The Intelligence Authorization Act of 1991 and Its Implications for Congressional Oversight of Covert Action

Abstract

Although the Intelligence Authorization Act of 1991 enacted several important statutory requirements for the approval and reporting of covert operations, loopholes remain in the legislation that permit the president to delay notification of covert operations to Congress for extended periods of time and to involve nongovernmental entities in the conduct of such actions. The ambiguity created by such loopholes serves to blur the line between the powers of the executive and legislative branches and to increase the possibility of conflict between the president and Congress in the future. Effective oversight of covert operations in the 1990s will therefore rely heavily on the good faith of both members of Congress and executive officials and on the willingness of both parties to work together in an honest and cooperative fashion.