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Intelligence Spending: Public Disclosure Issues
This report describes the constituent parts of the intelligence budget, past practice in handling intelligence authorizations and appropriations, the arguments that have been advanced for and against making intelligence spending totals public, a legal analysis of these issues, and a review of the implications of post-Cold War developments on the question. It also describes past congressional interest in keeping intelligence spending totals secret.
Intelligence Estimates: How Useful to Congress?
National Intelligence Estimates (NIEs) are often of considerable interest to many Members of Congress. NIEs address issues of major national security importance which may require congressional action. However, NIEs have occasionally proved unreliable because they were based on insufficient evidence or contained faulty analysis. This report explores this issue and discusses the NIE process and its relevance to congressional policymaking.
Sensitive Covert Action Notifications: Oversight Options for Congress
With Congress considering a possible change regarding sensitive covert action policy, this memorandum describes the statutory provision authorizing Gang of Eight notifications, reviews the legislative history of the provision, and examine both the impact of such notifications on congressional oversight as well as options that Congress might consider to possibly improve oversight.
Court-Ordered Access to Smart Phones: In Brief
This report specifically examines certain encryption issues that have been raised in the investigation of the December 2, 2015, terrorist attack in San Bernardino, CA. This report highlights certain issues that policymakers may examine as they follow the ongoing dispute between law enforcement and technology companies, and it focuses on questions related to the government's request.
Overview of Constitutional Challenges to NSA Collection Activities and Recent Developments
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.
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 Community Spending: Trends and Issues
This report examines Intelligence Community (IC) funding over the past several decades, with an emphasis on the period from 2007-2017--the period in which total national and military intelligence program (NIP and MIP) spending dollars have been publicly disclosed on an annual basis. Intelligence-related spending (such as the Homeland Security Intelligence Program) that does not fall within the NIP and MIP is outside the scope of this report.
HPSCI Memorandum Sparks Debate Over FISA Application Requirements
This report discusses the Foreign Intelligence Surveillance Act (FISA) and its authority to allow the government to undertake electronic surveillance programs of people suspected of engaging in foreign intelligence activity along with recent debate regarding the issue.
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
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).
U.S. Intelligence Community Elements: Establishment Provisions
This report summarizes dates and directives for the establishment of each of the 17 U.S. Intelligence Community (IC) component organizations.
The National Counterintelligence and Security Center (NCSC): An Overview
This report summarizes the background and functions of the U.S. National Counterintelligence and Security Center (NCSC).
European Union Efforts to Counter Disinformation
This report discusses European Union efforts to counter the use of propaganda by both state and non-state actors, including new strategies to combat disinformation.
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.
Overview of Constitutional Challenges to NSA Collection Activities
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.
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).
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.
The Director of National Intelligence (DNI)
This report describes the creation, responsibilities, and authorities of the U.S. Director of National Intelligence (DNI).
Intelligence Planning, Programming, Budgeting and Evaluation Process (IPPBE)
This report describes the phases of the Intelligence Planning, Programming, Budgeting and Evaluation Process (IPPBE). The Intelligence Community (IC) uses IPPBE to identify requirements and allocate resources that produce IC capabilities (e.g., human intelligence, signals intelligence, and geospatial intelligence) throughout development and execution of the National Intelligence Program (NIP) and budget. The NIP addresses priorities described in national security-related strategy documents such as the National Intelligence Strategy (NIS) and Consolidated Intelligence Guidance (CIG).
Intelligence Community Spending: Trends and Issues
This report examines Intelligence Community (IC) funding over the past several decades, with an emphasis on the period from 2007-2019--the period in which total National Intelligence Program (NIP) and Military Intelligence Program (MIP) spending dollars have been publicly disclosed on an annual basis. Intelligence-related spending (such as the Homeland Security Intelligence Program) that does not fall within the NIP and MIP is outside the scope of this report.
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.
The U.S. Intelligence Community: Selected Cross-Cutting Issues
This report focuses on cross-cutting management issues that affect the Intelligence Community's (IC's) ability to counter "pervasive and emerging threats" to the United States and balance resources both appropriately and wisely. The Director of National Intelligence (DNI) is charged with integrating the community of intelligence agencies so that they operate effectively as one team.
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.
Covert Action and Clandestine Activities of the Intelligence Community: Selected Definitions in Brief
This report provides definitions of clandestine versus covert intelligence activities and discusses what agencies are authorized to undertake which types of intelligence. It also covers military intelligence terms that are different than ones used by civilian government activities.
The SSCI Study of the CIA's Detention and Interrogation Program: Issues to Consider
This report briefly discusses issues pertaining to the 500-page Executive Summary of the Senate Select Committee on Intelligence (SSCI) Study of the Central Intelligence Agency's (CIA's) Detention and Interrogation Program, which released to the public on December 9, 2014 describes the history of the CIA's Detention and Interrogation Program from late 2001 to January 2009, including a review of each of the 119 individuals known to have been held in CIA custody.
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.
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.
Smartphone Data Encryption: A Renewed Boundary for Law Enforcement?
This report briefly examines new issues for law enforcement regarding data encryption and smartphones including cyber-criminals and Apple's new privacy policy that removes the back-doors that law enforcement used to be able to use to access user data.
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)
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.
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.
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.
CRS Issue Statement on Intelligence Policy
This report contains the distinction between foreign and law enforcement intelligence that remain important when civil liberties and privacy rights of U.S. persons are involved.
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.
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.
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.
Paris Attacks and "Going Dark": Intelligence-Related Issues to Consider
This report discusses intelligence efforts on tracking numerous individuals involved in the deadly assault in Paris on November 13, 2015.
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.
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.
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.
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.
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.
Airborne Intelligence, Surveillance and 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.
9/11 Commission Recommendations: Intelligence Budget
This report identifies the main recommendations of the 9/11 Commission with respect to the intelligence budget. This report also describes the intelligence budget process under current law to explain the effect of these recommendations and presents the current budget authorities of the Director of Central Intelligence, as well as budget provisions in two bills, S. 2774 and H.R. 5040, that include all Commission recommendations.
H.R. 10 (9/11 Recommendations Implementation Act) and S. 2845 (National Intelligence Reform Act of 2004): A Comparative Analysis
No Description Available.
Homeland Security Intelligence: Perceptions, Statutory Definitions, and Approaches
Although the activities involved in homeland security intelligence (HSINT) itself are not new, the relative importance of state, local, and private sector stakeholders; the awareness of how law enforcement information might protect national security; and the importance attached to homeland security intelligence have all increased substantially since the events of September 11, 2001. This report provides a potential conceptual model of how to frame 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). While this community may not necessarily be a useful construct from a management perspective, it is nevertheless a community as traditionally defined. Although the HSIC’s members are diffused across the nation, they share a common counterterrorism interest.
Reform of the Foreign Intelligence Surveillance Courts: A Brief Overview
This report discusses the recent disclosures of various National Security Agency (NSA) surveillance and data collection programs that have prompted increased attention on the government's collection of foreign intelligence.
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.
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