First, let me thank Helle Dale and John
Hulsman for their kind invitation to share my thoughts on
intelligence reform with such a distinguished audience. It is
indeed a pleasure to be associated the Heritage Foundation. For
over thirty years this institution has remained true to its
original purpose of formulating and
promoting conservative public policies based on the principles of
free enterprise, limited government, individual freedom,
traditional American values, and a strong national defense. The
Heritage Foundation certainly has earned the reputation for being
one of the premier think tanks in our nation's
capital.
Just three weeks ago, President Bush
signed into law the most sweeping intelligence reform legislation
since the National Security Act of 1947. The centerpiece of this
intelligence reform is the creation of a new position to lead our
intelligence community called the Director of National Intelligence
(DNI). The DNI will not head any single agency, as was the case
when the 1947 National Security Act created the Central
Intelligence Agency and dual-hatted the Director as the chief
intelligence officer of the U.S. as well as running the CIA.
Another positive aspect to the legislation is the creation of the
National Counterterrorism Center (NCTC) that will conduct strategic
operational planning for joint counterintelligence
operations.
Creating the DNI and the NCTC were
extremely important decisions. However, they only mark the
beginning of a long process, not the end. Today, I would like to
address several issues and questions relative to the intelligence
reform legislation. First, why was it necessary?
The answer to this question may seem
obvious, but it is worth repeating. Over the last decade, our
intelligence community has failed us. It wasn't able to penetrate
the al Qaeda terrorist organization and we paid a high price for
this failure. Prior to the first ever attack on the U.S. mainland
on 11 September 2001, we failed to interpret, analyze, and share
information gathered.
Later, the intelligence community
failed the President by presenting an inaccurate analysis of the
quantities and capabilities of Saddam Hussein's weapons of mass
destruction (WMD) and we subsequently learned that the CIA did not
have a single agent inside of Iraq to verify the true state of
these programs before we attacked Iraq in 2003.
Today, the intelligence community is
struggling to stay ahead of a host of threats to our security, from
the insurgency in Iraq that is taking American lives on a daily
basis to the continuing war on terrorism to the nuclear threat
posed by Iran and North Korea, to name but a few. Let me be clear,
there is an intelligence breakdown every time an improvised
explosive device, or IED, is detonated in Iraq killing American
soldiers.
My second question is whether or not
the intelligence reform legislation actually addresses our real
concerns and weaknesses in the intelligence community? Let me
approach this question by talking about traditional espionage,
known as human intelligence, or HUMINT - or simply
spying.
Americans like technology, and we are
good at it. Our ability to monitor certain activities via
satellites, signals intelligence, or other technical means, while
not perfect, is pretty good. Our weak point is HUMINT, which has
atrophied to the point that it must be rebuilt. HUMINT, relative to
the other intelligence disciplines, can tell us what the enemy is
thinking. The strength of good HUMINT is that it can answer this
key question: What are the enemy's intentions about when, where,
and how to strike?
As the Chairman of the
Subcommittee on Terrorism and Homeland Security in the House of
Representatives, I, along with Ranking Member, Representative Jane
Harman, submitted the first detailed report to Congress in July
2002 on intelligence deficiencies that existed prior to 11
September 2001. We identified systemic problems in the
CIA.
We pointed out that they
had lost their focus on HUMINT missions and needed to put more
collectors on the streets, rely less on other foreign intelligence
agencies, and find ways to penetrate terrorist cells. I am
particularly pleased that immediately following the release of our
report the CIA rescinded the so-called "Deutch guidelines" that
were implemented in 1995. Those guidelines prohibited the
expenditure of tax money being paid to individuals providing us
intelligence if they had a criminal record or any kind of
disparaging record in their past.
Having met personally
with CIA agents in countries with known terrorist activities, I
heard first-hand how these guidelines, while relaxed post 9-11,
were still a major hindrance for our agents to collect and gather
intelligence. Terrorist networks like al Qaeda are comprised of the
meanest, nastiest killers in the world and it was simply not smart
for us to limit whom our intelligence agents could recruit to
infiltrate terrorist groups. For us, this was a small but important
victory with respect to improving HUMINT.
We also noted that there
were significant problems in sharing intelligence within the
intelligence community, especially between the CIA and the
FBI.
HUMINT is a dirty business, a dangerous
profession, and we must be prepared to accept the risks associated
with spying on those who seek to harm us, whether they be a
terrorist group or a rogue nation-state like North Korea that is
developing the means to deliver nuclear weapons to close and
important allies, like Japan, or to our own state of Hawaii or even
the Pacific coast of the continental United States.
The "risk-avoidance" culture that has
infected the CIA and prevented us from getting into the inner
circles of al Qaeda or the regime in Iraq before the 2003 war must
be changed, and Porter Goss is working hard to do just that.
However, it will take time and a team dedicated to a new way of
thinking.
All of our intelligence capabilities
need improvement, but I want to stress that HUMINT is where we need
to put our priority of effort. Not all intelligence collection
disciplines are of equal importance for every threat that we face.
And, it is clear to me that HUMINT offers us the best chance to
protect ourselves and successfully win the war on
terrorism.
So, how does the new intelligence
reform legislation measure up relative to HUMINT? During the
national debate on intelligence reform last year there was general
acknowledgement that HUMINT needed to be improved; however, it was
not afforded the primacy in the legislation I thought it deserved.
In fact, HUMINT is not even mentioned once in the 26-page summary
of the Intelligence Reform and Terrorism Prevention Act of 2004
prepared by the Congressional Research Service (CRS), which is a
department of the Library of Congress! The reason al Qaeda was able
to attack us was because we didn't have spies to infiltrate their
organization. It had nothing to do with intelligence budget
execution or the reprogramming of funds.
During the implementation of the
intelligence reform legislation, the Congress must make sure the
primacy of HUMINT is emphasized and the morale of our intelligence
officers, especially those serving in dangerous under-cover
positions, is protected while the intelligence community enters a
period of turmoil caused by the reform legislation. And turmoil
there will be. In this regard, it is my hope that the Senate Select
Committee on Intelligence will introduce a subcommittee structure
and that one of the subcommittees should be devoted to
HUMINT.
Another aspect of the intelligence
reform debate that concerned me was the amount of discussion on the
size of the overall intelligence community budget controlled by the
Department of Defense.
It is abundantly clear
that we don't have enough spies on the ground and that we need to
make this an issue of the highest priority. Yet, somehow during the
debates in Congress and among the political pundits in the media on
intelligence reform the focus shifted from fixing our HUMINT
capabilities and further improving information sharing within and
among all relevant agencies of the government to discussing why
there is such a large percentage of the total U.S. intelligence
budget in the Defense Department.
As some see it, the
military's share of the overall intelligence budget, estimated at
about 80 percent, is too large and if a portion of this was
transferred to the DNI, our intelligence capabilities would somehow
improve. The apportionment of the intelligence budget is a
legitimate issue to discuss, but we should not allow it to divert
our focus from the pressing problems that need fixing, such as
HUMINT and information sharing.
HUMINT is a relatively
inexpensive intelligence discipline when you compare it to high
technology systems and platforms used by the military. When we put
a military intelligence satellite into orbit, the intelligence
budget needs to pay for its research and development and
production, the launch vehicle, ground stations, support personnel,
and communication links. The military collects intelligence from a
great variety of platforms, in addition to satellites: they use
ships, submarines, aircraft, UAVs, ground vehicles, and small
sensors used by individual troops on the ground. In order to move
the vast amounts of intelligence worldwide, securely and in near
real-time, the military has built information networks that are the
best in the world and continually improve them with new
technologies. So it should not be at all surprising that the
military's share of the intelligence budget is so large.
Now let me discuss an
issue that was not included in the recently passed legislation but
one that should be added to our national debate on intelligence
reform. The issue is, how will the DNI interact with the military
and vice-versa?
The DNI will inherit an
intelligence community made up of fifteen separate members, eight
of which are in the Department of Defense. Collectively, these
eight members are huge, with tens of thousands of uniformed
military and civilian personnel and multi-billion dollar budgets.
How someone outside of the military, like the DNI, could adequately
and efficiently manage these vast intelligence capabilities by
dealing with eight separate Department of Defense members is beyond
me. This is a major issue, and it must be addressed; otherwise the
DNI may have an unrealistically large span of control.
That is why I, in
conjunction with my Democrat colleague from Nebraska, Senator Ben
Nelson, plan to reintroduce legislation in the new Congress to
create a four-star command for military intelligence, or INTCOM.
This command would, for the first time, bring the majority of the
intelligence capabilities in the Department of Defense under a
single commander.
INTCOM would be the
single point of contact for the DNI in dealing with military
intelligence. The INTCOM Commander will have the dual
responsibility of being the one source for informing the DNI of
military intelligence requirements requiring support from the
entire intelligence community and being the one source for
assigning military intelligence capabilities to assist in
fulfilling the DNI's broader intelligence
responsibilities.
One of the U.S. Army's
nine Principles of War is Unity of Command. When this principle is
properly used, there is a common focus on reduction of duplication
and wasted efforts, vastly improved coordination, and - above all -
accountability. The military has already applied this principle
very successfully to several functional areas and created unified
combatant commands for Transportation, Joint Forces, and Special
Operations. The latter one, by the way, was established by
legislation over the objections of the then Secretary of Defense
and the Chairman of the Joint Chiefs of Staff.
There is no objection
today, however, to our Special Operations Command or any other
unified command. The fact is, whenever the military has created
either a functional or a geographic unified command, we have seen
better focus on the mission, better support from the military
services, and improved capabilities. A unified command for
intelligence will have the same benefits.
One of the major
responsibilities of the DNI will be to better integrate the current
fifteen members of the U.S. intelligence community. The DNI's task
will be far easier to accomplish if there is an INTCOM commander to
coordinate the disparate eight Department of Defense members into
one, thus reducing the total number of intelligence community
members from fifteen to eight.
Now let me turn to
information sharing. Intelligence is not an end in itself, but it
is a very necessary ingredient to formulating good policy and
protecting our nation's interests. The key is to harness all the
information we have and put in into a form that is manageable and
useful. Integral to this process is the ability to share the
information with those who need it and to continually update
it.
Imagine a commercial
travel web site like Expedia.com or Travelocity.com. You want to
travel on a certain date, you access the database, and the program
gives you every possible flight, connection, times, prices, and
will also get your hotel and rent-a-car reservations. In short,
every bit of information about traveling to your destination is at
your fingertips for you to make your decision. We need an
Expedia.com or a Travelocity.com for intelligence. Our analysts and
policy makers should be able to access common databases where
information is constantly being posted as it comes in so they can
get the most complete picture possible.
As you can see, I
strongly believe the process of intelligence reform is just
beginning and there is a lot of important work ahead to make sure
we get it right. And getting it right includes providing accurate
information, in a timely manner, to those who need it, whether that
is the U.S. President or a U.S. Army private.
We have made an important
decision in creating a Director of National Intelligence who is not
beholden to the CIA, the Department of Defense, or any other
agency. It is a good step, but it is just the first step in a long
process of intelligence reform.
If the new intelligence
reform legislation does not allow us to "connect the dots" and have
more "dots to connect" to prevent further attacks on the U.S. and
U.S. interests then we have failed in our effort to reform the
intelligence community.
No one knows at this
point if the new legislation will work or not. But, as I have
pointed out here today, it has a better chance to succeed it we
keep focused on these points:
-
Recognize the problems
with HUMINT and take the necessary steps to fix it, including
accepting the risks associated it, so we can actually infiltrate
organizations bent on our destruction;
-
Improve the quality of
Congressional oversight of the intelligence community by
instituting a subcommittee structure in the Senate Select Committee
on Intelligence;
-
Organize military
intelligence by bringing unity of command to the enormous defense
intelligence community to better help the DNI succeed in bringing
unity of effort to the broader intelligence community; and
-
Devise ways to improve
information sharing, and the management of enormous amounts of
intelligence. In this regard, we could take some lessons from our
commercial databases.
The Honorable Saxby Chambliss is a
United States Senator from Georgia and serves on the Senate Select
Committee on Intelligence.