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Homeland Security: Department Organization and Management [Updated November 19, 2002]
From the Summary: "As these legislative developments have occurred, primary issues for Congress and the President have been determining the program composition, administrative organization, and management arrangements of the new department. Other issues have included what to do with non-homeland security programs proposed for transfer to the department, personnel costs that may arise from pleas for pay equity among investigative and inspection positions within the department, reconsideration of the relationship of intelligence entities to the department, intelligence analysis by the department, and implementation of the transition to the new department. This report will be updated as events recommend."
Library of Congress. Congressional Research Service
Relyea, Harold
2002-11-19
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Homeland Security: The Presidential Coordination Office [Updated June 12, 2002]
From the Summary: "As part of his response to the September 11, 2001, terrorist attacks on New York City and Washington, DC, President George W. Bush announced in his September 20 address to a joint session of Congress that he was creating, within the White House Office, an Office of Homeland Security (OHS), headed by a director who would have Cabinet rank and would report directly to the President. OHS, as subsequently chartered with E.O. [Executive Order] 13228 of October 8, 2001, is an agency of the Executive Office of the President. The success of this office as a coordinator of a comprehensive national strategy to safeguard the nation against terrorism may be guided by past experience with similar such entities. This report reviews past experience--principally with the Office of War Mobilization and its successor, the Office of War Mobilization and Reconversion--and its possible significance for OHS, as well as the administrative development of the new agency; it will be updated as events recommend."
Library of Congress. Congressional Research Service
Relyea, Harold
2002-05-15
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Homeland Security: The Presidential Coordination Office [October 10, 2001]
From the Summary: "As part of his response to the September 11, 2001, terrorist attacks on New York City and Washington, DC, President George W. Bush announced in his September 20 address to a joint session of Congress that he was creating, within the White House Office, an Office of Homeland Security (OHS), headed by a director who would have Cabinet rank and would report directly to the President. OHS, as subsequently chartered with E.O. 13228 of October 8, 2001, is an agency of the Executive Office of the President. The success of this office as a coordinator of a comprehensive national strategy to safeguard the nation against terrorism may be guided by past experience with similar such entities. This report reviews past experience--principally with the Office of War Mobilization and its successor, the Office of War Mobilization and Reconversion--and its possible significance for OHS; it will be updated as events recommend."
Library of Congress. Congressional Research Service
Relyea, Harold
2001-10-10
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Homeland Security: Department Organization and Management - Implementation Phase [Updated September 8, 2003]
"After substantial congressional entreatment, President George W. Bush gave impetus to the creation of a Department of Homeland Security when, on June 6, 2002, he proposed the establishment of such an entity by the 107th Congress. The President transmitted his department proposal to the House of Representatives on June 18, where it was subsequently introduced by request (H.R. 5005). The House approved the bill in amended form on July 26. The Senate did not begin consideration of the legislation until after the August congressional recess. Senate deliberations on the matter were slower due to partisan and parliamentary factors as well as a few highly contentious issues, such as the civil service protections and collective bargaining rights of the employees of the new department. When both houses of Congress reconvened after the fall elections, a new, compromise department bill was introduced in the House (H.R. 5710), which considered and adopted the measure on November 13. Six days later, the Senate approved the original House bill (H.R. 5005), as modified with the language of the compromise legislation (H.R. 5710), which had been offered as an amendment. The House cleared the Senate-passed measure for the President's signature (P.L. 107-296; 116 Stat. 2135). Ultimately, President Bush largely obtained what he wanted in the legislation mandating the department. Overseeing the implementation of the legislation mandating the new Department of Homeland Security, and possibly refining it and making some technical modifications, is within the purview of the 108th Congress."
Library of Congress. Congressional Research Service
Relyea, Harold
2003-09-08
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National Emergency Powers [Updated September 15, 2005]
"The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used, and provided Congress a means to countermand the Presidents declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report, which is updated as events require."
Library of Congress. Congressional Research Service
Relyea, Harold
2005-09-15
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National Emergency Powers [Updated June 20, 2006]
"The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority; required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used; and provided Congress a means to countermand the President's declaration and the activated authority being sought."
Library of Congress. Congressional Research Service
Relyea, Harold
2006-06-20
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National Emergency Powers [Updated February 10, 2006]
"The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion."
Library of Congress. Congressional Research Service
Relyea, Harold
2006-02-10
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National Emergency Powers [Updated September 23, 2004]
"The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report."
Library of Congress. Congressional Research Service
Relyea, Harold
2001-09-25
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National Emergency Powers [Updated August 30, 2007]
"The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority; required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used; and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report, which is updated as events require."
Library of Congress. Congressional Research Service
Relyea, Harold
2007-08-30
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National Emergency Powers [Updated January 4, 2007]
"The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority; required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used; and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report, which is updated as events require."
Library of Congress. Congressional Research Service
Relyea, Harold
2007-01-04
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National Emergency Powers [Updated November 13, 2006]
"The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority; required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used; and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report, which is updated as events require."
Library of Congress. Congressional Research Service
Relyea, Harold
2006-11-13
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National Emergency Powers [September 25, 2001]
"The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report, which is updated as events require."
Library of Congress. Congressional Research Service
Relyea, Harold
2001-09-25
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Executive Branch Reorganization and Management Initiatives: A Brief Overview [Updated September 16, 2008]
"This report provides a brief overview of recent executive branch reorganization actions and related management initiatives. President George W. Bush came to office from a campaign which had emphasized efficiency in government, particularly through the use of information technology, but revealed no plans for executive branch reorganization. The departing Clinton Administration had conducted an active effort at 'reinventing government,' spearheaded by a National Performance Review (NPR) announced shortly after the 1993 inauguration. The NPR produced a series of reports proposing various organizational and operational reforms."
Library of Congress. Congressional Research Service
Relyea, Harold
2008-09-16
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Presidential Libraries: The Federal System and Related Legislation [Updated November 26, 2008]
"Through the National Archives and Records Administration, the federal government currently manages and maintains 12 presidential libraries. Inaugurated with the Presidential Libraries Act of 1955, these entities are privately constructed on behalf of former Presidents and, upon completion, are deeded to the federal government. Deposited within these edifices are the official records and papers of the former President, as well as documentary materials of his family and, often, his political associates. These holdings are made available for public examination in accordance with prevailing law concerning custody, official secrecy, personal privacy, and other similar restrictions. This report provides a brief overview of the federal presidential libraries system and tracks the progress of related legislation (H.R. 1254, H.R. 1255, H.R. 5811, S. 886). It will be updated as events recommend."
Library of Congress. Congressional Research Service
Relyea, Harold
2008-11-26
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National Emergency Powers [Updated May 1, 2006]
"The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority; required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used; and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report, which is updated as events require."
Library of Congress. Congressional Research Service
Relyea, Harold
2006-05-01
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National Emergency Powers [Updated September 18, 2001]
"The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report, which is updated as events require."
Library of Congress. Congressional Research Service
Relyea, Harold
2001-09-18
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Security Classification Policy and Procedure: E.O. 12958, as Amended [Updated January 7, 2005]
"After two years of preparation, E.O. 12958, prescribing security classification policy and procedure, was signed by President William Clinton in mid-April 1995. The order was prompted by changing security conditions in the aftermath of the end of the cold war and a desire for more economical and effective management of classified information. The directive was modified in late March 2003 by E.O. 13292, issued by President George W. Bush. Largely prescribed in a series of successive presidential executive orders issued over the past 50 years, security classification policy and procedure provide the rationale and arrangements for designating information officially secret for reasons of national security, and for its declassification as well."
Library of Congress. Congressional Research Service
Relyea, Harold
2005-01-07
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Security Classified and Controlled Information: History, Status, and Emerging Management Issues [June 26, 2006]
"The security classification regime in use within the federal executive branch traces its origins to armed forces information protection practices of the World War I era. The classification system- designating information, according to prescribed criteria and procedures, protected in accordance with one of three levels of sensitivity, based on the amount of harm to the national security that would result from its disclosure- attained a presidential character in 1940 when President Franklin D. Roosevelt issued the initial executive order prescribing these information security arrangements. Refinements in the creation, management, and declassification of national security information followed over the succeeding decades, and continue today. In many regards, these developments represent attempts to narrow the bases and discretion for assigning official secrecy to executive branch documents and materials. Limiting the quantity of security classified information has been thought to be desirable for a variety of important reasons: (1) promoting an informed citizenry, (2) effectuating accountability for government policies and practices, (3) realizing oversight of government operations, and (4) achieving efficiency and economy in government management."
Library of Congress. Congressional Research Service
Relyea, Harold
2006-06-26
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Security Classified and Controlled Information: History, Status, and Emerging Management Issues [Updated January 4, 2007]
"The security classification regime in use within the federal executive branch traces its origins to armed forces information protection practices of the World War I era. The classification system - designating information, according to prescribed criteria and procedures, protected in accordance with one of three levels of sensitivity, based on the amount of harm to the national security that would result from its disclosure - attained a presidential character in 1940 when President Franklin D. Roosevelt issued the initial executive order prescribing these information security arrangements. Refinements in the creation, management, and declassification of national security information followed over the succeeding decades, and continue today. In many regards, these developments represent attempts to narrow the bases and discretion for assigning official secrecy to executive branch documents and materials. Limiting the quantity of security classified information has been thought to be desirable for a variety of important reasons: (1) promoting an informed citizenry, (2) effectuating accountability for government policies and practices, (3) realizing oversight of government operations, and (4) achieving efficiency and economy in government management."
Library of Congress. Congressional Research Service
Relyea, Harold
2007-01-04
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Security Classified and Controlled Information: History, Status, and Emerging Management Issues [Updated March 8, 2007]
"The security classification regime in use within the federal executive branch traces its origins to armed forces information protection practices of the World War I era. The classification system - designating information, according to prescribed criteria and procedures, protected in accordance with one of three levels of sensitivity, based on the amount of harm to the national security that would result from its disclosure - attained a presidential character in 1940 when President Franklin D. Roosevelt issued the initial executive order prescribing these information security arrangements. […] In the current environment, still affected by the long shadow of the terrorist attacks of September 11, 2001, several issues have arisen regarding security classified and controlled information. Volume is a concern: 8 million new classification actions in 2001 jumped to 14 million new actions in 2005, while the quantity of declassified pages dropped from 100 million in 2001 to 29 million in 2005. Expense is vexing: $4.5 billion spent on classification in 2001 increased to $7.1 billion in 2004, while declassification costs fell from $232 million in 2001 to $48.3 million in 2004, according to annual reports by the Information Security Oversight Office (ISOO) of the National Archives and Records Administration (NARA). […] The force of, and authority for, information control markings, other than security classification labels, have come under congressional scrutiny, prompting concerns about their number, variety, lack of underlying managerial regimes, and effects. Among those effects, contend the Government Accountability Office and the manager of the Information Sharing Environment for the intelligence community, is the obstruction of information sharing across the federal government and with state and local governments."
Library of Congress. Congressional Research Service
Relyea, Harold
2007-03-08
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Security Classification Policy and Procedure: E.O. 12958, as Amended [Updated April 23, 2007]
"After two years of preparation, E.O. 12958, prescribing security classification policy and procedure, was signed by President William Clinton in mid-April 1995. The order was prompted by changing security conditions in the aftermath of the end of the cold war and a desire for more economical and effective management of classified information. The directive was modified in late March 2003 by E.O. 13292, issued by President George W. Bush. Largely prescribed in a series of successive presidential executive orders issued over the past 50 years, security classification policy and procedure provide the rationale and arrangements for designating information officially secret for reasons of national security, and for its declassification as well."
Library of Congress. Congressional Research Service
Relyea, Harold
2007-04-23
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Security Classified and Controlled Information: History, Status, and Emerging Management Issues [Updated October 24, 2007]
"The security classification regime in use within the federal executive branch traces its origins to armed forces information protection practices of the World War I era. The classification system -- designating information, according to prescribed criteria and procedures, protected in accordance with one of three levels of sensitivity, based on the amount of harm to the national security that would result from its disclosure -- attained a presidential character in 1940 when President Franklin D. Roosevelt issued the initial executive order prescribing these information security arrangements. […] In the current environment, still affected by the long shadow of the terrorist attacks of September 11, 2001, several issues have arisen regarding security classified and controlled information. […] Some agencies were recently discovered to be withdrawing archived records from public access and reclassifying them. Critically evaluating this activity, ISOO has indicated that the federal government needs to apply a more integrated approach among the classifying agencies. The force of, and authority for, information control markings, other than security classification labels, have come under congressional scrutiny, prompting concerns about their number, variety, lack of underlying managerial regimes, and effects. Among those effects, contend the Government Accountability Office and the manager of the Information Sharing Environment for the intelligence community, is the obstruction of information sharing across the federal government and with state and local governments. These and related matters, including remedial legislation (H.R. 984), are examined in this report, which will be updated as events warrant."
Library of Congress. Congressional Research Service
Relyea, Harold
2007-10-24
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Security Classified and Controlled Information: History, Status, and Emerging Management Issues [Updated January 2, 2008]
"The security classification regime in use within the federal executive branch traces its origins to armed forces information protection practices of the World War I era. The classification system -- designating information, according to prescribed criteria and procedures, protected in accordance with one of three levels of sensitivity, based on the amount of harm to the national security that would result from its disclosure -- attained a presidential character in 1940 when President Franklin D. Roosevelt issued the initial executive order prescribing these information security arrangements. […] In the current environment, still affected by the long shadow of the terrorist attacks of September 11, 2001, several issues have arisen regarding security classified and controlled information. […] Some agencies were recently discovered to be withdrawing archived records from public access and reclassifying them. Critically evaluating this activity, ISOO has indicated that the federal government needs to apply a more integrated approach among the classifying agencies. The force of, and authority for, information control markings, other than security classification labels, have come under congressional scrutiny, prompting concerns about their number, variety, lack of underlying managerial regimes, and effects. Among those effects, contend the Government Accountability Office and the manager of the Information Sharing Environment for the intelligence community, is the obstruction of information sharing across the federal government and with state and local governments. These and related matters, including remedial legislation (H.R. 984), are examined in this report, which will be updated as events warrant."
Library of Congress. Congressional Research Service
Relyea, Harold
2008-01-31
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Security Classified and Controlled Information: History, Status, and Emerging Management Issues [Updated February 11, 2008]
"The security classification regime in use within the federal executive branch traces its origins to armed forces information protection practices of the World War I era. The classification system -- designating information, according to prescribed criteria and procedures, protected in accordance with one of three levels of sensitivity, based on the amount of harm to the national security that would result from its disclosure -- attained a presidential character in 1940 when President Franklin D. Roosevelt issued the initial executive order prescribing these information security arrangements. […] In the current environment, still affected by the long shadow of the terrorist attacks of September 11, 2001, several issues have arisen regarding security classified and controlled information. […] Some agencies were recently discovered to be withdrawing archived records from public access and reclassifying them. Critically evaluating this activity, ISOO has indicated that the federal government needs to apply a more integrated approach among the classifying agencies. The force of, and authority for, information control markings, other than security classification labels, have come under congressional scrutiny, prompting concerns about their number, variety, lack of underlying managerial regimes, and effects. Among those effects, contend the Government Accountability Office and the manager of the Information Sharing Environment for the intelligence community, is the obstruction of information sharing across the federal government and with state and local governments. These and related matters, including remedial legislation (H.R. 984), are examined in this report, which will be updated as events warrant."
Library of Congress. Congressional Research Service
Relyea, Harold
2008-02-11
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Security Classification Policy and Procedure: E.O. 12958, as Amended [Updated March 17, 2008]
"After two years of preparation, E.O. 12958, prescribing security classification policy and procedure, was signed by President William Clinton in mid-April 1995. The order was prompted by changing security conditions in the aftermath of the end of the cold war and a desire for more economical and effective management of classified information. The directive was modified in late March 2003 by E.O. 13292, issued by President George W. Bush. Largely prescribed in a series of successive presidential executive orders issued over the past 50 years, security classification policy and procedure provide the rationale and arrangements for designating information officially secret for reasons of national security, and for its declassification as well."
Library of Congress. Congressional Research Service
Relyea, Harold
2008-03-17
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Presidential Directives: Background and Overview [Updated August 9, 2007]
"From the earliest days of the federal government, Presidents, exercising magisterial or executive power not unlike that of a monarch, from time to time have issued directives establishing new policy, decreeing the commencement or cessation of some action, or ordaining that notice be given to some declaration. The instruments used by Presidents in these regards have come to be known by various names, and some have prescribed forms and purposes. Executive orders and proclamations are probably two of the best-known types, largely because of their long-standing use and publication in the Federal Register and the Code of Federal Regulations. Others are less familiar, some because they are cloaked in official secrecy. There is, as well, the oral presidential directive, the sense of which is captured in an announcement that records what the President has prescribed or instructed. This report provides an overview of the different kinds of directives that have primarily been utilized by 20th century Presidents. Presenting background on the historical development, accounting, use, and effect of such directives, it will be updated as events suggest."
Library of Congress. Congressional Research Service
Relyea, Harold
2007-08-09
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Presidential Directives: Background and Overview [Updated January 2, 2008]
"From the earliest days of the federal government, Presidents, exercising magisterial or executive power not unlike that of a monarch, from time to time have issued directives establishing new policy, decreeing the commencement or cessation of some action, or ordaining that notice be given to some declaration. The instruments used by Presidents in these regards have come to be known by various names, and some have prescribed forms and purposes. Executive orders and proclamations are probably two of the best-known types, largely because of their long-standing use and publication in the Federal Register and the Code of Federal Regulations. Others are less familiar, some because they are cloaked in official secrecy. There is, as well, the oral presidential directive, the sense of which is captured in an announcement that records what the President has prescribed or instructed. This report provides an overview of the different kinds of directives that have primarily been utilized by 20th century Presidents. Presenting background on the historical development, accounting, use, and effect of such directives, it will be updated as events suggest."
Library of Congress. Congressional Research Service
Relyea, Harold
2008-01-02
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Privacy and Civil Liberties Oversight Board: New Independent Agency Status [February 20, 2008]
"Recommended by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission), the Privacy and Civil Liberties Oversight Board (PCLOB) was initially established as an agency within the Executive Office of the President (EOP) in 2004. Critics, however, maintained that the board appeared to be a presidential appendage, devoid of the capability to exercise independent judgment and assessment or to provide impartial findings and recommendations. This viewpoint gained acceptance in the 110th Congress when the PCLOB was reconstituted as an independent agency within the executive branch by the Implementing Recommendations of the 9/11 Commission Act (IR9/11CA), signed into law on August 6, 2007. Monitoring the transition of the PCLOB to, and its initial operations in, its new independent status, this report will be updated as events warrant."
Library of Congress. Congressional Research Service
Relyea, Harold
2008-02-20
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Privacy and Civil Liberties Oversight Board: New Independent Agency Status [Updated March 13, 2008]
"Recommended by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission), the Privacy and Civil Liberties Oversight Board (PCLOB) was initially established as an agency within the Executive Office of the President (EOP) in 2004. Critics, however, maintained that the board appeared to be a presidential appendage, devoid of the capability to exercise independent judgment and assessment or to provide impartial findings and recommendations. This viewpoint gained acceptance in the 110th Congress when the PCLOB was reconstituted as an independent agency within the executive branch by the Implementing Recommendations of the 9/11 Commission Act (IR9/11CA), signed into law on August 6, 2007. Monitoring the transition of the PCLOB to, and its initial operations in, its new independent status, this report will be updated as events warrant."
Library of Congress. Congressional Research Service
Relyea, Harold
2008-03-13
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Presidential Directives: Background and Overview [Updated February 10, 2003]
"From the earliest days of the federal government, Presidents, exercising
magisterial or executive power not unlike that of a monarch, from time to time have issued directives establishing new policy, decreeing the commencement or cessation of some action, or ordaining that notice be given to some declaration. The instruments used by Presidents in these regards have come to be known by various names, and some have prescribed forms and purposes. Executive orders and proclamations are probably two of the best-known types, largely because of their long-standing use and publication in the Federal Register and the Code of Federal Regulations. Others are less familiar, some because they are cloaked in official secrecy. There is, as well, the oral presidential directive, the sense of which is captured in an announcement that records what the President has prescribed or instructed. This report provides an overview of the different kinds of directives that have primarily been utilized by twentieth-century Presidents. Presenting background on the historical development, accounting, use, and effect of such directives, it will
be updated as events suggest."
Library of Congress. Congressional Research Service
Relyea, Harold
2003-02-10
