Congressional Record: September 10, 2004 (Senate) Page S9061-S9063 Intelligence Reform Mr. GRAHAM of Florida. Mr. President, I thank my colleague and good friend, Senator Kennedy, for his courtesy in allowing me to make these remarks at this time. Mr. President, this is a propitious moment. At exactly 8:46 tomorrow--Saturday--morning, we will observe the third anniversary of the crash of American Airlines Flight 11 into the North Tower of the World Trade Center. That moment changed our Nation and our world forever--and in the hours and days that followed the terrorist attacks of September 11, 2001, we in public office undertook an important obligation. [[Page S9062]] We vowed, in the memory of the nearly 3,000 innocent people who died that day, to take action to prevent attacks of that magnitude from ever happening again within our homeland. In his speech delivered before a joint session of Congress on September 20, 2001, President Bush put it this way: Americans are asking, How will we fight and win this war? We will direct every resource at our command--every means of diplomacy, every tool of intelligence, every instrument of law enforcement, every financial influence, and every necessary weapon of war--to the disruption and to the defeat of the global terror network. Unfortunately, one day before the third anniversary of 9/11, we have not met that commitment. We have failed to adequately focus on what it will take to fight this new threat, one that calls for new thinking and new governmental infrastructure. The No. 1 requirement for meaningful reform is strong and consistent Presidential leadership. We have seen leadership lacking at several crucial turning points in recent history, both before September 11, 2001 and since. I have believed for many months--since well before the final report of the independent 9/11 Commission was released in July--that the problems in our intelligence community are not a mystery, they are known weaknesses that simply have yet to be fixed. I commend the 9/11 Commission for its fine work, especially chairman and former Governor of New Jersey Tom Kean and vice chairman and former Congressman from Indiana Lee Hamilton. And I am optimistic that their report has shaken our nation's leaders out of their lethargy and caused them to focus on the need for reform of our intelligence gathering and analysis. But the record is clear. The 9/11 Commission's work built on a series of commissions and studies that offered recommendations for reform of the intelligence community going back nearly a decade. But those recommendations were--tragically--all but ignored. Just to mention the reports that were before the Congress and before the President, I would date these efforts to 1995, when Congress created the Commission on the Roles and Capabilities of the United States Intelligence Community, also known as the Aspin-Brown Commission. Its final report was issued on March 1, 1996. Since then, there have been the Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction, also known as the Gilmore Committee, which issued the first of its five reports in December 1999, the National Commission on Terrorism, also known as the Bremer Commission, which issued its report in June 2000, and the National Commission on National Security in the 21st century, also known as the Hart-Rudman Commission, which issued its final report in January of 2001. I ask unanimous consent to have printed in the Record the membership of each of these commissions, which demonstrates the quality of the individuals who studied these problems and made recommendations. There being no objection, the material was ordered to be printed in the Record, as follows: Members of independent commissions that have reviewed the Intelligence Community: Hart-Rudman Commission (2001): Gary Hart (co-chair), Warren Bruce Rudman (co-chair), Anne Armstrong, Norm R. Augustine, John Dancy, John R. Galvin, Leslie H. Gelb, Newt Gingrich, Lee H. Hamilton, Lionel H. Olmer, Donald B. Rice, James R. Schlesinger, Harry D. Train, Andrew Jackson Young, Jr. Bremer Commission (2000): L. Paul Bremer (chairman), Maurice Sonnenberg (vice chairman), Richard K. Betts, Wayne A. Downing, Jane Harman, Fred C. Ikle, Juliette N. Kayyem, John F. Lewish, Jr., Gardner Peckham, R. James Woolsey. Gilmore Commission (1999): James S. Gilmore, George Foresman, L. Paul Bremer, Michael Freeman, William Garrison, Ellen M. Gordon, James Greenleaf, William Jenaway, William Dallas Jones, Paul M. Maniscalco, John O. Marsh, Kathleen O'Brien, M. Patricia Quinlisk, Patrick Ralston, William Reno, Kenneth Shine, Alan D. Vickery, Hubert Williams. Non-voting participants: John Hathaway, John Lombardi, Michael A. Wermuth, Jennifer Brower. Aspin-Brown Commission (1996): Appointed by Pres. Clinton: Les Aspin, Warren B. Rudman, Lew Allen, Zoe Baird, Ann Caracristi, Stephen Friedman, Anthony S. Harrington, Robert J. Hermann, Paul D. Wolfowitz. Appointed by Congress: Hon. Tony Coelho, David H. Dewhurst, Rep. Norman D. Dicks, Sen. J. James Exon, Hon. Wyche Fowler, Rep. Porter Goss, Lt. Gen. Robert E. Pursley, Sen. John Warner. Mr. GRAHAM of Florida. Mr. President, finally, there is the report of our own House-Senate Joint Inquiry into the intelligence failures that surrounded 9/11, which I had the honor of co-chairing with Representative Porter Goss. The Joint Inquiry file our report with its 19 recommendations in December 2002. I ask unanimous consent to have printed in the Record the names of the members of the House and Senate Intelligence Committees in the 107th Congress who served on the Joint Inquiry. There being no objection, the material was ordered to be printed in the Record, as follows: House Permanent Select Committee on Intelligence, 107th Congress Membership Porter J. Goss, R--Florida, Chairman Nancy Pelosi, D--California, Ranking Democrat Republicans Doug Bereuter, Nebraska Michael N. Castle, Delaware Sherwood L. Boehlert, New York Jim Gibbons, Nevada Ray LaHood, Illinois Randy ``Duke'' Cunningham, California Peter Hoekstra, Michigan Richard Burr, North Carolina Saxby Chambliss, Georgia Terry Everett, Alabama Democrats Sanford D. Bishop, Georgia Jane Harman, California Gary A. Condit, California Tim Roemer, Indiana Silvestre Reyes, Texas Leonard L. Boswell, Iowa Collin C. Peterson, Minnesota Bud Cramer, Alabama Timothy R. Sample, Staff Director Michael W. Sheehy, Democratic Counsel Mr. GRAHAM of Florida. The declassified version was released to the public on July 24, 2003. I filed legislation, S. 1520, September 11, the Memorial Intelligence Reform Act, to implement those recommendations 1 week later on July 31, 2003. Each of these panels, in common, concluded major changes were needed to better protect the American people, including such steps as much longer human intelligence capabilities. Yet we did not see the leadership that was needed to fully implement any of those recommendations. Rather, when it comes to reforming our intelligence community, our Nation's leaders can be described as lethargic, at best, negligent, at worst. Let me be clear, my condemnation is not directed only at the current administration but previous administrations, as well. For instance, in my judgment, the Clinton administration was guilty of two principal failures. One, it did not seriously consider or initiate the changes necessary to move our intelligence agencies into the 21st century; second, it did not take adequate steps to wipe out the al-Qaida training camps in Afghanistan, camps which produced thousands of extremists trained in the effective skills of terrorism. The blame is not totally at the White House. This Congress deserves blame for its failure to move with a greater sense of urgency. I will discuss those failures in a future date. Now we have the 9/11 Commission report. We are likely to see passage of an intelligence reform package before the election. I am convinced the American people will recognize that valuable time has been lost in the 3 years since September 11, 2001, and should we suffer another terrorist strike on our land before these reforms are fully implemented, we will not be able to dodge tough questions about why we failed to respond sooner. It is abundantly clear that had we heeded the lessons to be learned from September 11, we might have avoided the embarrassing failures of intelligence on weapons of mass destruction that led us into the war in Iraq. President Bush should have exercised his full powers as Commander in Chief in the hours immediately after September 11 by calling together the leadership of the agencies whose failures contributed to that tragedy. The President should, in the bluntest of terms, have demanded a full review and a report and steps to correct these deficiencies to be [[Page S9063]] submitted to the Oval Office within no longer than 100 days. The No. 1 lesson of September 11 is obvious: Our intelligence on the terrorist threat was unreliable. It was subject to major gaps of necessary information and analysis. Had we applied exactly those same lessons learned as we prepared for the war in Iraq, the President would have had less confidence in the intelligence he was being given on issues such as weapons of mass destruction and the conditions that our military men and women would face during and after the initial assault. Ponder this: What a difference that would have made as we learn from the Senate Intelligence Committee report on the problems of pre-Iraqi war intelligence. If we do not now take action to remedy those weaknesses, we will not be able to avoid accountability for our failure to detect and deter the next attack. As has been demonstrated over the past decade, the fundamental opponent of intelligence reform is inertia and the natural tendency to maintain the status quo. Before we can get people to reject the status quo, there has to be, first, an agreement as to what are the problems to which the status quo has contributed. I have found that the medical model of first diagnosing a problem and then prescribing a remedy to be a useful prescription with social problems. Today, I want to give the diagnosis of our intelligence community that a careful physician might offer. Next week, I will come to the Senate to offer my prescription. This is what I consider to be five major problems and challenges facing American intelligence. One, the failure to adapt to a changing adversary and a changing global threat environment. Just as it was difficult 40 years earlier for the intelligence community to make the transition from the practices of the OSS against Germany and Japan, today's intelligence community has found it even more difficult to shift from the cold war to the war on terror. Our new enemy is distinctly different than we are. It is a non-nation state, asymmetrical in the extreme. It is motivated by a religious belief that denies the legitimacy of governments which intrude on the direct relationship which should exist between all law and man. We are almost deaf to the numerous, frequently arcane languages that our new adversaries speak. As a people and as a nation, the United States has limited expertise in their cultures. By the failure to make the transition to this new world we inhabit and the new threats we face, American intelligence is rendering itself less and less capable of bringing the security which our citizens need and deserve. A second failure is the repeated instances in which the intelligence community did not provide effective, strategic intelligence. In the summer of 2001, intelligence was reporting to American decisionmakers that, yes, al-Qaida was something of a threat to U.S. interests, but outside the country, not inside the homeland of the United States. So while we spent hundreds of millions of dollars to fortify our embassies abroad, we did virtually nothing to increase the safety of domestic commercial aviation. As the planning for the war was intensifying in the winter and spring of 2003, Secretary of Defense Rumsfeld and Deputy Secretary of Defense Wolfowitz reached two conclusions which were validated by intelligence, much of which came from the intelligence agencies within the Department of Defense. They claimed that after the war the U.S. troops would be received as liberators and that the Iraqi people would shower our troops with flowers, as the American soldiers had been welcomed in Paris in 1944. They went on to say that the Iraqis would turn on the faucets of that nation's oil riches and pay for the occupation and rebuilding of their nation. Sadly, of course, neither of these projections has come true. The third failure is the failure to establish within the intelligence community broad priorities and then to deploy the resources of the intelligence community behind those priorities. In December of 1998, former CIA Director George Tenet declared terrorism was the intelligence community's primary target, that America was at war with al-Qaida. The problem is that within the CIA and the other intelligence agencies few heard the battle cry and even fewer responded. Rather than set up intelligence systems to validate convenient political notions, we need a system that pursues mutually agreed-upon priorities Fourth, the intelligence community has not implemented the policies necessary to recruit, train, reward or sanction, maintain the talents or diversify its human intelligence capabilities. The U.S. human intelligence at the end of the cold war has been described as very deep in our knowledge of the Soviet target, almost ignorant about everything else. In the places where we most need human intelligence, such as in the Middle East and Central Asia, we are woefully deficient. The intelligence community's current recruitment and training regimes, which rely heavily on college campus career days, has been inadequate to overcome this handicap. We are confronting terrorists with a band of men and women who are enthusiastic to perform the challenging intellectual work of an analyst or the dangerous undertaking of an operative, but often lack the necessary skills to be effective. In my opinion, we need to rethink our system of intelligence recruitment, training, and performance evaluation. The fifth failure is the failure to realize that many of the most important decisions made by the intelligence community that were previously described as tactical have now become strategic. Unfortunately, the level and perspective of those tasking the gathering of that intelligence has not changed, often with highly adverse consequences. One of the reasons that congressional oversight of the intelligence community exists is because in 1960, in the days before a planned summit between President Eisenhower and Soviet leader Nikita Krushvchev, the Soviet Union downed an American U-2 spy plane. The tension surrounding the plane's mission and its downing aborted the summit, and that enraged Senator Mike Mansfield. This is what Senator Mansfield said: Not a single member of the Cabinet nor the President exercised any direct control whatsoever over the ill-fated U- 2 flight at the critical moment at which it was launched. He continued that the decision to undertake the flight ``owes its origin more to bureaucratic inertia, lack of coordination and control and insensitivity to its potential cost than it does to any conscious decision of politically responsible leadership.'' In other words, a tactical blunder had set back a strategic goal. Today, even more than in 1960, tactical intelligence gathering operations need to show an appreciation--a greater appreciation than is true today--for their strategic implications. Mr. President, it has been 3 years since we suffered the horror of September 11. The time to act is long since past. In future days, I will discuss recommendations to address what I think are the major challenges we face, and to urge the courage and commitment, will and urgency, to protect the American people in the way that we failed to do on September 11, 2001. Thank you, Mr. President. The PRESIDING OFFICER. The Senator from Massachusetts is recognized. ____________________