FAS

DoD Should Not “Categorically” Deny GAO Access to Intelligence

02.04.09 | 2 min read | Text by Steven Aftergood

Department of Defense intelligence agencies were told last week to consider granting requests from the congressional Government Accountability Office (GAO) for access to classified foreign intelligence information.

A new DoD directive (pdf) states explicitly for the first time that GAO requests for foreign intelligence and counterintelligence information may be granted:

“Although the Comptroller General may be prevented from compelling access to this information, such information should not be denied categorically.  Such information may be furnished to GAO representatives having a legitimate need to know.  Therefore, denials of access to such information must be carefully considered and supported legitimately.”

See “Government Accountability Office (GAO) and Comptroller General Requests for Access to Records,” Department of Defense Instruction 7650.01, January 27, 2009 (at page 6).

As of last year, 1000 GAO analysts held top secrecy security clearances and 73 were cleared for intelligence information (Secrecy News, “GAO and Intelligence Oversight,” August 4, 2008).

GAO access to intelligence information has long been a subject of dispute and controversy. By law (31 U.S.C. 716d), the Comptroller General who directs the GAO cannot compel executive branch agencies to disclose intelligence information. The Central Intelligence Agency has generally refused to cooperate with GAO auditors, while defense intelligence agencies have historically been somewhat more forthcoming.

Using GAO analysts to audit intelligence agency operations potentially offers a way to augment and improve congressional oversight of intelligence, the Federation of American Scientists and others have argued (pdf).

A bill to affirm the role of GAO in intelligence oversight was introduced by Senator Daniel Akaka (D-HI) in the last Congress.

“It is my strong belief that the Intelligence Community could benefit from the Government Accountability Office’s expertise in reviewing organizational transformations and management reforms,” Sen. Akaka said at a Senate hearing on the subject last year.

publications
See all publications
Emerging Technology
day one project
Policy Memo
Strategies to Accelerate and Expand Access to the U.S. Innovation Economy

With targeted policy interventions, we can efficiently and effectively support the U.S. innovation economy through the translation of breakthrough scientific research from the lab to the market.

11.27.24 | 16 min read
read more
Government Capacity
day one project
Policy Memo
Collaborative Intelligence: Harnessing Crowd Forecasting for National Security

Crowd forecasting methods offer a systematic approach to quantifying the U.S. intelligence community’s uncertainty about the future and predicting the impact of interventions, allowing decision-makers to strategize effectively and allocate resources by outlining risks and tradeoffs in a legible format.

11.27.24 | 5 min read
read more
Clean Energy
day one project
Policy Memo
The Energy Transition Workforce Initiative

The energy transition underway in the United States continues to present a unique set of opportunities to put Americans back to work through the deployment of new technologies, infrastructure, energy efficiency, and expansion of the electricity system to meet our carbon goals.

11.27.24 | 5 min read
read more
Clean Energy
day one project
Policy Memo
Promoting Fusion Energy Leadership with U.S. Tritium Production Capacity

The United States has the only proven and scalable tritium production supply chain, but it is largely reserved for nuclear weapons. Excess tritium production capacity should be leveraged to ensure the success of and U.S. leadership in fusion energy.

11.26.24 | 12 min read
read more