground-laws/>. 137

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 On the other hand, supporters claim that these laws enhance public safety, affirm the right of self-defense and protect the innocent citizens over the criminals. If a citizen is under attack, it cannot be a duty on that individual to take extraordinary measures to avoid the conflict that he or she did not initiate. Such demands serve only to give additional power and control to the assailant. There are also some studies that suggest that rape declined more in states that passed Stand Your Ground laws

ii. The Case of Trayvon Martin This case took place on the night of February 26, 2012. Trayvon Martin who was a 17-year-old student was going back home after buying some candy and drinks from a local store in Sanford, Florida. During his way back home he passed through a neighbourhood to which George Zimmerman was a neighbourhood watch volunteer. In other words, Zimmerman was responsible for the security of that neighbourhood. Zimmerman while driving his car, he spotted Trayvon and became suspicious of him. He called 911 and reported, the operator told him that they’re on the way and that there is no need to follow Trayvon. However, Zimmerman didn’t comply with the orders of the police and he stepped out of his car and started following Trayvon on foot. Both have engaged in physical confrontation that ended up in Zimmerman fatally shooting Trayvon martin. Zimmerman claimed that he acted in self-defense, as he was punched in the face and his head was slammed on the floor several times. But in fact Trayvon martin was unarmed and he had no previous criminal record. Zimmerman was put on trial and he was found not guilty. This case changed from just an ordinary homicide case in the state of Florida, to a national civil Figure (2.4) From top left clockwise, a pistol, a shotgun, a revolver rights case. President Obama had a speech after the trial and a rifle. and said that ‘’ Trayvon Martin could have been my son’’. Furthermore, this case had a problem that Zimmerman was the only witness in the entire case.

iii. How often are guns used in self-defense? According to the National Crime Victimization Survey done by the Bureau of Justice, a gun is used in self-defense about 60,000 to 120,000 times each year. If this number was compared to the number of crimes committed using guns, one-million-crime a year, it would mean that guns are used to commit a crime about 10 times as often as they are used for self-defense.

II. Types of Firearms

BRONARS, STEPHEN. "Do Stand Your Ground Laws Deter Violent Crime?"Bronars Economics. 15 July 2013. 17 Apr. 2014 <http://sbronars.wordpress.com/2013/07/15/do-stand-your-ground-lawsdeter-violent-crime/>.  Botelho, Greg, and Holly Yan. "George Zimmerman found not guilty of murder in Trayvon Martin's death." CNN. 14 July 2013. Cable News Network. 17 Apr. 2014 <http://edition.cnn.com/2013/07/13/justice/zimmerman-trial/>

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One broad category of firearms is ‘’Handguns,’’ which includes pistols, semiautomatic handguns, machine pistols, revolvers and "derringers". Handgun or Pistol: a gun that can be held in a single hand. Most are semi-automatic, but some handguns qualify as automatic weapons and can shoot many rounds at once. A common type of handgun is a semi-automatic pistol which is a small firearm with a single, non-revolving chamber. Revolver: a firearm with a revolving cylinder that can fire several bullets (usually six) at a time without reloading. Each time the hammer is cocked, the cylinder moves the next bullet into place. No revolvers are fully automatic. Another broad category of firearms is "long guns”, sometimes called "shoulder guns”, which includes rifles and shotguns. Rifle: a long-barreled firearm with a groove carved into the barrel walls to give bullets spin. Rifles can be single action, semi-automatic, or fully automatic. Shotgun: a shoulder-fired arm. Most have barrels with smooth bores and fire loads of multiple lead or steel shot (balls individually or collectively called shot). Shotguns are found in hunting, target shooting, military, police, and self-defense applications.  Firearms in terms of how they fire and the speed of firing are classified into two types: Automatic weapons: An automatic weapon fires bullets as long as its trigger is squeezed. Automatic weapons are not entirely illegal according to federal law. However, they are highly regulated and many limits are placed upon them. To purchase a fully automatic weapon you need to submit fingerprints and photos to the Bureau of Alcohol, Tobacco, Firearms and Explosives (BAFTA), and to undergo FBI criminal background check, in addition to paying a $200 tax. Furthermore, only automatic weapons manufactured before 1986 can be bought, owned and sold. Semi-automatic weapons fires a single bullet each time the trigger is pulled. The weapon can be loaded with magazines containing various numbers of bullets. Almost all guns in the United States today, including pistols, rifles, and handguns, are semi-automatic.

III. Legality of Guns  "Types of Firearms." Association of Firearms and Tool Mark Examiners. 18 Apr. 2014 <http%3A %2F%2Fafte.org%2FAssociationInfo%2Fcomm%2520%26%2520info%2Ffirearms.htm>. 

Bennett, Brian. "Fact Check: Romney says it's illegal to have automatic weapons."Los Angeles Times. 16 Oct. 2012. 18 Apr. 2014 <http://articles.latimes.com/2012/oct/16/news/la-pn-romney-illegal-automatic-weapons-20121016>

 Stern, Mark Joseph. "The Gun Glossary." Slate Magazine. 16 Apr. 2014 <http://www.slate.com/articles/news_and_politics/explainer/2012/12/the_gun_glossary_definitions_ of_firearm_lingo_and_types_of_weapons.html>

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a. The Second Amendment of the U.S. Constitution The second amendment to the U.S. constitution which is the center of the debate about guns in U.S.A provides: ‘’A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.’’ In order to determine accurately the intended meaning of the second amendment, it is necessary to go into the historical context and the background that has led to its issuance. i. Articles of Confederation (1777): After the United States gained independence from Great Britain through war; they needed some form of government. The Articles of Confederation represented the first constitutional agreement made between the 13 American states. These states faced all the problems of a peacetime government. They had to enforce law and order, pay a large public debt, and regulate trade among themselves. However, the government established by the Articles of Confederation was not strong enough to govern the new nation. For example, it lacked an executive branch and a system of national courts. It could not regulate trade between the states or tax the states or their citizens. There were thirteen different paper currencies. Each state acted almost like an independent country. Each ran its own affairs as it saw fit. The final result was a very weak central government and strong states’ governments Under the Articles of Confederation the Congress had the power to raise army by calling on states to contribute specific resources and numbers of men for the army. However, it was not allowed to force states to obey the central government's request for aid. This has made the power of the congress to raise an army ineffective. ii. The Constitution of the United States (1787): The shortcomings of the Articles of Confederation made the nation’s leaders feel that it was time to end these troubles and bring peace and order by forming a new national government. Fifty-five Delegates from twelve states met in Philadelphia, Pennsylvania in 1787 to revise the Articles of Confederation. But a majority of the delegates at the convention decided to write a new plan of government, the constitution of the United States. The delegates were determined to create a new government that is strong enough to rule the nation, but not so strong as to threaten liberties of the states and of the people. The new constitution set up a federal system by dividing powers between the national and state governments. It also separated powers among three independent branches, the executive, the legislative and the judicial. Under the new constitution the Congress had the power ‘’ To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years  To provide and maintain a Navy;  To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress’’

"Articles of Confederation." Ushistory.org. Independence Hall Association. 18 Apr. 2014 <http://www.ushistory.org/us/14b.asp>.  Article I, Section 8 of the U.S. Constitution

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In that time there was a general fear of standing armies in the times of peace.  This fear emanated from past experiences in Europe where kings used these armies in suppressing people. That’s why some people were afraid that the new national army established by the constitution and under the control of the Congress would be used in the same way. The fear of tyrannical government was overwhelming. This fear has also appeared in the language of some states’ constitutions. For example Virginia’s Constitution expressly stipulates that ‘’a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power’’. Many other states have adopted a similar language This new constitution wasn’t supported by everyone. Four states refused to ratify the constitution and opposition to the constitution began to take place in these states. People claimed that a bill of rights had not been included, that the president had too much independence. They also thought that the Congress had too much powers and the national government had too much authority. iii. The bill of Rights (1791): The bill of rights is the first 10 amendments to the U.S. Constitution. Written by James Madison in response to calls from several states for greater constitutional protection for individual liberties, the Bill of Rights lists specific prohibitions on federal and on state governments. Among the rights protected under this bill is, the right to free speech and religion, the right to assemble and the right to petition the government. It also sets some safeguards to citizens during trials such as the right not to be tried for the same crime twice, the right not to incriminate oneself and the right to be tried by a jury. The 2nd Amendment was one of these rights provided in the Bill. It was provided as a kind of check on the power of the federal government to raise a standing army. It kept the right for every state to maintain its militia to protect itself, as early Americans perceived standing armies as a threat to liberty. They feared that federal government might misuse this army to oppress people. iv. Interpretation of the Second Amendment The language of the Second Amendment has created considerable debate regarding the Amendment's intended scope. This amendment has been interpreted in two ways: On the one hand, some believe that the Amendment's phrase "the right of the people to keep and bear Arms" creates an individual constitutional right for citizens of the United States to keep and carry guns. Under this "individual right theory", the United States Constitution restricts legislative bodies from prohibiting firearm possession. On the other hand, some believe that "a well regulated Militia" means that the Framers intended only to restrict Congress from taking away a state's right to self-defense. This theory is called "the collective rights theory". A collective rights theory of the Second Amendment asserts that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without infringing a constitutional right.   A standing army: a permanent army of paid soldiers  "Bill of Rights of the United States of America." Bill of Rights Institute. 18 Apr. 2014 <http://billofrightsinstitute.org/founding-documents/bill-of-rights/>.

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V. U.S. Supreme Court decisions regarding the Second Amendment: 1. United States v. Miller (1939) *Facts of the case: In 1939 Jack Miller and Frank Layton were charged with violating the National Firearms Act ("NFA") when they transported a double barrel 12-gauge shotgun in interstate commerce. The National Firearms Act criminalizing the shipment of a sawed-off shotgun in interstate commerce. Miller and Layton argued that the NFA violated their Second Amendment right to keep and bear arms. The question was does the Second Amendment protect an individual's right to keep and bear arms? *Decision: the U.S. Supreme Court has adopted a collective rights approach in this case, determining that Congress has the right to regulate a sawed-off shotgun under the National Firearms Act of 1934 because the evidence did not suggest that the shotgun "has some reasonable relationship to the preservation or efficiency of a well regulated militia . . . .” The Court then explained that the Framers included the Second Amendment to ensure the effectiveness of the military. The Court added that, "we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument." This precedent stood for nearly 70 years till District of Columbia v. Heller in 2008. 2. District of Columbia v. Heller (2008) *Facts of the case: The District of Columbia prohibited the possession of handguns, and no person could carry a handgun without a license. However, the Chief of Police may issue licenses for 1-year periods. In addition, residents were required to keep such firearms “unloaded and dissembled or bound by a trigger lock or similar device” unless they are located in a place of business or are being used for a lawful recreational activity. The defendant Dick Heller was a special police officer authorized to carry a handgun while on duty, and applied for a registration for a handgun he wanted to keep at home. The district denied such a registration. He filed suit claiming that the ban on the registration of handguns, the licensing requirement violated the Second Amendment.  *Decision: The U.S. Supreme Court held that the ban of handguns in Washington, D.C. is unconstitutional and it was held that the Second Amendment guarantees an individual right to possess firearms independent of service in a state militia and to use firearms for traditionally lawful purposes, including self-defense within the home. In so doing, it adopted the so-called “individualright” theory of the Second Amendment’s meaning and rejected the rival interpretation, the “collective-right” theory. The court held that, because the framers understood the right of self"Second Amendment." LII / Legal Information Institute. Cornell University Law School. 18 Apr. 2014 <http://www.law.cornell.edu/wex/second_amendment>. UNITED STATES v. MILLER. The Oyez Project at IIT Chicago-Kent College of Law. 14 April 2014. <http://www.oyez.org/cases/1901-1939/1938/1938_696>. 

"District of Columbia v Heller." Casebriefs. 17 Apr. 2014 <http://www.casebriefs.com/blog/law/constitutionallaw/constitutional-law-keyed-to-chemerinsky/the-federal-judicial-power/district-of-columbia-v-heller/>.

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defense to be “the central component” of the right to keep and bear arms, the Second Amendment implicitly protects the right “to use arms in defense of hearth and home.” However, it was ruled also that the right to keep and bear arms is not absolute and that some restrictions may be placed. The Supreme Court identified several examples of constitutional regulations, including laws prohibiting firearm possession by felons and mentally ill, forbidding guns in sensitive places such as schools and government buildings, and laws imposing conditions and qualifications on the commercial sale of arms. The Court also noted that the Second Amendment is consistent with laws banning ‘’dangerous and unusual weapons’’ and laws ‘’regulating the storage of firearms to prevent accidents’’. Despite this landmark decision courts remain a battleground on to what extent can guns be banned.

b. Who can own a gun? Who can acquire a gun depends on the place of buying and the age of the buyer, and the type of the gun.

Federal (Place)

Law Handguns (Type)

Long (Type)

Federal firearms licensed Licensed firearms dealers may not sell dealers (FFL) or deliver a handgun or ammunition for a handgun to any person the dealer knows or has reasonable cause to believe is under the age of 21

guns

Licensed firearms dealers may not sell or deliver a long gun, or ammunition for a long gun, to any person the dealer knows or has reasonable cause to believe is under the age of 18

 Ellis, Joseph J. "There's no unlimited right to bear arms." Los Angeles Times. 08 Sept. 2013. Los Angeles Times. 17 Apr. 2014 <http://articles.latimes.com/2013/sep/08/opinion/la-oe-ellis-guncontrol-nullification-20130908>.  "Minimum Age to Purchase & Possess Firearms Policy Summary." Law Center to Prevent Gun Violence. 1 Oct. 2013. 17 Apr. 2014 <http://smartgunlaws.org/minimum-age-to-purchase-possessfirearms-policy-summary/>.

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Unlicensed dealers (Sales Unlicensed persons may not sell, between individuals) deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18

Unlicensed persons may sell, deliver, or otherwise transfer a long gun or long gun ammunition to a person of any age

c. Gun Laws in the United States of America Regulation of firearms in the United States works on two levels, on the federal level and on a state level i. Federal Gun Laws: Federal law restricts who can own, possess, or sell a gun. They establish the minimum requirements for gun possession and sales nationwide. 1. The National Firearms Act 1934: It was the first federal gun control law as a response to increasing gun violence in the United States by gangsters. This law imposed high taxes on certain firearms such as machine guns, short barreled shotguns, short barreled rifles, destructive devices and silencers. Moreover, the law restricted the sale and possession of these guns by requiring their registry with the secretary of treasury. The Congress wanted to make it difficult to buy or deal in firearms that have a destructive firepower such as machine guns or that can be concealed  2. The Gun Control Act of 1968: The Gun Control Act was spurred by the assassinations of President John F. Kennedy, Robert Kennedy and Martin Luther King Jr. The Gun Control Act of 1968, which became the primary federal law regulating firearms. The GCA's stated goals are to ‘’keep firearms out of the hands of those not legally entitled to possess them because of age, criminal background or incompetency’’. It prohibits all convicted felons, drug users and the mentally ill from buying guns; raises the age to purchase handguns from a federally licensed dealer to 21; requires anyone in the business of selling guns to be federally licensed and keep permanent sales records. 3. The Firearm Owners Protection Act of 1986: Prompted by complaints that the federal government has been abusing its power to enforce gun laws, Congress passed the Firearm Owners Protection Act of 1986. The law limits the Bureau of Alcohol, Tobacco and Firearms from inspecting gun dealers more than once a year, with follow-up inspections allowed only if multiple violations are found. An amendment is also passed banning civilian ownership of machine guns (automatic weapons) manufactured after May 19, 1986. Whereas, weapons made and registered before that date were not affected. The law also forbids the government from creating a national registry of gun ownership. 4. Brady Handgun Violence prevention Act of 1993: The Brady Law requires that Federally Licensed Dealers conduct background checks on any individual who purchases a weapon from them. The background check is to determine if the individual is a “prohibited person” or not. Although the Gun Control Act 1968 (GCA) made it illegal for felons and other prohibited persons to possess or  "National Firearms Act (NFA)." GunPolicy.org. 18 Apr. 2014 <http://www.gunpolicy.org/firearms/citation/quotes/2036>. "History of gun-control legislation." Washington Post. 22 Dec. 2012. The Washington Post. 18 Apr. 2014 <http://www.washingtonpost.com/national/history-of-gun-controllegislation/2012/12/22/80c8d624-4ad3-11e2-9a42-d1ce6d0ed278_story.html>.

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acquire firearms, Federally Licensed Dealers had no way to know whether a customer was lying about his background in order to get a gun. The Brady Law changed this by requiring that Federally Licensed Dealers to check with law enforcement officials before selling a firearm. Moreover, to ensure privacy, the Act prevents the Federal government from keeping the names submitted for background checks, or using this information to create any sort of registry of gun owners. In 1998 the FBI's National Instant Criminal Background Check System (NICS), a computerized background check was created. It’s used to determine if a would-be gun buyer is legally permitted to acquire a gun. Depending on the individual state, a federal licensed dealer may contact NICS directly or through their state point-of-contact. In its first year of operation, NICS denied firearms to more than 160,000 felons, fugitives, and other prohibited persons. Overall, since 1993, the Brady Law has prevented more than 500,000 prohibited persons from acquiring firearms from licensed dealers. By 2014 over 107 million Brady-mandated background checks were conducted   It is worth noting that the law was named after James Brady the press secretary of President Ronald Regan. Both of them were shot during an attempt to assassinate Regan. Ronald Regan was shot in the chest but he later recovered while Brady was shot in the head and was left permanently disabled. 

Although the Brady Act provides an essential mechanism for keeping guns away from convicted felons and other prohibited purchasers, the act has some loopholes: The private sale loophole: The Brady Act applies only to sales by federally Licensed Dealers. Accordingly, persons who purchase firearms from private sellers – estimated to be 40 percent of all gun purchasers – are not required to undergo background checks. Federal law imposes various duties on federally licensed firearms dealers. Firearms dealers must, 1) perform background checks on prospective firearm purchasers; 2) maintain records of all gun sales; 3) make those records available to law enforcement for inspection; 4) report multiple sales; and 5) report the theft or loss of a firearm from the licensee’s inventory. Federal law imposes none of these requirements on unlicensed sellers People who are required to acquire a federal license before dealing in guns are those who are engaged in the business of dealing in firearms. Although Congress did not at the beginning define the term “engaged in the business,” it did so in 1986 as part the “Firearms Owners’ Protection Act”. That Act defined the term “engaged in the business,” as applied to a firearms dealer, as “a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms.” However, the term was defined to exclude a person who “makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.” "HISTORY OF FEDERAL FIREARMS LAWS IN THE UNITED STATES."USDOJ: United States Department of Justice Archive - Appendix C. 18 Apr. 2014 <http://www.justice.gov/archive/opd/AppendixC.htm>.  ‘’History of gun-control legislation.’’ Op. Cit.  Levy, Michael. "The Assassination Attempt on Ronald Reagan 30 Years On."Encyclopedia Britannica Online. 30 Mar. 2011. Encyclopedia Britannica. 18 Apr. 2014 <http://www.britannica.com/blogs/2011/03/assassination-attempt-ronald-reagan/>.

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Consequently, unlicensed sellers (private individuals) may sell firearms without conducting background checks or documenting the transaction in any way. In addition, because federal law does not require private sellers to inspect a buyer’s driver’s license or any other identification, there is no obligation for such sellers to confirm that a buyer is of legal age to purchase a firearm. As a result, convicted felons, minors and other prohibited purchasers can easily buy guns from unlicensed sellers. But how many guns are sold through private individuals? A national survey of firearm ownership conducted in 1994 determined that 60% of all firearm sales in the U.S. involved federally licensed dealers, while nearly 40 percent of gun transactions in America occur through private party sales. Which are made without having to go through a background check. Gun shows loophole: A gun show is a temporary exhibition or gathering in the United States where firearms, firearm accessories, ammunition, literature, knives, and miscellaneous collectibles are displayed, bought, sold, traded, and discussed. Gun shows also often include exhibitions related to hunting and the preparation and preservation of wild game for consumption. They also may be used by gun manufacturers to demonstrate new firearm models, or by gun enthusiasts to exhibit antique or unusual guns. Gun shows also serve meeting places for shooters to discuss gun culture topics such as the right to keep and bear arms. People who sell firearms at gun shows are of two kinds :  Federally licensed firearms dealers, they can conduct business at a gun show or event located in the same state specified on the license. Federally licensed firearms dealers must conduct background checks on prospective purchasers and maintain sales records of transactions at gun shows 

People who are not engaged in the business of selling firearms, but who sell firearms from time to time (such as a man who sells a hunting rifle to his brother-in-law), are not required under federal law to conduct background checks. Similarly, if a gun collector dies and his widow wants to sell the guns, she does not need a federal firearms license because she is just selling off inherited property and is not “engaged in the business.” She can rent a table at a gun show and sell the entire collection. Such transactions may increase the risk of weapons falling into the hands of convicted felons, juveniles or those who are mentally ill.  A 1999 ATF study found that 25% to 50% of gun show vendors are unlicensed

"Federal Law on Gun Shows." Law Center to Prevent Gun Violence. 18 Apr. 2014 <http://smartgunlaws.org/federal-law-on-gun-shows/>. Coppel, David. "The Facts about Gun Shows." Cato Institute. 10 Jan. 2000. Cato Institute. 18 Apr. 2014 <http://www.cato.org/publications/commentary/facts-about-gun-shows>. Kirkham, Chris. "Private Gun Sale Loophole Creates Invisible Firearms Market, Prompts Calls For Reform." The Huffington Post. 21 Dec. 2012. 18 Apr. 2014 <http://www.huffingtonpost.com/2012/12/21/private-gun-sales-sandy-hook_n_2347420.html>. ‘’ Federal law on Gun Shows’’ Op. Cit.

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However, some states have opted to go further than federal law by requiring background checks at gun shows for any gun transaction, federal licensee or not. Five states, most recently Colorado and Connecticut, mandate universal background checks, an even more stringent standard that imposes background checks on almost all gun purchases, including over the Internet. So, if someone wanted to purchase from an unlicensed seller at a gun show or anywhere else, he or she would have to go to a federally licensed seller to certify the transaction, the licensed dealer would have to perform a background check before the sale could go through and keep a record of the transfer. Straw Purchases: A straw purchase occurs when the actual buyer of a firearm is unable to pass the required federal background check, or does not want his or her full name associated with the purchase, and has someone else who can pass the required background check purchase the firearm for him or her.A straw purchase is already punishable, under federal law, carrying a maximum sentence of 10 years imprisonment and a $250,000 fine. Federal firearms licensees can also be held accountable for knowingly aiding a straw purchase. The three-day limit for background checks: Under the Brady Act, if the federally licensed dealer has not been notified within three business days that the sale would violate federal or state laws, the sale may proceed by default. This loophole in federal law, known as a “default proceed,” which allowed 3,849 prohibited purchasers to buy guns during the first year of operation of NICS. Access to mental health records: Although federal law prohibits the purchase of a firearm by any person who has been declared mentally defective or involuntarily committed to a mental institution, many states do not collect information about persons who fit these criteria or provide law enforcement access to this information. There are many Americans who have been involuntarily committed to mental institutions and are barred by federal law from possessing firearms. Despite the fact that the number of mental health records provided to NICS has increased in 2007, there were approximately 400,000 mental illness remains significantly underreported. As a result of the FBI’s lack of information about mentally ill persons, an FBI background check is unlikely to find that a person is ineligible to possess a firearm due to mental illness. Because of these reporting deficiencies, mentally ill persons in the U.S are easily able to buy guns in violation of federal law.  For example, the Virginia Tech shooter, who killed himself and 33 people in 2007, had passed two background checks because Virginia didn't submit his mentally ill status to the database. "Gun Show Background Checks State Laws." GOVERNING. 18 Apr. 2014 <http://www.governing.com/gov-data/safety-justice/gun-show-firearms-bankground-checks-statelaws-map.html>. "Don't Lie For The Other Guy." National Shooting Sports Foundation. National Shooting Sports Foundation. 18 Apr. 2014 <http://www.nssf.org/factsheets/PDF/strawPurchase.pdf>. "Federal Law on Private Sales." Law Center to Prevent Gun Violence. 18 Apr. 2014 <http://smartgunlaws.org/federal-law-on-private-sales/>. Martinez, Michael. "'Universal background check:' What does it mean?" CNN. 28 Jan. 2013. 18 Apr. 2014 <http://edition.cnn.com/2013/01/14/us/universal-background-checks/>. 147

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v. The Violent Crime Control and Law Enforcement Act of 1994: This law was enacted during the term of President Bill Clinton and commonly referred to as ‘’Assault Weapons Ban’’. It instated 10 year prohibition on the manufacture, transfer or possession of semi-automatic assault weapons. It also contained a limit on high capacity magazines which shall carry no more than 10 rounds. But what’s an assault weapon? From the technical point of view there is no specific definition for ‘’Assault’’ weapons. Accordingly, lawmakers defined what criteria or features could make a weapon an assault weapon, therefore would fall under the prohibited category of weapons. Assault weapons were defined as: A semi-automatic rifle if it had the ability to accept a detachable magazine and two of the following features: (1) a folding or telescopic stock (2) a pistol grip (3) a bayonet mount (4) flash suppressor or threaded barrel designed to accommodate flash suppressor (5) a grenade launcher or a Semiautomatic pistol that had the ability to accept a detachable magazine and two of the following features: (1) a magazine that attaches outside the pistol grip (2) threaded barrel to attach barrel extender, flash suppressor, handgrip, or silencer (3) barrel shroud safety feature that permits the shooter to hold the firearm with the non-trigger hand without being burned (4) a semi-automatic version of an automatic firearm. Or a semiautomatic shotgun if it had at least two of the following features: (1) a folding or a telescoping stock (2) pistol grip (3) fixed magazine capacity in excess of 5 rounds (4) an ability to accept detachable magazine. The law also banned some other weapons specifically by model name such as the AR-15, Steyr AUG, UZI and some other semi-automatic firearms. All of these weapons were banned because of the fact that they tend to be military style weapons useful in military and criminal context. These weapons were seen as inappropriate for sporting and self-defense purposes or civilian use in general. However, The law had a ‘’grandfather clause’’ which means that weapons manufactured before the date of enactment (1994) can be transferred and possessed by their owners. Because the law cannot be applied retrospectively. This law took effect September 13, 1994, and expired on September 13, 2004, due to a sunset provision. Therefore, it is now, once again, legal to own or possess semi-automatic firearms as well as magazines capable of holding more than ten rounds of ammunition. However, about seven states issued their own laws that ban assault weapons due to the failure of the federal government to reestablish the ‘’Assault Weapons Ban’’

 Federal Assault Weapons Ban: Legal Issues. Rep. 14 Feb. 2013. Congressional Research Service. 18 Apr. 2014 <https://www.fas.org/sgp/crs/misc/R42957.pdf>.  Sunset provision: a clause that provides that a provision of the law is automatically repealed on a specific date, unless legislators reenact the law.  "Assault Weapons Policy Summary." Law Center to Prevent Gun Violence. 18 Apr. 2014 <http://smartgunlaws.org/assault-weapons-policy-summary/>

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ii. States’ Gun Laws: The majority of gun legislation in the US is enacted at the state level. That has brought broad variations across the country, with states taking different approaches to issues ranging from sales, permits and licensing, self-defense and carry laws. a. Permit to purchase: This is a permit or a license that allows a person to purchase and possess a firearm. In most states it’s not required to obtain a license to purchase a gun. However, some states require a permit to purchase a firearm. States that Require a License or Permit for All Firearms : California, Connecticut, District of Columbia, Hawaii, Illinois, Massachusetts, and New Jersey States that Require a License or Permit for Handguns Only: Iowa, Michigan, Maryland, Nebraska, New York, North Carolina, and Rhode Island b. Carrying firearms: open and concealed: Open-carry and concealed-carry laws determine how citizens can carry firearms in public. Although most states don’t require a permit to purchase a gun as mentioned above, on the contrary, almost all states require permits in order to carry a gun. Concealed carry generally refers to handguns, and is allowed in most states through various permits, requirements and local discretion. States that permit open carry vary in the types of firearms permitted, and often have exceptions that prohibit firearms in some locations. Concealed carry: Concealed Carry is the practice of carrying a firearm in a concealed manner. There are generally two methods of doing this. The first method involves the weapon being concealed on the body such as using a waist-holster. The second method usually involves having the weapon concealed in close proximity to an individual such as a loaded firearm in the glove box or a loaded weapon in any concealed location of a vehicle. These two methods are most common scenarios for the use of concealed carry. U.S states with regard to carrying concealed handguns are divided into three categories:  Unrestricted States: These are states in which a permit is not required to carry a concealed handgun. Only 4 states fall into this category (Alaska, Arizona, Vermont, and Wyoming)  Shall-issue States: These are states in which a permit is required to carry a concealed handgun. The granting of such permit is subject to meeting determinate criteria specified in the law; the granting authority has no discretion in the awarding of the permits, and there is Simpson, Michael. "Guide To Buying a Gun - How To Buy a Gun." About.com. 18 Apr. 2014 <http://weapons.about.com/od/buyingagun/p/Gun-Buying-Guide.htm>. "Licensing Gun Owners & Purchasers Policy Summary." Law Center to Prevent Gun Violence. 23 Aug. 2013. 17 Apr. 2014 <http://smartgunlaws.org/licensing-of-gun-owners-purchasers-policysummary/> "Gun Laws permits statistics - states compared - StateMaster." StateMaster. 18 Apr. 2014 <http://www.statemaster.com/graph/gov_gun_law_per-government-gun-laws-permits>. "Concealed Carry Law - Your Guide To Concealed Carry Permits In Your State."Concealed Carry Law. 18 Apr. 2014 <http://concealedcarrylaw.net/>.

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no requirement of the applicant to demonstrate "good cause". The issuing authority will grant the permit to anyone who meets the legal requirements. 37 states fall into this category.  May-issue States: These are states in which a permit is required to carry a concealed handgun. However, these states give full discretion to the issuing authorities to grant or deny the permit, based on the guidance of various statutory factors. Even if the general requirements are met, a permit does not have to be issued. 9 states fall into this category (California, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, New Jersey, New York and Rhode Island) Open Carry: Open Carry is the practice of carrying a firearm openly without concealment. Open Carrying of Handguns: Only six states, California, Florida, Illinois New York, South Carolina, and Texas, as well as the District of Columbia, prohibit the open carrying of handguns in public places. Thirty-one states allow the open carrying of a handgun without any license or permit, although in some cases the gun must be unloaded. Thirteen states require some form of license or permit in order to openly carry a handgun. Open Carrying of Long Guns: Six states, California, Florida, Illinois, Massachusetts, Minnesota and New Jersey, as well as the District of Columbia, generally ban the open carrying of long guns (rifles and shotguns). In the 44 remaining states, openly carrying a long gun is legal, although in three of these states, Iowa, Tennessee and Utah; the long gun must be unloaded. In addition, Virginia and Pennsylvania limit the ability to openly carry long guns in certain cities. In a majority of states, it is legal for an individual to openly carry a loaded firearm in public without a permit.

IV. Impact a. Mass Shootings Mass murder is defined by the FBI as the killing of four or more persons in one incident over a short period of time. The United States of America has witnessed tens of mass shooting during the past few years. Those are some of the deadliest and most controversial shootings that recently occurred in the United States. 

April 16, 2007, Virginia Tech Massacre.

"Concealed Weapons Permitting Policy Summary." Law Center to Prevent Gun Violence. 18 Apr. 2014 <http://smartgunlaws.org/concealed-weapons-permitting-policy-summary/>. "Open Carrying Policy Summary." Law Center to Prevent Gun Violence. 18 Apr. 2014 <http://smartgunlaws.org/open-carrying-policy-summary/>.  Follman, Mark, Gavin Aronsen, and Deanna Pan. "A Guide to Mass Shootings in America." Mother Jones. 2 Apr. 2014. 18 Apr. 2014 <http://www.motherjones.com/politics/2012/07/mass-shootings-map>.

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A Korean student opened fire in Virginia tech campus and killed thirty three people in what’s known as the deadliest mass shooting in the U.S. history. He took his own life before being held in custody. He had some mental health issues; however, he was still able to buy a gun legally.   Sept. 16, 2013, Navy Yard complex in Washington. A gunman opened fire at a naval complex killing 13 people, which became one of the worst attacks on a military base in the U.S. History. The attacker was named as Aaron Alexis, a 34-year-old subcontractor and former reservist stationed in Texas until he was discharged in 2011. Police records showed that he had been arrested at least twice in the past for gun-related incidents. Alexis died after a firefight with police and security staff. Moreover, Alexis was carrying three weapons during the attack. The weapons were an AR-15 assault rifle, a shotgun and a handgun that he acquired from a police officer at the scene. There were reports that he legally purchased at least some of the weapons used in the assault within the past few days in Virginia.  Dec. 14, 2012, Sandy Hook Elementary School in Newtown, Connecticut. Adam Lanza, a 20-year-old, killed his own mother by shooting her in the head. That was just before heading to Sandy Hook elementary school carrying three guns. He opened fire and killed 27 children and teachers. He shot himself after the deadly rampage. Lanza was diagnosed with autism and had other mental health problems. This tragedy shocked all Americans and renewed the debate about gun violence.  Jul. 20, 2012, Aurora Movie theatre, Colorado During the premiere of Batman’s movie ‘’The Dark Knight Rises’’, a gunman opened fire in a movie theatre in Aurora, Colorado. 12 people were killed and other 58 were injured, nearly everyone at the cinema was shot. The police managed to arrest the suspect who was later identified as James E. Holmes. Holmes, wore a protective gear during the shooting, dyed his hair red and orange and identified himself as ‘’The Joker’’. Moreover, guns used by him were purchased legally from a shop at Denver, Colorado. He also bought more than 6,000 rounds of ammunition from online retailers.

b. Statistics

 "Massacre at Virginia Tech leaves 32 dead." History.com. 16 Apr. 2007. 18 Apr. 2014 <http://www.history.com/this-day-in-history/massacre-at-virginia-tech-leaves-32-dead>. Hoffer, Steven. "Washington Navy Yard Shooting: 13 People Confirmed Dead, Including Shooter." The Huffington Post. 16 Sept. 2013. TheHuffingtonPost. 18 Apr. 2014 <http://www.huffingtonpost.com/2013/09/16/washington-navy-yard-shooting_n_3934027.html>.  "Newtown gunman 'had weapons arsenal'" BBC News. 28 Mar. 2013. 18 Apr. 2014 <http://www.bbc.com/news/world-us-canada-21969906>.  Pearson, Michael. "Gunman turns 'Batman' screening into real-life 'horror film'"CNN. 18 Apr. 2014 <http%3A%2F%2Fedition.cnn.com%2F2012%2F07%2F20%2Fus%2Fcolorado-theater-shooting %2Findex.html>

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

There are about 310 million guns in the U.S.A. which means that America has the highest rate of gun ownership of any country in the world, by a wide margin. In other words, the United States is the most heavily armed nation.

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In 2011, the total number of gun deaths was In the United States, annual deaths resulting

from firearms total 32,163 this number includes homicides and suicides 

There were 8,583 homicides by firearms in 2011, out of 12,664 homicides total, according to the FBI. More than two-thirds of homicides involve a firearm. 6,220 of those homicides by firearm (72%) are known to have involved a handgun. It's worth noting that violent crime rates of all types have been steadily decreasing since the early 1990s. No one knows the exact reason for this decrease, though there are many theories, ranging from tighter gun control laws to changes in the drug market. Whatever the cause of this decline, America still has a homicide rate of 4.7 murders per 100,000 people, which is one of the highest of all developed countries

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Guns are also involved in suicides and accidents. 19,392 of 38,264 suicides in 2010 involved a gun (50%),

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The economic cost of gun violence in U.S. is estimated to be 100 billion dollars.

Stray, Jonathan. "Gun Violence in America: The 13 Key Questions (With 13 Concise Answers)." The Atlantic. 04 Feb. 2013. Atlantic Media Company. 18 Apr. 2014 <http://www.theatlantic.com/national/archive/2013/02/gun-violence-in-america-the-13-keyquestions-with-13-concise-answers/272727/#howmuchviolence>. "Gun Facts, Figures and the Law." GunPolicy.org. 18 Apr. 2014 <http://www.gunpolicy.org/firearms/region/united-states>.

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In 2011, The number of licensed firearm dealers in the United States is reported to be 123,587

Figure (2.5) Public who favor gun control vs. Public who favor gun rights from 1993 till 2013 Courtesy of Pew Research Center

Figure (2.7) Percentage of people who own guns on their property from 1991 - 2011 Courtesy of Gallup

Figure (2.6) Public Support for different gun polices in 2012 Courtesy of Pew Research Center

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Figure (2.6) Public Support for different gun polices in 2012 Courtesy of Pew Research Center

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V) Legislative Options As gun control remains a contentious and a hot topic which cannot be solved overnight, many bills were introduced into the Congress and other states’ legislative bodies. These bills main target was to curb gun violence, create a safer environment for citizens and to put more regulations on firearms. The following points were the solutions proposed by these bills to the chronic problem of gun violence:  Universal background checks. The main argument held by gun control advocates for years is that universal background checks will help to keep out guns of the wrong hands, it will also eventually lead to significant drop in mass shootings, murders or any other crime committed by a gun. According to this proposition everyone who is willing to purchase a gun will have to undergo a background check whether he is buying from a federal licensed dealer or from a private individual with very low exceptions such as gun transfer within one family could be excluded from that process. Such measure can close the private sale loophole in which 40% are sold. On the other hand, gun rights groups question the effectiveness of such background checks as many criminal acquire their guns in a black market away from any legal proceedings; in addition, many crimes were committed by people who have passed a background check. 

Reinstating a ban on assault or military-style weapons. Gun control advocates believe that 1994 Federal assault weapons ban must be reinstated with much more details and more restrictions on these types of weapons due to their grave danger on civilians. However, some claim that the federal ban on assault weapons didn’t reduce gun crimes. This claim was supported by some studies

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Putting limits on the number of rounds a magazine can carry and putting limits on maximum number of firearms one can purchase. But it’s believed that these limits might go against an inalienable right enshrined in the second amendment of the U.S. constitution.

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Requiring mental health institutions to report mentally ill people to the authorities and failing to do so would be a crime. Furthermore, states should submit their records to the National Instant Criminal Background Check System (NICS)

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Banning online gun sales or requiring it to be made through a federal licensed arms dealer (FFL)

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Establishing gun free zones. A gun free zone is an area where the possession or the use of guns is prohibited, such as, schools, college campuses, places of worship, a federal building or a national park. However, these gun free zones are criticized by gun rights group that they undermine the right of self-defense, and give the criminal an advantage over the law abiding citizen.

 Good, Chris. "The Case Against Gun Background Checks." ABC News. ABC News Network, 10 Apr. 2013. Web. 25 Apr. 2014. <http://abcnews.go.com/blogs/politics/2013/04/the-case-against-gunbackground-checks/>.  "Editorial: Laws don't stop shooting sprees." The Orange County Register. N.p., 23 July 2012. Web. 26 Apr. 2014. <http://www.ocregister.com/articles/gun-365044-victims-ban.html>.  "Gun free zone Law & Legal Definition."US Legal. N.p., n.d. Web. 26 Apr. 2014. <http://definitions.uslegal.com/g/gun-free-zone/>.

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Third Topic: Felon Voting Rights Introduction I. Citizenship and the Right to Vote……………………………………………..144 a. What is citizenship b. What is the right to vote? II. Voting in the United States of America………………………………………..145 a. U.S. Constitution regarding the right to Vote b. History of Voting in the United States of America III. Felon Disenfranchisement……………………………………………………..146 a. History i. Origins ii. History of Felon Disenfranchisement in the U.S. and its justifications b. Legal Status of Felon Disenfranchisement in the U.S. i. Laws ii. Legal Challenges and Supreme Court Decisions IV. Implications of Felon Disenfranchisement………………………………………151 V. International Perspective…………………………………………………………152 a. Other Countries b. International Treaties and Conventions

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Felon Voting Rights Introduction Out of a desperate need for a justice system that serves the people well, every nation created its own. But the efficiency of laws introduced by those systems are questioned daily. And the reasons behind establishing those laws might be vague or unfair. Through thorough discussion of such laws and regulations, a more prosperous result can be achieved and a much better way of living. Therefore we find it of extreme importance to properly define a felon, his basic rights and duties. What's fair and ?what's not

I. Citizenship and the right to vote a. What’s Citizenship? All countries have rules that determine who is a citizen, and what rights and responsibilities come with citizenship. Citizenship is defined as the relationship between an individual and a state in which an individual owes allegiance to that state and in turn is entitled to its protection. Citizens have certain rights, such as the right to vote and to hold public office. The usual responsibilities of citizenship are allegiance, taxation, and military service

b. What’s the right to Vote? Voting is defined as a way that individuals can participate in governmental decision-making process. It’s an expression of preference for a candidate for office or for a proposed resolution of an issue. Voting might be in a national, state level or even local community elections The Universal Declaration of Human Rights, adopted unanimously by the United Nations General Assembly in 1948, recognizes the important role that elections play in ensuring the fundamental right to participatory government. The Universal Declaration of Human Rights in Article 21 states: ‘’Everyone has the right to take part in the government of his/her country, directly or "Citizenship." Encyclopedia Britannica Online. Encyclopedia Britannica. 18 Apr. 2014 <http://www.britannica.com/EBchecked/topic/118828/citizenship>.

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through freely chosen representatives. Everyone has the right of equal access to public service in his country. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret ballot or by equivalent free voting procedures.’’ The right to vote also is enshrined in the International Covenant on Civil and Political Rights, the European Convention for the Protection of Human Rights, the Charter of the Organization of American States, the African Charter on Human and Peoples’ Rights and many other international human rights documents. While the right to vote is widely recognized as a fundamental human right, this right is not fully enforced for millions of individuals around the world. Consistently disenfranchised groups include non-citizens, young people, minorities, those who commit crimes and many others who lack access to the vote for a variety of reasons including poverty, illiteracy, intimidation, or unfair election processes. 

II. Voting in the United States of America All citizens that are over the age of 18 are allowed to register for a vote. In all states, citizens must register before Election Day so that they can have a chance to vote, except for the states of Maine, Minnesota, and Wisconsin that allow their citizens to register on Election Day, and North Dakota that doesn’t require citizens to register at all. Every other state requires registration in advance of Election Day. Most states close the registration period 30 days before they hold the election. You must be registered in order to vote for any elective office in the U. S., from president to township advisory board. Registration is only required once as long as you live at the same address.

a. U.S Constitution Regarding the Right to Vote Most Americans believe that they have a constitutional right to vote. However, there is no explicit, affirmative declaration of the right to vote in the US constitution. Americans don’t have a federally protected right to vote enshrined in the constitution. The US constitution only provides for nondiscrimination in voting. In order to prevent states from certain broad abuses, such as denying the right to vote based on race (15th amendment), sex (19th amendment) or age (26th amendment). 

"The Right to Vote." University of Minnesota. 2003. University of Minnesota. 18 Apr. 2014 <http://www1.umn.edu/humanrts/edumat/studyguides/votingrights.ht DeLaney, Ann. "Should You Register to Vote?" For Dummies. 18 Apr. 2014 <http://www.dummies.com/how-to/content/should-you-register-to-vote.html>. "Right to Vote Frequently Asked Questions." FairVote. The Center for Voting and Democracy. 18 Apr. 2014 <http://www.fairvote.org/reforms/right-to-vote-amendment/right-to-vote-f-aq/#.UezYAI3X-vM>.

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The US constitution leaves the determination of voting qualifications or ‘’who can vote?’’ to individual states. States' statutes and laws determine who is eligible to vote in state and federal elections. States can prohibit certain individuals or group of citizens from voting as long as there’s no discrimination.

b. History of Voting in U.S.A In the year 1776, when the Declaration of Independence was signed, the right to vote during the Colonial and revolutionary periods was restricted to property owners, most of whom were white males. When the U.S. Constitution was adopted in 1787, there was no national standard for voting rights, so states were given the power to regulate their own voting laws. However, in most cases, voting rights were only given to white males who owned land, so that meant that by the time George Washington was elected president, only 6% of the population could vote. Towards the year 1856, Voting expanded to all white men. In 1870, the 15the Amendment passed stating that the right to vote cannot be denied by federal or state governments based on race; however, some states began applying voting taxes, literacy tests, and began using intimidation and scare tactics that restricted the African Americans’ ability to register for a vote. In 1920, after years of marches and protests with multiple trials of women trying to vote and getting arrested for it, the right to vote was extended to women when the 19th Amendment passed giving females the ability to vote in both state and federal elections. In 1961, the 23rd Amendment passed giving the citizens of Washington D.C. the right to vote in presidential elections; however, the district still to this day doesn’t have voting representation in the Congress. Even with the right to vote being allowed for African Americans, there were still many cases of violence against them trying to prevent their voting process. Then in 1964, the 24th Amendment passed guaranteeing that the right to vote in federal elections will not be denied for failure to pay any special tax to vote. In 1965, the Voting Rights Act passed, forbidding states from imposing restrictions on who can vote and setting the guidelines for the government to enforce its provisions. This Act was passed due to large marches protesting the injury and killing of people during the African American voter registration efforts. In 1971, voting age was lowered when the 26th Amendment passed granting voting rights to those 18 years of age. This was a result of the Vietnam War protests demanding the lowering of the voting age on the proposition that those who are old enough to fight in war are old enough to vote. In the year 2000, residents of U.S. colonies, territories that are under the political control of the United States such as Puerto Rico and the US Virgin Islands, still didn’t have the right to vote in the presidential elections.

III. Felon Disenfranchisement Disenfranchisement means that you deprive someone of the right to vote. Felon disenfranchisement is the practice of prohibiting people from voting because they have been convicted of a felony.  In criminal law, a felony is a category of crimes that are often classified as the most serious types of offenses. The main characteristic of a felony is that being found guilty of a felony will result in incarceration for at least one year. Also, the imprisonment will be served in a prison facility rather Field, Joshua. "Creating a Federal Right to Vote." Americanprogress. 25 June 2013. Center for American Progress. 18 Apr. 2014 <http://www.americanprogress.org/issues/civilliberties/report/2013/06/25/67895/creating-a-federal-right-to-vote/>.  "Definition of disenfranchise." Oxford dictionaries. 18 Apr. 2014 <http://www.oxforddictionaries.com/definition/english/disenfranchise? q=disenfranchisement#disenfranchise__21>.

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than a county or local jail establishment. Criminal fines may also be imposed for felony charges, often in the amounts of thousands of dollars. Among the crimes that are considered a felony: homicide, rape, arson, burglary, robbery, larceny, escaping from a prison, and assisting in a felony. Current, state and federal criminal statutes may categorize various other types of crimes as felonies. In the United States, conviction of a felony has ‘’civil’’ consequences. Offenders or felons may lose the right to vote, to serve on a jury, or to hold public office. Such consequences may continue even after the sentence has been served.

a. History of Felon Disenfranchisement i. Origins Punishments limiting the political rights of criminals have deep historical roots. Ancient Greeks employed “infamy” to deny criminals the right to vote, appear in court, serve in the army, make speeches, and attend assemblies. The Romans adopted these Greek concepts, prohibiting the “infamous” from holding office or voting and employing exile to serve as a merciful method of allowing criminals to escape legal punishment, maintain their honor, and start a new life far from their prior home. In England, as well as elsewhere in Europe, those who had violated society’s norms lost society’s protections. This generally resulted in a death sentence. In England, , a criminal’s real and personal property would be seized and returned to the king. They had also what’s called doctrine of “corruption of blood,” which means that attained criminals wouldn’t be able to handover land to their inheritors due to the notion that the offender’s next of kin were corrupted. The criminal would not be able to serve any legal purpose, such as filing for a lawsuit or testifying in court, because they will be suffering what is called a “civil death” or death in the eyes of the law. As William Blackstone, a famous English jurist noted, it was used “when it is . . . clear beyond all dispute, that the criminal is no longer fit to live upon the earth, but is to be exterminated as a monster and a bane to human society.” In France, perpetual banishment was similar to civil death and was considered the fourth harshest punishment behind torture, death, and a life sentence to the galleys. ii. History of Felon Disenfranchisement in the United States and its justifications The American colonies adopted England’s tradition of limiting the franchise. They imposed many requirements for one to participate in the voting. Such as property owning, literacy tests and others. In that time, there were two different theories. One held that non-property holders, being dependent upon others, would not be able to vote their own minds and instead would be manipulated by others; the other argued that non-property owners would band together and, focusing on their self-interest, violate the property rights of the wealthy. Also people were disenfranchised because of their race or gender. The disenfranchisement of felons was only a small slice of the suffrage restrictions that Clarke, Peter. "What is a Felony?" LegalMatch. 10 Mar. 2013. 18 Apr. 2014 <http://www.legalmatch.com/law-library/article/what-is-a-felony.html>. Schall, Jason. "The Consistency of Felon Disenfranchisement with Citizenship Theory." Harvard Blackletter Law Journal 22 (2006). <http://www3.law.harvard.edu/journals/hjrejarticles/archive/vol22/schall.pdf>.

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existed in the colonies. However, the practice of barring felons from voting had many justifications among them:  Social contract theory: according to this theory there is an agreement between the ruled and their rulers, by which men are said to have abandoned the 'state of nature' to form the society in which they now live. John Locke assumes that men at first lived at state of anarchy in which there was no society, no government. And that by social contract men had surrendered their natural liberties in order to enjoy the order and safety of organized state. Social contract theory is used to justify felon disenfranchisement. Felons have broken the social contract through his actions, and that they do not have the moral competence to participate in governing the society. A man who cannot abide by the basic values of society shouldn’t be entrusted with selecting the nation’s leaders. In other words, those who break the law shouldn’t be allowed to participate in making the law, whether as a voter or as a political candidate. However, this theory may not be able to provide justification for denying the right to vote or hold public office after completion of sentence 

To prevent harmful changes to the law: advocates for felon disenfranchisement believe that most, if not all, felons would vote to weaken the content and administration of criminal laws. Perpetrators of serious crimes should not take part in electing those who create and enforce that laws that the felons have broken.

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To protect the purity of the ballot box: Convicted felons do not possess the requisite moral character to vote in a responsible way. Proponents of this justification analogize disqualification because of immorality to disqualification because of insanity or feeblemindedness.

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Protection against voter fraud: Proponents of the voter fraud justification claim that because of the felon’s history of breaking the law, the felon is more likely to violate election laws as well. However, there is no evidence that a felon is more likely than average citizen to commit a voter fraud.



Additional punishment: Prohibiting a felon from his right to vote serves as a kind of additional punishment.

 "Does the Social Contract Justify Felony Disenfranchisement?" Washington University Jurisprudence Review 1 (2009): 213-15. 18 Apr. 2014 <http://digitalcommons.law.wustl.edu/cgi/viewcontent.cgi?article=1004&context=jurisprudence>.  Steinacker, Andrea. "The Prisoner 's Campaign: Felony Disenfranchisement Laws and the Right to Hold Public Office." BYU Law Review 2003 (2003): 821. <http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=2167&context=lawreview>.  Ibid, p.822  Ibid, p.821

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b. Legal Status of Felon Disenfranchisement in the U.S. i. Laws Most states have some restrictions on the right of convicted felons to vote. State law governs the removal of the right to vote even if the conviction is federal. That’s why Felon disenfranchisement laws vary widely from the most liberal to the most conservative states. For example, a citizen who is convicted of a felony in Vermont can vote from prison while serving his sentence. If the same citizen commits the same crime in Virginia, he can never vote again unless the governor restores his rights. Restoration of the right to vote may also depend on (release from prison – Completion of sentence including parole and probation1 – payment of legal and court fees – a waiting period – whether the felony is violent or non-violent). Each State has its own law that determines how the right to vote can be restored. States’ laws fall within 5 categories:  States which do not impose any restriction on the right to vote for convicted felons which means that felons can vote from behind bars through an absentee ballot. (Maine – Vermont) 

States in which voting rights are restored automatically upon release from prison which means that Probationers and Parolees can vote. 13 states: (District of Columbia, Hawaii, Illinois, Indiana, Massachusetts, Michigan, Montana, New Hampshire, North Dakota, Ohio, Oregon Pennsylvania, Rhode Island and Utah)

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States in which voting rights are restored automatically once released from prison and discharged from Parole. This means that only probationers can vote, parolees cannot. 4 states (California, Colorado, Connecticut, New York)



States in which voting rights are restored automatically upon completion of sentence including parole and probation. This means that Probationers and Parolees cannot vote. 20

1 Probation: is a type of criminal sentence that permits the offender to remain in the community setting instead of serving time in a jail environment. The defendant remains free so long as the terms of the probation are being met. Conditions of probation might include reporting to a probation officer on a regular basis; refraining from the use or  abuse of alcohol or drugs; maintaining regular employment or continuing with schooling; not changing a residence without prior notice and permission; and not committing a criminal offense while on probation Parole: is the supervised release of an inmate from a jail sentence. The prisoner is released from jail into the community before the natural conclusion of the original jail term as sentenced. The conditions of parole are similar to those imposed under probation, including regular reporting to an assigned parole officer.  "Voting as an Ex-Offender." Nonprofit Vote. 18 Apr. 2014 <http://www.nonprofitvote.org/voting-asan-ex-offender/>.  "State Felon Voting Laws." ProCon. 18 Apr. 2014 <http://felonvoting.procon.org/view.resource.php? resourceID=000286> 162

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states (Alaska, Arizona, Arkansas, Georgia, Idaho, Kansas, Louisiana, Maryland, Minnesota, Missouri, Nebraska, New Jersey, New Mexico, North Carolina, Oklahoma, South Carolina, Texas, Washington, West Virginia, and Wisconsin) ď&#x201A;ˇ

States in which restoration is dependent on type of conviction or outcome of an individual petition or application to the government. Which means that a convicted felon may lose his right to vote permanently. 11 states

o Alabama: Some persons convicted of a felony may apply to have their vote restored immediately upon completion of their full sentence. Those convicted of certain felony offenses such as murder, rape, incest, sexual crime against children and treason are not eligible for re-enfranchisement.

o Delaware: Persons convicted of murder or manslaughter, a felony offense against public administration involving bribery, improper influence or abuse of office, or a felony sexual offense, remain permanently disqualified from voting. Unless they receive a formal pardon from governor.

o Mississippi: Persons convicted of a felony are barred from voting only if they have been convicted of one or more of the following specific felony crimes (in alphabetical order): "murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement, bigamy, armed robbery, extortion, felony bad check, felony shoplifting, larceny, receiving stolen property, robbery, timber larceny, unlawful taking of a motor vehicle, statutory rape, carjacking, or larceny under lease or rental agreement" To regain the ability to vote, an individual, after completion of his/her sentence, must go to his/her state representative and convince them to personally author a bill restoring the vote to that individual. Both houses of the legislature must then pass the bill. Re-enfranchisement can also be granted directly by the governor.

o Kentucky: The ability to vote can be restored only when the Governor approves an application for an executive pardon from an individual convicted of a felony after completion of his/her sentence.

o Florida: All individuals convicted of any felony have to apply for executive clemency after a five year waiting period. Individuals who are convicted, or who have previously been convicted, of certain felonies such as murder, assault, child abuse, drug trafficking, arson, etc. are subject to a seven year waiting period and a clemency board hearing to determine whether or not the ability to vote will be restored. These are just examples. There are 5 more states which impose similar restrictions that may end up taking away the right to vote permanently. (Nevada, Tennessee, Wyoming, Iowa and, Virginia)

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In Summary 

48 states and District of Columbia prohibit voting while in prison.

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Only 2 states – Maine and Vermont – allow prisoners to vote

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35 states prohibit persons on parole from voting and 31 of these states exclude persons on probation as well.



In 11 states, a conviction can result in lifetime prohibition from voting.

ii. Legal Challenges and Supreme Court Decisions The 14th amendment to the U.S Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” including slaves. In addition, it forbids states from denying any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws.” The equal protection means that a state has to treat an individual or a class of citizens in the same way it treats another individual or class of citizens in like circumstances. Section 2 of this amendment provides that: ‘’Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.’’ This section imposes a penalty for states that refused to give the vote in federal elections to all adult male citizens. States that restricted voting could have had their representation in the House of Representatives reduced. This penalty was never imposed. There are many cases that are related to felon disenfranchisement, most of them were in state and lower federal courts. Few cases managed to make their way to the Supreme Court among these are:  "FELONY DISENFRANCHISEMENT LAWS IN THE UNITED STATES."FairVote. The Sentencing Project Research and advocacy for Reform. 18 Apr. 2014.  "14th Amendment to the U.S. Constitution." The Library of the Congress. 18 Apr. 2014 <http://www.loc.gov/rr/program/bib/ourdocs/14thamendment.html>. 164

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a. Richardson v. Ramirez The plaintiff Ramirez with others filed a law suit against election officials at the State of California because he was denied the right to vote after he completed his sentence including parole. He challenged California disenfranchisement laws that bar felons permanently from voting. There was a claim that these laws violate the ‘’equal protection clause’’. The Supreme Court ruled that felon disenfranchisement laws are constitutionally permissible and based its judgment on section 2 of the 14th amendment which allows the congress to reduce the representation of any state that prevents any adult from voting except if he participated in a rebellion or a crime. b. Hunter v. Underwood In Hunter v. Underwood, the U.S. Supreme Court held that felony disfranchisement laws reflecting “purposeful racial discrimination” are unconstitutional. Plaintiffs filed a suit against Alabama election officials challenging a provision of the Alabama Constitution that disfranchised people convicted of “any crime . . . involving moral turpitude.” The Supreme Court, ruled in favor of the plaintiffs, found that the provision violated the equal protection clause of the 14th Amendment to the U.S. Constitution, because it was intentionally enacted to prevent African Americans from voting and continued to have a racially disproportionate impact. The equal protection clause protects individuals against unequal treatment by the state and is often used to strike down laws that discriminate on account of race. Hunter also clarified an earlier court ruling in Richardson v. Ramirez, in which the U.S. Supreme Court held that section 2 of the 14th Amendment to the U.S. Constitution permitted states to deny the vote to citizens convicted of crimes. In Hunter, the U.S. Supreme Court made clear that section 2 did not protect laws intended to discriminate on account of race.

IV. Implications of Felon Disenfranchisement 

Loss of potential voters: 5.85 million Americans, more than 2 percent of adult population, are denied the right to vote because they have been convicted of a felony. 2.6 million of the disenfranchised persons have completed their sentences, making 45% of the total disenfranchised population. 3 out of every 4 felons is no longer in prison or jail; they completed their sentences or are on probation or parole.



Racial disparity: this practice of barring felons from voting had a striking disproportionate impact on the African American community. 2.2 million African Americans or 7.7% or 1 in every 13 black adults are disenfranchised compared to 1.8% of the non-African population. In 3 states Florida, Kentucky, and Virginia more than 1 in 5 African Americans is barred from voting. It is worth noting that African Americans are over represented in the criminal justice system. They make up to 38% of prison population while, they amount only to 12% of American population. Given current rates of incarceration, it is speculated that three in ten of the next generation of black men can expect to be disenfranchised at some point in their

 About America: The constitution of the United States of America with explanatory notes. Washington, DC: U.S. Department of State, Bureau of International Information Programs, 2004. 7778.  "FELONY DISENFRANCHISEMENT LAWS IN THE UNITED STATES." Op. Cit. 165

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lifetime. In states that disenfranchise ex-offenders, as many as 40% of black men may permanently lose their right to vote



Ability to change the outcome of elections: It is claimed that if these felons were able to vote this would have changed the outcome of elections. The number of excluded voters could be decisive for any candidate. George W. Bush became the forty-third President of the United States when he won the state of Florida by 537 votes in the 2000 election. Because the election was so close, some Democrats speculate that if approximately 600,000 felons in Florida had been allowed to vote, Al Gore would have been elected President.



Hindering rehabilitation: opponents to this policy also claim that denial of the right to vote fosters a sense of exclusion and disconnectedness from larger community. Ex criminals should be reintegrated into society to ensure community safety and reduce risk of recidivism. Civic participation gives the offender a feeling of belonging in the community and a sense of responsibility towards others. 

V. International perspective a. Other Countries A few countries restrict the vote for a short period after conclusion of the prison term: Finland and New Zealand, for example, restrict the vote for several years after completion of sentence, but only in the case of persons convicted of buying or selling votes or of corrupt practices. Some countries condition disenfranchisement of prisoners on the seriousness of the crime or the length of their sentence. Others, e.g., France, permit disenfranchisement only when it is imposed by a court order. Many countries permit persons in prison to vote. Prisoners may vote in countries as diverse as the Czech Republic, Denmark, France, Israel, Japan, Kenya, Netherlands, Norway, Peru, Poland, Romania, Sweden and Zimbabwe. In Germany, the law obliges prison authorities to encourage prisoners to assert their voting rights and to facilitate voting procedures. The only prisoners who may not vote are those convicted of electoral crimes or crimes (e.g., treason) that undermine the “democratic order,” and whose court-imposed sentence expressly includes disenfranchisement.  Uggen, Christopher. "If Felons Could Have Voted, National Election Outcomes Would Have Been Different." University of Minnesota. ASA News. 18 Apr. 2014 <http://www.soc.umn.edu/~uggen/Uggen_Manza_PR_03.pdf>.  Brooks, George. "Felon Disenfranchisement: Law, History, Policy, and Politics."Fordham Urban Law Journal 32 (2004): 2. <http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi? article=2140&context=ulj>.  "States Deny Millions Of Ex-Felons Voting Rights." The Huffington Post. 08 Oct. 2012. TheHuffingtonPost. 18 Apr. 2014 <http://www.huffingtonpost.com/2012/10/08/felon-votingrights_n_1924535.html>.  "Losing the vote, impact of felony disenfranchisement in the United States."Sentencing Project. Oct. 166

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European Court of Human Rights (ECHR) determined in 2005 that a blanket ban on voting from prison violates the European convention on human rights, which guarantees the right to free and fair elections.

b. International Treaties and Conventions  Article 25 of the International covenant on Civil and Political Rights (ICCPR) ‘’Every citizen shall have the right and the opportunity, without unreasonable restrictions: (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors” It is claimed that felon disenfranchisement laws that deny the right to vote forever might be unreasonable. Laws that deprive all persons of the right to vote while in prison, on probation or on parole, regardless of seriousness of their crime might be unreasonable as well.

1998. Sentencing Project and Human Rights Watch. 18 Apr. 2014 <http://www.sentencingproject.org/doc/File/FVR/fd_losingthevote.pdf>. 167

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Committee on Homeland Security and Governmental Affairs

Prepared by: Chairman Osama Younis Vice-Chairlady Youssra Fouda Ranking Member Ahmed El-Sheikh Party Consultant Sarah Essam

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About the committee: The Committee on Homeland Security and Governmental Affairs (HSGAC) is the Senate’s primary oversight committee with broad jurisdiction over government operations generally and the Department of Homeland Security in particular. Its primary responsibilities are to study the efficiency, economy, and effectiveness of all agencies and departments of the federal government; evaluate the effects of laws enacted to reorganize the legislative and executive branches of government; and study the intergovernmental relationships between the U.S. and states and municipalities, and between the U.S. and international organizations of which the U.S. is a member. The year after the passage of the Homeland Security Act of 2002, the Committee's name changed from the Governmental Affairs Committee to the Homeland Security and Governmental Affairs Committee as its jurisdiction expanded to include homeland security issues. In addition to governmental affairs, the Committee oversees and receives legislation, messages, petitions, and memorials on all matters related to the Department of Homeland Security, except for appropriations, the Coast Guard, the Transportation Security Administration, immigration, customs revenue, commercial operations, and trade. Among the Committee’s governmental affairs responsibilities are the Archives of the United States, budgeting and accounting measures generally, government contracting, the Census and collection of statistics, Congressional organization, the federal Civil Service, government information, intergovernmental relations, the municipal affairs of the District of Columbia, the organization and management of U.S. nuclear export policy, the organization and reorganization of the executive branch, the Postal Service, and the status of officers and employees of the U.S., including their classification, compensation, and benefits. Subcommittees: 

Permanent Subcommittee on Investigations (PSI)



Financial and Contracting Oversight (FCO)



The Efficiency and Effectiveness of Federal Programs and the Federal Workforce (FPFW)



Emergency Management, Intergovernmental Relations and the District of Columbia (EMDC)

Chairmanship:

Sen.Thomas Carper The Chairman

Sen.Tom Coburn The Ranking member

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First Topic: Defining Homeland Security I.

Introduction……………………………………………….157

a. What is a definition? b. What is National Security of a country? c. U.S. National Security.

II.

History of Homeland Security……………………………161

a. Before the department. b. Initiation of the department and reconstruction of homeland security affiliated agencies. c. Evolution of homeland security strategic documents. III.

Implications of the absence of a unified definition………68

a. Ineffectiveness and waste of money. b. Congressional oversight logistical impossibility. c. Absence of coordination and information sharing.

IV.

Evolution of National Security Priorities…………………173

Legislative possibilities……………………………………..177

a. Federal agencies reformation. b. Homeland security budget revision. c. Strategic legislation to regulate and unify homeland security.

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First Topic: Defining Homeland Security I. Introduction:

Fig 1.1 Map of the United States showing different dimensions of the concept of Homeland Security Courtesy of the “Official website of the Department of Homeland Security”

a. What is a “definition”? A definition is typically a statement that explains the meaning of a certain term. It states the significance of a certain word, term or symbol. A definition would normally state the necessary and sufficient conditions that qualifies something to fit within a specific set, and excludes many others in the same process. Normally, analysts and academics working on the topic of defining a specific term, would seek to reach a concise set of self-explanatory words or terms that explain the term in a clearly discriminative manner, eradicating confusion and possible exceptions related to the term. Logically speaking, every institution, whether inside the government or outside of it, should, and must have an articulated reason for its existence, a vision, mission and a clear goal, a set of attainable objectives. In order to operationalize that mission, to put it into action, a clear definition of the mission and goals must be achieved and agreed upon between the people working within that institution. For example the mission of the Los Angeles police department is “to safeguard the lives and property of the people we serve, to reduce the incidence and fear of crime” [], the “people they serve” are the inhabitants of the city of Los Angeles, and “crime” is clearly defined by the law of the  "The Mission Statement of the LAPD" The Los Angeles Police Department. Los Angeles Police Foundation. 10 Nov. 2013.

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state of California, in which the city exists. Understandably, the mission and goals of any institution get more complicated and over-generalized the more the institution itself gets bigger. In a typical modern state, governance in itself is exceptionally differentiated, meaning that a functioning government would have to deal with a set of very diversified duties. This process of differentiation is not stationery or limited to a single historical context, but it is eternally continuously progressive, overcomplicating governance as long as the society itself grows and progresses, creating new tools of governance in the process. For example the first government of the United States included only four cabinet members, but as the society -and subsequently the government of the United States- expanded and differentiated, the need to increase and specialize the tools of governance emerged, and the number of cabinet members increased to its current fifteen members []. This differentiation happens due to the emergence of new roles and duties needed to govern a developing and progressing society. In medieval Europe, there existed no electricity or conventional energy resources, so there was typically no need for the department of energy, which currently exists in almost all developed and developing countries. The broader the mission of the government gets, the more the government needs to increase the number of its departments and agencies, and in turn define the mission of each emerging new branch of government. After the 9/11 attacks on the cities of Washington DC and New York, the need to create a new department to address the issue of homeland security emerged within the United States, the creation of this department was seen as an operational imperative to protect the national security of the country, an integral part of the mission statement of the United States’ government. While the mission was seemingly simple and clear, which was protecting the homeland; the issue was how to define the many terms included in that self-ascribed mission, one of which was “Homeland Security”. Ten years after the September 11, 2001, terrorist attacks; the U.S. government does not have a single definition for “homeland security”. The previous fact created a ripple effect of confusion within the department and subsequently affected the efficiency of its performance. It caused different administrations to adopt what was called a “working definition”; which is chosen for an occasional situation and may not fully adhere to established or authoritative definitions.

b. What is “National Security”? There is no single universally accepted definition of national security. This abundant variation in the forms of definitions provided an overview of the many usages of this concept. The concept still remains ambiguous, having originated from simpler definitions, which initially emphasized the freedom from military threat, and political coercion to later increase in sophistication and include other forms of non-military security as suited the circumstances of the time. Several academics have tried to draft an accurate definition for the matter with little consensus among them. Some of the more recent definitions include Walter Lippmann’s, the eminent American political thinker, in 1943, defining National Security in terms of war saying "a nation has security when it does not have to sacrifice its legitimate interests to avoid war, and is able, if challenged, to maintain them by war". A later definition by Harold Lasswell, a political scientist, in 1950, looks at national security from almost the same aspect, that of external coercion "The distinctive meaning of national security means freedom from foreign dictation."[]

 "The Cabinet" The White House. 10 Nov. 2013.

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The term appeared for the first time in political discussions near the end of World War Two, when American intellectuals were considering the steps to be taken by western governments towards the emerging post-war world order from a state-interest derived realist perspective. [] While the term existed in academia well before that date, it only started to appear on the international political platform, with it’s contemporary political connotations, in the middle of the twentieth century. Since it’s political conception, the term embodied an expanding number of elements constituting its conceptual boundaries. The term and it’s elements moved on to dominate much of the political rhetoric in international relations and internal policies governmental justifications. Subsequently, academics have started to study the effects that the notion of National Security might have on both of the internal and external politics of nation states, and perhaps even the notion’s role in constructing the post-war world order. These studies however were built on a diverse and often conflicting theoretical perspectives, thus they produced multiple different understandings of the concept of National Security. What will follow is a brief survey of the different elements constituting the broader concept of National Security, yielded by these diverse sets of academic studies. The first element, and perhaps the most important one, of National Security is military security. This is traditionally the earliest recognized form of national security, and the center-piece of the hegemonic realist conception of National Security. Military security implies the capability of a nation to defend itself, and/or deter military aggression. Alternatively, military security implies the capability of a nation to enforce its policy choices by use of military force. One of the definitions of security given in academic texts could be considered a definition of "military security": “A condition that results from the establishment and maintenance of protective measures that ensures a state of inviolability from hostile acts or influences.”[] Another very important element of National Security is political security. Political security is about the stability of the social order. It specifically addresses threats to sovereignty, in the sense that an entity could be deemed politically secure if it enjoys a stable political system and is widely recognized as a legitimate political and social system, accepted by the wide majority, whether internally or externally, which is why some academics consider abrupt and sudden changes in the political orders of nations, a possible threat to their national security, like in the cases of military coups. The third most important element of national security could arguably be economic security. Historically, conquest of nations has made conquerors rich (through plunder), it gave access to new resources and enlarged trade by controlling a conquered nations' economy. In today's complex system of international trade, characterized by multi-national agreements, mutual inter-dependence and availability of natural resources etc., the freedom to exercise choice of policies to develop a nation's economy in the manner desired, invites economic security. It is understandable that a country  Romm, Joseph J. (1993). Defining national security: the nonmilitary aspects. Pew Project on America's Task in a Changed World (Pew Project Series). Council on Foreign Relations. p. 122. ISBN 978-0-87609-135-7. Retrieved 22 September 2010 (full view).

 More on realism in International Relations: Ashley, Richard K. "Political Realism and the Human Interests," International Studies Quarterly (1981) 25: 204-36.

 "Security." in "Dictionary of Military and Associated Terms", 2001 (As amended through 31 July 2010) op.cited. p 477. Accessed 26 September 2010.

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can never be secure if it can’t adequately provide food and shelter to its citizens. Another very important element of National Security, and perhaps one of the most undermined concepts, is environmental security. Environmental security deals with environmental issues, which could threaten the national security of a nation in any manner. While all environmental events are not considered significant of being categorized as threats, many transnational issues, both global and regional would affect national security. Perhaps one of the most devastating events in world history is the 2004 Indian Ocean Tsunami, an environmental incident, killing an estimated number of 230,000 people in 14 different countries. [] On the American front, hurricane Katrina killed over 1,833 people, half the fatalities of the 9/11 attacks, and causing $108 billion worth of damage, slightly more than the damage caused by the 9/11 attacks. [] To put things into a much larger context, several environmentalists prospect that rise of earth temperatures due to global warming would lead to the disappearance of much of the current coastal regions, like for instance the disputed Palestinian/Israeli territories, a fact that debunks the significance of the current, six decade long, conflict, in front of this more pressing existential threat. Another significant element of the National Security concept is energy and resource security. A resource has been defined as "a support inventory, biotic or abiotic, renewable or expendable, for sustaining life at a heightened level of well-being." [] Resources include water, sources of energy, land and minerals. Availability of adequate natural resources is important for a nation to develop its industry and economic power. Lack of resources is a serious challenge for Japan to overcome, in order to increase its national power. One of the most recently added elements to the concept was Cybersecurity, which began to be viewed as a pressing national security issue. Electronic information systems are vital for maintaining a national security of any state. Possible unauthorized access to the critical governmental infrastructures by state and non-state entities can create a serious threat and have a negative impact on political, economic and military security of a given nation. [] Another aspect of national security is demographic and ethnic security. This aspect deals with the effects of the demographic composition on National Security. In some theories of war causality and political unrest, scientists focused heavily on the contributive role of a “Youth Bulge”, which is a demographic status indicating the existence of a relatively large percentage of youths within a population. []

 Cosgrave, John. "Tsunami Evaluation Coalition: Initial Findings" (2005): (ie: 1-5). 10 Nov. 2013.

 Knabb, Richard D; Rhome, Jamie R; Brown, Daniel P; National Hurricane Center (December 20, 2005) (PDF). Hurricane Katrina: August 23 – 30, 2005 (Tropical Cyclone Report). United States National Oceanic and Atmospheric Administration's National Weather Service. Retrieved December 10, 2012.

 Paleri, Prabhakaran (2008). National Security: Imperatives and Challenges. New Delhi: Tata McGraw-Hill. p. 521. Retrieved 23 September 2010.

 A. Ashraf, R. Soliman, M. Hussein, A. Mubarez. "Cybersecurity" The Thirteenth Model of American Congress: Background Paper (2013) 10 Nov. 2013.

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c. U.S. National Security: The concept of national security became an official guiding principle of foreign policy in the United States when U.S. President Harry S. Truman signed the “National Security Act” of 1947 on July 26, 1947. As amended in 1949, this Act created important components of American national security, such as the precursor to the Department of Defense; subordinated the military branches to the new cabinet level position of Secretary of Defense; established the National Security Council and the Central Intelligence Agency. Notably, the Act did not define national security, which was conceivably advantageous, as its ambiguity made it a powerful phrase to invoke whenever issues threatened by other interests of the state, such as domestic concerns, came up for discussion and decision. The notion that national security encompasses more than just military security was present, though understated, from the beginning. The Act established the National Security Council so as to "advise the President on the integration of domestic, military and foreign policies relating to national security". While not defining the "interests" of national security, the Act does establish, within the National Security Council, the "Committee on Foreign Intelligence", whose duty is to conduct an annual review "identifying the intelligence required to address the national security interests of the United States as specified by the President".[] It has to be noted that the use of the term in the current fluid status of the world order, especially after the initiation of the American led war on terrorism, left observers in a state of confusion about its true meanings. The concept of National Security is one of the most volatile and ambiguous concepts in contemporary politics, largely left to relative interpretations by beneficiaries and interest seekers. New elements are readily added to the concept whenever a political entity sees fit. Defining Homeland security and distinctively recognizing homeland threats are thus a very hard job, rendering some analysts to claim the impossibility of the matter.

 Goldstone, Jack A.: "Revolution and Rebellion in the Early Modern World", Berkeley 1991; Goldstone, Jack A.: "Population and Security: How Demographic Change can Lead to Violent Conflict".

 Romm, Joseph J. (1993). Defining national security: the nonmilitary aspects. Pew Project on America's Task in a Changed World (Pew Project Series). Council on Foreign Relations. p. 122. Retrieved 22 September 2010.

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Fig. 1.2 Showing armed Native Americans. The picture is said to highlight the relativity of the concept of Homeland Security, an extension of the concept of “National Security”, as Native Americans could easily claim they have been fighting the terrorism of American colonizers in the early modern era’s Indian wars. The picture is courtesy of B. Carter

II. History of Homeland Security: a. Before the department: (The Ad-hoc policy): Prior to 9/11, federal, state, and local governments responded to domestic terrorist attacks in an ad hoc manner. That simply means that the government, once a terrorist attack happens, reacts upon the incident itself without evolving new strategies to mitigate similar threats and try to prevent it from happening. As an example for the Ad hoc policy was the response of the U.S governments and different agencies in 2 of these domestic terrorist attacks: the 1993 World Trade Center (WTC) and the Alfred Murrah Federal Building bombings in 1995. World trade center attacks 1993: On February 26, 1993, radicalized Islamic terrorists planted a bomb beneath the WTC killing six and injuring over 1,000. Six men are serving life imprisonment as a result. According to Simon Reeve the BBC World Service's Analysis program, if everything went as the attackers planned, the 1993 bombing would have caused greater devastation. "The conspirators had actually planned to topple one of the Twin Towers into the other, while simultaneously releasing a cloud of cyanide gas," Mr. Reeve added. "What they were planning was really quite an apocalyptic terrorist attack." Only financial restrictions had prevented the perpetrators from achieving their aim. In response to the incident, President Clinton ordered his National Security Council to coordinate the bombings’ response and investigation. The CIA’s Counterterrorist Center and the National Security Agency, along with the FBI, were among the numerous federal agencies that participated in the investigation. This response was not upon a strategy but was an ad-hoc response specifically to this

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event that did not even result in a development of any strategic documents. [] In light of the events of 11 September 2001, a number of analysts are now questioning whether the 1993 attack was a warning that was never comprehended. They argue that many of the individuals involved in the 1993 WTC bombing were connected in some way to Osama Bin Laden and al-Qaeda. They as well mention the narration stated by the FBI that the man responsible for planning the WTC bomb, Ramzi Yousef, when arrested in 1995 and "When he got to Manhattan and the FBI circled over the World Trade Center, they said: 'See, it's still there.'" He replied, ‘well next time I'll have more money, I'll come back and I'll bring those towers down'." [] According to Neil Livingstone, one of the top terrorism experts in the US, the attacks in ‘93 demonstrated that a relatively small group of relatively unsophisticated people could carry out a massive attack with very little money and nearly topple the World Trade Center. Yet, this lesson was never acted upon. There was no long-term strategy set to calculate the risks of threats and consequently no trials to tackle them.

The Alfred Murrah Federal Building bombings 1995:

 Reese, Shawn. “Defining Homeland Security: Analysis and Congressional Considerations”. Congressional Report Service. 8 Jan. 2013.

 “Lessons of first WTC bombing”. BBC News. 26 Feb. 2003.

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fig. 1.4 Showing the Alfred Murrah Building before (left) and after (right) the bombings of 1995. Courtesy of “The Office” institution.

On April 19, 1995, Timothy McVeigh exploded a bomb-laden truck in front of the Alfred P. Murrah Federal Building in Oklahoma City. Following this bombing, President Clinton directed the Department of Justice (DOJ) to assess the vulnerability of federal facilities to terrorist attacks or violence and to develop recommendations for minimum-security standards. These standards, however, were not a wide-ranging strategy for U.S. homeland security strategy. []

b. Initiation of the department: The advent of the 9/11 incidents, with their cataclysmic effects, caused harsh and comprehensive revisions by virtually everyone related to the political scene in the United States, of virtually every political strategy undertaken by the successive U.S. administrations. The attack was the biggest and most destructive on the American homeland, by a foreign entity, since Pearl Harbor, an incident that caused the U.S. government to embark on a four years long world war. Of the many strategies that were later on revised and “amended” by governmental officials in the Bush administration, was the previously described Ad Hoc strategy designed to deal with terrorist and criminal attacks on public or private property within the U.S. territory. Many policy makers in the light of the eye opening experience of 9/11 saw this “Crisis-Management” sort of strategy as ineffective and deficient. Managing the “crisis” that was the 9/11 attacks was not seen any longer as enough, by either the American public or the administration’s policy makers; there existed a politically dire need to mechanize a strategy that could effectively prevent similarly catastrophic attacks from ever happening again. This caused a conceptual change in the National Security protection philosophy of American strategists. This led to the conceptualization of the American umbrella term “Homeland Security” which is in itself an extension of “National Security”, aimed more specifically at the securing and protection of the homeland aspect of National Security from threats. This was the primary goal of the term and its generalized operational definition. The main idea behind this conceptualization was to put in place a more comprehensive strategy that would ensure the preparedness of the government to any possible future attacks, in addition to the anticipation and  Reese, Shawn. “Defining Homeland Security: Analysis and Congressional Considerations”. Congressional Report Service. 8 Jan. 2013.

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prevention of possible future attacks if, and when arises such a threat. The first and most crucial step seen by the Bush administration to actualize these conceptual changes was to unify Homeland Security maintenance efforts under one administrative department, primarily aiming at a large scale coordination and inter-dependence between different security related agencies. The Department of Homeland Security (DHS) was created by the Homeland Security Act of January 2003. The Department of Homeland Security is supposed to work in the civilian sphere to protect the United States within, at, and outside its borders. Its stated goal is to prepare for, prevent, and respond to domestic emergencies, particularly terrorism. The following 22 agencies were the inaugural constituents of the department, transferred from the jurisdiction of many other administrative divisions: Original Agency

Original Department

Current Agency or Office

U.S. Customs Service

Treasury

U.S. Customs Protection

Justice

U.S. Customs and Border Protection U.S. Immigration and Customs Enforcement

Immigration Naturalization Service

and

Border

Federal Protective Service

General Services National Protection and Programs Administration Directorate

Transportation Administration

Transportation

Security

Transportation Administration

Security

Federal Law Enforcement Treasury Training Center

Federal Law Training Center

Animal and Plant Health Inspection Service Agriculture (part)

U.S. Customs Protection

Office for Preparedness

Responsibilities distributed within FEMA

Domestic

Justice

Federal Emergency None Management Agency Strategic National Stockpile Health and National Disaster Medical Services System

Enforcement and

Border

Federal Emergency Management Agency Human

Returned to HHS, July 2004

Nuclear Incident Response Energy Team

Responsibilities distributed within FEMA

Domestic Support Teams

Responsibilities distributed within FEMA

Emergency

Justice

National Domestic FBI Preparedness Office

Responsibilities distributed within FEMA

CBRN Countermeasures Energy Programs

Science & Technology Directorate

Environmental Measurements Laboratory

Science & Technology Directorate

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Original Agency

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Original Department

Current Agency or Office

National Biological Warfare Defense Defense Analysis Center

Science & Technology Directorate

Plum Island Animal Disease Agriculture Center

Science & Technology Directorate

US-CERT, Office Federal Computer Incident General Services Cybersecurity Response Center Administration Communications

of and

National System

and

Communications

Office of Cybersecurity Communications

Defense

National Infrastructure FBI Protection Center

Office of Operations Coordination Office of Infrastructure Protection

Energy Security Assurance Program

Office of Infrastructure Protection

and Energy

U.S. Coast Guard

Transportation

U.S. Secret Service

Treasury

U.S. Coast Guard U.S.

Secret

Service[]

c.Evolution of Homeland Security strategic documents: Before the establishment of the department of Homeland Security the homeland security activities were distributed among more than 40 federal agencies. In February 2001, The U.S Commission on National Security (21st century Hart-Rudman Commission) issued a report that recommends and suggests that institutional and procedural changes should take place through the executive and the legislative branches in order to be able to meet the future security challenges. Of these recommendations was the creation of a new national homeland security agency that would contribute in refining the missions of the different departments and agencies that have a role in the U.S homeland security. After 11 days of the September 11 attacks President George W. Bush announced the creation of the Office of Homeland Security in the White House, the office would oversee and coordinate a national strategy to safeguard the country against terrorist attacks and to respond to any in the future. Later on, after about one month of the 9/11 attacks, a bill was proposed to establish the Department of Homeland Security following the recommendations of the Hart-Rudman Commission. The bill intended to unite the federal emergency management agency along with the customs service, the borders’ Patrol, and any other agency responsible for the infra-structure protection in a cabinet-level department, although hearing on this bill was held but no actions were taken concerning it. []

 Department of Homeland security official website.

 History office, A brief documentary History of the department of homeland security: 2001-2008, p. 3&4 at https://sarma.org/news/reports/dhsbriefdocumentar/

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Then in June 2002, in an address to the nation, President Bush proposed the creation of a permanent Department of Homeland Security to unite the essential agencies responsible for securing the homeland. The outline of the missions assigned inside the department were: *Border and transportation security: Responsible for control of the borders and also prevents terrorists and explosives from entering in to the country. *Emergency preparedness and response: Collaborates with the state and local authorities to respond quickly and effectively to emergencies. * Chemical, biological, and nuclear counter-measures: assigns the country’s best scientists to develop technologies that help in detecting biological, chemical and nuclear weapons to best protect the citizens. *Information analysis and infrastructure protection: reviews intelligence and law enforcement information from all agencies inside of the government. In July 2002, the White House released the first National Strategy for Homeland Security. Developed by the Office of Homeland Security, the National Strategy identified three objectives: * Prevent terrorist attacks within the U.S. * Reduce America’s vulnerability to terrorism. * Minimize the damage and recover from attacks that do occur. In the aftermath of the Katrina hurricane in 2005 and its severe damages, the response of the FEMA (Federal Emergency Management Agency) and its parent the Department of Homeland Security was exposed to a lot of criticism; accordingly, the federal, state, and local government responses to disasters like hurricane Katrina has led to an expansion for the homeland security concept to include significant disasters, major public health emergencies, and any other incidents that threaten the U.S and its laws or the government operations.[] On the other hand, there isn’t a clear distinction between the Department of Defense and the Department of Homeland Security, although the department of Defense’s role is to” protect the U.S sovereignty, territory, domestic population, critical defense infra structures against external threats and aggression…..”, the homeland is a combination between law enforcement, disaster, immigration, and terrorism issues, so mainly it’s considered to be the responsibility of civil agencies at all levels, accordingly a new homeland security concept was introduced in several strategic documents that provide guidance to all involved federal entities; among them are: the 2010 National Security Strategy and the 2011 National Strategy for counter-terrorism, The 2010 Quadrennial Homeland Security Review, the Bottom-up review, and the 2012 department of homeland security strategic plan, along with the 2002 and the 2007 national strategies for homeland security and the 2008 department of homeland security strategic plan. []

 Ibid, p.5,6,7

 Shawn Reese, Defining homeland security: Analysis and congressional considerations, January 8,2013, p.8 at http://www.fas.org/sgp/crs/homesec/R42462.pdf

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Document 2007 National Strategy for Homeland Security (White House)

2008 U.S. Department of Homeland Security Strategic Plan, Fiscal Years 2008-2013 (DHS) 2010 National Security Strategy (White House) 2010 Quadrennial Homeland Security Review (DHS)

2010 Bottom-Up Review (DHS)

2011 National Strategy Counterterrorism (White House) 2012 Strategic Plan (DHS)

For

Definition A concerted national effort to prevent terrorist attacks within the united states, and Reduce America’s vulnerability to terrorism and minimize the damage and recover from attacks that do occur. A unified national effort to prevent and deter terrorist attacks, protect and respond to hazards, and to secure the national borders. A seamless coordination among federal, state, and local governments to prevent, protect against and respond to threats and natural disasters. A concerted national effort to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards where American interests, aspirations, and ways of life can thrive. Preventing terrorism, responding to and recovering from natural disasters, customs enforcement and collection of customs revenue, administration of legal immigration services, safety and stewardship of the Nation’s waterways and marine transportation system, as well as other legacy missions of the various components of DHS. Defensive efforts to counter terrorist threats. Efforts to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards.

According to the previous table, the various security definitions indicate that there’s no distinct homeland security concept. Without a distinct security definition policymakers and homeland security agents won’t be able to coordinate or focus on the highest prioritized or most important activities, owing to the fact that coordination is very crucial to homeland security since it depends on the interaction between federal agencies. If state and local partners don’t operate with the same definition or the same understanding of the concept of homeland security, coordination between them is then quite difficult to maintain. Moreover, the absence of a consensus definition might lead the 182

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congress to fund one of the homeland land security activities that the department of homeland security doesn’t consider a priority. [] After all, the homeland security is all about managing risks and the main concern of the strategic process or documents it to ensure these ends. Although it’s necessary to have a strategic document aligning all these varied definitions and priorities of security, the aligning process of the various definitions is not easy since that the security of homeland in general depends on the type of threats that arise along the years. For instance, as the homeland security continues to interact with its environment it is expected to have variations in the aspects of security definitions, which is a reason why the definition of homeland security gets broadened among the years. It is also another reason why is it a necessity to unify a general definition of security no matter how difficult the process is.

III.Implications of the absence of a unified definition: a. Ineffectiveness and waste of money: In the aftermath of the 9/11 attacks and the creation of the department of homeland security the following year, its mission was to protect the U.S from any future terrorist attacks. Since the opening budget of $42.4 billion was dedicated to the funding of the department in the fiscal year 2003, there has been an increase in the department’s budget since then. [] During the transition from the Bush administration to the Obama administration the rate of growth in the department’s budget was almost constant. That was until February 1, 2010 when the Obama administration released the budget of the fiscal year 2011. The amount of the budget funds dedicated to the department of homeland security was $56.3 billion, which represented a 2 percent increase from the fiscal year 2010. [] This is mainly because cyber security was a top priority for the Obama administration at that time. In the fiscal year of 2012 however, the administration requested for a $57.0 billion as a total funding for the department of homeland security. [] In the year 2013, the president requested for a $68.9 billion for the funding of the homeland security activities, from which about half were dedicated for funding the department of homeland security, this request represents about 1.3 percent more than the amount requested in the year 2012. []  Ibid, p.10

 Mackenzie M. Eaglen, The DHS Budget for FY 2008: Time for a Comprehensive Approach to Homeland Security," Heritage Foundation Backgrounder No. 2013, March 8, 2007, athttp://www.heritage.org/ Research/HomelandSecurity/bg2013.cfm.

 U.S. Department of Homeland Security, Budget-in-Brief: Fiscal Year 2011, February 1, 2010, p. 5, athttp://www.dhs.gov/xlibrary/assets/budget _bib_fy2011.pdf (February 9, 2010).

 U.S. Department of Homeland Security, Fiscal Year 2012 Budget Request, p.5, at http://www.dhs.gov/xlibrary/assets/budget-bib-fy2012-overview.pdf

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The strength of the Department of Homeland Security relies on the representation of the department’s perception of the challenges that face it to the public and policy makers alike. On the other hand this representation of such challenges puts the spotlight on whether the president’s budget is being allocated in the right areas or not. What’s paradoxical is, despite the fact that the funding of the department of homeland security activities increases from a fiscal year to another, this however, didn’t make the U.S safer than before the creation of the department in the aftermath of the 9/11 attacks. The previous fact greatly weakens the political position of the department with policy makers and the public. This mismanagement might go back to the wrong allocation of money funding the homeland security into low priority projects and low-risk areas, raw examples on such misallocation of money are: ● Zombie Apocalypse training: where a tactical training firm was hired to put on a “zombie-driven show” that’s designed to simulate a real-life terrorism event at Paradise Point resort and spa in San Diego, the show was performed twice in Halloween featuring 40 actors dressed as zombies getting gunned by a military tactical unit. [] ● Surveillance at a spring training stadium in Arizona: $90,000 were used by Arizona officials to install bollards and a video surveillance system to monitor the main stadium, clubhouses, and training fields at the Peoria sports complex, where the Seattle Mariners and San Diego Padres play spring-training. [] ● Columbus, Ohio’s under water robot: An underwater Robot was recently purchased in Ohio using $98,000 UASI grants (Urban Areas security Initiative), the robot is mounted with a video providing a full-color display to a vehicle on shore, the Columbus security council declared the Purchase as an” emergency” not because of security needs, but because of “federal grant deadlines” meaning that if the money was not to be spent quickly it would have returned to the treasury. [] ● Tank-like “Bearcats” to protect cities and towns everywhere: UASI or Department of Homeland Security grants were used by many local governments to purchase Bearcat armored vehicles, the small city of Keene; New Hampshire purchased the armored vehicle in order to protect the Annual pumpkin festival. (Figure 1.5) []  Congressional budget office, the proposed homeland security budget of 2013, September 27, 2012, at http://www.cbo.gov/publication/43520

 Senator Tom Coburn, safety at any price: Assessing the impact of homeland security spending in the U.S cities, December 2012, p. 24 & 25 at http://www.coburn.senate.gov/public//index.cfm?a=Files.Serve&File_id=b86fdaeb-86ff4d19-a112-415ec85aa9b6

 Ibid, p.26 &27

 Ibid, p.27 &28

 Ibid, p.42

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Figure 1.5: The Bearcat armored vehicle used in the annual Pumpkin festival protection in Keene, NH

Accordingly, the department of homeland security needs to define its capabilities then assess whether these capabilities are achieved as effective and efficient as possible, nevertheless, more than 10 years since the department was established after the 9/11 incident, the federal budget of the United States doesn’t allow anyone to assume whether the taxpayer dollar spent under the claim of preparedness is actually a dollar that’s well spent, the list of needs will always exceed the money available which in turn makes prioritization for the biggest risks and steering the funding to cities and urban areas very crucial. So, in order to build the necessary capabilities to prevent terror attacks and to alleviate the natural disasters the Administration and the congress should consider the following: ● Develop a more integrated border plan: the department of homeland security should define solutions of how to respond to threats faced at the borders; the Administration also has to ensure that the U.S coast guard has adequate vessels and personnel to fulfill its missions. ● Reform congressional oversight of DHS: since that the department of homeland security is subject to oversight by 108 different committees and subcommittees, this in turn affects the ability of the congress to provide guidance on how the homeland department should operate, along with the wasting of precious departmental resources, accordingly congress should elapse the oversight committees into a considerable number to ensure the effectiveness and strong oversight. ● Rethink aviation security: the airport screening lines have been the focus center by the TSA (Transportation security Agency) despite the fact that the failed terrorists plots made against the U.S since the 9/11 none of them was halted in the screening line. Instead, the department of homeland security must ensure that the proper focus is placed on stopping terrorists early through proper information sharing, intelligence, and risk-based screening areas. []

 Jessica Zuckerman, The 2013 Homeland Security Budget: Misplaced Priorities, March 23, 2012, at http://www.heritage.org/research/reports/2012/03/the-2013-homeland-security-budget-misplaced-priorities

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b. Congressional oversight logistical impossibility: Due to the absence of a clear definition, added to the relative young age of the committee and the Department of Homeland Security, congressional oversight by Congress on DHS and related agencies has been a real issue. The ambiguous roles of the homeland security related agencies, whether within the department or outside of it, created a real problem when it came to designating legislative jurisdictions, and conducting congressional oversights. Rather than distributing the oversight jurisdiction among different committees in the congress, or even focusing oversight responsibilities in few specialized committees, congress is currently overseeing Homeland Security issues by 108 different committees and sub-committees [ ] Immediately following the attacks, Congress assembled 22 separate agencies—spanning from the Department of Defense (DOD) to the Department of Agriculture—to create the cabinet-level Department of Homeland Security (DHS) to lead these efforts. Yet, rather than consolidate congressional oversight simultaneously, Congress chose to leave oversight of the various DHS components with their original committees. Though the 9/11 Commission and countless other parties have called for a reorganization of oversight of DHS over the past decade, prestige and power have kept Congress from answering those calls. Issuing their final report in July 2004, the National Commission on Terrorist Attacks Upon the United States, better known as the 9/11 Commission, made 41 important recommendations on steps that should be taken to enhance U.S. homeland security efforts. While most of these recommendations have since been implemented, Congress has so far ignored the Commission’s warning on congressional oversight: “Congressional oversight for intelligence—and counterterrorism —is now dysfunctional… Congress should create a single principal point of oversight and review for homeland security.” That was over eight years ago. Since then, Congress has maintained its byzantine oversight system of DHS. As a result, DHS reports to 108 committees and subcommittees —up from 86 in 2003. Comparatively, DOD reports to only 36 committees and subcommittees despite its budget equaling 10 times that of DHS. Many of these 108 committees, like Small Businesses, Financial Services, and Aging, are not readily sensible as homeland security overseers. Yet, not only does this system belie common sense, it actually harms DHS’s efforts to better protect the nation. For example, the archaic oversight system sends conflicting messages from Congress to DHS. Homeland security legislation must often survive multiple different committees, each one perhaps responding differently. Not only does this many messages leave DHS without a strong grasp of the will of Congress, but the cacophony may be easily drowned out or entirely ignored. Similarly, DHS must also divert crucial resources to answer the varied committees’ requests. Between 2009 and 2010, for example, DHS conducted over 3,900 briefings and testified before Congress more than 285 times. The cost of such oversight to the Department is estimated in the tens of millions of dollars, with thousands of lost work hours that DHS could have spent executing its mission. Certainly, vigorous oversight over DHS is proper and necessary, but duplicative, onerous, and superfluous layers of oversight only harm U.S. security. Over the past decade, numerous organizations and individuals have cited the folly of Congress’s sprawling web of oversight over DHS and implored Congress to act. Though consolidation of oversight has bipartisan and widespread support in the policy realm, many in Congress still resist these efforts, placing power, prestige, and politics above security. In a recent hearing in front of the senate committee on Homeland Security and Governmental Affairs, commemorating the eleventh memory of the 9/11 attacks, Tom Ridge, the first Secretary of the DHS criticized extensively the current structure of the congressional oversight system. Ridge saw the current fractured congressional oversight of the Homeland Security Department has real world consequences beyond consuming large amounts of DHS officials' time. Ridge saw the plethora of congressional committees claiming a piece of DHS oversight means the department can't respond to 186

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new, pressing concerns. "In a fragmented structure, no one committee is tasked with--and as a result accountable for--seeing the big picture," Ridge says. More than 100 congressional committees and subcommittees have jurisdiction over DHS, whose officials have already publicly complained that responding to all of them detracts from the actual execution of their jobs.

d. Absence of coordination and information sharing: The Homeland security strategies involve numerous stakeholders manifested in the different levels of government (federal, state, local, and tribal government) not to mention the private sector. In each of these levels of government lie several institutions and agencies that are directly concerned with these strategies. Adding the fact that the department of homeland security (DHS), which is a part of the federal government, is initially a conglomeration of a huge set of federal agencies that had been combined together to form the newly established department. Some analysts believe this proliferation of responsibilities among those different parties comes from the fact that the definition of homeland security has been continuously evolving. This evolution might be perceived as expectable due to the changeable nature of dangers and threats facing the security of a country. [] Yet, the problem lies in the lack of an obvious distinction between the roles of each party. Even though all the strategic documents clearly stated the significance of a proper coordination between the different entities to reap fruitful results, no certain individual federal, state, local, and tribal government efforts were mentioned. Generally speaking, in any activity that involves numerous parties of concern, coordination is vital to successfully execute this activity. Homeland security plans and strategies need this kind of coordination between stakeholders mentioned before. Yet, the varying definitions of “homeland security” in the different strategic documents and the lack of consensus on a unified definition would lead to a failure in coordination and interaction between them. The lack of the same understanding of homeland security concept would cause the gap between different parties to widen. As an example, definitions that do not include immigration and border protection as a priority may result in homeland security stakeholders not suitably resourcing and focusing on these activities. Another reason for the weakness of coordination is the overlap of roles and responsibilities between stakeholders. The “U.S. Government Accountability Office” identified 91 instances of overlap in some analytical activities—such as producing intelligence reports—and 32 instances of overlap in investigative support activities, such as identifying links between criminal organizations. [] These entities operate in the exact same area of concern, which makes any coordination efforts between them essentially pointless. It as well acts as a burden on the parties being supplied with information through these outlets since they will be offering a huge deal of redundant information. The absence of an adequate coordination between either different level of governments or different agencies within the same level of government in the matters of homeland security have drastic  Reese, Shawn. “Defining Homeland Security: Analysis and Congressional Considerations”. Congressional Report Service. 8 Jan. 2013.

 “Agencies Could Better Coordinate to Reduce Overlap in Field-Based Activities”. Government’s Accountability Office. 16 April 2013.

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implications on the ability of these parties to efficiently operate mitigating against and preparing for any foreseeable threat. It may give an opportunity for any terrorist group to take advantage of such defects to attack these gaps in defenses. It may lead to an inappropriate response to a natural disaster due to the lack of the proper connection and division of roles among different agencies. [] Some Analysts believe that, as a prime example for the problems that arose in coordination was the operations executed in response to hurricane Katrina. In the before mentioned environmental catastrophe that was hurricane Katrina, it is believed that the response of the U.S. government was an obvious failure. It has been acknowledged that one of the reasons of this failure was the absence of an effective interaction between all entities of concern to decrease the severity of the losses. According to a report by the “International risk governance council” [], the crisis was catastrophic. It needed operations on a very large scale with a huge number of responders. With the increase of the number of responders came the increase of the capacities available. The Katrina network was enormous to the extent that there was a hardship to fully understand and formulate all the actors of the network or the skills they offer. One study counted over 500 different organizations involved in the weeks after the disaster took place. There were basic problems in coordination both within and across these networks, and disagreements between actors about what is supposed to be done and who’s responsible for doing it. One example for such lack of synchronization was the dispute occurring on who was responsible to collect dead bodies. FEMA pushed for the state government to take charge, but state and local officials were overwhelmed, and Louisiana Governor Blanco blamed FEMA for the delays in body recovery. As a normal practice of coordination and cooperation between different parties of concern is Information sharing. And a normal consequent result for the absence of the latter is the absence of the first. Information sharing between different levels of government has been facing more than an obstacle that has been hindering the process and decreasing its efficiency. It is believed that one of these obstacles is the reluctance of some federal agencies to share some intelligence information with state and local governments due to lack of trust. [] These trust issues as well exist between the governmental entities and the private sector, which relatively obstruct the flow of information, thus negatively, affecting the implementation of the homeland security strategies.

IV.Evolution of National Security Priorities: According to changes in the previously mentioned elements of National Security interests of a country vary, the U.S, national security interests varied drastically with the evolution of the country itself from a newly born fragile country to a huge super power hegemon who has the great influence we see today. These radical changes manifest themselves clearly in the evolution of the country’s

 Eland, Ivan. “TESTIMONY: Department of Homeland Security”. 25 Jun. 2002

 Moynihan, Donald P. “The Response to Hurricane Katrina”. International Risk Governance Council. 16 April 2012.

 Wagner, Breanne. “Reluctance to Share Information Hampers Counterterrorism Efforts”. National Defense Magazine. 1 Sep. 2007.

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national security doctrines []. There are eight doctrines that determined the set of principles and policies by which the U.S adopted to face the varying challenges along the years. George Washington’s Farewell Address to the nation in 1796 showing Washington

Figure 1.3

George

is considered the first national security doctrine the U.S ever had. It was largely the work of Washington and his former military aide and Secretary of the Treasury, Alexander Hamilton and it was Washington’s final contribution to the new vulnerable nation after he led the war of independence. The Farewell Address was one of three complementary national security doctrines that guided U.S. foreign policy for nearly a century; the other two were the Monroe Doctrine and Manifest Destiny. Washington issued his Farewell Address at a time when the United States occupied a sliver of territory on the east central coast of the North American continent and the young republic shared the continent with Great Britain, Spain and the Indian tribes. Washington and Hamilton both recognized that U.S. independence and its immediate future security depended mainly upon the continuing rivalry among the great powers of Europe. The Anglo-French struggles that gave birth to the United States continued after the War of Independence. Despite pro-French sentiment in the United States and the 1778 alliance with France, Washington preferred to abide by a state of neutrality when it came to such conflict. He believed that at this period of time America’s main goal should be "to gain time [for] our country to settle and mature its yet recent institutions, and to progress without interruption to that degree of strength and consistency, which is necessary to give it…the command of its own fortunes. He realized that the young nation was too weak to involve itself in Europe’s quarrels, and that the U.S. was more secure when the European great powers were distracted by continental concerns." However, He still believed the European powers had to leave the continent. When the United States achieved its independence, Britain and Spain still held sizable territories on the continent. An immediate goal of U.S. national security, therefore, was to prevent the extension of European territory on the continent, and, ultimately, to remove the Europeans from North America altogether and limit their existence in the entire Western Hemisphere. This was the first step towards the other U.S. national security doctrines: the "Monroe Doctrine" and "Manifest Destiny." President James Monroe announced the doctrine that carried his name in 1823, at a time when Russia sought to strengthen its hold on the Pacific coast of North America and it seemed likely that reactionary European powers might help Spain regain its New World colonies, which had established their independence during the Napoleonic Wars. President Monroe declared that the United States would "consider any attempt" by European powers "to extend their [political] system to any portion of [the Western] hemisphere as dangerous to our peace and safety." The United States in the 1820s did not have the military capacity to enforce the Monroe Doctrine and keep it in action. Fortunately for Monroe and his immediate successors, the British Navy, for British interests, provided de facto enforcement of the Monroe Doctrine. This doctrine marked a huge change in the U.S’s policies and mindset. It marked the start of a new phase by which the U.S is taking the initiative and proving itself as a new emerging power.  A national security doctrine is a set of organizing principles that helps statesmen identify and prioritize their country’s geopolitical interests.

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The third doctrine “The Manifest Destiny” empowered and reinforced the purposes of the first two. The term "Manifest Destiny" was chosen by John L. O’Sullivan [] in 1839 to explain and to justify the expansion of the United States in the western side of the continent. The concept of expansion was never new to the U.S’s dreams but this doctrine came to stress on the fact that this was the time to start. Since this date the United States started the process of expansion in different parts of the North American continent. Their tools were diplomacy, purchasing lands from occupying powers and definitely wars. By 1900, the United States had largely fulfilled the geopolitical vision of controlling the middle of the North American continent "from sea to shining sea.”. The doctrine’s purposes were being met yet a new threat to national security of the victorious country emerged. It was the American civil war which was a real test to the success of the third doctrine as well. The division in America has allowed the European powers to react and try to interfere yet, using diplomatic approaches the Lincoln administration managed to neutralize these powers and to end the conflict with the least losses possible. In the wake of the nineteenth century, a new doctrine has been introduced under the name of “Open Doors”. The doctrine aimed for a political and economic expansion in regions outside the continental borders. Accordingly, the U.S under the administration of President Theodore Roosevelt pursued political and economic engagements in Asia and upgraded the naval power for this purpose. The administration at this time as well hosted peace talks between Russia and Japan. They also announced they will intervene in other nations in the Western Hemisphere to oppose any violations committed by governments against their own citizens. All signs for a new era where the U.S is seeking to conquer the hegemony of the great powers at that time. It was perceived that the defensive non-interfering policy they used to adopt was not guaranteeing their national security.

The world wars phase: The United States was successfully implementing the principles of the “open doors” doctrine extending their influence in different parts of the world before a whole new catastrophic event came into action. In 1914 the First World War erupted leaving the U.S in need of reconsidering it’s strategies and determining how to keep their lands safe and sound. The U.S joined the war in 1917 three years after the war began. This step marked the beginning of a new national security doctrine, which lasted till the end of the Second World War. The United States administration decided to intervene after they recognized that their national security will be in real danger if a hostile power won that war. The United States during this time period did not continuously participate in the global balance of power. Instead, it intervened only as a last resort; only when it became unmistakably clear that its weight was needed to uphold or restore the balance of power in Europe or Asia. With the same policy, the United States did not interfere in the Second World War that came into action in 1939 until Germany had conquered almost all of Europe, and Japan had occupied key parts  An American columnist and editor who used the term "Manifest Destiny" in 1845 to promote the annexation of Texas and the Oregon Country to the United States. O'Sullivan was an influential political writer and advocate for theDemocratic Party at that time and served as US Minister to Portugal.

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of China and attacked U.S. possessions in the Pacific. Only after being attacked by the Japanese and a subsequent German declaration of war, did the U.S. intervene in Europe, Asia and Africa on a massive scale, defeating the Axis powers and attempting to restore the balance of power in Europe and East Asia. They did not interfere until they felt their own security was on stake and that they had to. The conduct of the United States during the two World Wars was simply to interfere to defend their national security when there was no room for anything but to interfere. This was a practical implementation for the doctrine issued at the beginning of the two wars. [] The Cold-war era: After the end of the Second World War, The United States was believed to be one of the major winners or in other words from the countries who had the least losses during the war. They still had troops in Europe and Asia and it became hard to believe the U.S would return back to its insular position leaving behind the opportunity to control the course of actions happening in Europe and Asia. With the rise of the U.S came along the rise of its old ally and new adversary the Soviet Union. The Soviet Union with a strict communist ideology and a relative victory in the Second World War formed a real challenge to the U.S’s national security. A new national security policy became inevitable. The Truman administration, reacting to Soviet refusal to withdraw their troops from several regions like Iran and threats to countries like Turkey and Greece adopted the policy of Containment, which remained the principal U.S. national security doctrine until the 1980s. Fig.1.4 showing a caricature depicting the national security implications of the cold war

The rationale for the containment doctrine was drafted in NSC-68, perhaps the most important national security document in the early Cold War years. A committee of State Department and Pentagon staffers drafted NSC-68. The document defined the policy of Containment as, "one which seeks by all means short of war to (1) block further expansion of Soviet Power, (2) expose the falsities of Soviet pretensions, (3) induce a retraction of the Kremlin’s control and influence and (4) in general, so foster the seeds of destruction within the Soviet system that the Kremlin is brought to the point of modifying its behavior to conform to generally accepted international standards. As an example on the threats imposed by the Soviet Union on the U.S’s national security was the Cuban missile crisis in 1962. This incident shows how lethal and how intrusive did the threats of the Russians reached. Cuba in the sixties was an island, which had a communist leaning regime, led by Fidel Castro and consequently was a dear ally to the Soviet Union. In 1962, The U.S. discovered that the Soviet Union, despite repeated and solemn denials, was installing nuclear missiles in Cuba. An American U-2 spy plane came back with photographs of the bases and their support facilities []. The simple fact that Cuba is around 100 miles away from the shores of Florida made the U.S administration under the leadership of Kennedy extremely frustrated. It has been a direct threat to their own homeland security that they could not by any mean bear. Abiding by their policy of  Sempa, Francis P. “US National Security Doctrines: Historically viewed”. American Diplomacy. 16 April 2004.

 “Essay: The Lessons of the Cuban Missile Crisis”. Times Magazine. 27 Sept. 1982.

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containment, they managed to end this danger by secretly proposing to remove U.S. missiles in Turkey in exchange for the de-arming of Cuba and the Soviet Union accepted []. The struggle between the two antagonists continued till the 1980’s and the doctrine was the source of policies the U.S adopted facing the constant threats the Soviet Union used to form on their national security. Yet this policy did just depend on a passive approach that only depended on encountering and reacting to Soviet threats but not aggressively trying to conquer or undermine it. It has become increasingly evident, however, that the U.S. national security doctrine changed in the 1980s from passive Containment to a more aggressive policy of Liberation. In January 1983, President Reagan signed National Security Decision Directive 75 (NSDD-75) which stated that U.S. policy toward the Soviet Union was "[t]o contain and over time reverse Soviet expansionism…, [t]o promote…the process of change in the Soviet Union toward a more pluralistic political and economic system in which the power of the privileged ruling elite is gradually reduced." NSDD-75 further stated that the U.S. "should exploit" a number of "vulnerabilities within the Soviet empire…," and attempt to "loosen Moscow’s hold" on Eastern Europe. This new policy had one and only target which is toppling the Soviet Union through every mean possible. This policy apparently succeeded in the mellowing of the Soviet Union and consequently its fall in the early nineties.

Preemption doctrine: After the fall of the Soviet Union, The U.S was in a constant state of searching for a new national security doctrine. Due to the fact that there were no obvious competitors at that time and that the threats were not clear, there was no national security doctrine that used to dominate policy-making as it has always been. The main focus of the U.S went to the economic prosperity of the country, counter-proliferation efforts and humanitarian intervention. This continued until the 9/11 incident, which changed everything. A terrorist attack which hit the United States in its own homeland killing over 3000 civilians was a driving force for the U.S to contemplate a whole new strategy to defend itself against such attacks. A new doctrine under the name “preemption doctrine” was issued in 2002 declaring a struggle against global terrorists and the states that support or harbor them. The document issued as well mentioned those "rogue" states as the U.S administration called them that have or are attempting to acquire weapons of mass destruction. The United States, according to the new doctrine, was to "prevent our enemies from threatening us, our allies, and our friends, with weapons of mass destruction." The new doctrine of Preemption also makes it clear that, though the United States prefers to act with its allies, it will act alone, if necessary, to prevent more September 11th type of attacks. "[W]e will not hesitate to act alone…," stated the new document, "to exercise our right of self-defense by acting preemptively against such terrorists, to prevent them from doing harm against our people and our country.

The current situation: After around 11 years from the issuance of the last doctrine, challenges of homeland security appear every day and this raised the question of whether a new doctrine is needed. The threat of terrorism is still available but it seems to be less concerning than it has been 10 years ago. The exponential growth of the Chinese and Russian influence and their support to “rogue” states with nuclear ambitions forms a real threat to the U.S national security. Cyber –attacks is one of the new emerging  Suddath, Claire. “U.S.-Cuba Relations”. Times Magazine. 15 April 2009.

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threats that are now formed by either those “rogue” states or even individuals in any part of the world. These cyber-attacks are increasing in their lethality and are becoming a real danger to the U.S’s national security. In this new era where a lot of new different challenges appeared on surface the question is always which would be this era’s priority?

V. Legislative possibilities: a. Federal Agencies Reformation: It has long been discussed among American politicians the accumulated inherent inefficiencies in the bureaucratic process of the U.S. government. President Obama himself acknowledged this, and pledged to reform the government as a first priority after his election, during his 2008 campaign. [] However, little was discussed about the matter after the president’s election. The issue of incoordination between different agencies with occasionally overlapping jurisdictions has led many analysts to suggest a possible governmental reform, to address the newly emerging governance challenges. Despite the initiation of the DHS, in itself a governmental reform, and numerous other intergovernmental organizational legislations, there remain integral discrepancies between the operational guidelines of different agencies doing more or less the same job, and often lay under the banner of the same department. The U.S. congress, as the legislative body of the American government, holds the constitutional exclusive right to implement governmental reforms in the form of merging two executive institutions, forming a new one, or abolishing a standing one all together. According to Philip Howard, the analyst in the Atlantic:  Congress has created rules that require herculean effort to make easy choices -- say, confirmation of officials -- and render meaningful change impossible. The filibuster rule assures stalemate in the Senate. Committee rules make it almost impossible to bring a new proposal to the floor of the House. Bright new people get elected and find themselves suffocated and powerless. 

The Executive Branch operates in a dense jungle of accumulated law. The president can't approve a new power line or wind farm without a decade or so of environmental review. The president can't even appoint a committee to clean out the legal jungle without complying with the Federal Advisory Committee Act, which is so laden with conditions on membership and public process that a meaningful recommendation is almost impossible. The Simpson-Bowles proposal, for example, didn't have a chance of approval by the appointed committee, so Simpson and Bowles just took it upon themselves to present their own proposal.



Special interests are not principals but agents, motivated not to solve problems but to "work them." Actually solving a problem would eliminate their jobs. An entire industry is built around the conflict between "pro-life" and "pro-choice" factions. The more polarization, the better off both sides are. The political parties each fill their campaign coffers by milking this conflict for all it's worth. Even if some pure-minded lobbyist wanted to solve a problem, the dynamics of special-interest groups would keep driving positions toward the lowest common denominator. Senior environmentalists said that it would be desirable to radically streamline environmental review to enable rebuilding of our country's power grid, but they could never

 Zelizer, Julian. “Why can't Obama reform government?”. CNN commentaries. 29 April 2013.

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join with industry to support such a speedy process, because their "base" would think they were selling out. 

Democracy's goals have changed. Government is played as a game, not as a fiduciary responsibility to get things done. Running the country is not what political leaders mainly think about. They wake up every morning calculating how to beat the other party. You think this is too cynical? Hearings for completely unobjectionable judicial candidates are held up for years because of unrelated partisan bickering. A chief of staff for a Democratic senator once told me that a bill that perfectly reflected Democratic policy was rejected because a moderate Republican introduced it. []

As seen from the above, drastic and comprehensive government reform might be the solution for the ever-pending issue of homeland security, among many other things.

b. Homeland Security Budget Revision: The President’s FY 2014 budget proposal calls for approximately $44.7 billion to be allocated to DHS, approximately $1.7 billion less than Congress enacted in fiscal year (FY) 2012. The U.S. Coast Guard and U.S. Immigration and Customs Enforcement (ICE) had the largest cuts: $628 million and $641 million from FY 2012, respectively.  At the same time, several DHS missions receive substantial increases. The fiscal plan of the U.S. administration presented some sort of prioritization for homeland security goals yet this arrangement of priorities is hardly a matter of consensus. Policy makers have argued that cuts in the coast guard funding were a poor judgment and that the increases in other areas did not show a satisfactory identification of priorities. As a legislative possibility, legislators may try to settle on the priorities of the homeland security stakeholders and consequently determining the appropriate funding to each priority and take decisions of cuts in spending on goals of less priority. Some proposals went with increasing the funding for new technological capabilities to neutralize the threat of cyber-attacks on civilian agencies of government and the governmental infrastructure. Specifically, they went with funding EINSTEIN 2 and 3 programs, which will help in identification and prevention of any intrusions into the governmental systems. It was as well suggested that congress should try to better reach the private sector and direct the funding in for such purpose. Moreover, they proposed that congress should also prioritize information-sharing and analysis centers, which will help federal, state, and local governments as well as the private sector protect against different kinds of threats. Others have seen that extra-funding should go for enhancing the capabilities of the coast guards, which is in a need for revitalization. On the other hand, some key cuts in spending are being proposed. On the top of it is the reform of FEMA with the consecutive disasters that are taking place in a very short period of time, came calls to reconsider the regulations of spending of FEMA. Suggestions were to revise the Stafford Act, which defines the criteria by which the federal government decides whether they should provide a  Howard, Philip. “Reform is not enough, the federal government needs a complete makeover”. The Atlantic. 23 April 2013.

 J. Zuckerman and D. Inserra. “Homeland Security Appropriations Need Different Priorities”. Heritage. 3 Jun. 2013.

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disaster aid or not. Further restrictions are being suggested to limit the spending that has been uncontrollable in the latest few months. Other suggestions were uttered as well requesting from congress to address any legal loopholes that would allow spending above limits allowed without offsets. Reducing fusions centers [] is a legislative possibility since the current system consists of 93 Joint Terrorism Task Forces (JTTFs) under the FBI, 56 Field Intelligence Groups (FIGs) located in FBI field offices, and 77 fusion centers under DHS. The system as mentioned before is duplicative and inefficient. Decreasing the numbers of fusion centers is believed to firstly decrease spending and secondly and most important is to enhance the effectiveness of these centers. Finally, the issue of Department of Homeland Security grants programs that are believed to be in need of thorough revision in order to detect the ineffective programs and to remove them. Through the revision also decisions may be taken to stop federal funding to certain programs and exchanging it with state funding as it may be more convenient.

c. Strategic legislation to regulate and unify homeland security: Without a general consensus on the physical and philosophical definition and missions of homeland security, some believe that the current inefficiency would continue. Policy makers may choose to consider a number of options addressing the apparent lack of a consensus on homeland security definition that prioritizes missions and determine its targets. One of these options might be a total reform of a national homeland security strategy. This option would be similar to the Bush Administration’s issuance of national homeland security strategies in 2002 and 2007. Such a strategy could include a definitive listing of mission priorities based on a definition that not only includes DHS specific responsibilities, but all federal department and agency responsibilities. A strategy that includes priorities could improve Congress’s and other policymakers’ ability to make choices between competing homeland security missions. It will as well help directing the funding where it should be allocated according to the decided priorities. [] Another option would be to build upon the current approach by requiring the Administration to develop the National Security Strategy that identifies homeland security missions and priorities. Alternatively, Congress may determine that the present course of including national homeland security guidance in the National Security Strategy is adequate, and may focus strictly on DHS activities. This option would entail DHS further refining its Quadrennial Homeland Security Review, which it has begun to do with its 2012 Strategic Plan. As a legislative possibility, further unifying and consolidation of agencies may be a solution on the table. It is basically merging two or three agencies with nearly similar roles and missions. Yet, this suggestion should be thoroughly and precisely discussed and planned. The merging process may  Centers that serves as focal points within the state and local environment for the receipt, analysis, gathering, and sharing of threat-related information between the federal government and state, local, tribal, territorial (SLTT) and private sector partners.

 Reese, Shawn. “Defining Homeland Security: Analysis and Congressional Considerations”. Congressional Report Service. 8 Jan. 2013.

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decrease spending on one hand and will ease the coordination between different levels of government. Yet, it might be after all a useless step that combined two minor bureaucracies in one major large bureaucracy. Without an adequate definition of the nature of job this new entity is performing and without a suitable framework such step would never be fruitful.

Second Topic: Domestic Surveillance I. Introduction…………………………………………………………182 196

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a. What is surveillance? b. The fourth amendment.

II. Domestic Drones and Surveillance……………………………….184 a. b. c. d.

What are Drones? History of the use of domestic drones in counter terrorism. Drone technology. Effects of absence of regulation on constitutional rights.

III. Internet and phone calls surveillance……………………………188 a. Internet Surveillance programs (PRISM). b. Phone calls surveillance (NSA phone tapping). c. International data collection.

IV. Legislative Possibilities…………………………………………..196 a. Regulation of Drone technology domestically and territorial usage. b. Regulation of oversight mechanisms on Internet and telecommunications surveillance. c. Whistle blowing internal containment.

Second Topic: Domestic Surveillance I. Introduction:

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Fig. 2.1 showing a man in front of screen monitors, showing several locations at once. Depicting what could be a normal control room in a heavily “watched-over” area. Courtesy of Harriet Cammock

a.What is Surveillance? Surveillance is the behavioral monitoring and observation, which is usually performed on criminals or suspects by law enforcement entities for the purpose of analyzing, anticipating, and perhaps possibly preventing, law breaking actions. Surveillance activities however, have grown greatly in size and reach, primarily due to the exponential technological advances that were a characteristic of the previous two decades. The definitions and the subsequent usage of surveillance activities and methods have also shown a remarkable growth, in response to the constant over complication of the national security maintenance process, analysts say. The technological advances in surveillance aiding instruments, led to a series of unintended multiple constitutional breaches by several federal agencies in the act of conducting counter terrorism surveilling missions. In other incidents, lack of proper regulation have allowed the occurrence of individual isolated incidents where the constitutional individual rights of United States citizens were deliberately breached by federal intelligence collection agencies. The complicated technicalities of modern day technology makes it increasingly difficult for oversight and judicial institutions to conduct a thorough operation of maintaining individual rights of citizens secured against intended and unintended breaches by executive agencies in the federal government. Regulating lines and mechanisms of careful and thorough oversight simply do not “keep up to the speed” of surveillance technological developments. The direct relationship between surveillance and national security made it an imperative priority for the committee on homeland security and governmental affairs to study the issue of Domestic Surveillance and its current implementation, with its ramifications on the country’s national security. The main focus of the committee will be to interpret domestic surveillance and designate its practice in between well-defined legal borders. In addition, the committee will try to capitalize on that interpretation; the regulation of some of the most important domestic surveillance tools namely, telecommunications and drones surveillance. 198

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b.The Fourth Amendment:

Fig. 2.2 shows an exact replica of the original text of the fourth amendment as adopted in the United States Constitution, courtesy of the U.S. Federal Achieves

The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. It was adopted in response to the abuse of the writ of assistance, a type of general search warrant issued by the British government and a major source of tension in pre-Revolutionary America. James Madison introduced the Fourth Amendment in Congress in 1789 along with the other amendments in the Bill of Rights, in response to AntiFederalist objections to the new Constitution. Congress submitted the amendment to the states on September 28, 1789. By December 15, 1791, the necessary three-quarters of the states had ratified it. On March 1, 1792, Secretary of State Thomas Jefferson announced the adoption of the amendment. [] Under the Fourth Amendment, search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer who has sworn by it. Fourth Amendment case law deals with three central questions: what government activities constitute "search" and "seizure"; what constitutes probable cause for these actions; and how violations of Fourth Amendment rights should be addressed. Early court decisions limited the amendment's scope to a law enforcement officer's physical intrusion onto private property, but with Katz v. United States (1967), the Supreme Court held that its protections, such as the warrant requirement, extend to the privacy of individuals as well as physical locations. Law enforcement officers need a warrant for most search and seizure activities, but the Court has defined a series of exceptions for consent searches, motor vehicle searches, evidence in plain view, exigent circumstances, border searches, and other situations. The Fourth Amendment also interposes an independent judiciary between the government and its citizenry—requiring that the government obtain a warrant by making this individualized showing before a federal judge. Review by a neutral  Bill of Rights. U.S. Federal Achieves.

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and independent decision maker is crucial to the Madisonian system of checks and balances, designed to prevent government overreaching and safeguard individual freedoms. []

II. Domestic Drones and Surveillance: a. What are Drones? Drones or UAVs (unmanned aerial vehicles) are aircrafts that can fly without an onboard operator, UAS (unmanned aircraft system) is the entire system under which the UAVs are being operated with a digital network, and a ground personnel, drones are either controlled by ‘pilots’ from the ground or increasingly, autonomously following a pre-programmed mission. Drones vary in sizes there could be ones with a size of an insect and another with a size of a traditional jet. []

Types of Drones: There are three basic types of drones: The Pre-programmed drones: it has no sensor contact with the ground, and it responds to an onboard timer, it also follows a specific routine of maneuvers, changes related to speed, altitude changes, and any changes that are programmed through an autopilot to the drone’s control surface and engine throttle, it’s provided by a parachute as a recovery at the end of the mission. The smart drone: it contains various sensors and is equipped with an on-board computer, this computer controls its ability to make decisions concerning its course and altitude changes, for instance, a smart drone can take off on its own from a certain airport, navigate through a certain route, make decisions according to the enemy’s radar, and even fly to a second airport and make a safe landing. The remotely piloted drone: it’s considered to be the most common type of drones; it’s under the control of an operator who could be located on the ground in another aircraft or on ships. Typical missions for the smart drones are surveillance for enemy activities, special targets, and the jamming of enemy communications. There are also two types of lethal drones that are primarily used by the U.S: The MQ-1B predator: the Predator MQ-1B was the world’s first-ever weaponized unmanned aircraft; it was mainly designed to provide persistent intelligence and surveillance also to provide information combined with a kill capability. (Figure2.3) The MQ-9 reaper: it’s larger and more powerful than the MQ-1 and is designed to prosecute time-sensitive targets with precision and destroy or disable them. (Figure 2.4) []

 http://blog.constitutioncenter.org/2013/08/how-nsa-surveillance-endangers-the-fourth-amendment/

 Richard M. Thomson ll , Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses, April 3, 2013, p.1 at http://www.fas.org/sgp/crs/natsec/R42701.pdf

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Figure 2.3: The MQ-1B Predator

Figure 2.4: the MQ-9 reaper

b.The Use of Domestic Drones in counterterrorism: When president Obama Signed the FAA (Federal Aviation Administration) Modernization and Reform Act in 2012, it was an official authorization for the development of regulation that would facilitate the growing usage of drones in domestic air space. Drones have been employed recently by local, state, and federal governments in a wide range of conditions, for instance, the department of home land security use the drones to police the nation’s borders in order to prevent the illegal crossing of unauthorized immigrants, criminals and terrorists and to detect and ban smuggling of weapons, Drugs, and other contrabands into the country, Moreover, according to recent reveals of the FAA, many local police departments, small cities and towns, private colleges have received the FAA certificate of authorization in order to be able to fly and use unmanned drones domestically. Recently, the nation’s first drone assisted-arrest was conducted by a police force in North Dakota, the department of homeland security on the other side in consistence with the local law enforcement agencies has been testing the drone capabilities in other situations that include: tracking a gun used by a fleeing suspect, monitoring a hosting situation, detecting radiation, firefighting, and also finding missing persons. [] In 2012, FAA reported that Massachusetts had filed an application for a drone, then following the explosion of two bombs at the Boston Marathon in 2013 parts of the city were shut down during the search for the suspects, surveillance cameras managed to successfully identify the Boston suspects using video footage, As a result there was an attempt to have drone surveillance for the next year’s Marathon. []  Kelsey D. Atherton, Flying Robots 101: Everything You Need to Know about Drones, July 3, 2013, at http://www.popsci.com/technology/article/2013-03/drone-any-other-name

 Richard M. Thomson ll , Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses, April 3, 2013, p.3 at http://www.fas.org/sgp/crs/natsec/R42701.pdf

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Regarding the border security, the department of homeland security has retooled the unmanned aerial vehicles known as Drones from a military weapon into a civilian border protection instrument; the program is operated by the air and marine office under the custom border protection agency that’s part of the department of homeland security. These civilian-styled border drones carry powerful radars; one of the drones achievements is that it led to the arrest of a 62,000 illegal immigrants, almost 2,000 smugglers, and more than 80,000 pounds of drugs. (Figure 2.5)

Figure 2.5: One of the Predator B drones used to patrol the U.S-Mexican borders.

c.Drones Technology: Recently drones raise some crucial concerns and issues for privacy and civil liberties as the drones are capable of making a highly advanced surveillance, for example, surveillance drones are equipped with imaging technology that’s able to obtain detailed photographs of people, homes, terrain, also of small objects, drones may also contain infrared cameras, GPS, heat sensors, movement detecting sensors, automated license plate readers, moreover, operators of some drones can use them to track up to 65 targets across a distance of 65 square miles, it’s expected that in the near future drones

 Maggie Clark, Boston Bombings Show Future Use for Police Drones, May 1, 2013, at http://www.pewstates.org/projects/stateline/headlines/boston-bombings-show-future-use-for-police-drones-85899472525

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might also contain face recognition technology that will enable the identification of individuals remotely in parks, schools and in political gatherings. [] Recently, the federal aviation administration is testing civilian versions of drone aircrafts to clear the way for the commercial use of unmanned aircrafts; for example, with high-resolution cameras in drones they can be used in monitoring remote infrastructure such as pipelines and power lines which will be easier and cheaper than the traditional ways using helicopters.[] An emerging field is the field of aerial vehicle autonomy, and autonomy is defined as the ability to make decisions without any human intervention, in this regard the main purpose of autonomy is to make machines smart and to act more like humans, so accordingly the categories under which the autonomy technology that is going to be part of the future development of Unmanned Aerial vehicles are: Sensor fusion: This is the combination of different information from various sensors to be used on board of the vehicle. Communications: It is handling the cooperation and communication between multiple agents in case of incomplete information. Motion Planning: This is determining a certain path for the vehicle to go in case it faced some constraints such as obstacles. Trajectory generation: This includes determining an optimal control maneuver to go from one location to another. Task allocation and scheduling: this is the optimal distribution of tasks among agents with time and equipment constraints. Cooperative Tactics: which is maximizing the chance of success in any given mission scenario by formulating an optimal sequence and distribution of activities between agents. []

d. Effects of the absence of regulation on constitutional rights: It’s undoubted that drones present a massive threat to privacy, since that they were designed to conduct persistent surveillance by merit of design, size, how high they can fly, and their ability to operate in rural and urban areas without being detected.  Hernán Rozemberg, Homeland Security Expands Use Of Drones On The Border, July3,2012, at http://www.fronterasdesk.org/content/homeland-security-expands-use-drones-border

 Electronic privacy information Centre, Domestic Unmanned Aerial Vehicles (UAVs) and Drones, at http://epic.org/privacy/drones/

 The editorial Board, Putting Drones to the Test, January 4, 2014, at http://www.nytimes.com/2014/01/05/opinion/sunday/putting-drones-to-the-test.html

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The 4th Amendment, which provides “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”, many civil rights and privacy groups have expressed concern that by allowing continual increase in government surveillance of citizens the U.S will end up in a mass surveillance society with extremely limited or non-existent political or personal freedoms at all… which is one of the negative sides of using drones or the UAVS domestically, and what would contribute in such continual increase in the use of drones in domestic surveillance is the FAA modernization and reform act of 2012, that will expectedly contribute in the widespread of domestic drones in the national navigable airspace. An essential purpose of this Amendment is to protect privacy interests against the random acts of the government, with the reasonableness requirement being the safeguard and pivotal protection of a person's privacy interest; what is reasonable depends on the individual circumstances existing at the time of the search. The degree of privacy secured to citizens by the Fourth Amendment has changed over time, especially in light of technological advances, for instance, Computers, smart phones, GPS devices, infrared detectors, and X-ray scanners did not exist, nor were they foreseen, at the time of the Fourth Amendment’s enactment in 1791. On one hand, these advances in technology have increased the privacy of individuals in many ways; On the other hand, they have also increased the technical ability to intrude on the privacy of individuals. This double-edged sword that technology plays has posed a difficult challenge for the courts in their application of the privacy protections of the Fourth Amendment. The main concern of the common usage of drones domestically comes out of the fact that Technology has outpaced Fourth Amendment jurisprudence over the past fifty years. The judicial process is much too slow to be able to operate at technology’s speed. By the time a decision is rendered by the United States Supreme Court on a particular technological device, that device is either commonly used by everyone, or has been replaced by newer technology or has become outdated. As a result of the inevitable lag behind technology, Fourth Amendment jurisprudence is always two steps behind, making it difficult for law enforcement and society to know what rules apply in search and seizure. Accordingly, the threats of invading privacy will continue being an issue until the proper regulations and limitations of using drones domestically are implemented. []

III. Internet and phone calls surveillance:

 Richard M. Thomson ll , Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses, April 3, 2013, p.4 to p.12 at http://www.fas.org/sgp/crs/natsec/R42701.pdf

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Fig. 2.6 shows a surreal representation of the perceived issue of increased telecommunication surveillance, a hypothetical eye watching over private lives. Photo courtesy of Associated Press.

Computer and network surveillance is the monitoring of computer activity, of data stored on a hard drive, or being transferred over computer networks such as the Internet. The monitoring is often done surreptitiously and may be done by or at the behest of governments, by corporations, criminal organizations, or individuals. It may or may not be legal and may or may not require authorization from a court or other independent agency. Computer and network surveillance programs are widespread today, and almost all Internet traffic is or could potentially be monitored for clues to illegal activity. Surveillance is very useful to governments and law enforcement to maintain social control, recognize and monitor threats, and prevent/investigate criminal activity. With the advent of programs such as the Total Information Awareness program, technologies such as high-speed surveillance computers and biometrics software, and laws such as the Communications Assistance For Law Enforcement Act, governments now possess an unprecedented ability to monitor the activities of citizens. [] The vast majority of computer surveillance involves the monitoring of data and traffic on the Internet. In the United States for example, under the Communications Assistance For Law Enforcement Act, all phone calls and broadband internet traffic (emails, web traffic, instant messaging, etc.) are required to be available for unimpeded real-time monitoring by Federal law enforcement agencies. a. PRISM: is a tool used by the US National Security Agency (NSA) to collect private electronic data belonging to users of major internet services like Gmail, Facebook, Outlook, and others. It’s the latest evolution of the US government’s post-9/11 electronic surveillance efforts, which began under President Bush with the Patriot Act, and expanded to include the Foreign Intelligence Surveillance Act (FISA) enacted in 2006 and 2007. There’s a lot that is still unknown about how PRISM works, but the basic idea is that it allows the NSA to request data on specific people from major technology companies like Google, Yahoo, Facebook, Microsoft, Apple, and others. The US government insists that it is only allowed to collect data when given permission by the secretive Foreign Intelligence Surveillance Court. HOW DOES PRISM WORK?  "Is the U.S. Turning Into a Surveillance Society?". American Civil Liberties Union. Retrieved March 13, 2009.

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PRISM is probably more like a data ingestion API system that allows for streamlined processing of Foreign Intelligence Surveillance Act requests. And Google revealed to Wired that its secret system to siphon data to the NSA was nothing more than a secure FTP

Fig. 2.7 is an info-graph that illustrates the mechanism through which the PRISM program might work. Diagram courtesy of mashable.com.

This info-graphic was made by Ashkan Soltani, an independent privacy researcher and consultant, along with another researcher, nicknamed "semipr0," have made an info-graphic that cleanly lays out how PRISM might work: First, the government approaches the company and establishes a system that they will follow from then on to process FISA requests. Once the system is in place, an NSA agent, from his or her computer can send a request to the company for user data. After that, the FBI makes sure the request doesn't specifically target U.S. citizens. Then the request is sent to the company either through more traditional legal process, like a letter or an email, or through an automated API-like process, similar to what Facebook has set up for criminal investigations. "This is where things get interesting," the company fulfills the request. This is also where most of the mystery-surrounding PRISM still resides. Google has said that it uploads the data to a secure FTP, and sometimes it even delivers it by hand. The New York Times has reported that Facebook has set up some sort of secure "mailbox" or dropbox within its servers to drop the data. Facebook refused to disclose how it cooperates with the NSA, and we don't know how other companies do it. That Scenario B (as imagined in the infographic above) is how Microsoft and Skype do it because "an onsite box would allow the government to conduct real-time voice intercepts," A lot of questions still

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remain unanswered, But with the information we currently have available, this info graphic is perhaps the best visualization of how PRISM might work. []

Van Eck Phreaking:

Fig. 2.8 shows an image of an original file (left) and the image of that same file collected through the Van Eck Phreaking technology (right) from a distant hardware storing soft data. Photo courtesy of “Abram’s Insights”

Van Eck phreaking is the process of eavesdropping on the contents of a CRT or LCD display by detecting its electromagnetic emissions. It is named after Dutch computer researcher Wim van Eck, who in 1985 published the first paper on it, including proof of concept. Phreaking is the process of exploiting telephone networks, used here because of its connection to eavesdropping. Van Eck phreaking might also be used to compromise the secrecy of the votes in an election using electronic voting. This caused the Dutch government to ban the use of NewVote computer voting machines manufactured by SDU in the 2006 national elections, under the belief that ballot information might not be kept secret. In a 2009 test of electronic voting systems in Brazil, Van Eck phreaking was used to successfully compromise ballot secrecy as a proof of concept. []

THE INCIDENT OF EDWARD SNOWDEN: Who is he? What happened?  “Prism program and how it works”. Telegraph. http://mashable.com/2013/06/14/infographic-how-prism-might-work/

 Van Eck, Wim (1985). "Electromagnetic Radiation from Video Display Units: An Eavesdropping Risk?". Computers & Security 4 (4): 269–286. doi:10.1016/0167-4048(85)90046-X

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Edward Snowden is an ex- CIA and an ex- NSA contractor he leaked to the journalists of THE GUARDIAN and THE WASHINTON POST documents included 41 power point slides four of which were published in news articles. The documents identified several technology companies as participants in the PRISM program, including Microsoft in 2007, Yahoo! in 2008, Google in 2009, Facebook in 2009, Paltalk in 2009,YouTube in 2010, AOL in 2011, Skype in 2011 and Apple in 2012. b.Phone calls surveillance (NSA phone tapping): As part of a long-standing effort to spy on foreign-to-foreign intelligence targets, the National Security Agency and British intelligence services have secretly tapped into Google and Yahoo communications links at collection centers scattered around the world, scooping up metadata on hundreds of millions of accounts — including those belonging to many Americans. Metadata:

Fig. 2.9 is a representation of the different conceptual connotations of the term METADATA. Picture Courtesy of multiple internet sources.

Definition: Metadata describes other data. It provides information about a certain item's content. For example, an image may include metadata that describes how large the picture is, the color depth, the image resolution, when the image was created, and other data. A text document's metadata may contain information about how long the document is, who the author is, when the document was written, and a short summary of the document.  In conclusion (simple explanation for metadata) • Means of creation of the data • Purpose of the data • Time and date of creation • Creator or author of the data • Location on a computer network where the data were created  Mitchell, Andrea. “NSA, British intelligence secretly tapped into Google, Yahoo cable links, officials say”. NBC News. 31 Oct. 2013.

 http://www.techterms.com/definition/metadata

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Types of metadata: 1-Structural metadata: are used to describe the structure of database objects such as tables, columns. 2- Guide metadata are used to help humans find specific items and are usually expressed as a set of keywords in a natural language 3- Technical metadata correspond to internal metadata, business metadata - to external metadata. 4- Process metadata. NISO distinguishes among three types of metadata: descriptive, structural and administrative. Descriptive metadata are the information used to search and locate an object such as title, author, subjects, keywords, publisher; structural metadata give a description of how the components of the object are organized; and administrative metadata refer to the technical information including file type. Two sub-types of administrative metadata are rights management metadata and preservation metadata.

Usage of metadata: The program collects in bulk the phone records—specifically the number that was dialed from, the number that was dialed to, and the date and duration of the call—of customers Of Verizon Wireless and possibly other U.S. telephone service providers. It doesn’t collect the content of the calls or the identity of caller.

c.International data collection: Data collection usually takes place early on in an improvement project, and is often formalized through a data collection plan which often contains the following activity. 1. Pre collection activity — agree on goals, target data, definitions, methods 2. Collection — data collections 3. Present Findings — usually involves some form of sorting analysis and/or presentation. Recent developments include computer-assisted self-interviewing (CASI) methods using audio and/or video, automated telephone interviewing systems (interactive voice response), and the World Wide Web. These developments are already having a profound effect on survey data collection. Newer technological challenges include wireless applications (mobile web) and portable digital devices. These technologies offer many opportunities to expand the way we think of survey data collection, increasing the ways we can interact with survey respondents and expanding the range of stimulus material that can be used.

What’s the purpose of this whole data collection? The President’s highest priority is to keep the American people safe. He is committed to ensuring the United States is true to its values and ideals while also protecting the American people. The President is committed to securing the homeland against 21st century threats by preventing terrorist attacks and other threats against the homeland, preparing and planning for emergencies, and investing in strong response and recovery capabilities.

Data collection -national security: How could the data collection risk the national security? By collecting data secret data about another country this could put the national security of a country at risk, it could lead to many diplomatic problems like what recently happened with Germany when they found that the us government is spying on them. 209

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Another problem that could risk national security is that if we choose privacy vs. security this could give the chance to terrorist groups to make plans because they aren’t being watched. In conclusion data collection could put any country at risk if they interfered withvother countries business just for the sake of the national security of their country . If Congress believes that an agency has drifted from its original mandate, Congress can respond in a number of ways. Congress can pass a law to overrule agency decisions, or to narrow the agency's jurisdiction. Congress can use its appropriations power to restrict the agency's funding. Congress can also narrow the agency's regulatory authority. For example, in the 1980s Congress narrowed the EPA's regulatory discretion using detailed substantive criteria to limit EPA rulemaking. Purposes Oversight, as an outgrowth of this principle, ideally serves a number of overlapping objectives and purposes: • Improve the efficiency, economy, and effectiveness of governmental operations; • Evaluate programs and performance; • detect and prevent poor administration, waste, abuse, arbitrary and capricious behavior, or illegal and unconstitutional conduct; • protect civil liberties and constitutional rights; • inform the general public and ensure that executive policies reflect the public interest; • gather information to develop new legislative proposals or to amend existing statutes; • ensure administrative compliance with legislative intent; and • Prevent executive encroachment on legislative authority and prerogatives. In sum, oversight is a way for Congress to check on, and check, the executive directors Concerning both programs prism and metadata is the oversight on these programs. The disclosures just showed something wrong in the whole process of oversight. The clearest evidence for that is the huge number of records that has been in the hands of the government that raised suspicions around the whole process. Both programs are "subject to oversight by the Foreign Intelligence Surveillance Court, the Executive Branch and Congress. Critics, citing the frequency with which requests are approved by the FISC, argue that the court operates as a “rubber stamp” for the executive branch. Others argue on that and the fact that FISC is a court that meets in secret just makes the suspicions grow bigger. At the core of the problem is that the Foreign Intelligence Surveillance Court (FISA Court)

Congressional Oversight: The US PATRIOT ACT: The USA PATRIOT Act is an Act of Congress that was signed into law by President George W. Bush on October 26, 2001. The title of the act is a ten-letter backronym (USA PATRIOT) that stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. On May 26, 2011, President Barack Obama signed the PATRIOT Sunsets Extension Act of 2011, a four-year extension of three key provisions in the USA PATRIOT Act: roving wiretaps, searches of business records (the "library records provision"), and conducting surveillance of "lone wolves"— individuals suspected of terrorist-related activities not linked to terrorist groups. The act gives the executive branch immense prerogative powers, away from judicial and congressional oversight. Sections that were to originally expire on December 31, 2005 201: Authority to intercept wire, oral, and electronic communications relating to terrorism 202: Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses 210

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203(b):Authority to share electronic, wire and oral interception information 204: Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communications 206: Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978. 207: Duration of FISA surveillance of non-United States persons who are agents of a foreign power 209: Seizure of voice-mail messages pursuant to warrants 212: Emergency disclosure of electronic communications to protect life and limb 214: Pen register and trap and trace authority under FISA 215: Access to records and other items under the Foreign Intelligence Surveillance Act. 217: Interception of computer trespasser communications 218: Foreign intelligence information 220: Nationwide service of search warrants for electronic evidence 223: Civil liability for certain unauthorized disclosures 225: Immunity for compliance with FISA wiretap Bolded are provisions of significance. These provisions were reauthorized multiple times and are still active to this date. Protect America Act: The Protect America Act of 2007 (PAA), (Pub.L. 110â&#x20AC;&#x201C;55, 121 Stat. 552, enacted by S. 1927), is a controversial amendment to the Foreign Intelligence Surveillance Act (FISA) that was signed into law by U.S. President George W. Bush on August 5, 2007. It removed the warrant requirement for government surveillance of foreign intelligence targets "reasonably believed" to be outside of the United States. The FISA Amendments Act of 2008 reauthorized many provisions of the Protect America Act in Title VII of FISA. The bill allowed the monitoring of all electronic communications of "Americans communicating with foreigners who are the targets of a U.S. terrorism investigation" without a court's order or oversight, so long as it is not targeted at one particular person "reasonably believed to be" inside the country. In the bill, the monitoring of data related to Americans communicating with persons (U.S citizens and non-citizens) outside the United States who are the targets of a U.S. government intelligence information gathering efforts was addressed. The Protect America Act differed from the FISA in that no discussion of actions or character judgment of the target was required for application of the statute (i.e. to receive a FISA surveillance warrant, a FISC foreign agent definition was required). This data could be monitored only if intelligence officials acted in the context of intelligence information gathering. The Protect America Act generated a great deal of controversy. Constitutional lawyers and civil liberties experts expressed concerns that the Act authorized massive, wide-ranging information gathering with no oversight. Whereas much focus was placed on communications, the Act allowed for information gathering of all shapes and forms. The ACLU called it the "Police America Act" â&#x20AC;&#x201C; "authorized a massive surveillance dragnet", calling the blank-check oversight provisions "meaningless," calling them a "phony court review of secret procedures." The relationship between Congress and the Executive Branch is not only evident in the relationship between Congress and the President, which we have already discussed. During the twentieth century, Congress has established a large number of federal programs administered by agencies within the Executive Branch. Through this process of a broad delegation of authority to the executive Branch, 211

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Congress has helped create a vast Federal Bureaucracy. The relationship of Congress to the Executive Branch today must therefore be seen in terms of its relation to this Bureaucracy, as well as its relation to the Presidency. In order to gain some control over the operations of the various agencies, which had been established within the Executive Branch, Congress in 1946 began to develop a series of structures and procedures designed to oversee the Bureaucracy. This process generally came to be known as congressional oversight. Although no pun was probably intended in the coining of this phrase, its secondary meaning certainly comes to mind when one examines how this process has actually tended to operate. There are several methods through which congressional oversight operations take place: the committee process, congressional administrative offices, casework, as well as a number of administrative techniques.

Oversight through Committees: There are three types of committees through which congressional oversight functions take place: authorizations committees, appropriations committees, and governmental operations committees. Authorization Committees. The first type of committee is the substantive committee which originally establishes or authorizes the program or agency. In the case of a military program, this would be the Armed Services Committees in both chambers. In the case of an urban program, this would be the Banking, Finance and Urban Affairs Committee in the House and the Banking, Housing and Urban Affairs Committee in the Senate. Similarly, each program area within the Federal Bureaucracy is related to at least one specific substantive standing committee in each chamber of Congress. In attempting to pursue oversight activities through these authorization committees, a number of problems are often encountered. One of these results from the fact that a particular governmental agency may fall within the jurisdiction of several different substantive committees or subcommittees. As a result, the agency may play one committee or subcommittee against the other in order to achieve those results in Congress which tend to benefit the agency the most. Another problem is that a committee which establishes a program is often too involved with the outcome of its own efforts to be willing to investigate adequately the operations of the program it has initiated. Appropriations Committees. One of the most significant places where a measure of oversight activity takes place is in the appropriations process. The budget for an agency must be approved anew each year. One might assume that this yearly appropriations process would lead to a careful annual inspection of the budgets of all the various governmental agencies. This, however, is not the case. The federal budget is so large and complex that it is impossible to consider carefully the budget of each agency and program on a year-to-year basis. What happens instead is that budgets are often routinely approved from year to year with general reviews only occurring periodically. In addition, many agencies develop quite close relationships with the subcommittees of the Appropriations Committees which specifically deal with their agency. These agencies are therefore often able to extract some special favors from these particular appropriations subcommittees. Government Operations Committees, The Senate Committee on Governmental Affairs and the House Committee on Governmental Reform were originally established to coordinate congressional concern over governmental operations. Thus, many see these committees as an ideal place for maintaining congressional surveillance over the activities of the vast Bureaucracy located within the Executive Branch. However, because of jurisdictional disputes and because of the reluctance of most 212

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representatives and senators to provide for adequate independent oversight activities, the efforts of these governmental operations committees have been quite limited.

IV. Legislative possibilities: a. Regulation of Drone technology domestically and territorial usage: With the drone technology evolving drastically day after the other and with the huge concerns raised due to this evolution came the need to find the adequate regulatory framework for such technology. Several approaches were echoed by commentators and legislators in both the states and federal legislatures. One of the proposals and that is believed to be the strictest went with the total prohibition of the use of drones on the U.S soils for the purposes of surveillance. This proposal was built on the belief that drones are unacceptably intrusive to the extent that it should be banned. [] Another possible approach that has been raised as well was prohibition of their use unless the law enforcement institutions obtain a warrant based upon probable cause or suspicions. This proposal allowed the use of drones upon certain conditions and with a proper oversight yet there was a portion of criticism that this option eventually faced. Obtaining a warrant is a process that may exert some time and in some cases fast responses are needed the most. This opened the door for further proposals which suggested adding some exceptions by which the law enforcement can respond to by using the drones and without obtaining a warrant.  There are other legislative proposals which would allow the use of drones to monitor the actions of a U.S citizen in certain crimes only (for example ones related to terrorism).  There are others which will distinct between different types of drones according to their level of sophistication and the different technological accessories drones could be equipped with.  These suggested proposals would let the prohibition and allowance of the use dependable upon the capabilities of the drone itself. An option in front of legislators as well is to tighten the restrictions of issuing the licenses of use of such drones by the Federal aviation agency (FAA).

b. Regulation of oversight mechanisms on internet and telecommunications surveillance:  Celock, John. “Lawrence, Kansas Likely To Consider Drone Ban”. Huffingtonpost. 20 Aug. 2013.

 Liebelson, Dana. “Map: Is Your State a No-Drone Zone?”. Mother Jones. 30 Sep. 2013.

 Wheaton, Daniel. “Update: Nine states looking to restrict UAV use, more coming”. Drone Journalism Lab. 1 Feb. 2013.

 Thomson II, Richard M. “Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses”. Congressional Report Service. 3 April 2013.

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After the latest controversy-provocative revelations by Edward Snowden that exposed the NSA surveillance programs, a huge deal of discontent in the U.S public opinion was obvious and tangible. This brought up the need for a legislative intervention that would regulate the whole matter guaranteeing the preservation of the U.S citizen’s constitutional rights and a better process of oversight over this kind of programs. Regarding the first program which involves gathering bulky phone and business records, there is more than an option available in front of legislators. Amending section 215 in the Patriot act which is considered the legal basis upon the program works was one of them. Amendments concentrated mainly on limiting the authority of the governmental institutions and agencies in requesting the bulky records. Some of the proposals went with requesting a warrant based on a probable cause. Others suggest that the subject of the investigation should be a specific person or a specific group rather than the existing status quo where the NSA can achieve millions of business or phone records without specifying a certain target. [] Regarding the second program famously known as (PRISM) which was reauthorized in the past year and extended till 2017, legislative exiting possibilities varied between proposals to change the date of expiration of the authorization to be earlier [] and other recommendations for a better mechanism of oversight on the process. In both programs, lawmakers requesting more transparency in the whole process have tackled the matter of judicial oversight. As a step for a better congressional and judicial oversight mechanisms, Law makers may possibly require the public disclosure of opinions, decisions, and orders of the FISC (foreign intelligence security court) that include significant legal interpretations of Section 501 or 702 of FISA. Among the options as well are enhancing reports to Congress on number of applications made and orders granted under FISA, as well as estimates on the number of U.S. persons affected. [] c. Whistleblowing internal containment:

 Liu, Edward C. “Reauthorization of the FISA Amendments Act”. Congressional Report Service. 8 April 2013.

  FISA and NSA Legislation Introduced in the 113th Congress (Revised 03/14/14) American Library Association Washington Office

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Despite the fact that whistleblowing in the past years have caused a lot of harms to the national security of the U.S whistleblowing in itself is not the problem. The problem is when the whistleblower could not blow the whistle through a legal path and use other paths instead which inevitably target the wrong audience. Whistleblowing is actually a conduct that would be even crucially needed if done according to a proper legal basis. Containing whistleblowers internally is now a proposed approach some commentators and Law makers are suggesting to avoid another Edward Snowden from emerging. According to the current laws, a whistleblower in federal agencies and departments is protected against prosecution or questioning and from any form of retaliation from the institution his informing on. Yet, these laws are not the same when the information disclosed is related to intelligence and national security. The “Intelligence Community Whistleblower Protection Act” gives the whistleblower the right to go to Congress. It doesn’t protect him against retribution from the agency that you’re reporting abuse on.” [] As an example for intelligence whistleblower was Thomas Drake who was prosecuted under the World War I-era Espionage Act for mishandling national defense information. His alleged crime: voicing concerns to superiors after the Sept. 11, 2001, attacks about violations of Americans’ privacy by the nation’s largest intelligence organization (the NSA) and later, in frustration, speaking to a reporter about waste and fraud in the NSA intelligence program mentioning no classified information. As an expense, He lost his $155,000-a-year job and pension, even though in 2011 the criminal case against him fell apart. The former top spokesman for the Justice Department, Matthew Miller, later said the case against Drake may have been an “ill-considered choice for prosecution.” Drake found a lot of hardships to even find a job since “People were afraid to deal with a federal government whistleblower” as he then said. []

 “The Whistleblower protection act not created equal.” .MSNBC.

 Wax, Emily. “After the whistle: Revealers of government secrets share how their lives have changed”. Washington Post. 29 Jul. 2013.

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Drake is an example among others of a whistleblower that exposed misconduct or a fraud and in return he paid a heavy price. The hardships that those whistleblowers faced from being prosecuted for charges, losing their jobs and even having a problem finding a job acts as a repelling factor for any whistleblower-to-be to do what they are supposed to do. As a legislative option to contain the disastrous consequences of illegal whistleblowing is to form a statutory law that deal with intelligence whistleblowers the same as the normal whistleblowers offering the same amount of protection. Another defect in the “whistle blower protection act” is that it does not cover enough people. It offers protection to federal employees only while contractors for federal agencies as Edward Snowden are not covered []. This simply means that if you’re not a federal employee and you’ve witnessed the illegal conduct, you don’t have the right to inform any and one and you’re not protected. An option for better containment of whistleblowers is to expand the reach of protection for both employees and contractors. On the other hand, some lawmakers have completely different approach when it comes to whistleblowers that expose information harmful to national security. They prefer the intimidation sort of response by supporting their prosecution for espionage considering them aiding the enemies of the United States. [] Other law makers tended to go with a totally other option which is simply tightening security procedures against whistleblowers in intelligence agencies through investigating anyone with a security clearance, in an effort to locate the next Snowden before he takes to the media. []

‫لجنة شؤون الشرق الندنى ووسط وجنوب آسيا‬ Committee on Near Eastern and South and Central Asian Affairs (NESA)

 “Whistle-Blower: Protection Act Doesn't Cover Enough People”. National Public Radio. 1 Aug. 2013.

 Masnick, Mike. “Obama Administration Has Declared War On Whistleblowers, Describes Leaks As 'Aiding The Enemy’”. Tech Dirt. 21 Jun. 2013.

 Vatu, Gabriella. “Senate Panel Passes Intelligence Budget, Tightens Security Against Whistleblowers”. Softpedia. 6 Nov. 2013.

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Chairman: Ibrahim A. El-Shiekh Vice Chairlady: Maha El-Sisi Ranking Member: Mohammed Moustafa Party Consultant: Reem M. galal

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