Congressional Record: June 19, 2002 (Senate)
Page S5774-S5780
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN:
S. 2645. A bill to establish the Director of National Intelligence as
head of the intelligence community, to modify and enhance authorities
and responsibilities relating to the administration of intelligence and
the intelligence community, and for other purposes; to the Select
Committee on Intelligence.
Mrs. FEINSTEIN. Mr. President, I rise today to offer the Intelligence
Community Leadership Act of 2002. This legislation creates the position
of Director of National Intelligence to lead a true intelligence
community and to coordinate our intelligence and anti-terrorism efforts
and help assure that the sort of communication problems that prevented
the various elements of our intelligence community from working
together effectively before September 11 never happen again.
While this bill will certainly not solve every problem within the
intelligence community, I believe it to be a necessary first step
towards getting our intelligence house in order.
The National Security Act of 1947, which created the bulk of our cold
war era national security apparatus, created both the Director of the
Central Intelligence Agency and the Director of Central Intelligence,
of which the CIA is but one component, as two positions occupied by one
person.
As Director of the Central Intelligence Agency, the person in this
position is the CEO of the Agency charged with collecting human
intelligence, centrally analyzing all intelligence collected by the
U.S. government, and conducting covert action.
As head of the intelligence community, which also includes the
Defense Intelligence Agency, the National Security Agency, the National
Reconnaissance Office, National Imagery and Mapping Agency, and the
intelligence-gathering elements of the FBI, as well as others, this
person is responsible for coordinating a multitude of agencies and
harnessing their efforts to secure the overall needs of U.S. national
security.
Although this structure served as well enough in the cold war, it is,
in my view, far from perfect, and, put
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bluntly, I do not believe that giving both jobs to one person makes
sense.
Moreover, just as the particular needs of the superpower rivalry of
the cold war drove the national security structure and apparatus put
into place by the National Security Act of 1947, so, too, should the
intelligence and anti-terrorism challenges that our country now faces
in the post-9-11 world drive the creation of new national security
structures adequate to the new challenge.
The President, in proposing the creation of the Department of
Homeland Security has addressed part of this challenge. But the
administration's plan does not do enough to address the need to better
coordinate our intelligence and anti-terrorism efforts.
To start to address these problems the Intelligence Community
Leadership Act of 2002 splits the current position of Director of
Central Intelligence, currently held by one individual, who is tasked
with running the CIA and the intelligence community as a whole, into
two positions: a Director of National Intelligence, DNI, to lead the
Intelligence Community and a Director of the Central Intelligence
Agency to run the CIA.
It may appear somewhat paradoxical to argue that in order to assure
closer and better coordination within and across our intelligence
community the current position of the Director of Central Intelligence
should be split, but this is, in fact, the case.
As a practical matter, the demands of these two full time jobs on the
time and attention of any person, no matter how skilled in management,
are overwhelming.
Indeed, running the intelligence community and running the CIA are
both important enough to be full time jobs.
That was true before September 11, and it is especially true after
September 11.
Even if one person could handle both jobs and reconcile the inherent
conflicts, there would remain the perception that he or she is favoring
either the community or the Agency.
That is not a formula which is well-suited to lead to a seamless and
fully integrated intelligence community providing optimum analytic
product to national decision makers or assuring that critical
intelligence missions are properly allocated and resourced.
Specifically, then, this legislation would create the new position of
Director of National Intelligence, DNI, a new independent head of the
intelligence community with the proper and necessary authority to
coordinate activities, direct priorities, and create the budget for our
nation's national intelligence community.
The DNI would be responsible for all of the functions now performed
by the Director of Central Intelligence in his role as head of the
intelligence community, a separate individual would be Director of the
CIA.
Nominated by the President, confirmed by the Senate, and serving a
ten-year term, the DNI would be insulated from the vagaries of politics
and specifically empowered to create the national intelligence budget
in conjunction with the various intelligence agencies within our
government.
The DNI would be able to transfer personnel and funds between
intelligence agencies as necessary to carry out the core functions of
the intelligence community, without the need to seek permission from
individual agency heads.
The Director of the Central Intelligence Agency, DCIA, freed from the
double burden as head of the intelligence community, would then be able
to concentrate on the critical missions of the CIA alone: Assure the
collection of intelligence from human sources, and that intelligence is
properly correlated, evaluated, and disseminated throughout the
intelligence community and to decision makers.
The critical policy and resource decisions of the President's
proposed Department of Homeland Defense will only be as good as the
intelligence which informs those decisions.
Whatever the other preliminary lessons we may draw from the ongoing
inquiry into the September 11 attacks, one thing is perfectly clear: we
need to better coordinate our intelligence and anti-terrorism efforts.
If the new Department, and the President and Members of Congress, are
going to be able to get the sort of intelligence we need to both
safeguard our citizens and protect American national security
interests, we need to address the structural problems that exist today
with our intelligence community.
I believe a first step in finding a solution to this problem is
relatively simple, enact legislation that would require the head of the
intelligence community and the head of the CIA to be two different
people.
That is what this legislation would do, and I urge my colleagues to
join me both on this legislation, and in considering other reforms
which may also be necessary to reformulate of intelligence community to
meet the challenges of the new era.
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