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Public Law 109-160: To Amend the USA PATRIOT ACT to Extend the Sunset of Certain Provisions of that Act and the Lone Wolf Provision of the Intelligence Reform and Terrorism Prevention Act of 2004

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"An Act to amend the USA PATRIOT ACT to extend the sunset of certain provisions of that Act and the lone wolf provision of the Intelligence Reform and Terrorism Prevention Act of 2004 to July 1, 2006."

United States. Government Printing Office

2005-12-30
Crowdsourcing Intelligence to Combat Terrorism: Harnessing Bottom-up Collection to Prevent Lone-Wolf Terror Attacks

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From the thesis abstract: "U.S. officials have acknowledged that attackers of the lone-wolf and isolated-cell organizational type are on the rise and now pose a greater threat than major coordinated actions. Traditional intelligence methods, using a top-down approach with an emphasis on signals intelligence, are ill-equipped to identify and prevent terrorists using lone-wolf tactics. Crowdsourcing, as a problem-solving technique, is a relatively new idea but has shown great promise in tackling issues similar to the identification of lone-wolf terrorists. At its core, crowdsourcing is a method for thousands or even millions of people to contribute their knowledge, expertise, or skills towards a unified task. Done correctly, it has produced results unachievable by traditional tasking of humans or computers. This thesis identifies how the signals surrounding lone-wolf attacks are different and more subtle in nature from those mounted by organized terror groups. In turn, the thesis examines the potential benefits of crowdsourcing intelligence in order to strengthen the U.S. intelligence community's ability to approach this emerging problem of lone-wolf terrorism. In short, this thesis proposes that the U.S. intelligence community harness the power of U.S. citizens to help prevent identify the subtle indictors presented by lone-wolf terrorists in order to prevent lone-wolf terrorist attacks."

Naval Postgraduate School (U.S.)

Coultas, Bryan T.

2015-03
Serial No. 115-37: Low Cost, High Impact: Combating the Financing of Lone-wolf and Small-scale Terrorist Attacks, Hearing Before the Subcommittee on Terrorism and Illicit Finance of the Committee on Financial Services, House of Representatives, One Hundred Fifteenth Congress, First Session, September 6, 2017

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This document is the September 6, 2017 hearing titled "Low Cost, High Impact: Combating the Financing of Lone-wolf and Small-scale Terrorist Attacks" before the House Subcommittee on Terrorism and Illicit Finance of the Committee on Financial Services. From the opening statement of Stevan Pearce: "Today's hearing will examine issues concerning small-scale acts of terrorism and the mechanism used to fund this type of terrorism. Although overall numbers remain low, one study has found that since the 1970s, lone-wolf attacks have grown almost 50 percent in the United States, and by over 400 percent in other Western countries. Law enforcement as well has previously expressed concern that there is a greater likelihood of lone-wolf terrorism than large-scale attacks in the United States. One of the likely reasons is the relatively low cost for funding such an attack. [...] As we will hear today, whether an act of terrorism is directly funded by a known terrorist group or carried out by a sympathizer, the relatively low financial cost presents a hurdle to tracking the movement of funding through the financial system. Whether it be through petty crime, working a temporary job, misappropriating government benefits, or engaging in scam transactions, terrorist organizations are utilizing new means to finance their operations, and are increasingly turning to newer financial technologies as well as less traditional transfer methods to move their funds." Statements, letters, and materials submitted for the record include those of the following: Seamus Hughes, Matthew Levitt, Joseph V. Moreno, and Frederick Reynolds.

United States. Government Publishing Office

2018
Lone Wolf Terrorism in America [video]

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From the video's description page: "[This is an] interview with Mark Hamm, Ph.D., Indiana State University[.] Dr. Hamm is studying lone wolf terrorism in the United States and how such terrorists become radicalized. In this interview, Hamm explains the difference between mass violence and terrorism and discusses the ways in which many lone wolf terrorists use public forums to broadcast their intent to commit terrorist acts."

National Institute of Justice (U.S.)

Hamm, Mark S.

2013-02-08?
Lone Wolf Terrorism in America [transcript]

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From the transcript's description page: "[This is an] interview with Mark Hamm, Ph.D., Indiana State University[.] Dr. Hamm is studying lone wolf terrorism in the United States and how such terrorists become radicalized. In this interview, Hamm explains the difference between mass violence and terrorism and discusses the ways in which many lone wolf terrorists use public forums to broadcast their intent to commit terrorist acts."

National Institute of Justice (U.S.)

Hamm, Mark S.

2013-02-08?
Intelligence Reform and Terrorism Prevention Act of 2004: 'Lone Wolf' Amendment to the Foreign Intelligence Surveillance Act

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"Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458, amended the definition of 'agent of a foreign power' in the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. § 1801(b)(1), to add a new category of covered individuals. Under the new 'lone wolf' provision, a non-United States person who engages in international terrorism or activities in preparation for international terrorism is deemed to be an 'agent of a foreign power' under FISA. The new provision does not change the procedures to be used to apply for a court order authorizing electronic surveillance or a physical search under FISA. If an order is sought under this definition of an 'agent of a foreign power,' however, the applicant is not required to demonstrate a connection between the target of the electronic surveillance or the physical search and a foreign nation, foreign group, or international terrorist group. Nor does the Foreign Intelligence Surveillance Court (FISC), in approving such an order, have to find probable cause to believe that such a connection existed. Rather, if the court authorizes such a surveillance or physical search using this new definition of 'agent of a foreign power,' the FISC judge has to find, in pertinent part, that, based upon the information provided by the applicant for the order, the target had engaged in or was engaging in international terrorism or activities in preparation therefor."

Library of Congress. Congressional Research Service

Bazan, Elizabeth B.

2004-12-29
Intelligence Reform and Terrorism Prevention Act of 2004: 'Lone Wolf' Amendment to the Foreign Intelligence Surveillance Act [Updated December 19, 2006]

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"Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458, amended the definition of 'agent of a foreign power' in the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. § 1801(b)(1), to add a new category of covered individuals. Under this 'lone wolf' provision, a non-United States person who engages in international terrorism or activities in preparation for international terrorism is deemed to be an 'agent of a foreign power' under FISA. This provision does not change the procedures to be used to apply for a court order authorizing electronic surveillance or a physical search under FISA. If an order is sought under this definition of an 'agent of a foreign power,' however, the applicant is not required to demonstrate a connection between the target of the electronic surveillance or the physical search and a foreign nation, foreign group, or international terrorist group. Nor does the Foreign Intelligence Surveillance Court (FISC), in approving such an order, have to find probable cause to believe that such a connection existed. Rather, if the court authorizes such a surveillance or physical search using this definition of 'agent of a foreign power,' the FISC judge has to find, in pertinent part, which, based upon the information provided by the applicant for the order, the target had engaged in or was engaging in international terrorism or activities in preparation therefore. By operation of the sunset provision in Section 103 of the USA PATRIOT Improvement and Reauthorization Act, P.L. 109-177, the amendment to the definition of 'agent of a foreign power' in FISA will cease to have effect on December 31, 2009."

Library of Congress. Congressional Research Service

Bazan, Elizabeth B.; Yeh, Brian T.

2006-12-19
Lone Wolf Terrorism - A Brief Bibliography [Updated August 2019]

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This bibliography, compiled by Greta E. Marlatt at the Naval Postgraduate School, contains a list of resources related to lone wolf terrorism. Resources include both books and periodicals. The list is organized alphabetically and links to resources are provided when available electronically. This bibliography was created in September 2013, and was last updated August 2019.

Naval Postgraduate School (U.S.). Dudley Knox Library

Marlatt, Greta E.

2019-08
Nation That Cried Lone Wolf: A Data-Driven Analysis of Individual Terrorists in the United States Since 9/11

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From the thesis abstract: "Lone-wolf terrorist attacks have occurred in the United States throughout the country's history. Attempted attacks from individual terrorists unaffiliated with terrorist groups may be becoming more prevalent. Both the general public and government officials acknowledge the presence and importance of these attacks; however, relatively little literature exists on the subject compared to group terrorism. Much of the information on lone wolves has been established by case study, inference, and known characteristics of group terrorism. The purpose of this study is to analyze the characteristics of lone-wolf terrorism through formal statistical models. The study then synthesizes data with case study and existing literature to formulate a base of knowledge for lone-wolf terrorism. This study demonstrates that no single dispositional profile of a lone-wolf terrorist exists. The individuals who engage in the tactic of lone-wolf terrorism form a unique ideology that combines personal grievances with common terrorist goals. Still, many lone-wolf cases exhibit certain characteristics. This thesis analyzes these characteristics and their relationship with successful attacks. These data on characteristics, goals, and motivations of lone wolves purport policies to increase engagement between the community and curb lone-wolf terrorism and its effects."

Naval Postgraduate School (U.S.). Center for Homeland Defense and Security; Naval Postgraduate School (U.S.)

Eby, Charles A.

2012-03
Finding the Wolves in Sheep's Clothing: Ways to Distinguish and Deter Lone-Wolf Terrorists

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From the thesis abstract: "Despite the rise in the number of attacks by lone-wolf terrorists, the lone-wolf threat has largely been neglected by academic researchers and counterterrorism practitioners. The nature of the lone-wolf terrorist has introduced new challenges to law enforcement and counterterrorism unlike the more discussed problems of international group terrorism. This thesis suggests, however, that policies created to help deter group terrorism could be useful in detecting and deterring lone-wolf terrorists. The existing policy framework for group terrorism deterrence may have great utility in the fight against lone wolves, but policy use and effectiveness requires a careful examination of the characteristics unique to lone-wolf terrorism to ensure that the deterrence policies match. This thesis uses the comparative method and examines three case studies of lone-wolf terrorism from the United States and Europe: the Fort Hood shooter of 2009 (Major Nidal Hasan), the Boston Marathon bombers, and Anders Behring Breivik of Norway. By examining the unique circumstances of each case, this thesis determines what policies were and were not effective and in need of adaption to deter the threat of lone-wolf terrorism."

Naval Postgraduate School (U.S.)

Lee, Walter A.

2015-03
Lone Wolf Threat: A Different Approach

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From the thesis abstract: "Domestic and international terrorism has arrived on the home front of the U.S. However, there is an emergent aspect to the terrorism threat that is rearing its head, the Lone Wolf. In developing a methodology and analytical model to combat this asymmetric and almost undetectable terrorist, four case studies are examined of lone wolf terrorism. From these case studies, and using the maturation of radical intent methodology presented, an analytical model with trigger points are revealed where the lone wolf can become visible and a Golden Moment is identified in which intelligence communities and law enforcement agencies can employ asymmetric strategic approaches to aid in interdicting the lone wolf terrorist."

Joint Forces Staff College (U.S.). Joint Advanced Warfighting School

Holder, James M.

2016-03-24
MES Insights, Volume 8, Issue 4

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This edition of the MES Insights published by the Middle East Studies (MES) program of the Marine Corps University contains the following article: "From Wolf Pack to Lone Wolf: The Retreating Islamic State's Radicalized Strategy to Exist Beyond Territoriality" by Joseph Tyler Gruber. From the Introduction: "Analysis of the self-identified Islamic State's (IS) prolific and complex propaganda machine combined with increasing incidents of homegrown terrorism paint the group as a pervasive national security threat with a global reach. At the same time, reports from the front lines of its self-proclaimed 'caliphate' in Iraq and Syria boast sequential defeats and massive territorial losses for IS. These conflicting depictions of IS's capacity are reflective of the jihadist group's broad strategy to reshape its identity. By promoting and producing so-called 'lone wolf' terrorist attacks internationally, IS is seeking a new source of legitimacy which can survive the military and territorial losses of the caliphate."

Marine Corps University (U.S.). Middle East Studies

2017-08
Viewpoints: CHDS Student Thesis Series: The Nation that Cried Lone Wolf: A Data-Driven Analysis of Individual Terrorists in the United States since 9/11 [video]

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From the video's abstract: "The purpose of this award-winning thesis was to analyze the characteristics of lone-wolf terrorism through formal statistical models. The study then synthesized data with case study and existing literature to formulate a base of knowledge for lone-wolf terrorism."

Naval Postgraduate School (U.S.). Center for Homeland Defense and Security

Eby, Charles A.

2012-09-06
USA PATRIOT Act Reauthorization Proposals and Related Matters in Brief [Updated August 1,2005]

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"Both Houses have passed proposals to reauthorize USA PATRIOT Act sections scheduled to expire at the end of the year. The House passed H.R. 3199, the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 on July 15, 2005, 151 Cong. Rec. H6307. The Senate passed the Judiciary Committee reported S. 1389, the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, without amendment. S. 1389 makes permanent all of the expiring USA PATRIOT Act provisions except for sections 206 (roving FISA wiretaps) and 215 (FISA tangible item orders) whose expiration along with that of the lone wolf amendment it postpones until December 31, 2009. H.R. 3199 takes much the same approach but postpones expiration of sections 206 and 215 until December 31, 2015, makes the lone wolf amendment and the 'material support' amendments permanent. Each of the bills amends section 215, the so-called FISA library or business record section, as well as some of the sections they make permanent. Each addresses concerns relating to the use of national security letters. H.R. 3199 alone deals with a wide array of proposals ranging from first responder grants through port security and terrorist penalty enhancements to confiscation expansions."

Library of Congress. Congressional Research Service

Doyle, Charles

2005-08-01
Serial No. 112-44: United States Secret Service: Examining Protective and Investigative Missions and Challenges in 2012, Hearing Before the Subcommittee on Counterterrorism and Intelligence of the Committee on Homeland Security, House of Representatives, One Hundred Twelfth Congress, First Session, September 14, 2011

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From the opening statement of Patrick Meehan: "Today's hearing is an examination of the duties, responsibilities, and performance of the United States Secret Service, and we will hear the challenges that we will face in the coming year, particularly the protection challenges in the upcoming 2012 Presidential election cycle, in light of all of the issues that we see on a global scale. The hearing follows our past examination of the Department of Homeland Security's intelligence enterprises. It will help us continue in our efforts to ensure effective Congressional oversight of counterterrorism and intelligence-related functions of the Department of Homeland Security. The Secret Service is a highly-regarded institution best known for protecting the President of the United States. However, what is often overlooked is that its work goes far beyond protecting the President. In addition to its protective mission, the Secret Service ensures the integrity of the United States currency, which is vital in a functioning country in the world economy. Accordingly, the mission includes everything from running beside the President's caravan to running counterfeit money stings in Colombia and penetrating the networks of Russian hackers. It is a global and multifaceted law enforcement organization. Yesterday a number of directors, Petraeus, Muller, Clapper, Olson, Napolitano, all testified before Congress about the evolving terrorist threat posed by lone wolf terrorists and radicalized extremists. I think this is an issue that we have to be anticipating in 2012. I would like to point out that the Secret Service also deals with terrorist threats against the President and protectees regularly and have long experience and have expertise with the concept of lone wolves, the two of them enormous challenges that relate to this terrorist threat." Statements, letters, and materials submitted for the record include those of the following: Patrick Meehan, Jackie Speier, and Mark Sullivan.

United States. Government Printing Office

2012
Fire as a Weapon: High-Rise Structures

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From the thesis abstract: "This thesis identifies an emerging problem space, high-rise pyro-terrorism. Although modern urban environments are vulnerable to sophisticated arson, and terrorists and lone-wolf attackers have exploited that vulnerability, neither practitioners nor the academic community have addressed the unique threat posed by arson. This thesis fills that gap by showing, first, that a good reason exists to believe that terrorists will use arson against high-profile urban targets in the future; second, that existing regulatory strategies may be sufficient to guard against accidental fires and opportunistic arson, but have weaknesses that sophisticated attackers can identify and exploit; and third, that the approach to urban firefighting must be modified to protect first responders, improve life safety in cases of pyro-terrorism, and facilitate effective collaboration with counter-terrorism forces. This thesis is valuable for an academic audience because it identifies the most pressing gaps in the literature on pyro-terrorism and explains their significance. It is also valuable to practitioners because it highlights vulnerabilities that can be addressed immediately, in a proactive rather than a reactive way."

Naval Postgraduate School (U.S.); Naval Postgraduate School (U.S.). Center for Homeland Defense and Security

Sheppard, Adrian Bernard

2017-12
MEMRI: Jihad & Terrorism Threat Monitor [website]

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From the "about" section of the website: "The MEMRI [Middle East Media Research Institute] Jihad and Terrorism Threat Monitor (JTTM) scrutinizes Islamist terrorism and violent extremism worldwide, with special focus on activity within and emanating from the Arab world, Pakistan, Afghanistan, and Iran. Following Al-Qaeda's and other global jihad organizations' shift in recent years to encouraging lone-wolf attacks by individuals acting on their own, the JTTM also focuses on jihadis and jihadi activity in the West. The JTTM monitors imminent and potential threats posed by various terrorist and violent extremist organizations - such as Al-Qaeda and its affiliates and emerging jihadi groups - and individuals. These threats - whether strategic, tactical, military, conventional, or non-conventional - may be against national security and public safety in the U.S. and the West, or against these countries' crucial interests and assets worldwide. It also examines and analyzes the ideological motivations behind these threats, and includes over a decade of archives of exclusive content on jihad and terrorism."

Middle East Media Research Institute
USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199): A Legal Analysis of the Conference Bill [January 17, 2006]

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"The USA PATRIOT Improvement and Reauthorization Act of 2005, H.R. 3199, as reported by the Conference Committee, H.Rept. 109-333 (2005), consists of seven titles. Among other things, Title I makes permanent 14 USA PATRIOT Act sections scheduled to expire on February 3, 2006 as well as the terrorism support amendments scheduled to expire on December 31, 2006. It amends and postpones until December 31, 2009 the expiration of the acts sections 206 and 215 relating to Foreign Intelligence Surveillance Act (FISA) orders for roving wiretaps and access to business records. It extends the temporary FISA 'lone wolf' provision to the same date. It clarifies and amends the 'National Security Letter' statutes in a manner designed to ensure their constitutional viability and for other purposes. It authorizes court orders approving wiretapping in the course of investigations of a number of terrorism-related offenses. As for other proposals reported out of conference, Title II revives the death penalty as a sentencing option for air piracy murders committed between 1974 and 1994, permits certain terrorists to be sentenced to a lifetime of supervision following their release from prison, and eliminates the redundant capital punishment procedures found in the Controlled Substances Act. It does not include the other capital punishment adjustments found in the bill which the House sent to conference. Title III carries forward the anti-terrorism, anti-crime proposals found in a separate freestanding seaport protection bill. Title IV reflects in modified form House and Senate suggestions for amending federal confiscation laws and other money laundering adjustments."

Library of Congress. Congressional Research Service

Doyle, Charles; Yeh, Brian T.

2006-01-17
Evolving Threat of Terrorism and Effective Counterterrorism Strategies, Hearing Before the Committee on Armed Services, United States House of Representatives, One Hundred Fifteenth Congress, First Session, February 14, 2017

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This is the hearing compilation for the February 14, 2017 hearing "Evolving Threat of Terrorism and Effective Counterterrorism Strategies" before the House Committee on Armed Services. From the statement of Bruce Hoffman: "While ISIS [Islamic State in Iraq and Syria] poses the most serious, imminent terrorist threat today, al-Qa`ida has been quietly rebuilding and marshaling its resources to reinvigorate the war against the United States declared 20 years ago by its founder and leader, Osama bin Laden. The result is that both groups have enmeshed the U.S. and the West in a debilitating war of attrition, with all its deleterious consequences. ISIS has built external operations capability that will likely survive its loss of territory in Libya, Iraq, and Syria. Meanwhile, the threat from al-Qa`ida persists and may become more serious as it attempts to capitalize on ISIS's falling star alongside the enhancement of its own terrorist strike capabilities. [...] Meanwhile, the danger from so-called lone wolf attacks also remains. The late ISIS commander Abu Muhammad al-Adnani's famous September 2014 summons to battle has hitherto proven far more compelling than al-Qa`ida's longstanding efforts similarly to animate, motivate, and inspire individuals to engage in violence in support of its aims." Statements, letters, and materials submitted for the record include those of the following: Bruce Hoffman, Brian Michael Jenkins, and Michael Sheehan.

United States. Congress. House. Committee on Armed Services

2017-02-14
Two Years After 9/11: Keeping America Safe

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This report addresses a wide range of national security issues. Sections in the report have the following subjects: Wahhabism, Saudi Arabia, Radical Islamist Influence Over U.S. Military and Prison Chaplains, First Responders, Keeping Terrorists Out of the United States, Narco-Terrorism, Database Security, Document Security, Cyber Terrorism, "Lone Wolf" Fix to Foreign Intelligence Surveillance Act, and Pretrial Detention of Terrorists.

United States. Congress. Senate. Committee on the Judiciary

2004-03
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire May 27, 2011 [May 13, 2011]

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"Three amendments to the Foreign Intelligence Surveillance Act (FISA) are set to expire (sunset) on May 27, 2011. The three sunsetting amendments expanded the scope of federal intelligence gathering authority following the 9/11 terrorist attacks. Two amendments were enacted as part of the USA PATRIOT Act. Section 206 of the USA PATRIOT Act amended FISA to permit multipoint, or 'roving,' wiretaps by adding flexibility to the degree of specificity with which the location or facility subject to electronic surveillance under FISA must be identified. Section 215 enlarged the scope of materials that could be sought under FISA to include 'any tangible thing.' It also lowered the standard required before a court order may be issued to compel their production. The third amendment was enacted in 2004, as part of the Intelligence Reform and Terrorism Prevention Act (IRTPA). Section 6001(a) of the IRTPA changed the rules regarding the types of individuals who may be targets of FISA-authorized searches. Also known as the 'lone wolf' provision, it permits surveillance of non-U.S. persons engaged in international terrorism without requiring evidence linking those persons to an identifiable foreign power or terrorist organization. Although these provisions are set to sunset, grandfather clauses permit them to remain effective with respect to investigations that began, or potential offenses that took place, before the sunset date."

Library of Congress. Congressional Research Service

Liu, Edward C.

2011-05-13
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire May 27, 2011

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"Three amendments to the Foreign Intelligence Surveillance Act (FISA) are set to expire (sunset) on May 27, 2011. The three sunsetting amendments expanded the scope of federal intelligencegathering authority following the 9/11 terrorist attacks. Two amendments were enacted as part of the USA PATRIOT Act. Section 206 of the USA PATRIOT Act amended FISA to permit multipoint, or 'roving,' wiretaps by adding flexibility to the degree of specificity with which the location or facility subject to electronic surveillance under FISA must be identified. Section 215 enlarged the scope of materials that could be sought under FISA to include 'any tangible thing.' It also lowered the standard required before a court order may be issued to compel their production. The third amendment was enacted in 2004, as part of the Intelligence Reform and Terrorism Prevention Act (IRTPA). Section 6001(a) of the IRTPA changed the rules regarding the types of individuals who may be targets of FISA-authorized searches. Also known as the 'lone wolf' provision, it permits surveillance of non-U.S. persons engaged in international terrorism without requiring evidence linking those persons to an identifiable foreign power or terrorist organization."

Library of Congress. Congressional Research Service

Liu, Edward C.

2011-05-20
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire February 28, 2011 [February 10, 2011]

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"Three amendments to the Foreign Intelligence Surveillance Act (FISA) are set to expire (sunset) on February 28, 2011. The three sunsetting amendments expanded the scope of federal intelligence-gathering authority following the 9/11 terrorist attacks. Two amendments were enacted as part of the USA PATRIOT Act. Section 206 of the USA PATRIOT Act amended FISA to permit multipoint, or 'roving,' wiretaps by adding flexibility to the degree of specificity with which the location or facility subject to electronic surveillance under FISA must be identified. Section 215 enlarged the scope of materials that could be sought under FISA to include 'any tangible thing.' It also lowered the standard required before a court order may be issued to compel their production. The third amendment was enacted in 2004, as part of the Intelligence Reform and Terrorism Prevention Act (IRTPA). Section 6001(a) of the IRTPA changed the rules regarding the types of individuals who may be targets of FISA-authorized searches. Also known as the 'lone wolf' provision, it permits surveillance of non-U.S. persons engaged in international terrorism without requiring evidence linking those persons to an identifiable foreign power or terrorist organization. Although these provisions are set to sunset, grandfather clauses permit them to remain effective with respect to investigations that began, or potential offenses that took place, before the sunset date."

Library of Congress. Congressional Research Service

Liu, Edward C.

2011-02-10
Amendments to the Foreign Intelligence Surveillance Act Set to Expire in 2009 [March 16, 2009]

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"Several recent amendments to the Foreign Intelligence Surveillance Act (FISA) will sunset on December 31, 2009. H.R. 1467, introduced in the 111th Congress, would extend these three provisions until December 31, 2019. Section 6001(a) of the Intelligence Reform and Terrorism Protection Act (IRTPA), also known as the 'lone wolf' provision, changed the rules regarding the types of individuals that could be targets of FISA-authorized searches. It permits surveillance of non-U.S. persons engaged in international terrorism, without requiring evidence linking those persons to an identifiable foreign power or terrorist organization. Section 206 of the USA PATRIOT ACT amended FISA to permit multipoint, or 'roving,' wiretaps by adding flexibility to the degree of specificity with which the location or facility subject to electronic surveillance under FISA must be identified. Section 215 of the USA PATRIOT ACT enlarged the scope of documents that could be sought under FISA, and lowered the standard required before issuance of a court order compelling the production of documents. While these provisions will cease to be prospectively effective on December 31, 2009, a grandfather clause permits them to remain effective with respect to investigations that began, or potential offenses that took place, before the sunset date."

Library of Congress. Congressional Research Service

Liu, Edward C.

2009-03-16
Amendments to the Foreign Intelligence Surveillance Act Set to Expire in 2009 [January 6, 2009]

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This report discusses the impending expiration of the Foreign Intelligence Surveillance Act and the expected consequences on the law following its expiration. "Several recent amendments to the Foreign Intelligence Surveillance Act (FISA) will sunset on December 31, 2009. Section 6001(a) of the Intelligence Reform and Terrorism Protection Act (IRTPA), also known as the 'lone wolf' provision, changed the rules regarding the types of individuals that could be targets of FISA-authorized searches. It permits surveillance of non-U.S. persons engaged in international terrorism, without requiring evidence linking those persons to an identifiable foreign power or terrorist organization. Section 206 of the USA PATRIOT ACT amended FISA to permit multipoint, or 'roving,' wiretaps by adding flexibility to the degree of specificity with which the location or facility subject to electronic surveillance under FISA must be identified. Section 215 of the USA PATRIOT ACT enlarged the scope of documents that could be sought under FISA, and lowered the standard required before a court order could be issued compelling the production of documents. While these provisions will cease to be prospectively effective on December 31, 2009, a grandfather clause permits them to remain effective with respect to investigations that began, or potential offenses that took place, before the sunset date."

Library of Congress. Congressional Research Service

Liu, Edward C.

2009-01-06
Amendments to the Foreign Intelligence Surveillance Act (FISA) Set to Expire in 2009 [October 29, 2009]

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"Three amendments to the Foreign Intelligence Surveillance Act (FISA) are set to expire (sunset) on December 31, 2009. S. 1692, a bill reported favorably by the Senate Judiciary Committee with an amendment in the nature of a substitute, would extend the sunset date by four years and make various modifications to existing authorities. H.R. 3845 would likewise establish a new sunset of December 31, 2013, but it would reauthorize only two of the three expiring provisions. The three sunsetting amendments expanded the scope of federal intelligence-gathering authority following the 9/11 terrorist attacks. Two were enacted as part of the USA PATRIOT Act. Section 206 of the USA PATRIOT Act amended FISA to permit multipoint, or 'roving,' wiretaps by adding flexibility to the degree of specificity with which the location or facility subject to electronic surveillance under FISA must be identified. Section 215 enlarged the scope of materials that could be sought under FISA to include 'any tangible thing.' It also lowered the standard required before a court order may be issued to compel their production. The third amendment was enacted in 2004, as part of the Intelligence Reform and Terrorism Protection Act (IRTPA). Section 6001(a) of the IRTPA changed the rules regarding the types of individuals who may be targets of FISA-authorized searches. Also known as the 'lone wolf' provision, it permits surveillance of non-U.S. persons engaged in international terrorism without requiring evidence linking those persons to an identifiable foreign power or terrorist organization."

Library of Congress. Congressional Research Service

Henning, Anna C.; Liu, Edward C.

2009-10-29
USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199): A Side-by-Side Comparison of Existing Law, H.R. 3199 (Conference), and H.R. 3199 (Senate Passed) [December 28, 2005]

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"By virtue of Section 224 of the USA PATRIOT Act, P.L. 107-56 (2001), several of the acts amendments to the Foreign Intelligence Surveillance Act, 50 U.S.C. 1801-1862, and the Electronic Communications Privacy Act, 18 U.S.C. 2510-2522, 2701-2712, 3121-3127, were scheduled to expire on December 31, 2005, 115 Stat. 295 (2001). S. 2167 postpones the expiration dates of those provisions and of Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ('lone wolf' amendment), 118 Stat. 3742 (2004), until February 3, 2006. The version of the USA PATRIOT Improvement and Reauthorization Act of 2005, H.R. 3199, which the Senate sent to conference, primarily addresses the provisions scheduled to expire and related matters such as the issuance of 'national security letters' under 18 U.S.C. 2709. The version of H.R. 3199 upon which the conferees agreed represents a compromise between the Senate version and the version passed by the House. The conference bill also contains provisions, amended by the conferees in several instances, that originated in the House but that in some cases have been considered in the Senate under separate legislative proposals. These include sections relating to the death penalty, seaport security, combating terrorism financing, and methamphetamine abuse."

Library of Congress. Congressional Research Service

Doyle, Charles; Yeh, Brian T.

2005-12-28
USA Patriot Act Sunset: Provisions that Expire on December 31, 2005 [Updated January 27, 2005]

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"The consequences of sunset are not the same for every expiring section. In some instances the temporary provision has been replaced with a permanent one; in some, other provisions have been made temporary by attachment to an expiring section; in still others, the apparent impact of termination has been mitigated by related provisions either in the act or elsewhere. The temporary provisions are: sections 201 (wiretapping in terrorism cases), 202 (wiretapping in computer fraud and abuse felony cases), 203(b) (sharing wiretap information), 203(d) (sharing foreign intelligence information), 204 (Foreign Intelligence Surveillance Act (FISA) pen register/trap & trace exceptions), 206 (roving FISA wiretaps), 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 surveillance), 214 (FISA pen register/ trap and trace authority), 215 (FISA access to tangible items), 217 (interception of computer trespasser communications), 218 (purpose for FISA orders), 220 (nationwide service of search warrants for electronic evidence), 223 (civil liability and discipline for privacy violations), and 225 (provider immunity for FISA wiretap assistance); and in the Intelligence Reform and Terrorism Prevention Act, section 6001 ("lone wolf" FISA orders)."

Library of Congress. Congressional Research Service

Doyle, Charles

2005-01-27
Foreign Intelligence Surveillance Act: Selected Legislation from the 108th Congress [Updated January 11, 2005]

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"In the 108th Congress, a number of intelligence reform bills were introduced, including some which pre-dated the release of the Final Report of the 9/11 Commission, while others emerged after its release. On December 17, 2004, the Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458 (S. 2845), was signed into law. It included several provisions related to FISA. In addition to P.L. 108-458, a variety of other bills were introduced with FISA-related provisions. The FISA provisions of some of these measures were part of larger intelligence reform proposals. Still others were more narrowly focused measures that would also have impacted FISA investigations in the post-9/11 environment. This report briefly discusses the FISA-related aspects of these proposals. For purposes of this report, the bills addressed are divided generally into two categories: intelligence reform or reorganization proposals that have FISA provisions, including P.L. 108-458 (S. 2845), H.R. 10, H.R. 4104, H.R. 5040, H.R. 5150, S. 6, S. 190, S. 1520, S. 2811, S. 2840, and Senator Pat Roberts' draft bill; and other FISA-related bills, including H.R. 1157, H.R. 2242, H.R. 2429, H.R. 2800, H.R. 3179, H.R. 3352, H.R. 3552, H.R. 4591, H.Amdt. 652 to H.R. 4574, S. 113, S. 123, S. 410, S. 436, S. 578, S. 1158, S. 1507, S. 1552, S. 1709, S. 2528, and S.Amdt. 536 to S. 113. For a more detailed discussion of FISA, see CRS Report RL30465, The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions, while a discussion of the amendment in P.L. 108-458 to the FISA definition of agent of a foreign power may be found in CRS Report RS22011, Intelligence Reform and Terrorism Prevention Act of 2004: 'Lone Wolf' Amendment to the Foreign Intelligence Surveillance Act."

Library of Congress. Congressional Research Service

Bazan, Elizabeth B.

2005-01-11
Proposed Change to the Foreign Intelligence Surveillance Act (FISA) under S.113 [Updated August 9, 2004]

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"In order to facilitate the surveillance of possible 'lone wolf' terrorists, whose links to an international terrorist organization may be difficult to ascertain, several bills have been introduced to amend the Foreign Intelligence Surveillance Act ('FISA'). The Senate passed S. 113, a bill to extend the coverage of 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. While the Final Report of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) does not call for such a measure, the Bush Administration has indicated its support. FISA provides the government authority to conduct electronic surveillance (wiretap) and other searches with respect to a foreign power or its agents to obtain intelligence related to espionage, terrorism, or other matters involving national security. Related proposals include H.R. 3179, 304 of S. 2386, H.R. 3552, and S. 123."

Library of Congress. Congressional Research Service

Elsea, Jennifer

2004-08-09

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