Intelligence and Law Enforcement: Countering Transnational Threats to the U.S.

Publication Date: December 2001

Publisher: Library of Congress. Congressional Research Service

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Research Area: Government

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Abstract:

In the post-Cold War world, terrorism, narcotics trafficking, and related money laundering are perceived both as criminal matters and as threats to the nation's security. Often collectively termed transnational threats, these issues have become the concerns of law enforcement agencies as well as the U.S. Intelligence Community. Two foreign banking scandals in the late 1980s led to efforts to ensure that information in the possession of intelligence agencies would, in the future, be made available to law enforcement officials. In the mid-1990s, the Federal Bureau of Investigation began assigning additional agents to newly created offices worldwide. The tragic events of September 11, 2001 provide a clear demonstration of how large a threat international terrorism can become to national security. The Bush Administration and Congress have moved rapidly to promote intelligence/enforcement cooperation among U.S. agencies in the campaign against Al Qaeda.

This report looks at the separate roles and missions and distinct identities of intelligence and law enforcement agencies. Coordinating their efforts has raised significant legal and administrative difficulties that have been only partially overcome despite the creation of elaborate coordinative mechanisms under the oversight of the National Security Council. Some observers also have expressed concerns about the greater use of information derived from intelligence sources in judicial proceedings, fearing that it may lead to over-reliance on surreptitious means of information collection and, thus, undermine civil liberties. Other observers have cautioned that redirecting intelligence assets to collect information for legal cases may reduce support available to military commanders and policymakers. Some others believe that there may also be an overemphasis on law enforcement in dealing with problems arising abroad. The report notes the employment of covert actions by intelligence agencies in certain law enforcement efforts.

This report also addresses congressional oversight of the law enforcementintelligence relationship that is spread among a number of House and Senate committees, each of which has only partial jurisdiction. Some observers believe that there should be further efforts to base the evolving relationship in statutory law. They have argued that closer attention should be given to coordinating the emerging relationship between intelligence and law enforcement efforts while practices are malleable rather than to wait until bureaucratic rigidities set in or unfortunate precedents are established during crises.

Even with conscientious efforts at coordination, others have noted that fundamental differences remain between matters of law and of national interest in a world of sovereign nation states. Enforcement of international law and the extraterritorial application of U.S. law can be vigorously and, at times, effectively resisted by other countries. The necessity to adapt U.S. responses to transnational threats to specific situations can also undermine respect for law by making enforcement appear inequitable.