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Flood Insurance Requirements for Stafford Act Assistance

Description: The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) imposes flood insurance requirements upon eligibility for disaster assistance in two general cases: (1) if the entity seeking disaster assistance has received disaster assistance in the past, or (2) if the entity seeking disaster assistance is a state or local government or private nonprofit located in a federally designated special flood hazard area (SFHA) as determined under the National Flood Insurance Act of 1968. The requirements imposed by the Stafford Act operate independently of each other, and a potential applicant for disaster assistance may fall into both categories. This report will discuss the specific requirements imposed in each situation after briefly discussing the history of flood insurance and the relevant types of disaster assistance.
Date: September 5, 2008
Creator: Liu, Edward C.

Memorandum: Summary of the Substantive Provisions of S. 2010, the FISA Amendments Reauthorization Act of 2017 and H.R. 3989, The USA Liberty Act of 2017

Description: This report summarizes the substantive provisions of S. 2010, the FISA Amendments Reauthorization Act of 2017, as reported by the Senate Select Committee on Intelligence on October 25, 2017, and H.R. 3989, the USA Liberty Act of 2017, as ordered to be reported by the House Judiciary Committee on November 8, 2017. Both bills primarily amend and reauthorize Title VII of the Foreign Intelligence Surveillance Act of 1978 (FISA).
Date: November 16, 2017
Creator: Liu, Edward C.

The State Secrets Privilege and Other Limits on Litigation Involving Classified Information

Description: This report provides an overview of the protections afforded to government organizations and officials by the state secrets privilege. The state secrets privilege, derived from common law, is an evidentiary privilege that allows the government to resist court-ordered disclosure of information during litigation if there is a reasonable danger that such disclosure would harm the national security of the United States.
Date: May 28, 2009
Creator: Liu, Edward C.

Supreme Court Nominee Elena Kagan: Defamation and the First Amendment

Description: This report discusses prior writings by Supreme Court nominee Elena Kagan on the interaction of defamation law and the First Amendment of the Constitution. It is based on two articles on defamation law written by Kagan during her academic career at the University of Chicago Law School and the Harvard Law School. The most recent of these articles is from 2000, and Kagan has not revisited this topic in any published writings since then. Thus, these two articles appear to represent her most extensive examination of the interaction between the First Amendment and defamation law.
Date: June 10, 2010
Creator: Liu, Edward C.

Surveillance of Foreigners Outside the United States Under Section 702 of the Foreign Intelligence Surveillance Act (FISA)

Description: This report discusses the Foreign Intelligence Surveillance Act (FISA) Amendments Act of 2008 (P.L. 110-261), which created separate procedures for targeting non-U.S. persons and U.S. persons reasonably believed to be outside the United States under a new Title VII of FISA.
Date: April 13, 2016
Creator: Liu, Edward C.

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.