Search Results

Criminal Prohibitions on the Publication of Classified Defense Information
The recent online publication of classified defense documents by the organization WikiLeaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report identifies some criminal statutes that may apply and also discusses the statutory prohibitions that may be implicated, such as the Espionage Act.
Securing America's Borders: The Role of the Intelligence Community
Maintaining the security of U.S. borders is a fundamental responsibility of the federal government. This report discusses the contribution of intelligence agencies to the border security efforts of the Department of Homeland Security, the Department of Defense, and other federal agencies that work in cooperation with state, local, and tribal law enforcement agencies. Much of the intelligence community's border security-related efforts are classified, however.
National Security Letters in Foreign Intelligence Investigations: A Glimpse of the 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.
Intelligence Estimates: How Useful to Congress?
This report discusses the National Intelligence Estimates (NIEs) that represent the highest and most formal level of strategic analysis by the U.S. intelligence community.
Criminal Prohibitions on the Publication of Classified Defense Information
The recent online publication of classified defense documents by the organization WikiLeaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals. The report provides a summary of recent legislation relevant to the issue as well as some previous efforts to criminalize the unauthorized disclosure of classified information.
The National Intelligence Council: Issues and Options for Congress
The National Intelligence Council (NIC), composed of some 18 senior analysts and national security policy experts, provides the U.S. intelligence community's best judgments on crucial international issues. 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.
Satellite Surveillance: Domestic Issues
Report that 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, followed by a discussion of legal considerations.
Intelligence Issues for Congress
Report that gives an overview of current intelligence issues of interest to the 112th Congress. It includes background and analysis including most recent development, ongoing Congressional concerns, specific issues for the 112th Congress, and a summary of related legislation from the 109th through the 112th Congresses.
Intelligence, Surveillance, and Reconnaissance (ISR) Acquisition: Issues for Congress
Increasing calls for intelligence support and continuing innovations in intelligence technologies combine to create significant challenges for both the executive and legislative branches. This report discusses Intelligence, Surveillance, and Reconnaissance (ISR) systems, which are integral components of both national policymaking and military operations, including counterterrorism operations. ISR systems are costly and complicated, and the relationships among organizations responsible for designing and operating these systems are equally complicated. These factors create numerous oversight issues for Congress, which this report addresses.
Intelligence, Surveillance, and Reconnaissance (ISR) Acquisition: Issues for Congress
Increasing calls for intelligence support and continuing innovations in intelligence technologies combine to create significant challenges for both the executive and legislative branches. This report discusses Intelligence, Surveillance, and Reconnaissance (ISR) systems, which are integral components of both national policymaking and military operations, including counterterrorism operations. ISR systems are costly and complicated, and the relationships among organizations responsible for designing and operating these systems are equally complicated. These factors create numerous oversight issues for Congress, which this report addresses.
National Security Letters: Proposals in the 112th Congress
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.
Intelligence Issues for Congress
This report gives an overview of current intelligence issues of interest to the 112th Congress. It includes background and analysis including most recent development, ongoing Congressional concerns, specific issues for the 112th Congress, and a summary of related legislation from the 109th through the 112th Congresses.
Intelligence Issues for Congress
This report gives an overview of current intelligence issues of interest to the 112th Congress. It includes background and analysis including most recent development, ongoing Congressional concerns, specific issues for the 112th Congress, and a summary of related legislation from the 109th through the 112th Congresses.
“Gang of Four” Congressional Intelligence Notifications
"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.
Covert Action: Legislative Background and Possible Policy Questions
This report discusses the Department of Defense's (DOD) various counter-terrorist intelligence activities, whether or not they constitute classification as "covert action," and the challenge of clarifying the roles and responsibilities of various intelligence activities with regard to clandestine activities. It also examines the statutory procedures governing covert action and associated questions to consider.
Sensitive Covert Action Notifications: Oversight Options for Congress
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 impact of such notifications on congressional oversight.
Intelligence Issues for Congress
To address the challenges facing the U.S. intelligence community in the 21st century, congressional and executive branch initiatives have sought to improve coordination among the different agencies and to encourage better analysis. This report discusses these challenges and efforts the current and previous Administrations and Congresses have taken and are taking to address them. The report includes criticism of the intelligence community's efforts regarding Iraq, Iran, and other areas. Improved analysis remains a key goal in these discussions.
Intelligence Issues for Congress
To address the challenges facing the U.S. intelligence community in the 21st century, congressional and executive branch initiatives have sought to improve coordination among the different agencies and to encourage better analysis. In December 2004, the Intelligence Reform and Terrorism Prevention Act (P.L. 108-458) was signed, providing for a Director of National Intelligence (DNI) with substantial authorities to manage the national intelligence effort. The legislation also established a separate Director of the Central Intelligence Agency.
Intelligence Issues for Congress
To address the challenges facing the U.S. intelligence community in the 21st century, congressional and executive branch initiatives have sought to improve coordination among the different agencies and to encourage better analysis. In December 2004, the Intelligence Reform and Terrorism Prevention Act (P.L. 108-458) was signed, providing for a Director of National Intelligence (DNI) with substantial authorities to manage the national intelligence effort. The legislation also established a separate Director of the Central Intelligence Agency.
Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization
Congress enacted the USA PATRIOT Act soon after the 9/11 terrorist attacks. The most controversial sections of the act facilitate the federal government's collection of more information, from a greater number of sources, than had previously been authorized in criminal or foreign intelligence investigations. The Foreign Intelligence Surveillance Act (FISA), the Electronic Communications Privacy Act (ECPA), and the national security letter (NSL) statutes were all bolstered. With the changes came greater access to records showing an individual's spending and communication patterns as well as increased authority to intercept e-mail and telephone conversations and to search homes and businesses.
National Security Letters: Proposals in the 112th Congress
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 Act, the Fair Credit Reporting Act, the National Security Act, and the Electronic Communications Privacy Act.
Criminal Prohibitions on the Publication of Classified Defense Information
The recent online publication of classified defense documents by the organization WikiLeaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report identifies some criminal statutes that may apply and also discusses the statutory prohibitions that may be implicated, such as the Espionage Act.
Intelligence Issues for Congress
This report gives an overview of current intelligence issues of interest to the 112th Congress. It includes background and analysis including most recent development, ongoing Congressional concerns, specific issues for the 112th Congress, and a summary of related legislation from the 109th through the 112th Congresses.
Intelligence Issues for Congress
This report gives an overview of current intelligence issues of interest to the 112th Congress. It includes background and analysis including most recent development, ongoing Congressional concerns, specific issues for the 112th Congress, and a summary of related legislation from the 109th through the 112th Congresses.
The Intelligence Appropriations Process: Issues for Congress
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.
Covert Action: Legislative Background and Possible Policy Questions
Published reports have suggested that in the wake of the 9/11 terrorist attacks, the Pentagon has expanded its counter-terrorism intelligence activities as part of what the Bush Administration termed the global war on terror. This report discusses the Department of Defense's (DOD) various counter-terrorist intelligence activities, whether or not they constitute classification as "covert action," and the challenge of clarifying the roles and responsibilities of various intelligence activities with regard to clandestine activities. This report examines the statutory procedures governing covert action and associated questions to consider.
The National Intelligence Council (NIC): Issues and Options for Congress
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.
Intelligence Issues for Congress
This report gives an overview of current intelligence issues of interest to the 112th Congress. It includes background and analysis including most recent development, ongoing Congressional concerns, specific issues for the 112th Congress, and a summary of related legislation from the 109th through the 112th Congresses.
Congressional Oversight of Intelligence: Current Structure and Alternatives
This report, to be updated as events dictate, describes the current select committees on intelligence; characteristics and a model for a possible joint committee; recent actions by Congress; and obstacles affecting legislative oversight in the field.
Cybersecurity: Selected Legal Issues
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.
Congressional Oversight of Intelligence: Current Structure and Alternatives
This report, to be updated as events dictate, describes the current select committees on intelligence; characteristics and a model for a possible joint committee; recent actions by Congress; and obstacles affecting legislative oversight in the field.
The U.S. Secret Service: An Examination and Analysis of Its Evolving Missions
The U.S. Secret Service has two missions: criminal investigations and protection. This report looks at the history of the organization and purpose as it relates to Congress.
Congressional Oversight of Intelligence: Current Structure and Alternatives
This report describes the current select committees on intelligence; characteristics and a model for a possible joint committee; recent actions by Congress; and obstacles affecting legislative oversight in the field.
Intelligence Authorization Legislation: Status and Challenges
No Description Available.
Criminal Prohibitions on the Publication of Classified Defense Information
The recent online publication of classified defense documents by the organization WikiLeaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals. The report provides a summary of recent legislation relevant to the issue as well as some previous efforts to criminalize the unauthorized disclosure of classified information.
Stealing Trade Secrets and Economic Espionage: An Overview of 18 U.S.C. 1831 and 1832
Report that gives an overview of 18 U.S.C. 1832 (theft of trade secrets) and 18 U.S.C. 1831 (economic espionage). It also describes what constitutes as a stolen trade secret, and how such crimes are prosecuted.
Intelligence, Surveillance, and Reconnaissance (ISR) Acquisition: Issues for Congress
This report discusses Congressional issues regarding Intelligence, Surveillance, and Reconnaissance (ISR) systems, which are integral components of both national policymaking and military operations, including counterterrorism operations. ISR systems are costly and complicated, and the relationships among organizations responsible for designing and operating these systems are equally complicated.
Intelligence Authorization Legislation: Status and Challenges
This report assesses the effects of the absence of intelligence authorization legislation subsequent to FY2005 and indicate the substantial but limited effects of the FY2010 Intelligence Authorization Act (P.L. 111-259)
"Gang of Four" Congressional Intelligence Notifications
Report that reviews the history of the Gang of Four intelligence notification process and compares this procedure with that of the "Gang of Eight" notification procedure.
Intelligence Authorization Legislation: Status and Challenges
No Description Available.
Covert Action: Legislative Background and Possible Policy Questions
Published reports have suggested that in the wake of the 9/11 terrorist attacks, the Pentagon has expanded its counterterrorism intelligence activities as part of what the Bush Administration termed the global war on terror. 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. This report examines the legislative background surrounding covert action and poses several related policy questions.
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 the Gang of Four notification process and compares this procedure with that of the "Gang of Eight" notification procedure. The "Gang of Eight" procedure is statutorily based and provides that the chairmen and ranking Members of the intelligence committee, along with the Speaker and minority leader of the House, and Senate majority and minority leaders--rather than the full membership of the intelligence committees-- are to receive prior notice of particularly sensitive covert action programs, if the President determines that limited access to such programs is essential to meet extraordinary circumstances affecting vital U.S. interests.
Intelligence, Surveillance, and Reconnaissance (ISR) Acquisition: Issues for Congress
This report discusses Congressional issues regarding Intelligence, Surveillance, and Reconnaissance (ISR) systems, which are integral components of both national policymaking and military operations, including counterterrorism operations. ISR systems are costly and complicated, and the relationships among organizations responsible for designing and operating these systems are equally complicated.
Intelligence Issues for Congress
This report gives an overview of current intelligence issues of interest to the 112th Congress. It includes background and analysis including most recent development, ongoing Congressional concerns, specific issues for the 112th Congress, and a summary of related legislation from the 109th through the 112th Congresses.
The Federal Bureau of Investigation and Terrorism Investigations
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.
Criminal Prohibitions on the Publication of Classified Defense Information
This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals. The report provides a summary of previous legislative efforts to criminalize the unauthorized disclosure of classified information.
National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background
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).
Reform of the Foreign Intelligence Surveillance Courts: Procedural and Operational Changes
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 with respect to the various proposals to reform the FISA judicial review process.
The U.S. Secret Service: History and Missions
This report discusses potential policy questions concerning the U.S. Secret Service through an examination of the Service's history and its statutory authorities, mission, and present activities within Department of Homeland Security (DHS).
Back to Top of Screen