Intelligence Authorization Legislation: Status and Challenges

Abstract

Over the years Congress has devised complex procedures for appropriations and authorization, but the pattern has been to separate the authorization and appropriation process and to establish separate committees to address the separate functions. Although intelligence spending has historically been shrouded in secrecy, the Constitution, statutory law, and legislative branch procedures apply to intelligence agencies as they do for all government departments and agencies. It is the purpose of this report to assess the effects of the absence of intelligence authorization legislation subsequent to FY2005, and indicate the substantial but limited effects of the FY2010 Intelligence Authorization Act (P.L. 111-259). It is recognized that the statutory requirements have been met by the catchall provisions in appropriations acts. The report will not focus on the reasons why Congress did not pass intelligence authorization; it is sufficient to note that Members did not choose to compromise disagreements either amongst themselves or with the White House on issues they considered important. In the absence of authorization legislation, intelligence activities continue to be carried out, and expensive and complex intelligence systems continue to be approved. But the process is somewhat different from that intended when the intelligence committees were established in the late 1970s, and there are significant implications for congressional oversight of intelligence activities and, arguably, for the nation's intelligence effort as a whole.

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Document Details

Document Type
Technical Report
Publication Date
Sep 18, 2012
Accession Number
ADA584871

Entities

People

  • Rebecca S. Lange
  • Richard F. Grimmett

Organizations

  • Library of Congress

Tags

Communities of Interest

  • Autonomy
  • Counter WMD
  • Cyber
  • Human Systems
  • Space

DTIC Thesaurus Topics

  • Artificial Satellites
  • Congress
  • Contingency Operations (Military)
  • Counterterrorism
  • Department Of Defense
  • Government Procurement
  • Governments
  • House Of Representatives
  • Intelligence Community (United States)
  • Law
  • Military Intelligence
  • Minority Groups
  • National Security
  • Nuclear Energy
  • Personnel Management
  • Surveillance
  • United States

Readers

  • Government and Public Administration Law.
  • Systems Analysis and Design