On behalf of the Director of National Intelligence, I am pleased to make available the Fall 2007 Intelligence Community Legal Reference Book. The Intelligence Community draws much of its authority and guidance from the body of law in this collection. As the Director of National Intelligence seeks to better integrate the Intelligence Community, we hope this proves to be a useful resource to intelligence professionals across the Community. This document is the result of many hours of hard work. I would like to extend my thanks to those across the Community who assisted the Office of General Counsel in recommending and preparing the authorities contained herein.
Documents
2009 Hedge Fund 100
Asset totals reflect internally run, single-manager hedge funds and separate accounts, including long-only funds that charge hedge-fund-style fees; they exclude funds of hedge funds, overlay accounts, funds managed by third parties, mutual funds and traditional long-only money, dynamic money market funds, assets in collateralized debt and bond obligations, private equity and venture capital.
Documents
Barron’s 2009 Top 100 Hedge Funds
Despite a horrible year in most global markets, these 100 funds all have three-year annualized returns that run to solid double digits; a majority were up in 2008. Remarkably, one firm, Paulson, has two funds in the top four, No. 1 Paulson Advantage Plus (event-driven) and No. 4 Paulson Enhanced (merger arbitrage). In second place is Balestra Capital Partners, a global macro fund, third is Vision Opportunity Capital, a merger arbitrage fund, and fifth was Quality Capital Management-Global Diversified. Strong performance in weak markets is hedge funds’ most basic appeal and these funds did nothing to dispel that idea last year.
Department of Homeland Security
Introduction brief to the ISCe Satellite and Communications Conference
The National Communications System is responsible for assuring key national security and emergency preparedness (NS/EP) decision-makers have the ability to communicate through the full spectrum of crises. With the vast majority of the communications infrastructure owned by corporations, any successful strategy requires regular and meaningful interaction with industry.
U.S. Navy
Unknown Navy Project
This site is in Washington, D.C. on the National Mall just south of the railroad bridge that runs beside Route 1 and I-395, approximately 2 miles northeast of the Pentagon. The site is comprised of 2 large temporary buildings, one of which has large exhaust fans on the roof. As of 2006, there were signs at the site for Kiewet, a prominent tunneling firm. According to a Washington Post article from November 26, 2004, the Navy controls the site and describes it as a “utility assessment and upgrade”. The article says that “theories abound about the four-acre complex, which is dead center in a ring that includes the White House, the U.S. Capitol, the Pentagon, Reagan National Airport and the National War College. Is it a sophisticated sensor station, guarding the 14th Street bridge and other Potomac River crossings? Is it an excavation point for underwater barriers to protect the Washington Channel and Potomac River from submarines? Is it a staging area for Navy Seabees securing underwater cables between the White House and the Pentagon, across the river?”
Office of the Director of National Intelligence
Open Source Information System
The Open Source Information System was an unclassified network of computer systems that provides the intelligence community with open source intelligence. As of 2006, the OSIS name was retired and the network and content portions of the system were decoupled. The network portion of the system is now called DNI-U and the content portion is known as Intelink-U. According to the Army Foreign Military Studies Office, “Intelink-U is a virtual private network — a government intranet. It provides a protected environment to exchange unclassified and FOUO/SBU US Government and other open source data among Intelligence Community and other selected organizations. The Intelink-U firewalls safeguard government information resources and allow customers access to both the Intelink-U network and the public Internet. This gives Intelink-U users a single point of access to an unprecedented amount of unclassified open source information. “
Office of the Director of National Intelligence
National Open Source Enterprise
This Intelligence Community (IC) Directive (ICD) establishes Director of National Intelligence (DNI) policy and specifies responsibilities for the oversight, management, and implementation of IC open source activities . This ICD recognizes and establishes the roles and responsibilities of the Assistant Deputy DNI for Open Source (ADDNI/OS), the DNI Open Source Center (the Center). and the IC to ensure efficient and effective use of open source information and analysis.
Open Source Center
2009 Democratic People’s Republic of Korea Leadership Chart
The structure of this chart is primarily taken from a reference pamphlet published by the South Korean Ministry of Unification in January 2009, which appears to be based on the DPRK constitution. As such, this chart is a representation of the formal relationships between the various entities and does not necessarily reflect the actual hierarchy and power relationships in the North Korean system. Other sources include: DPRK, ROK, PRC, and Japanese media; the ROK National Intelligence Service website; the Ministry of Unification’s Key Figures of North Korea 2009; and Japan’s Radiopress North Korea Directory 2008.
Documents
The Agenda and Political Techniques of the American Israel Public Affairs Committee (AIPAC)
For over three decades the American Israel Public Affairs Committee (AIPAC) has been an effective lobby within Congress to ensure that Israel remains strong militarily and economically, and endures as a national homeland for Jews. While acknowledging its effectiveness, AIPAC critics maintain that AIPAC is an ex-officio arm of the Israeli government which shamelessly manipulates the political process whenever it decides that there is a perceived threat to Israel’s interests. This paper will examine AIPAC’s origins, its structure and agenda. and its lobbying techniques to better understand why AIPAC is considered by many to be the most influential Congressional lobby.
U.S. Army
Avian Influenza Pandemic May Expand the Military Role in Disaster Relief
Recent involvement by the U.S. military with hurricane relief and comments by the President on expanding the DOD’s role in disaster relief indicates increased missions for an already stretched military. The next national disaster facing the U.S. could be an influenza pandemic. The bird flu virus H5N1 currently threatening Asia and Europe can potentially mutate into a deadly human influenza pandemic with global consequences. The last major flu pandemic in 1918 killed 50 million people worldwide and 600,000 in the U.S. alone. The United States is not prepared for a human pandemic and the military will have a significant role in any national response. While some departmental level planning has been accomplished recently, interdepartmental coordination and clear identification of the lead federal agency is still lacking. This project explains possible effects of a pandemic on the U.S. and current responsibilities of federal departments involved in disaster relief. Analysis is presented on the evolving role the DOD plays should this event become reality and finally recommends preparations that should be accomplished to prepare the nation for this very real threat. An ad-hoc approach to a pandemic will have severe negative and far reaching affects on our nation and must be avoided.
Congressional Research Service
Information Operations, Electronic Warfare, and Cyberwar
This report describes the emerging areas of information operations, electronic warfare, and cyberwar in the context of U.S. national security. It also suggests related policy issues of potential interest to Congress. For military planners, the control of information is critical to military success, and communications networks and computers are of vital operational importance. The use of technology to both control and disrupt the flow of information has been generally referred to by several names: information warfare, electronic warfare, cyberwar, netwar, and Information Operations (IO). Currently, IO activities are grouped by the Department of Defense (DOD) into five core capabilities: (1) Psychological Operations, (2) Military Deception, (3) Operational Security, (4) Computer Network Operations, and (5) Electronic Warfare. Current U.S. military doctrine for IO now places increased emphasis on Psychological Operations, Computer Network Operations, and Electronic Warfare, which includes use of non-kinetic electromagnetic pulse (EMP) weapons, and nonlethal weapons for crowd control. However, as high technology is increasingly incorporated into military functions, the boundaries between all five IO core capabilities are becoming blurred.
Central Intelligence Agency
The Intelligence Community: 2001-2015
Daunting Challenges, Hard Decisions by Aris A Pappas and James M. Simon, Jr. CIA Editor’s Note: The authors intend this article to provoke a broad discussion of the role of intelligence in a constitutional republic during an era of accelerating…
Documents, Joint Chiefs of Staff
Military Deception
Care should be taken to protect the quality of information available for friendly decisions and public dissemination. This will ensure the JFC has accurate information by not allowing staffs to unknowingly perceive the joint task force’s (JTF’s) MILDEC efforts as accurate information. This will also ensure the information made public by the JFC is not part of any MILDEC action and lose the public’s trust.
Department of Health and Human Services, Department of Homeland Security
Leftwing Extremists
This assessment examines the potential threat to homeland security from cyber attacks conducted by leftwing extremists, a threat that DHS/I&A believes likely will grow over the next decade. It focuses on the more prominent leftwing groups within the animal rights, environmental, and anarchist extremist movements that promote or have conducted criminal or terrorist activities (see Appendix). This assessment is intended to alert DHS policymakers, state and local officials, and intelligence analysts monitoring the subject so they can better focus their collection requirements and analysis.
Department of Homeland Security
Rightwing Extremism
Rightwing extremist paranoia of foreign regimes could escalate or be magnified in the event of an economic crisis or military confrontation, harkening back to the “New World Order” conspiracy theories of the 1990s. The dissolution of Communist countries in Eastern Europe and the end of the Soviet Union in the 1990s led some rightwing extremists to believe that a “New World Order” would bring about a world government that would usurp the sovereignty of the United States and its Constitution, thus infringing upon their liberty. The dynamics in 2009 are somewhat similar, as other countries, including China, India, and Russia, as well as some smaller, oil-producing states, are experiencing a rise in economic power and influence.
Department of Homeland Security
Federal Continuity Directive 1
This Federal Continuity Directive (FCD) provides direction to the Federal executive branch for developing continuity plans and programs. Continuity planning facilitates the performance of executive branch essential functions during all-hazards emergencies or other situations that may disrupt normal operations. The ultimate goal of continuity in the executive branch is the continuation of National Essential Functions (NEFs).
U.S. Army
Civilian Inmate Labor Program
This regulation provides Army policy and guidance for establishing civilian inmate labor programs and civilian prison camps on Army installations. Sources of civilian inmate labor are limited to on– and off–post Federal corrections facilities, State and/or local corrections facilities operating from on–post prison camps pursuant to leases under Section 2667, Title 10, United States Code (10 USC 2667), and off–post State corrections facilities participating in the demonstration project authorized under Section 1065, Public Law (PL) 103–337. Otherwise, State and/or local inmate labor from off–post corrections facilities is currently excluded from this program.
Government Accountability Office
International Taxation
Eighty-three of the 100 largest publicly traded U.S. corporations in terms of 2007 revenue reported having subsidiaries in jurisdictions listed as tax havens or financial privacy jurisdictions. Sixty-three of the 100 largest publicly traded U.S. federal contractors in terms of fiscal year 2007 federal contract obligations reported having subsidiaries in such jurisdictions. Since subsidiaries may be established in listed jurisdictions for a variety of nontax business reasons, the existence of a subsidiary in a jurisdiction listed as a tax haven or financial privacy jurisdiction does not signify that a corporation or federal contractor established that subsidiary for the purpose of reducing its tax burden.
FEMA
National Continuity Programs
Continuity programs provide the foundation for Enduring Constitutional Government (NSPD-51/HSPD-20) and the Nation’s First Essential Function, “Ensure the continued functioning of our form of government under the Constitution, including the functioning of the three separate branches of government.”
FEMA
NCR Pilot Brief
H.R. 1 Requirements
Title IV of H.R. 1, the “Implementing Recommendations of the 9/11 Commission Act of 2007,” directs the Administrator of FEMA to:
1. (NLT 02 AUG 08) Develop standards for credentialing and typing Federal/Emergency Response Officials (F/ERO)
Status:
– FEMA Policy memo to OMB dated June 9, 2008, defined the F/ERO standard to be HSPD-12 eligible NRF, NIPP,
NCPIP (FCD 1) population
– NIMS Credentialing Guidelines posted on the Federal Registry on 24 December, 2008, formalized policy memo
for F/EROs
Department of Health and Human Services
HHS Pandemic Influenza Plan
This HHS Pandemic Influenza Plan provides a blueprint from which to prepare for the challenges that lie ahead of us. Being prepared and responding effectively involves everyone: individuals, communities, businesses, States, Federal agencies, international countries and organizations. Here at home, we can use this Plan to create a seamless preparedness network where we are all working together for the benefit of the American people.
Department of Homeland Security
Endgame
Endgame is the Immigration and Customs Enforcement (ICE), Office of Detention and Removal (DRO) multi-year strategic enforcement plan. It stresses the effective and efficient execution of the critical service DRO provides its partners and stakeholders to enforce the nation’s immigration and naturalization laws. The DRO strategic plan sets in motion a cohesive enforcement program with a ten-year time horizon that will build the capacity to “remove all removable aliens,” eliminate the backlog of unexecuted final order removal cases, and realize its vision.
Department of Defense
DoD Directive 8521.01E
Biometric capabilities shall be developed to be interoperable with other identity management capabilities and systems, both internal and external to the Department of Defense, to maximize effectiveness. System development and capability implementation strategies shall be harmonized, integrated, and unified with identity protection and management stakeholder organizations to ensure consistency with DoD identity management principles, directives, and vision.
Department of Defense
DoD Directive 3000.07
a. Recognize that IW is as strategically important as traditional warfare. Many of the capabilities and skills required for IW are applicable to traditional warfare, but their role in IW can be proportionally greater than in traditional warfare.
b. Improve DoD proficiency for IW, which also enhances its conduct of stability operations. Stability operations are a core U.S. military mission that the Department of Defense shall be prepared to conduct across the full range of military operations in accordance with DoD Directive 3000.05 (Reference (b)).
c. Conduct IW independently of, or in combination with, traditional warfare.
(1) IW can include a variety of steady-state and surge DoD activities and operations:
counterterrorism; unconventional warfare; foreign internal defense; counterinsurgency; and stability operations that, in the context of IW, involve establishing or re-establishing order in a fragile state.
(2) While these activities may occur across the full range of military operations, the balance or primary focus of operations gives a campaign its predominant character.
Department of Defense
DOD Directive 3020.26
All DoD continuity planning and programming shall:
(1) Be based on the assumption that no warning of attack or event will be received.
(2) Ensure the performance of MEFs during any emergency for a period of up to 30 days or until normal operations can be resumed. The capability to perform MEFs at alternate sites must be fully operational as soon as possible, but no later than 12 hours after COOP activation.
(3) Be based on risk-management assessments to ensure that appropriate operational readiness decisions consider the probability of an attack or incident and its consequences.
(4) Emphasize the permanent and routine geographic distribution of leadership, staff, and infrastructure in order to increase survivability and maintain uninterrupted capability to accomplish DoD MEFs.