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Protecting Classified Information and the Rights of Criminal Defendants: The Classified Information Procedures Act

Description: A criminal prosecution involving classified information may cause tension between the government's interest in protecting classified information and the criminal defendant's right to a constitutionally valid trial. In some cases, a defendant may threaten to disclose classified information in an effort to gain leverage. Concerns about this practice, referred to as "graymail," led the 96th Congress to enact the Classified Information Procedures Act to provide uniform procedures for prosecutions involving classified information.
Date: April 2, 2012
Creator: Liu, Edward C. & Garvey, Todd

Overview of Constitutional Challenges to NSA Collection Activities

Description: This report focuses on two main National Security Agency (NSA) collection activities approved by the Foreign Intelligence Surveillance Court (FISC) established under the Foreign Intelligence Surveillance Act (FISA) of 1978. The first is the bulk collection of telephony metadata for domestic and international telephone calls. The second involves the interception of Internet-based communications.
Date: May 21, 2015
Creator: Liu, Edward C. & Nolan, Andrew

Department of Health and Human Services Halts Cost-Sharing Reduction (CSR) Payments

Description: This report discusses the the case "House of Representatives v. Hargan" which was a case by the Department of Health and Human Services (HHS) appealing the House's decision to end cost-sharing reduction (CSR) payments. Questions regarding the status of the case and possible legal and legislative methods of restoring CSR payments are addressed.
Date: October 26, 2017
Creator: Liu, Edward C. & Staman, Jennifer A.

Submission of Mental Health Records to NICS and the HIPAA Privacy Rule

Description: This report provides an overview of prohibiting mental health records under current federal law, and distinguishes those records from other types of mental health information that would not disqualify an individual from purchasing a firearm. This report also provides an overview of National Instant Criminal Background Check System (NICS) and discusses potential issues arising from state and federal medical privacy laws that may impede states' efforts to submit prohibiting mental health records to NICS.
Date: February 20, 2014
Creator: Liu, Edward C.; Bagalman, Erin; Chu, Vivian S. & Redhead, C. Stephen

Overview of Constitutional Challenges to NSA Collection Activities and Recent Developments

Description: This report focuses on two main National Security Agency (NSA) collection activities approved by the Foreign Intelligence Surveillance Court (FISC) established under the Foreign Intelligence Surveillance Act (FISA) of 1978. The first is the bulk collection of telephony metadata for domestic and international telephone calls. The second involves the interception of Internet-based communications and is targeted at foreigners who are not within the United States, but may also inadvertently acquire the communications of U.S. persons.
Date: April 1, 2014
Creator: Liu, Edward C.; Nolan, Andrew & Thompson, Richard M., II

Cybersecurity: Selected Legal Issues

Description: This report discusses selected legal issues that frequently arise in the context of legislation to address vulnerabilities of private 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 provides an overview of the ways in which federal laws of these types may preempt or affect the applicability of state law.
Date: April 20, 2012
Creator: Liu, Edward C.; Stevens, Gina; Ruane, Kathleen Ann; Dolan, Alissa M. & Thompson, Richard M., II

Cybersecurity: Selected Legal Issues

Description: This report discusses selected legal issues that frequently arise in the context of legislation to address vulnerabilities of private 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 provides an overview of the ways in which federal laws of these types may preempt or affect the applicability of state law.
Date: April 17, 2013
Creator: Liu, Edward C.; Stevens, Gina; Ruane, Kathleen Ann; Dolan, Alissa M.; Thompson, Richard M., II & Nolan, Andrew

Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire February 28, 2011

Description: This report discusses the Foreign Intelligence Surveillance Act (FISA) which 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. Authorization for such activities is typically obtained via a court order from the Foreign Intelligence Surveillance Court (FISC), a specialized court created to act as a neutral judicial decision maker in the context of FISA.
Date: February 10, 2011
Creator: Liu, Edward, C.

Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire May 27, 2011

Description: This report discusses the Foreign Intelligence Surveillance Act (FISA) which 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. Authorization for such activities is typically obtained via a court order from the Foreign Intelligence Surveillance Court (FISC), a specialized court created to act as a neutral judicial decision maker in the context of FISA.
Date: March 1, 2011
Creator: Liu, Edward, C.

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

Building the Capacity of Partner States Through Security Force Assistance

Description: This report provides the following elements: An overview of the SFA rationale focused primarily on Department of Defense support for and relations with foreign security forces. Description of the possible employment of U.S. conventional forces and platforms in support of the SFA mission. Exploration of current operations in Afghanistan and Iraq. Resident training capability in U.S. forces as a tool for geographic combatant commanders. Issues Congress may consider. The report summarizes congressional reaction to SFA proposals and provides a detailed account of the issues raised by SFA concepts and programs.
Date: May 5, 2011
Creator: Livingston, Thomas K.

Cost Overruns in Major Weapon Systems: Current Dimensions of a Longstanding Problem

Description: This paper reviews the initiatives of the Reagan Administration to control cost overruns during the last 2 and a half years and the actions taken by the Congress to strengthen its oversight role. Particular attention is directed at the critical need to enhance management incentive and accountability at all level of the acquisition process. If recently instituted reform in the Department of Defense fail to control cost overruns, pressure may grow for a more sweeping and radical approach. Serious consideration in such an event might even be given to removing responsibility for weapons acquisition management for the military service and assigning it to a civilian-operated supply agency.
Date: October 15, 1983
Creator: Lockwood, David E.