The National Security Agency: Issues for Congress (CRS Report for Congress)
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| Release Date |
Jan. 16, 2001 |
| Report Number |
RL30740 |
| Report Type |
Report |
| Authors |
Richard A. Best, Jr., Foreign Affairs, Defense, and Trade Division |
| Source Agency |
Congressional Research Service |
Summary:
The National Security Agency (NSA), one of the largest components of the U.S. Intelligence
Community, has reached a major watershed in its history. Responsible for obtaining intelligence
from international communications, NSA's efforts are being challenged by the multiplicity
of new
types of communications links, by the widespread availability of low-cost encryption systems, and
by changes in the international environment in which dangerous security threats can come from
small, but well organized, terrorist groups as well as hostile nation states.
NSA's efforts to adjust to the changing geopolitical and technological environment have
been
strongly encouraged by Congress and reflect a major shift in congressional oversight of the Agency.
Although Congress has always approved funding for NSA, for decades routine oversight was limited
to a few Members and staff. In the 1970s, congressional investigations of intelligence agencies
resulted in greater public attention to NSA and criticism of activities that infringed on the civil
liberties of U.S. persons. Subsequently, both the Senate and the House of Representatives
established intelligence oversight committees that have closely monitored NSA's operations.
The
Foreign Intelligence Surveillance Act (FISA) was enacted in 1978 to regulate collection by foreign
intelligence agencies of the communications of U.S. persons. The end of the Cold War, the
expansion of low-cost encryption and the explosion of communications systems led Congress to take
a more public profile in overseeing the large and secretive Agency.
Reacting in large measure to congressional concerns, NSA launched two separate management
reviews, one by outside experts, the other by longtime Agency officials. Both made strong criticisms
of Agency personnel policies, an outmoded organizational structure, and an unwillingness to utilize
civilian practices that more effective than those available in-house. The current NSA Director, Lt.
General Michael V. Hayden, USAF, has used these analyses to launch a series of major initiatives
designed to improve NSA's operations, to attract and reward more qualified people from
outside
industry, and is developing a major contract for outside support of its non-sensitive Information
Technology (IT) functions.
A major renewal effort is underway, but observers believe many challenges lie ahead that will
require congressional oversight. Many of the reforms in personnel policies recommended are
difficult to implement in a government organization, especially in an extremely tight market for
technical specialists. The technical complexities of dealing with widespread and sophisticated
encryption as well as the proliferation of communications devices remain to be resolved. NSA is,
along with other intelligence agencies, not well-positioned to analyze developments among the
assortment of terrorist groups and narcotics smugglers around the world that can seriously affect U.S.
interests. NSA has also come under heated criticism in the European Parliament for allegedly
collecting, in cooperation with the British, commercial intelligence to benefit U.S. corporations.
