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Intelligence Community Whistleblower Protections: In Brief
This report describes various sources of Intelligence Community (IC) whistleblower protections. Generally speaking, whistleblowers are those who expose misconduct (e.g., fraud, abuse, or illegal activity) within an organization. In the context of the IC, whistleblowers are generally employees or contractors of federal intelligence agencies who bring to light information on agency wrongdoings.
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).
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.
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 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).
Covert Action and Clandestine Activities of the Intelligence Community: Selected Notification Requirements in Brief
This report discusses the requirements for notifying Congress of covert action and clandestine activities of the intelligence community and activities of the military. These requirements originated from instances in the 1970s when media disclosure of past intelligence abuses underscored reasons for Congress taking a more active role in oversight. Over time, these requirements were written into statute or became custom.
The Director of National Intelligence (DNI)
This report describes the creation, responsibilities, and authorities of the U.S. Director of National Intelligence (DNI).
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.
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).
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 Community Programs, Management, and Enduring Issues
This report explains the management structure for the National Intelligence Program (NIP), and Military Intelligence Program (MIP), to include their two separate budget processes and the roles of the Director of National Intelligence and the Under Secretary of Defense (Intelligence). The concluding section of this report considers the ability of the U.S. government to make the best use of its intelligence-related resources when: (1) total intelligence spending is impossible to calculate; (2) its management and oversight is completely decentralized; and (3) IC funding alone is largely divided into two categories (NIP and MIP)-- managed within the executive branch separately, justified to Congress separately, and overseen by separate congressional committees.
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.
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.
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.
Renewed Crypto Wars?
This report briefly examines renewed tensions between tech companies and the government regarding encryption "back doors" and how quickly-advancing technologies could impact law enforcement investigations.
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.
The Intelligence Community and Its Use of Contractors: Congressional Oversight Issues
The report examines, from an acquisition perspective, several reasons for interest in the intelligence community's (IC) use of contractors, notably, the types of functions contractors perform, whether the IC's acquisition workforce has the capacity to oversee contractors.
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.
Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization in Brief
This report discusses the legal background associated with the sunset of various provisions of the USA PATRIOT Act and of subsequent related legislation.
Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization in Brief
This report discusses the legal background associated with the sunset of various provisions of the USA PATRIOT Act and of subsequent related legislation.
Selected Issues in Homeland Security Policy for the 114th Congress
This report outlines an array of homeland security issues that may come before the 114th Congress. After a brief discussion of the definitions of homeland security, the homeland security budget, and the role of homeland security actors in the intelligence community, the report divides the specific issues into four broad categories: Counterterrorism and Security Management, Border Security and Trade, Disaster Preparedness, Response, and Recovery, and DHS Management Issues.
Perspectives on the Senate Select Committee on Intelligence (SSCI) Study and Enhanced Interrogation Techniques: In Brief
Much of the discussion and debate following the December release of the Senate Select Committee on Intelligence (SSCI) Study of the Central Intelligence Agency's (CIA's) Detention and Interrogation (D&I) Program (SSCI Study) has focused on the CIA's use of Enhanced Interrogation Techniques (EITs) on certain individuals labeled "high value detainees" (HVDs). This report discusses views expressed by public officials, academics, and commentators in a variety of sources.
National Security Letters: Proposals in the 113th 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. A National Security Letter (NSL) is roughly comparable to an administrative subpoena, used by various intelligence agencies 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.
The U.S. Secret Service: History and Missions
This report discusses potential policy questions for the upcoming 114th Congress concerning the Service’s mission and organization through an examination of the USSS history and its statutory authorities, mission, and present activities within DHS. The policy questions presented in this report are only considerations, since the Service is widely perceived to be operating and performing its missions effectively for the past 11 years as part of DHS.
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.
Anti-Terrorist/Anti-Money Laundering Information-Sharing by Financial Institutions under FINCEN's Regulations
This report discusses Information-sharing programs developed by Treasury's Financial Crimes Enforcement Network (FINCEN) designed to aid law enforcement investigation and prosecution of money laundering and terrorist financing.
Intelligence Whistleblower Protections: In Brief
This report describes three sources of Intelligence Community (IC) whistleblower protection including the Intelligence Community Whistleblower Protection Act of 1998 (ICWPA), Presidential Policy Directive 19 (PPD-19), and Title VI of the Intelligence Authorization Act for Fiscal Year 2014 (Title VI). Generally speaking, whistleblowers are those who expose misconduct (e.g., fraud, abuse, or illegal activity) within an organization. In the context of the IC, whistleblowers are generally employees or contractors of federal intelligence agencies who bring to light information on agency wrongdoings.
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.
Reform of the Foreign Intelligence Surveillance Courts: Procedural and Operational Changes
This report begins with an overview of both the FISC and the 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).
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.
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.
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).
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.
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).
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.
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.
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
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.
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
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
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)
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.
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.
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.
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.
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.
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