Number: RL32816
Title: The National Counterterrorism Center: Implementation Challenges and Issues for Congress
Authors: Todd M. Masse, Domestic Social Policy Division 
Abstract: The purpose of this report is to outline the commonalities and potential differences between EO 13354 and P.L. 108-458, as these conceptual differences could be meaningful in the implementation process of P.L. 108-458 and/or should the issue of intelligence reform be re-visited by the 109th Congress. The report examines some aspects of the law related to the NCTC, including the relationship between the NCTC's Director and the Director of National Intelligence (DNI), which may have implications related to policy and implementation of an effective and efficient nationally coordinated counterterrorism function. Moreover, the report examines several issues that may be of interest to Congress as the NCTC matures and evolves, including potential civil liberties implications of collocating operational elements of the traditional foreign intelligence and domestic intelligence entities of the U.S. Intelligence Community. While the appointment and confirmation of a DNI may resolve some of the uncertainty regarding the NCTC, the NCTC is only one of a myriad of complex issues that will be competing for the time and attention of the recently nominated DNI. An issue for Congress is whether to let the existing intelligence reform law speak for itself (and let certain ambiguities be resolved during implementation), or to intervene to address apparent ambiguities through amendments to the law now. Alternatively, the executive branch may choose to intervene to clarify apparent ambiguities within P.L. 108-458, or between EO 13354 and P.L. 108-458.
Pages: 16
Date: March 24, 2005