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Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization

Description: This report discusses the history of constitutional interpretations and legislative responses relevant to the collection of private information for criminal investigation, foreign intelligence gathering, and national security purposes.
Date: March 2, 2010
Creator: Henning, Anna C.; Bazan, Elizabeth B.; Doyle, Charles & Liu, Edward C.
Partner: UNT Libraries Government Documents Department
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Intelligence Authorization Legislation: Status and Challenges

Description: This report assesses the effects of the absence of intelligence authorization legislation since FY2005. Since FY2005, no annual intelligence authorization bill has been enacted. Although the National Security Act requires intelligence activities to be specifically authorized, this requirement has been satisfied in recent years by one-sentence catch-all provisions in defense appropriations acts authorizing intelligence activities.
Date: January 27, 2010
Creator: Best, Richard A., Jr.
Partner: UNT Libraries Government Documents Department
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Sensitive Covert Action Notifications: Oversight Options for Congress

Description: Legislation enacted in 1980 gave the executive branch authority to limit advance notification of especially-sensitive covert actions to eight Members of Congress (called the "Gang of Eight") when the President determines that it is essential to limit prior notice in order to meet extraordinary circumstances affecting U.S. vital interests. This report describes the statutory provision authorizing Gang of Eight notifications, reviews the legislative history of the provision, and examines the impa… more
Date: April 6, 2011
Creator: Cumming, Alfred
Partner: UNT Libraries Government Documents Department
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CRS Issue Statement on Intelligence Policy

Description: This report contains the distinction between foreign and law enforcement intelligence that remain important when civil liberties and privacy rights of U.S. persons are involved.
Date: January 15, 2010
Creator: Best, Richard A., Jr.
Partner: UNT Libraries Government Documents Department
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The National Intelligence Council (NIC): Issues and Options for Congress

Description: It is the purpose of this report to describe the statutory provisions that authorize the NIC, provide a brief history of its work, and review its role within the federal government. The report will focus on congressional interaction with the NIC and describe various options for modifying congressional oversight.
Date: December 27, 2011
Creator: Best, Richard A., Jr.
Partner: UNT Libraries Government Documents Department
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The Intelligence Appropriations Process: Issues for Congress

Description: The intelligence appropriations process remains complicated and not well understood, but intelligence is an important and sizable part of the federal budget and will undoubtedly be addressed as Congress considers various alternatives for spending. This report reviews the intelligence appropriations process, describes various changes that have been proposed, and analyzes the issues associated with the proposals.
Date: November 9, 2011
Creator: Best, Richard A., Jr.
Partner: UNT Libraries Government Documents Department
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National Security Letters: Proposals in the 112th Congress

Description: This report reprints the text of the five National Security Letter (NSL) statutes as they now appear and as they appeared prior to amendment by the USA PATRIOT Act (to which form they would be returned under S.1125 and H.R. 1805). NSLs are roughly comparable to administrative subpoenas. Various intelligence agencies use them to demand certain customer information from communications providers, financial institutions, and consumer credit reporting agencies under the Right to Financial Privacy A… more
Date: June 30, 2011
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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National Security Letters: Proposals in the 113th Congress

Description: This report reprints the text of the five National Security Letter (NSL) statutes as they now appear and as they appeared prior to amendment by the USA PATRIOT Act. A National Security Letter (NSL) is roughly comparable to an administrative subpoena, used by various intelligence agencies to demand certain customer information from communications providers, financial institutions, and consumer credit reporting agencies under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the… more
Date: January 22, 2015
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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Reform of the Foreign Intelligence Surveillance Courts: Procedural and Operational Changes

Description: This report begins with an overview of both the FISC and the FISA Court of Review, including the jurisdiction of these courts, how the judges are appointed, and the FISC's practices and procedures for reviewing and issuing surveillance orders. The report then discusses the scope and underlying legal principles behind congressional regulation of the procedures of the federal courts, and applies those principles with respect to the various proposals to reform the FISA judicial review process.
Date: August 26, 2014
Creator: Nolan, Andrew & Thompson, Richard M., II
Partner: UNT Libraries Government Documents Department
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The Federal Bureau of Investigation and Terrorism Investigations

Description: This report provides background information on key elements of the FBI terrorism investigative process, based on publicly available information. This report sets forth possible considerations for Congress as it executes its oversight role, including the extent to which intelligence has been integrated into FBI operations to support its counterterrorism mission and the progress the Bureau has made on its intelligence reform initiatives.
Date: April 24, 2013
Creator: Bjelopera, Jerome P.
Partner: UNT Libraries Government Documents Department
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Reform of the Foreign Intelligence Surveillance Courts: Procedural and Operational Changes

Description: This report begins with an overview of both the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Surveillance Act (FISA) Court of Review, including the jurisdiction of these courts, how the judges are appointed, and the FISC’s practices and procedures for reviewing and issuing surveillance orders. The report then discusses the scope and underlying legal principles behind congressional regulation of the procedures of the federal courts, and applies those principles wit… more
Date: January 16, 2014
Creator: Nolan, Andrew & Thompson, Richard M., II
Partner: UNT Libraries Government Documents Department
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Renewed Crypto Wars?

Description: This report briefly examines renewed tensions between tech companies and the government regarding encryption "back doors" and how quickly-advancing technologies could impact law enforcement investigations.
Date: February 9, 2016
Creator: Finklea, Kristin
Partner: UNT Libraries Government Documents Department
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Cybersecurity: Selected Legal Issues

Description: This report discusses selected legal issues that frequently arise in the context of recent legislation to address vulnerabilities of critical infrastructure to cyber threats, efforts to protect government networks from cyber threats, and proposals to facilitate and encourage sharing of cyber threat information amongst private sector and government entities. This report also discusses the degree to which federal law may preempt state law.
Date: March 14, 2012
Creator: Liu, Edward C.; Stevens, Gina; Ruane, Kathleen Ann; Dolan, Alissa M. & Thompson, Richard M., II
Partner: UNT Libraries Government Documents Department
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National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments

Description: This report discusses the National Security Letters (NSLs), which seek customer and consumer transaction information in national security investigations from communications providers, financial institutions, and credit agencies.
Date: December 27, 2010
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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Covert Action and Clandestine Activities of the Intelligence Community: Selected Notification Requirements in Brief

Description: This report discusses the requirements for notifying Congress of covert action and clandestine activities of the intelligence community and activities of the military. These requirements originated from instances in the 1970s when media disclosure of past intelligence abuses underscored reasons for Congress taking a more active role in oversight. Over time, these requirements were written into statute or became custom.
Date: May 7, 2018
Creator: DeVine, Michael E. & Peters, Heidi M.
Partner: UNT Libraries Government Documents Department
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“Gang of Four” Congressional Intelligence Notifications

Description: "Gang of Four" intelligence notifications are oral briefings on sensitive non-covert action intelligence activities (including intelligence collection programs) that the Intelligence Community typically limits to the chairmen and ranking members of the two congressional intelligence committees, and at times to their respective staff directors. This report reviews the history of Gang of Four notification process and compares this procedure with that of the "Gang of Eight" notification procedure.
Date: March 18, 2011
Creator: Cumming, Alfred
Partner: UNT Libraries Government Documents Department
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Intelligence Community Whistleblower Protections: In Brief

Description: This report describes various sources of Intelligence Community (IC) whistleblower protections. Generally speaking, whistleblowers are those who expose misconduct (e.g., fraud, abuse, or illegal activity) within an organization. In the context of the IC, whistleblowers are generally employees or contractors of federal intelligence agencies who bring to light information on agency wrongdoings.
Date: October 18, 2018
Creator: DeVine, Michael E.
Partner: UNT Libraries Government Documents Department
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Intelligence Community Programs, Management, and Enduring Issues

Description: This report explains the management structure for the National Intelligence Program (NIP), and Military Intelligence Program (MIP), to include their two separate budget processes and the roles of the Director of National Intelligence and the Under Secretary of Defense (Intelligence). The concluding section of this report considers the ability of the U.S. government to make the best use of its intelligence-related resources when: (1) total intelligence spending is impossible to calculate; (2) it… more
Date: November 8, 2016
Creator: Daugherty Miles, Anne
Partner: UNT Libraries Government Documents Department
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