Congressional Oversight of Intelligence: Is the Solution Part of the Problem?

After presenting evidence that the current system of congressional oversight of intelligence is failing, this article analyzes how the system has been undermined by a toxic combination of problems: the intelligence committees' inherent informational disadvantage in relation to the executive branch, the jurisdictional morass in which the committees must operate and their own internecine partisanship. The article discusses a range of specific changes that could be made, but concludes that the critical ingredient in strengthening the oversight system is to emphasize the development of strong, nonpartisan committee leadership.     

Anti-Anti Terror: Color Coding and the Joke of “Homeland Security”*

Humor is, among other things, a form of critique in American politics. This is particularly true with regard to public policy about which we are sensitive. One aspect of the Bush anti-terror policy that was the subject of a great deal of humor was the color-coded warning system administered by the Department of Homeland Security under its first Director, Tom Ridge. This policy was the subject of so many jokes that it became an embarrassment. This article examines that situation.     

Agency Fever? Analysis of an International Policy Fashion

In the last 15 years, the governments of many OECD countries have transferred a wide range of functions to new, agency-type organizations. Allowing for the fact that, for comparative purposes, it is difficult precisely to define agencies, and further acknowledging that in many countries agencies are far from being new, it nevertheless remains the case that there seems to have been a strong fashion for this particular organizational solution.This article investigates the apparent international convergence towards agencification. It seeks to identify the reasons for, and depth of, the trend. It asks to what extent practice has followed rhetoric. The emerging picture is a complex one. On the one hand, there seems to be a widespread belief, derived from a variety of theoretical traditions, that agencification can unleash performance improvements. On the other hand, systematic evidence for some of the hypothetical benefits is very patchy. Furthermore, the diversity of actual practice in different countries has been so great that there must sometimes be considerable doubt as to whether the basic requirements for successful performance management are being met.     

What Makes an Agency Independent?

The responsiveness of government agencies to elected officials is a central question in democratic governance. A key source of variation in responsiveness is agency structure. Yet scholars often view agencies as falling into broad structural categories (e.g., cabinet departments or independent commissions) or fixate on some features of design (e.g., “for cause” protections). I develop new estimates of structural independence based on new data on 50 different structural features of 321 federal agencies in the federal executive establishment. Using a Bayesian latent variable model, I estimate independence on two dimensions: limits on the appointment of key agency decision makers and limits on political review of agency policy. I illustrate the value of this new measure by using it to examine how structure affects political influence and how agency independence can vary over time.     

Is the Tax Collection Effort an Indicator of the Financial Condition of Spanish Municipalities?

ABSTRACT

The financial crisis beginning in 2007 drastically affected the financial resources of different governmental organizations, causing critical imbalances between resources and expenditure needs. This study aims to analyze whether the municipal tax collection effort in Spain could be an indicator of the financial condition of these institutions. As a preliminary step, a new methodology is used to assess their financial condition. We test tax collection effort as an indicator on a sample of more than 5,000 Spanish municipalities with fewer than 75,000 inhabitants. Results confirm that the budgetary solvency dimension is associated with the tax collection effort for all municipalities studied. Furthermore, in municipalities with populations of fewer than 5,000 inhabitants, the level of the tax collection effort is indicative of most of the financial condition dimensions.     

What's the Harm? The Ethics of Intelligence Collection

Abstract

As the professional practice of intelligence collection adapts to the changing environment and new threats of the twenty-first century, many academic experts and intelligence professionals call for a coherent ethical framework that outlines exactly when, by what means and to what ends intelligence is justified. Reports of abuse at detention centres such as Guantanamo Bay and Abu Ghraib, the ever increasing use of technological surveillance, and the increased attention on the use of torture for intelligence collection purposes have all highlighted a need to make an explicit statement about what is and what is not permissible intelligence practice. In this article an ethical framework will be established which will outline under what circumstances the use of different intelligence collection activities would be permissible. This ethical framework will first underline what it is about intelligence collection that is ‘harmful’ and, therefore, should be prohibited under normal circumstances. The ethical framework then outlines a set of ‘just intelligence principles’, based on the just war tradition, which delineate when the harm caused can be justified. As a result, this article outlines a systemic ethical framework that makes it possible to understand when intelligence collection is prohibited and when it is permissible.     

Security Intelligence in the Middle East (SIME): Joint Security Intelligence Operations in the Middle East,c. 1939–58

Security Intelligence Middle East (SIME) remains an understudied aspect of British intelligence. In many respects it was a remarkable organization. Its wartime iteration was created in haste, ostensibly as a military body but based upon the Security Service's office in Cairo. It evolved into a truly ‘joint’ unit but culturally was closer to the Security Service (MI5) than either the military or the Secret Intelligence Service (MI6). SIME changed dramatically as a result of the end of the Second World War: it became the sole responsibility of MI5; local cooperation between MI5 and MI6 was scaled-down and became the focal point of a broader inter-intelligence service dispute in London; and new nationalist threats caught SIME off-balance and eventually undermined its raison d'être. SIME's contrasting wartime and peacetime iterations provide a useful example of how intelligence agencies respond to external pressures. It also provides a window into wider jurisdictional and constitutional conflicts at the heart of the relationship between MI5 and MI6, both during and after the war. Finally SIME shows practitioners what can be achieved under the right stimulus and what can be lost when that stimulus fades.     

Is there Something Wrong with Intelligence in France? The Birth of the Modern Secret State

The lack of academic interest in intelligence in France partly explains the prevalence of many preconceived ideas about French Intelligence. This article deals with the slow building of France's intelligence machinery in the nineteenth century, as part of a study of the modern French State. At this time, intelligence practices were transformed by the appearance of several intelligence bureaucracies. Studying three dimensions of the development – informal practices, formal organizations and statutory rules – the article demonstrates the closeness of intelligence to politics. Doing so it suggests that intelligence needs to be considered not only as an instrument of policy-making but as an actor at the centre of the modern French state, a part of its very essence.     

The Next 100 Years? Reflections on the Future of Intelligence

Abstract

A growing interest in the history of intelligence might be a way to learn more about not only the past, but also the dynamics shaping the future of intelligence. Intelligence is an evolving activity and the twentieth-century experience must be regarded as a phase in an ongoing transformation of its institutions, methods and roles. At least six fundamental processes can be identified as relevant to this re-shaping of intelligence in long perspective; the decreasing hegemony of national intelligence, the rise of new fields of knowledge with intelligence relevance, the diminishing relative importance of exclusive sources and methods, the rise of new actors producing and providing intelligence, the loss of an intellectual monopoly in a competitive knowledge environment and finally an increasing demand for reliable assessments and verification in a fragmented world of information.     

Is the Future of SSR non-linear?

This article explores issues around security sector reform (SSR) and the involvement of the international community in peace-building. It argues that the international architecture which surrounds SSR privileges a particular form of knowledge that reflects a technocratic approach to security, and illustrates this by systematically examining the literature. Research on the literature itself shows that three core themes dominate: state-centric approaches, technocratic approaches, and approaches to local ownership. These comprise a current, linear approach to SSR that ignores much of the critical literature on peace-building. The article then goes on to draw on some of this critical literature to develop an alternative approach to SSR building using a non-linear approach which incorporates a better understanding of institutional politics, an emphasis on process rather than structures, and analysis of hidden politics.     

Power to the legal professionals: Is there an Americanization of European law?

Twelve years ago, Robert Kagan asked “Should Europe worry about adversarial legalism?” He answered this question with a qualified “no,” and identified a number of sources of resistance to such a trend. More recently, he broadened the issue in this journal by asking whether European countries experience an “Americanization” of their legal systems. The articles in this Symposium on the Americanization of European Law all revisit that question. The present article introduces the topic, discusses the elements that make up adversarial legalism, and summarizes and compares the findings of the articles in the Symposium. The articles find an increase in one dimension of adversarial legalism, namely, more legalism, that is, more litigation, more formalism, and more verdicts interfering with politics, but hardly any increase in adversarialism. Tenacious pre‐existing national legal and political cultures and institutions resist a further move in the direction of American style adversarial legalism. The mix of more litigation, more legalism, and more politicization, overlaid on the pre‐existing hierarchic authority of courts and legal functionaries has, however, strengthened the societal and political power of the judiciary vis‐à‐vis other powers. A professional elite is increasingly making the political choices that in a democratic society ought to be made by democratic representatives. Perhaps Europe should worry about this.     

Agency Termination in the UK: What Explains the ‘Bonfire of the Quangos’?

In October 2010, the UK’s Coalition Government announced a radical reduction in the number of public bodies in the UK. This research tests the impact of three factors identified in the termination literature as affecting agency survival: political turnover, age and agency type. The research found that advisory Non-Departmental Public Bodies were five times more likely to have been identified for abolition or merger than other agency types. The research also found that agency age was a factor, but that political turnover was not significant.     

Is the Future of Electoral Reform Local?

The Electoral Reform Society has recently published two reports putting the case for electoral reform in local government. These suggest acceptance, in the wake of defeat in the 2011 Alternative Vote referendum, that the group's ultimate goal of change to the Westminster electoral system is unlikely to be fulfilled soon and that a more gradual strategy is therefore needed. This paper examines this shift by asking three questions. First, is Westminster electoral reform really a dead letter? Second, is local electoral reform more likely—and, if so, just how much more likely? Third, would local electoral reform matter in itself?     

Is an Early Start the Best Start?: Evaluating the Effectiveness of a Political Science Summer Bridge Program

Summer bridge programs are supposed to connect a graduating high school senior’s summer to their first semester in college, easing the transition away from home and into a university setting. Although research is plentiful on the programs, assessments regarding the overall effectiveness of such programs have been mixed (e.g., Cabrera, Miner, and Milem 2013 Cabrera, Nolan, Danielle Miner, and Jeffrey Milem. 2013. “Can A Summer Bridge Program Impact First-Year Persistence And Performance?: A Case Study Of The New Start Summer Program.” Research in Higher Education 54(5): 481–498.[Crossref], [Web of Science ®] , [Google Scholar]; Douglas and Attewell 2014 Douglas, Daniel, and Paul Attewell. 2014. “The Bridge and the Troll Underneath: Summer Bridge Programs and Degree Completion.” American Journal of Education 121(1): 87–109.[Crossref], [Web of Science ®] , [Google Scholar]; Grayson 2003 Grayson, J. Paul. 2003. “The Consequences of Early Adjustment to University.” Higher Education 46(4): 411–429.[Crossref], [Web of Science ®] , [Google Scholar]). As Cabrera, Miner, and Milem (2013 Cabrera, Nolan, Danielle Miner, and Jeffrey Milem. 2013. “Can A Summer Bridge Program Impact First-Year Persistence And Performance?: A Case Study Of The New Start Summer Program.” Research in Higher Education 54(5): 481–498.[Crossref], [Web of Science ®] , [Google Scholar]) note, many of the studies collect data from participants in a one-time satisfaction survey and/or do not have an equivalent group of students who did not participate in the program from which to compare effectiveness. Our proposed study mitigates these flaws by employing a nonequivalent-groups quasi-experiment (NEG). Our bridge program—called Early Start (ES)— tapped into social, emotional, and academic engagement, as we sought to integrate the students into the university and school communities while holding high expectations and actively involving them in their own learning (Tinto 2004 Tinto, Vincent. 2004. Student Retention and Graduation-Facing the Truth, Living with the Consequences. Washington, DC: The Pell Institute for the Study of Opportunity in Higher Education. [Google Scholar]). Results suggest that not only were students enrolled in our program better socially and emotionally integrated into the university during their first year but they also scored better on content-based political science questions at the end of the fall semester, compared to their non-Early Start peers. Finally, aggregated data indicate an increase in retention for Early Start participants.     

ODNI as an analytic ombudsman: is Intelligence Community Directive 203 up to the task?

In the wake of 9/11 and the war in Iraq, the Office of the Director of National Intelligence adopted Intelligence Community Directive (ICD) 203 – a list of analytic tradecraft standards – and appointed an ombudsman charged with monitoring their implementation. In this paper, we identify three assumptions behind ICD203: (1) tradecraft standards can be employed consistently; (2) tradecraft standards sufficiently capture the key elements of good reasoning; and (3) good reasoning leads to more accurate judgments. We then report on two controlled experiments that uncover operational constraints in the reliable application of the ICD203 criteria for the assessment of intelligence products.     

'As Rays of Light to the Human Soul'? Moral Agents and Intelligence Gathering

Calls to evaluate ethically the practices of intelligence collection have been prompted by debate over the decision to go to war in Iraq and by consideration of how best to respond to terrorist threats. Recently, they have been bolstered by allegations of prisoner abuse that some have linked to intelligence organisations. Such demands for judgement are articulated with equal measures of urgency and apprehension: there is a perceived need to make clear statements about what constitutes morally prohibited and permissible conduct with regard to intelligence gathering, and yet the tools with which one might perform such a task are not readily apparent. This article begins with three basic assumptions. First, intelligence collection does not exist in an amoral realm of necessity, but, rather, is a human endeavour involving choice and deliberation and, therefore, is vulnerable to ethical scrutiny. Second, there is no consensus on the moral guidelines to be invoked to engage in such scrutiny. There are many distinct ethical perspectives from which intelligence collection might be evaluated - and from which one might provide disparate judgements of the same action. Finally, the practices involved in intelligence gathering are equally multifarious and it would be unhelpful to attempt to cover them with a blanket justification or condemnation (from any perspective). Following on from these assumptions, this article sets out a simple typology of 'realist', 'consequentialist' and 'deontological' ethical approaches to intelligence collection and explores how different practices might be variously evaluated from each. The aim is to provide an initial step towards thinking about ethics and intelligence collection.