RS20748
Protection of Classified Information by Congress: Practices and Proposals
January 27, 2010

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Summary

The protection of classified national security and other controlled information is of concern not only to the executive branch--which determines what information is to be safeguarded, for the most part--but also to Congress, which uses the information to fulfill its constitutional responsibilities, particularly overseeing the executive as well as legislating public policy. It has established mechanisms to safeguard controlled information in its custody, although these arrangements have varied over time, between the two chambers, and among panels in each. Both chambers, for instance, have created offices of security to consolidate relevant responsibilities, although these were established two decades apart. Other differences exist at the committee level. Proposals for change, some of which are controversial, usually seek to set uniform standards or heighten requirements for access. Classification of national security information is governed for the most part by executive order as well as public law. For coverage of this issue, see CRS Report RL33494, Security Classified and Controlled Information: History, Status, and Emerging Management Issues, by Kevin R. Kosar, and CRS Report RS21900, The Protection of Classified Information: The Legal Framework, by Jennifer K. Elsea, for more information. This report will be updated as conditions require.

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