Statement on Signing the Intelligence Authorization Act for Fiscal Year 2010
Issued 2010-10-07 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
On October 7, 2010, President Obama signed the Intelligence Authorization Act for Fiscal Year 2010 into law. This was the first intelligence authorization act passed in nearly six years, and it funded and authorized programs for the Intelligence Community. The law included provisions to help intelligence agencies share information more effectively with the National Counterterrorism Center and the Office of the Director of National Intelligence.
In a statement accompanying his signature, President Obama explained how his administration would interpret certain provisions of the new law. He stated that a requirement to provide a "general description" of covert action findings to Congress would allow his administration flexibility in what to disclose based on protecting sensitive national security information. He also indicated that a requirement to provide "the legal basis" for intelligence activities would not require disclosing privileged advice or information in any particular form. Additionally, he explained that a provision requiring the new Inspector General of the Intelligence Community to report certain investigations to congressional committees would not require disclosing privileged or confidential law enforcement information.
This action affects how the Intelligence Community operates and how much information the President must share with Congress about sensitive intelligence activities. The constitutional debate centers on whether the President can use such statements to limit how he enforces parts of a law he has just signed, with critics arguing this resembles an unconstitutional line-item veto and defenders maintaining it represents legitimate executive interpretation.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This signing statement ("Statement on Signing the Intelligence Authorization Act for Fiscal Year 2010") was issued alongside a bill the President signed into law. The President's stated concerns: "sensitive national security information." Signing statements allow presidents to express constitutional or policy objections to specific provisions of legislation they have just signed. Their legal weight and constitutional propriety have been contested since the practice became common in the 1980s.
Critics — including the American Bar Association — argue that using signing statements to announce an intent to not enforce portions of a law effectively creates a line-item veto, which the Supreme Court ruled unconstitutional in Clinton v. City of New York (1998). Defenders argue presidents have a duty to identify constitutional concerns and that signing statements are a legitimate form of executive interpretation. The constitutional propriety depends on whether this specific statement announces non-enforcement or merely records the President's views.
Official Summary
Administration of Barack H. Obama, 2010 Statement on Signing the Intelligence Authorization Act for Fiscal Year 2010 October 7, 2010 Today I have signed into law H.R. 2701, the "Intelligence Authorization Act for Fiscal Year 2010." This is the first intelligence authorization act enacted in nearly 6 years, and it includes a number of provisions that will assist in the effective and efficient execution of Intelligence Community (IC) programs. One such provision would facilitate information sharing by IC elements with the National Counterterrorism Center and the Office of the Director of National Intelligence (ODNI). In a September 27, 2010, letter to Congress, the ODNI summarized my Administration's understanding of how sections 331 and 348 of the bill would be interpreted. In particular, section 331 addresses the fundamental compact between the Congress and the President regarding the reporting of sensitive intelligence matters as embodied in title V of the National Security Act. Section 331's requirement to provide a "general description" of a covert action finding or notification provides sufficient flexibility to craft an appropriate description for the limited notification, based