DNI Drags Heels on GAO Access to Intelligence

March 30th, 2011 by Steven Aftergood

http://www.fas.org/blog/secrecy/2011/03/dni_gao_access.html

The Director of National Intelligence has prepared a draft intelligence 
directive on access by the Government Accountability Office (GAO) to 
intelligence information, but it is “shockingly bad,” a congressional official 
said.

The GAO is an investigative arm of Congress that performs audits and reviews in 
support of congressional oversight and the legislative process.  But GAO access 
to intelligence information has often been frustrated by resistance from the 
executive branch, which has sought to strictly limit the conduct of 
intelligence oversight to the congressional intelligence committees.

In an attempt to clarify the role of the GAO in intelligence oversight, the 
2010 intelligence authorization act directed the DNI to prepare a new 
intelligence community directive to govern GAO access to intelligence 
information.  The first draft of the new directive is said to reserve maximum 
discretion to the DNI, and to offer little practical assurance that GAO will 
get access to the information it needs.

So, for example, the definition of intelligence information that may be 
withheld from GAO extends broadly to law enforcement, military and intelligence 
information related to national security.  GAO access is to be denied whenever 
it concerns information regarding “intelligence budgets or funding, or 
personnel information that… may reveal intelligence strategy, capabilities, or 
operations.”

“In other words, GAO cannot look at anything that involves money or people,” 
the congressional official told Secrecy News.  “Combine that with the sweeping, 
open-ended definition of intelligence and large chunks of the federal 
government suddenly vanish from [GAO] oversight– DOD, FBI, DHS, State 
Department, etc.”

In fact, because the pending Directive would extend to the entire intelligence 
community, it could actually make things worse than they already are by 
undermining current GAO oversight of military intelligence agencies, which by 
all accounts has been fruitful and effective.

Intelligence officials appeared to be taken aback by the criticism of the draft 
directive, which has not yet been released.  They said the draft is still in 
preparation and that it is not intended to undermine GAO’s oversight function.

But the Obama Administration has strongly opposed an enhanced role for GAO 
oversight of intelligence.  The Obama White House even threatened to veto the 
2010 intelligence authorization act over the issue.

Meanwhile, intelligence agencies are operating in an oversight vacuum without 
effective supervision of their spending practices.  Most of the agencies cannot 
and do not produce auditable financial statements, the Senate Intelligence 
Committee reported this month.

“The CIA has submitted its financial reports to an independent auditor but has 
received a disclaimer of opinion due to the inability of the auditor to gather 
certain relevant facts.  The NSA, DIA, and NGA are still not even prepared to 
submit their financial reports to independent audit,” the Senate Committee 
report (pdf) said.
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