SETTING PRIORITIES: an Essential Step in Transforming Declassification
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The Proposed Authorities of a National Intelligence Director: Issues for Congress and Side-By-Side Comparison of S
Order Code RL32506 CRS Report for Congress Received through the CRS Web The Proposed Authorities of a National Intelligence Director: Issues for Congress and Side-by-Side Comparison of S. 2845, H.R. 10, and Current Law Updated October 5, 2004 -name redacted- Specialist in Intelligence and National Security Foreign Affairs, Defense, and Trade Division Congressional Research Service ˜ The Library of Congress The Proposed Authorities of a Director of National Intelligence: Issues for Congress, and Side-by-Side Comparison of S. 2845, H.R. 10, and Current Law Summary The 9/11 Commission, in its recent report on the attacks of September 11, 2001, criticized the U.S. Intelligence Community’s (IC) fragmented management structure and questioned whether the U.S. government, and the IC, in particular, is organized adequately to direct resources and build the intelligence capabilities that the United States will need to counter terrorism, and to address the broader range of national security challenges in the decades ahead. The Commission made a number of recommendations, one of which was to replace the current position of Director of Central Intelligence (DCI) with a National Intelligence Director (NID) who would oversee national intelligence centers on specific subjects of interest — including a National Counterterrorism Center (NCTC) — across the U.S. government, manage the national intelligence program; oversee the agencies that contribute to it; and have hiring, firing, and budgetary authority over the IC’s 15 agencies. Although the Commission recommended that the director be located in the Executive Office of the President, the Commission Vice Chairman in testimony before Congress on September 7, 2004, withdrew that portion of the recommendation in light of concerns that the NID would be subject to undue influence. -
Intelligence Legalism and the National Security Agency's Civil Liberties
112 Harvard National Security Journal / Vol. 6 ARTICLE Intelligence Legalism and the National Security Agency’s Civil Liberties Gap __________________________ Margo Schlanger* * Henry M. Butzel Professor of Law, University of Michigan. I have greatly benefited from conversations with John DeLong, Mort Halperin, Alex Joel, David Kris, Marty Lederman, Nancy Libin, Rick Perlstein, Becky Richards, and several officials who prefer not to be named, all of whom generously spent time with me, discussing the issues in this article, and many of whom also helped again after reading the piece in draft. I would also like to extend thanks to Sam Bagenstos, Rick Lempert, Daphna Renan, Alex Rossmiller, Adrian Vermeule, Steve Vladeck, Marcy Wheeler, Shirin Sinnar and other participants in the 7th Annual National Security Law Workshop, participants at the University of Iowa law faculty workshop, and my colleagues at the University of Michigan Legal Theory Workshop and governance group lunch, who offered me extremely helpful feedback. Jennifer Gitter and Lauren Dayton provided able research assistance. All errors are, of course, my responsibility. Copyright © 2015 by the Presidents and Fellows of Harvard College and Margo Schlanger. 2015 / Intelligence Legalism and the NSA’s Civil Liberties Gaps 113 Abstract Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, including the organizations and processes inside and outside the NSA that are supposed to safeguard American’s civil liberties as the agency goes about its intelligence gathering business. -
(U) Cryptologic Almanac 5Qth Anniversary Series
309855~ DOCID: Declass1_1ad and approved for release by NSA on 9 January 2007, pursuant to E.O. 12958, as amended. MDR-51909 (U) Cryptologic Almanac 5Qth Anniversary Series (U) The Time Of Investigations, Part 2 of 2 (U) SYNOPSIS: Stimulated by a climate of mistrust, a Senate committee chaired by Frank Church of Idaho investigated allegations of misdeeds by the U.S. intelligence community. After a period of adjustment, the committee and NSA learned to work together. The Church Committee substantiated charges that NSA had maintained "Watch Lists" of U.S. citizens and had a secret program to obtain copies of telegrams from private cable companies. The committee warned against NSA's potential for abuse and recommended legislation to protect American rights. (U) NOW, ON WITH OUR STORY. PIKE COMMITTEE (U) If the Church Committee and NSA learned to get along after an initial period of uneasiness, this did not happen with two other congressional committees that investigated NSA. (U) About the same time that the Senate established the Church Committee, the House of Representatives voted for a similar committee, under Otis Pike (D, NY). From the start, this committee had a broader mandate to investigate the entire intelligence community; in fact, it was set up not only to investigate alleged abuses but also to look at operational effectiveness and programming and budget issues. (U//FOUO) Some NSA seniors had already had less than positive experiences with Representative Pike. He had led a subcommittee investigating the PUEBLO incident of 1968; the subcommittee had leaked confidential testimony of then DIRNSA Marshall Carter to the press, angering many officials. -
Congressional Oversight of Intelligence: Background and Selected Options for Further Reform
Congressional Oversight of Intelligence: Background and Selected Options for Further Reform December 4, 2018 Congressional Research Service https://crsreports.congress.gov R45421 SUMMARY R45421 Congressional Oversight of Intelligence: December 4, 2018 Background and Selected Options for Further Michael E. DeVine Reform Analyst in Intelligence and National Security Prior to the establishment of the Senate Select Committee on Intelligence (SSCI) and the House Permanent Select Committee on Intelligence (HPSCI) in 1976 and 1977, respectively, Congress did not take much interest in conducting oversight of the Intelligence Community (IC). The Subcommittees on the Central Intelligence Agency (CIA) of the congressional Armed Services Committees had nominal oversight responsibility, though Congress generally trusted that IC could more or less regulate itself, conduct activities that complied with the law, were ethical, and shared a common understanding of national security priorities. Media reports in the 1970s of the CIA’s domestic surveillance of Americans opposed to the war in Vietnam, in addition to the agency’s activities relating to national elections in Chile, prompted Congress to change its approach. In 1975, Congress established two select committees to investigate intelligence activities, chaired by Senator Frank Church in the Senate (the “Church Committee”), and Representative Otis Pike in the House (the “Pike Committee”). Following their creation, the Church and Pike committees’ hearings revealed the possible extent of the abuse of authority by the IC and the potential need for permanent committee oversight focused solely on the IC and intelligence activities. SSCI and HPSCI oversight contributed substantially to Congress’s work to legislate improvements to intelligence organization, programs, and processes and it enabled a more structured, routine relationship with intelligence agencies. -
Keeping the US Hand Well Hidden: the Role of the Church Committee in Rethinking US Covert Intervention in the 1970S
Keeping the US Hand Well Hidden: The Role of the Church Committee in Rethinking US Covert Intervention in the 1970s Julia Kropa A thesis submitted in partial fulfillment of the requirements for the degree of BACHELOR OF ARTS WITH HONORS DEPARTMENT OF HISTORY UNIVERSITY OF MICHIGAN April 2, 2018 Advised by Professor Victoria Langland TABLE OF CONTENTS Acknowledgments…………………………………………………………………………..ii Timeline……………………………………………………………………………………iii Introduction…………………………………………………………………………………1 Chapter 1: US Covert Involvement and the Death of General Schneider…………………14 The Election of 1970 and Escalation of US Involvement…………………………16 Creating an Atmosphere of Overthrow……………………………………………26 The Aftermath of General Schneider’s Death……………………………………..37 Chapter 2: The Formation of the Church Committee……………………………………..42 The Origins of the Church Committee…………………………………………….45 White House Opposition to the Church Committee……………………………….59 The Committee’s Purpose for Investigating Assassination Plots………………….66 Chapter 3: The Church Committee Investigates Assassination Plots……………………..70 The Church Committee’s Investigation…………………………………………...73 The Investigation Reaches the White House………………………………………81 The Committee’s Interim Report and its Findings………………………………...91 Conclusion…………………………………………………………………………………96 Appendix 1……………………………………………………………………………….102 Appendix 2……………………………………………………………………………….107 Bibliography……………………………………………………………………………...109 i Acknowledgments First and foremost, thank you to my advisor, Professor Victoria Langland, for her guidance and encouragement at every stage of this project from my initial thoughts to the end product. I would like to thank the LSA Honors Program and the History Department for generously providing funding for my research and writing. I am also thankful to my writing group, Maggie and Noah, for reading my many drafts and offering feedback at every step in the process. Many thanks to Emily for listening to me for a year and a half talking and brainstorming out loud, and for forcing me to always keep on working. -
Administration of Barack H. Obama, 2009
Administration of Barack H. Obama, 2009 Executive Order 13526—Classified National Security Information December 29, 2009 This order prescribes a uniform system for classifying, safeguarding, and declassifying national security information, including information relating to defense against transnational terrorism. Our democratic principles require that the American people be informed of the activities of their Government. Also, our Nation's progress depends on the free flow of information both within the Government and to the American people. Nevertheless, throughout our history, the national defense has required that certain information be maintained in confidence in order to protect our citizens, our democratic institutions, our homeland security, and our interactions with foreign nations. Protecting information critical to our Nation's security and demonstrating our commitment to open Government through accurate and accountable application of classification standards and routine, secure, and effective declassification are equally important priorities. Now, Therefore, I, Barack Obama, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: PART 1—ORIGINAL CLASSIFICATION Section 1.1. Classification Standards. (a) Information may be originally classified under the terms of this order only if all of the following conditions are met: (1) an original classification authority is classifying the information; (2) the information is owned by, produced by or for, or is under the control of the United States Government; (3) the information falls within one or more of the categories of information listed in section 1.4 of this order; and (4) the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national security, which includes defense against transnational terrorism, and the original classification authority is able to identify or describe the damage. -
Classified Records of Congress: an Overview
Executive Branch Classified National Security Information and Congress Prepared by the staff of the Information Security Oversight Office for the Public Interest Declassification Board, June 2007 Summary: The United States Senate and the House of Representatives, as part of the Legislative branch of the U.S. government, are not subject to the provisions of Executive Order 12958, as amended, which governs the classification of national security information within the Executive branch. Nonetheless, Congress, as part of its role in the oversight and appropriation of funds for intelligence and military affairs, possesses both classified records forwarded to it by Executive branch agencies and classified transcripts of closed hearings concerning military, foreign relations, and intelligence matters. How these classified records are handled varies between the two chambers, and individual committees within each chamber establish their own procedures for control of classified material. As Legislative branch records, committee and general records of Congress are not accessioned into the National Archives and Records Administration (NARA) as permanent Federal records. Instead, inactive records are transferred to the Center for Legislative Archives at NARA for preservation and access purposes, but they remain under the legal control of Congress. Declassification actions on records transferred to the Center for Legislative Archives have been done on a limited basis in response to individual requests submitted by researchers or as special projects initiated by Congress itself, such as actions to release records of the Senate Select Committee for POW/MIA Affairs in the mid-1990s. 1 1. Classified Records of Congress: Legislation and Authority The business of Congress gets done in its committees, and it is those committees who possess and produce classified records.1 Widespread access by lawmakers to classified records is a relatively recent development. -
The Freedom of Information Act and the Fight Against Secret (Surveillance) Law, 55 Santa Clara L
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Santa Clara University School of Law Santa Clara Law Review Volume 55 | Number 1 Article 4 10-7-2015 The rF eedom of Information Act and the Fight Against Secret (Surveillance) Law Mark Rumold Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Recommended Citation Mark Rumold, The Freedom of Information Act and the Fight Against Secret (Surveillance) Law, 55 Santa Clara L. Rev. 161 (2015). Available at: http://digitalcommons.law.scu.edu/lawreview/vol55/iss1/4 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. THE FREEDOM OF INFORMATION ACT AND THE FIGHT AGAINST SECRET (SURVEILLANCE) LAW Mark Rumold* TABLE OF CONTENTS Introduction ........................................................................... 161 I. The Secret Story of Section 215 ......................................... 164 II. The Problem of Secret (Surveillance) Law and the Traditional Ways to Avoid It ....................................... 169 A. The Problem of Secret (Surveillance) Law ........... 169 B. Traditional Ways of Avoiding Secret Law and Their Shortcomings: Congressional Investigation, Discovery, Leaks, and FOIA .......... 172 1. Congressional Investigation ............................ 172 2. -
Bansemer: Intelligence Reform: a Question of Balance
Brig Gen Kenneth Newton Walker Kenneth Walker enlisted at Denver, Colorado, on 15 December 1917. He took flying training at Mather Field, California, getting his commission and wings in November 1918. After a tour in the Philippines, he returned to Langley Field, Virginia, in February 1925 with a subsequent assignment in December 1928 to attend the Air Corps Tactical School. Retained on the faculty as a bombardment in- structor, Walker became the epitome of the strategic thinkers at the school and coined the revolutionary airpower “creed of the bomber”: “A well-planned, well-organized and well-flown air force attack will constitute an offensive that cannot be stopped.” Following attendance at the Command and General Staff School at Fort Leavenworth, Kansas, in 1933 and promotion to major, he served for three years at Hamilton Field, California, and another three years at Luke Field, Ford Island, and Wheeler Field, Hawaii. Walker returned to the United States in January 1941 as assistant chief of the Plans Division for the chief of the Air Corps in Washington, DC. He was promoted to lieutenant colonel in July 1941 and colonel in March 1942. During this time, when he worked in the Operations Division of the War Department General Staff, he coauthored the air-campaign strategy known as Air War Plans Division—Plan 1, the plan for organizing, equipping, deploying, and employing the Army Air Forces to defeat Germany and Japan should the United States become embroiled in war. The authors completed this monu- mental undertaking in less than one month, just before Japan attacked Pearl Harbor—and the United States was, in fact, at war. -
523696 REF ID:A523696 {U) Chapter 16 Cryptology and the Watergate
DOCID: 523696 REF ID:A523696 lOP SECRET I::JMBM {U) Chapter 16 Cryptology and the Watergate Era (U) BACKGROUND TO SCANDAL (U) The greatest political scandal in American history originated with an obscure note in the Metro seetion of the Washington Post on Sunday, June 18, 1972. In it, two ~etro . section reporters, Bob Woodward and Carl Bernstein, cove~ed what appeared to be an amateurish break-in at the Democratic National Headquarters in the Watergate Hotel in downtown Washington. (U) The Nixon administration managed to cover over the politi~l effects of the break-in until after the elections in Novem~r. But when Congress returned in January, it was ready to investigate. In February 1973, the Senate voted to establish a Select Committee, commonly referred to as the Ervin Committee after Senator Sam Ervin, Democratic senator from North Carolina, to hold hearings. At the time, no one associated with the committee knew where they would get information, since the administration was keeping a tight lip, and· the . Watergate burglars weren't•talking. But on March 23, one of the burglars, James McCord, turned state's evidence: The federal judg~, John Sirica, had been pressuring the defendants by threatening lengthy prison terms if they did not cooperate. Now McCord was cooperating, and the entire thing began to unravel. The president, concerned with get~g on with his second term. tried to shush the (U) Prealclent Nixon an4 hlalDner circle, 1973 whole thing. (U) The scandal, of course, would not shush. Instead, it mushroomed, swallowing first Nixon's White House staff', then much of his cabinet, and imally the president himself. -
A Practical History of USA PATRIOT Act Section 215
Counterintelligence and Access to Transactional Records: A Practical History of USA PATRIOT Act Section 215 Michael J. Woods* The USA PATRIOT Act1 has sparked intense public debate, with proponents claiming that the Act is a necessarily hard-minded response to a national crisis,2 while opponents see unwarranted, even opportunistic, expansion of state power.3 Perhaps no provision of the Act has generated more controversy than §215, which authorizes the FBI to seek a court order compelling the production of “any tangible things” relevant to certain counterintelligence and counterterrorism investigations.4 Like many other provisions of the USA PATRIOT Act, §215 will expire on December 31, 2005, unless reauthorized by Congress.5 The controversy, therefore, is likely to intensify over the coming months. The rhetoric swirling about this provision has been extreme, despite the paucity of evidence that it has ever actually been used6 – which suggests that the section is neither the deadly threat to civil liberties nor the vital operational * The author is a former chief of the FBI’s National Security Law Unit. He later served as Principal Legal Advisor to the National Counterintelligence Executive. The views expressed in this article are his own and do not necessarily reflect the position of any U.S. government component. 1. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. No. 107-56, 115 Stat. 272. The name of the Act became controversial almost immediately. See H.R. REP. NO. 107- 236(I), at 433 (2001) (comments of Rep. -
ISOO 40 Years
resident Jimmy Carter established ISOO with the signing of Executive Order 12065, “National YEARS Security Information,” on June 29, 1978. ISOO replaced the Interagency Classification Review INFORMATION SECURITY Committee (ICRC) which was created by Executive Order 11652, “Classification and Declassification ISOOOVERSIGHT OFFICE P Information security Oversight office of National Security Information and Material,” issued by President Richard Nixon in 1972. President Carter stated that the new Order “will increase openness in Government by limiting classification and accelerating declassification. At the same time, it will improve protection for the information that needs to be kept secret.” In establishing ISOO, he recognized the importance of oversight to TIMELINE ensure agencies followed the procedures in the new Order. ISOO received the authority 1978–Present to review agencies’ rules and regulations and review individual records for compliance; and was authorized to overrule agency regulations and classification decisions if it determined those actions were not in accordance with the Order. The Order also mandated that ISOO report to the President and the National Security Council annually on compliance. President Carter concluded by stating that ISOO “is a key element to the new classification ISOO was established by Executive Order 12065, system, and it will have my strong support.” “National Security Information” in 1978, with the goal of balancing the public’s interest in access to Government information with the need to protect certain national security information from disclosure. Today, the programs of ISOO support the President by ensuring that the Government protects and provides proper access to information to advance the national and public interest.