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USA PATRIOT Act Sunset: Provisions That Were to Expire on December 31, 2005
This report examines various provisions of the Patriot Act that were set to expire on December 31, 2005. Their expiration date has been postponed until March 10, 2006. The expiring sections deal with the power of federal authorities to conduct searches and seizures, generally searches and seizures relating to communications.
Intelligence Issues for Congress
This report discusses legislative initiatives to address the challenges facing the U.S. Intelligence Community in the 21st century.
Terrorist Financing: The 9/11 Commission Recommendation
This report discusses the 9/11 Commission's recommendation that the U.S. government shift the focus of its efforts to counter terrorist financing from a strategy based on seizing terrorist assets to a strategy based on exploiting intelligence gathered from financial investigations.
USA PATRIOT Act Sunset: A Sketch
This report discusses the sunset of a handful of communications-related sections of the USA PATRIOT Act and the Intelligence Reform and Terrorism Prevention Act on March 10, 2006. The authority of the expiring sections remains in effect only as it relates to foreign intelligence investigations begun before sunset or to offenses or potential offenses begun or occurring before that date. Thereafter, the law reverts to its previous form unless it has been amended in the interim or subsequently renewed.
Proposed Change to the Foreign Intelligence Surveillance Act (FISA) under S. 113
This report discusses S. 113, a bill to extend the coverage of the Foreign Intelligence Surveillance Act ("FISA") to non-U.S. persons who engage in international terrorism or activities in preparation for terrorist acts, without a showing of membership in or affiliation with an international terrorist group.
Secrecy Versus Openness: New Proposed Arrangements for Balancing Competing Needs
During the latter half of 2004, disputes arose over whether or not to declassify portions of the sensitive content of reports resulting from congressional investigations and national commission inquiries into the terrorist attacks of September 11, 2001, the war in Iraq, and related matters. As a result, some called for Congress to create a special mechanism for the impartial and expeditious resolution of such disputes (S. 2672/H.R. 4855; S. 2845 amendment). This report discusses the culmination of one such effort at balancing legitimate competing needs for secrecy and openness.
Intelligence Issues for Congress
This report discusses legislative initiatives to address the challenges facing the U.S. Intelligence Community in the 21st century. Growing concerns about transnational threats, especially terrorism, are leading to increasingly close cooperation between intelligence and law enforcement agencies.
Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction: Establishment and Composition
This report analyzes the establishment and organizational requirements set forth in the presidential mandate, and its relationship to the Federal Advisory Committee Act (FAFCA). On March 31, 2005, the commission submitted its final report to the President, which contained 74 recommendations for reforming the U.S. intelligence community.
Intelligence Issues for Congress
This report includes information regarding intelligence issues for Congress. Recent developments, background and analysis, and selected 106th Congress legislation are among topics discussed in this report.
Climate Change: Summary and Analysis of the Climate Stewardship Act (S. 342 and H.R. 759)
This report is on Climate Change: Summary and Analysis of the Climate Stewardship Act (S. 342 and H.R. 759).
Airborne Intelligence, Surveillance & Reconnaissance (ISR): The U-2 Aircraft and Global Hawk UAV Programs
Among airborne intelligence, surveillance, and reconaissance (ISR) platforms, the U-2 Dragon Lady and the RQ-4A Global Hawk are especially valuable. This report discusses how best to use existing and planned manned and unmanned ISR aircraft to most effectively satisfy the Department of Defense's (Dod) requirements for timely and accurate information on enemy forces.
Intelligence Issues for Congress
This report includes information regarding intelligence issues for Congress. The intelligence community, ongoing congressional concerns, and issues in the 109th Congress are among topics discussed in this report.
Digital Surveillance: The Communications Assistance for Law Enforcement Act
This report provides a brief overview of the communications assistance for Law Enforcement Act.
The Foreign Intelligence Surveillance Act: An Overview of Selected Issues
This report briefly outlines some of the perspectives reflected in the ongoing debate related to the Foreign Intelligence Surveillance Act (FISA) focusing on three issues: tension between national security and civil liberties, collection of foreign intelligence information from foreign persons, and limitations on liability for telecommunications providers furnishing aid to the government.
The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and U.S. Foreign Intelligence Surveillance Court and U.S. Foreign Intelligence Surveillance Court of Review Decisions
This report discusses the Foreign Intelligence Surveillance Act (FISA), the USA PATRIOT Act of 2001, and other related amendments that were included in the Intelligence Authorization Act for Fiscal Year 2002.
Covert Action: Legislative Background and Possible Policy Questions
This report examines the statutory procedures governing covert action and associated questions to consider. Published reports have suggested that the Pentagon has expanded its counter-terrorism intelligence activities, and some observers have asserted that the Department of Defense (DOD) may have been conducting certain kinds of counterterrorism intelligence activities that would statutorily qualify as "covert actions," and thus require a presidential finding and the notification of the congressional intelligence committees.
Government Access to Phone Calling Activity and Related Records: Legal Authorities
This report summarizes legal authorities regarding access by the government, for either foreign intelligence or law enforcement purposes, to information related to telephone calling patterns or practices. Where pertinent, it also discusses statutory prohibitions against accessing or disclosing such information, along with relevant exceptions to those prohibitions.
The Foreign Intelligence Surveillance Act: Comparison of the Senate Amendment to H.R. 3773 and the House Amendment to the Senate Amendment to H.R. 3773
This report provides an overview and review of legislative activity related to the Foreign Intelligence Surveillance Act (FISA). It also includes a detailed side-by-side comparison of the proposals to address FISA concerns: Senate Amendment to H.R. 3773 and the House Amendment to the Senate Amendment to H.R. 3773.
The National Intelligence Council: Issues and Options for Congress
This report to describe the statutory provisions that authorize the National Intelligence Council (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.
The Department of Homeland Security Intelligence Enterprise: Operational Overview and Oversight Challenges for Congress
This report provides an overview of Department of Homeland Security Intelligence (DHSI) both at headquarters and within the components. It examines how DHSI is organized and supports key departmental activities to include homeland security analysis and threat warning; border security; critical infrastructure protection; and support to, and the sharing of information with, state, local, tribal, and private sector partners. It also discusses several oversight challenges and options that Congress may consider on certain issues.
Intelligence Issues for Congress
This report explores the various issues currently facing Congress in regards to intelligence and counterterrorism activities, including the Intelligence Reform and Terrorism Prevention Act (P.L. 108-458), signed in December 2004; the position of Director of National Intelligence (DNI), which that act created; the importance of collaborative efforts between various intelligence agencies to successfully carry out counterterrorism measures; and other pieces of legislation relevant to such matters.
Sensitive Covert Action Notifications: Oversight Options for Congress
This report describes the statutory provision authorizing Gang of Eight notifications, reviews the legislative history of the provision, and examines the impact of such notifications on congressional oversight.
Sensitive Covert Action Notifications: Oversight Options for Congress
This report describes the statutory provision authorizing Gang of Eight notifications, reviews the legislative history of the provision, and examines the impact of such notifications on congressional oversight.
"Gang of Four" Congressional Intelligence Notifications
This report reviews the history of Gang of Four notification process and compares this procedure with that of the "Gang of Eight" notification procedure.
National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments
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.
The National Intelligence Council: Issues and Options for Congress
The purpose of this report to describe the statutory provisions that authorize the National Intelligence Council (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.
Intelligence Issues for Congress
This report discusses the efforts currently underway to improve coordination and encourage better analysis amongst the various agencies within the U.S. Intelligence Community, especially with regard to the ongoing and prominent issue of international terrorism. In particular, this report addresses the false intelligence regarding Iraqi weapons of mass destruction and the current efforts in Iraq and Iran in general.
Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization
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.
Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization
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.
Intelligence Authorization Legislation: Status and Challenges
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.
Intelligence Authorization Legislation: Status and Challenges
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.
The U.S. Secret Service: An Examination and Analysis of Its Evolving Missions
This report frames potential policy questions concerning the U.S. Secret Service's (USSS's) mission and organization through an examination of the USSS history and its statutory authorities, mission, and present activities within the Department of Homeland Security (DHS).
The U.S. Secret Service: An Examination and Analysis of Its Evolving Missions
This report frames potential policy questions concerning the U.S. Secret Service's (USSS's) mission and organization through an examination of the USSS history and its statutory authorities, mission, and present activities within the Department of Homeland Security (DHS).
The U.S. Secret Service: An Examination and Analysis of Its Evolving Missions
This report frames potential policy questions concerning the U.S. Secret Service's (USSS's) mission and organization through an examination of the USSS history and its statutory authorities, mission, and present activities within the Department of Homeland Security (DHS).
The U.S. Secret Service: An Examination and Analysis of Its Evolving Missions
This report frames potential policy questions concerning the U.S. Secret Service's (USSS's) mission and organization through an examination of the USSS history and its statutory authorities, mission, and present activities within the Department of Homeland Security (DHS).
The U.S. Secret Service: An Examination and Analysis of Its Evolving Missions
This report frames potential policy questions concerning the U.S. Secret Service's (USSS's) mission and organization through an examination of the USSS history and its statutory authorities, mission, and present activities within the Department of Homeland Security (DHS).
The Foreign Intelligence Surveillance Act: A Sketch of Selected Issues
This report briefly outlines three issues relating to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions, in particular, are implicated in this debate — the Fourth and First Amendments. This report briefly examines these issues and sets them in context.
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire February 28, 2010
The Foreign Intelligence Surveillance Act (FISA) provides a statutory framework by which government agencies may, when gathering foreign intelligence investigation, obtain authorization to conduct electronic surveillance or physical searches, utilize pen registers and trap and trace devices, or access specified business records and other tangible things. This report discusses three sunsetting amendments of FISA which include the "Lone Wolf" provision, "roving" wiretaps, and access to business records.
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire February 28, 2010
The Foreign Intelligence Surveillance Act (FISA) provides a statutory framework by which government agencies may, when gathering foreign intelligence investigation, obtain authorization to conduct electronic surveillance or physical searches, utilize pen registers and trap and trace devices, or access specified business records and other tangible things. This report discusses three sunsetting amendments of FISA which include the "Lone Wolf" provision, "roving" wiretaps, and access to business records.
Intelligence Issues for Congress
This report explores the various issues currently facing Congress in regards to intelligence and counterterrorism activities, including the Intelligence Reform and Terrorism Prevention Act (P.L. 108-458), signed in December 2004; the position of Director of National Intelligence (DNI), which that act created; the importance of collaborative efforts between various intelligence agencies to successfully carry out counterterrorism measures; and other pieces of legislation relevant to such matters.
The U.S. Secret Service: An Examination and Analysis of Its Evolving Missions
This report frames potential policy questions concerning the U.S. Secret Service's (USSS) mission and organization through an examination of the USSS history and its statutory authorities, mission, and present activities within the Department of Homeland Security (DHS).
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire February 28, 2010
The Foreign Intelligence Surveillance Act (FISA) provides a statutory framework by which government agencies may, when gathering foreign intelligence investigation, obtain authorization to conduct electronic surveillance or physical searches, utilize pen registers and trap and trace devices, or access specified business records and other tangible things. This report discusses three sunsetting amendments of FISA which include the "Lone Wolf" provision, "roving" wiretaps, and access to business records.
Homeland Security Intelligence: Perceptions, Statutory Definitions, and Approaches
This report provides a potential conceptual model of how to frame homeland security intelligence (HSINT), including geographic, structural/statutory, and holistic approaches. Given that state, local, tribal, and private sector officials play such an important role in HSINT, the holistic model, one not constrained by geography or levels of government, strikes many as the most compelling. The report argues that there is, in effect, a Homeland Security Intelligence Community (HSIC). Although the HSIC's members are diffused across the nation, they share a common counterterrorism interest. The proliferation of intelligence and information fusion centers across the country indicate that state and local leaders believe there is value to centralizing intelligence gathering and analysis in a manner that assists them in preventing and responding to local manifestations of terrorist threats to their people, infrastructure, and other assets. At the policy and operational levels, the communication and integration of federal HSINT efforts with these state and local fusion centers will likely remain an important priority and future challenge.
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire February 28, 2010
The Foreign Intelligence Surveillance Act (FISA) provides a statutory framework by which government agencies may, when gathering foreign intelligence investigation, obtain authorization to conduct electronic surveillance or physical searches, utilize pen registers and trap and trace devices, or access specified business records and other tangible things. This report discusses three sunsetting amendments of FISA which include the "Lone Wolf" provision, "roving" wiretaps, and access to business records.
Congressional Oversight of Intelligence: Current Structure and Alternatives
This report first describes the current select committees on intelligence and then the former Joint Committee on Atomic Energy, often cited as a model for a counterpart on intelligence. The study also sets forth proposed characteristics for a joint committee on intelligence, differences among these, and their pros and cons. The report, to be updated as events dictate, examines other actions and alternatives affecting congressional oversight in the field.
Satellite Surveillance: Domestic Issues
This report provides background on the development of intelligence satellites and identifies the roles various agencies play in their management and use. Issues surrounding the current policy and proposed changes are discussed, including the findings of an Independent Study Group (ISG) with respect to the increased sharing of satellite intelligence data. There follows a discussion of legal considerations, including whether satellite reconnaissance might constitute a "search" within the meaning of the Fourth Amendment; an overview of statutory authorities, as well as restrictions that might apply; and a brief description of executive branch authorities and Department of Defense directives that might apply. The report concludes by suggesting policy issues Congress may consider as it deliberates the potential advantages and pitfalls that may be encountered in expanding the role of satellite intelligence for homeland security purposes.
Congress as a Consumer of Intelligence Information
This report examines the role of Congress as a consumer of national intelligence and examines several issues that Congress might address in the 111th Congress.
"Gang of Four" Congressional Intelligence Notifications
This report reviews the history of Gang of Four notification process and compares this procedure with that of the "Gang of Eight" notification procedure.
Congressional Oversight of Intelligence: Current Structure and Alternatives
This report first describes the current select committees on intelligence and then the former Joint Committee on Atomic Energy, often cited as a model for a counterpart on intelligence. The study also sets forth proposed characteristics for a joint committee on intelligence, differences among these, and their pros and cons. The report examines other actions and alternatives affecting congressional oversight in the field.
Covert Action: Legislative Background and Possible Policy Questions
This report examines the statutory procedures governing covert action and associated questions to consider.
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