Summary

GAO could not analyze national security directives issued by the Bush Administration because the National Security Council (NSC) would not give GAO access to them. While GAO does not know how many directives have been issued, 51 were issued through the fall of 1990. GAO examined unclassified NSC summaries of five directives issued by the administration and concludes that four of them make U.S. policy. In addition, a Congressional Research Service report notes that the administration also issued a classified national security directive requiring a study of future U.S. international broadcasting policy. NSC does not systematically or routinely inform Congress about national security directives before they are issued. Also, the Bush Administration has not declassified any directives. Unlike executive orders, national security directives embody foreign and military policy-making guidance rather than specific instructions, are classified, are usually directed only to NSC and the most senior executive branch officials, and do not appear to be issued under statutory authority conferred by Congress and thus do not have the force and effect of law.

GAO found that: (1) it could not determine how many NSD made and implemented U.S. policy; (2) four of the five unclassified NSD summaries reviewed addressed U.S. policy; (3) if pressed to provide the information, NSC would advise the president not to provide the information by invoking executive privilege; (4) none of the cognizant congressional committees regularly received copies of NSD or were asked to review NSD before they were issued; (5) the Bush administration has not declassified any NSD; and (6) unlike executive orders, NSD embody foreign and military policymaking guidance, are classified, are directed only to NSC and senior executive branch officials, and are not issued under statutory authority conferred by Congress. GAO noted that it could not analyze NSD issued by the Bush administration, since NSC did not give it access to NSD.