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1. Intelligence Transparency and Foreign Threats to Elections: Responsibilities, Risks, and Recommendations

Author:
Carrie Cordero
Publication Date:
07-2020
Content Type:
Special Report
Institution:
Center for a New American Security
Abstract:
As the United States nears a consequential November election in a charged political environment and society reels this year from a global pandemic, historic unemployment, and a summer of civic unrest and violence, the threat of malign foreign interference in the campaign season and election system looms. In 2016, policymakers and intelligence community leaders were reluctant to release information publicly regarding the activities of the Russian government intended to affect the election. This year, a new playbook is needed to ensure that the intelligence community, policymakers, and the public are in sync regarding transparency expectations about foreign threats to the election. The discussion that follows provides context—how intelligence transparency was addressed in the 2016 election, adjustments that were made for the 2018 midterms—and articulates responsibilities of the intelligence community versus the risks involved in greater transparency. The paper concludes with recommendations for transparency about election threats in order to protect against and mitigate ongoing foreign efforts to damage our stressed democracy.
Topic:
Government, Intelligence, Elections, and Democracy
Political Geography:
Russia, North America, and United States of America

2. Reforming the Department of Homeland Security Through Enhanced Oversight & Accountability

Author:
Carrie Cordero
Publication Date:
05-2020
Content Type:
Special Report
Institution:
Center for a New American Security
Abstract:
In November 2002, 14 months after the attacks of September 11, 2001, the Department of Homeland Security (DHS or the department) was created by Congress to make America safer from terrorism.1 At the time, the policy focus was on international terrorism, in particular al Qaeda. Since then, not only has the terrorism landscape evolved—from al Qaeda and its affiliates to ISIS to the present increased attention to domestic terrorism linked to white supremacist violence2—but the scope and complexity of national security threats have evolved. The new department centralized border security, immigration enforcement, transportation security, emergency management, and critical infrastructure protection, plus additional functions, with an intent to protect against future terrorist attack. The fundamental activities of the department, however, have always been broader than terrorism. And over the years, attention to the department has quickly shifted depending on the critical events of the time, whether a natural disaster, such as Hurricane Katrina in 2005, or persistent cyberattacks and other malign cyberactivity since the mid-2000s, or the emergence of a global pandemic.3 Meanwhile, due to a variety of factors, the size and complexity of DHS’s law enforcement functions have grown, while recent attention has focused primarily on the border and immigration functions. The department is arguably the most operational agency in the federal government in terms of its routine activities that affect and directly touch millions of people each day. These varying and disparate missions across the department are focused domestically and therefore require substantial attention to whether and how they are carried out in accordance with law and respect for constitutional protections. This report, issued as part of a Center for a New American Security (CNAS) project4 on enhancing DHS oversight and accountability, posits that 18 years into the department’s existence, the functions of border security and immigration enforcement, as well as the law enforcement functions of Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) in particular, have grown disproportionately large in size and broad in scope, without the necessary oversight and accountability structures that must accompany such activities.5 And DHS’s border and immigration functions are under tremendous strain as they are tasked with increased policy directives, humanitarian challenges on the southern border, intense political pressure, and growing public scrutiny about these functions. The department is in severe need of legislative attention and policy coordination. If it does not reform to address the issues identified in this report, it is likely the department will face calls for partial or full dismantlement under a future administration.6 Such a result would undo nearly 20 years of effort to better protect the nation from terrorism and emerging homeland threats, and risk returning to a pre-9/11 era of dis-jointed homeland security coordination.
Topic:
Security, Terrorism, Homeland Security, Accountability, and Oversight
Political Geography:
North America and United States of America

3. Rebooting Congressional Cybersecurity Oversight

Author:
Carrie Cordero and David Thaw
Publication Date:
01-2020
Content Type:
Special Report
Institution:
Center for a New American Security
Abstract:
Cybersecurity oversight is due for a reboot. This paper explores the need for refreshed congressional oversight of cybersecurity. After laying out why cybersecurity oversight presents special challenges, this paper suggests that the disparate nature of the cybersecurity policymaking legal framework is mismatched to the nature of the cybersecurity problem, resulting in difficulty legislating in this space. It then provides two key recommendations to guide a congressional cybersecurity oversight reboot. Cybersecurity is a broad challenge spanning many disciplines and industries. This paper argues that the current “patchwork” legal framework is ill suited to address cybersecurity questions either for legislative oversight or effective policymaking. The paper provides an overview of the nature and scope of the cybersecurity problem, with a focus on how the complexity of the field affects congressional oversight activities. Congress has been conducting a substantial amount of oversight in this area in recent years. Those efforts, however, have not yet resulted in legislative actions that have demonstrably improved national cybersecurity. This paper seeks to aid the effort to craft legal authorities that deal with an increasingly complex set of cyberthreats. This short exposition provides a path to rebooting Congress’ approach to cybersecurity oversight in a way that would allow these issues to be addressed more comprehensively.
Topic:
Security, Science and Technology, and Cybersecurity
Political Geography:
Global Focus

4. Intelligence Oversight Priorities for the 116th Congress

Author:
Carrie Cordero
Publication Date:
04-2019
Content Type:
Special Report
Institution:
Center for a New American Security
Abstract:
Congressional oversight is essential for providing accountability for the activities of the intelligence services.1 Effective oversight by the congressional intelligence committees – by an independent branch of government – is needed in order to monitor the adequacy of legal authorities, the lawfulness of activities carried out under those authorities, and the responsible application of public funds for intelligence activities. As elected representatives entrusted with providing an outside check on activities that are conducted out of the public eye, members of the committees serve a critical function in facilitating accountability, transparency, and confidence in intelligence activities conducted under law.
Topic:
International Relations and International Affairs
Political Geography:
Global Focus

5. Enhancing Congressional Intelligence Committee Effectiveness

Author:
Carrie Cordero
Publication Date:
08-2019
Content Type:
Special Report
Institution:
Center for a New American Security
Abstract:
In fall 2018, the Center for a New American Security (CNAS) initiated a foundation-funded project focused on bolstering bipartisan national security decision-making in Congress. As part of that effort, CNAS is focusing on challenges in conducting intelligence oversight. The project includes written reports, roundtables, engagement with congressional members and staff, and additional outreach bringing attention to the importance of bolstering meaningful and effective congressional intelligence oversight. The first paper in this series, Intelligence Oversight Priorities for the 116th Congress, was published in April 2019. This is the second paper in the series and intends to reboot the policy dialogue regarding steps the Senate Select Committee on Intelligence (SSCI) and House Permanent Select Committee on Intelligence (HPSCI) can take to enhance their effectiveness at overseeing the intelligence community’s activities and bolster public confidence in both their own activities and those of the intelligence community.1 The goal of this working paper is to provide a fresh assessment regarding whether the committees need significant structural reforms, assess which proposals previously generated are politically feasible, and identify areas for future research.
Topic:
Government, Intelligence, and Reform
Political Geography:
North America and United States of America