On the recordSeptember 26, 2002
If I could add to my answer, under present law the President has the authority to make that determination based on the primary function of an agency involving national security. Under this, national security does not appear. It says primary duty: intelligence, counterintelligence, or investigative work. It does not say national security. What it does say is that it must be directly related to terrorism. Terrorism is important. But there are national security concerns that do not necessarily have to do with terrorism. It is a limiting of the circumstances under which a President can make a determination.
Source
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