HR 5167
Subject: Urgent Concerns Regarding H.R. 5167 and Its Infringement on Presidential Authority
Dear,
I am writing to express my grave concerns about H.R. 5167, the Intelligence Authorization Act for Fiscal Year 2026, which was introduced on September 8, 2025, reported from the House Permanent Select Committee on Intelligence on November 28, 2025, and is pending further consideration in Congress. While this bill purports to authorize appropriations for intelligence activities, it includes numerous provisions that impose excessive oversight, mandatory notifications, and restrictions on executive actions, thereby undermining the President's constitutional authority to manage national security, conduct foreign intelligence operations, and execute laws faithfully. This congressional micromanagement not only hampers the executive's flexibility in responding to threats but also represents an overreach that threatens the balance of powers essential to our democracy and national sovereignty.
Violations of Presidential Powers Through Specific Bill Provisions
H.R. 5167 is filled with sections that require advance notifications, reports, and approvals from congressional committees, effectively inserting Congress into the day-to-day operations of the intelligence community and limiting the President's discretion in critical areas such as counterintelligence, technology adoption, and foreign relations.
In Title I (Intelligence Activities), provisions set the stage for restrictions:
Section 102 establishes a classified Schedule of Authorizations, which must be made available to congressional committees and the President, but limits public disclosure and ties funding to congressional oversight, constraining the executive's ability to reallocate resources without legislative interference.
Section 103 authorizes funds for the Intelligence Community Management Account but subjects them to detailed congressional scrutiny, including classified annexes that require committee access.
Title III (Counterintelligence Reform) significantly expands congressional involvement:
Section 302 amends the National Security Act of 1947 to establish the National Counterintelligence Center, mandating quarterly briefings and annual reports to congressional intelligence committees on task force activities (Section 434), a national counterintelligence outlook every 5 years (Section 431), a National Counterintelligence Strategy every 3 years with implementation plans (Section 432), and semiannual reports on unauthorized disclosures (Section 415(e)). These requirements force the executive to divert resources to constant reporting, impeding timely decision-making in counterintelligence matters.
Section 303 and Section 304 include transition provisions and conforming amendments that enhance congressional oversight by transferring functions and requiring notifications for vulnerabilities within 30 days (Section 434(c)).
In Title IV (General Intelligence Community Matters), further encroachments occur:
Section 407 requires 30-day notices to congressional intelligence committees on the impact of diplomatic and consular post closings, including mitigation plans, directly interfering with the President's management of foreign affairs and intelligence collection abroad.
Section 408 mandates that the President issue or update policies on using classified data for AI training within 180 days, maximizing data use while protecting information, which imposes legislative directives on executive policy-making.
Section 409 requires guidance for accelerating AI reviews and notifications to committees if reviews exceed 60 days, micromanaging technology deployment in intelligence operations.
Section 410 demands development of metrics for technology adoption, with briefings to committees within one year, limiting executive innovation without congressional input.
Title V (Matters Relating to Elements of the Intelligence Community) extends restrictions:
Section 501 (Subtitle A) requires guidance on novel expenditures under the Central Intelligence Agency Act, with briefings to committees within 60 days.
Section 512 (Subtitle B) mandates oversight of vendor support for clandestine activities, including 7-day notices for exclusions and certifications/briefings to committees within 180 days and one year.
Section 521 (Subtitle C) requires 5-day notices to congressional leadership and committees on counterintelligence assessments of federal candidates or officeholders, inserting Congress into sensitive executive investigations.
Title VI (Open-Source Intelligence Matters) adds more layers:
Section 603 designates an official for overseeing commercially available information acquisitions, with annual briefings to committees, preventing duplication but requiring deconfliction that could delay executive actions.
These provisions collectively impose a web of reporting obligations and restrictions that slow executive responses to intelligence threats, particularly those involving foreign actors.
Constitutional Violations
These measures explicitly violate Article II of the U.S. Constitution, which vests executive power in the President:
Article II, Section 2 empowers the President as Commander in Chief and grants authority over foreign affairs, including intelligence gathering. Provisions like Section 407 on diplomatic post closings and Section 302's extensive counterintelligence reporting requirements encroach on this by mandating notifications and strategies that limit diplomatic and security flexibility, allowing Congress to second-guess executive decisions in real-time.
Article II, Section 3 requires the President to "take Care that the Laws be faithfully executed." The bill's pervasive notification mandates (e.g., Sections 409, 410, 512, 521) and policy directives (e.g., Section 408) hinder this duty by subjecting intelligence implementation to congressional delays and approvals, effectively granting legislative veto power over executive operations.
Although Congress authorizes appropriations under Article I, Section 9, H.R. 5167's detailed oversights transform this power into unconstitutional control over executive functions, violating the separation of powers.
Congressional Overreach as a Threat to Democracy and Sovereignty
This overreach threatens our democracy by creating inefficiencies that could compromise national security, such as delayed AI deployments or counterintelligence responses, making the U.S. more vulnerable to foreign adversaries. By demanding constant briefings and reports, Congress prioritizes partisan oversight over unified action, eroding the executive's ability to protect sovereignty in an increasingly complex global environment.
In his Farewell Address of 1796, President George Washington warned against the dangers of party divisions and foreign entanglements that this bill amplifies. On partisan splits, he cautioned: "The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension... is itself a frightful despotism." The bill's extensive reporting requirements to congressional committees, amid ongoing partisan debates in the 119th Congress, embody this factionalism, using intelligence authorizations as a tool for political leverage that deepens divisions and undermines effective governance.
Regarding foreign affairs, Washington advised: "It is our true policy to steer clear of permanent alliances with any portion of the foreign world," identifying the "trials of foreign affairs" that could ensnare the nation. Provisions like Section 407's notices on post closings and Section 302's mandates on counterintelligence strategies entangle executive intelligence operations in rigid congressional oversight, limiting the President's ability to navigate foreign threats independently and risking sovereignty through inflexible commitments—precisely the pitfalls Washington identified and warned the U.S. against.
Call to Action
I urge you to oppose H.R. 5167 or support amendments that eliminate these intrusive provisions and restore constitutional balance. Our nation's security depends on an empowered executive free from excessive legislative constraints. Let us honor Washington's warnings to safeguard democracy from internal strife and external vulnerabilities.
Thank you for your attention to this vital issue. I look forward to your response.
