IC and The 21st Centruy
IC and The 21st Centruy
IC and The 21st Centruy
21ST CENTURY
STAFF STUDY
PERMANENT SELECT
COMMITTEE ON INTELLIGENCE
HOUSE OF REPRESENTATIVES
ONE HUNDRED FOURTH CONGRESS
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STAFF STUDY
PERMANENT SELECT
COMMITTEE ON INTELLIGENCE
HOUSE OF REPRESENTATIVES
ONE HUNDRED FOURTH CONGRESS
WASHINGTON : 1996
U.S. CAPITOL
{202)225-4121
BOOM H-405,
April 9, 1996
Hon. Newt Gingrich
Speaker of the House
Washington, D.C.
Dear Mr. Speaker:
Staff members of this Committee recently completed a study entitled IC21: The
Intelligence Community in the 21st Century. This study has been carefully edited in
consultation with the appropriate agencies to remove any classified information. The
study represents the observations and conclusions of the staff. It does not represent
the views of all Members of the Committee.
Sincerely,
^COUMJJL,
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Larry Citynbest
Chairman
II.
52
III.
82
IV.
Collection Synergy
96
V.
120
VI.
122
VII.
144
VIII.
Collection: Launch
174
IX.
Clandestine Service
181
X.
223
XI.
239
XII.
Intelligence Centers
256
XIII.
272
XIV.
Intelligence Communications
291
XV.
Congressional Oversight
310
XVI. Appendices
A.
IC21 Hearings and Witnesses
331
B.
333
C.
335
Figures:
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1
2
3
4
5
IC Functional Flow
IC21 Staff Studies
IC21 Objective Community
IC Functions
IC Structure and Flow
4
6
49
50
51
The United States continues to need a strong, highly capable and increasingly
flexible IC. This need has not diminished with the end of the Cold War.
Indeed, the current international situation is, in many ways, more complex and
more difficult to deal with than was the relatively stable bi-polar Cold War.
Thus, although we find our national security less threatened, the demands for
intelligence remain. The focus of our national security has changed, but the
mission of the IC has not changed: providing timely, assessed intelligence to
civil and military policy-makers, supporting military operations and carrying out
certain operations - including covert action -- as tasked by legally responsible
officials.
IC21 is not simply an effort to reorganize the IC. Any major recommendation
for organizational change must come only from well-defined intelligence or
policy-maker needs.
To the greatest extent possible, the IC21 process should be public and
unclassified. One of the goals of IC21 is to renew a national consensus to
support a strong and capable IC. Such a consensus must rely on an easily
accessible body of information. This is an especially important function for, as
several witnesses have told the Committee, beyond Congress and the
Executive, there is no natural constituency for intelligence in the United States.
Finally, the focus must be on where the IC needs to be in the next 10-15 years,
not a snapshot of where we are today.
III. Methodology
After much preliminary staff study -- aided by a set of detailed questions sent
out to over 40 former and current officials with national security experience,
academics, and IC veterans - the Committee undertook IC21 with the view that it
would be most profitable to look at the IC largely in terms of functions across the
board, rather than agency-by-agency. It was felt that an agency-by-agency approach
would lead to either a confirmation or rejection of the status quo without providing a
basis for projecting future intelligence needs and how best to meet them. This
functional concept has been pursued along a number of parallel paths.
Figure 1 indicates the major IC functions as defined in the IC21 studies. They
are aggregated into three broad groups: management, execution and infrastructure.
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Second, the Committee has held six full committee hearings devoted to IC21
issues (see Appendix A for a list of hearings and witnesses). All but one of these
hearings have been held in open session, in keeping with the envisioned role of IC21
as a means of building a strong public consensus for intelligence.
Third, Committee staff undertook the 14 studies presented in this volume. As
Figure 2 indicates, these studies encompass issues within the broad areas of direction
of the IC; intelligence requirements; and collection, analysis and operations. There are
no staff studies specifically on intelligence products, although these products clearly
would be affected by the recommendations in the staff studies.
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Fourth, Committee staff has held 12 formal staff panels with various expert
witnesses as part of the background work on the studies. Committee staff also
conducted numerous interviews with national security, intelligence and technology
specialists in and out of the government on issues specific to the studies. (See
Appendix B for a list of staff panels.)
Fifth, the Committee's extensive work on the FY 1996 intelligence budget
authorization also yielded a great deal of information relevant to IC21 issues. This
work covered both functional issues and concerns of specific agencies. The
Committee held 11 authorization hearings, over 20 Member briefings and more than
200 staff briefings as part of that process.
Finally, the Committee has kept in close touch with other efforts that are reexamining the IC. Chief among these is the commission headed by former Secretary
of Defense Harold Brown and, prior to him, the late former Secretary of Defense Les
Aspin. Two members of that commission are also Members of the Permanent Select
Committee on Intelligence. The staffs of the Committee and the commission have
also been in contact throughout the past year. The Senate Select Committee on
Intelligence and the Council on Foreign Relations have also been examining some of
these same issues. Again, there have been ongoing contact among all of these
groups.
IV. Findings and Recommendations: Introduction
At the outset of IC21 we recognized that we were likely to arrive at a varied set
of findings and recommendations, some of which might entail legislation, while others
would not. Although our primary focus was and is on areas where Congress can
make positive changes and improvements through legislation, we also did not want
those other recommendations to be omitted.
Therefore, Findings and
Recommendations are divided into two groups, the first being those that are being
introduced as a bill with a view to action by the Congress, the second being those
that we believe the Executive should consider for action on its own.
Overarching Concept: The Need for IC "Corporateness". Throughout the IC21
process we were struck by the success of the Goldwater-Nichols reforms of the
Defense Department in 1986, and we continually referred back to them. Key to the
success of Goldwater-Nichols was a central unifying concept: "jointness," the idea
that the individual services had to improve cooperation and that a stronger JCS was
a major means towards this end.
The IC as we know it today is the result of half a century of ad hoc
development. Each agency or organization makes sense on its own, but if one were
to design an IC today from scratch, this is not likely to be the array that would be
chosen. Only intelligence, of all major government functions, is carried out by a very
disparate number of agencies and organizations that are either independent of one
another or housed in separate departments headed by officials whose main concerns
are policy, not intelligence. Indeed, referring to it as a "community" is more accurate
than most people realize, capturing as it does a sense of mutuality and independence.
We believe that the IC has served the nation well, but that given the
opportunity we now have to review the functioning of the IC, we can take steps to
rationalize some of its functions, to remove some redundancies, to give it greater
flexibility and responsiveness to policy maker needs and, above all, to give it a
coherence that it has not had.
Indeed, unless one looks at the intelligence process as an integrated whole
working towards an agreed end, the IC makes little sense and can become, in its
individual parts, self-serving.
We have concluded that a major key to an improved IC is the concept of
"corporateness," i.e., for the agencies and employees of the IC to run, to function and
to behave as part of a more closely integrated enterprise working towards a highly
defined common end: the delivery of timely intelligence to civil and military decision
makers at various levels. We believe that this higher sense of corporate identity can
be achieved without sacrificing services or functions properly designed to serve more
parochial intelligence needs.
either across the IC or even within its non-military portion - all of those agencies that
contribute to these three functions. Ultimately, the components of the IC become
internecine competitors. This is most often seen in debates over budgets, but it also
becomes apparent in competition among the three functions and within each of them
as well.
The role of the DCI is central to this debate. There are two stark choices that
would remedy this situation: (1) admit that the concepts of a DCI, of central
intelligence and of competitive analysis have not worked and return to a more
fractionated intelligence establishment in which components serve their individual
policy customers; or (2) attempt to strengthen the central aspects of the IC without
losing those facets of individual intelligence service that remain vital. It is the strong
conclusion of IC21 that this second choice, attempting to buttress stronger central
features while retaining important independent functions, is the right answer.
The role of the DCI is of the utmost importance to achieving this goal. There
are two broad areas at stake: (1) the role of the DCI vis-a-vis the President; and (2)
the DCI's role within the IC.
Several witnesses, including several past DCIs and Deputy DCIs, noted that the
degree to which the DCI visibly commands the respect and confidence of the
President is central to the DCI's effectiveness. Realistically, however, there is no way
to mandate or to legislate a close working relationship between these two officials.
Two suggestions repeatedly surface regarding the status of the DCI. The first is that
he be made a cabinet-rank official. The second is that he be given a fixed term of
office. IC21 does not believe that either of these has sufficient merit or would achieve
the goal of a stronger DCI.
A third suggestion is that he be relieved of his
responsibilities for the Central Intelligence Agency (CIA) and elevated to a position
over the entire IC.
Cabinet-rank for officials who are not members of the Cabinet [i.e., the heads
of departments) is merely an honorific. The United States does not have Cabinet
government; being designated a member of the Cabinet does not in any real sense
increase one's authority.
It certainly will not enhance or improve the DCI's
relationship with the President, which can only be based on a level of trust and
confidence. Indeed, mandating Cabinet-rank for the DCI while doing anything less
than creating a true Intelligence Department -- which no one has contemplated -- only
calls more attention to the disparity between the DCI's responsibilities and his
authority, even with the enhancements being proposed here.
10
The importance of the DCI's personal relationship with the President is also the
main argument against a fixed term. Proponents of a fixed term argue that this would
have several benefits. Ten years is often suggested, as has been done with the
Director of the Federal Bureau of Investigation (FBI). First, and perhaps foremost, a
fixed term would provide for greater continuity and stability than we now have. Until
1977, it was not customary for the DCI to be replaced with a new administration.
That is no longer the case. Moreover, the DCI's position has since been subjected to
fairly frequent turn-overs over and above presidential transitions. From 1973-1977
there were five DCIs; from 1991-1996 there have been four DCIs. However, a fixed
term could create the situation where a President would inherit a DCI with whom he
could not work. Although there would be greater continuity, the DCI's effectiveness
would diminish rapidly, a far greater loss. As noted, an analogy is often drawn to the
Director of the FBI. The comparison is inapt. First, the ten year term for the FBI
Director was enacted to limit tenure, not to ensure continuity from one administration
to the next. Second, the DCI is the chief intelligence officer and deals directly with
the President. The Director of the FBI is not the chief law enforcement officer; the
Attorney General is and serves at the President's pleasure. In sum, a fixed term would
not be an improvement.
The National Security Act states that the DCI is the head of the IC and the
President's principal intelligence adviser. Neither of these designations for the DCI is
the same as meaningful control. If the IC is to achieve a greater degree of centrality
and corporate identity, then the role of the DCI has to be changed. The glaring gap
between his responsibilities and his authorities has to be closed to the greatest extent
possible. The DCI should be viewed as a chief executive officer (CEO) of the IC, with
purview over all of its major functions and a greater degree of control over budgets,
resources and major policy issues that are common to all agencies. To do this in a
more coherent and more meaningful manner, the DCI needs managerial resources
dedicated to the operations of the entire IC -- a strengthened Community Management
Staff (CMS) -- and more authorities than are available to him today.
As noted, we do not find major flaws in the broader parameters of the role of
the DCI as currently described in legislation in terms of his tenure or his responsibility
for the CIA. Indeed, the testimony of former DCIs and other former senior IC officials
all concur that the DCI needs an agency "of his own" - i.e., the CIA -- if he is to have
any real power within the IC. Therefore, we would expand and strengthen the DCI's
authorities to include organizational changes that follow.
11
If the IC is going to achieve the goal of "corporateness," and if the DCI is going
to function as a true CEO, then he should have a greater say in the selection of his
"corporate team" -- the heads of the other major intelligence components. Current
law requires that the Secretary of Defense "consult" with the DCI in naming heads for
National Foreign Intelligence Program (NFIP) defense agencies. Although it is unlikely
that the Secretary of Defense would nominate someone to whom the DCI is strongly
opposed, it is possible. Instead, the DCI's concurrence should be sought. In the
unlikely event of disagreement, the issue could be referred to the National Security
Council (NSC) Committee on Foreign Intelligence (see below) or, ultimately, to the
President. But the importance of a truly corporate team requires a stronger DCI voice
in this process.
A similar case could be made regarding the selection of the heads of the
departmental intelligence units in the Departments of State, Energy and Treasury. We
concentrated only on the Defense NFIP agencies because of the larger importance and
role of these entities within the IC, especially in the area of collection, which cannot
be claimed by these non-Defense intelligence offices. This aspect of the relationship
between the IC and Defense, as well as the changing, more dynamic use of
intelligence in military operations, warrant this step.
It is a Washington truism that the power to shape and control budgets is the
essential bureaucratic lever for any manager. The IC budget is currently divided into
three major parts:
12
This organization may make the overall IC budget more manageable, but it also
has the effect of atomizing it into areas that are treated as distinct and separate
entities, rather than as parts of a larger whole. This arrangement makes it very
difficult to oversee intelligence as an end-to-end process or as a corporate entity.
Although the DCI has IC-wide responsibilities, only the NFIP comes directly
under his purview. Within the NFIP budget, however, the individual program
managers, i.e., those people who are responsible for developing and overseeing the
various NFIP programs, have a great deal of power, so much so that the NFIP is more
an aggregation of a variety of types of activities (some agencies, some collection
disciplines, some management activities, etc.) rather than a coherent whole.
FINDING: The DCI lacks the requisite authorities over the NFIP program
managers so that he can manage the IC as a corporate entity.
The DCI's ability to control the NFIP budget is also complicated by the fact that
a substantial number of organizations included in the NFIP are part of the Defense
Department. Thus, it is crucial that the DCI be able to work closely with the Secretary
of Defense, whose day-to-day control over intelligence dollars and personnel actually
exceeds that of the DCI.
FINDING: The vast majority of the NFIP budget is within the Defense
budget.
The DCI should have increased programmatic control
commensurate with his intelligence responsibilities, but can only do so
with the cooperation of the Secretary of Defense.
If the DCI is going to manage the IC on a more corporate basis, then he needs
greater authority over the program managers. Similarly, only the DCI has the IC-wide
oversight and responsibility to look at the budget as a whole, over and beyond these
separate programs. He should have the authority to transfer limited amounts of
money between NFIP programs or agencies without the programs manager's approval.
Inevitably, there will be a need to appeal such decisions. This can either be done
directly with the Secretary of Defense or, if necessary, within the NSC Committee on
Foreign Intelligence (see below).
13
People are the key element of the IC. All of the collection capabilities are
machines unless there are dedicated people behind them -- building them, operating
them, processing the data, analyzing it. In the area of personnel management we find,
again, that there are gaps between the DCI's responsibility and his current authority.
At present, only the personnel at CIA are under his control. If he sees an intelligence
need that can best be filled elsewhere, he can ask for those people, but he cannot be
assured of getting them. In an era in which much greater emphasis is being put on
multi-disciplinary analysis and on the use of IC centers (see below), this lack of
authority becomes debilitating. The DCI should have authority over all NFIP agency
personnel, including the right to assign them where they are most needed.
FINDING: Although the DCI should remain under the statutory direction
of the NSC, that body itself is rarely capable of providing the consistent
high-level guidance that is required.
Of the various sub-NSC bodies that have been created to deal with intelligence,
the Committee on Foreign Intelligence (CFI) created by President Ford in 1976
appeared to be among the more successful, in terms of its stated role, its membership
and its performance. Interestingly, the Senate Select Committee on Intelligence
proposed re-establishing this group in legislation in 1992, as has the Aspin-Brown
Commission. We believe that the CFI, properly constituted and empowered, can more
14
usefully serve as a body to provide the DCI and the IC with the necessary guidance
and policy-maker oversight. This is not meant to supplant the DCI's current direct
access to the NSC members; it is meant to give the DCI access on a more regular
basis to senior policy-makers who can give direction to the IC and can listen to and
relay IC concerns.
15
intelligence background. This is especially important if a DCI with less such
background is chosen. Given the important of these positions, the two DDCIs should
be confirmed by the Senate, just as is the current DDCI position.
The National Security Act currently mandates that either the DCI or the DDCI
can be an active duty military officer, but at no time can both be active duty military
officers. We believe this is a sound provision, and would extend it to include the
additional DDCI as well.
RECOMMENDATION:
Both DDCIs should have extensive national
security experience; both will be confirmed by the Senate. At no time
may more than one of these three (DCI, two DDCIs) be an active duty
military officer.
The growth and development of the IC into distinct agencies has led to
unwarranted duplication in what are, essentially, administrative and logistical
functions. This is not only duplicative and costly, but also can harm the ability of the
IC to operate as a corporate whole. There is no reason why many of these services
cannot be merged and run by a single entity - a new Infrastructure Support Office
(ISO).
RECOMMENDATION:
Consolidate and rationalize management of
infrastructure and services of common concern across the IC. These
should include at least personnel management, community-level training,
security, information systems and communications, managed by the ISO,
reporting to the DDCI/CM.
16
Like the DCI, the DMI also requires a bureaucratic and institutional base, in this
case the DIA.
Some have raised the concern that such a designation, while buttressing
defense intelligence, could over-empower the DMI, making him a difficult rival to the
DCI. We do not believe that this is likely, given the broader authority of the DCI for
all IC-wide activities.
RECOMMENDATION:
The DMI is a senior member of the U.S.
Intelligence Community and will be accountable to the DCI in all matters
relative to the IC.
Clearer responsibility should also be given for JMIP and TIARA. Given that
these are not national programs, but are focused more exclusively on military needs,
the most logical candidate for this would be the DMI. The DMI should not only be
responsible for the JMIP budget, but should also oversee how TIARA is connected to
and interacts with NFIP and JMIP.
FINDING: The NFIP, JMIP and TIARA budgets should be retained but
rationalized. The DMI should be responsible for building the JMIP and
overseeing how TIARA connects to and interacts with NFIP and JMIP.
The DMI's authority over budgets is crucial to his success. The DMI should
have broad authority over the two major parts of the defense intelligence budget, the
Joint Military Intelligence Program (JMIP) and the Tactical and Intelligence-Related
Activities (TIARA). The DMI, through his DMI staff, which works closely with the
17
CMS, ensures that JMIP and TIARA are coordinated with the NFIP in looking at an
overall IC budget.
We concur with the observation of former DCI Richard Helms that the President
needs his own analytical group and that if we did not have the CIA today we would
probably invent it. Underscoring this role means more than words. The CIA should
include not only its analysts, but a significant number of second- and third-tier
exploiters of the various intelligence collection disciplines. By bringing them closer
together we can achieve a true synergy between collection and analytical production,
rather than keeping them separate to the point where they sometimes seem like
competitors rather than parts of a larger corporate process.
Confirming this role for the CIA is not meant to diminish the importance of DIA
to its Defense customers. DIA consistently plays three key roles in the Defense
intelligence process: as an all-source analytical and production capability providing
products tailored to Defense officials' needs and in support of military operations; as
part of the larger IC competitive analyses; and management of Defense intelligence
18
production so as to reduce unnecessary duplication. DIA's significant all-source role
argues strongly that it, like CIA, should include second- and third-tier exploiters of the
various collection disciplines.
Nor should this role for the CIA diminish the role played by other departmental
intelligence entities for their specific consumers. They are also necessary to the
concept of competitive analysis, which we believe is useful to decision-makers
throughout the government. Moreover, each of these offices also contributes to ICwide analyses, such as National Intelligence Estimates.
Community Collection. Many people, when they think about intelligence, think
about spies or perhaps satellites - collection. Collection by a variety of secret
methods is, in large measure, what sets the IC apart from other information sources either within the government or in the private sector.
A. Clandestine Service. Clandestine activities are what most people think about
when they hear the word "intelligence:" Human Intelligence (HUMINT) collectors
(spies) and people carrying out covert action. These capabilities are housed primarily,
but not exclusively, in the CIA's Directorate of Operations (DO). This aspect of the
IC remains the most controversial, the most charged politically, and frequently a major
area of contention in congressional oversight.
We did not, as part of IC21, take up the issue of the propriety of these
activities. There will be a continuing need for HUMINT, as a major means of getting
access to plans and intentions. Similarly, we cannot see any reason to forswear the
ability to undertake covert actions completely. This capability remains necessary and
- when used properly within the context of well-defined policy and operational goals,
executed by legally responsible officials and with due executive and congressional
oversight - it remains important.
19
These are difficult tasks and should only be undertaken by individuals who not
only have the unique abilities required, but who adhere to the highest professional
standards and all legal requirements.
Clandestine collection entails many more risks than the technical collection
disciplines. Therefore, how and when it is used must be highly selective, responding
to carefully screened and highest priority requirements.
Having accepted the necessity for maintaining and, on occasion, using covert
action, we also recognize that these operations require the most careful management,
expertise and coordination. As one witness at an IC21 staff panel observed, these are
the operations that inevitably land the DCI in trouble. This tendency can be minimized
if careful attention is paid to the command and control of clandestine operations.
Under the current arrangement, the Deputy Director for Operations (DDO) is
three layers removed from the DCI, having between them the Executive Director of the
CIA and the DDCI. Even though the DDO can, presumably, see the DCI whenever
necessary, this distancing is too great.
20
The observation about the DO being the place that most often lands the DCI in
trouble rings very true. It should be made into a separate service and brought under
the DCI's direct control. This single Clandestine Service (CS) should include those
components of the Defense HUMINT Service (DHS) that undertake clandestine
collection as well. We do not believe that this division is of utility in terms of
collection. We are especially concerned that the Defense Department is unlikely to
give DHS the kind of authorities, attention, resources and career development
incentives that it will need to become a truly capable clandestine human collection
enterprise. Just as intelligence struggled for years to be recognized as a career
speciality within the armed forces, DHS faces the same challenge.
We believe that these two entities should be consolidated into one CS under the
operational control of the DCI. This is not meant to preclude the Service Intelligence
Chiefs from carrying out those clandestine collection activities specifically related to
the tactical needs of their Military Departmental customers or field commanders.
The unique activities of the CS are such that it cannot be managed within the
IC as simply another collection discipline. It is the only arm of the U.S. government
that has as a principal mission the breaking of foreign laws, something it does on a
daily basis around the world in the face of concerted counterintelligence efforts by
hostile foreign governments. Managing the CS is markedly different that managing
satellite-borne reconnaissance systems or listening posts on U.S. soil.
Moreover, the CS is more than an intelligence collection entity. As several
former DCIs have pointed out, the clandestine services are also the DCI's most
important "action arm," not only running covert action programs at the direction of the
President (a function whose utility we believe will continue to be important), but also
in managing most the IC's liaison with foreign government leaders and security
services. Each former DCI agreed that these activities demand the DCI's close
executive control. Finally, history has shown that the DCI cannot avoid responsibility
for being informed about and overseeing the activities of clandestine services.
Accordingly, he must avoid any management structure that attenuates his command
and control of the CS.
21
Given the political and administrative problems raised by clandestine operations
and covert action, their bureaucratic tie to the DCI must be made more direct. At
present as many as two or three officials are between the DCI and the CIA's DO.
Moreover, there are no compelling substantive reasons for the DO to be part of the
same agency as the analytic Directorate of Intelligence (Dl). This is largely the product
of historical accident and the bureaucratic aggressiveness of DCI Walter Bedell Smith,
who expanded CIA activities into both operations and analysis in the early 1950s,
when other agencies failed to meet policy-maker needs in these areas. Indeed, there
is a certain "apples and oranges" aspect to attempting to manage both of these
functions within one agency.
We believe that having the CS as a distinct entity, under the direct control of
the DCI, would rationalize the structure of the CIA as the premier all-source analytical
agency and reinforce the unique and highly valuable contributions of clandestine
operators. The CS and the CIA can continue to be housed in the same building.
However, both the CS and the CIA could also be managed more effectively if they
each had one major task.
Clandestine collection and covert action is not a place for amateurs. The CS
should be managed by a director chosen by the DCI from among the ranks of career
intelligence professionals. However, this is not meant to limit the choice only to those
who have served in the CS. In a more corporate IC, there will be senior managers
who are not career CS employees but whose managerial skills and breadth of
experience may make them suitable candidates to be the Director of the CS. After
much debate, we recommend that this individual not be subject to confirmation by the
Senate. The sensitivity of this position is such that the DCI must be free to choose
the man or woman upon whom the utmost reliance can be placed.
Senate
confirmation raises a number of other political considerations that might best be
avoided.
22
the implication of the creation of a single CS, including elements of DHS. In order to
assure that there is someone within the CS who is responsible for and extremely
knowledgeable about such operations, there should be a Deputy Director of two-star
rank for these activities.
RECOMMENDATION:
For intelligence collection tasking and
requirements purposes, the Clandestine Service should respond to the ICwide collection management process.
23
The stovepipe system also has a direct effect on analysis. Ideally, there should
be some sort of synergy among the various types of collection. A HUMINT report
should lead to an image as a means of confirmation; an intercepted signal should
confirm a HUMINT report, etc. Instead, there are added difficulties in terms of
analysts being able to use all types of intelligence on a routine basis. A system that
should be highly synergistic is, instead, fragmented and internally competitive. This
will become increasingly important as the complexity of national security concerns
grows. Transnational issues are proving to be more difficult to address than the
bipolar rivalry of the Cold War. Few issues appear to have the luxury of time in which
to be addressed and resolved.
A greater emphasis on all-source collection
management appears to be a strong necessity.
FINDING:
There is still very little collection synergy among the
intelligence collection stovepipes. As national security requirements
become increasingly complex and demanding (transnational issues, short
timelines), all-source collection management will be critical to future
success.
Production is, to some degree, taken as a given. Within production the lines as
to what constitutes analysis is becoming increasingly blurred. Signals Intelligence
(SIGINT) and Imagery Intelligence (IMINT) analysts do analysis: they analyze signals
and images for contents and meaning. Much of their work is an internal IC function,
often (although not always) destined to go from one analyst to another. But this is
different than "all-source" analysis, the synthesizing of all available intelligence into
a finished product, more clearly destined to go to a civil or military policy-maker.
There is a great need to sort out these roles and give them clearer meaning within the
IC and in relationship to one another.
24
Similarly, the three technical collection activities (SIGINT, IMINT and
Measurement and Signatures Intelligence -- MASINT) should stop being separate and
competing agencies. They represent parts of a larger whole and should be managed
as such. The link between the analysts who first receive information from the
technical collection activities and the all-source analysts is crucial. However, there are
other "exploiters" who can be housed directly with the all-source analysts. This
would improve the synergy between collection and analysis, improve the all-source
nature of analysis, and clarify blurring between different types of analysis and
reporting. This can be done without putting at risk the unique services they perform
for the military during time of war. Maintaining the designation of a "combat support
agency," which currently applies to NSA, is appropriate.
RECOMMENDATION:
Support Agency.
C. Technology Development Office. The IC has gone from being a leader in all
aspects of technology crucial to its work, to being a leader in just a few - primarily
the technical collection systems but not the various types of data processing systems
used to support them and other intelligence activities. As with all else in the IC,
budget pressures are forcing rather difficult choices on managers across the entire
range of activities. These pressures often lead managers to worry more about
answering the immediate needs than to plan for the future.
Research and
development (R&D) funding is a victim of this mentality, as the immediate effects of
deferring R&D are neither seen nor felt. However, given the strong dependence that
the IC has on technology, this is an extremely short-sighted view. Several issues are
at stake, among them: the ability of the IC to continue to be responsive to policy
maker needs, especially in a world that is more politically complex and therefore
requires a more flexible collection and processing base; rapid changes in information
technology that offer the near-term possibility of increased production and increased
synergy at decreased costs; and a necessary means of dealing with burgeoning
sources of information, including an explosion of available open sources.
At the same time, the stovepipe mentality of the IC has also led to a situation
in which there is duplication and increased costs that could easily be avoided.
Commonality in items now as basic as data processing remain the exception rather
than the rule. The net result of these trends is an IC that has gone from being a leader
to one that looks increasingly antiquated.
25
FINDING:
The IC's current system for acquiring reconnaissance
capabilities has unwarranted duplication, creating competition for
bureaucratic rather than developmental reasons.
Some argue that such an organization will undercut the main strength of the
NRO, its cradle-to-grave management of overhead systems. We believe that this view
overstates the NRO's role, which is direct in terms of R&D and acquisition, but indirect
in terms of the actual operation of these systems, which are carried out by
contractors. We wish to emphasize the NRO's direct strengths.
National Intelligence Evaluation Council. The IC has not been very capable in
terms of being able to evaluate its own intelligence process from end-to-end. This is,
admittedly, a difficult task, in part because there seems to be little respite in which to
do it. It is also difficult because there are few useful guidelines for assessing
production. Customer surveys, although constantly used, are rather pointless. Selfassessment is, at best, difficult. IC managers are constantly hard put to answer:
"What is the value added of intelligence to the policy process?" The fact that the
question is asked at all is troublesome. The fact that it cannot be answered is worse.
This type of evaluation is an extremely important task. Without being able to
assess whether or not tasking and collection respond to policy-maker requirements,
whether analysis is making the best use of resources, the IC process becomes rather
pointless. It appears to move more on inertia rather than on need. Being able to do
better is now even more important as resources either remain stable or shrink.
Without a better feel for the weak points and strong points across the entire IC
process, all parts will likely suffer, as will the contribution of intelligence to policy
making.
26
The IC already has an office charged with evaluations, as part of the National
Intelligence Council (NIC). This appears to be the logical group to charge with the
broader types of evaluation responsibilities noted above. Consonant with its new
mandate, this staff should be separated from the NIC and made a National Intelligence
Evaluation Council (NIEC) in its own right. The remaining part of the NIC, i.e., the
National Intelligence Officers (NIOs), would become part of the new CIA, as noted
above. The head of this new council would be appointed by the DCI, as is the current
head of the NIC, and would report directly to the DCI, so that the DCI can readily
oversee and assess the entire intelligence process.
27
The CIA already has in place procedures enabling it to increase its capabilities,
using former employees on a temporary basis. This capability should be augmented
into an IC civilian reserve program, in which experts not in the IC (in academia,
business, etc.) can be kept on retainer both to provide ongoing information on warning
and trends and to be utilized during crises to augment IC assets. Such a program has
several advantages. First, it allows the IC to concentrate on the current areas of
highest priority and concern while knowing that someone who is attuned to IC needs
is also keeping an eye on areas that are quiescent. Second, the ability to bring in
experts who understand local politics and players in a region is especially important
during the early phase of a crisis, when the IC is often scrambling to come up to
speed. Many of these experts can be kept on retainer and be asked to do unclassified
work, that, in effect, will provide the IC with more knowledgeable access to the open
sources. If the "reservists" are asked to work within the IC for extended periods, then
some thought has to be given to the issue of clearances and polygraph requirements.
A flexible approach to these issues would best serve the overall interests of the IC and
the nation.
There are many ways a civilian reserve program could be run. To be successful,
however, such a program would probably have to be developed and managed at the
Community level, so as to properly address administrative concerns (security, pay,
etc.) as well as substantive concerns - assuring that duplicative expertise is minimized
and agencies do not compete for resources to support individual reserve programs.
Some developmental work on a reserve program is being done at this time in the NIC.
This work should continue and a pilot program should be enacted in the near term.
28
Having said that, we are also aware that this continuing view of intelligence as
something extraordinary also puts pressures on intelligence oversight that are unique.
All oversight is a mixture of two roles: investigator and advocate. Being an advocate
for intelligence may be more difficult than for other government functions not only
because of the secrecy that is involved, which limits what can be said, but also
because of the ongoing suspicion about intelligence agencies and activities in some
quarters. Several former DCIs pointed out that intelligence, unlike other federal
programs, has no natural constituency. Therefore, if Congress is not prepared to act
as an advocate when that role is proper and necessary, no one else will. This aspect
of oversight is especially important if the IC and its necessary activities are to enjoy
even a minimal amount of public support.
As with all oversight, there is an inherent tension between the amount and type
of intelligence information that Congress believes it needs and what the Executive is
willing to provide. In the case of intelligence, this is exacerbated by the perception
that Congress is the major source of leaks.
29
Dealing with the intelligence budget raises some problems. As the IC budget
is classified -- both the overall figure and virtually all of the component parts -- it is
masked by being made part of the defense budget. Intelligence, in the House is
authorized separately, and then appended to the defense authorization. Should that
budget become subject to reductions, the intelligence budget often has to give its "fair
share," not for reasons inherent to the value of intelligence programs, but largely
because of this budget mechanism. This puts intelligence at a disadvantage.
Within the appropriations process, intelligence is dealt with in the National
Security Subcommittee. This also can result in intelligence being dealt with as an
appendage of defense issues rather than as a separate government function. This
process also results in a confused Congressional message on intelligence because of
the variety of reasons for which budget decisions may be made.
A major facet of the way in which the current intelligence oversight system was
created is the requirement that tenure on HPSCI be limited. This rule was adopted
because it was felt that past Congressional overseers had become too close to the IC
agencies over prolonged periods of time and had lost a certain critical objective edge.
Twenty years later, the costs of such a system are also apparent: a rapid turnover in
membership and in some senior staff, diluting the capabilities of the Committee. There
have been six chairmen of HPSCI over the last six Congresses. The oversight system
is now sufficiently mature to allow, at a minimum, an extension of the tenure rules
and serious consideration of ending tenure limits.
Similarly, thought should be given to changing the Committee from a select
committee to a standing committee. Again, this raises important questions, including
the degree to which this will be an attractive assignment; the continued utility of
having "cross-over" Members, particularly from Appropriations; and whether it is
better to have the Speaker make appointments to the Committee or leave it to the
majority caucus.
23-748 96-2
30
31
both program analysis and evaluation capability and comptroller capability if these
responsibilities are to be carried out effectively. These capabilities will also be
meaningless unless there is also the authority to withhold funds.
32
RECOMMENDATION:
Report.
33
34
Collection Synergy. Once requirements have been established, the next major
decision is the allocation of resources to meet these requirements, especially the
resources required to collect needed intelligence.
35
No other nation has collection capabilities comparable to those of the United
States. In terms of breadth and depth, the United States has enjoyed a vast
superiority as the result of major investments and a great deal of hard work.
Intelligence experts speak to one another about collection disciplines, i.e., the
basic groups into which collection fall:
SIGINT:
IMINT:
MASINT:
HUMINT:
OSINT:
signals intelligence;
imagery;
measurement and signature intelligence;
human intelligence; and, most recently,
open sources.
These five groups have not developed evenly and are not managed in similar
manners. Ideally, they should provide an array of information, allowing analysts to
confirm intelligence gleaned from one discipline by comparing it with that gathered
from others - creating a true synergy. Each discipline has particular strengths and
weaknesses, working better or worse than others against particular intelligence
problems. Together, it is hoped that they will minimize uncertainty and amplify that
which is known.
As managed today, there are impediments towards achieving this synergy.
Among the most obvious is the problem of stovepipes, the fact that each discipline
is managed with a great deal of independence from the others. As noted above,
rather than being allies, they become competitors, especially when intelligence
budgets are being developed. This internecine competition undercuts much of the
hoped-for synergy and can become increasingly debilitating.
FINDING: The U.S. has derived tremendous benefit from a balance and
interaction among the three technical intelligence disciplines (SIGINT,
IMINT, MASINT), HUMINT and open sources. However, the IC has not
managed collection consistently across the various INTs, thereby
decreasing efficiency and productivity.
36
RECOMMENDATION:
A CMS with IC-wide authority over, and
coordination of, requirements, resources and collection would greatly aid
collection synergy.
37
RECOMMENDATION:
The Air Force should modify its Evolved
Expendable Launch Vehicle (EELV) program to focus solely on the heavy
lift problem. The U.S. government should take advantage of the Medium
Launch Vehicle (MLV) competition between McDonnell Douglas and
Lockheed Martin in order to keep MLV costs low.
38
FINDING: SIGINT is already the most expensive of the collection
disciplines. Balancing the required level of investment in technology with
the maintenance of existing core capabilities is the true challenge for
SIGINT in the 21st century.
IMINT. The utility of imagery will continue both for those issues with which it
is most often associated - indications and warning, and military operations - but also
for many of the transnational issues that appear to be increasingly important in the
late 20th century.
39
FINDING: Imagery analysts are working with archaic tools; the current
acquisition process does not facilitate the timely infusion of new
technology.
FINDING:
The imagery community is badly fragmented.
Any
restructuring should be considered only within the wider context of all
other intelligence functions and activities.
FINDING: "Denial and deception" activities by foreign governments are
a current problem. As U.S. imagery capabilities become more widely
known, this problem will likely grow.
FINDING: The IC can use commercial imagery more effectively to meet
some requirements.
FINDING: Imagery dissemination to the military below the Joint Task
Force level remains a problem.
FINDING: The imagery community is not currently able to satisfy the
requirements for both immediate and detailed analysis.
RECOMMENDATION: The IC must improve its acquisition and use of
commercially-available imagery. Such imagery can be used in lieu of
more costly national assets. As demands to share imagery with nonAllies during multilateral operations increase, the use of commercial
imagery is especially important to obviate security concerns.
RECOMMENDATION: Set up an account for the easy purchase of
commercial imagery, done under common U.S. government licenses. A
central repository and indexing system should be created for easy access
by all users.
RECOMMENDATION: The IC must move to all-digital exploitation of
imagery, with access to cross-INT databases. Move to a "virtual analytic
environment," i.e., one in which analysts are connected electronically.
Increase funding to accelerate the procurement of softcopy (digital)
workstations for imagery analysts.
RECOMMENDATION: The IC should move aggressively to infuse new
technologies, such as automatic target recognition capabilities, in order
to help streamline the imagery exploitation process.
40
FINDING: The Central MASINT Office (CMO) has the requisite legal
authorities to carry out its responsibility of managing MASINT. However,
it is not staffed commensurate with its responsibilities, and a fractured
organizational structure limits its overall management abilities.
41
42
RECOMMENDATION:
Development of more flexible collection
capabilities should not only include moving to smaller satellites, but also
to developing and incorporating "tactical" satellites that would allow for
a "surge" in collection capability for specific crises.
43
44
FINDING:
The new operational strategy. Dominant Battlefield
Awareness, will require significant advances in technology, development
of consolidated requirements, coherent tasking management and
synergistic intelligence collection capabilities. It is necessary to give
serious thought to the amount of IC resources likely to be available to
support such strategies.
FINDING: There are several types of centers; they do not all perform the
same functions.
45
RECOMMENDATION:
The IC personnel evaluation and promotion
systems must accurately reflect and reward the performance of
employees detailed to centers.
FINDING: The National Security Act and existing Executive Orders are
sufficiently flexible to allow improved cooperation between law
enforcement and intelligence without blurring the important distinctions
between the missions and authorities of the two communities.
46
RECOMMENDATION:
Each law enforcement agency should be
responsible for its own coordination with the CS.
47
FINDING: The communications community is best suited for providing
specific standards and interface protocols to communications users to
ensure interoperability. It is also best suited to provide the majority of
U.S. government communications paths.
FINDING: Managing Command, Control and Communications (C3) with
intelligence in Defense, amalgamates these two activities, to the general
disadvantage of intelligence, which tends to get shorter shrift and is
overwhelmed by the much larger communications presence.
RECOMMENDATION: The IC should not have communications as a core
competency. It should be a communications user, with specifically
identified requirements, and should not directly contract for
communications "bandwidth."
RECOMMENDATION: The IC must complete a thorough study of total
IC communications needs and provide the results to the communications
community. Such a study must be continuously reviewed and updated
as new requirements emerge and as new capabilities and technologies
are brought into service.
RECOMMENDATION: The IC should maintain a consolidated core of
communications professionals whose primary tasks will be to act as the
"technological knowledge bridge" between the providers and the IC, to
define communications standards for the IC and to review current
capabilities and develop migration plans to meet developed architectures
and standards.
RECOMMENDATION: The IC should be fully compliant with the
standards of emerging U.S. communications systems whenever and
wherever possible, to ensure required data movement.
RECOMMENDATION: The IC should invest to ensure that its system for
collection, processing and analysis can access a communications point
for dissemination.
RECOMMENDATION: The IC must also invest to ensure the capability
to service unique communications requirements that cannot be satisfied
by the communications community. An example of this would be
support for clandestine communications.
RECOMMENDATION: The communications infrastructure supporting
intelligence dissemination must move to support a "virtual worldwide
architecture."
48
RECOMMENDATION: The IC must do a better job of putting intelligence
into a form that is usable with the users' systems.
RECOMMENDATION: The Secretary of Defense should exercise his
authority to create a separate Assistant Secretary of Defense for
Intelligence, reporting directly to the Deputy Secretary of Defense.
49
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52
One of the centerpieces of the Intelligence Community for the 21st Century
(IC21) review is a hard look at Intelligence Community (IC) management and the
development of a proposed community model that synthesizes the findings and
recommendations of the other staff studies. At the beginning of this undertaking, a
hypothesis was developed that the IC and its customers would benefit, either through
performance enhancement or cost reduction or both, from a more corporate approach
to intelligence. This hypothesis was then "tested" in the following specific areas:
planning, programming and budgeting; collection management; production
management; personnel management; and research and development. The goal was
to identify what specifically would improve management of these areas, and whether
or not a more corporate approach would be constructive. Then, if a more corporate
approach were dictated, to identify what changes in organization, function, and
authority would be required to achieve it.
Perhaps not surprisingly, we discovered that the Intelligence Community would
benefit from a more corporate approach in each of the major areas we addressed. In
order to form a flexible "tool kit" of capabilities for the future, the Director of Central
Intelligence (DCI) and his staff require additional authorities and different management
structures to create a unified, effective and efficient community. Services of common
concern should be consolidated at the community level. Programming and budgeting
and personnel management must be more centrally managed. Collection must be
managed coherently across the disciplines, with increasingly difficult resource trades
made at the community level in an informed, all-source process. Improved synergy
during collection operations, which will become more and more critical to success in
the 21st century, requires movement away from the traditional stovepipe approach to
collection. Research and Development requires closer coordination with requirements,
and a contingency fund for "good ideas" should be established to allow the
community to take advantage of technological targets of opportunity.
The community needs to become a corporate entity; personnel reform that
promotes lateral movement among agencies and a community SES cadre is essential.
The primacy of all-source analysis needs to be reinforced, and strong links forged
between analysts and policy-makers and analysts and collectors. The community
should be, and to an extent already is, moving toward a "virtual analytical
environment" that requires a new set of skills and management techniques. Increased
centralization of management functions must be balanced by a strengthened and
independent evaluative function.
53
Clandestine operations will continue to be both the riskiest and potentially the
highest-payoff intelligence operations, becoming increasingly important in the 21st
century due to the likely nature of future targets. This aspect of the intelligence
community requires a more intensive level of management involvement on the part of
the DCI and should be housed in a separate organization, with a direct reporting chain
to the DCI.
The defense intelligence community also stands to benefit from more coherent
and centralized management. A Director of Military Intelligence with enhanced control
over defense intelligence programs and operations would serve as both a senior
military advisor to the Secretary of Defense for intelligence, and a locus for the close
coordination required between the national and tactical intelligence communities and
budgets.
54
55
question of whether intelligence informs policy or serves it is truly a chicken-or-the-egg
issue -- we believe it must do both at different times. Tending too far in either of
these directions threatens lack of relevance on the one hand, and politicization on the
other.
The challenge for the IC is to maintain a balance of objectivity and
involvement, a goal that can only be met with the cooperation and understanding of
the policy community. This study assumes that the basic structure of the United
States government, including its policy apparatus, will remain relatively stable at the
departmental level, but that the policy community may be influenced positively by
recommended changes in its formal relationship to the IC.
Another basic question that must be raised is that of the evolving definition of
national security. Although there may be a consensus that intelligence exists primarily
to identify potential threats to the national security of the United States, the definition
of those threats, and perhaps the threats themselves, change over time. We have
seen an evolution from nation-based threats and conflicts to trans-national threats and
regional and ethnic strife. New areas of intelligence emphasis, such as proliferation
and terrorism, clearly represent emergent threats to our national security. Other, less
clear-cut areas of endeavor, such as economic and environmental intelligence, remain
subjects of debate concerning the closeness of their relationship with national
security, how much value intelligence actually adds to these areas, and at what cost
to other, higher priorities. Regardless, all of these areas of endeavor represent a new
level of complexity for the IC, requiring an "interdisciplinary" approach to intelligence
and a different set of skills than that needed in the Cold War world.
Each Administration will be faced with defining threats to national security, and
the results will vary. In the absence of definitive guidance, the IC will inevitably try
to be all things to all people. Therefore, it is a mistake to structure the community to
meet currently articulated or even projected future threats except in the most general
sense. In looking to the 21st century, it is important to reach a consensus on the core
missions and capabilities of the IC, and to add to those missions only on a pay-as-yougo basis. The new approach to mission-based budgeting, which creates four primary
mission areas (support to policy makers, support to military operations, support to law
enforcement, and counterintelligence), and within those areas identifies core
capabilities, sustaining capabilities and supporting capabilities, appears to be a move
in the right direction. The community of the future should be based on the capability
and flexibility to perform those basic functions -- a "tool kit," if you will, for the
challenges of the next millennium.
Within the IC, there are a series of checks and balances. Starting at the top,
the relationship between the DCI and the Secretary of Defense (SECDEF) epitomizes
an important tension in the community: support to military operations (SMO) versus
support to national-level policy makers. Considering that military operations are an
instrument of policy, SMO is in fact another facet of support to the policy-maker, but
it is of a different and potentially all-consuming sort. The Department of Defense
56
(DoD) is the largest customer of intelligence information, and that justifies its
significant voice in the process; the DCI, however, must be able to protect the equities
of the civilian policy-makers and the longer-term interests of the nation (a more
detailed discussion of this tension is contained in both the Intelligence Support to
Military Operations and the Intelligence Community Surge Capability staff studies).
That much of the intelligence community is a shared resource is at times problematic,
but is in accord with statutory direction to "eliminate waste and unnecessary
duplication within the intelligence community." It makes sense from a resource
perspective, as long as appropriate management safeguards exist to ensure that no
customer's needs are shortchanged in the process.
Another balance issue within the community is the role of the program manager
vis-a-vis the issue coordinator. The Needs Process has established an increasing
tension between the issue coordinators, who are looking across programs to fund
priority activities that contribute to their individual areas of responsibility adequately,
and the program managers, who are faced with satisfying the requirements of all of
the issue managers and must make internal trades to build a coherent and sustainable
program. This would be more of a contest if the issue coordinators had any real
leverage over the budget process, but currently they do not. A similar case is the
lesser, but still important, tension between functional managers and program
managers.
Because the program managers build the budget, and the issue
coordinators and functional managers can basically only advise and recommend, the
balance of power is skewed in favor of the program managers. In any scheme of
intelligence community management, there will be competing requirements of this
type. The challenge is to create a programming and budgeting process that minimizes
destructive competition and can adjudicate competing requirements and priorities in
a balanced way.
Finally, the Congressional intelligence oversight function, unique to this nation,
represents one of the legislative checks on the executive branch that is the hallmark
of our system of government. The two intelligence committees, in turn, provide a
check on each other in the performance of this function. Although this makes for a
complex and sometimes inefficient system, in the long run it protects the interests of
the American people. Within the IC as within the government at large, some of these
existing balances may need to be recalibrated; overall, however, they serve a useful
purpose and should not be lightly set aside.
III.
Summary of Findings:
Perhaps not surprisingly, we discovered that the IC would benefit from a more
corporate approach in each of the major areas we addressed. In order to form a
flexible "tool kit" of capabilities for the future, the DCI and his staff require additional
authorities and different management structures to create a unified, effective and
efficient community. Services of common concern should be consolidated at the
57
community level. Programming and budgeting and personnel management must be
more centrally managed. Requirements and collection must be managed coherently
across the disciplines, with increasingly difficult resource trades made at the
community level in an informed, all-source process. Improved synergy during
collection operations, which will become more and more critical to success in the 21st
century, requires movement away from the traditional stovepipe approach to
collection. Research and Development (R&D) needs to be more closely coordinated
with requirements and a contingency fund should be established to take advantage of
technological targets of opportunity.
The community needs to become a corporate entity; personnel reform which
promotes lateral movement among agencies and a community SES cadre is essential.
The primacy of all-source analysis needs to be reinforced, and strong links forged
between analysts and policy-makers and analysts and collectors. The community
should be, and to an extent already is, moving toward a "virtual analytical
environment" that requires a new set of skills and management techniques. Increased
centralization of management functions must be balanced by a strengthened and
independent evaluative function.
Clandestine operations will continue to be both the riskiest and potentially the
highest-payoff intelligence operations, becoming increasingly important in the 21st
century due to the likely nature of future targets. This aspect of the IC requires a
more intensive level of management involvement on the part of the DCI and should be
housed in a separate organization, with a direct reporting chain to the DCI.
The defense intelligence community also stands to benefit from more coherent
and centralized management. A Director of Military Intelligence (DMI) with enhanced
control over defense intelligence programs and operations would serve as both a
senior military advisor to the SECDEF for intelligence, and as a locus for the close
coordination required between the national and tactical intelligence communities and
budgets.
IV. Roles, Relationships and Authorities
Role of the DCI
The role and authorities of the DCI are central to achieving the goal of a more
corporate IC. There are two broad areas at issue: (1) the role of the DCI vis-a-vis the
President; and (2) the role of the DCI within the IC.
Several witnesses, including several past DCIs and Deputy DCIs, noted that the
degree to which the DCI visibly commands the respect and confidence of the
President is central to the DCI's effectiveness. Realistically, however, there is no way
to mandate or to legislate a close working relationship between these two officials.
58
Two suggestions repeatedly surface regarding the status of the DCI. The first is that
he be made a cabinet-rank official. The second is that he be given a fixed term of
office. The study group does not believe that either of these has sufficient merit or
would achieve the goal of a stronger DCI. The third is that he be relieved of his
responsibilities for the Central Intelligence Agency (CIA) and elevated to a position
over the entire IC.
Cabinet-rank for officials who are not members of the Cabinet (i.e., the heads
of departments) is merely an honorific. The United States does not have Cabinet
government; being designated a member of the Cabinet does not in any real sense
increase one's authority. It certainly will not enhance or improve the DCI's
relationship with the President, which can only be based on an existing level of trust
and confidence. Indeed, mandating Cabinet-rank for the DCI while doing anything less
than creating a true Intelligence Department -- which no one has contemplated -- only
calls more attention to the disparity between the DCI's responsibilities and his
authority, even with the enhancements being proposed here.
The importance of the DCI's personal relationship with the President is also the
main argument against a fixed term. Proponents of a fixed term argue that this would
have several benefits. Ten years is often suggested, as has been done with the
Director of the Federal Bureau of Investigation (FBI). First, and perhaps foremost, a
fixed term would provide for greater continuity and stability than we now have. Until
1977, it was not customary for the DCI to be replaced with a new administration.
That is no longer the case. Moreover, the DCI's position has since been subjected to
fairly frequent turn-overs over and above presidential transitions. From 1973-1977
there were five DCIs; from 1991-1996 there have been four DCIs. However, a fixed
term could create the situation where a President would inherit a DCI with whom he
could not work. Although there would be greater continuity, the DCI's effectiveness
would diminish rapidly, a far greater loss. As noted, an analogy is often drawn to the
Director of the FBI. The comparison is inapt. The DCI is the chief intelligence officer
and deals directly with the President. The Director of the FBI is not the chief law
enforcement officer; the Attorney General is and serves at the President's pleasure.
In sum, a fixed term would not be an improvement.
The National Security Act states that the DCI is the head of the IC and the
President's principal intelligence adviser. Neither of these designations for the DCI is
the same as meaningful control. If the IC is to achieve a greater degree of coherence
and corporate identity, then the role of the DCI has to be changed. The glaring gap
between his responsibilities and his authorities has to be closed to the greatest extent
possible. The DCI should be viewed as a chief executive officer of the IC, with
purview over all of its major functions and a greater degree of control over budgets,
resources and major policy issues that are common to all agencies. However, the
testimony of former DCIs and other former senior IC officials all concur that the DCI
59
needs an agency "of his own" -- i.e., the CIA - if he is to have any real power within
the IC.
The National Security Council
The National Security Act also places the DCI under the direction of the National
Security Council (NSC), The NSC is composed of four officials: the President, the
Vice President, and the Secretaries of State and Defense. The IC is a service
organization. It has no meaning without its relationship to policy makers. Thus, the
DCI must have regular contact with the NSC members. However, it is not reasonable
to expect that they can give the DCI and, through him, the IC, the kind of regular
executive guidance that was envisioned by the National Security Act. Indeed, in each
successive Administration, there has been some sort of sub-NSC group created to deal
with intelligence, reflecting the shortcomings of the NSC itself to carry out this role.
Finally, many witnesses at hearings and staff panels and the oversight
experience of this Committee indicate that certain intelligence activities - clandestine
operations and covert action - require special attention. These activities consume an
inordinate amount of the DCI's time, in terms of both management and testimony
before Congress. In the future, certain types of offensive information warfare (IW)
activities conducted in peacetime or outside the context of a military operation may
also fall into this category. We do not question the utility of these activities and
believe that the United States must have recourse to them. At the same time,
executive control can and should be made more direct. It is important for the DCI to
maintain close control over these activities.
The following recommendations are designed to resolve the issues noted above.
Beginning with the issue of executive guidance, of the various sub-NSC bodies created
to deal with intelligence, the Committee on Foreign Intelligence (CFI) created by
President Ford in 1976 appeared to be among the more successful, in terms of its
stated role, its membership and its performance. Interestingly, the Senate Select
Committee on Intelligence proposed re-establishing this group in legislation in 1992,
as has the Aspin-Brown Commission. We believe that the CFI, properly constituted
and empowered, can more usefully serve as a body to provide the DCI and the IC with
the necessary guidance and policy-maker oversight. This is not meant to supplant the
DCI's current direct access to the NSC members; it is meant to give the DCI access
on a more regular basis to senior policy-makers who can give direction to the IC and
can listen to and relay IC concerns.
Two Deputy Directors of Central Intelligence
As noted, we do not find major flaws in the broader parameters of the role of
the DCI as currently described in legislation in terms of his tenure or his responsibility
for the CIA. The DCI should continue to serve at the pleasure of the President and
60
continue to exercise control over the CIA and the Community Management Staff
(CMS), and have direct control over the Clandestine Service. The DCI would, thus,
continue to have multiple major responsibilities. All DCIs have found this a broad and
sometimes difficult mandate. The ability to delegate is important, although it has been
done differently by virtually every DCI. The current DCI, for example, relies on two
executive directors - one for the CIA and one for the CMS. Their titles belie their
responsibilities. The positions responsible for these two large parts of the DCI's
portfolio should be enhanced and their duties better defined. Given the importance
of their positions, Senate confirmation also appears necessary. Some permanence in
the DCI's supporting structure is needed and can be achieved without losing
necessary flexibility. It also allows for greater institutional continuity, clearer definition
of responsibilities and improved congressional oversight.
In order to minimize superfluous bureaucratic layering, we concluded that the
current position of Deputy DCI (DDCI) should specifically be given day-to-day
responsibility for the CIA, whose enhanced analytical responsibilities are discussed
below. This would reduce layering, would continue to give the DCI direct access to
his major bureaucratic and institutional base, and yet would relieve the DCI of many
lesser administrative concerns. Paralleling this first DDCI, there should be a second
DDCI for Community Management, for much the same reasons, with purview over the
collection, acquisition and infrastructure elements of the IC. There are also changes
in the DCI's budget and personnel authorities, noted below. As currently allowed by
law, either the DCI or one of his DDCIs -- but no more than one -- could be a military
officer. The DCI would select which of the DDCIs would act as DCI in his absence.
As noted above, the importance of the DCI's relationship with the President is
such that few prerequisites for nominees should be imposed. However, to the extent
possible, these DDCI positions should be considered as professional as well as political
appointments and should go to individuals with extensive national security or
intelligence background. This is especially important if a DCI with less such
background is chosen. The two DDCIs should be confirmed by the Senate, just as is
the current DDCI position.
The Central Intelligence Agency
The CIA, which would now be directed by the DDCI, was envisioned by
President Truman as a coordinator of disparate intelligence being produced by other
agencies. The CIA quickly became a producer in its own right because of policymaker demands, the unwillingness of then-existent agencies to respond, and an
aggressive CIA leadership. Although this is different than President Truman's vision,
we do not believe that this development should be reversed. Indeed, it would appear
more profitable to underscore the CIA's analytical role by confirming it as the premier
all-source [i.e., deriving its analysis from all intelligence collection disciplines) analytical
agency within the IC.
61
We concur with the observation of former DCI Richard Helms that the President
needs his own analytical group and that if we did not have the CIA today we would
probably invent it. Underscoring this role means more than words. The CIA should
house not only its analysts, but the second- and third-tier exploiters of the various
intelligence collection disciplines. By bringing them closer together we can improve
the efficiency of the all-source analytical process and achieve a true synergy between
collection and analytical production.
The Clandestine Service
Given the political and administrative problems raised by clandestine operations
and covert action, their bureaucratic tie to the DCI must be made more direct. At
present as many as two or three officials are between the DCI and the CIA's
Directorate of Operations (DO). Moreover, there is no compelling substantive reason
for the DO to be part of the same agency as the analytic Directorate of Intelligence
(Dl).
This is largely the product of historical accident and the bureaucratic
aggressiveness of DCI Walter Bedell Smith, who expanded CIA activities into both
operations and analysis in the early 1950s, when other agencies failed to meet policymaker needs in these areas.
We believe that it would be better for the DO, renamed the Clandestine Service,
to be a distinct entity, under the direct control of the DCI. This would rationalize the
structure of the CIA as the premier all-source analytical agency. The Clandestine
Service and the CIA can continue to be housed in the same building. However, both
the Clandestine Service and the CIA could also be managed more effectively if they
each had one major task. The separation of the Clandestine Service should also
reinforce the fact that clandestine Human Intelligence (HUMINT) serves the entire
community and not just the CIA. The Clandestine Service would conduct all
clandestine HUMINT operations, even those undertaken by military personnel, who
would be integrated into the organization.
There should be a Director of the Clandestine Service, reporting directly to the
DCI. This individual should be an intelligence professional. After much debate, we
recommend that this individual not be subject to confirmation by the Senate. The
sensitivity of this position is such that the DCI must be free to choose the man or
woman upon whom the utmost reliance can be placed. Senate confirmation raises a
number of other political considerations that might best be avoided.
This
recommendation, coupled with the role of the new DDCI/Community Management,
should also allow a closer integration of collection management and operations, and
should enhance oversight of clandestine operations. The Director should have a
deputy who is a two-star active duty military officer (further details are contained in
the Clandestine Service staff study).
23-748 96-3
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NFIP Defense Agencies
If the IC is going to achieve the goal of "corporateness," and if the DGI is going
to function as a true CEO, then he should have a greater say in the selection of his
"corporate team" -- the heads of the other major intelligence components. Current
law requires that the SECDEF "consult" with the DCI in naming heads for National
Foreign Intelligence Program (NFIP) defense agencies. Although it is unlikely that the
SECDEF would nominate someone to whom the DCI is strongly opposed, it is possible.
Instead, the DCI's advice and concurrence should be sought. In the unlikely event of
disagreement, the issue could be referred to the NSC Committee on Foreign
Intelligence or, ultimately, to the President. But the importance of a truly corporate
team requires a stronger DCI voice in this process. The study group believes,
however, that the role of the NFIP defense agencies is so substantially different from
that of the other departmental elements of the NFIP that this arrangement is not
appropriate for the State, Energy or Justice Departments. The defense agencies are
primary collectors and producers of intelligence without whom the DCI could not
perform his statutory functions, while the other departmental elements are analytical
efforts focused on tailoring intelligence products for their departmental consumers.
Therefore, we recommend no change in the selection process for those activities.
Director of Military Intelligence
The Defense Department - civilian policy makers and military services at all
levels -- is one of the largest components and mostly important customers of the IC.
Many of the larger organizational issues noted for the IC at large are also found within
the defense-related part of the IC. Enhancing the DCI's authority solves some, but not
all, of the problems.
It is important that the defense intelligence establishment also
have a single, uniformed official who is both responsible for and empowered to
address these issues, or to advise the SECDEF about them. We believe that this
should be a three-star military officer, carrying the title of Director of Military
Intelligence (DMI). The study group also believes that this individual should be dualhatted as the Director of the Defense Intelligence Agency (DIA), the program manager
of the Joint Military Intelligence Program (JMIP), and program coordinator for the
Tactical Intelligence and Related Activities (TIARA). Although previous proposals for
a DMI have sought a four-star office, the study group believes a four-star officer is
neither appropriate nor likely to be approved. For the senior military intelligence officer
to be on a par with the Chairman of the Joint Chiefs of Staff (CJCS) and the
Commander in Chief is not appropriate for a supporting function such as intelligence,
and could potentially promote an unhealthy rivalry between the DMI and the DCI,
particularly if the DCI were to remain as currently constituted, i.e., not of cabinet rank.
The DMI would report to the DCI on IC-wide issues and activities.
The three-star DMI concept consolidates management of defense intelligence
across the NFIP (DIA), JMIP and TIARA and continues to provide intelligence support
63
to both OSD and CJCS, via the J-2, and a unified J-2/DIA staff. The DMI would not
control the DoD agencies within the NFIP, but would be responsible, as currently, for
all defense analysis, production/and overt HUMINT operations. As program manager
for JMIP, the DMI would ensure a coherent program that complemented national and
tactical capabilities. As program coordinator for TIARA, he would ensure that the
services' intelligence programs were interoperable and consistent with the larger
intelligence architecture. The DMI would need a significantly enhanced staff element
to handle program and budget activities for the JMIP and TIARA formerly handled by
the office of the Assistant Secretary of Defense for Command, Control,
Communications and Intelligence (ASD(C3I)), and to be responsible for defense
intelligence architectures and coordination with the community systems and
architectures office.
Assistant Secretary of Defense for Intelligence
The position of ASD (C3I) is, in the study group's view, an artificial construct.
Although C3I for the Warrior and related concepts have been constructive in
encouraging the Services and DoD to integrate intelligence and information handling
techniques better into Command, Control and Communications (C3) architectures,
integration of C3 and Intelligence as staff functions has simply not happened, either
in ASD(C3I) or in the Joint Chiefs of Staff (JCS). One can also make an argument
that in the Information Age, intelligence needs to become increasingly linked to
operations; C4I for the Warrior may support this operational concept in theory, but is
of limited utility for staff planning purposes. To date, most, if not all, Assistant
Secretaries for C3I have placed primary emphasis on the "C3" rather than the "I."
Similar emphasis must be placed on intelligence if doctrinal concepts such as
Dominant Battlefield Awareness are to be realized. One aspect of this increased
emphasis is a more corporate approach to intelligence as embodied/by a DMI. The
other aspect is a stronger policy presence in Defense. Consequently, the study group
believes that defense intelligence would be better served by having a separate
Assistant Secretary of Defense for Intelligence (ASD(I)), an option that the SECDEF
could exercise at any time. Regardless, the role of the ASD(C3I) or ASD(I) should be
policy, planning and oversight; the programmatic and budgeting functions that have
devolved to ASD(C3I) should be handled by the DMI staff.
Infrastructure Management
Numerous studies and reviews of the community, including the National
Performance Review, have concluded that there are efficiencies and potential costsavings to be had by consolidating infrastructure and "services of common concern."
During the course of this study, it became apparent that it makes sense to combine
under centralized management, although not necessarily in one place, such
community functions as personnel management, security, certain types of training,
64
communications, and automation.1 Although many of the personnel performing these
functions could remain physically in place as support detachments, the study group
believes that an Infrastructure Support Office should be established to manage these
areas across the community. The growth of the IC and proliferation of distinct
agencies have led to unwarranted duplication in what are, essentially, administrative
and logistical functions. This is not only duplicative and costly, but also can harm the
ability of the IC to operate as a corporate whole.
Finally, these recommendations raise one final question about oversight. There
is, currently, a statutory Inspector General (IG) for the CIA and for DoD. In order to
ensure that major IC-wide functions are available to necessary scrutiny, the current
CIA IG should serve as the IC IG, operating, when necessary, in conjunction with the
DoD IG for NFIP Defense agencies.
Recommendations:
1)
2)
3)
Designate the Director of DIA as the Director of Military Intelligence (DMI). The
DMI will be the program manager for the JMIP and the program coordinator for
TIARA.
The INFOSEC function, that is currently a non-NFIP MFP III program, could
also be managed by this consolidated activity in better cooperation with
communications and ADP; it could remain at physically at NSA or the TCA, as later
discussed, to continue to enjoy the synergy between the "makers and the
breakers" of codes, but would respond to community direction. Funding could be
split between JMIP and TIARA, and management coordinated with the DMI staff
and DMI.
65
4)
Increase the DCI's role in the appointment of NFIP agency directors by requiring
the Secretary of Defense to obtain his "advice and concurrence" for these
appointments.
5)
6)
7)
66
collection process within the community. The fact that the Executive Director (ExDir)
for Community Affairs and the Associate Director of Intelligence for Military Affairs are
planning the establishment of a Collection Operations Management Group indicates
an awareness of this problem. This organization, or something like it, needs to exist
at the community level, with representatives from the programs and DoD/JCS, to
provide an integrated forum for collection decisions and to mediate conflicts between
short-term military and longer-term policy-maker support. This organization could
either supersede or be superimposed upon the current entities involved in single-INT
tasking: COMIREX, the Signals Intelligence (SIGINT) Committee, the Measures and
Signatures Intelligence (MASINT) Committee, and the National HUMINT Requirements
and Tasking Center.
For short-term collection against current intelligence targets, there are two
collection management centers within the Community, one at the CIA and one at DIA.
Although these centers can be said to work reasonably well, the coordination
mechanism between them is not well-defined. Also, tasking collection or requesting
information within the current system is inefficient. At some point in the requirements
chain, a customer with a requirement must submit a SIGINT or Imagery Intelligence
(IMINT) collection request, rather than a general request for information. It is virtually
impossible for a requestor to ascertain whether the information he requires has already
been collected and exists in a database somewhere or must result in new collection
tasking. The IC needs a system that centrally manages information requests, and a
focal point for managing this process across the community. Although some progress
has been made towards this goal, it has been done mostly on an "INT by INT" basis
rather than as a community-wide, all-source effort. However, the Intelligence Systems
Board (ISB) has proposed a Request For Information (RFI) management system that
would further this goal.
One cannot discuss collection without addressing "stovepipes." To illustrate
the long-standing nature of this debate, the following is a quote from Community
Management Task Force Report commissioned by then-DCI Robert Gates and
conducted by Danny Childs and Rich Haver in 1991: "We have made one key
assumption -- that vertical collection management structures are created. We should
note, however, that there is a body of opinion that strongly doubts the wisdom of
creating such 'stovepipes.' One concern is that powerful checks and balances will be
needed to compensate for the possible tendencies of such strong functional managers
to operate unilaterally and make decisions with an eye to resource advantage. A
second concern is the possibility that community requirements will not be equitably
addressed without the aid of a strong independent body as a requirements authority."
Although the existence of stovepipes was an assumption for that report, the
study group believes that it is no longer wise or even possible to accept stovepipes
as a given. There are real benefits to be achieved by creating a more unified
management structure for technical collection operations. MASINT, in particular,
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which many view as the "INT of the future" because of its potential application for
some of the more difficult intelligence problems such as proliferation, would benefit
from an approach that does not view it as a competitor to SIGINT and IMINT, but
rather as a complementary discipline making use of many of the same sources of
collection (see the MAS/NT: Measurement and Signatures Intelligence staff study for
more details). As noted above, the key to future success against difficult collection
problems with shorter and shorter timelines is to achieve greater synergy between the
collection disciplines. Wherever this occurs, the results are greater than the sum of
the parts. Instead of designing cumbersome systems "after the fact" to tip off
collection assets operating within a completely different conceptual and operational
framework, these operations need to be conceptually integrated from the beginning
and managed coherently. The target environment itself is beginning to blur the lines
between the technical disciplines.
The truth is that, to a certain extent, stovepipes are unavoidable; the issues are
how far up they extend and whether or not a mechanism exists to ensure interaction
between them at the operational level. Although the technical collection disciplines
share many elements (as several interviewees told us, "it's all about bandwidth") and
will undoubtedly become increasingly similar in the future, there are nevertheless
distinct skills and training requirements associated with SIGINT, IMINT and MASINT -and HUMINT collection is significantly different from all the others. Although the
study group believes that all of the technical disciplines would benefit from being
managed in a coherent fashion, the different endeavors are not, in the foreseeable
future, interchangeable, and it is important to maintain the levels of expertise in each
of these areas that have contributed to our success to date. Therefore, if the
technical collection disciplines were combined into one agency, as we recommend,
there would in all likelihood be "mini-stovepipes" within it. This would not necessarily
be a bad thing as long as there was cross-leveling activity both at the operator level
and at the top, where it would all "come together" under the control of one individual.
Under a consolidated collection concept, technical control of the various collection
disciplines would be vested in the director of the collection agency and delegated to
designated functional managers for each discipline. The director of the collection
agency would thus assume the Director of the National Security Agency 's (NSA's)
responsibilities as SIGINT advisor to both the DCI and the SECDEF, and perform similar
functions for IMINT and MASINT.
Additionally, the best collection operations occur when collectors and analysts
work closely together, so it is important to keep the "first-line" analysts or exploiters
with the collectors. These analysts provide immediate feedback to the collectors,
report on time-perishable information, and act as a "bridge" to the all-source analytical
community, with whom they should be electronically linked.
Although we
acknowledge that the dividing line between first-line exploiters and second- and thirdtier analysts is not as clear-cut in the SIGINT arena as it is in the imagery world, we
nevertheless believe it is possible to distinguish between these levels of analysis in a
68
systematic way (see the SIGINT: Signals Intelligence staff study for more details).
It is equally important to leave first-tier HUMINT exploiters such as reports officers
with the HUMINT collectors.
Although the technical collection disciplines could reasonably and effectively be
combined into one agency, it is the opinion of the study group that HUMINT collection
can and should remain apart, with overt HUMINT collection continuing to be
conducted by DIA and the State Department, and all clandestine HUMINT collection
operations falling under the purview of the Clandestine Service (see the Clandestine
Service's staff study for more details on this concept). HUMINT tasking and
operations are different enough that there is little to be gained by combining its
management with that of the technical collection disciplines, and, as mentioned
earlier, its risks are such that it warrants a more intensive level of organizational
oversight. There are, however, numerous instances where HUMINT supports technical
collection in extremely important ways. To maintain effective cooperation in these
areas, an aggressive rotation policy is required to ensure that clandestine operations
personnel are employed in the collection areas supported by their efforts, and that
technical personnel are employed where they can affect the tasking of HUMINT
assets. It is also important to note that clandestine HUMINT collection tasking and
requirements, along with all other collection operations, will be managed by the CMS
and reviewed by the National Intelligence Evaluations Council (NIEC). (The NIEC is
discussed in the Intelligence Requirements Process staff study.
The study group also considered whether or not it was advantageous to
combine Open Source collection with the technical collection disciplines. Although
clearly areas of similarity exist, we determined there was little to be gained from this
proposal. Since the primary focus of Open Source collection is the management of
huge amounts of information that are readily available rather than the attempt to
collect information from denied areas or that the originator does not wish anyone to
have, it was decided to place responsibility for Open Source with the analytical
agencies, primarily the CIA.
Recommendations:
1)
2)
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3)
Create a Technical Collection Agency (TCA) that combines SIGINT, IMINT and
MASIIMT collection, processing and first-tier exploitation and analysis. The TCA
should be a Type 3 Combat Support Agency, and its director should be either
a senior defense or intelligence civilian or a flag officer.
70
(the Analyst Driven SIGINT System being developed in conjunction with NIDL/Sarnoff
Labs) and DIA (the Joint Intelligence Virtual Architecture, or JIVA). The community
needs to create a "virtual analytical environment" that will maximize the efficiency of
an increasingly scarce and valuable commodity -- the analyst. Although exploitation
and first-level analysis should remain with the individual collection disciplines, many
of the analysts currently doing SIGINT- and IMINT-centered analysis should be moved,
physically or, preferably, electronically, to an all-source enclave (CIA or DIA) to
provide the understanding of the source data and collection process required to
produce high-quality all-source analysis and reporting, with appropriate feedback to
the collectors/exploiters. By consolidating these efforts, we prevent the unnecessary
replication of analytic effort by ensuring that this second- and third-tier analysis feeds
directly into an all-source product, rather than resulting in an intermediate product that
contains information from other sources but is not actually or officially all-source. This
maximizes the productivity of the analysts and provides the customer with a faster
and more comprehensive product.
The role of the CIA as the premier analysis and production agency should be
reinforced. The DDCI who manages the CIA should also have primary responsibility
for coordinating the community's analytical efforts, to include determining when and
for what competitive analysis is justified. Most of the DCI's centers will remain in the
CIA except for those associated almost exclusively with the current DO, which will
become part of the Clandestine Service (see the Intelligence Centers staff study for
more details). The CIA will also be the home of the National Intelligence Officers
(although one or two may reside elsewhere, at DIA or State) and will be responsible
for sponsoring the production of National Intelligence Estimates when they are
warranted. The other role currently performed by the National Intelligence Council,
that of evaluation, should be assumed by a new organization, the NIEC, which is
independent of the CIA and is chartered to evaluate both analysis/production and
collection against requirements. This evaluation activity needs to be linked directly to
both the community requirements management, collection management and the
program management activities (see the Intelligence Requirements Process staff study
for more details), with the results of the evaluations going directly to the DCI, the
DDCI managing the CIA, the DDCI for Community Management and the DMI.
Recommendations:
1)
2)
Move second- and third- tier exploitation and analysis, either physically or
electronically, to the primary all-source analytical agencies, CIA and DIA.
71
3)
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"(n) develop, with the advice of the program managers and departments and agencies
concerned, the consolidated National Foreign Intelligence Program budget, and present
it to the President and Congress;
(o) Review and approve all requests for reprogramming National Foreign Intelligence
Program funds, in accordance with guidelines established by the Office of
Management and Budget;
(p) Monitor National Foreign Intelligence Program implementation, and, as necessary,
conduct program and performance audits and evaluations." The National Security Act
of 1947, as amended, states that the SECDEF shall:
"(2) ensure appropriate implementation of the policies and resource
decisions of the Director of Central Intelligence by elements of the
Department of Defense within the National Foreign Intelligence Program."
DoD internal guidance (Carlucci memorandum of April 17 1981) stated the policy that
NFIP "resources are 'fenced' and they are not to be increased, decreased, or
transferred at any point in the fiscal cycle unless such action has been officially
coordinated with the DCI." This policy is deemed to continue and has never been
seriously challenged. Thus, the concept of the NFIP as a fenced program is wellestablished and accepted in the Executive Branch. The greatest risk to the NFIP
comes from the Legislative Branch, which is currently free to "trade" intelligence
dollars for defense dollars in the appropriations process.
One way to address this problem would be to create a separate line in the
President's budget for intelligence.
A separate line would lead to either an
Intelligence and Defense Appropriations Bill or a completely separate appropriations
bill (and appropriations subcommittee) for intelligence.
However, separating
intelligence from the rest of DoD (and, by inference, the other departments) into a
separate appropriations bill, as was done with Military Construction some time ago,
could well make the intelligence appropriations bill more vulnerable to political and
fiscal winds, without the "cover" of the larger DoD appropriation. In all, the study
group believes that it makes the most sense to leave NFIP funding in the various
departments' budgets, but recommend a rules change within the House of
Representatives that establishes some kind of a firewall between intelligence and
defense funding in the appropriations process.
Assuming the intelligence budget is to remain in the defense budget, the
question of how many mini-intelligence budgets there should be remains. There are
currently three: the NFIP, the JMIP, and TIARA. Theoretically, the TIARA programs
are service-unique and the JMIP programs support multiple services or the theater/JTF.
It is an article of faith in DoD that the military services have the right to an organic
intelligence capability as part of their force structure to serve their unique needs. The
study group does not dispute this. This capability is logically composed of the
programs grouped into the TIARA aggregation. The JMIP was established to provide
73
more centralized control over intelligence capabilities required for joint operations and
that serve multiple customers. These programs are at the intersection between
national and tactical intelligence and require a more intensive level of management to
ensure that the boundaries are "seamless." There are, thus, logical reasons to retain
both the JMIP and TIARA budget categories; however, their composition is a different
issue.
The JMIP and TIARA budgets differ mostly in how they are constructed. Both
are aggregates of MFP II programs, but while TIARA is merely the compilation of those
intelligence and intelligence-related programs that the Services have elected to fund,
the JMIP is constructed as a formal program and the role of the Deputy SECDEF as
program executive protects the program from being "raided" by the Services. In
practice, both the JMIP and TIARA are a hodgepodge of programs, the result of a
series of unrelated and/or compromise decisions rather than a coherent plan. The
composition of the NFIP, JMIP and TIARA was one of the nine key issue areas being
examined for presentation to the Expanded Defense Resources Board (EDRB) for the
fiscal year 1997 budget submission; it is to be hoped that the results of that review
will rationalize the division of programs; regardless, the study group believes that
further guidance is required for DoD on the appropriate composition of the JMIP and
TIARA aggregation (see the Congressional Oversight staff study for jurisdictional
implications of these divisions).
In addition to the policy and jurisdictional issues concerning the budget, there
are serious problems with the mechanical process as well. The Community has long
suffered from a vacuum in planning and guidance emanating from the DCI and his
community-level staff. Although DCI guidance to the various functional managers is
theoretically issued for each budget cycle, it is frequently either not done, not received
in time, and/or not specific enough to affect the programming and budgeting of the
various programs. In addition, the requirements system for the community, although
much improved as a result of the evolution of the Needs Process, has never been
successfully linked to the resource allocation process. Some of these issues are being
addressed by the DCI and ExDir of the CMS. The NFIP budget has not previously
been built in tandem with the DoD process; until fairly recently, there were not even
agreed upon budget categories so that expenditures could be tracked across national
and tactical programs. Assuming that most of the intelligence budget will remain a
part of the defense budget, it is critical to apply similar processes to building the
intelligence program and budget. The current ExDir's new programming and budgeting
process is a positive step for several reasons. First, it rests the DoD portion of the
intelligence budget on a foundation of program merit rather than relying on a good
relationship between the DCI and the SECDEF. Second, it forces the IC itself to do
a much more rigorous budget review than it has been able or tasked to do in the past,
and to integrate its review with the non-NFIP defense intelligence programs, something
that has never been done in a systematic way. It also puts the IC on a better footing
with the Office of Management and Budget (OMB), which is beginning to play a more
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active role in vetting IC budget submissions. Although this may or may not continue,
it will always be a possibility depending on the inclination of each particular
administration.
The disadvantage to this new process is perceived to be "greater DoD control"
over the IC budget. However, the DCI and his staff control the development and
review of issues and the composition of the program that is presented to the
Expanded Defense Resources Board. Although all capabilities are included in the EDRB
review process, formal budget action for the non-DoD programs is reserved for the
DCI and review is done by the IC Executive Committee (EXCOM). Along with the rest
of the NFIP, these activities are subject to OMB review. DoD has gained no new
powers or authorities through this new process, only more visibility into some
intelligence programs. As resources continue to be constrained, having DoD "buy-in"
to the intelligence budget is not a bad thing. And, as has always been the case, in the
final analysis the DCI has recourse to the President if he views the results of the
process as unfair or inadequate.
A more subtle, but more important disadvantage to this process is that it is still
the "tail trying to wag the dog." Currently, the program managers submit to the CMS
a proposed budget based on top-line guidance from the DCI that has been coordinated
with the SECDEF. The CMS does a largely surface review of the submissions (often
by personnel on temporary rotation from the agencies they are reviewing) and may
make some minor changes to accommodate DCI priorities or some of the more vocal
issue coordinators. When the budget is finalized, it is sent to Congress as part of the
President's Budget. When the Congress authorizes and appropriates the money, it is
appropriated directly to the program managers. The CMS has no control over indeed, no visibility into - budget execution. If the DCI is to manage the Community
as a corporate entity and ensure that resource trades are made to address priorities,
he and his staff need more authority in the intelligence budgeting process.
Although IC funding should still be appropriated to the various Departments, the
CMS must have formal authority for formulating the NFIP budget, including the ability
to monitor execution, withhold funds and reprogram funds within the NFIP. Thus, the
elements of the NFIP should provide budget inputs to the CMS, but the CMS should
build the budget in the functional categories mentioned above and submit the
Congressional Budget Justification Books (CBJBs) to Congress. The authority to
reprogram should be limited to not more than five percent of the losing agency's
budget over a one-year period, subject to normal OMB review. The ability to withhold
funds as a result of execution review should be accomplished by a formal arrangement
between the DCI and SECDEF, allowing the CMS to identify to the OSD comptroller
funds to be withheld. These recommendations require the CMS to be significantly
enlarged, and although rotational personnel should continue to provide manpower and
expertise to the staff, it must have a robust cadre of core staff to perform these and
other functions recommended in this staff study.
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The single most important change that needs to be made concerns the
organizing principle around which the budget is constructed. Broadly speaking, the
budget could be organized around programs, missions, disciplines or functions.
Notwithstanding the existing budget structural categories, the current budget is
constructed around programs, even though each program varies widely in mission and
composition. Almost any other solution would be an improvement; however the study
group believes that the most constructive way to build the budget is along functional
rather than programmatic or discipline lines, in the broad categories of collection,
processing and exploitation, analysis and production, and infrastructure (to include
R&D, dissemination, etc). Building the budget this way would force the types of
trade-offs between like items that the IC has been largely unable to achieve to date,
and would eliminate the current hegemony of the program managers in the budget
process. It would also present to Congress a more balanced picture of the budget and
the resource trades made to accommodate changing priorities. Building the budget
around disciplines hinders the cross-discipline trades that need to occur, and building
it around missions is difficult, because so many capabilities serve multiple purposes.
While clearly any budget must start with missions and the required capabilities to
perform them, the budget would more constructively be built around those capabilities
rather than the missions themselves.
Complicating the achievement of this goal is the community method of
budgeting and accounting itself. Although there are standard budget accounting
categories for the community, each program defines these categories somewhat
differently and has its own unique budgeting and accounting system and
infrastructure. In addition, resource data are retrievable only under the established
budget categories, so there is no efficient way to do cross-mission or cross-functional
analyses - for example, to determine how much the community as a whole is
spending on computer support. The Committee has several times engaged the CMS
in discussions about how to do matrixed cost accounting so that resources could be
flexibly associated with more than one category, but designing and implementing a
system for the community that would meet those needs while allowing the DoD
agencies to maintain necessary compatibility with DoD is not a trivial undertaking. If
the CMS is given both the responsibility and the authority for building the NFIP
program and conducting execution reviews, as it should be, a new programming,
budgeting and cost accounting methodology must accompany these changes, which
will standardize programming and budgeting procedures across the IC.
Recommendations:
1)
Retain but rationalize the NFIP, JMIP, TIARA budgets. Provide guidance to DoD
concerning the appropriate composition of JMIP and TIARA.
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2)
Provide the CMS a program analysis and evaluation (PA&E) and a limited
comptroller capability which would allow them to take responsibility for
formulating and executing the NFIP budget.
3)
Provide the DCI limited authority to reprogram funds within the NFIP, the
amount not to exceed five percent of the losing agency's budget for a one-year
period (Section 14(d) of the National Security Act).
4)
Provide the CMS the ability to withhold funds through an arrangement with the
OSD comptroller.
5)
Mandate that the budget be built along functional rather than programmatic
lines. Mandate and fund a new community programming, budgeting and
accounting system that can track resources in multiple categories across the IC.
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attained in two basic ways: hiring new people, or "borrowing" people from other
agencies and sending your people to those agencies so they come back with some
new ideas. The IC overall needs to develop a "corporate culture," and it needs to do
this primarily through personnel reform that promotes the concept of a community of
professionals rather than a loosely connected group of agencies between which
personnel movement is very difficult, if not impossible. This was the whole idea
behind the personnel provisions of Goldwater-Nichols, which was designed (largely
successfully) to break down the walls between the insular service personnel systems
and promote a culture of "jointness."
There have been numerous studies done on personnel management in the IC.
As is pointed out in the report of the most recent Intelligence Community Task Force
on Personnel Reform, led by Christopher Jehn, the same recommendations have been
made again and again, but never implemented. In the past, the community has been
unable to overcome the resistance of agencies or individuals to address personnel
policy issues at the community level. However, we understand that the DCI and the
Administration are drafting a legislative proposal for inclusion in the fiscal year 1997
authorization bill that incorporates the recommendations of the Jehn report. The study
group is prepared to endorse all of these recommendations, particularly the
requirement for an effective performance evaluation system and a coherently managed
personnel system that would promote rotations and lateral movement within the
community.
The Jehn report states that in the course of the task force's review of current
personnel systems in the IC, "four principal problems emerged:
1) a largely dysfunctional system of performance appraisal and management;
2) a lack of systematic career planning and professional development across the IC;
3) the variety and complexity of the various systems; and
4) inadequate promotion of a sense of community among the agencies, including a
lack of tools and incentives for managers to promote diversity and make full use of the
intellectual and cultural diversity in the IC's workforce."
The task force's recommendations to counteract these problems were:
1) create an effective performance management system, encouraging the adoption
of common performance criteria and standards across agencies;
2) employ broadbanding for compensation and position management to give more
flexibility to local managers and immediate supervisors;
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Authorization Act establishing pilot programs for the two percent waiver and directed
retirement of annuity-eligible personnel. Proposals for one-time dispensations to either
reduce personnel or temporarily exceed mandated downsizing goals in order to allow
hiring of essential new personnel were rejected because, although they may be
effective in the short term, they do not provide the DCI with tools to prevent a
recurrence of the current situation and to enable to IC to continually restructure its
workforce in response to changing priorities and targets.
Recommendations:
1) Implement recommendations of the Intelligence Community Task Force on
Personnel Reform.
2) Standardize SES system across the community and make a rotational assignment
a prerequisite for SES rank.
3) Authorize pilot programs to further reduce numbers of intelligence personnel, to
include the waiver of the two percent retirement penalty and directed retirement of
retirement-eligible personnel.
4) Provide the DCI enhanced control over NFIP personnel, to include the ability to
detail as required for up to 180 days.
IX. Research, Development and Acquisition
Numerous interviews, panels and hearings confirmed the need for better
management of increasingly scarce R&D dollars. Reports by an independent review
panel on NSA's Advanced Research and Development Program, the results of the
Exploitation Technology Working Group's review of R&D efforts in the imagery
processing and exploitation field, and a wealth of anecdotal information support the
contention that advanced R&D efforts are not adequately focused on the highest
priority technical problems facing the IC. The individual discipline staff studies identify
the critical areas requiring attention. Currently, although there is an individual on the
CMS charged with looking at Advanced Technologies, R&D efforts remain fragmented
under the control of individual program managers. The community coordinator has no
budgetary authority and, thus, a limited effect on the various programs of the
community.
The various R&D efforts in the community require closer coordination with the
requirements management element to ensure that R&D dollars are focused on the
problems that are the most critical, not the most topical or the easiest. It is the study
group's belief that the community also needs an R&D fund, similar to the Military
Exploitation of Reconnaissance and Intelligence Technology (MERIT) program run by
the NRO, to fund promising R&D projects. Under this concept, a fund would be
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established and elements of the IC could submit proposals on an annual basis for lowcost, potentially high pay-off technology demonstrations or experiments. These would
be evaluated by a formally constituted review board and the available funds allocated
to the projects based on merit. The MERIT program has been an extremely effective,
albeit limited, response to the conundrum within DoD that it is harder to get $2 million
now for a good idea than to get a $20 million project into the planning cycle for two
years down the road.
Another issue that must be addressed by the IC is the cumbersome acquisition
process and the need to find a way to keep pace with commercial technology
developments, particularly in the automation area. Each agency has automation plans
and recapitalization plans of varying degrees of effectiveness. The result is that the
community has a bewildering mixture of automation support hardware and software,
almost none of it compatible and little of it state of the art. An important function of
the ISO, mentioned earlier, would be to establish standards and information
architectures for the entire community, building on the role played by the Intelligence
Systems Board today. The community also needs a centralized fund for the life-cycle
replacement and upgrade of community automation equipment, and a contracting
vehicle that does not require the full-blown DoD procurement process to be followed.
Consistent with the move towards corporateness and consolidation where
practical and efficient, the study group believes that many R&D and acquisition
activities should be consolidated for greater efficiency and coherence. Portions of the
NRO would form the core of a new agency, but its scope would be broadened to
include development of all reconnaissance systems, including airborne systems, and
the sensor development and acquisition activities currently undertaken by the
Directorate of Science and Technology (DS&T) within the CIA. This agency would be
called the Technology Development Office (TDO) and would be funded via the NFIP
and the JMIP (for programs currently within the Defense Airborne Reconnaissance
Office (DARO)). The inclusion of the DARO in this concept would facilitate the
development of a truly unified air/space reconnaissance architecture, an elusive goal
thus far. The TDO would have Section 8 acquisition authorities for NFIP monies to
ensure that the NRO's and CIA's traditional ability to conduct streamlined acquisition
is not lost, and would serve as the acquisition executive with milestone approval
authority for the DARO programs. As with most of our IC21 proposals, this would not
necessarily require the physical relocation of these elements, but would rely upon a
unified management approach to the overall reconnaissance architecture and sensor
R&D arena.
Other areas of R&D, such as those conducted at NSA in the signal processing
area and specialized R&D in support of clandestine HUMINT operations, would remain
associated with the agencies they specifically support, but come under greater
management review in the process of building the budget functionally. The imagery
and MASINT processing R&D currently done at the NRO and DS&T would migrate to
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the TCA.
Recommendations:
1)
2)
3)
Establish a fund and a funding mechanism for rapid and continuous update of
information systems and automation technologies.
4)
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Findings
The Intelligence Community, with all its components and disciplines, needs an
overarching concept for coordinating Community requirements, especially when faced
with declining resources and increasingly diverse requirements.
The Needs Process
With its focus on Presidential Decision Directive - 35 (PDD-35), the National
Needs Process is an important step towards dealing effectively with near-term, highpriority customer requirements, but it may be inadequate for meeting long-term,
worldwide intelligence needs, primarily because PDD-35 has begun to drive collection
and analysis at the expense of lower tier issues.
Defining Future Intelligence Needs
The Intelligence Community has, correctly, changed its focus and targeting
since the end of the Cold War, but it cannot link long-term resource planning to future
needs until it defines what its future intelligence needs will likely be.
The Intelligence Community cannot base its long-range planning primarily on
high-level policy maker-defined requirements because policy makers, by their very
nature, tend to concentrate on immediate problems and do not think long-term.
Focus on Top Tier Issues-Creating Intelligence Gaps?
We are concerned that, with declining resources, collectors and analysts will
continue to focus most resources on top PDD-35 priorities and assume that "someone
else," (i.e., State Department, FBIS, etc.), has the resources to keep a minimal level
of coverage on lower tier issues.
Losing our Intelligence Base
The Intelligence Community's ability to maintain an intelligence "base" on many
lower tier issues is threatened not only because of PDD-35's unintended effect on
collection and production, but also because the Intelligence Community currently has
no mechanism to ensure that a basic level of coverage for all issues is maintained.
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Support to Military Operations (SMO)
The demand for intelligence support to military operations (SMO) threatens to
consume an increasing amount of Community resources at the expense of national
intelligence needs.
Level of Engagement with Policy Makers
In order to best meet its customers' requirements, the Intelligence Community
must work actively with policy makers to disaggregate their intelligence needs into
smaller, actionable parts. Policy makers, in turn, must strive to articulate policy
strategies and objectives more clearly to the Intelligence Community.
Analysts and managers at lower levels must maintain informal contacts with
their customers, because often, mid-level policy makers can provide in-depth
knowledge and further detail for a particular policy need.
Budgetary Authority
Program managers have a disproportionate level of power over resource and
programming issues vis-a-vis Issue Coordinators, many of whom have little knowledge
about the budget process and collection resource issues.
Thus, Intelligence
Community budgeting tends to meet systems requirements rather than information
needs.
"Cross-INT" Coordination
The Intelligence Community does not manage all-source collection well, leading
to inefficiencies and sometimes unnecessary duplication in meeting customer needs.
The establishment of an enhanced Community Management Staff (CMS) (see
Intelligence Community Management staff study) with requirements, resource, and
collection management authority would enable the Intelligence Community to more
efficiently meet Community-wide requirements.
Requirements Committees
There is no formal, ongoing dialogue among the various requirements
committees, and as a result, no overarching, corporate view of the Community
collection process against requirements targets.
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Recommendations
Communitv-Wide Approach
The Director of Central Intelligence (DCI), in coordination with the CMS
requirements office, should devise a strategic plan, that could be updated yearly, if
necessary, outlining national security issues and gaps which the Intelligence
Community will likely face 10 to 15 years into the future.
Basic Worldwide Coverage
The Intelligence Community should fulfill PDD-35 requirements, but also
maintain a basic level of worldwide coverage. In order to ascertain the Community's
current level of overall coverage, the DCI should direct the National Intelligence
Evaluations Council (NIEC) to expand the "Comprehensive Capabilities Review" to
evaluate collection and analytical capabilities and gaps against all tier issues. The
review should be updated continuously, taking the DCI's strategic plan into account.
Based on the capabilities review process, the Intelligence Community, under the
auspices of an enhanced CMS should assign specific collection and analytical
components responsibility for some basic level of coverage of lower-tier countries and
issues.
Cross-1 NT Coordination
The establishment of a new Technical Collection Agency (see Intelligence
Community Management staff study) would facilitate coordination among the various
collection disciplines and improve efficiency in meeting intelligence requirements.
Requirements Vision for the 21st Century
The Intelligence Community should implement a "virtual analytic environment"
linking collectors, exploiters, analysts, and customers electronically, as appropriate,
to improve the Community's responsiveness to customer needs.
As a model for achieving electronic connectivity, the Intelligence Community
should look to the military's test-bed programs for creating a 21st century intelligence
operating environment. This operating environment, known as JIVA (Joint Intelligence
Virtual Architecture), focuses on creating a virtual work environment that transcends
organizational and stovepipe boundaries. A virtual architecture will allow analysts and
collectors to more efficiently work requirements and maintain continuous contact with
policy makers. This will also allow the policy and intelligence communities to
constantly refine requirements and refocus resources on those issues of paramount
importance.
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Scope of Paper
This paper takes a macro look at the Intelligence Community requirements
process, specifically, the current structure and future applicability of the National
Intelligence Needs Process. The requirements study examines the overall process of
formulating requirements, rather than the specifics of how the specific collection
disciplines, or "INTs," should be used to meet these requirements in the future. This
study provides guidelines to the Intelligence Community on how the requirements
process should be structured to ensure that the Community can meet national security
needs of the 21st century.
Introduction
The principal mission of the Intelligence Community is to supply policy makers
with timely information and analysis that allows for informed, knowledgeable
decisionmaking. In order to fulfill this mission, the Intelligence Community must
understand the prioritized intelligence requirements of policy makers.
These
requirements should not only play a central role in defining the mission, functions, and
structure of the Intelligence Community, they also should drive the Community's
collection, analysis, and budget. In an ideal world, the Community would be able to
fulfill all actual and potential policy maker requirements in a timely, comprehensive
manner. Unfortunately, the requirements process is complicated by the fact that it is
often difficult for senior policy makers to focus on long-term intelligence requirements
because they usually are occupied with more immediate, pressing issues and because,
in many cases, they do not know what information they want until they actually need
it. In addition to the difficulty of eliciting policy maker needs, there are political,
bureaucratic, and resource realities that hinder the Community's ability to anticipate
and satisfy all intelligence needs.
The United States has lacked a strategic vision defining its role in the world
since the end of the Cold War. The requirements process, in fact, has been made
even more difficult by the absence of any current political consensus on national
security issues and their importance. As policymakers have struggled to define core
national interests, they have turned to the Intelligence Community for increased
coverage of diverse issues. Because of the changing-but not clearly defined-nature
of threats and intelligence needs since the end of the Cold War, the Intelligence
Community itself has been forced to reexamine its roles and missions. There is
considerable disagreement among experts about whether the Intelligence Community
87
should focus primarily on supporting national security policy makers or whether it
should support other customers, such as law enforcement agencies, economic/trade
officials, or environmental agencies. Still others argue that intelligence support to
military operations (SMO) should be the primary function of intelligence. These
debates over national security priorities and the Community's mission, requirements,
and customer base are not easily resolved. Nonetheless, the Intelligence Community's
function in aiding the national security decisionmaking process must be defined so that
it can properly target its resources against the most important foreign policy
challenges.
Ideally, requirements should reflect policy makers' prioritized intelligence needs
and help the Community devise long-term planning and investment strategies.
However, without a strategic national security policy vision to guide it, the Intelligence
Community often is forced to prioritize requirements itself. In addition, because policy
makers often do not know what intelligence they need or want until they actually need
it, the Intelligence Community must try to anticipate policy maker needs. This can
only be achieved if the Community, through an ongoing requirements dialogue with
senior policy makers, sets the minimum collection and analysis parameters not only
for the most important, immediate strategic needs, but also for long-term needs.
Experienced mid-level analysts also should be allowed to formulate requirements based
on their expertise and through constant dialogue with policy makers at various levels,
as well as with intelligence collectors and other analysts.
Unfortunately, the
Community's bureaucratic structure often impedes this type of free-flowing dialogue
and interaction at the working level.
In addition to political and bureaucratic issues, resource concerns also have an
effect on the Community's ability to meet policy maker requirements. In the post-Cold
War era, requirements have become increasingly diverse; at the same time, the
Community has been forced to downsize considerably. Despite fewer resources, the
Intelligence Community is expected to have at least basic worldwide coverage of most
countries and issues while maintaining in-depth knowledge of high-priority issues. In
order to achieve this level of coverage, the Intelligence Community may have to
pursue a dual requirements strategy to deal with increasing requirements ~ a day-today one with good breadth, but little depth, to cover usual areas of interest, and a
second one with narrow focus and great depth for crises or issues of ongoing, intense
interest.
Maintaining an effective requirements process has been a continuous struggle
for the Intelligence Community. During the Cold War, when a majority of Community
resources were targeted against the Soviet Union, having an effective requirements
process was less important than it is now. Since the end of the Cold War, the
growing tangle of new requirements, some of which are of the "highest priority" for
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only a short time, has left the Intelligence Community without clear guidance on which
to base its resource allocation and planning. Lacking a cohesive foreign policy
strategy to guide it and faced with declining resources and increasingly diverse
customer demands, the Intelligence Community needs a flexible, dynamic
requirements process to help it fulfill its principal mission -- to provide policy makers
with timely, useful, objective intelligence.
Background: The Requirements System Today - The National Needs Process, PDD-35
and Strategic Intelligence Reviews
The current system for intelligence requirements, known as the "Needs
Process," is derived from Presidential Decision Directive-35 (PDD-35), signed by the
President in March 1995, and the "Strategic Intelligence Reviews" (SIRs), first
published by the National Intelligence Council (NIC) in May 1994. The SIRs identify
core near-term (12-18 months) intelligence issues, priorities, and gaps for various
geographic regions and transnational issues and assess the value of current collector
contributions against those issues. The SIRs also identify "enduring" intelligence
needs (i.e., of concern for the next three to seven years) to help program managers
do long-term budgeting. PDD-35, which outlines a tiered structure of the President's
prioritized intelligence needs, provides collection and analysis guidance to the
Intelligence Community. After PDD-35 was signed, an interagency task force made
recommendations on how to align "enduring" intelligence challenges with the PDD-35
tier structure.
The responsibility for writing the SIRs belongs to 18 Issue Coordinators who
meet frequently with high-level policy makers.1 The function of Issue Coordinators is
to understand key customer needs, develop a prioritized statement of those needs,
evaluate the current collection and analytical activities related to those needs, assess
the intelligence value of future programs, and facilitate community responses to critical
shortfalls. In the process of writing the most recent set of SIRs (November 1995),
Issue Coordinators met with over 100 high-level intelligence consumers2 in order to
get an understanding of their most important needs.
The Issues Coordinators are the National Intelligence Officers (NIOs) from
the NIC, the Center Chiefs (ACIS, CNC, NACIC, and CTC), and "key officers" from
the Defense Intelligence Agency (DIA) and the Joint Chiefs of Staff (JCS).
2
Throughout the paper, the terms customer, consumer, and policy maker
are used interchangeably to refer to those U.S. Government officials who use
intelligence products in the course of their work.
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Findings
The Needs Process
The Intelligence Community, with all its components and disciplines, needs an
overarching concept for coordinating Community requirements, especially when faced
with declining resources and increasingly diverse requirements. Leadership from the
highest levels of the Intelligence Community is necessary to ensure that policy makers'
most important needs are being met and that the Community is poised to cope with
the intelligence challenges of the 21st century. With its focus on PDD-35, the
National Needs Process is an important step towards dealing effectively with nearterm, high-priority customer requirements, but it may be inadequate for meeting longterm, worldwide intelligence needs. In fact, if the Intelligence Community focuses
primarily on policy maker-defined requirements, it cannot adequately prepare for the
needs of the future because policy makers, by their very nature, tend to concentrate
on immediate problems and do not think long-term.
Defining Future Intelligence Needs
The Intelligence Community has, correctly, changed its focus and targeting
since the end of the Cold War. It cannot however, hope to link long-term resource
planning to future needs until it has a corporate understanding of what future
intelligence needs will likely be and how its resources currently are used to meet
intelligence requirements. Although there is disagreement about what will constitute
a threat to U.S. national security in the future, the Community must, at a minimum,
be capable of dealing with issues such as foreign denial and deception, proliferation
of weapons of mass destruction, terrorism, ethnic and regional conflict, and economic
competitiveness. Throughout the Cold War, the Intelligence Community could design
systems aimed at country-specific targets, (i.e., "denied areas"), but the national
security needs of the future do not allow us to look at resources on a strictly nationstate basis. Indeed, the Community must still plan for meeting requirements on
"enduring" hard targets, such as North Korea. However, the Community also must
design, invest, and plan its future systems and capabilities around "types" of threats,
such as proliferation, rather than around specific threats necessarily tied to a particular
country or region.
Focus on Too Tier Issues - Creating Intelligence Gaps?
Under any system that prioritizes requirements, collectors and analysts will
naturally put most resources towards the highest priority issues. While PDD-35 has
focused the IC on important near-term, high priority requirements, it has begun to
drive intelligence collection and production at the expense of lower tier issues. In
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response to PDD-35, many intelligence agencies and components are rushing out to
fulfill PDD-35 requirements while ignoring other, less pressing requirements, even
when they are better equipped to address the lower tier requirements. If PDD-35
continues to drive the intelligence process, the Community may face another Rwanda
or Somalia situation -- that is, a country that had little, if any, intelligence coverage
suddenly becoming a top tier priority.
Although PDD-35 explicitly states that it is not meant to be an exhaustive
requirements list, we are concerned that, with declining resources, collectors and
analysts will continue to focus most resources on top tier issues and assume that
"someone else," (i.e., State Department, Foreign Broadcast Intelligence Service (FBIS),
etc.), has the resources to keep a minimal level of coverage on lower tier issues. The
Intelligence Community cannot necessarily rely on other government agencies to fill
its own collection gaps because the State Department, like the Intelligence
Community, is being downsized and seeing reductions in its diplomatic reporting
capabilities. In addition, in many of these lower-tier countries, particularly those in the
Third World, open sources are often inadequate and inaccurate sources of information.
Furthermore, FBIS has not been spared from downsizing and is also concentrating its
efforts on top tier issues.
Losing our Intelligence Base
The Intelligence Community's ability to maintain an intelligence "base" on many
lower tier issues is threatened not only because of PDD-35's unintended effect on
collection and production, but also because the Intelligence Community currently has
no mechanism to ensure a basic level of coverage for all tiers. In addition, the demand
for SMO threatens to consume an increasing amount of intelligence resources at the
expense of national intelligence needs. With the erosion of our intelligence "base,"
(i.e., the ability to monitor political, military, economic, and social developments
around the world), comes serious consequences for the Intelligence Community's
ability to "surge" and do long-term analysis. Under the current Needs Process, there
is no corporate view of collection and production management that is necessary to
ensure that collectors maintain databases of lower tier information and that enough
analysts are available to monitor lower-tier issues and potentially important long-term
trends. Maintaining an intelligence base is particularly critical when, as we have
experienced several times in the recent past, lower tier countries rapidly and
unexpectedly become top priority issues for policy makers.
Support to Military Operations
In addition to fulfilling numerous top priority requirements, collectors and
analysts are expected to develop and/or update data for lower-tier countries where
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U.S. forces may have to operate in the future. SMO certainly is an extremely
important mission for the Intelligence Community. However, the effort required to
obtain detailed information sufficient to support short-notice military operations in
scores of countries would strain the Community's ability to stay abreast of more
pressing issues. In addition, the proposal that the military define the "essential
elements of information" it needs for potential operations in these countries raises the
specter of an endless list of requirements being levied on the Intelligence Community.
In order for the Community to be able to cope with SMO requirements, the level of
detail needed for SMO in lower-tier countries must be strictly defined. Furthermore,
SMO requirements should not stand alone, apart from the other intelligence
requirements. Currently, the Needs Process demands, in some cases, that the
Community spend more time gathering intelligence for potential SMO than for
monitoring other developments that might help policy makers avert the need to ever
have to deploy forces. If a country is important enough to have SMO requirements
assigned to it, then national intelligence consumers also should have enough
information to assess the country's general economic, political, and social situation.
Level of Engagement with Policy Makers
Under the current system, most Issue Coordinators have ongoing
communication with high-level policy makers about strategic policy goals, which are
then formulated into overall Community-wide requirements. Issue Coordinators attend
National Security Council (NSC) meetings frequently and typically meet with
intelligence customers at the Undersecretary or Deputy Secretary level at the State
Department and the command level in the Department of Defense (DoD). While highlevel contact is vital to the requirements process, analysts and managers at lower
levels must maintain informal contacts with their customers because, often, mid-level
policy makers can provide in-depth knowledge and further detail for a particular policy
need. This type of informal dialogue also must exist between collectors and analysts
and among analysts in different Community components.
Policy Detail
Just as important as the need for constant Intelligence Community dialogue
with customers is the need for the Community to understand the details of policy
makers' goals. The Community must work actively with policy makers to disaggregate
their intelligence needs into smaller, actionable parts and should understand how
policy makers plan to use the intelligence they receive so it can devise the most
appropriate collection strategy to satisfy that need.
With an issue such as
proliferation, for example, different collection assets might be used depending on
whether the policy goal is to intercept weapons shipments, influence key foreign
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Recommendations
Community-Wide Approach
The Intelligence Community must define the nature of its future strategic
requirements, beyond looking just at intelligence gaps, in order to determine what
platforms will be needed to meet those requirements. The DCI, in coordination with
the CMS requirements office, should devise a strategic plan, that could be updated
yearly, if necessary, outlining national security issues and gaps that the Intelligence
Community will likely face 10 to 15 years into the future. It should include, but not
be limited to, hard targets and transnational issues. In addition to looking at traditional
adversarial threats (i.e., states and organizations with the ability and will to harm U.S.
interests), the Community must focus on how to collect against systemic threats (i.e.,
those which derive from anomalies or instabilities in economic, political or social
systems) and against new vulnerabilities, such as information warfare. Based on this
strategic plan, the CMS requirements office, with input from senior intelligence
customers and all-source analysts, should formulate Community-wide requirements
and devise a collection strategy to meet those needs. By preparing a strategic plan
for the future, the Intelligence Community can assist policy makers in prioritizing their
own needs.
Basic Worldwide Coverage
The Intelligence Community must maintain its intelligence base and its ability
to surge.
We are well aware of the fact that many Intelligence Community
components already are stretched to the limit in handling top-tier issues and that the
situation will likely get worse in some agencies because of restricted hiring practices.
At the same time, however, many in the policy community still expect the Intelligence
Community to have at least basic worldwide coverage and the ability to surge at a
moment's notice during crises. In order to ascertain the Community's current level of
overall coverage, the DCI should direct the National Intelligence Evaluations Council
{NIEQ3 to expand the "Comprehensive Capabilities Review" to evaluate collection and
analytical capabilities and gaps against all tier issues. The review should be updated
continuously, taking the DCI's strategic plan into account. Assessing intelligence
capabilities on an ongoing basis will help bring policy maker expectations into line with
Community capabilities and will serve as a mechanism for facilitating cross-INT
tradeoffs to ensure that the most important areas are covered by collectors and
analysts. A dynamic capabilities review process also would be extremely helpful for
the Committee in dealing with budgetary issues and for other congressional
committees with jurisdiction over national security and international relations issues.
23-748 96-4
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Based on the capabilities review process, the Intelligence Community, under the
auspices of an enhanced CMS,4 should assign specific collection and analytical
components responsibility for some basic level of coverage of lower-tier countries and
issues. Because open source information may be the most accessible, least expensive
tool for obtaining worldwide coverage, the Community should work with the State
Department to coordinate diplomatic and open source collection. FBIS's ability to
collect and analyze adequate information for lower-tier countries also should be
evaluated so that the Intelligence Community and Congress can determine what
additional resources FBIS will need in the future to meet this important mission. A
healthy FBIS is needed to rebuild some of the Community's lost capabilities resulting
from the cutbacks in the CIA and State Department's overseas presence.
Cross-INT Coordination
In order to encourage efficiency in meeting intelligence requirements, the
"catwalks" among the collection disciplines must be strengthened. The establishment
of a new Technical Collection Agency (TCA)5 would facilitate coordination among the
various collection disciplines and improve the Community's responsiveness to policy
maker needs. An enhanced CMS, through coordination among its proposed
requirements, collection management, and resource management offices, would serve
as the forum for ensuring that synergistic, cross-INT coordination is utilized to best
meet requirements.
Requirements Vision'for the 21st Century
The above recommendations are important for effecting immediate change in
the current requirements system. However, the Community must go even further to
prepare for challenges it will face 10 to 15 years into the future. The Community
probably will still need a high-level body to formulate and monitor macro communitywide requirements that provide important guidance to program and agency managers.
However, mid-level analysts, working in close and continuous contact with policy
makers, collectors, and other analysts should be allowed to work detailed
requirements.
In order to empower analysts to help develop these detailed
requirements, analysts must be connected electronically at all levels with both policy
makers and intelligence collectors. (Analysts should serve as the middleman between
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policy makers and collectors; collectors and policy makers working non-military issues
should not be connected electronically.)
As a model for achieving electronic connectivity, the Intelligence Community
should look to the military's test-bed programs for creating a 21st century intelligence
operating environment. This operating environment, known as JIVA (Joint Intelligence
Virtual Architecture), focuses on creating a virtual work environment that transcends
organizational and stovepipe boundaries. A virtual architecture, that eliminates the
need for physically co-locating analysts, will allow analysts and collectors to more
efficiently work requirements and maintain continuous contact with policymakers.
Breaking down these barriers will help synergy in all areas -- collection, analysis,
production, and requirements formulation and vetting. By providing more flexibility
and less bureaucratic rigidity, electronic connectivity will allow the policy and
intelligence communities to continually reevaluate requirements and refocus resources
on those issues of paramount importance. At the same time, by co-locating analysts
with policy makers, either virtually or physically, analysts will better be able to
understand detailed policy needs and anticipate what kind of intelligence policy makers
may need in the future.
In such a future construct, managers will function less as intermediaries who
control the information flow to and from policy makers. Instead, they will become
facilitators who monitor the dialogue between policy makers and substantive experts
to ensure that Community resources are appropriately allocated to priority tasks and
to help say "no" to requests when resources are not available. Managers also would
perform the vital function of ensuring that intelligence does not become politicized as
a result of the close analyst-policy maker working relationship. Indeed, if the system
functions correctly, analysts and collectors, with some guidance from upper
management, should be able to respond quickly and objectively to policy maker needs
and be able to anticipate future needs that policy makers have not yet articulated.
However, if the Intelligence Community does not take advantage of technological
developments and reduce bureaucratic barriers, it will fail to meet its basic mission of
providing policy makers with timely, objective, and useful intelligence.
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COLLECTION SYNERGY
Executive Summary
This study addresses how efficiently our collectors work together ("synergy"),
the budgetary balance between collection and "downstream" activities, and ways to
reduce collection costs, primarily in the satellite area.
Regarding collection synergy, the study concludes that we are only beginning
to look at how different forms of technical, human and open collection could be
developed, budgeted and operated to work together cohesively and efficiently. If we
proceed as now planned, progress will be very slow. Recommendations, therefore,
include opting for a "revolutionary" rather than evolutionary approach. We should
develop technical work-arounds for existing systems, and through an independent
body establish as soon as possible the common standards and protocols to provide for
intra- and cross-INT interoperability, based as much as possible on commercial
standards. There should be much greater attention to cross-cueing our collection
through integrated collection management using improved, common data bases. We
must also better manage the balance between crisis and longer-term target priorities.
Since the fall of the Berlin Wall and despite the exploitation and dissemination
problems revealed during the Gulf War, collection, especially satellite-based collection,
is taking an increasing share of the budget. We should be shifting more money into
processing, exploitation/analysis and dissemination.
This is possible without
sacrificing collection capability and even as we make greater efforts to overcome
denial and deception, because technology and streamlining offer the potential for large
cost savings. Numerous areas, other than synergy, where we could reduce collection
costs are listed, and study of the feasibility of a "market" approach to collection
budgeting is suggested.
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COLLECTION SYNERGY
Scope
This paper is weighted toward satellite collection issues, although it addresses
the interaction between satellite, aircraft and other collectors.
Issue Summary
There is no doubt that U.S. intelligence collection capability far surpasses that
of any other country, particularly with respect to technical collection, and that this
capability has been the envy of both allies and enemies.
Questions regarding
collection have focused on whether we could sustain and improve collection capability
at greater efficiency and lesser cost, and whether existing trends should be maintained
or altered in order to preserve the US collection advantage for the future.
The following have been identified as problem areas relating to collection, and
will be discussed further in subsequent sections of this paper:
1)
2)
3)
4)
5)
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6)
Spacecraft and associated systems are becommg ever more costly and
consuming more of the intelligence budget.
7)
We need more, rather than fewer, spacecraft platforms for better global
coverage, more frequent revisit and reduced vulnerability. Demand
outstrips capability. Denial and deception problems are increasing and
the planned future architecture makes us more vulnerable to them.
8)
There are very long lag times in getting technology on orbit. We need
to adapt to commercial standards, technology and processes.
9)
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the same signal at the same precise given time. One of the major impediments to this
is synchronizing (signal) time of arrival to a specific portion of a single SIGINT
electromagnetic wave. This, in turn, requires that each collector be synchronized to
precisely the same "clock" in nanoseconds, to determine the precise receiver location
a feat difficult in itself, but even harder when each system was developed
independently with varying precisions, equipment and methodologies. Ongoing R&D
is addressing the timing problem. Even if it is solved, a means of communicating the
data between collectors, especially when field-deployed or mobile units are involved,
can be a formidable task. And if the communications lines exist, efficient operation
requires that data formats be compatible, again problematic when each of the existing
systems was developed in isolation.
The Defense Airborne Reconnaissance Office's (DARO) Joint Airborne SIGINT
Architecture (JASA) attempts to evolve standards, interface protocols, hardware and
software to develop coordinated and interoperable airborne SIGINT collectors.
The apparently large disconnect between the spacecraft and aircraft
architectures should be a matter of high-level concern. The NRO and DARO have
executed a memorandum of understanding which provides for common standards,
especially in timing clocks. However, in other areas, spacecraft and aircraft will
continue to go their separate ways unless further action is taken. Distribution
systems, data formats and data bases will not necessarily be interoperable. Each
community will develop its own software, although much of this probably could be
shared. Developmental work on attacking the most difficult existing and future signals
should be better integrated between spaceborne, airborne and ground systems.
Indeed, it often appears that cooperative focus on improving performance in
core present and future SIGINT competencies has taken a back seat to one of the
more difficult and even exotic SIGINT applications, i.e. extremely precise target
geolocation. The latter has been driven by the military development of expensive
precision-guided weapons which often outstripped the ability of US intelligence to
provide highly accurate target positions. In the process, more basic concerns -- such
as the less difficult but potentially very productive task of rapid tipoff between
collectors and the issue of whether we will even be able to find future signals in order
to geolocate them cooperatively -- appear to have been given less priority for
collaborative effort. It is also unclear whether the NRO will, in practice, accord
increased synergy the priority it has received historically.
SIGINT has captured most of the attention regarding synergistic collection, and
the reason for this is unclear. Imagery requires less precision and overall, is easier to
"fuse." Further, while the NRO likes to advertise its goal of creating a "system of
systems," cross-INT collection synergy does not seem to be receiving much attention.
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As other studies have pointed out, at present there is no structured, consistent
Community-wide set of requirements for the collection, processing, exploitation and
dissemination of information. Processing includes storage, translation, scanning,
formatting, structuring, indexing, cataloging, categorizing and extracting; there are no
Community standards in any of these steps. Therefore, tasking systems also must be
"stovepiped" according to the platform or the "INT." Archived material must be
retrieved through varying procedures, and in some cases, archive retrieval nonetheless
has been extremely inefficient.
If we could achieve a single workstation for
exploitation of all INTs, we could much more easily serve the user, address gaps in the
data bases and requirements, evaluate information sources and task collectors.
In theory, there seems no reason why this cannot happen. With the move to
digitization, "bits are bits," and data consists only of ones and zeros.
With
coordinated and accepted standards and protocols, compatible automated systems
could be built which would be able to exchange data. If these standards and
protocols were made as close as possible to commercial standards, various users not
only would enjoy independence and flexibility in selection of vendors, but also would
experience considerable cost savings both at the outset and for upgrades.
Examples such as the cable companies' expansion into various forms of data
transmission should be an inspiration for the IC and a partial basis for judging its
efforts. Cable companies now are creating systems to accommodate video (IMINT),
telephone and fax (COMINT) and computer exchanges. But the revolutions witnessed
in the commercial world have been slow transferring to US Intelligence, which will
increasingly lag unless it opts immediately for a much more vigorous, ambitious and
holistic approach. Further, the problems experienced recently with Joint Deployable
Intelligence Support System (JDISS) indicate that serious follow-up enforcement must
be part of the plan.
Collection Management
It has been argued above that collection platforms should be built and operated
to function in complementary and coordinated ways, to improve efficiency. Many of
the barriers to this goal are cultural, political and institutional rather than technical.
At present, each service or "stovepipe" controls its own collectors, subject to the
direction of standing requirements committees or, in crisis and war, to the overriding
authority of the Joint Task Force Commander or his designee.
The Persian Gulf War illustrated the difficulty of achieving centralized control
even when one has the putative authority. Theater collection managers found it hard
to ascertain what assets were in theater, much less to control them intelligently. With
the eventual availability of over 150 types of platforms of varying capability, it was
extremely difficult to find anyone with the requisite knowledge to orchestrate them
effectively.
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Mijitary service specialties do not include intelligence collection management,
and relatively few analysts take the time to learn the arcane technology and
requirements processes. When overwhelmed with duties, one of the first tasks they
eliminate is collection management; and if they are assigned to a low priority area, this
increasingly is a practical decision, since their submitted requirements often are
unlikely to be filled anyway. There are not established lists of people with such
competency, so reliance is placed upon a word-of-mouth "old boy" network to find
and reassign known experts. As a result of these deficiencies, national collection
management experts had to be seconded to the theater, departing at a time when their
skills also were most needed at home.
The Gulf War allowed a six-month buildup, which was fortunate, because from
the intelligence collection viewpoint, the time cushion was desperately needed. Less
than 50 intelligence experts initially were allowed in theater. Weapons also were
given priority over intelligence collection platforms, in the view that this would best
deter the Iraqis from hostile action. Even when intelligence platforms could be
imported, those controlling them sometimes were uncooperative, the classic case
being Air Force policy regarding the developmental Joint Surveillance Target
Acquisition Radar System (JSTARS) aircraft. Jointness and cooperation were
enforced by placing intelligence experts from different venues side-by-side with each
other and with operators, to overcome historical barriers to cooperation. Deconfliction
of requirements became a delicate assignment, for instance sorting out the Army and
Marine desire to focus JSTARS on moving targets across their lines and the Air Force
demand for focus on deep strike targets for the air campaign.
With requirements far exceeding capabilities, collection managers sought to
utilize non-traditional sensors, which sometimes could be useful for tactical
reconnaissance. They had great difficulty finding out about these sensor capabilities
and then in finding out where these systems were deployed on the battlefield. Even
five years later, an inventory of such supplemental sensor capabilities apparently has
not been made.
At the national level, collection management has become increasingly
contentious, even before the number of satellites on orbit is slashed within the future
architecture.
With requirements always far exceeding collection capabilities, some argue that
program managers are largely free to pick and choose which targets they will pursue.
These targets, it is said, often are those that will make their own INT's performance
look good and give them visibility in the crisis of the day. They are not necessarily
those that are the most difficult "enduring challenges" or those most uniquely
accessible by their particular "INT" or collection system, it is argued, and indeed, they
may not know what others are collecting, especially in the case of highly
compartmented HUMINT or technical programs. The current system is criticized
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because the stovepipes essentially control their own budget size and allocations within
that budget, although in reality they have little idea how their requirements and
capabilities should be prioritized compared to others. And finally, the program
managers write their own "report card", with little oversight or review by others.
A persuasive argument can be made that the best potential requirements and
collection managers are not the program managers or INT-based requirements
committees, but rather all-source analysts with expertise in the specific mission areas
who have access to all associated collection compartments and data. Some argue
that not only. should such analysts be responsible for day-to-day collection
management, but also that they should have more say in allocating funds for new
collection platforms. Taking this last point further, some believe it would be useful to
give such issue managers discretionary funds to develop relatively inexpensive
collection techniques to fill, gaps in their respective areas.
On the collection
management side, the Counterproliferation Center (CPC) has negotiated agreements
whereby some of the INTs have passed much tasking responsibility to the CPC; the
result is said to be improved collection and a reduced need for duplicative analytic
capability within the INTs, plus a freeing of the program managers from this onus, so
they can concentrate on other responsibilities.
A contrary view recently was presented by the Intelligence Capabilities Task
Force, however, which found a high degree of agreement between analysts and
collectors that somehow system program managers left to their own devices have
managed to build the right system and collect the right material. The Task Force does
concede that there exist many "enduring challenges" or gaps, as well as a growing
denial and deception problem which has not been acknowledged by most analysts.
Just as there is often little control over disparate theater operations unless a
Commander-in-Chief (CINC) effectively exercises his options during crisis, at the
national level there is no centralized collection management looking across all the INTs
and deciding which can most effectively pursue a given target. This deficit arguably
has become more problematic since the end of the Cold War. The Soviet targets on
which most of our collection previously was focused were largely predictable and slow
to change. Most US intelligence players had a fairly set role, and relatively infrequent
differences at the margins were adjudicated at a high level rather than on a daily
working basis.
Now, however, targets are dispersed worldwide and far less
predictable, and the strain on resources is greater. Yet we tend still to concentrate
on management of static target decks, even as the need grows for far more flexible,
ad hoc, rapid reaction to changing circumstances and opportunities - for support of
the military balanced against enduring requirements^ for overcoming denial and
deception, and for effecting synergy through rapid response to tipoff.
The new strain on collection management is especially exemplified by the
dilemmas arising from the recent development of simultaneous military involvements
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in various areas of the globe. Partly because US political culture has evolved to
intolerance for even a low level of casualties, military and political leaders are inclined
to throw all available intelligence resources against these sensitive situations, even
though their marginal contribution there may be far less than if they were collecting
in a non-crisis area. Hence the foundation of the widespread complaint among top
civilian analysts that collection has been excessively skewed to support for current
military operations, to the fundamental detriment of maintaining an intelligence base
on non-crisis areas and issues more fundamental to long-term U.S. security.
While support for military operations (SMO) is seen as the culprit, however, in
reality this is not a "national versus military" dichotomy, but rather a near-term or
crisis focus at the expense of medium- to long-term requirements, the latter including
SMO. This is true for two reasons: first, the top "national" leadership and users are
clamoring for crisis coverage as much as is the military leadership, since military
involvement and setbacks in such spots have considerable political as well as military
implications. Second, those areas from which collection has been drawn off are also
extremely important to the military. Indeed, since military interventions have been
occurring in unpredicted areas of the Third World, failure to maintain an adequate base
probably will affect most severely our future capability to support military operations.
When requirements outstrip capability, prioritization obviously is needed.
However, PDD-35, which established a "tier" system for U.S. Intelligence, in some
ways appears to have worsened the problem. Analysts believe the tier system is
being imposed too rigidly. As a result, the top five or six requirements receive the
great majority of the resources so that we do them exceedingly well, but those below,
especially those beneath the top tier level, languish with leftovers at best.
While this would not become a major issue if intensive intelligence support for
interventions or crises lasted only for a few months, prolonged involvements have
become increasingly common and have intensified collection management conflicts.
Critics of such diversions argue that decisions such as these often have reflected a
lack of appreciation for balancing requirements, for longer-term US priorities and
needs, and for the fact that piling on additional collection may bring only marginal
value added, but at considerable opportunity cost.
Such acrimony can only be expected to increase dramatically in the future, if
we implement plans to reduce greatly the number of satellite collectors. And the
accumulation of diverse capabilities on huge satellites means that whatever such a
satellite's theoretical collection capabilities, in reality, severe tasking conflicts often
will develop; pursuit of one task may have to be accomplished by excluding use of
another capability, or the attempt to execute both over a given area and time may
cause inefficiencies.
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What Share for Collection ?
During the 1980s, critics argued that US intelligence had a largely peacetime
orientation toward arms control and other "national" issues, and that it was not
designed to serve the warfighter well. With an orientation on collection and a focus
on distribution to national users located primarily within the Washington beltway, it
did not demonstrate the agility, rapid data fusion or dissemination to far-flung areas
which was needed to support field operations efficiently. Although the Gulf war was
a far less stressing scenario than we might one day face, and although US intelligence
performed well overall, the legitimacy of these critiques largely was confirmed in
1990-1991.
The need for more investment in processing and exploitation has deepened as
collectors are being designed to amass far larger volumes of data.
Critics also long have contended that expensive satellites are not being used
efficiently, especially during the early deployment phase of new and upgraded
systems, because requisite processing and exploitation capability on the ground are
given short shrift and developed only belatedly and sometimes halfheartedly. As a
result, billions of dollars routinely are spent on collection systems that have for long
periods of time been used suboptimally.
The data available to date have indicated that the tendency to favor collection
has grown stronger rather than weaker. Since 1992, the budgetary priority and
dominance of collection apparently has increased rather than decreased. As the
intelligence budget has declined, collection has taken fewer cuts within both Tactical
Intelligence and Related Activities (TIARA) and National Foreign Intelligence Program
(NFIP) budgets, and hence consumes a larger share of available resources than
previously.
The NFIP collection budget is dominated by the National Reconnaissance Office,
whose budget has climbed fairly steadily and is projected to continue doing so. The
requested National Reconnaissance Program (NRP) share of the NFIP, therefore should
continue to rise within a static or declining overall NFIP budget. Satellites and
associated ground facilities also were taking more of the reduced collection portion of
NFIP funds. Nonetheless, the overall collection budget has been faring better than
other portions of the NFIP. The TIARA budget is weighted less toward collection,
probably in part because many intelligence dissemination systems must be financed
within the services. Comparison of 1989-91 figures with 1995-97 projections also
show that collection has fared well within TIARA.
With respect to TIARA, it should also be noted that unmanned aerial vehicles
currently developed as prototypes under Advanced Concept Technology
Demonstration (ACTD) programs are not funded for production, and collection budget
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increments for this purpose might be necessary beginning in FY 1998-2000.
Likewise, there is a potentially large unfunded processing, exploitation and
dissemination bill for these systems; attention and funding to date usually has
concentrated on the collection portion, despite historical neglect and inadequacies in
other areas. Overall, TIARA Investment in imagery collection has been increasing, but
imagery processing and dissemination admittedly are not funded adequately under
current TIARA projections.
Many in both the Executive Branch and Congress, including this Committee,
increasingly have objected to. the traditional budgetary dominance of collection and
believe we could achieve more value for the marginal dollar by shifting funds to
processing, exploitation, analysis and dissemination. This consensus has grown since
DESERT SHIELD/DESERT STORM highlighted deficiencies in "downstream" activities,
notably dissemination. The aforementioned Intelligence Capabilities Task Force also
has provided a dissenting note on this issue, however, finding that collection and
production/analytical capabilities have been pretty well balanced, and that if anything
a slightly greater emphasis on collection may be needed. It should be noted, however,
that at present we often collect significantly less than our capability, since platforms
are built with capacity excess to projected normal operating requirements to allow for
surge capacity.
Regardless whether collection and downstream capabilities other than
dissemination were well balanced in the past, many would argue that there will be a
future imbalance favoring collection if action is not taken. They fear that it will be
difficult to make efficient use of large prospective increases in data, to be collected
by technical platforms now planned or under development as well as by "open source"
methods. Indeed, some top analysts believe the community already fails to exploit
adequately the imagery and signals data currently being collected and processed.
While inevitably we will always collect significantly more data than we use, some
wonder whether we can continue to explain or rationalize the collection of large
excesses, especially since only a very small part of what is collected is actionable.
Prominent experts have voiced to the Committee worries that in the future it will
become more difficult to separate the wheat from the chaff, and that we could
become overwhelmed with data and unable to reduce it to the information we really
need. Some have wondered whether we will need a new class of data sorters, to cull
information to forward to data users.
.
On the other hand, however, users - and builders -- sometimes have been
loathe to reduce collection platform requirements, which might in turn reduce costs.
Some also note that arguments over intelligence assessments usually.are resolved
definitively only by acquiring more data, not by more analysis.
The Chairman of the House Permanent Select Committee on Intelligence
(HPSCI) has adopted a position that fundamentally transcends this argument about
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whether there is an imbalance between collection and downstream activities. It is his
view that satellite collection and ground systems, which as noted above account for
approximately half the NFIP collection budget, probably could be accomplished for far
less money, thus freeing up large sums of money for more innovative collection
schemes, for greater investment in downstream activities, and/or for reductions to the
intelligence budget. This reduces us to the proposition that we can do it smarter, that
technology allows the future NRP to collect as much as or more than now planned,
for much less expenditure. The aim should be to reduce substantially the cost of
some or most "baseline" NRO systems in order to free up money for other purposes.
Moreover, we should attempt simultaneously to decrease satellite system vulnerability
and increase our capability to counter denial and deception.
In its FY 96 authorization bill, the Committee advocated immediate and
aggressive development of prototype small spacecraft imagery alternatives, including
associated rapid acquisition practices and perhaps completely modernized ground
facilities. The authorization conference referred this proposal to an independent panel
established by the Director of Central Intelligence, which is to report back this spring.
Potential savings could contribute greatly to containment of collection costs,
with the added benefit of providing more platforms, thus decreased vulnerability and
greater coverage or revisit.
While small satellite applications have to date
concentrated on imagery platforms, their potential for SIGINT and communications
applications also should be accorded high priority. Regardless whether the panel
decides to proceed with development now, we believe that smaller and cheaper
satellites are the technological wave of the future, and that the IC also will adopt them
eventually, if belatedly. Secondly, the Committee initiative already has spurred the
admission that far lighter and less expensive "medium satellites" could be built,
confirming our view that considerable reductions could be made to the NRP spacecraft
budget. To date, there has been less study and movement regarding.ground systems.
Thus far, the NRO's reaction to rising costs has been the opposite of what we
have recommended. Acknowledging that space system costs were becoming
prohibitively expensive, the NRO accepted the recommendations of a 1992 panel to
reduce the number of spacecraft on orbit by nearly half, compensating for this by
loading up still more investment and capabilities on the remaining upgraded platforms.
The theory behind this was that after initial investments, constellation costs would
come down. Instead, however, it appears that, at best, expenditures would level out
at higher levels that previously. In effect, we have roughly doubled our costs per
spacecraft, as well as increasing our vulnerability to denial and deception and to
accident or attack.
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Technology Allows More Capability at Less Cost
Two Committee IC21 hearings on technology trends reinforce our conclusion
that commercial technology and practices hold the key to relatively painless reductions
in collection costs. Witnesses agreed that commercial technology is much cheaper,
is widely available, leads government R&D in many areas, and is characterized by
rapid (six to 24 month) generational turnover. The challenge for government, they
said, will be to concentrate government R&D in key niche areas with little commercial
use or interest, and to change radically our acquisition philosophy and processes.
Success will be dictated by our ability to concentrate on swift application and fielding
of commercial standards and the latest commercial technology, allowing us to
maintain a qualitative and cost advantage over adversaries. This will also permit a
more robust, competitive and easily maintained industrial base.
Of all the technology advances, perhaps the most important is in processing and
microelectronics, or "information technology." Rapid generational advances in this
area, with turnover every six to 18 months, have important applications throughout
the intelligence spectrum, from "upstream" collection through "downstream"
processing, exploitation and dissemination.
These continuing revolutions in processing capability, for instance, help permit
fielding of spacecraft that are not only lighter and cheaper but also smarter, allowing
greater on-board processing of information. The latter, in turn, could permit direct
dissemination to the field and communication between satellites.
For some
applications, eventually "micro-satellites" deployed in "clouds" and communicating
with each other and possibly with a larger mother satellite might feature distributed
collection and division of labor, thus allowing inexpensive reconstitution or selective
parts replacement.
Rather than embracing the advancing technology, however, the NRO opted to
continue making very large satellites, which are very costly in themselves and also are
extremely expensive to launch. Partly, these decisions traced to an assumption that
we could not get all intelligence assets off the TITAN IV, and if we could not do so,
we might as well put a lot of NRO spacecraft on TITAN IV in order to avoid increasing
the already enormous costs per launch.
Therefore, for example, despite major advances in composites and lightweight
materials, spacecraft bus often remain very heavy. Similarly, electronics often are
much heavier than current technology allows.
Examples of major technology
advances which could be incorporated to reduce spacecraft size and cost while
retaining capability include: gimballed or phased array antennae; high efficiency solar
arrays and high density batteries; high performance computers and digital commercial
DRAMs; and more advanced attitude control systems such as Inertial Measurement
Units (IMUs), Star Trackers and Global Positioning System (GPS) receivers. Even
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where the NRO has pioneered new technology, its baseline programs have not always
moved to put it on orbit quickly.
In processing, too, better adaptation to commercial standards and rapid
technology advances should revolutionize the way the NRO and others do business.
In the NRO, ground processing policy often has mirrored the approach to associated
satellites. Usually we have resorted to very expensive upgrades of custom-built,
vendor-specific, old and inefficient technology. This is one reason why ground
processing now can represent two-thirds of space system costs. With dramatically
improved processing power and software based as much as possible on commercial
standards, tremendous efficiencies and cost savings are possible. This is why some
of the small satellite proposals advocate redesigning processing systems with "a clean
sheet of paper" approach. Because individual satellite programs currently use different
contractors with system- and proprietary-unique processing, this must be changed
before we can fully acquire cross-platform, cross-INT collection synergy. This also
reinforces the need to integrate ground facilities based on common standards and
protocols and on commercial technology to the fullest extent possible.
Smaller satellites could potentially feature life cycle costs less than half those
of some current satellites, freeing up billions of dollars. Often, smaller satellites also
offer important advantages other than financial savings; one major point is that we
could put more platforms on orbit, allowing better revisit time, more flexible worldwide
coverage, decreased vulnerability and more a efficient industrial base.
Advanced technologies such as those allowing increased processing aboard
even lighter weight spacecraft now render it possible to disseminate selected data
direct from the satellite to simplified, distributed ground stations. This might gratify
users by sending some data directly to the field, and it could also reduce our
vulnerabilities due to chokepoints in these systems. And, once again, it is commercial
technology which has led the way in developing concepts for direct dissemination to
individual users.
There has developed a belief that "direct" or "global" broadcast is a better
option than direct download, since it allows processing and fusion of material in the
US and distribution of culled information to military units that might otherwise be
overwhelmed. However, it appears that global broadcast and direct downlink (DDL)
from collection platforms should be considered complementary rather than competing
alternatives, so long as DDL is executed in a cost effective manner. Field ground units
could collect from tactical assets and broadcast processed information up to satellites
for transmission back to the US. They could task and collect from satellites via direct
downlink only the most important data for their purposes, and would have only
themselves to blame if they got too much to handle. DDL would ensure their timely
receipt of the most important data, the ability to view high priority "raw" product fully,
protection against possible communications interruptions or priority problems, and
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provision of a minimum backup against satellite system vulnerabilities.
In general, this study argues that the NRO should eschew a policy of extremely
expensive, evolutionary upgrades and instead seek revolutionary leapfrog technology
based mostly on commercial technology wherever feasible and prudent. However,
affordability also will require a change in acquisition philosophy similar to what others
have urged for Department of Defense (DoD) programs. Systems will have to be
produced quickly, competitively, and in larger quantities, in order to control costs and
get technology on orbit promptly. DoD directives to minimize military specifications
on existing and planned systems will have to be taken seriously. Management
superstructure should be minimized, and personnel reduced to the minimum needed.
This is contrary to current trends. Further, NRO "base" or support costs constitute
fully one-third of the NRP, and have not been delineated well for outside or
Congressional scrutiny.
Streamlined acquisition philosophy also focuses on requirements rather than
contract specifications, allowing the contractor to determine how to meet those
requirements. Fixed price contracts should replace cost plus contracts wherever
feasible. In the past, NRO contractors were incentivized primarily to extend satellite
life, with profits increasing accordingly. Hence, intelligence satellites have become
very long-lived. This philosophy, too, probably should be reconsidered, because as
technology advances ever more rapidly, it has complicated efforts to get new
technology on orbit.
Despite these advances in longevity, the NRO continues to resist altering
artificially low "mean mission duration" (MMD) estimates, according to which
acquisition schedules are planned. The result has been inefficient procurement
stretch-outs, belated cancellations, high satellite storage and team maintenance costs,
constant disruption to an incorrectly sized industrial base, and attendant high overhead
costs which are passed along to the government. In addition to these inefficiencies,
stubborn adherence to artificially low MMDs has driven us to numerous policies that
otherwise would be considered illogical, if not downright silly.
Apportioning the Collection Budget
Regardless how they are operationally used, there is widespread agreement that
there is little logic in the process for deciding which collection capabilities we most
need and should acquire in the first place. Not only are there few means for trading
off the value of one potential platform against another, but there is little mechanism
for trading off collection against other priorities.
It is striking, for instance, that the division of resources among the INTs has
remained largely static over the years, especially within the NFIP, which is less volatile
as a whole than is TIARA/Joint Military Intelligence Program (JMIP). This static - or
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stagnant -- status persists despite vast changes in world politics, targets, and
technology.
Measurement and signatures intelligence (MASINT) also presents a perplexing
case history. Difficult to understand and often without an established constituency,
under the current budget allocation system, it will have a hard time coming to its own
due to declining budgets. Indeed, MASINT budgets have shrunk we rushed to shut
down traditional radar collectors on the theory that they no longer were needed for the
post-Cold-War period. Yet many believe that MASINT collection could become the
most exciting future intelligence technology if properly managed, and if these and
other potential new initiatives were not considered primarily as threats to the financial
viability of expensive existing programs.
Non-technical collection capabilities considered relatively cost effective
sometimes also have had difficulty maintaining and increasing budget share. HUMINT,
for example, sometimes has been cited as potentially far less expensive than technical
platforms as a means of collecting the most highly focused and sought-after
intelligence requirements, e.g., on enemy leadership and intentions. This could be
particularly true if civilian and military HUMINT collectors undergo the cultural change
of realizing that their future is brightest if they wholeheartedly marry HUMINT
operatives to technical collection, something now made possible by the advance of
technology and miniaturization.
Open source intelligence traditionally also has had a difficult time increasing
market share commensurate with its potential. The growth of open source material
should allow a further refinement of collection strategies and an ability to concentrate
the limited number of technical collectors on the truly "hard targets." However, the
burgeoning availability of open sources has complicated the IC's ability to manage the
amounts of data now available. In addition, there is a bias among some in the
intelligence and policy communities against open sources, stemming from the
erroneous belief that no information that is valuable is likely to be easily accessible or
unclassified. This prejudice severely undercuts the utility of open sources and can
only be overcome through positive action. Moreover, the under-utilization of open
sources -- and HUMINT - may be due partly to a lack of understanding among users
about their potential and how to use them. The IC has been addressing these
problems for the past several years and should devote more resources to them, given
the savings this may create in terms of overall collection costs.
:
Such collection budget allocation problems apparently derive partly from the
observation above that each stovepipe or program determines its own budget and
writes its own report card. There is little mechanism at the top level for judging
between them, and some argue that it would be virtually impossible to maintain in one
decision-maker or centralized location the detailed knowledge of all the diverse
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intelligence programs and capabilities that would be needed to inform centralized
management over a sustained period.
The only current institutional mechanism for effecting such trades within NFIP
has been the Community Management Staff (CMS), which sometimes has been
directed not to interfere with program managers. Moreover, program element
monitors within CMS are detailed from elsewhere in the Community and eventually
must return to their old positions, so are in a poor position to issue judgments which
might be unpopular with their parent organizations.
Some argue that both collection management and program trades at the margins
can best be effected by the all-source analysts located in centers, by task forces or
by issue management teams. These persons are read into most or all relevant
collection programs, know their capabilities, access and current operations, and can
judge past performance and cooperation compared to other collectors.
One suggestion is that these groups be given some "seed money" of their own,
so they can pursue low-cost collection programs which now languish as large,
expensive programs receive the attention and money. It can be confirmed that on
Capitol Hill as well, allocations of a few million dollars often are scrutinized far more
carefully than large programs, although their sums amount to less than the rounding
errors of the latter.
These seemingly intractable problems regarding allocation of the collection
budget might be approached in a novel way by considering development of a "market"
approach to apportioning collection monies, rather than the current system. The
market approach would seek to avoid the problems of the "command economy"
alternative most often considered; for objective, long-term expertise in these many and
complex programs probably is at best fleetingly achievable in an all-powerful DCI or
collection "czar" or centralized staff. A market system might also present numerous
other advantages, although implementation could be difficult, at least initially. The
following exemplifies the outlines of such a system, which requires further thought
and development of detail.
One way in which a market system might be implemented would be to
apportion among intelligence users money or monetary "chits" for the coming and out
years, which they could divide and allocate among potential collection systems that
appear able to meet their future requirements most cost-effectively. Those most
successful in allocating their money wisely would not be punished by taking away
savings, but rather would be free to use those savings for additional collection
benefiting themselves.
Under this example, a method would have to be devised for fairly apportioning
money or monetary
"chits,"
representing
non-baseline dollars,
among
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users/consumers, with flexibility for changes in perceptions of need/fairness and in
national security priorities over the years. On the military side, for instance,
consumers could include the Defense Intelligence Agency (DIA) all-source analysts,
CINCs, services, joint staff and the Director of Military Intelligence; on the civilian side,
they might include the DCI, departments and agencies, the National Security Council
(NSC) and CIA all-source analysts and centers. If necessary, a means could be found
to weight a portion of these votes towards "enduring challenges" or long-term gaps
and for collection to overcome denial and deception, e.g., by requiring individual users
suffering from such gaps to expend a percentage of their chits in this area or by
setting aside a bloc of DCI and DMI chits for this purpose.
Core or "baseline" capabilities would be determined and maintained for program
stability, but would be thoroughly and critically reviewed both initially and yearly
thereafter for cost effectiveness and operational responsiveness to consumers. Any
questions or discontent surfaced by either an independent staff permanently assigned
to a CMS-style organization or by Congress and consumers would be aired thoroughly
and periodically reviewed by the consumers, with budgetary adjustments made
accordingly.
An accumulation of enough "chits" could either finance a fully designed and
costed system as presented to users or, in planning and requirements stages,
represent the cost and requirements/users for which a system should be designed.
Program managers would have to market their proposed product among potential
users/payers/voters. A truly independent CMS (not using agency detailees) could
serve not as the DCI's resource to grade and prioritize programs, but as a "truth in
marketing" organization for technology risk and cost estimates, to which users could
refer (cf. Intelligence Community Management staff study). If high-cost but necessary
systems could not achieve funding "critical mass," a "runoff" system might have to
be developed.
Such a "market" system would appear to have the advantages of: naturally
eliminating unnecessary redundancy; favoring lower cost systems; forcing users to
prioritize their requirements more carefully, since users would have only a limited
amount of money to spend for their particular needs and would be truly paying the bill;
forcing a debate over requirements priorities, both when distributing and when
expending chits; and presenting incentives for cross-service, cross-TIARA/JMIP/NFIP
investments, depending upon which option would meet needs at lowest cost, since
the user would be able to retain savings for other purposes. Program managers would
be incentivized to minimize compartmentation and program costs, and both they and
users would be motivated to form groups of multiple users who might share the bill.
Once the system was operational, collection management would be geared to satisfy
those who had paid the bills, in order to sustain their support for the existing system
and maintain consumer trust for future budget decisions; utilization for other
unforeseen customers could be directed by the DCI or his collection deputy. As in a
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true market system, the DCI and other users would be free to trade informally some
of their own chits/votes, as they saw fit.:
The system would become more free-wheeling, and aspects of it might seem
undesirable to some. Consumers would have to become far more educated on the
range of collection systems and opportunities than most are now, and inevitably would
make some errors. Political infighting and wheeler-dealing would continue to flourish,
especially over consumer "chit" allocations. Expert marketing or salesmanship could
become a program'commodity as valued as substantive expertise.
However,
consumers primarily voting their own self-interest ultimately should produce a more
rational, efficient, fair and flexible system than we have now or than could be
achieved and maintained under "command economies" overseen by the DCI/CMS, DMI
and individual services.
Recommendations
Collection Svnerav and Collection Management
1)
Interoperability should be effected through a high-priority revolutionary
approach rather than through the evolutionary methods now contemplated; the latter
would delay achievement of extensive synergy for a generation. This revolutionary
approach would accept more short-term risk and disruption in exchange for much
larger and quicker pay-off.
- For the near term, universal translators should be developed and
fielded to put headers on data coming from "legacy" collectors using
diverse protocols and standards, thus providing a conversion factor for
all pulse description words.
- Over the next five years or so, comprehensive standards and
protocols (for timing, ephemerus, frequency, geodesy, etc.) should be
developed and enforced for new systems, similar to the multi-layered
standards set for the computer science industry by an international
standards organization.
- Synergy thus should be maximized from collection through
processing, exploitation and dissemination. The number of unique
systems and components should be minimized, and use of commercial
off the shelf components maximized. With digitization and proper
standards, we should eventually be able to disseminate, exchange and
exploit all data within a common transmission/receive system, just as the
commercial world now is leading the way in routing voice, video,
computer and fax over the same lines.
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2)
An independent DCI/Secretary of Defense (SECDEF) level board should
be established which sets and enforces all necessary standards, protocols, etc., for
intra- and cross-IIMT interoperability from collection through dissemination and
exploitation, basing them as much as possible on commercial standards, (cf.
Intelligence Community Management staff study and its discussion of the
Infrastructure Support Office (ISO)).
3)
While we should be effecting a shift from single system geolocation to
collaborative geolocation, too much of the initial focus of fused collection has been
on what might be the most demanding of fusion problems, i.e., the achievement of
extremely precise geolocations. Much greater effort should be devoted now to crosscueing and integrated collection management, with high priority on cross-INT aspects.
4)
All-source analysts extensively trained in collection management and with
access to data from all collectors relevant to their mission area should select and task
the collectors most suited to their problems, (cf. Intelligence Community Management
staff study on CMS collection management and electronic connections with analysts
and collectors.) A concerted effort must be made to develop and sustain this
expertise at both the national and tactical levels, through improved, centralized crossIIMT collection management training and utilization programs.
5)
It seems necessary to centralize collection management in order to:
reduce duplication; effect cross-INT trades and use the most efficient collectors;
achieve desired collection synergy and counter-denial and deception (D&D) capability;
and provide improved collection dexterity and responsiveness suited to the post-cold
war world, (cf. Intelligence Community Management staff study.)
- With improved communications and computer programming and
graphics, and with a transformation to "bits are bits" synergism, multiple
centers could exist with independent capability and full interoperability.
For instance, there could be a national collection management center as
well as tactical command and control/information centers in each major
regional command, plus ad hoc hoc teams for local crises or operations.
- Computer programs could depict all available assets and thein tracks,
and automatically compute the most accessible and cost-effective
collection solutions. Interoperable dissemination could bring all requested
data from any source down to a single point -- with digitization, "bits are
bits."
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6)
Improved, common data bases with easy retrieval by those at remote
locations are essential for synergism in both tasking and exploitation, (cf. Intelligence
Community Management staff study.)
7)
The Intelligence Community must find a better way to manage and
balance near- and longer-term priorities, which recently have become too weighted
toward support for current crises and interventions.
Collection-Downstream Balance
8)
The IMFIP/TIARA budget should be broken out within the five crossprogram
categories
of
collection,
processing,
exploitation/analysis,
communications/dissemination and infrastructure. The purpose of these groupings
would be to focus policy and budgetary attention on the relationships and trends
between the five components. At minimum, overall figures with accompanying tables
of component line items should be presented in overview books/portions of the
Congressional Budget Justification Books (CBJBs)/Congressional Justification Books
(CJBs) for FY 98 and beyond. This approach could be compatible with and
complementary to mission-based budgeting. If detailed mission based budgeting does
not prove practicable, these five divisions could form the basis for building the budget
and for organization of all CJBs/CBJBs, and could be a vehicle for forcing competition
for decreasing funds within and between the five divisions. Categorizing the budget
in this way should also incentivize programs to reduce costs (see below).
- The collection category should include the platform command and
control portion of the ground infrastructure, but there should be further
study of whether any initial ground processing should be included within
the collection category, and, if so, to what level.
- TIARA, JMIP and NFIP activities should be budgeted and operated
cohesively, since the distinctions between them are decreasing or
disappearing.
- Congressional budgetary oversight would best be organized along
these five budget categories as well.
9)
The DCI and Secretary of Defense should determine percentage allocation
goals among these five components, which would redistribute resources over a
defined period of years to a more rational and less collection-heavy budget.
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13)
Congressional Budget Justification Books (CJBs, CBJBs) should be
written to elucidate clearly the costs, limitations and mission applications of existing
or proposed collection systems. If the above "market" system of budget allocations
were implemented, these books would serve as the basic reference documents for
users as well as for Capitol Hill in assessing individual programs.
14)
Planned IMRO funding levels should be reduced, and there should be an
immediate shift in direction toward rapid deployment of more, smaller and cheaper
satellites wherever this is practicable, with appropriate measures to maintain large
satellites in these respective areas so long as reasonably necessary to hedge
technology and development risk.
15)
We should move to supplement broad area and multispectral collection
with commercial satellite sources, maintaining a minimum core capability but relying
heavily on commercial adjuncts and surge capability. Modernized ground stations
should be made compatible with commercial standards and capabilities.
16)
Especially if the NRO does not move toward a far more distributed, robust
architecture than now is planned, the military should consider developing inexpensive
and possibly reusable "tactical satellites" to supplement national collection over denied
areas during crises.
17)
NRO ground systems should be modernized as required, using a "clean
sheet of paper" approach and employing commercially based, interoperable technology
to the greatest extent practicable, except for necessary specialized applications. This
should allow meaningful and continued contractor competition, drastically cut both
initial and upgrade costs, and be designed to maximize synergy between collection
systems and associated ground stations. A systems integrator should be hired to
study the best way to effect these goals, and we should consider the possibility of
maintaining updated, cohesive ground stations by contracting out to a systems
integrator (cf. Intelligence Community Management staff study).
18)
On-board processing and partial data transfer through direct downlink
should be pursued as a means of better serving customers, reducing satellite system
vulnerability and potentially reducing costs. System vulnerability and chokepoints
should be addressed as a matter of intense concern, especially if the prospect of
information warfare is taken seriously.
19)
The current method of gearing acquisition strategy to an artificially low
calculation of expected satellite life should be altered to reflect actual experience and
more realistic expectations. Spacecraft program managers should consider elimination
of a specified mean mission duration in contract requirements and contract incentive
rewards, allowing this to remain as a "bonus" factor in evaluating contract
competition.
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20)
Platforms and sensors built for purposes other than intelligence collection
should be used routinely for intelligence purposes when this is possible, needed or
cost effective. Sensors built for other purposes, but which might provide data useful
for intelligence purposes, should be surveyed, inventoried and utilized, for both
strategic and tactical collection purposes.
21)
Especially in the space area, the focus should be on technology leaps
with maximum utilization of commercial developments, rather than on numerous
expensive block changes and system upgrades.
22)
The NRO's industrial base policy should be closely scrutinized.
Expenditures for this purpose should be minimized in coordination with the drive to
maximize use of commercial technology. Policies for selection, especially noncompetitive selection, of those companies which will survive, become "centers of
excellence," or receive all future NRO business, should be revealed and externally
examined for both fairness and long-term financial sense. The industrial base
problems associated with building and upgrading few complex satellites with long
design lifes should be examined. This approach should be weighed against the
advantages and disadvantages of building many more and cheaper satellites quickly
and in larger numbers, with competitive procurement of leapfrog technology for space
and ground segments, rather than relying on expensive block changes and partial
upgrades to old technology.
23)
A much cheaper system of reliable spacecraft launch should be developed
(cf. Collection: Launch staff study.)
24)
Program managers building intelligence platforms, especially spacecraft,
should immediately embrace the Secretary of Defense's directive to adopt commercial
standards for existing and new contracts, minimizing use of military specifications and
standards.
25)
Acquisition timelines, personnel and paperwork must be reduced
considerably, to get available new technology on line rapidly and to reduce costs.
26)
There should be a concerted effort to educate users on the utility of lower
cost open source and HUMINT information, and this material (with proper safeguards
for sensitive clandestine HUMINT material) should be rapidly communicable over the
same dissemination system used by other collectors.
27)
The burgeoning availability of open source material presents both
problems and opportunities. In order to take full advantage of open sources, the IC
must continue to develop improved means of collecting, exploiting and processing
open source information.
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The SIGINT staff study relied heavily on the foundation of the Committee's
oversight and evaluation of both the National Security Agency (NSA) and the United
States SIGINT System (USSS) for the past several years, to include recent hearings
dedicated to SIGINT program management and the Global Network Initiative. This
was augmented with two panels, one composed of the Division Chiefs within NSA's
Directorate of Operations (DO), and one of the Chiefs of the Service Cryptologic
Elements (SCEs); a variety of focused interviews; and a series of questions for the
record.
The study states at the outset that NSA is an extremely successful organization
and that the recommendations contained in the study are intended to improve an
agency and a functional system that have provided invaluable support to the nation's
policy makers. Although the study group does not believe that the cradle-to-grave
approach to a discipline is necessarily the most constructive approach for the future,
it has served the nation well in the past and certain elements of the NSA model are
worthy of emulation by the rest of the technical intelligence community.
The success of the SIGINT system has been in large part due to NSA's formally
established technical control over the discipline, which has resulted in the
development of a coherent architecture for collection, processing, exploitation,
analysis and reporting. However, this very strength has become also a weakness, as
the resources required to maintain the Consolidated Cryptologic Program (CCP)
infrastructure are now competing with investment in the core missions of NSA.
Because of the way the Intelligence Community is structured and "managed," SIGINT
requirements compete only with other SIGINT requirements within an artificial top line
dictated in large part by last year's appropriated amount. Increasing personnel costs,
for example, thus result in reduced research and development expenditures, one of the
few "discretionary" funding categories within the CCP.
In the broadest sense, SIGINT is a "bridge" between imagery's ability to
observe activity and HUMINT's ability to gauge intentions. With its current global
reach and multiple sources of collection, SIGINT provides a hedge against strategic
deception and can be extremely useful for the tipping of other collection assets. As
the Information Age continues to evolve, the task of maintaining the SIGINT system's
global reach is becoming more difficult; however, the trend towards increasingly
interconnected telecommunications networks using various transmission media, in
conjunction with the more fluid geopolitical environment of the post-Cold War world,
makes global access more critical than ever before. Access, however, is only one
piece of the puzzle. The most important challenges of the future may lie in the
quantity and quality of what is being transmitted rather than the means of
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transmission. The ability to filter through the huge volumes of data and to extract the
information from the layers of formatting, multiplexing, compression, and transmission
protocols applied to each message is the biggest challenge of the future. Increasing
amounts and sophistication of encryption add another layer of complexity.
Signals Intelligence today is at a crossroads.
The global revolution in
communications technology demands new techniques, new procedures, and a new
corporate mindset. The technical challenges currently facing the SIGINT community
are daunting, but the outlook of those involved is cautiously optimistic. As with past
and future SIGINT targets, the very technology that creates the difficulties can be the
most effective tool to overcome them. This assumes, however, a sufficient level of
investment to enable SIGINT to stay close behind technology. A commitment to
preserve the technical capability to access and exploit all major communications media
worldwide requires a level of investment that is not now planned for the SIGINT
system over the Future Years Defense Program (FYDP). And yet, SIGINT is already
the most expensive of the intelligence disciplines. How to balance the required level
of investment in technology with the maintenance of existing core capabilities is
perhaps the true challenge for SIGINT as it moves toward the 21st century.
In keeping with our recommendations in the Intelligence Community
Management staff study, we believe that the rest of the technical collection
community would benefit from the application of a variant of the DIRNSA's (Director
of NSA) technical control over SIGINT. We also believe that the Intelligence
Community (IC) and the nation would benefit from programming and budgeting
decisions that were based on a cross-discipline analysis of collection, production and
infrastructure requirements and capabilities, rather than artificial trade-offs within
programs or specific disciplines. Our proposals for improved community management
of R&D investment and, in particular, consolidation and reform of personnel
management should also prove of significant benefit to the SIGINT community. This
study highlights the need for improved management and focus of SIGINT R&D to
ensure that critical areas are adequately funded and the need to reshape the workforce
for the 21st century.
In a more centralized structure, the SIGINT "stovepipe" would still exist,
although ideally with much greater permeability at all levels, to capitalize on the
professionalism and expertise of the cryptologic workforce. However, we believe that
much of the analysis that is conducted at NSA today is more properly done under the
auspices of an all-source collection agency such as Defense Intelligence Agency (DIA)
and Central Intelligence Agency (CIA), although this resubordination could be done
electronically rather than physically. We also believe that there are specific areas of
the SIGINT system that require improvement or more management attention; these are
detailed in the classified study.
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Thus, there is much in store for the IMC; however, it will not come for free.
Funding must be increased to set up the central infrastructure needed to support the
diversity of analysts, to bring those analysts the tools they need to help alleviate the
exploitation chokepoint, and to increase and focus the R&D efforts to bring new
technology to bear in a more rapid manner. Collection costs must be reduced so next
generation systems and exploitation advances can occur. If these things do not occur,
the IMC will not be able to satisfy 21st century requirements.
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IMINT:
Imagery Intelligence
Overview
Imagery Intelligence (IMINT) will be a mainstay of the Intelligence Community
(IC) in the 21st century. The IMINT community (IMC) today is made up of a diverse
set of users including military, national, and civilian. We anticipate that the numbers
and types of imagery users will continue to grow dramatically in the future, perhaps
into other areas not yet imagined. Thus, it is extremely important that our imagery
system be flexible to support these changing needs.
The needs of the military will continue to expand, as their mission spreads into
new, uncharted areas. Across all levels (strategic, theater, and tactical) we will see
this new scope, in areas such as coalition operations; highly mobile, detached
operations; enhanced C4l (Command, Control, Communications, Computers and
Intelligence); and peacekeeping and humanitarian operations, along with further
"operations other than war." These increased areas of responsibility bring with them
a greater need for imagery support. Advanced, precision guided munitions will also
demand a new level of sustained, highly accurate, imagery products.
Civilian and national imagery requirements will also continue to grow. We have
already seen the use of national imagery spread into environmental monitoring and
evaluation and aid in disaster relief, both national and international. Nevertheless, this
particular intelligence source will be of primary importance for support to law
enforcement, counternarcotics and counterterrorism, monitoring treaties and weapons
proliferation, and strategic and economic intelligence. Again, though, there may be
areas of intense, future civilian use that go unseen today, because the future
availability of commercial imagery and the recent push to downgrade national imagery
will potentially bring out new and different users who did not previously have access
to this type of data. Consequently, our future systems must be easily adaptable in
order to meet these vastly different requirements.
The IMC faces several challenges and must adapt in order to maintain the level
of support provided to, and expected by, today's customers in a future, changing
environment. These challenges arise in almost every functional area: organization,
requirements management, collection, tasking, processing, exploitation, and
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dissemination. Other issues include classification levels, denial and deception, and
interaction with commercial systems.
Each of these areas will be addressed
separately in this study.
IMINT will see a great transformation in the next century. Commercial systems
will allow everyone, including our foes, to have access to high resolution imagery.
At the same time, classification of national imagery must provide the required access
to allies while continuing to protect collection/processing capabilities. The number
of users and requirements will grow. Exploitation will be the chokepoint in the
imagery process. The explosion of available imagery will overwhelm the imagery
analyst unless automated/assisted target recognition algorithms or other
exploitation/production tools can be developed. Spectroradiometric collection will
become more important, with major impacts on the collection, processing,
dissemination and exploitation arenas.
Thus, there is much in store for the IMC; however, it will not come for free.
Funding must be increased to set up the central infrastructure needed to support the
diversity of analysts, to bring those analysts the tools they need to help alleviate the
exploitation chokepoint, and to increase and focus the R&D efforts to bring new
technology to bear in a more rapid manner. Collection costs must be reduced so next
generation systems and exploitation advances can occur. If these things do not occur,
the IMC will not be able to satisfy 21st century requirements.
Organization
Much attention has been paid to the IMC's organization in recent months.
However, great care must be taken not to break those parts that work well in an
attempt to fix other perceived problems.
It is obvious that the current Central
Imagery Office (CIO) does not have the authority it needs to oversee a diverse imagery
community. Yet, before we rush into a new organizational structure, we must ensure
that this new organization, while solving immediate problems, will be flexible enough
to cope with the next century's "virtual" intelligence environment.
FINDING: CIO does not have the required authority to oversee and
effectively manage the imagery community.
23-748 96-5
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Exploitation support to the policymakers is excellent. Support to the military-is also
very good in the areas of strategic indications and warning, and contingency planning.
However, providing adequate imagery support to on-going operations is still a
challenge, and will only be more difficult in the future. Thus, it is important for any
new organization to look at this picture and show how deficiencies will be improved
while maintaining the strengths of the previous organizations; at the same time, this
new organization must be considered within the wider context of the IC.
Some have suggested that a new organization be fashioned after the Signals
Intelligence (SIGINT) model. Though it appears to be a convenient organizational
structure, we do not believe this will solve the IMC's problems because the analogy
of the National Security Agency (NSA) is not directly applicable to imagery due to
major technological and operational differences in the two disciplines. We are also
concerned that a major monolithic agency will be LESS responsive rather than more
responsive to the customer. Finally, the risk that future imagery systems will be
driven solely by technology rather than users' needs increases under these proposals
(though this danger does exist with today's organizations). Some also claim that
another major raison d'etre for this new organization is to solve the dissemination
problems of DESERT STORM. We overwhelmingly agree that dissemination is a
problem; however, it is hard to comprehend how an organization that has no control
over theater/Joint Task Force (JTF)/Joint Intelligence Center (JIC) level forces and
lower echelons will be able to solve this problem. Thus, we must again gravitate to
the real problems within the IMC and focus on an organization that will be able to
provide solutions to these problems.
The main problem areas we see with the current structure are imagery program
management/planning, research and development (R&D), collection, processing,
dissemination, and standards. A single, strong policy arm is needed for coherent endto-end planning. Several key functions should be centralized: standards, protocols,
and communications interfaces. A strong R&D oversight structure must be included
to ensure that new technologies are responsive to customer requirements and that
R&D funds are spent efficiently, according to an overall plan instead of each
organization funding bits and pieces as is done today. The IC21 Intelligence
Community Management staff study presents an IC that will solve these deficiencies
through the needed centralization of certain functions while preserving those areas
that work well.
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We believe the exploitation community is one of those areas. This is an area
where IMINT differs greatly from SIGINT. In the SIGINT arena, a signal is collected
and analyzed by NSA, producing information which is then distributed to a variety of
customers and agencies. IMINT, on the other hand, produces an image which is then
sent to a variety of organizations and exploited in many diverse ways within those
organizations. Hence, imagery exploiters are, in many ways, discrete customers/users
of the imagery in and of themselves and, thus, the SIGINT analogy is really not
applicable in this case.
Keeping imagery analysts close to their customers will become increasingly
important but too great a dispersion of capabilities may lead to an erosion of imagery
analysis expertise. Thus, a balance must be struck between decentralization and
centralization of imagery analysis capability. Another balance that must be struck is
the level of segregation between military analysts, analysts who support national and
civilian customers, and cartographers.
Recent recommendations have been to
combine these forces into one exploitation cadre. Again, we go back to our argument
that the different exploitation elements should be treated as discrete customers. There
is danger in too much centralization because of the diverse sets of skills these analysts
bring to the table. We fear that combining these personnel into one homogenous unit
will dilute these skills into one set of "accepted" skills, which will not completely
satisfy any customer's requirements. In order to preserve the diverse set of analytical
skills we have today, we recommend keeping the disparate imagery analysts with their
originating parent organizations, while centralizing the infrastructure that supports
them; however, we also recommend better integration of the imagery analysts into
those organizations for better support to the "all-source" analysts.
RECOMMENDATION:
As noted in the Intelligence Community
Management staff study, second and third-tier analysts from all INTs
should be co-located with true "all-source" analysts in the CIA and DIA.
We must look to the future, not the past, for a new organizational model.
Legacy stovepipe organizations are a product of the past and will not provide the
needed flexibility required to support a "virtual" intelligence community in the future.
Our model of IMINT in the 21st century is based on centralization of vital functions
(end-to-end planning/management, R&D, collection, processing, archiving, and
infrastructure) while sustaining a diverse customer/exploitation base. Needs of the
users must drive the organization and those users' needs are met mainly by imagery
derived information and products prepared by professional imagery analysts, not the
raw image. These decentralized production strengths equate to increased
responsiveness to local needs/missions and the ability to tailor and/or focus efforts
quickly to respond to changing priorities. This flexibility in exploitation, combined with
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consolidation of programmatic and tasking oversight, and a standards based
infrastructure, will truly allow the IMC to be responsive in the 21st century.
Requirements
Requirements on a grander scale and collection synergy are discussed in
separate IC21 studies. However, in the context of imagery, requirements and
collection management must be discussed. The new Requirements Management
System (RMS) for imagery is due to reach initial operating capability (IOC) in June
1996 (eighteen months behind schedule). It is unclear at this time whether RMS will
be able to perform comparably to its predecessor, CAMS (COMIREX Automated
Management System). In all fairness, the RMS goal was admirable: to allow the user
to follow his imagery request and know exactly where it was in the requirements
process.
However, it is a possibility that RMS will never be able to achieve full
operating capability. This is a great example of spending large sums of money on a
stovepipe system. Of course, it was expected that this system would be up and
running by now, and that we would be on our way to designing the collection
management tool of the future. Since this is not to be, in the near-term, we must
ensure that RMS will provide equivalent capability before we allow CAMS to be shut
down. (Both systems cannot run simultaneously.) In the event RMS cannot meet
expected performance levels, CAMS must be retained until the next generation system
is available.
For that next generation system, we envision an integrated requirements
process where all types of intelligence collection are tasked (e.g., SIGINT, IMINT,
MASINT, etc.) Ideally, this translates into one requirements tasking system. The
military's Joint Collection Management Tool, which was supposed to interface with
RMS, is a small step in the right direction and provides only one interface to the
process. However, this is not absolutely necessary. What is required, though, is
consolidated resource planning. We must be able to do cross-platform, cross-sensor
tasking, with dynamic and flexible planning, scheduling, and management. Managing
which users get to steer which collection assets will be difficult. Rapid exploitation
feedback will allow more optimized planning and scheduling.
This all-source
requirements system must be compatible with theater/tactical assets and should look
to meet the goals set out by RMS, mainly that the customer would know the status
of his request, for all -INTS, throughout the entire process. This is discussed in much
further detail in the other staff studies mentioned above.
Validation of imagery requirements also needs an overhaul.
The current
Community Imagery Needs Forecast (CINF) does not currently include all requirements.
It also appears that requirements are based upon what collection systems are/will be
available instead of what information is required. It appears that the "Seal of
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Approval" process does not address cost effectiveness or ability to fulfill requirements.
FINDING: The CINF is incomplete and appears to reflect only what can
be collected versus what needs to be collected.
RECOMMENDATION:
As noted in the Intelligence Community
Management staff study, a Community Management Staff with IC-wide
authority over requirements, resources and collection would improve the
role of all collection disciplines. This would also abet a more integrated
requirements and tasking system for IMINT, which has yet to be
attained.
Collection
Only one solution has been offered so far that shows major promise in reducing
costs while maintaining capabilities: small satellites (smallsats) acquired through
streamlined acquisition practices. A distributed architecture made of smaller, single
function satellites, will provide the flexibility and responsiveness required for the
customers of the next century. Technology is now available that would allow the IC
to shrink its satellite size, thus reducing costs, both for the satellite and the launch
vehicle, but also from an organization infrastructure point of view. Also, by using
streamlined acquisition, this approach allows new technology to get on-orbit more
quickly. Multispectral sensing satellites can be added to supplement this architecture.
Best commercial practices must be incorporated.
RECOMMENDATION:
Move to an architecture of small satellites
(smallsats) to increase capability, flexibility and revisit while reducing
costs.
Smallsats have also been proposed for point targets that need high resolution
collection. These Narrow Field of View (NFOV) satellites, while more complex than
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the Wide Field of View (WFOV), offer an exciting opportunity to maintain capability
but at much reduced cost. Unfortunately, because many people believe smallsats are
only capable of fulfilling narrow, niche missions, these types of satellites will never be
considered seriously until this technology is proven on-orbit. (It appears that it is more
widely accepted that the WFOV mission can be done than the NFOV mission).
Therefore, we must build and fly a NFOV small imager to convince the skeptics that
we do not need to spend billions per satellite to have equivalent capability. Thus, we
must act now. As stated earlier, smallsats will not be considered as a viable
alternative unless there is an on-orbit demonstration showing their worth. It is
imperative that the small NFOV satellite be built as quickly as possible in order for this
technology to be a serious contender.
RECOMMENDATION:
Proceed quickly with a small satellite
demonstration in order to ensure this option is considered as a viable
alternative for the next generation of imagery satellites.
Another idea that should be reviewed, especially if the cost per satellite can be
contained, is to reverse the trend of increasing Mean Mission Duration (MMD) and
build satellites that will last only three to four years. Costs would be further reduced,
both per launch vehicle and satellite, because larger block buys of both systems would
allow a cheaper unit price. Limiting the lifetime of satellites would also allow
advanced technology to be incorporated more quickly and missions to be altered to
adapt to new situations because satellites would be replaced at a relatively fast pace.
Industrial base concerns would be alleviated and launch crews would always be
current on their procedures. The recent push to increase MMD seems to be a survival
tactic to counter the large growth in satellite cost; because the IC's satellites have
grown so expensive, we can buy only a few, spaced out over several years. Thus,
these satellites must last longer so the IC can stretch out its costly acquisitions. This
approach should be given closer scrutiny.
Along these lines, the exploiters should be viewed as customers and as such
should have input in deliberating the value of new systems because they are the ones
who must use the product. They should have direct involvement in utility studies of
new types of systems, which is not the currently the case. Today, the National
Exploitation Lab (NEL) is only involved in these types of studies when asked to
participate. They, along with all other primary users, should have the authority to
demand involvement with the evaluation of any new imagery system.
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The same "clean sheet" argument can be made for the command and control
and ground processing segments for imagery. New commercial satellite architectures
will be required to control on the order of hundreds of satellites. Can we leverage off
of the work they are doing? New processing advancements are being made in the
commercial sector that should be incorporated quickly. This appears to be only one
of many examples where contractors have conveniently made themselves
indispensable, at the expense of the government.
The NRO needs to return to streamlined program offices with smart people
doing the work, thus reducing the need to rely on numerous SETA and support
contractors. This, too, will reduce the costs required to procure satellites.
On the airborne side, Unmanned Aerial Vehicles (UAV) and airborne collection
will continue to be important assets to support the theater and tactical commander.
However, their collection capability is limited to only those areas where they can fly
with impunity. However, for all airborne collection that remains, the imagery must be
collected digitally in order to ensure its compatibility with future imagery databases
and exploitation workstations. The tasking of these systems should be integrated with
the tasking of overhead systems in order to maximize efficiency and delete duplication
of collection.
Exploitation/Information Processing
Exploitation will be the chokepoint in the imagery process of the future. The
amount of imagery collected will be increased greatly at a time when the number of
imagery analysts will have been reduced. How to interpret new types of imagery like
multispectral collection will have to be learned at a time when it will be impossible to
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pull analysts off-line, unless the hiring trend for analysts is reversed. Softcopy
workstations are a critical need and purchases for all imagery analysts should be
accelerated. These workstations should be compatible or able to be upgraded to work
with all types of intelligence and their associated databases. R&D for a softcopy
search tool should be a number one priority. Either the number of analysts must be
greatly increased or technology must be developed to make both the analyst
workforce more efficient and to take away some of the exploitation preparation
workload. We would venture that both must occur: the number of analysts must be
increased and the technology must be developed, both in the forms of better
workstations and better tools. R&D dollars must be consolidated in order to better
serve the imagery community; however, each organization must have control over
some amount of funding in order to preserve specialized tools.
FINDING: Imagery analysts are working with archaic tools; the current
acquisition process does not facilitate the timely infusion of new
technology.
The number of analysts needs to increase now. Also, we are facing a severe
deficit down the road because of a reduction in the number of imagery analysts. The
longer we wait to begin rehiring, the greater the danger we will face a gap in
knowledgeable imagery exploitation. Fifty percent of DIA's imagery workforce will
be eligible to retire within the next five years. This is a problem that cannot be
ignored because it takes several years to train an imagery analyst to be self-sufficient.
Another problem that has occurred because of downsizing is the "in-box"
mentality. This is not just a problem within the IMC but is occurring everywhere
within the IC. Analysts are too busy dealing with the crises of today to have the time
to think creatively and look long range. DIA, in the past, apportioned part of their
personnel to look at long-term issues but they no longer have this capability. History
shows that there will be problems that may take interdisciplinary teams years to solve.
With the current emphasis on immediate information, there is a danger that refined,
thoroughly analyzed intelligence will become a thing of the past. We must balance
real-time information needs while protecting long-term research.
Another issue is the availability of analysts for the testing of new tools,
products, etc. It is currently very difficult to pull analysts off-line for this purpose
because there is no margin left in the number of analysts doing the day-to-day work.
All of these problems hinge on the number of available analysts. Hence, we must act
quickly to increase the number of imagery analysts, both national and military. The
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optimum number of analysts will depend greatly on the exact mission the IMC is asked
to perform and on how well we apply technology to streamlining the exploitation
process for those analysts. Regardless, the number we have today is inadequate and,
due to the long timelines of training, hiring of new imagery analysts should commence
at once.
Future imagery analysts will face even harder tasks. They will be required to
look at and evaluate diverse types of imagery and use more sophisticated tools. They
will also work daily with a paradox: producing thoroughly analyzed, contextually
based products while meeting demanding timeliness requirements of less than 24
hours (in some cases, 12 hours). This is an impossible task in today's environment,
yet will become increasingly more important in the future as other countries gain
access to similar imagery. Strategic advantage will become a matter of whose
collection, exploitation and dissemination timelines are the shortest. Intelligence must
be there swiftly so as to be relevant to decreasing planning and execution timelines,
and packaged in such a way that can be consumed by the user. The lower echelons
of the military present the real crux of the problem: extremely short timelines must
be met yet great detail is still required. This would appear to be a push toward
automated exploitation; this however, implies that the time-dominant reporting will not
have analyst derived information and will merely report what, where and when, not
who, from where and why. In some instances, this may be all that is required but it
is our belief that a human will always be needed, at least during the timeframe
dictated for this study, to provide the cognitive processes of exploitation.
Nevertheless, R&D should be increased and focused on providing these analysts the
new tools and efficient processing capability required to help them come closer to
meeting these demanding timelines.
These new tools will encompass a broad range of capabilities. In the interim,
the emphasis should be on providing tools that will greatly speed up the analysts'
ability to access and integrate information. Analysts need softcopy workstations that
allow for timely retrieval of current and archived imagery with no degradation in
quality. Softcopy exploitation will result in significant efficiencies. It will streamline
the dissemination, storage and retrieval of imagery and will enhance the ability of
analysts to exploit the full range of available data. It will facilitate the integration of
classified, commercial and theater imagery, and will allow analysts to quickly acquire
the "best" images of a target (assuming required selection algorithms are developed).
The ability to perform mensuration from imagery obtained from multiple sensors at a
single workstation will be a significant enhancement.
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Softcopy search of large land areas is a critical necessity yet this tool remains
extremely difficult to implement. Hence, currently, it must still be done on a light
table. Softcopy search tools must be developed to enable efficient search of large
amounts of data. Sufficient funding in R&D in this area must be accommodated.
For the future, the best knowledge-based tools should be made available: online access to integrated databases from the analysts' desktops; numerous data
sources available on-line (maps and intell reporting) at different security levels;
simplified product lines in a limited number of formats; and the ability to receive
requests on-line and distribute responses that way. A major investment is required to
allow analysts to query, browse and exploit from large, digital image product libraries
which use supercompting and massive data storage technology. Providing this kind
of access could greatly increase the amount of time an analyst spends on analysis.
Direct interface of imagery with global geospatial information based on a standard
coordinate system is required. Automated image examination technology must be
pursued. Softcopy exploitation will be the norm; yet softcopy search will require highspeed computing, data storage and management capabilities in the gigaflop range of
speed. Tools are needed to accomplish tonal dynamic range manipulation and
sharpening, geometric processing for warping or imagery perspective manipulation,
and registering images to maps. Data compression, management and display
technologies are needed simultaneously. Adaptive image compression schemes will
be needed to allow imagery analysts to quickly assimilate information without waiting
for the full-resolution image. Greater screen brightness and higher resolution are
needed for search. Flat screens with great resolution are needed for tactical
situations. Three-dimensional technology will be important (e.g., autostereoscopic,
holographic, and lenticular) but screen displays will be needed that do not require
special viewing goggles. As imagery analysts search, locate, ID and analyze pertinent
imagery, the results will be documented in real-time upon a registered, geographic,
information-based, vectored layer.
Analytic and presentation aids such as map
overlays, terrain displays and 3-D perspectives will be routine. We must capitalize
on commonalities among digital imagery and mapping technologies. Superimposition
techniques on up-to-date baseline images, maps, and graphics will be able to show
changes in force and target dispositions. Such symbolic information overlaid on
baseline displays could provide tactical users readily accessible information in a format
required for his command and control function. Hardcopy to softcopy conversion
must also be a priority due to the vast quantities of historical documents containing
text, graphics and pictures that are stored in paper and film form. Conversion
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technologies are needed that provide basic indices automatically, preserve formats,
and permit full text searches.
One area that remains quite controversial is automated target recognition (ATR)
systems. There are many analysts who view ATR systems as direct competition with
their jobs. Then, there are others who doubt whether these systems will ever be able
to replace the imagery analyst. We have taken a moderate approach to ATR. As
stated earlier, we believe that a human will be required in the loop, at least for the
next 10-15 years. At that time, it may be possible that technology will have advanced
far enough to allow cognitive aspects (i.e., assessing meaning, separating significant
from irrelevant data, integrating all available data to form analytical context, making
sense of imagery-derived data in the current situation, and judging the significance of
the findings) of the exploitation process to be performed by computers. In the interim,
we need technology to help analysts be more efficient, not to replace them. Thus,
because ATR and artificial intelligence (Al) are a long way from performing these
cognitive functions, we recommend increased attention to assisted target recognition
(ASTR) systems while continuing low level exploration of ATR systems. R&D must
be focused and pursued diligently in these areas for both imaging and
spectroradiometric sensing, as ASTR/ATR offer the only major advancement in
imagery analysis productivity on the horizon.
ASTR/ATR have the potential to help resolve one of the IMC's biggest
problems. In recent years, imagery analysts have been forced to be selective in the
imagery they exploit. With the amount of imagery collected increasingly greatly in the
near future, this priority-based exploitation will be the norm. The remainder of the
imagery will be "binned" into libraries for ready access, if needed at a later date. If
no one looks at this imagery at all, nothing will be found. Thus, if assisted "alerting
mechanisms" can be developed with low enough false alarm rates to search this
excess imagery, then the efficiency of our human analysts is greatly enhanced. There
are algorithms of significant value available today that could be used as alert
mechanisms.
For the future, reliable, totally automated aids to help filter large
volumes of data and accurately cue imagery analysts to likely points of intelligence
interest will be essential. We should look to architect a system where tasks are
efficiently divided between people and machines, parceling out to each the jobs that
they do best. Some tasks for computers might be to screen non-literal imagery so an
imagery analyst does not have to look at it (as mentioned above). Total automation
will depend on what kind of false alarm rate can be tolerated. This will depend on the
mission to be supported. Hence, algorithms need to be very specific to the job. We
should take the ATR problem and break it up into bins, depending on the problem we
are trying to solve. Then we should consolidate the bins and ask ourselves what the
value is of doing this automatically. An assessment of that value should be traded
against the cost. Computers are persistent but not very cognitive. They can be very
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good at search, can find bright spots, can look at certain parts of the spectrum, etc.
On the other hand, because computers are much better at certain jobs than are
people, in the near-term, we should concentrate on those areas where computers
outperform humans and perhaps aim for 50-70 percent automation over the next 10
years. For other processes, we should proceed at a much slower rate and aim for 1020 percent automation. Early success in automated aids are more likely to occur in
filtering large volumes of imagery data to the analysts. High performance image
screening and semi-automatic image region cueing also show promise. For the future,
ATR needs to move to context-based recognition, not just for single objects for single
vehicles, but for units in the field and activity types within fixed facilities. We also
need to look at automating exploitation of moving target indicator imagery. If ATR
algorithms can be developed that provide a very high level of confidence, then perhaps
this processing can be transferred to the collector to allow screening before the data
is downlinked.
Some enabling technologies that should be investigated include
domain mediators (which will help to quickly modify ATR algorithms to different but
similar targets) and knowledge engineering tools (automating identification cues,
context cues).
RECOMMENDATION:
Aggressively pursue ASTR/ATR algorithm
development, concentrating in the near-term on those areas where
computers outperform humans.
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(like transferring reports to INTELINK) and the capability to precisely align or "fuse"
two or more images of the same target but which have been collected from different
attitudes, sensors and/or platforms.
Newer imagery types (such as multispectral
sensing) are harder in terms of their type and the tasks that have to be done for
exploitation. A large amount of technology is being pursued piecemeal in this area
but there has been no real high priority given to go perform missions in these areas.
In the R&D community, we spend an inordinate amount of funds and time
constructing databases for testing algorithms. We need a Community, common,
controlled test data set and Community standards on metrics so new algorithms can
be measured against each other from a common baseline. This would allow for a
quick and smooth transition to the analysts' work environment.
The analysts' workstations must be flexible and user friendly. Connectivity via
email, at a minimum, with the ability to work on a common white board via personal
videoteleconferencing at the individual workstations as a goal, must be implemented
among all imagery analysts, both national and military. The IMC should define the
standards for imagery exploitation, yet allow decentralized execution. Thus, while the
all-source imagery analyst of the future will need more inherent analytic capability than
is required today, perhaps the tactical imagery analysts will not if they can correspond
real-time with other analysts in a coherent manner. In essence, we must strive toward
the "virtual" imagery community. (We would also venture that all analysts, not just
imagery analysts, have access to this connectivity, thereby creating a "virtual" IC.)
Accordingly, analysts must have user-selectable and filterable theater/national SIGINTIMINT-HUMINT cross-database query, cueing, and collection request capabilities to
facilitate the targeting process and other near-real-time (NRT) requirements. From an
IMINT perspective, central digital imagery libraries will be needed and an inventory of
available theater imagery should also be accessible on-line. A network of accessible
distributed databases integrated with the existing national database should be created.
This comprehensive database should have capabilities beyond the current targetoriented systems and allow both imagery analysts and customers to access different
levels of information to meet specific needs. In the battlefield of the future, fulfilling
those NRT collection, exploitation, and dissemination needs will be critical. Ensuring
our timelines are faster than those of our adversaries, especially when thoseadversaries will themselves have access to military grade imagery, will require
implementation of all of these recommendations. These issues must be addressed
within the immediate future in order for the imagery workforce to be adequate in the
next century. Though some competitive analysis is healthy, the majority of today's
isolated and/or redundant imagery production occurs because we are unable to share
data, analysis and products between sites. Security measures that guard against
unauthorized accesses, both intentional and inadvertent, without stifling system
performance, are also required.
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The product of the future will be one of merged data from every -INT. They will
become less and less textual and more graphical. Geospatially referenced graphical
reporting with standardized symbology will become the norm. This will also provide
an acceptable method to help protect sources and capabilities. However, the
customer must work with these analysts closely before times of crises so that the
customer will trust that the symbols are accurate. In this way, perhaps, we can
reduce the number of customers who feel they need the raw image, when in fact, all
they really need is the imagery-derived data.
This issue, though, may become a moot point, if the "virtual" connectivity
discussed above becomes reality. If the new IMC infrastructure is done correctly,
users will be able to pull the raw image if he needs it or pull the imagery derived
information, all the while retaining email/videoteleconferencing connectivity with
analysts within the community. Our perception of ClO's archival plan is that it does
not include the raw imagery. This is a mistake. All information should be accessible.
If this occurs, the biggest issue will be ensuring that the user who pulls the raw image
also takes advantage of the imagery derived data. A common misconception is that
the significant intelligence contained in an image is readily apparent to the average
observer. While it is true that a consumer, using an identification key, could find on
electro-optical imagery an SA-2 site because of its distinctive pattern, the user would
not be able to tell if the site were real, dummy, or decoy. Imagery analysis has come
a long way from the days of photointerpretation. A comprehensive, analytical,
multisource approach to imagery exploitation is now the standard within the National
Photographic Interpretation Center (NPIC) and the Defense Intelligence Agency (DIA),
though generally not at the force application levels of the military. The IMC must be
able to serve both types of customers (force planners and force application end users)
and provide support in both types of situations - where the immediate transmission
of raw imagery is enough and where imagery derived information is essential. The
"virtual" connectivity mentioned earlier will erase the need to limit the number of raw
images required by the user, rendering this contentious issue irrelevant.
Procurement of information processing equipment is, and will continue to be,
an incredible challenge for an acquisition system built for the Industrial Age. Trillions
of dollars are being spent by industry on information technologies. New products are
coming out every six months with new generations of products being produced every
18 months. Our information processing needs cannot survive an acquisition system
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that takes five to 10 years to field new systems (6.1, 6.2, 6.3 type funding is
unacceptable for information processing systems -- it mandates a long development
cycle).
We need to modernize our procedures to take advantage of current
technology. Our adversaries certainly will. Along these lines, we need to take
advantage of commercial advancements and determine whether a commercial product
that fulfills 90 percent of our requirements is adequate compared to the cost to
customize that product for the extra 10 percent. We need to make maximum use of
commercial off-the-shelf (COTS) products which requires someone to inform,
encourage, influence and pay vendors to encompass our specialized needs in their
technology advancement efforts. Standards are also required so the "guy in the
foxhole" can receive imagery data, but government standards need to follow
commercial standards if we are to truly benefit from COTS products.
A government-commercial bridge is required, and luckily, one already exists.
The National Technology Alliance (NTA) with the National Information Display
Laboratory and the National Media Laboratory is that bridge and should be encouraged
and expanded.
The NTA attempts (and succeeds) in influencing commercial
capabilities to encompass government requirements.
It provides one set of
government requirements that commercial companies can deal with and provides the
commercial standards back to the government to influence government decisions.
We must practice ways to influence COTS systems before they come to the
marketplace so they will be useful to the government.
The NTA has been
instrumental in saving several government programs while simultaneously influencing
commercial standards to better support government requirements. They should be a
mandatory participant in any new acquisition of information processing equipment.
They should be given the legislative and budgetary freedom to field ACTD-type
experiments until commercial companies can pick up the support. The Department of
Defense (DoD) might benefit in non-intelligence matters from a similar alliance to help
accelerate the fielding of commercial systems.
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Their ability to consolidate, delete duplication, quickly upgrade capability and reduce
costs provides a model the IMC community should strive to achieve.
Classification
One of the biggest controversies today is the sharing of imagery with our allies
in the Balkans. Intelligence data sharing will continue to dominate foreign relations
issues for many years. Every day we hear about a new request in ever more divergent
areas: environmental, law enforcement, disaster relief, etc. Questions arise: How do
we provide the same level of battlefield knowledge to our allies and coalition partners,
how do we provide information on disasters, how do we provide data to support U.S.
policy decision, all while continuing to protect sources and methods? During the
majority of our panels, the customer reiterated that in most cases, he does not require
the raw image, only the imagery-derived information. These consumers can be served
with graphical overlays which provide the imagery derived information without giving
away technical capability. This has worked very well in the support NPIC gives to
FEMA (Federal Emergency Management Agency). FEMA provides the LANDSAT or
SPOT image and the NPIC analysts overlay those images with a graphical
representation using standardized symbology. It is a very efficient process. However,
again, in order for the customer to trust the information provided in these graphical
overlays, he must train with them.
Of course, in the 21st century, anyone will be able to buy either military grade
imagery (one meter) commercially or the actual satellite itself as a turn-key system.
Yet, again, we should look to graphical overlays and imagery derived information as
the medium we use to share data. We should protect the billions of dollars we invest
in these capabilities for as long as we can; once the capability is known, adversaries
will undertake countermeasures to defeat/degrade its collection capabilities. In the
interim, graphical overlays will have to suffice.
We should also move to protect any future technology breakthroughs. Are we
no longer concerned with maintaining a U.S.-only capability and protecting our
investments? We need to put back into the psyche of the community that secrecy is
a requirement, not an option, especially before we invest dollars in next generation
systems. We must move to new collection that is not understood by our adversaries.
Along these lines, we should move to develop dissemination systems that can handle
multiple levels of classification. Asynchronous Transfer Mode (ATM) technology will
allow numerous levels of classification to be passed over the same communications
lines. We need to develop the capability to have multiple levels of information
accessible from the same workstation.
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Dissemination
Dissemination of intelligence information was touted as the biggest failure of
the IC during DESERT STORM. Though it remains a challenge today, much has been
done at the national level to define interfaces and standards. Communications will be
discussed in another IC21 study, but the bottom line for today is that imagery data
can be disseminated to the theater in a timely manner. Below theater is where the
problems lie and no national organization is going to be able to fix it. DoD must take
the challenge-and mandate that each theater's unique mix of national, commercial, and
theater imagery needs and systems conform to common dissemination standards and
interfaces.
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There are some proposals being considered within the IC that would encourage
and allow our allies to buy a medium resolution version of our imagery satellite
system. These systems would be exempt from the current "shutter control" mandated
by Presidential Decision Directive (PDD-23). The rationale for this proposal stems from
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a concern about the US being able to maintain its lead in this technology area because
of reduced USG funding. Through these sales, we would have more funding available
to invest in future systems while getting increased coverage from these additional
systems. This proposal seems to contradict itself; on the one hand, promoting
commercial systems is a priority while on the other hand, it advocates building a USG
system for foreign military sales (FMS) that would directly compete with those same
commercial systems. We are also concerned about giving away our technological
advantage in this area. We believe that the shutter control policy is a necessity
today. However, we must assume that eventually systems will be proliferated with
no such encumbrances and should look to reassess the policy at that time. We also
believe that our WFOV small satellite program will not compete with commercial
programs or give any more unfair advantage to one program over another. The four
licensed programs have all made the decision to go ahead and develop these systems
without government funding.
Further, the commercial systems would be
complementary.
By applying adequate collection management, offloading
requirements to the commercial systems is a smart move on our part. This would free
up our systems to collect other priorities. The biggest difference between our WFOV
and the one discussed earlier is that ours would not be made available for governmentto-government sales. We would encourage sales of available commercial systems.
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As part of the Intelligence Community of the 21st Century study (IC21), the
Committee reviewed the Measurement and Signatures Intelligence (MASINT) discipline
for its relevance in the Intelligence Community's (IC) future. The results of the study
reaffirmed some long held beliefs about the relatively unpredictable future -- especially
in terms of specific technologies the Community will have to face. One truism that
seems to hold is that the sophistication of the technologies employed in the future
weapon system (threats that the IC will be tasked against) will be radically improved,
and perhaps even more radically different than those we attempt to understand today.
The resulting need for a more sophisticated IC collection capability is clear. Clear also,
is the need to unambiguously identify these specific weapons or capabilities -- often
before they are ever used. Less clear, but undoubtedly true, is the vital role
conventional technical intelligence disciplines (IM I NT, SIGINT, etc.) will continue to
play in the identification and location of the more dynamic targets. However, as the
sophistication of these targets increases, or as countries (or transnational players)
employ effective denial and deception techniques, we will need to employ new
capabilities to ensure we can continue to answer the consumers' questions. One such
capability is MASINT. This study concludes that MASINT will take on a more
important role than it does today in providing critical information on these future
threats. Accordingly, this discipline must be focused and well-managed to ensure the
Community can provide the necessary information to its various users.
The study's major findings include:
MASINT can provide specific weapon system identifications,
chemical compositions and material content and a potential
adversary's ability to employ these weapons.
The Central MASINT Office (CMO) has the requisite legal
authorities to carry out its responsibilities. However, it is not
staffed commensurate with those responsibilities, and a fractured
organizational structure limits its overall management abilities.
MASINT, as a specific and unique discipline, is not well
understood by both the IC and user communities. Therefore, the
potential of its future contributions may be limited.
MASINT is both a true, unique collection/analysis discipline and a
highly refined analytical technique of the traditional disciplines.
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MASINT straddles strict disciplinary definitions. It may use collection
techniques of, but does not fit neatly into any one or all of the more
recognized "traditional" disciplines of IMINT, SIGINT, HUMINT, etc.
MASINT is the least understood of the disciplines and is perceived as a
"strategic" capability with limited "tactical" support capabilities.
However, MASINT has a potential ability to provide real-time situation
awareness and targeting not necessarily available from the more classic
disciplines.
MASINT is a science-intensive discipline that needs people/scientists well
versed in the broad range of physical and electrical sciences. Such
scientists can not typically be professionally developed with the IC.
They must come from academia fresh with scientific knowledge from
experimentation and research. Nor can they continue to be "proficient"
in their areas of expertise if they remain in government employ for an
entire career.
The study's major recommendations include:
The MASINT technical management function should be contained within
the construct of a multi-intelligence disciplined technical collection
agency which oversees the coordinated employment of all technical
collection systems.
The IC should create a "U.S. MASINT System" analogous to USSS and
USIS.
The MASINT manager should be a General Officer or SES/SIS and a
permanent member of the MIB, NFIB, and other senior DCI and DoD
boards/panels. His/Her authorities to manage the MASINT community
should be equal to those of the SIGINT and IMINT managers.
The IC needs to increase emphasis on informing the IC and user
communities about MASINT capabilities and products. Additionally, the
IC needs to make MASINT a formal course of professional education for
all IC school houses.
MASINT should remain a specific collection and processing
However, MASINT exploitation is becoming more critical
technologies improve. Therefore, the IC needs to place
emphasis on MASINT exploitation within the traditional
disciplines.
discipline.
as threat
increased
technical
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147
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the discipline's viability. Finally, we wanted to address the budget implications of
attempting to achieve these goals.
Study Approach
It should be first noted that this is not a scientific study, but rather an
assessment based on community expert inputs. To get substantive input for the
study, the staff team sponsored several round-table panel discussions, numerous
individual interviews, and formal presentations with MASINT Committee members, the
Services, the Defense Intelligence Agency (DIA), Arms Control professionals and
former community officials. The effort was designed to "think out of the Future
Years' Development Program (FYDP) box." That is, there was no attempt to indict the
past, present, or programmed organization and efforts, but rather to look "beyond"
into the future. The team developed an outline and series of questions to prompt
inputs/discussion from each of the invited participants. The approach viewed MASINT
as a distinct collection discipline even though the discipline is not well bounded by
specific (and unique) collection and exploitation definitions. Our effort focused on
identifying the current capabilities and systems trying to determine their individual
contributions and where each should/could be best employed in the future. However,
the sciences and rapidly evolving technologies involved eventually focused us more
toward a review of MASINT management, including the abilities to coordinate and
program for new sensors/technologies, to task sensors, and to use and disseminate
MASINT information. Recommendations from participants were noted and, to the
extent possible, identified in this report.
Secondly, it also needs to be noted that the recommendations offered below
were originally focused on a MASINT management and operational structure that was
generally maintained within the current IC organization. And, although these
recommendations were made before the completion of the Intelligence Community
Management staff study, they work well within the construct of that study's more
consolidated community organization. Specifically within the context of that study,
all references to the "Central MASINT Office (CMO)" are assumed to be describing a
division (or office) within the Technical Collection Agency (TCA) under the Deputy
Director of Central Intelligence for Community Management (DDCI/CM). If the TCA
construct is not adopted, the CMO references describe the Community's MASINT
management organization assumed to be within the DIA.
Finally, in addition to the panel discussions and interviews, the team reviewed
and used the following supporting documents during the study:
A.
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B.
C.
D.
E.
F.
G.
H.
Background
A general understanding of the genesis of MASINT and its official definition is
appropriate prior to a study regarding the future of the discipline.
Recognizing the need to ensure proper exploitation of complex,
technically-derived data, the IC classified MASINT as a formal intelligence discipline
in 1986. At that time, the IC Staff MASINT Committee was formed to oversee all
MASINT activities. To further consolidate MASINT management, the Central MASINT
office (CMO) was established in 1993 by the Director, DIA, with specific
responsibilities detailed by the Director of Central Intelligence (DCI) and Department
of Defense (DoD) Directives. The CMO is a joint IC and DoD activity within DIA, that
directs and implements national and DoD policies and procedures on MASINT matters.
With that quick background, it is useful to identify the IC's current official definition
of MASINT:
Measurement and Signature Intelligence (MASINT) is technically
derived intelligence (excluding traditional imagery and signal
intelligence) which when collected, processed, and analyzed,
results in intelligence that detects, tracks, identifies, or describes
the signatures (distinctive characteristics) of fixed or dynamic
target sources. MASINT includes the advanced processing and
exploitation of data derived from IMINT and SIGINT collection
sources. MASINT sensors include, but are not limited to, radar,
optical, infrared, acoustic, nuclear, radiation detection,
spetroradiometric, and seismic systems as well as gas, liquid, and
solid material sampling systems.
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Despite this definition, many in the IC (and policy community) are confused
as to what MASINT really is. Although MASINT can be described as the highly
technical exploitation of traditional disciplines, the MASINT collection techniques
cover areas not addressed by other disciplines. In many respects, there is a clear
distinction between MASINT and the other disciplines. MASINT can be considered
analogous to the individual who relies on all senses to gain information about his
or her environment. Where SIGINT is akin to sound, and IMINT to sight, MASINT
is akin to touch, taste and smell. The areas where MASINT expands on the
traditional disciplines (IMINT and SIGINT) can be thought of as providing aids to
improve upon or add dimensions and capabilities to the sight and sound senses that
would not otherwise be possible. Is MASINT a true collection discipline, or is it
actually specialized processing of other collection disciplines? Is it a separate field
of specialization, or more appropriately classified as additional processing and
analysis of existing data? These questions were a fundamental basis for the study
that went into this report. Specifically, we tried to determine how to correct this
"identity crisis," while ensuring the community will be served by the truly unique
product MASINT can provide.
General Conclusions
Based on the various inputs, the group identified six general conclusions that
appear to sum up the general issues relative to MASINT. Each of the general
conclusions are later broken down into specific conclusions and recommendations.
A. MASINT is difficult to bound by strict definitions.
In fact, MASINT
collections can, in part, legitimately be labeled as SIGINT, Infrared
Intelligence (IRINT), IMINT, HUMINT, etc. However, MASINT does not fit
neatly into any one or all of these recognized "traditional" intelligence
disciplines. MASINT is both a true, unique, collection/analysis discipline and
highly refined analytical techniques of those traditional disciplines. Despite
these gray lines of demarcation, MASINT may be the "intelligence discipline
of the future" -- that is, MASINT is a discipline that is becoming more
important in identifying and characterizing new and emerging threats,
particularly as weapon system technologies become more complex and
capable. Without a robust and focused capability, MASINT's support to
future needs, such as "brilliant" weapons and national information
requirements (e.g., weapons proliferation, arms control, force modernization,
strategic programs, scientific and technical needs, environmental and
humanitarian concerns, and counter-narcotics/terrorism), may be inadequate.
B. MASINT is perceived as a "strategic" discipline with limited "tactical" support
capabilities. But, by application of real-time analysis and dissemination,
MASINT has a potential ability to provide real-time situation awareness and
targeting not necessarily available to the more classic disciplines. Because
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of these perceptions, MASINT does not get the attention of the tactical
consumers, and has less constituency support than the more traditional
intelligence disciplines. Lacking proper constituency, MASINT sensors and
analysis will likely not be properly supported or maintained. Results will
include a lack of targeting templates for smart weapons.
C. MASINT, as a specific and unique discipline, is not well understood by the
IC as a whole. Therefore, although it provides significant intelligence
products, its contributions, or the potential of its contributions may have
been and will likely be limited. The full extent if its future application to
national and operational intelligence will not be realized.
D. Funding levels for the current MASINT systems, and those projected into the
future are not reflective of the importance of this discipline to the Nation's
general intelligence/ dominant knowledge efforts. This is primarily because
users do not have direct tasking over, and therefore understanding of,
MASINT sensors.
E. The roadmap for specific MASINT technologies appears to be fairly well
thought out and necessary for the 21st century. However, there may be
insufficient funding flexibility for reacting to, or pursuing new, emerging, or
fleeting technologies. Additionally, there is a need to ensure a balance
between the requirements and technologies that support military battlefield
requirements, and the often more exacting requirements and technologies
that are needed for IC national monitoring and detection of weapon or agent
developments.
F. Although the CMO has the necessary legal authorities, it is not properly
staffed commensurate with its responsibilities. Additionally, a fractured
organizational structure provides little to no focused MASINT management,
budgeting oversight, tasking control, or coordination of effort. This may
potentially cause inefficient expenditures of resources and duplicative
developments.
Specific Conclusions/Findings
A. "MASINT is difficult to bound by strict definitions. In fact, MASINT
collections can, in part, legitimately be labeled as SIGINT, IRINT, IMINT,
HUMINT, etc. However, MASINT does not fit neatly into any one or all of these
recognized "traditional" intelligence disciplines. MASINT is both a true, unique,
collection/analysis discipline and highly refined analytical techniques of those
traditional disciplines. Despite these gray lines of demarcation, MASINT may be
the "intelligence discipline of the future" -- that is, MASINT is a discipline that
is becoming more important in identifying and characterizing new and emerging
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threats, particularly as weapon system technologies become more complex and
capable. Without a robust and focused capability, MASINT's support to future
needs, such as "brilliant" weapons and national information requirements (e.g.,
weapons proliferation, arms control, force modernization, strategic programs,
scientific and technical needs, environmental and humanitarian concerns, and
counter-narcotics/terrorism), may be inadequate."
1) One discussion point focused on whether to maintain MASINT as a
separate discipline or to break it up into the separate disciplines (i.e.
Radiation Intelligence (RADINT), SIGINT, IMINT, etc.). This discussion
focused on whether or not to make MASINT professionals organic to the
traditional intelligence disciplines or keep them separated within the distinct
discipline. Some believe that doing away with the unique professional
MASINT discipline that cuts across the other disciplines' collection spectra
would be counterproductive. They believe better coordinated MASINT
products are possible when viewed across the various collection disciplines.
Their argument for maintaining a separate MASINT discipline states that such
"cross cutting" is providing positive results in terms of all-source analysis.
Upon close inspection this is apparently true.
However, there is a
counter-argument that includes the issue of refined "technical" exploitation
of the "traditional intelligence disciplines" (explained below).
This
counter-argument focuses on the need to "proliferate" the MASINT
exploitation potential to other disciplines. Regardless of the whether MASINT
remains a distinct discipline or not, there is a need to redouble efforts to get
people of different "intelligence stovepipe" expertises together doing true
all-source (including non-intelligence sourced information) analysis.
2) As touched on above, a counter-argument is that MASINT, as a term and
as a separate discipline, may not be what is needed for the 21st century. A
specific case can be made that MASINT is simply more refined, more
scientific and more technically challenging analysis of existing collection1
(although much MASINT collection is done outside the realms of other
existing collection disciplines).
However, one respondent (favoring
maintaining a separate discipline) stated, "Frankly, the MASINT odds and
ends (e.g., phase history data) that could belong to other intelligence
disciplines would probably not exist today if the MASINT phenomenologists
had not pursued them." This may be true, but the question still exists which
asks "Is MASINT a separate collection discipline or is it IMINT, SIGINT,
HUMINT, IRINT, or other disciplines in their various forms?" Further, if the
answer to the latter is "yes," then one has to ask whether MASINT is then
the more detailed exploitation of those available collections. This argument
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becomes less clear, and the apparent answer to the first question becomes
"no" when one studies the clearly MASINT-unique collection systems,
entities and missions such as seismometry, nuclear and soil sampling.
The argument for subsuming the MASINT discipline assumes that the
MASINT product is not-so-simply the result of more in-depth analysis of the
"traditional" intelligence disciplines. For example, although COBRA BALL is
clearly a MASINT platform, its collection media are multidisciplined, and
include IMINT (visible and non-visible spectra). The product distinction is
more in the resulting analysis and use of the data collected via these
disciplines' means. The product then, rather than being used for the
traditional intelligence support functions of counting tanks, locating
battalions, and targeting ATACMS missiles, is used for scientific/technical
refinement to do signature and capability analysis. The basic sciences
(between MASINT and the other disciplines) are not altered or different, but
the state of refinement is. Another example is effluent analysis based on
hyper-spectral collection. The collection is, arguably, IMINT in its various
(non-imaging) spectra, but the product is fundamentally different analysis of
the effluent content - not just the detection (or imaging) of presence. This
argument would question whether MASINT tasking, analysis and expertise
need to be better developed within the existing "traditional" intelligence
disciplines.
3) Another argument for maintaining MASINT as a distinct discipline is
captured in the following. Specifically, MASINT seeks to collect metric data
and signatures. Metric data are derived from the direct measurement of the
kinematics performance of targets of interest.
Metric data provide
information on the dynamic capabilities of targets and/or the tactics for their
use. Signature data typically are - or are derived from - "high-fidelity
measurements of targets of interest, in the context of their application, use
or production, to allow the current or future unique identification of such
targets." SIGINT, as its name implies, is based on the desire to intercept or
collect signals -- the transmission of information from one place to another.
Intercepted signals could contain information on a wide variety of topics that
overlap information collected by IMINT or MASINT means; but the collection
is still SIGINT. IMINT endeavors to provide pictorial representations of
targets and areas of interest - not the spectral analysis of material content.
All three technical collection disciplines employ electro-optical (EO) - and
radio frequency (RF) - based systems to provide unique MASINT, SIGINT,
and IMINT collection capabilities. However, and additionally, MASINT also
makes use of a wide range of other measurement techniques such as
seismic, acoustics, magnetic, and nuclear, to provide capabilities against
targets that cannot be prosecuted using EO- or RF-based systems. In
summary, intelligence disciplines are differentiated on the basis of the type
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of information being collected and extracted through processing and
exploitation -- not on the physical basis of the collection system employed
or the intelligence problem being addressed. This argument attempts to
justify the need to maintain MASINT as a separate discipline. This is a good
argument and position, but perhaps one that is bound by the "current think"
box.
Findinqs/Recommenda tions (There are several, possibly
recommendations which need to be discussed/debated)
conflicting
4) There are several possibilities for ensuring the MASINT capability into the
future. The first would be to delete the term MASINT from the IC's
vernacular. This option would place MASINT collection and exploitation
functions within the auspices of the other collection disciplines. This would
require replacing the term with a deeper understanding, and, moreover,
appreciation for the fact that more exploitable information is available (much
within the current discipline collections) than what is being used today by the
"traditional exploiters" (those unique collections traditionally identified as
"MASINT" not withstanding).
This understanding will require the
employment of scientific and technical people (the current "MASINTers")
within the traditional intelligence organizations (the services, NSA, CIO, etc.),
and force more "traditional collection" in the areas of sampling, etc.
This
is to say that specific, technically-astute (MASINT) individuals need to do
this; it most likely cannot be done by people who are experts in the known
collection and exploitation functions of the traditional disciplines. However,
there is a danger in deleting the term, and putting "MASINTers" in with the
more traditional disciplines. These people may eventually "get lost" in the
traditional disciplines' focused charters and the technical and scientific
exploitation will be lost. This was the reason the MASINT discipline was
created in the first place. Additionally, deleting the term would force other
approaches at non-traditional collection such as seismic, thermal, etc.
5) The second possibility is to maintain the status quo and retain MASINT
as a specific discipline. This does not improve the problems we see today
with the identity of MASINT.
6) The third is a "hybrid" of the two options above. That is, MASINT
should remain a specific collection and processing discipline with its core of
professionals and management staff. However, the more traditional technical
disciplines of IMINT and SIGINT should specifically address, in their charters,
the recognition of the MASINT ability to glean additional data from their
collections (this would be facilitated by the TCA construct). This would
reguire the deeper understanding, and associated dedicated people identified
in the paragraph above. Additionally, MASINT should be treated just as are
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the other technical disciplines in that the IC should Create a "U.S. MASIIMT
System" with associated functional manager (the CMO). This would still be
logical within the structure of a TCA. Finally, based on the outcome of the
Intelligence Community Management staff study, the Committee recommends
the MASINT functional manager (FM) (the CMO) be subordinated to the TCA
for logical management.
7) The basic sciences (between MASINT and the other disciplines) are not
altered or different. It is the state of refinement (of the technical or scientific
analysis), often the collection source (e.g. the case of soil or effluent
sampling) and nature of data being pursued that are the differences.
8) MASINT tasking, analysis, and expertises need to be better developed
within the existing "traditional" intelligence disciplines. Specifically, the more
traditional disciplines need to have a better understanding and appreciation
for the facts that additional exploitable (MASINT) information may exist
within their current collections. This requires the deeper understanding
recommended above, but also requires a specific oversight organization (the
current CMO) to ensure this refined analysis and IC direction.
B. "MASINT is perceived as a "strategic" discipline with limited "tactical"
support capabilities. But, by application of real-time analysis and dissemination,
MASINT has a potential ability to provide real-time situation awareness and
targeting not necessarily available to the more classic disciplines. Because of
these perceptions, MASINT does not get the attention of the tactical consumers,
and has less constituency support than the more traditional intelligence
disciplines. Lacking proper constituency, MASINT sensors and analysis will
likely not be properly supported or maintained. Results will include a lack of
targeting templates for smart weapons."
1) As stated previously, MASINT is, in some cases, the more scientific
analysis product of the more traditional collection disciplines. Because of the
highly technical means utilized, most MASINT systems' focus has been on
the longer-term (i.e., not "real-time") analysis of data to determine
characteristics, signatures, target templates, etc. With the advent of modern
processing techniques and capabilities, MASINT systems have an increased
potential for doing their analysis in near real- or real-time. Such potential
MASINT contributions to the requirements of tactical customers is poorly
known - and in some cases not being pursued.
One example of MASINT contributions to real-time identification is the
application of MASINT signature data for non-cooperative target identification
(NCTI). Today, U.S. systems have a capability to identify hostile fighter
aircraft based on MASINT techniques. However, it is poorly known that this
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analysis was done by MASINT resources.
Because of the "unknown
sources" for such capabilities, constituency concerns can arise during budget
formulations when the participants have a poor or no understanding of
MASINT (or other intelligence) applications. Decisions whether to fund
intelligence sensors or additional technologies -- such as NCTI -- on offensive
weapons can be skewed, based on these lack of understandings. For
example, funding debates that are "pro-intelligence" (versus "operational")
may be short-lived and the original contributing capability (e.g., a MASINT
sensor) is the loser. It must be continuously recognized there is a basic
difference between the general sensor approach for "warfighting" and the
specific, often more sophisticated, sensors necessary for intelligence
collection and knowledge-making. Intelligence sensors must have the ability
to measure and define fully the target threat or signature needed. Therefore,
these must have full spectral coverage, dynamic range, etc. The resulting
"battlefield sensors" employed by users often can be more simply designed
to recognize the presence of a threat based on the signatures provided by
intelligence. The importance of this thought cannot be underestimated.
2) Despite its "strategic" intelligence past, MASINT has a critical and
growing role in future real-time "warfighter" support. Specifically, MASINT
"sensors" have unique capabilities to detect missile launch, detect and track
aircraft, ships, and vehicles, do NCTI and battle damage assessment, and
detect and track fallout from nuclear detonations. Often, these contributions
are the first indicators of hostile activities. The shootdown, for example, of
the two EXOCET-equipped Mirage F-1s during the Gulf War was attributed
to a MASINT collection and analysis.
3) MASINT, or the "MASINT applications" of SIGINT and IMINT (etc.), will
become more important in providing the future inputs for smart weapons
target templating. That is, MASINT is critical for providing future weapons
with the signatures (fingerprint) of the targets they are seeking (IR signatures
for example).
4) MASINT sensors are often the same systems as "warfighting systems."
The difference is often only the level of sophistication of the data analysis.
A specific example is the use of data available from operational radars
incidental to the targeting functions for which these radars were built. AEGIS
radar returns contain data that can provide significant metric data for
assessing weapons system performances.
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Findinqs/Recommenda tions
5) MASINT planning must focus on not only the technical analysis that is
necessary for long term signature development, but must also plan, at the
outset of any capability development/use, the need to satisfy immediate
information requirements for the tactical consumer. This means that MASINT
planners must coordinate with the information users at the inception of a
program to determine, at a minimum, the needs to be satisfied, the format for
display of the information required, and addressing human factors issues such
as amount of data, timeliness of data, etc.
6) MASINT systems should be provided with the capability to communicate
with/broadcast directly to customers just as do the "traditional intelligence
disciplines." This should include an assessment of the utility of broadcast
systems such as the Tactical Information Broadcast Service (TIBS) and other
data links. The specific implementation of this recommendation should be
developed by the DDCI/CM's Infrastructure Support Organization (see
Intelligence Community Management staff study).
7) MASINT culture must be changed to think of analysis in terms of seconds
and hours AS WELL AS its current months and years. This requires school
house concentration on MASINT curriculum, and an everyday appreciation
with the traditional disciplines. This also demands that users be involved and
informed relative to MASINT capabilities.
8) Specifically identified MASINT systems are not the only sources of
MASINT data. Targeting radars, for example, can provide ancillary data
useful to the national collection/analysis efforts. CMO must have 1) insight
not only to specifically identified MASINT systems, but also to those
offensive weapons systems (radars for example) capabilities that can
contribute to technical and scientific (MASINT) information data bases; 2)
when necessary, have the wherewithal to request/suggest/ask for tasking
authority for these systems. Additionally, CMO should have a funding ability
to provide "seed" money to determine or improve MASINT exploitation of
existing weapon system data. This will require a "rethink" that "intelligence
and its sensors" are not something strictly unique, but rather "intelligence and
its sensors" are the totality of information available to the U.S. government.
The national defense psyche must not continue in the "we"
(operations)/"they" (intelligence) construct.
23-748 96-6
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9) CMO needs a better understanding of user needs, not just stated
requirements. This demands that the intelligence and user communities
(particularly the MASINT community in this case) coordinate and talk more.
The security barriers to effective communication must be broken down.
(They are to some extent, but this must be expanded.)
C. "MASINT, as a specific and unique discipline, is not well understood by the
IC as a whole. Therefore, although it provides significant intelligence products,
its contributions, or the potential of its contributions may have been/will be
limited. Its future application to national and operational intelligence will not be
maximized."
1) Despite the formal definition, MASINT remains an intelligence discipline
enigma. It is more diverse and unique than the more focused IMINT and
SIGINT disciplines. It is characterized by some as having some similar
sources and methods (of the more classic disciplines), but much more
complex, particularly with respect to analysis than those others. MASINT
has many of the collection characteristics of the other technical disciplines,
however, it is the unique exploitation and unique techniques that distinguish
MASINT results. One respondent stated that MASINT products are the
intelligence bits remaining after the expected results of collection are
removed. Another stated that MASINT provides alternatives that supplement
"conventional" collection to provide "the rest of the story."
Some would say it is the unique data retrieved from additional
processing - the technical and scientific data - that can set the MASINT
discipline apart from the host intelligence discipline." However, MASINT
collection and processing are not limited to the phenomena of the
electro-magnetic (RF) spectrum. Significant MASINT information is derived
from seismic sensors, acoustic sensors, nuclear radiation sensors and
material/effluent sampling. This identity crisis becomes troubling when there
is a choice to be made, particularly in funding issues. Some state there is no
identify crisis for MASINT, that there is, instead, a need for IC and customer
education. This education need does, indeed, reflect the identity crisis
discussed above.
2) The CMO and INCA have developed a guide called the MASINT Handbook
for the Warfiqhter. This document has been printed and distributed to
"demystify the world of MASINT." This handbook is a critical start toward
educating the community and users in the art of MASINT. It needs to be
"standard issue" throughout the IC.
3) As stated briefly above, the MASINT "identity crisis" is also apparent
when there are budget cuts to be made. As one respondent noted, MASINT
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is the "soft underbelly," which is "easily cut" during budget cut drilts.
Whenever there are cuts to be made within the IC (i.e., GDIP), MASINT
(particularly Research and Development (R&D) funds) are some of the first to
be targeted.
4) There was much discussion on the need to improve formal initial and
continuing education within the IC2 for MASINT professionals. Formal
scientific/technical, mathematical and engineering skills are critical
backgrounds for MASINT professionals who do the detailed exploitation of
MASINT data. Training for these backgrounds is not typically done within
the IC; it is more a function of academia. To get the necessary professionals,
the IC must be able to recruit "MASINTers" from the professional
(research/laboratory) and academic worlds. Continuing education needs to
be both "in-house" and fostered within the private/professional sectors.
5)
MASINT has no formal/viable method (i.e., metrics) for evaluating
MASINT contributions to the IC or user communities. That is, there is no
formal method for determining whether MASINT analysis and products are
satisfying the needs of the customers. This was specifically characterized by
the unbalanced MASINT results of the recent Community-wide Capabilities
Analysis. There is a need to develop a metric or set of metrics to determine
the impact of MASINT products toward stated knowledge goals.
Findings/Recommendations
6) The services and agencies need to do a better job of educating the user
and, moreover, the IC, on the capabilities, applications, and specifics of
MASINT.
MASINT (familiarity) should become a formal course of
professional education for all IC school houses. Existing courses, that include
MASINT content, should be increased in scope and duration. Specific
tailored courses should provide a curricula that cuts across the spectrum of
general user overviews to in-depth analytic instruction.
7) The MASINT User's Handbook should be required reading within the IC.
Additionally, recommend the MASINT User's Handbook be developed in both
all-source and unclassified versions.
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8) Continuing IC education should emphasize the unique collection and
products of MASIIMT, and more specifically, the MASINT (technical and
scientific) applications of individual "traditional" disciplines. That is, IC
professionals within the IMINT and SIGINT fields should be made more aware
of the contributions MASINT analysis can make to existing IMIIMT/SIGINT
collections. They need to be made aware that additional information may be
gleaned from existing collections once the "expected information has been
stripped away."
9) Education, particularly continuing education, of the IC cannot be
overstated. The CMO has developed an updated video tape that highlights
MASINT contributions. This video tape is an information sharing source that
should be exploited to the extent possible. The IC should share this tape
with all IC components and users. This tape, or like, should be shown at the
school houses and at operational intelligence organizations to publicize the
contributions of MASINT collection and analysis.
10) CMO should pursue an adjunct training capability, with trained
instructors, like that of NSA to ensure MASINT training is conducted and
maintained. This training facility should be reviewed for both "in-house" and
exportable training efforts. CMO should be a "clearing house" for developing
such training materials, including "for credit" courses. Funding for this
should be a CMO responsibility, with the necessary resources programmed
and provided.
11) There is a need to develop and maintain evaluation criteria (metrics) to
gauge MASINT customer needs satisfaction. The National Intelligence
Evaluation Council (NEC -- within the recommendations of the Intelligence
Community Management staff study, the NEC is an organization subordinate
to the DC1 and responsible for evaluating the Communities satisfaction of
requirements) should develop both evaluation criteria and a program for
measuring MASINT product effectiveness. This is necessary to determine
future needs and the ability to satisfy those needs.
1 2) CMO needs to provide more community emphasis on educating the user
(warfighter and policy makers) on the utility of MASINT products and
services. Specifically, the service War Colleges, for example, need to
increase the blocks that teach intelligence to all future leaders of the Armed
Forces. MASINT must be a formal block of instruction in such courses.
Again, without a basic understanding of what the product can provide, the
customer typically has no appreciation of the need for MASINT and the
associated expenditures of funds. Without such an appreciation, the
discipline may be under-utilized.
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D. "Funding levels for the current MASINT systems, and those projected into
the future are not reflective of the importance of this discipline to the Nation's
general intelligence/ dominant knowledge efforts3. This is primarily because
users do not have direct tasking over, and therefore understanding of, MASINT
sensors."
1) R&D is the lifeblood of MASINT. However, MASINT R&D funding is one
of the most vulnerable to being cut within the GDIP program. Low obligation
rates and lack appreciation for R&D's future contributions make this an easy
target which is often hit during cut drills/actions.
2) Funding levels are considered by the group as relatively reflective of the
current need. CMO's long range technology plan, with associated expected
costs, is good, but does not allow for the unknowns of scientific
breakthroughs or unforeseen technology needs. The disparate organizational
"ownership" of the funding does not allow for coordinated/effective
expenditure of the available funds.
3) MASINT requires, in many cases, single (to several) technical collections
systems, this forces paying "prototype costs." This is a cost intensive effort
that needs to be acknowledged up front. Pure scientific research is the bread
and butter that must be funded at a continuing level. There is a need for
level-effort-funding like that of the laboratories, that is not cut for
convenience. Additionally, the MASINT community must do better in terms
of coordinating efforts with the national laboratories.
Findinas/Recommenda tions
4) MASINT resources and funding needs must be better managed and
coordinated between the services, agencies, and laboratories. CMO must be
provided (or assume) better insight into each of the MASINT programs. This
should include providing recommendations into MASINT system POM builds.
However, the recommended DDCI/CM's Community Management Staff
(CMS) should construct the coordinated budget.
162
5) MASINT R&D efforts must be better coordinated to ensure proper level
of effort and minimize redundancy. CMO should be given authority to have
specific insight into the national laboratory and ARPA developmental and
research efforts, and should have the ability to focus or request research and
experimentation. This should include a level-of-effort funding program,
controlled by CMO to do required research or to assist a promising
technology. CMO should be given the authority to directly obligate funding.
This recommendation is greatly facilitated by the TCA and Technology
Development Officer (TDO) organizations under the DDCI/CM.
6) CMO should be given additional budget authority to control a "to be
determined" amount of funding to be applied to existing intelligence and
operational systems to determine/improve their MASINT data collection
potentials.
7) CMO must be directed to specifically prioritize MASINT systems (agency
and service included) for funding purposes. Such authority must recognize
that CMO does not have jurisdiction over "multi-role" platforms (those that
can accomplish "MASINT collection" as incidental to their primary tasks).
E. "The roadmap for specific MASINT technologies appears to be fairly well
thought out and necessary for the 21st century. However, there may be
insufficient funding flexibility for reacting to, or pursuing new, emerging, or
fleeting technologies. Additionally, there is a need to ensure a balance between
the requirements and technologies that support military battlefield requirements,
and the often more exacting requirements and technologies that are needed for
IC national rhonitoring and detection of weapon or agent developments."
1) CMO has developed a technology roadmap, complete with projected cost
data. This effort appears to be logical and complete with necessary analysis.
However, the roadmap does not provide well for the unknown. That is, there
are always the possibilities and probabilities for future new and emerging
technologies or requirements that cannot be specifically planned for. There
is a need to be able to capitalize on these unforeseen breakthroughs. This
is the need to "plan for the unknown."
2) Relative to "intelligence versus operations," there appears to be a specific
coordination problem with MASINT versus counter-proliferation efforts
against weapons of mass destruction and, more specifically, chemical and
biological weapon (CW/BW) proliferation. Current efforts are not well
coordinated and resources are scattered throughout the U.S. government.
For example, the Under Secretary of Defense for Nuclear Policy has
significant resources available for the defense of or counter proliferation
efforts against CW/BW weapons. CMO has little to no insight or direction
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into the "intelligence-related" activities. Additionally, without better insight,
the CMO's MASINT roadmap will pursue duplicative efforts.
3) There is a critical difference between battlefield support to military
operations (SMO) MASINT requirements, and those requirements for
detecting, for example, the early stages of a weapon or chemical agent
development. Much MASINT and, indeed, all other disciplines' emphasis is
placed on SMO. However, the criticality of developing and maintaining
extremely sensitive sensors for ensuring the Nation's ability to monitor,
detect, characterize and classify developmental weapons/efforts, such as
biological, chemical and nuclear, cannot be overemphasized. There are
specific requirement differences, for example, in designing battlefield
chemical detectors that "simply" identify the presence of agents, and the
more sophisticated sensors designed to provide the in-depth collection and
analysis for knowledge of the characteristics of these agents. This requires
a balance of emphasis to ensure that "non-SMO" intelligence requirements
are met.
Findinas/Recommenda tions
4) CMO should be provided with a level-of-effort budgeting capability. That
is, CMO should request, and Congress should provide (via legislation) for, a
budgeting mechanism that is that equivalent of "ready cash" or venture
capital.
This account should be used to pursue new or unexpected
technologies, react to unforeseen requirements, etc.
Such a funding
mechanism is becoming increasingly critical as technology turnover times
decrease. CMO should have the specific authorized ability to direct funding
against, or to pursue such promising technologies or R&D efforts (without
penalty for those technologies/or scientific breakthroughs that do not bear
fruit). This authority needs to be analogous to a capital venturer.
5) As with the "tactical" systems, CMO should have direct insight and
influence over Weapons of Mass Destruction (WMD) efforts -- most
specifically on the intelligence related issues. There is a great potential to
more closely coordinate efforts and provide a more cohesive national
defense. A CMO specialist should be assigned to organizations working
WMD programs to improve the cross-flow of information on current and
planned capabilities/operations. Barring this, CMO should be a formal invitee
to any/all discussions that focus on this area.
6) Bistatics (RF) need more attention. Bistatic RF solutions are poorly
understood/appreciated within the traditional disciplines. This area needs
more study and resources put against it. Bistatic solutions provide a unique
opportunity to provide real-time NCTI and for reducing friendly fire losses.
164
7) CMO needs a continuous, broad review of all government, and to the
extent possible, commercial developments to determine the most logical and
cost effective MASINT potentials.
8) The community must maintain proper emphasis on both SMO and
"non-SMO" aspects of collection and analysis. The often more sophisticated
and difficult processes of intelligence collection and processing for detailed
knowledge of weapons systems, material content, molecular compositions,
etc., require markedly different sensors and techniques which the IC must
pursue. Such collection and analysis capabilities cannot be overemphasized.
It is these techniques that provide the knowledge base for developing the
battlefield SMO systems.
9) Promising technologies which need current and future emphasis include:
a. Target signature data bases. These data bases will be the future
"targeting systems" for smart/brilliant weapons. These data bases will
also provide the potential "countermeasures knowledge" for development
of future defensive systems. These data bases need improvement and
application (and perhaps maintenance) at the "shooter" level.
b. Continual, coordinated sensor development fas science and technology
advances) in space, air ,sea, and ground. There is a need to ensure all
developments -- whether they are "intelligence" or "operations," and
despite the medium in which they are intended to be employed, are
coordinated to determine their information production potentials.
c. Refined signal processing that is applicable to all intelligence
disciplines. Technology advances that are worked in one area of the IC
must be shared throughout the community. Far too often an agency or
organization creates a collection or processing technique or capability that
has much potential for other in the IC. There needs to be a vehicle
whereby such developments can be shared.
d. Multi-sensor/data integration between diverse intelligence disciplines
and within disciplines. Again, there is much to be gained from synergistic
collection and analysis.
This must become the "business norm"
throughout the IC.
e. Wide area surveillance technologies employing target signature
identification methods. Such technologies hold the promise of improving
automated recognition algorithms for improving analyst productivity.
165
f. MASINT system direct integration with other intelligence collection and
operational (warfighting) sensors. Again, the concepts of multi-discipline
intelligence analysis and the immediate (tactical) use of such available
information will be crucial to future needs satisfaction.
g. Multi-spectral signatures. Current and future generations of smart
weapons; Theater Ballistic Missile Defense (TBMD), including SCUD
hunting, will need improved specific signature identification (data bases)
for target weapon systems. This can be done via a number of signature
specifics such as acoustic, seismic, thermal and RF emanations. There is
a need to integrate such information data bases into U.S. weapons
systems.
h. MASINT support to Information Warfare. Intelligence support to
Information Warfare (IW) is a growing field. The potential utilities of
MASINT systems need to be studied and evaluated for their IW potential.
F. "Although the CMO has the necessary legal authorities, it is not properly
staffed commensurate with its responsibilities.
Additionally, a fractured
organizational structure provides little to no focused MASINT management,
budgeting oversight, tasking control, or coordination of effort. This may
potentially cause inefficient expenditures of resources and duplicative
developments."
1) As stated earlier, MASINT as a discipline was created in 1986, with
attendant start up of the MASINT Committee. Three directives provide
guidance relative to the MASINT discipline. Specifically, the DCI Directive
2/11 gives CMO the authorities to provide for the "common concern (re:
MASINT) on behalf of the Intelligence Community." The Department of
Defense (DoD) Directive 5105.21, as amended, empowers the Defense
Intelligence Agency (DIA) with the conduct of MASINT, and DoD Directive
5105.58 provides the CMO with authorities for MASINT within DIA. These
directives proscribe specific responsibilities (for CMO) and MASINT
management duties. Some of these duties include: providing direct and
advisory tasking; developing MASINT policy; coordinating plans and
architectures; and programming and budgeting. However, CMO's authority
does not expressly extend to the use of CIA human intelligence assets for the
collection and analysis of MASINT.
When first created, the CMO worked (organizationally) directly for the
Director, DIA as the executive agency for MASINT. As a result of several
DIA reorganizations, CMO's position within DIA has moved to within the
Collections branch, organizationally subordinate to the National Military
Intelligence Collection Center (NMICC). However, the GDIP Staff, which is
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directly subordinate to the Director of Military Intelligence Staff and which is
not directly in the CMO's chain of command, has a direct influence on the
CMO's authorities. Specifically, the GDIP Manager, who is responsible for
recommending GDIP resources for inclusion in or exclusion from the
President's budget, orchestrates the budget process, allocates fiscal
guidance, directs reductions and reallocations, and approves the GDIP
budget. The GDIP Manager is assisted by three Defense Intelligence
Functional Managers (FMs) for Collection, Processing, and Infrastructure.
These FMs are charged with the preparation, supervision, and monitoring of
GDIP programs and budgets within their areas of responsibility. The Director
of the NMICC is also the GDIP FM for Collection. This puts the Collection FM
and management staff directly above the CMO in the current organizational
structure to represent MASINT and other disciplines/functions.
This
organizational construct limits CMO's actual influence over MASINT system
development, tasking/operations, and programmatics. The MASINT Panel
participants unanimously voiced opinions that the CMO is virtually powerless
to direct and coordinate the MASINT effort. Additionally, CMO only has
direct control over approximately 1/4 of the total MASINT funding4. The
remainder is within the service and agency accounts. (It should be noted that
much of this remainder pays for systems that not strictly MASINT systems
or operations - therefore, much of this should not be the purview of the
CMO.)
2) The CMO has true functional management over only those MASINT funds
within the GDIP. Because CMO is a management organization, most of its
funds are actually obligated by the Services or Agencies. For example, 84%
of the GDIP MASINT funding is obligated by USAF (this equates to 30% of
the USAF's GDIP TOA), and USAF provides 93% of the manpower5. These
are important statistics in light of previous recommendations. Further, some
respondents stated that CMO's direct authority over GDIP-only funds tends
to focus CMO's efforts on GDIP issues. That is, CIAP and other (TIARA)
programs do not get proper CMO attention because CMO does not have
insight or leverage into these programs (the "Golden Rule" applies - "he who
owns the gold rules"). Therefore, such programs may suffer a lack of
community-wide direction. CMO needs insight into all "national" (CIAP) and
"tactical" (TIARA) systems, missions and developments.
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3) The CMO's Mission Area Assessment identifies, as a critical need
characteristic for future MASINT systems, a centralized/coordinated direction
and oversight6. Under the current construct, the Services and Agencies have
control of over 75% of all MASINT resources7. CMO has no direct control or
oversight of these resources, rightfully so in some cases. But the fact
remains, the CMO's ability to provide quality centralized management is
hampered by organizational and budgetary barriers.
4) There is "no one in charge" of MASINT. An in-depth review of the
MASINT "chain of command" reveals that it is difficult, if not impossible, to
find a congruent chain of command for the MASINT "system of systems."
That is, there is no continuous chain of responsibility flowing from the
Director, DIA, through Director CMO to the Services/Agencies, to the
collection systems, to the users and back. Despite the official DCI and DoD
responsibilities and authorities assigned to the CMO, very little authority is
actually applied in reality. This can be directly attributed to the fractured
chain of command, limited CMO manning, and organizational construct under
DIA denies CMO from providing a real community leadership role. CMO
must actually assume the authorities (with additional billets described later)
which it has been charged.
5) The Director, DIA -- not the Director, CMO -- is the real spokesman for
MASINT at the Military Intelligence Board (MIB). This contrasts unfavorably
with the Director, NSA and the Director, CIO, who are the (logical)
spokespersons for their technical disciplines. The panel voiced concern that
the Director, DIA is often forced to "choose" between MASINT issues and all
other issues without having the technical expertise in the MASINT area. As
an example, although budget cuts are worked in a formal process, MASINT
R&D is considered by some as the GDIP budget's "soft underbelly," liable to
be the first to take funding cuts (before, say, operational systems or
manpower billets). It was acknowledged that some of the R&D cuts are due
to poor execution of funds -- although execution rate determinates can be
misleading. Nonetheless, CMO should have the real voice in MASINT matters
to ensure that balanced, well-considered, logical decisions are made.
MASINT 2010, Planning the U.S. MASINT System for the 21st Century
MASINT panel #2 and #3, discussion with acting Director, CMO, Mr. Jim Fahnestock
168
6) With specific regard to the budgeting process, because the DIA GDIP
Management Staff has significant authority in the current organizational
structure over CMO, some respondents criticized that policy decisions often
that do not reflect the professional thinking within the CMO. Additionally,
since DIA is not an acquisition organization, CMO must transfer allocated
funds to the services to work specific technology issues. This is done
through the DIA comptroller. The process is slow and cumbersome, and does
not provide the CMO the flexibility they need to ensure thoughtful
technologies and reactive operations. Finally, because CMO's R&D budget
must use the GDIP budgeting accounting process, obligation rates often lag
behind the established "norms." Accordingly, these funds can be easily
targeted for reduction even though their need is real.
7) Because of prior position cuts, until very recently, the CMO has been left
without the necessary leadership (General officer or SES-level) that has the
real authority to coordinate the MASINT community.
8) Based on panel respondent estimates, the CMO is understaffed, both in
real terms based on current billets authorizations, and based on real need.
Currently, the CMO is authorized 30 DIA billets -- 27 of which are filled; 6
CIA billets -- 5 of which are filled; 2 each Army and Navy billets - none of
which are filled; 1 Air Force SES position -- the individual for this position
was just recently hired; and 15 officer billets for the Consolidated MASINT
Technical Collection Office (CMTCO) -- 14 of which are filled.)8 Although a
specific number needs refined analysis, several respondents discussed
numbers of approximately 75-100 authorized CMO billets as being more in
line with the tasked mission of the office. The current limitation of people
relegates the CMO into an organization that is reactive in nature and "bound
by the in-box." Additionally, CMO is not manned or postured to do material
development. This development, in most cases, should be, and remains, the
purview of the Services and Agencies. However, CMO should have oversight
and coordination authorities for these programs. Additionally, partly because
of size and IC organizational structure, CMO is not aware of all
MASINT-related programs conducted throughout the USG. This is particularly
true of multi-, hyper- and ultra-spectral sensing being pursued by various
agencies.
CMO figures.
169
9) The MASINT Committee and its subcommittees (which predate the CMO)
exist primarily as a means of cross-flowing information between agencies and
services. This committee is analogous to the SIGINT committee. Several
participants questioned whether these committees (and subcommittees) are
only necessary because CMO is not properly sized/staffed to meet its
responsibilities9. However, a number of respondents stated these committees
are extremely useful and should be maintained.
Findings/Recommendations
10) The Director, Central MASINT Office has the necessary legal authority
to carry out the functions of a coordinated MASINT program. However,
because of a lack of personnel, grade and organizational structure, the
Director, CMO does not have the real authority to carry out his/her
responsibilities. To ensure community-wide coordination of efforts, CMO's
charter under DCID 2/11-1 should specifically include the management
oversight of aH MASIIMT budget builds including CIA MASINT programs. This
charter should also provide the Director, CMO the authority to "determine"
the systems are or can be a MASINT contributors. This would be to
determine what systems could provide MASINT collection, and which could
be logically managed within the MASINT program." This CMO authority
concept may not be well received by the Services and Agencies, but is
actually CMO's assigned task today.
11) The Director of CMO needs to be a General Officer or SES-level position,
with not only the statutory or executive order authority to be the spokesman
for, but the real authority for MASINT, as is the Director, NSA for SIGINT.
The Director, DIA has recently hired a new SES as the Director, CMO. As of
the writing of this report, any new titles/responsibilities/authorities to be
granted this person are unknown. However, the Director CMO, needs to be
a permanent member of the MIB, NFIB and other senior DCI and DoD
boards/panels as the representative for MASINT. His authority to establish
MASINT community direction, standards, etc, should be on par with those of
Director, NSA and Director, CIO (or the new NIMA). Director, CMO should
also be a formal member of a senior steering committee that can vet MASINT
issues applicable to the entire IC. (The Intelligence Community Management
staff study recommends a construct for this to occur.)
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12) A MASINT management reorganization will be painful, but is necessary
to ensure the viability of this critical future discipline. Such a reorganization
should focus on joint units, offices, and organizations. Such an organization
should be within the TCA (see the Intelligence Community Management staff
study). Specifically, MASINT management requires a "stand alone" capability
like that of NSA - though ail would agree, not the size. This should requires
the equivalent of a U.S. MASINT System (USMS) like the U.S. SIGINT
System or the U.S. Imagery System. If there is no consolidation of the IC
structure (i.e. a TCA) the CMO may need to be an organization independent
of the DIA structure, but not necessarily independent of the Director, DIA.
For "care and feeding" purposes, the CMO can continue to exist within DIA,
but must be an organization that reports directly to the Director, DIA, not the
staff elements of DIA. Additionally, the CMO must have the authority to use
existing (DIA) budgeting organizations (on an "outsourcing basis") to facilitate
their obligation and transfer of funds as necessary. CMO could also be
organized outside of DIA directly responsible to the Assistant Secretary of
Defense, Command Control Communications and Intelligence. In either case,
CMO needs to be responsible for all USG MASINT efforts (just like NSA is for
SIGINT), and responsible to the DCI and SECDEF for satisfaction of MASINT
information needs. In either case, the CMO must be given the real authority
to take on the responsibilities laid out in existing charter.
1 3) The CMO should be given the NSA-equivalent of the "SIGINT seal of
approval." (Under the TCA construct, this becomes a mute issue.) That is,
CMO should be given a U.S. MASINT System (USMS) lead status with the
ability to provide real guidance relative to programming, research and
development, standards, tasking and operations. CMO should have more
authority over service and agency developments and acquisitions (this should
be a chairman of the board construct).
This is not to undermine
service/agency Title 10 authorities, but rather to provide a coordinated
approach to resource expenditures. Again, this may not be well received by
the services/agencies, but is actually CMO's assigned task today. In
conjunction with, and through the authority of the DDCI/CM's Infrastructure
Support Organization (ISO), the CMO should establish MASINT system
standards, with the services/agencies (the consolidated NRO) developing the
material solutions.
14) Increase the size of the CMO. A specific number needs further analysis,
however, respondents argue that a staff of at least 75-100 people is needed.
This number is based on an independent (e.g. no TCA) organization. Refined
numbers for a division within the TCA will have to be determined. However,
a TBD percentage of these billets should be military, with the services
providing their experts to the organization. In the joint environment, the
Director, CMO needs to facilitate the "cross-pollination" of services,
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organizations, and agencies to ensure the long term needs of customers can
best be satisfied. Additionally, the CMO should have representatives
assigned to the theater CINCs just as does NSA, DoD HUMINT, etc.
1 5) The role of the MASINT Committee should be further reviewed for
adequacy /need. Most study participants voiced a good deal of support for
the MASINT Committee, stating that it provides a useful forum for the
Agencies and Services to voice their concerns, opinions and positions as
(CMO) policy decisions are developed. They believe this allows for infusion
of some much needed objectivity into the MASINT decision process.
However, there is a question of what the Committee's true charter is,
particularly when viewed in the light of a stronger, more robust (also read:
joint) CMO. There is no readily apparent savings or added value to dissolving
the MASINT Committee, but the committee construct as a whole should be
viewed for future relevancy.
16) CMO must be able to state and maintain the necessary management
positions
(both
popular
and
unpopular)
relative
to
MASINT
budget/programmatic recommendations and decisions. Such decision must
be further incorporated within the CMS budget process (again, see the
Intelligence Community Management staff study for further discussion).
Such coordinated budgeting can only happen if CMO is given and takes more
direct control of the entire MASINT effort from budget through policy
formulation.
Additional Thoughts
A. MASINT is a science-intensive discipline. Its one true characteristic is the
need for practitioners well-versed in the broad range of physical and electrical
sciences. These people cannot be honed from miHtary service schools in one or
two years. These people need to come from academia fresh with the scientific
knowledge from experimentation and research. Nor can they continue to be
"proficient" in their areas of expertise if they are maintained in government
employ for an entire career. Such scientists must have portability. That is, they
must be able to leave government employment and rejoin the ranks of academics
in order to maintain their scientific knowledge. The IC needs the personnel
equivalent of commercial off-the-shelf technology (COTS). As part of the overall
IC management initiatives, we discussed examining the feasibility of pursuing
trial personnel management programs that provide incentives to recruit the
necessary scientific experts for the IC's needs. Such programs need to be
pursued with the full understanding that such experts may not spend a 20-30
year career in government employment.
The Committee recognizes the
magnitude of such a proposal, and stops short of attempting to enact this
recommendation into law. However, the we believe plans, such as limited
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government pensions, movement of private pensions and savings plans into (and
out of) the federal retirement plans, bonuses, etc., hold the promise of helping
to ensure the Community can retain these experts for national service. We also
believe there is a need to address the issue of being able to rehire retired military
experts. Although costly, the returns in terms scientific knowledge would be
well worth the investment.
B. For intelligence collection/support systems, there is a continuum that runs
from those systems that provide pure intelligence collection and those that
provide pure operational (i.e., SMO) support. In reality, all U.S. IC systems fall
within the two extremes. There is a need to "plot" where individual systems fall,
determine the IC strengths, its weaknesses (the holes) and use existing systems
to cover the holes before setting off to build new systems or capabilities.
C. The intent of this report is not to "oversell" MASINT, but rather to call
attention to some areas of concern, weakness, and, in fact, strengths. MASINT
is not the most critical intelligence source for U.S. customers today. However,
for any one particular incident or collection opportunity, no discipline always is.
True all-source collection and analysis is critical. This report does try to
emphasize that MASINT is a critical discipline that has the unique potential of
being more so in the future. MASINT provides information that other sources
cannot. This is not to say it is specifically a niche field, but can satisfy niche
requirements.
D. The group identified (via various inputs) some recurring thoughts that would
identify the MASINT system's greatest needs. These deserve reiterating:
Educate people on what MASINT is and is not.
-
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-
There is absolute need for tasking and planning interactions between all
players for all planning, R&D, system development, tasking, employment,
etc.
There needs to be a joint collection manager MOS/AFSC within the
services, or, at a minimum, there needs to be an effective training
block/course for all personnel assigned to work in collection management
positions. How can we develop an JCMT without it?
Conclusion
There are a number of varied thoughts relative to the future of MASINT.
Whether it remains a specifically-named intelligence discipline or not is less important
than ensuring the viability of the technically and scientifically derived information
from the many collection sources. User knowledge and insight as to what the
MASINT product can provide for the future battlefield or for national objectives is
imperative. Strong leadership is necessary to steer this "intelligence discipline of the
future" into the next century.
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COLLECTION: LAUNCH
Executive Summary
Spaceborne collection assets are useless if they cannot be put into orbit.
Hence, launch vehicles will remain a critical component of the US intelligence
collection architecture. Titan IV, the primary launch vehicle used by the Intelligence
Community (IC), is prohibitively expensive. In order to meet the needs of all users,
the US needs to move to simple, reliable, affordable launch vehicles. Though we
believe the US must ultimately develop a new launch vehicle, interim solutions require
the infusion of new ways of doing business and decreasing the IC's reliance on the
Titan IV. The following recommendations reflect this approach.
If technically feasible, all IC payloads should be taken off of the Titan IV.
No Titan IVs should be purchased by the IC after the 1997 buy, and
even that should be reconsidered.
The U.S. should examine the viability of advanced technologies to reduce
the size of satellites.
The Air Force should modify its Evolved Expendable Launch Vehicle
(EELV) program to focus solely on the heavy lift problem. The US
government should take advantage of the Medium Launch Vehicle (MLV)
competition between McDonnell Douglas and Lockheed Martin in order
to keep MLV costs low.
All IC payloads should move to the "ship and shoot" approach (i.e.,
payloads arrive at the launch site ready for launch, with no on-site
assembly, testing, etc).
Future IC payloads should conform to the standard interface of the
launch vehicle. IC MLV class payloads should be compatible with both
the Atlas IIAS/R and the Delta 3.
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COLLECTION:
LAUNCH
Launch vehicles are, and will remain, a crucial component of the US space
architecture, especially in support of the Intelligence Community.
Numerous
government studies have espoused the criticality of our space transportation system
to the US's assured access to space and have enumerated the many problems
plaguing the launch vehicle community (LVC). Yet, nothing has come of these studies
but piles of paper. No one has been able to push the solution forward for the real
issue the LVC faces: the requirement for simple, reliable, and affordable launch
vehicles. Though many organizations have tried, all previous efforts to build a new
launcher have failed (ALS, NLS, Spacelifter, etc.) because the US Government (USG)
tried to procure these systems doing business as usual. Costs grew substantially and
programs were cancelled. The Intelligence Community (IC) is particularly vulnerable
to the vagaries of the LVC. Because IC payloads are launched to support national
security interests, required launch costs have been paid, regardless of how exorbitant.
However, this climate is changing, mainly due to the current austere budget
environment. With many of the IC payloads being scaled back or downsized to save
costs, it is time to take a serious look at the LVC and decide if it is providing what we
need to support intelligence requirements for the 21st century.
In recent years, the IC has mainly been concerned with the Titan IV (TIV) launch
vehicle and, in fact, the IC has been the main driver behind the need for a heavy lift
capability because of the size of its payloads. The TIV has become the workhorse of
the Community since (and because of) the Space Shuttle Challenger accident. It is the
only US vehicle (besides the Space Shuttle) capable of providing a heavy lift capability.
The TIV, along with the rest of the United States' launch vehicles, is based upon
1950's ICBM technology. ICBM developments were not optimized for low-cost
production and simple, streamlined operations. These missiles were designed in the
shortest time possible and built with the emphasis on maximizing performance (i.e.,
to carry the largest warhead possible) while minimizing the weight of the missile.
Thus, very little design margin was allowed to keep the weight of the ICBM low. The
Atlas launch vehicle is a perfect example of this. The structural walls of the Atlas
missile's propellant tanks (and consequently, those of the Atlas launch vehicle) cannot
stand up by themselves because the tanks' walls are extremely thin to save on
weight. They must be internally pressurized for structural stability; otherwise, they
implode. Hence, it is no wonder that our current stable of launch vehicles is not
optimized for cost efficiency, robustness of design, and short operational timelines.
Further, no matter how many times we upgrade these systems, their complex designs
will never allow for ease of operations, low cost and maximum reliability. There is
only so much that can be done with these legacy systems.
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Though we believe that, ultimately, the country must make the investment in
a new launch vehicle as stated in Option 4, we must deal with the realities of today.
Also, as stated earlier, there appears to be very little that can be done in the form of
upgrades to increase substantially reliability and to decrease costs for these legacy
systems. Therefore, we recommend a combination of Options 1 and 3. The IC should
reduce its payloads in weight and size to be compatible with the MLV class of
boosters, at a minimum, but should strive, using advanced technologies, to attain the
smallest satellite size and weight possible. We believe, with perhaps the exception
of one program, that all current payloads that use the TIV can be downsized with no
degradation in performance. This will drastically reduce launch costs for these
programs.
Regarding EELV, we believe the Air Force should modify its program to focus
solely on the heavy lift problem. Until it is ascertained whether the remaining IC
program can be downsized to a MLV class booster, we must protect a heavy lift
capability. However, MLV costs are already at the cost goals of EELV and both
Lockheed Martin and McDonnell Douglas have committed to a MLV program,
regardless of whether EELV lives or dies. This is based upon their forecasts for the
commercial market. Hence, the USG should use this competition to its advantage and
use both MLV programs, instead of locking itself into one contractor team as EELV
proposes. Where is the incentive for the contractor to be low cost when it has a
monopoly on the USG market? Allowing this MLV competition to continue would
allow lower prices to be obtained and would provide a responsive backup capability
if enough foresight went into the redesign of the new IC satellites. The new EELV
program should mandate that the heavy lift vehicle be a derivative of the MLV
programs so that economy of scale will be preserved (especially if the IC is left with
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only one program requiring heavy lift). Several EELV contractors are already designing
their programs in this way. There are some who predict that eventually there will be
a commercial market for a heavy lift vehicle, based on the continuing trend of
commercial communications satellites to grow larger.
However, based on IC
requirements, we do not have the luxury to wait and see if the commercial market will
help to drive heavy lift costs down.
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Not all IC programs have been as enthusiastic about embracing new technology
and lighter weight materials. Their rationale was based on the economies of scale for
the TIV program. If the IC pulled all of their spacecraft off of the TIV except for one
program, the costs become prohibitively expensive for that remaining program. That
does not mean, however, that we should continue to pay three times as much for
launch vehicles for other programs (not to mention foregoing the cheaper satellite
costs) to save the perception that the TIV program is affordable. Perhaps the cost
savings would be eaten up by the TIV inefficiencies, but it might provide the impetus
to devise new ways of downsizing the remaining heavy lift program, so it too could
be taken off of the TIV, and provide more support to the heavy lift EELV program (i.e.
with only one satellite requiring heavy lift, we need a more cost effective means of
providing it). We have embraced a serious and timely examination of small satellite
technology and believe that much smaller satellites can perform some, if not all, IC
missions, with improved performance and flexibility. These new satellites could
potentially use the small launch vehicle (SLV) class of boosters.
This SLV class of boosters includes the Lockheed Martin Launch Vehicle (LLV)
and Orbital Sciences Taurus vehicle. We must mention some of the development
problems this class of boosters is experiencing. LLV has had one failure out of one
launch attempt and Taurus has had one success out of one launch (though its sister
program, Pegasus, has had numerous failures and has yet to become truly operational,
casting doubt on all of Orbital's launch vehicle programs). Though these boosters
have had their share of problems, both companies have enormous incentive to make
these programs viable from both a cost and reliability point of view. Both companies
have commercial satellite programs that must fly on their own respective small launch
vehicles. Hence, these companies must ensure that their launch vehicles will perform
reliably and take their payloads into orbit. We believe these market forces will provide
the impetus required to make these programs operational. If this does not occur,
MLVs can always be used, albeit at greater cost (though still much cheaper than the
TIV).
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The remaining heavy lift program presents the IC with a major dilemma. The
Air Force has no current plans to continue use of the TIV for Department of Defense
(DoD) payloads past the follow-on buy scheduled for 1997. If all other programs are
taken off of the TIV, the IC will have the only remaining program using this launch
vehicle. Regardless of the number of programs it keeps on the TIV, the IC could very
well be forced to pick up the whole tab for the TIV program, based on the Air Force's
decision (though, at present, the Air Force has said this will not happen). This would
be an increase the NFIP could not absorb. The IC, as a part of the aforementioned
follow-on buy, will have procured TIVs for all of its approved programs. Production
of these TIVs will be completed by 2000. It could be many years before the next TIV
launch vehicle is needed. Thus, a major decision is needed in 2000 on whether or not
to procure more IC TIVs.
We believe the IC should not purchase any more TIVs after the 1997 buy and
that even this buy should be reconsidered. If the IC goes ahead with the 1997 buy,
it will have bought, by 2000, all of the TIVs it needs for its approved programs, and
then some. As part of the initial block buy, at least two TIVs were procured for
spacecraft that have since been cancelled. There may be more TIVs available if other
programs discussed earlier are downsized. Thus, the IC has a surplus of TIV vehicles.
Based on new designs implemented by Lockheed Martin, a satellite program is not
locked into a specific TIV configuration but can use any TIV vehicle. This greatly
increases the IC's flexibility in using its surplus TIVs. (These surplus vehicles could be
used for the remaining heavy lift program to protect a launch capability if the heavy
lift portion of EELV cannot support this program.) Therefore, there is no need for the
IC to procure more TIVs, including the 1997 buy, other than protection of the
industrial base.
If the IC decides to buy more TIVs to keep the production line open, it will, in
essence, entail a IC commitment to the TIV vehicle as the heavy lift benchmark for the
next two decades, based upon satellite design timelines. In other words, the IC will
be buying launch vehicles for satellites that will not fly for years. Because the most
cost effective time to switch launch vehicles is between block buys, the IC will be
saddled with the TIV for another 20 years. As stated above, we believe this is the
wrong direction to take. Hence, no more TIVs should be procured by the IC.
To solve the particular problem of the remaining heavy lift program, R&D should
be increased in the area of advanced technologies to support reducing the weight and
size of the spacecraft. Alternate methods of performing this mission should also be
pursued with increased, objective vigor (at a minimum as a part of the IC's Small
Satellite Office's downsizing studies). If neither of these attempts at downsizing
succeed, the IC will obviously be left with a requirement for a heavy lift capability but
180
at an extremely low launch rate. Thus, again, increased support needs to be given to
EELV to ensure that the heavy lift derivative is closely tied to its MLV brethren. This
is the only way that a heavy lift capability will be made affordable.
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CLANDESTINE SERVICE
Executive Summary
The purpose of this study is to present ideas about the future roles,
organization, and management of a clandestine service as they were developed by the
Study Group in the course of its "Intelligence Community in the 21st Century" (IC21)
study. The body of the paper consists of explications of twelve principal "findings"
concerning this clandestine service.
Some of these findings represent radical
departures from the status quo. Others simply reaffirm and revalidate existing
arrangements that have been under question.
While this study stands on its own, its observations and conclusions are
compatible with the other IC21 studies. Moreover, when looked at in the context of
the Committee's examination of the Intelligence Community (IC) as a whole, the
following findings and recommendations have been extracted from this study for
inclusion in legislative proposals to reorganize and better direct the IC in the future:
Findings
The U.S. requires a clandestine service of the highest professional
standards and competence.
Clandestine collection must be focused principally on select, high priority
national and military requirements.
high
level
of
Recommendations
There should be a single US clandestine service (the "Clandestine
Service,") under the Director of Central Intelligence's (DCI) direct
supervision.
For intelligence collection tasking and requirements purposes, the
Clandestine Service should respond to the regular community-wide
collection management process.
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183
CLANDESTINE SERVICE
Definition of Terms: "HUMINT" and "Clandestine Service"
The terms employed in this study reflect some of its findings. The most
important example of this is the use of the terms "HUMINT" and "clandestine service."
Originally, the Study Group had characterized this part of the IC21 study as being
about HUMINT. The term is, however, a particularly ambiguous one, the use of which
frequently masks if not perpetuates intellectual sloppiness. Properly speaking,
HUMINT refers to a category of intelligence, that which is reported by a government
information collector who has obtained it either directly or indirectly from a human
source.1
As such, the term hardly begins to encompass the subject under
consideration: the proper mission, management and organization of the entity or
entities responsible for foreign clandestine intelligence operations (i.e., espionage,
counterespionage, covert action and related foreign liaison activities). Such an entity
is a "clandestine service."
A clandestine service does much more than simply collect "HUMINT"
clandestinely, that is secretly exploit agents for the purpose of collecting intelligence.
A clandestine service also works in liaison with other spy services to run all types of
operations; it taps telephones and installs listening devices; it breaks into or otherwise
gains access to the contents of secured facilities, safes, and computers; it steals,
compromises, and influences foreign cryptographic capabilities so as to make them
exploitable by US SIGINT; it protects its operations and defends the government from
other intelligence services by engaging in a variety of counterespionage activities,
including the aggressive use of double agents and penetrations of foreign services;
and it clandestinely emplaces and services secret SIGINT and MASINT sensors. It also
has the capability of using its techniques and access to run programs at the
184
President's direction to influence foreign governments and developments, that is,
"covert action."2 The unifying aspect of these activities is not some connection to
HUMINT; rather, they are highly diverse but interdependent activities that are best
conducted by a clandestine service. The terms "HUMINT service" and "clandestine
service" can be used interchangeably only in ignorance or with a willful disregard for
the actual meaning of the words.
A final note on the use of the term "clandestine service." When referring
specifically to an existing clandestine service, such as the CIA's Directorate of
Operations (DO) or the clandestine element of the DoD's Defense HUMINT Service
(DHS), this is done so by name. In discussing an ideal or future organization
performing those missions, we have used the term "Clandestine Service" or CS as a
proper noun.
Background: Clandestine Operations and a Clandestine Service -- How Important Are
They? Do We Need Them? Will We Need Them?
There is no more beleaguered element of the Intelligence Community than the
clandestine service -- the organization currently known as the CIA's Directorate of
Operations (DO).3 It has been the subject of ceaseless critical scrutiny and even
vilification from the press and more than occasionally from Congress since the
2
For the purposes of discussion in this section of the study, we will concentrate
on the DO. Although the newly created Defense HUMINT Service of the Department
of Defense consolidates most military clandestine operations, it is as yet an infant
organization running fewer operations globally than does the CIA in many countries.
185
Congressional hearings of 1975 and most recently since the arrest of Aldrich Ames,
a DO employee, in February 1994 as a Soviet (and later, Russian) agent.
The tenor of much of the recent reporting is exemplified by a statement in the
U.S. News and World Report that the DO is at the center of a system of
"incompetence, corruption, cover-ups, and ... failures."4 In Congress, there has been
no reluctance on the part of some to make public accusations of DO malfeasance,
ineptitude and even illegality. Recent examples are false charges of DO involvement
with assassinations in Guatemala and of costing taxpayers billions of dollars by
passing on Soviet/Russian disinformation that was used to justify supposedly
unnecessary US defense programs. The political and editorial mood is such that
charges of this sort, although they frequently prove to be overstated if not outright
wrong, find immediate acceptance and make the public even more receptive to
subsequent further "revelations." It would appear that the the current DCI, John
Deutch, has been, at least to some degree, influenced by these stories and allegations,
since he has publicly lamented the DO's "tremendous deficiencies" and reportedly put
on his daily calendar a standing objective of "reinventing the DO."
Ironically, however, the DO of the last few years appears to be at least as and
possibly more successful than it ever has been. It has made significant advances in
penetrating the great majority of hard target countries and a wide variety of terrorist
and proliferation organizations. It has dramatically redefined and focused its activities
on high-priority national intelligence issues. Its Office of Military Affairs, under an
Assistant Deputy Director of Operations for Military Affairs (ADDO/MA) (created after
Desert Storm had shown weakness in support to the military), received strong kudos
from its military customers. In response to a perceived need to tighten up its
bureaucracy, the DO has also dramatically reduced personnel (to the point that it is
two years ahead of its Congressionally-mandated goals), closed down a sizable
fraction of its stations and bases in the last four years, and drastically cut back on the
number of personnel in the field. It has opened up some of its operations and brought
in outside experts at an unprecedented level to the point that seniors from the
Directorate of Intelligence, FBI, the military and DoD civilian organizations serve in
positions up to and including the division chief level.
These positive assertions - standing in such stark contrast with the negative
general assessment that recent accusations have fed - are sustained by what little
objective data there is available to assess the relative value of the DO's product. The
Committee is aware of three studies attempting to develop hard data on the utility of
the intelligence produced by the intelligence disciplines: the Strategic Intelligence
Review (SIR) process of 1994, a survey of National Intelligence Daily (NID) citations,
John Walcott and Brian Duffy, "The CIA's Darkest Secret," U.S. News and
World Report, 4 July 1994, p. 35.
186
and the 1995 Comprehensive Capabilities Review undertaken by the Community
Management Staff.
The twelve SIRs prepared at the DCI's request and under the auspices of the
National Intelligence Council in May 1994, identified 376 intelligence "needs" and
rated the value of the contribution of the various intelligence disciplines (HUMINT,
IMINT, SIGINT, MASINT, and open source) in meeting those needs. An example of
such a need is "International terrorist organization X's plans to attack US persons,
facilities, and interests." In aggregate, the SIRs clearly identify HUMINT as the most
important source of intelligence for the subjects treated.5 Specifically, HUMINT was
judged to make a "critical" contribution towards 205 of the 376 intelligence needs
identified. That is more than half again as much as the next greatest contributor
(SIGINT) and more than twice that of the third (open source).
Within several important specific subject areas, HUMINT's contribution is
particularly strong, such as in reporting on the transnational issues that are now
among the highest priorities of the IC: terrorism, narcotics, proliferation, and
international economics. In providing information on terrorism, HUMINT garnered the
grade "of critical value" almost 75 percent of the time it was given. In narcotics,
HUMINT was graded critical more than the other intelligence disciplines put together.
In collecting critical intelligence on the proliferation of weapons of mass destruction
and their delivery systems, HUMINT's contribution was over 40 percent. Finally, in
international economics, its contribution was over one third. Similarly, in several more
traditional areas of foreign political intelligence and regional developments, HUMINT
was rated the most important source for covering the Near East, South Asia, Europe,
and Africa. In summary, it would appear to be safe to conclude from the Reviews that
what they term as HUMINT is unsurpassed as a source of critical intelligence to the
national policymaker.6
Another effort at objectively assessing the usefulness of intelligence coming
from the various collection disciplines is a study that was done of the intelligence
sources used in the preparation of the NID for January 1993. Not surprisingly, open
source and Department of State reporting were the most frequently cited sources of
5
lt must be noted that the Reviews are inconsistent in their use of the term
HUMINT. Frequently they use it in exclusive reference to clandestine HUMINT and
refer to overt collection as part of open source collection. Yet, in other instances it
lumps clandestine and overt in the same "HUMINT" category.
6
187
information. They were followed by the various types of intelligence reporting in the
following order: DO reporting, SIGINT, imagery, and Defense Attache reporting. By
issue, the DO was the most important intelligence source in the areas of weapons
proliferation, economic security, Europe, Africa, Latin America, terrorism,
counternarcotics, and Somalia. Although this is, of itself, a good reflection of the
value of the DO's product, it does not capture it all, since the NID does not typically
reference much of the DO's best reporting that is disseminated only within highly
restrictive "blue border" compartments.
Finally, in late 1995 the DCI's Community Management Staff (CMS) prepared
a Comprehensive Capabilities Review that is probably the best effort yet at objectively
assessing the collection capabilities of the various parts of the intelligence community.
In this case, the CMS worked from the specific intelligence issues as categorized and
prioritized by Presidential Decision Directive outlining intelligence priorities. In this
review, too, clandestine operations elements had a strong showing. In the crisis
capability category, the clandestine HUMINT collection capabilities were rated as being
of approximately the same value as SIGINT. Against the category of transnational
issues, the DO's capabilities were unquestionably the strongest in the intelligence
community, being half again those assessed as belonging to SIGINT. Against "rogue"
states and other top priority target countries, the DO played a secondary role to
SIGINT. It is worth noting that in this review the assessment of the DO's production
was only of its "HUMINT" reporting and did not include the reporting that results from
the DO's clandestine technical operations.
The demonstrable value of CS reporting and its more than respectable showing
in relation to other types of intelligence is further highlighted by its relative low-cost,
except in comparison with open source collection: at a single digit percentage of the
National Foreign Intelligence Program budget, clandestine operations cost a small
fraction of what is spent on IMINT and an even smaller fraction of what is spent on
SIGINT. This is not always understood and, in particular, is lost on the public. Even
Roger Hilsman, a former intelligence officer, referred in a recent Foreign Affairs to the
"enormous cost of fielding secret agents."7 The fact is that US espionage under even
the most sanguine projections has little prospect of ever costing more than a fraction
of what is spent on technical intelligence collection programs.
Even if we accept the current value of a CS and its relatively low cost, the IC21
study, of which this is part, is looking to the future. For that reason we must ask
whether it will also be useful in the future. Although it is difficult to foresee the
geopolitical situation of ten or fifteen years from now, there are several characteristics
of good clandestine operations that point to their probably being particularly well-
1995):
"Does the CIA Still Have a Role?" Foreign Affairs 74, no.5 (September/October
110.
188
suited to meet many post-Cold War national intelligence requirements. Although the
details are much debated, the IC, the executive branch, and Congress are all in basic
agreement that the most important intelligence requirements will fall in the following
categories: the transnational issues of terrorism, narcotics, weapons proliferation, and
economic competitiveness; hostile states; strategic threats; support to the military;
and "hot spots." Six points are worth making here about how a good clandestine
service can be of particular value in satisfying such requirements.
First, transnational issues involve the linkage of individual players around the
globe operating in secret cooperation if not alliance. These are notoriously difficult
targets for intelligence. But experience has shown that there are often weak links in
such organizations and good clandestine operators are ingenious at locating and
exploiting them. Thus, of all the intelligence collection techniques, clandestine
operations have a comparative advantage in collecting on most transnational issues.
The Strategic Intelligence Reviews of 1994 and the Comprehensive Capabilities
Review of 1995 have amply documented this strength. Moreover, there is no reason
to suspect the clandestine operator's capabilities will be less successful against these
targets in the future. This judgment assumes that the clandestine service is not
forced, for political reasons, to limit its ability to recruit and run agents inside the
frequently unsavory circles and governments in which terrorist, narco-traffickers,
proliferators and criminal elements operate.
Second, so long as there are humans at the controls of foreign governments
making decisions in secret affecting our national security, clandestine operations will
be important and effective in ferreting out the secrets. There is, of course, the
intelligence truism that espionage is uniquely well-suited among the intelligence
disciplines to discover plans, intentions, and deliberations.
That opinion is
complemented by the less understood, but equally true, argument that only a spy can
actively delve for intelligence. Technical intelligence collection requires specific types
of action on the part of the target-the visible movement of troops, discussions of
plans over accessible communications links, the development of chemical compounds
or biological forms that can be detected, and such. A spy, however, can even dig into
the hypothetical to satisfy an intelligence consumer, as, for example, when a well
placed agent in a foreign government is tasked to ask his leader, "What will we do if
the US does x?" Clandestine operations can, in short, shake the intelligence apple
from the tree where other intelligence collection techniques must wait for it to fall.
Third, the same global developments that are making intelligence collection less
necessary in some cases - the opening of previously closed societies, political and
economic integration, and increasingly mobile and free populations - are working to
facilitate the clandestine operator's task of getting to the important secrets that do
remain.
189
Fourth, counterintelligence will continue to be a challenge to the US so long as
there are hostile intelligence services, and clandestine counterespionage operations
(the running of penetrations of those services) has been and gives every indication of
remaining the most important keyhole we will have in detecting hostile intelligence
activities. The overwhelming majority of espionage cases opened by the Federal
Bureau of Investigation over the last thirty years has come from information provided
by human penetrations, most of them coming from the DO's large numbers of
penetrations of foreign services.
Notwithstanding new executive orders and
Congressional interest in increasing interagency counterintelligence analysis, analytic
successes will be extremely limited without the lead information and raw data
originating from clandestine operations.
Fifth, the CS will continue to have tremendous potential to ensure the success
of other intelligence collection disciplines. In particular, the CS will be called upon to
continue its support of SIGINT.
It is no surprise to those who understand
cryptography to learn that most cryptographic systems in use are exploitable only if
the codes are in some way compromised. Quite simply, brute computer attacks on
codes are usually unsuccessful.
Arguably, a clandestine service's greatest
contribution to intelligence is the compromising of codes. The proliferation of
sophisticated cryptographic systems ensures the growing importance of this role of
the CS.
And sixth, the CS's unique ability to develop clandestine access to foreign
facilities and locations will become increasingly crucial to the whole intelligence
community, the SIGINT and MASINT disciplines in particular. This Committee has a
strong record of supporting clandestine technical operations and, over the last few
years, has been greatly encouraged and pleased with the development of those
capabilities in the CIA in conjunction with other elements of the IC. The CS will
undoubtedly continue to play an increasingly prominent role in helping technical
collectors gain access to the media and materials they exploit.
In summary, we believe the importance of clandestine operations is greater than
is usually recognized and that there are strong reasons to believe they will be both
successful and appropriate in satisfying intelligence requirements in the future. That
said, there remain numerous questions about how to define further what the CS of the
future should do, what it should look like, and how it should operate. The "findings"
that follow are meant to address some important aspects of those questions.
23-748 96-7
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Finding #1: The Clandestine Service should be small and principally focused on select,
high priority requirements to which it can make a unique contribution.
The current Deputy Director of the National Intelligence Council has advised the
Committee that, from every corner, on every issue, we hear the consumers say, 'We
need more HUMINT.'" The Committee has heard the same from almost every current
and past senior consumer of intelligence it has consulted -- from National Security
Advisors, Secretaries of State and Defense, and CINC's. None of them has ever said
they wanted or could do with less. In this is recognizable the commonly held belief
that human spies can best fulfill the greatest (and most challenging) need of the
intelligence consumer, that is, advance knowledge of foreign developments, or, as it
is more usually called: plans and intentions.
We share the belief that clandestine operations are frequently the best means
of getting that type of intelligence, but are reluctant to embrace any call for an
expanded CS. There is a strong case for better, not necessarily more, HUMINT. The
reasons are several. Among them are that clandestine operations:
1)
2)
3)
4)
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and, ultimately, the director of the CS. Deputies to these various levels may or may
not also get involved. Additionally, there are functional offices and staffs within the
CS that must be consulted according to their charters or when their operational
equities are involved.
For example, an operation in a European country to penetrate a Near-East based
terrorist cell may involve: one or more of the desk, branch, and division level offices
overseeing European operations; the Counterterrorism Center element responsible for
operations around the world meant to penetrate the terrorist organization; desk,
branch, or division offices overseeing the Near-East nationality of the terrorist in
question; the counterintelligence office double-checking the bona fides of the source;
an Office of Technical Services element responsible for providing and servicing covert
communications equipment the source might use back in his home country; and the
office responsible for providing the case officer with cover for his travels.
Despite innumerable ideas at streamlining this sort of process, most CS
managers have concluded that they are largely unavoidable and that, in a small,
focused organization, they actually serve to enhance the security and productivity of
operations. Moreover, in a small CS, working only cases that meet a high operational
threshold, such a process of double-checks and coordination can work surprisingly
quickly and smoothly, usually within a day. Advances in office automation and
communications should speed this process even more in the next decade. However,
it is easy to see how a CS dealing with large numbers of marginal operations will have
to build a large bureaucracy to handle the load, making the whole system sclerotic and
unresponsive.
Second, clandestine collection requires long-term planning and a focus that
come best to an organization forced to plan strategically the allocation of its scarce
personnel resources.
Access and capability are two central concerns for all
intelligence collection managers. Some technical collection disciplines plan mostly to
develop generic capabilities -- an imaging satellite that has a resolution of so many
centimeters or a signals processor that can scan and select from some minimum
number of channels. These capabilities are to some degree fungible -- sometimes by
a simple change in the daily tasking or, somewhat less immediately, by shifting a
satellite's orbit from over, say, Iran to North Korea. Clandestine operations managers
must concentrate more on building target specific access, a process that, more often
than not takes months if not years. Examples are: placing a non-official cover (NOC)
officer or recruiting an agent in a company that can plausibly get close to a covert
weapons proliferation conduit; finagling a way to get inside a terrorist safehouse to
implant listening devices; or buying a house from which to mount a technical
collection operation. Since clandestine collection is relatively unresponsive to quick
changes in direction, it must keep a tight focus on its long-term objectives. Mistaken
or unclear priorities result in an immediate loss of attention to more deserving issues
as well as significant, lingering inefficiencies.
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clandestine operation.8
A small, focused CS is more likely to be careful in its
application of this calculus.
Having made these arguments, it is only fair to note that the DO's current
personnel resource plans more than meet the requirement that the CS be small. The
degree to which the DO has already drawn down and refocused its personnel
resources has gone almost totally unrecognized. Yet, the facts are stunning, even in
an IC that is seeing significant continuing reductions in personnel across the board:
Since 1990 the DO has reduced the number of "core HUMINT collectors"
by over thirty percent.
Large stations have been, on average, reduced in size by over sixty percent.
The number of deployed, officially covered case officers has been declining
at an average rate of almost ten percent a year for the last several years.
In overall personnel strength (including support staff), the DO has already
met its Congressionally mandated FY 1998 personnel reduction goals.
We believe these changes have been, on balance, healthy for the DO and,
barring significant changes in the international environment, current personnel levels
are appropriate for the proper utilization and management of the CS into the next
century. Although the CS of the future will be challenged by a growing demand from
intelligence consumers for more clandestine collection, the proper response, in most
cases, is to strive for better quality reporting and, as necessary, to reprioritize
collection to satisfy the most important requirements, rather than to make a net
increase in human resources to satisfy the requirements.
Along with the aggressive moves to draw down and redirect personnel
resources, there has been for some time a move towards narrowing the focus of
This calculus is frequently misstated even in the IC by those who would weigh
the potential intelligence benefit from an operation against the cost of its assumed
compromise. So, for example, one would ask, "Assuming this will be compromised
and be used against us, is it worthwhile recruiting the army chief of staff in country
X?" Needless to say, few operations would be justifiable under such a formulation.
Similarly, no one would ever drive to a grocery store or to work if that action were
being weighed against an assumed worse case scenario -- a fatal auto accident. The
proper calculus is to weigh the potential intelligence benefit against the cost of a
realistically appraised possibility of compromise.
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clandestine operations to "operations that count." To do this, personnel resources
in the DO have been redirected to increase attention to "hard" targets. There have
been several "zero-based" reviews of the inventory of agents to terminate handling of
those who do not materially advance efforts to penetrate hard or other high priority
targets.
This finding is based on the "supply side" management of CS personnel
resources as the surest way to limit clandestine operations to those operations
satisfying truly important requirements uniquely amenable to its techniques. The
"demand side," or "requirements" as they are called in the IC, also must be worked.
All intelligence collectors are faced with intelligence requirements that massively
overload the system. This is a long-standing problem that many collection managers
and outside experts have identified as possibly the most persistent and troublesome
of all those facing the IC. Fortunately, in the National HUMINT Requirements Tasking
Center (NHRTC), set up in 1992 under the direction of the deputy Director for
Operations (DDO) in his role as the National HUMINT Collection Manager, clandestine
operations undergo the most rigorous, formal requirements vetting process in the
community. (See the IC21 Intelligence Requirements Process staff study for further
details.) The NHRTC measures requirements by importance and allocates them to the
most appropriate, least risky collection mechanism available.9 The rule of thumb is
that clandestine capabilities are to be tasked with a requirement only when these
capabilities are uniquely able to satisfy them and the requirement rises to a level
justifying the risks that would be entailed. The CS seems to have in place already
much of the requirements management process that the CS of the future will need.
Finding #2: The DCI needs to reaffirm and, as necessary, expand upon existing
guidelines to ensure the role of the Clandestine Service in leading the Intelligence
Community's conduct of foreign clandestine operations, i.e., espionage,
counterespionage, covert action and related intelligence liaison activities abroad.
There are two parts to this finding. They build upon existing DCI and COS
authorities.
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First, the CS should have direct control of all US foreign clandestine operations,
that is, those that have been defined in DCI Directives as espionage related. Those
are, specifically, all intelligence activities "directed towards the acquisition of
intelligence through clandestine methods." Clandestine operations are compartmented
on a need-to-know basis. It is crucial that someone be cognizant of all operations in
a country so as to deconflict, guide, rationalize and validate them. When this
centralized oversight breaks down, there can be a needless waste of effort and, more
importantly, compromises of operational security.
There are numerous examples that have been cited of the problems that have
resulted when this principle is not understood or accepted by all parties. One US
intelligence organization approaches a foreign target not knowing he has already been
recruited by another US intelligence organization - or worse, not knowing that he has
already been identified as working for a hostile foreign intelligence service. A nonresident US intelligence operative flies into town and meets his clandestine asset in
a hotel that the COS knows to be under surveillance and audio monitoring by the host
country. A US intelligence organization expends a great deal of effort to meet and
recruit a target of apparent interest not knowing that the target's supervisor, an
individual whose access far exceeds the target's, is already a US intelligence source.
There is no shortage of such examples. There is also reason to be concerned over
some of the proposed command and control structures that had been proposed for
some of the clandestine operations of DHS. These appeared to have as their objective
the circumvention of the COS's cognizance of the details necessary to "conduct and
coordinate" liaison as outlined in DCI directives. These concerns have figured to some
degree in the development of Finding Twelve of this study, recommending, in effect,
a unified CS, jointly managing the operations of the DO and the DHS (which had itself
been created to better manage diverse military intelligence operations).
The second part of this finding also revalidates and reinforces the existing
guidelines directing that the local head of the CS, the COS, as the DCI's
representative, be responsible for the conduct and coordination of all US government
intelligence liaison activities in any way relating to espionage (that is, clandestine
collection activities) and counterespionage. The designation of a single authority for
the conduct and coordination of such activities makes sense in that it ensures
intelligence policies towards a specific country are applied uniformly and minimizes the
chance that one US intelligence channel is played off against others. It enables the
Ambassador to have a single reliable point of reference for all intelligence activities.
Additionally, it minimizes confusion on the part of the host country such as has
occurred in some countries where the sudden warming of relations resulted in a rush
of uncoordinated US initiatives to establish liaison relationships. The establishment
in 1992 of the DCI's Special Representative for Foreign Intelligence Relationships has
improved this situation, but there are still too many instances where there is less than
total adherence to the current directive.
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Finally, the CS of the future, if it is to continue as the President's main
instrument for covert action, must also be responsible for the use of information
warfare capabilities in situations other than war. Increasingly, covert action and
offensive information warfare techniques are converging. The US government may
wish in the future to employ some offensive information warfare capabilities that are
principally resident in DoD and outside the CS as part of a covert action. In such
cases, the President (through the DCI and CS) and Congress should exercise covert
action-type control and oversight of those activities. To this end, the CS must play
a more important role in influencing the development of these capabilities and ensuring
their applicability to covert action requirements. An executive order to this effect
should be promulgated and Congress advised if any legislative assistance is required.
Finding #3: Overseas Coordination of Intelligence and Law Enforcement - The
Clandestine Service Chief of Station should act as the US government's on-site focal
point for the deconfliction of all intelligence and law enforcement activities abroad
with an appeals process functioning through the Chief of Mission and/or a
Washington-based interagency mechanism. Also, without prohibiting or preempting
law enforcement liaison activities, the Clandestine Service should have the authority
to carry out liaison with any foreign intelligence and/or security entity of operational
interest or utility.
As a corollary to Finding Two, there must also be a greater degree of
coordination between law enforcement and intelligence overseas.
Clandestine
intelligence and law enforcement operations can easily run afoul of each other.10 It
is essential that there be a clearly understandable and practical mechanism to make
sure this does not happen.
Terrorism, narcotics, weapons proliferation, and international criminal activities
can be of interest to the intelligence or law enforcement communities or both. The
techniques of greatest utility overseas also overlap. The CS's two most productive
techniques - unilateral clandestine agent operations and liaison with foreign security
and intelligence services ~ are also the two that are of greatest utility to the law
enforcement community in its overseas activities. What complicates this is each
community's penchant for keeping its activities secret from the other. In the case of
the IC, it has concerns over protecting sources and methods. Those concerns are
heightened by the potential of having those sources and methods exposed if
intelligence provided to law enforcement agencies becomes subject to "discovery."
Law enforcement agencies, on their part, are anxious not to jeopardize ongoing
10
The other major issue between law enforcement and intelligence is the use of
intelligence information and capabilities for law enforcement purposes. Since this
problem extends across the intelligence spectrum (not just clandestine operations) it
has been treated in the IC21 Intelligence and Law Enforcement staff study.
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investigations and violate restrictions on sharing information on such activities as
grand jury proceedings.
In practical terms what this can lead to is the CS and law enforcement agencies
working with the same liaison services or clandestine agents (or "informants," as they
are called by law enforcement) in an uncoordinated manner and even in ignorance of
each other's activities. Most of the pitfalls of this have been outlined in Finding Two.
In the case of liaison, the lack of coordination may:
confuse the liaison service as to who speaks authoritatively on which
issues for the US government,
put the liaison service in the advantageous situation of being able to play
one US agency against the other,
allow the liaison service to "triangulate" sensitive information by
comparing the uncoordinated information it receives from several US
agencies,
result in the utilization of the liaison service by one agency in monitoring
or even foiling a clandestine operation being run by another, or
any combination of the above.
In the case of clandestine operations, there can be confusion on the part of the
agent, reporting that will lead to "false confirmations," and unwitting compromises of
security.
There currently exist a number of memoranda of understanding and informal
agreements on how to deconflict these types of activities overseas, and a more
comprehensive understanding, particularly applying to the FBI, has been under
negotiation for over a year between the DCI and the Department of Justice. The FBI's
being granted extraterritorial jurisdiction over some criminal acts outside the US in
1986 and 1988 obscured some of the demarcations between law enforcement and
intelligence overseas. The need for a firmer understanding has become more
immediate since 1994 with the FBI's increasing the number of Legal Attaches and
liaison relationships overseas and its putting out mixed signals regarding its possible
intentions to expand its running of "informants" ("agents" in intelligence parlance)
overseas without the knowledge of host governments.
Two recent studies, the report of the Commission on the Roles and Capabilities
of the US Intelligence Community (Aspin-Brown Commission) and the Council of
Foreign Relations' report of its Independent Task Force on the Future of US
Intelligence, have concluded, generally speaking, that the balance of law enforcement
activities and intelligence equities overseas has tilted too far in the favor of the
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former.11
Moreover, it takes strong exception to the expansion of FBI unilateral
clandestine operations overseas, ruling that such activities should not be allowed
except in rare circumstances where they are fully coordinated with intelligence
officials.
There is merit to the argument that national security interests must not be
sacrificed to further law enforcement objectives. We are reluctant, however, to make
any categorical statement about the universal primacy of one over the other overseas.
Circumstances will be different in different cases and good judgment will need to
prevail. No matter what the policy decision is, there needs to be a clear, well
understood, and practical system for deconfliction in the field and at the headquarters
level. For a number of reasons,12 it is most logical to have the CS COS act as the
11
First, as indicated in Finding Two, the CS, as an extension of its current role,
is already the focal point for clandestine and related liaison activities for the IC. There
is no such focal point within the law enforcement community: overseas the FBI, the
Drug Enforcement Agency, the Customs Service, and Secret Service operate
independently and do not even share a single chain of command (the first two coming
under the Department of Justice and the last two coming under the Department of the
Treasury). Having the CS act as the focal point for coordination avoids reopening
interagency rivalries for primacy within the law enforcement community. Secondly,
the scope of liaison and clandestine activities undertaken by the CS will almost always
eclipse in number and magnitude those of the law enforcement agencies overseas.
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focal point in identifying potential operational problems and conflicts in the field. In
practical terms, this means the COS must be advised in advance of all clandestine
operations and liaison initiatives in his country of responsibility. He should be
empowered to make the initial determination of how to resolve these problems, with
the understanding that his authority in no way extends to being able to direct law
enforcement investigations or prosecutions. The COS's decision should be open to
appeal to the Chief of Mission (particularly on a policy issue) or a Washington-based
interagency mechanism (particularly for operational deconfliction or tradecraft
judgments), as appropriate.
For example, the FBI may have a US citizen confidential informant who is in
contact with a foreign relative with terrorist ties and living in the Middle East. Any
effort to approach, recruit, or handle that foreign sub-source should be fully
coordinated in advance with the COS, who will be able to ascertain this activity does
not conflict with any other intelligence or law enforcement activity. Of equal
importance, the COS, being knowledgeable of the operational and counterintelligence
environment, will be able to advise and even assist the FBI to make sure the case is
handled in a way that does not endanger the security of FBI officials, the US citizen,
or the foreign national.
This system should also have built into it an understanding that the COS will
not have unauthorized access to statutory restricted information such as that coming
from grand jury deliberations or from criminal wiretaps. Additionally, COS's must be
fully trained to understand the limitations that may be placed upon their taking action
on law enforcement information that could later endanger its use in criminal
proceedings (e.g., "Brady" and "Jencks" concerns regarding discovery).
Also relevant to the interplay between law enforcement and intelligence
overseas is the question of establishing exclusive liaison relationships, that is, having
a law enforcement agency or the CS claim exclusive rights to work with a specific
foreign security service. \n most countries the distinction between intelligence and
law enforcement is not as clear as in the US; indeed, they frequently combine the two
functions in one or more security services. Accordingly, there may be compelling
reasons for the CS and one or more US law enforcement agencies to have official
liaison with the same service. Circumstances will dictate which US agency will have
the most active liaison relationship.
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Even when the overt reason for liaison is not overwhelming, it is in the US's
national interest to allow the CS to maintain liaison with a foreign security service.
The reasons are several. Law enforcement agencies deal with foreign entities
principally in direct pursuit of specific law enforcement and prosecutorial issues.
. Cooperation from foreign services can be limited on occasion by the fact that law
enforcement agencies, unlike the CS, cannot in most cases promise to handle the
information provided under the statutes of classification that are designed to protect
intelligence sources and methods. Moreover, the IC has been designed to employ
collection techniques not normally available to a legal attache or official law
enforcement agency representative overseas. The information/intelligence collection
technique most readily available to a law enforcement official overseas is asking
questions of a foreign liaison service overtly and on the record. That option is also
open to the CS, although the host country usually prefers it not be employed.
Most typically, the CS can collect intelligence from a foreign liaison counterpart
at almost any level of discretion and reasonably promise him that the DCI's unique
authorities to protect sources and methods can be applied to make sure the
information is not used in a way that can later cause trouble for the foreign country,
the foreign security service, or the liaison counterpart himself.
Should those
assurances be insufficient to get the foreign security service's cooperations, the CS
(not being restricted by law enforcement's concern for evidentiary standards) can
employ appropriate clandestine techniques. These techniques are among the most
productive available to a CS. As an example, in the recent past, the DO worked
successfully around and outside established channels in a foreign country to foil a
terrorist attack. Hundreds of lives were probably saved. In this case, an official law
enforcement to law enforcement agency relationship would probably never have led
to the unravelling of the terrorist plotting.
In light of the rapid expansion of law enforcement agencies into liaison
relationships abroad, the executive branch should promulgate an executive order to
reflect the above finding and advise the oversight committees of Congress of any need
for legislative support.
Finding #4: The Clandestine Service should service validated, high-level military
requirements and have the capability in the event of deployment of US forces to surge
to support low-level, tactical requirements as appropriate.
The risk/gain calculus and high standards used in vetting national requirements
for clandestine collection (as outlined in Finding One) should be the same for vetting
requirements in support of the military. Low-level military requirements do not usually
warrant the use of clandestine collection techniques. Generally speaking, if uncovered,
the level of political embarrassment for targeting a country's military secrets are likely
be at least as high as for targeting its political secrets, since most governments tend
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to be extraordinarily sensitive to any espionage activities directed against their
militaries.
Military clandestine collectors, not being major players in the national
intelligence arena and working mainly for their commanders in their service, have
traditionally specialized in low-level types of operations that might be of operational
utility in tactical situations. Although this was acceptable in many parts of the world
and appropriate during the Cold War, the management of DHS (into which the military
collectors have been consolidated) has made initial efforts at upgrading the quality of
military operations without abandoning a commitment to support the tactical
commander. This represented a major step forward; however, the quality of most
DHS assets still appears to fall well below the appropriate threshold. This appears to
result, at least in part, from an as yet incomplete understanding or acceptance within
the DoD of the limitations and strengths of clandestine operations in supporting the
military.
This leads to the question of how clandestine operations can satisfy the tactical
needs of the commander in a deployment in a hostile environment. The proper
answer, although it would probably be unsatisfying to most commanders, is that
clandestine operations will in many cases be of marginal value and may be
inappropriate. Clandestine HUMINT-type operations are usually poor at providing
immediate, on-the-ground support, that is, telling a commander what he most wants
to know: what is going on over the next sand dune or has a SCUD just been
launched?
Military commanders must be better educated on what clandestine operators
can and cannot realistically do for them. This will result in the better utilization of the
intelligence product and wiser management of clandestine military resources. It will
also mean the CS can then justifiably be held accountable for providing appropriate
support to the military. For example, the CS should be able to provide the military
with across-the-board support for strategic military planning against validated targets.
Depending upon the adversary, its priority, and the lead time given, a successful CS
should be able to provide order of battle; foreign military doctrine; readiness, industrial
capacity, and logistics information; and information on the personalities at play.
The major contributions of the CS to a commander's ability to fight will have
taken place months if not years prior to the firing of the first weapon. As it has over
the last several decades, the CS must continue to collect technical data (e.g., manuals
and research and development documentation) and exemplars of the high tech
weapons and defensive systems the military will face in war. These collection
activities usually take place years in advance and far away from the battlefield, but
they are the crucial starting points from which are designed smart weapons and the
highly sophisticated defensive and offensive weapons, such as those that were used
to such great effect against Iraq's Soviet equipment during the Gulf War. Many, if not
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all, of those weapons could not have been deployed with such confidence had the
enemy weapons systems not been so well understood. Additionally, a military
commander is justified in expecting a successful CS to have, if necessary, played a
role in compromising the telecommunications and cryptographic capabilities of any
potential enemy that is a validated collection target.
Having noted the limitations of clandestine operations in a battlefield situation,
we note the irony that in several of the US military's most recent deployments,
clandestine HUMINT-type operations provided much of the best intelligence available
to the military. This was not so much due to the capabilities of clandestine collectors
as it was a function of the limitations of technical collection systems in environments
largely devoid of signals to collect and tanks and military vehicles to photograph.
In a low-tech military operations, clandestine HUMINT can, by default, become
the most important intelligence type and for that reason it must be positioned to help
the commander and protect troops. It is partially in recognition of this fact and of the
difficulties in surging clandestine capabilities from zero, that we have concluded in
Finding Five that the CS should opt for a global presence rather than a global reach.
That is to say, the CS should maintain a small presence in most parts of the world,
even when those countries do not meet the high standards of operational interests
that should guide most of its activities. It is entirely too likely that the hot-spots into
which US forces must be introduced will not have been predicted and will be in a
country or region that would not otherwise have merited the CS's attention.
Finding #5: The Clandestine Service should opt for "global presence" rather than
"global reach."
A solution to the great pressures the DO has felt since 1991 with the
drawdown of resources and personnel was to move from being a service with a
"global presence," that is, having a station in every country that could reasonably be
of interest, to having a "global reach," that is, withdrawing from many marginal
countries, but trying to maintain some sort of access and capability that can be,
presumably, reconstituted and expanded if needed. Plans were made and, as has
already been stated, large numbers of stations and bases have been closed since
1992. Many intelligence observers, including this Committee, thought this was a
reasonable adjustment to a situation where resources in real dollars were likely to
continue to decline at a steep rate for the foreseeable future. In the last year there
has been a retreat in some quarters from this pessimistic resource projection; but,
more importantly, many have re-thought the implications and practicality of a global
reach strategy.
After much deliberation and consultation with expert practitioners of clandestine
operations and intelligence managers, we believe the CS of the future must strive for
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a global presence. At the least, it ought not to reduce the number of its overseas
stations and bases below current levels. Two arguments are particularly strong.
First, a global presence is essential to support military requirements. Although
this study strongly concludes that the CS should concentrate on the hard targets and
the highest level national requirements that it uniquely satisfies, it also believes the CS
of the future must accept fully the responsibility to support military operations to the
degree it reasonably can. As is argued in Finding Four, the CS must accept its
responsibility to support the requirements of the military not only for strategic
intelligence -something in which it can excel -- but also for appropriate tactical
intelligence support in times and places of military engagement -- a responsibility that
often falls to it only by default. Recent history has shown that it is increasingly
difficult to know in advance where the military might be deployed and where the CS
should begin building up capabilities in advance.
A second argument for a global presence is that the targets of the CS are
increasingly international and transnational and a global presence is increasingly crucial
to attack those targets. Terrorism, the proliferation of weapons of mass destruction,
narcotics, and international organized crime are all recognized in a variety of NSC and
Presidential directives as high priority requirements of the intelligence community.
These are also issues on which the National Strategic Intelligence Reviews and the
Comprehensive Capabilities Review have shown the policymaker is heavily reliant on
HUMINT. The National HUMINT Requirements Tasking Center has, it appears
correctly, given detailed and high-priority taskings to clandestine operators around the
world to go against these targets. With the mobility of populations, fungibility of
finances, internationalization of businesses, and advances in communications and
transportation, the whole world is increasingly the playground of the targets of such
operations. A weapons proliferator can set up a front company in a sleepy Central
Africa capital and a terrorist cell can relocate to an obscure provincial city in South
America in a matter of days or weeks. It is only by having a presence in those
countries that a CS can have a stable of agents to help mount unilateral operations or
be able to seek the help of a friendly liaison service. Under these circumstances, the
CS cannot simply write off large parts of the globe.
Finding #6: The Clandestine Service should be under the direct control of the DCI and
form a separate organization.
It is the opinion of the great majority of high-level current and former
intelligence officials consulted that the Clandestine Service, whether it remains part
of the Central Intelligence Agency or becomes a free-standing organization, must be
under the direct and proximate control of the President's senior intelligence official,
the DCI. We strongly concur.
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In the first several decades of the CIA's history it was not unusual for the DCI
or the Deputy Director of Central Intelligence (DDCI) to come from within the
operational ranks. That not only resulted in the DCI's being strongly interested in the
DO's activities, it also meant he had continuing personal insight into the DO through
his personal contacts. This situation has not been the case for almost two decades,
and, due to the controversy of the DO, it is unlikely to be the case again in the near
future. Until recent years, though, the DCI made sure that the DDO was aware that
he reported directly to him and usually viewed oversight of the DDO as being his most
important responsibility along with being the President's personal intelligence advisor.
It has also been one of the DCI's most demanding responsibilities. As Richard Kerr
has noted from his time leading the IC and as DDCI, easily two-thirds of the issues the
DCI must bring to the President and Congress have a DO angle to them. This, he
says, is because of the types of information the DO collects, the problems inherent in
DO operations, and the fact that the DO is the sole action arm in the Community -"the DCI and the President depend on it not only to collect intelligence but to act on
it with foreign governments, with liaison, and in other ways." The DDO's office was
moved next to the DCI's in 1973 because of the need for easier interaction and more
frequent personal meetings; and, as one former DDO has pointed out, it was not by
accident that the DDO's office suite has since remained there - "within shouting
distance."
In recent years, however, the DCI has attempted to concentrate more on his
role as leader of the IC rather than as the director of the CIA and overseer of the DO.
Some have been more successful at this than others. Former Director James
Woolsey, for example, started in this vein before being sucked into the Aldrich Ames
vortex. The effort to increase management attention to the IC at large has inevitably
led to strains on the DCI's time and to span of control problems because of the
significant increase in the number of intelligence community officials reporting to him.
Recent DCIs have stated that these strains are manageable by proper delegation to
subordinates. The current DCI, in particular, has increased his reliance on the DDCI
and the CIA's Executive Director to filter and oversee the activities of the DO. The
current DCI has indicated that, rather than directly supervising the DDO, he looks to
the Executive Director to be his "chief operating officer," including the day-to-day
management of the DO. Additionally, he has stated that his DDCI is also responsible
for overseeing the DO. As described to one journalist, the DDCI "has taken the overall
supervisory role in directorate affairs, while day-to-day responsibility for decisions on
personnel, operations and other issues goes to [the Executive Director]."13 It is not
clear, under this system, what the responsibilities are of the current DDO.
Interestingly, none of the three - the DDCI, the Executive Director, and the DDO have experience in clandestine operations.
13
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Although the IC21 studies recognize and, indeed, encourage the expansion of
the DCI's Community role, it makes little sense to do that by attenuating the DCI's
supervision and knowledge of the activities of a CS. Moreover, as would be the case
in the military, it makes even less sense to create duplicative or even a triply
redundant operational management of a CS -- particularly to the degree this process
inserts inexpert judgment.
The following are a few of the arguments for the most direct and proximate DCI
control possible.
1) Most of the operations of the CS are, by all accounts, the most tricky,
politically sensitive, and troublesome of those in the IC and frequently require the
DCI's close personal attention. The CS is the only part of the IC, indeed of the
government, where hundreds of employees on a daily basis are directed to break
extremely serious laws in counties around the world in the face of frequently
sophisticated efforts by foreign governments to catch them. A safe estimate is that
several hundred times every day (easily 100,000 times a year) DO officers engage in
highly illegal activities (according to foreign law) that not only risk political
embarrassment to the US but also endanger the freedom if not lives of the
participating foreign nationals and, more than occasionally, of the clandestine officer
himself. In other words, a typical 28 year old, GS-11 case officer has numerous
opportunities every week, by poor tradecraft or inattention, to embarrass his country
and President and to get agents imprisoned or executed. Considering these facts and
recent history, which has shown that the DCI, whether he wants to or not, is held
accountable for overseeing the CS, the DCI must work closely with the Director of the
CS and hold him fully and directly responsible to him.
2) For the President and the DCI to feel confident that the benefits of having
a functioning CS outweigh the risks, they must feel confident that the reporting chain
is direct and personally accountable to them. Without this confidence, the CS will not
be trusted and it will inevitably come under an inexpert, risk-averse bureaucratic
review process, with each layer comfortable with rejecting and questioning operational
opportunities but reluctant to approve them without going to the DCI anyway. The
creation of a doubly or triply redundant superstructure of non-expert operational
management between the Director of the CS and the DCI makes sense only if an
Administration's objective is to eliminate risk even if the cost is having a CS that has
little if any chance of succeeding in its most important missions. If this is the case,
the IC and the taxpayer would be better off without a CS.
3) Many of the best clandestine operations develop quickly and require an
oversight and approval process that, for the government, is uniquely adaptable and
timely.
The DCI's authorities have been crafted so that he can meet these
requirements. Bureaucratic layers between the DCI and the Director of the CS are
impediments to decisiveness and effective communication, particularly to the degree
206
that they involve the review of administrators who are not expert in understanding the
opportunities and pitfalls of clandestine operations.
4) The CS is the focal point for the conduct of most US intelligence liaison
activities overseas (see Finding Two) and is the arm of the government principally
tasked to carry out covert actions - that is those covert activities undertaken at the
President's request in furtherance of US foreign policy. In effect, the CS, under the
direction of the DCI, acts as a de facto clandestine or covert arm of US foreign policy.
This is hardly an overstatement in several important countries where the political
leaderships have chosen, for a variety of reasons, to carry out their more sensitive
political discussions with the US President through intelligence rather than Department
of State channels. Covert action and foreign political functions are activities very
different from intelligence collection, and it makes little sense to have the IC
management superstructure in the chain of command for the DCI's management of
these policy related activities. Simply put, the DCI must be fully cognizant and directly
in control of these activities through the individual responsible for their beinq carried
out -- the Director of the CS.
5) As documented elsewhere in this report, the CS, despite its relatively small
size in the IC, provides a disproportionate amount of intelligence of critical value to
meeting national level intelligence requirements (that is those of greatest interest to
the President and the NSC). When it performs well, the CS is particularly important
as a source of highly sensitive information on the plans and intentions of foreiqn
powers. In some ways the CS's importance to the policymaker is analogous to the
importance of SIGINT and, most particularly, IMINT, in supporting the tactical military
intelligence consumer. The placement of the CS in the IC should maximize the DCI's
ability to exploit and task the clandestine system directly.14
6) Finally, organizational common sense dictates that if there is to be anyone
responsible to the DCI for the proper administration of the CS, it should be the
individual who is realistically responsible for its actions: the Director of the CS If
properly chosen and trusted by the DCI, the Director of the CS can do this job better
than anyone else. If a DCI finds himself in the position of preferring to have someone
other than his Director of the CS oversee the CS, he should replace the incumbent
with the preferred individual, rather than create another layer of oversight by putting
him above the incumbent.
Having made these arguments, there is, nonetheless, a very real requirement
for an Executive Director with the authorities to manage and deconflict administrative
14
Note, however, that for most tasking and requirements the CS should be
dependent upon a Community-wide collection management mechanism that factors
in the capabilities, costs, and relative merits of all collection techniques.
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problems and act as an honest broker in resolving differences so long as the very
different activities of the DO, Directorate of Intelligence (Dl), Directorate of Science
and Technology (DS&T) are housed together in the CIA. We have grave concerns,
however, about the propriety of having the Executive Director perform the role as
defined by the current DCI, that is, as the "chief operating officer" of the CIA. These
concerns go beyond the issue of properly managing clandestine operations: it appears
extraordinarily unwise to put one non-confirmed official in the position of managing
clandestine intelligence collection, directing covert action programs, and supervising
and influencing the production of the nation's most important all-source analytic
organization. There should not be a concentration of these authorities in the hands
of someone other than the DCI or a confirmed subordinate, particularly when there is
no assurance that the person is a qualified intelligence professional.
Former Acting DCI, Richard Kerr, a career Dl officer, proposed to the Committee
that, if the current CIA and IC structure are maintained, it would make sense to have
a career CS officer as the Senate-confirmed DDCI who is putting in charge of the dayto-day management of the CIA. At the least, such an arrangement would likely
provide more professional oversight of clandestine operations and provide more
accountability than the current confusing situation. It is less certain that this would
benefit the CIA's other functions.
It is, of course, our belief that rather than modifying the status quo, there are
real advantages for the proper management of clandestine operations (and all-source
analysis) in organizationally separating the two. The current situation has resulted
from the historic administrative expediency that the CIA statutorily is the only agency
into which the DCI could put activities he wanted to control. There was no other
managerial logic behind it, and, indeed, until recently, great care was taken to keep
these two activities separate. Although there are strong arguments supporting an
increase in cooperation between operations and analysis, such as currently advancing
in the CIA under the banner of "DO-DI Partnership" (see Finding Eight), there is no
reason the two activities must exist as elements of the same IC entity.
The creation of a unified CS, built around what is currently the DO, significantly
revamped along the lines presented in this report, and under a Director fully and
directly responsible to the DCI, would be in consonance with the arguments in this
finding. It would also facilitate the proposal to strengthen the CIA's role, under the
leadership of one of two DDCIs, as being first and foremost the nation's and
President's premier all-source analytic organization (see Intelligence Community
Management staff study).
Finding #7: The Clandestine Service (CS) should be led by career CS officers.
It makes little sense to put non-specialists in positions where the main job
element is the provision of wise, expert operational direction and oversight. This is
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true in choosing a general, the head of a team of surgeons, or the leader of a large
legal defense team. It is also true in selecting the leadership of a CS.
As pointed out in Finding One, the most difficult operational decisions of the CS
must be reviewed (and often made) by the CS leadership. This requires expert
knowledge of a widely diverse set of skills and techniques unique to the CS.
Additionally, managing a CS means managing a higher level of risk on a daily basis
than any other job in the government. An unquestionable expertise in the business
is necessary to avoid the managerial extremes of risk-avoidance and risk-blindness, the
one hobbling the CS from taking those risks most important to its success, the other
leading to mindless operational errors.
The current DO, for example, engages in several hundred clandestine
operational acts per day - ranging from meeting penetrations of governments to
servicing clandestine technical intelligence sites. Most of these acts, if discovered,
would, at the very least, involve major embarrassment to the United States. A
properly run CS has to have built into it the flexibility to allow case officers to make
split second decisions, but it must also, when possible, look over their shoulders,
making sure they exercise proper judgment. This leads to a steeply pyramidical
organizational structure. In the field, this means that operations are reviewed by one
or two layers of management, and the headquarters review process may also involve
several layers and offices.
The most sensitive operations may have to be reviewed all the way up the chain
of command by the Director of the CS and even the DCI.
A typical operational
problem of this sort would be deciding whether a case officer should unload a dead
drop from a extraordinarily promising but unvetted agent in a hostile country a week
prior to a high-level bilateral diplomatic event. Such a problem might also involve highlevel consultation outside the CS (such.as with appropriate authorities in the NSC or
the Department of State). First, though, it requires proper operational evaluation in
the form of an operational risk/gain analysis.
This requires a sophisticated
understanding and appreciation of many operational factors and the tradecraft to be
employed: surveillance, countersurveillance, operational testing, concealed radio
communications, covers for status and action, host country counterintelligence
capabilities, US operational history in the country, and a frank assessment of the
operational experience of the CS officers and managers involved. Even then, making
such a decision is not mechanical, a simple matter of plugging in percentages. As in
playing chess or in plotting a move on a battlefield, there are too many variables, and
at some point the manager must also apply the intuition and judgment that comes only
from having spent years working similar problems. If the leadership of the CS is not
the absolutely best available - the wisest and most experienced - risks are needlessly
increased, opportunities are missed, and the US is not well served.
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This finding, that the CS should be led by career CS officers is not the same as
advocating that its whole leadership and management team should arise sui generis.
In addition to managing operations, the director of the CS must also manage an
organization. It is in this regard that the current DO has not always distinguished
itself. There is a role for consultants in improving this situation and in making sure
that the CS benefits from good managerial practices that are developed elsewhere.
The long-term solution also involves changes to the CS personnel system, particularly
as it works to develop officers who show potential for leadership. These officers
should be targeted for advanced management training (assuming they do not already
have significant backgrounds in the area) such as in graduate programs, and should
be required to serve rotational tours outside the CS prior to advancement into the
senior executive service.
Also, it is not impossible that there may be an extraordinary occasion when an
individual, having developed extremely useful talents working in another intelligence
or national security field, may be the best candidate to serve in a management position
in the CS, perhaps even as its Director. In such a case, however, it would be
essential that the Director of the CS assemble around him a management team on
which he can rely for operational advice.
Finally, as a practical matter, recent history has shown that DDOs (and even
DCIs) are being held responsible for operational decisions that are made during their
tenures -- even at levels far below them. While this tendency may now be extreme,
there is no denying, as has been strenuously argued in the Finding Six, that the
country and the DCI will be best served by having a Director of the CS who can
reasonably be held responsible (and accountable) for the CS's activities.
Finding #8: The Clandestine Service should be closely linked to all-source analysts on
a selective basis.
The proposal to separate the CS administratively and organizationally from the
DCI's all-source analytic organization is not meant to attenuate the close working
relationships ("partnership") that have grown up between these two functions. An
increasingly close working relationship between the clandestine collectors and allsource analysts can, in the coming years, result in significant improvements to the
value of CS reporting and all-source analytic production, but only if it is carefully and
thoughtfully implemented in those areas where the expertise of the relevant collection
and analytic components are complementary and lead to unquestioned mutual benefit.
At least from the perspective of the CS, the problems of a careful, limited partnership
210
should be manageable and are far outweighed by the advantages, not the least of
which is the improvement of two-way communications for tasking and reporting.15
The 1994 announcement of partnership between the DO and Dl was met with
skepticism by many current and former employees of both directorates. Part of the
opposition was attributable to the feeling on the part of many that too many other
changes were already underway at the CIA. Another major reason was that the
partnership went against a tradition of separation that, though weaker than it had
been, continues. In the early years of the CIA, the division between the two functions
was so sharp that one directorate's employees were not free to visit areas belonging
to the other without escort. The division became somewhat less severe in the 1970s
and more so in the 1980s with a program bringing Dl analysts into some embassies
and stations. At the headquarters level, it was the hard-fought success of the newly
formed centers, particularly the Counterterrorism Center, that most accelerated the
interaction of DO and Dl personnel.16 In the DO, the value of Dl analysts in targeting17
reinforced the trend: for example, Office of Weapons Technology and Proliferation
personnel are integral to DO offices working proliferation issues, and Dl economists
sit side-by-side with DO officers to fine-tune the targeting and exploitation of foreign
economic targets.
These are examples of partnership that should be replicated discretely, on a
case-by-case basis where and as it makes sense. It seems likely that the area and
issue expertise of all-source analysts will be of greatest benefit to the CS in its efforts
to develop hard target operations and work against arcane technological and economic
targets.
15
For the CS, the only significant problem could be the unnecessary compromise
of the principle of "need to know," that is, compartmentation of sources and methods.
This would appear to be manageable if the partnership is done on a case-by-case
basis. The most frequently cited problem with partnership for the analysts is in
maintaining the objectivity of analysis. That is an issue beyond the purview of this
study, but, again, with vigilance and attention, it would appear to be manageable.
16
See the IC21 study on Intelligence Centers for more on the benefits (and
problems) involved in the development and operation of organizations merging
analytic, collection, and (in many cases) policy and covert action functions.
17
211
The arguments for partnership also justify closer interactions between all-source
analysts and the technical collection disciplines. Nonetheless, the data (such as in the
Background section of this study), showing the key role clandestine collection plays
in satisfying the national level requirements that are the Dl's principal focus, indicate
the Dl would benefit most from closer cooperation with the clandestine service. In
this regard, the partnership is analogous to the closeness that has developed between
SIGINT producers (via Cryptologic Support Groups) and tactical military analysts due
to SIGINT's frequently predominant role in providing tactical military intelligence.
Finding #9: The Clandestine Service should manage the support mechanisms that are
critical to its functioning and essential to its success and that exist exclusively to
serve it.
As one former clandestine operations manager has suggested, no corporate
CEO would agree to be responsible for the success or failure of his company without
full control over his company's finances, travel, communications, logistics, physical
plant, security, payroll and many personnel functions. Yet, that is basically the
situation that exists now with the DO since the Directorate of Administration (DA) is
responsible for much of the DO's administrative support and the Office of Technical
Services (OTS) of the DS&T provides technical support to clandestine operations.
The CS needs, to the degree possible, to manage the administrative and
technical clandestine operations support mechanisms that are critical to its smooth
functioning, essential to its success, and exist exclusively to serve it.18 In addition to
making these functions more responsive to the mission, their merger in the CS may
allow the service to take advantage of the increasing commonality of skills required
of categories of personnel that are now spread between three different directorates -case officers specializing in technical operations, technical operations support officers,
and communications/computer systems support officers.
If the CS does assume responsibility for its technical operations support and
large parts of its administrative support, it is reasonable to expect that the number of
people in these activities could make up somewhere between twenty five and thirtyfive percent of the service. To house, manage, and offer career development to these
personnel, there would have to be a strengthened deputy to the Director of the CS
responsible for all elements of support.
18
Obviously, there are some administrative functions that cannot be carried out
efficiently within an organization as small as the clandestine service and for which
economies and efficiencies of scale can be found by keeping them part of the CIA or
in the Infrastructure Support Office (see Intelligence Community Management staff
study).
212
Finally, in regard to our proposal in Finding One that the CS should be kept
small, the incorporation of appropriate support activities within the CS should not be
considered a net augmentation of its personnel, since this change simply rationalizes
the location of functions and offices that are currently outside the DO but which exist
to support it.
Finding #10: The Clandestine Service requires significant changes to its personnel
management and career development systems.
The outrage - public and within the CIA -- surrounding the exposure of Aldrich
Ames as a Soviet and later Russian spy who had managed to compromise many of the
CIA's greatest and most carefully guarded secrets, was magnified by his having been
a marginal and occasionally a problem employee whom the system had failed to
remove prior to his committing acts of treachery. The Ames case, rightly or wrongly,
has been the backdrop against which subsequent allegations of DO mismanagement
have been viewed. Calls for radical change have come from many quarters, not the
least being from the current leadership of the CIA and from former DCI Woolsey.
Most of the changes that have been made to date have involved efforts to
reform defective systemic or process problems. There have been so many changes
in the complementary areas of personnel management, accountability, personnel
security, and counterespionage that it would take several pages to list them. Their
number and the rapidity with which they have been promulgated has stretched the
ability of the DO to incorporate them and make them part of the fabric of the CS. No
doubt, some will turn out to be more successful than others, and it may be that some
of them will result in unforeseen problems of their own. In this regard, those seeking
to change the DO must be cautious not to damage those features of the "culture" that
are not only good but essential to any successful CS. Sociological studies have amply
proved that, just as in attempting to "improve" an ecosystem, efforts to improve or
reform seemingly discrete aspects of a culture will frequently have unforeseen and
unintended consequences.
For these reasons we are reluctant to recommend any but the most necessary
additional changes prior to giving those already decided upon a chance to show their
effect and be evaluated. There is also the knowledge that change always causes
stress -- even when the intentions are welcomed -- particularly on an organization that,
to succeed, is so totally dependent upon employee job satisfaction, motivation, and
esprit de corps. Nonetheless, there remain to be made several overwhelmingly logical
changes to the personnel management and career development system. Each appears
to have tremendous potential to improve the CS in the long-term without running
much danger of disabling the positive aspects of a successful CS "culture." Moreover,
most of these proposals can be implemented incrementally and carefully monitored as
they are put into effect.
213
1)
increase the exposure of its officers to the rest of the IC, the intelligence
consumers, and Congress;
2)
3)
4)
5)
The arguments
incontrovertible.
in
support of these
proposals
are,
we
believe,
clear
and
214
protected; however, it should not present insurmountable problems for most mid-level
officers whose cover may have already been compromised to some degree.
The process for recruiting young, full-career employees ("career trainees" as
they are called in the CIA) is in drastic need of change. In the past, the DO operated
in a buyer's market when recruiting new employees. It had the luxury of being able
to pick and choose among literally thousands of applicants, many with impressive
qualifications, for each position it had to fill. As a result, its new recruits were usually
well-educated, highly motivated, and highly qualified for the work. This situation has
changed dramatically for the worse over the last two years since the Ames case.
Despite the DO being significantly under its authorized personnel ceiling, it is having
tremendous problems recruiting qualified new employees, although the number of
applicants remains high. The current climate of public opinion being what it is, it
appears unlikely that this situation will improve on its own in the next several years.
This is a problem that will have disastrous effects on the CS of the future and requires
immediate action.
The DCI and the DDO should prepare for Congressional
consideration a program of more aggressive and enhanced recruitment.of career
trainees. The DCI should consider reopening regional recruitment offices that were
closed in the early 1990's, establishing a program of incentives for highly qualified
recruits, and putting the recruitment process under the direct leadership of a highly
qualified senior executive.
Identifying and training managers: The existing personnel evaluation system in
the DO is arguably the best in the IC if not the government. To our knowledge, no
other element of the government annually has every employee's personnel record and
evaluations reviewed cover-to-cover, annotated by all members of a panel of more
senior employees, and then serially rated in comparison with all peers. Moreover, the
DO, like the rest of the CIA, is excellent in training its personnel in specific skills and
subjects, as, for example, in languages or tradecraft skills. Yet, neither the personnel
system nor training form part of a coherent program of career development for
managers.
Although it is extremely likely that a good manager of clandestine operations
will have started out as a good clandestine operator, it does not follow that all good
clandestine operators make good managers. It is a universal observation of the
experts consulted that the DO does an outstanding job of evaluating and promoting
individuals who are good at what they do, but that it does not have a good system to
ensure they will be good at what they will be asked to do next. To remedy this, the
personnel evaluation system should be modified to identify and train (if necessary)
mid-level officers entering the management ranks in the management skills necessary
for them to manage well through the rest of their careers. This should include
enhanced in-house training as well as a program of external training, as necessary.
The CS should also revisit the possibility of setting up a non-managerial "operations
track" program whereby the truly exceptional clandestine operator who cannot be or
215
is not interested in managing may serve out his career profitably in senior operations
positions. At the very least, such a system saves the CS from having some of its
management positions filled with individuals who are there for the money and
recognition rather than because of their commitment and interest in the job.
Slow down the turnover of personnel: In the heyday of the 1980's when
personnel resources were not under strain, the DO was able to operate under a system
where there was rapid turnover of personnel at headquarters and in the field. In an
organization that is smaller and more focused on fewer but better operations,
continuity in'leadership and operations will be increasingly important as well as
efficient. To the degree that cover considerations allow, field tours should be
lengthened. Headquarters assignments also should be made with an understanding
that they will be filled for a minimum of two years at the desk and branch level and
for three years at the division level, unless extraordinary circumstances demand
otherwise. The current situation of most desk and branch chiefs serving a year or less
while processing for field assignments or waiting- for other assignments is
counterproductive and feeds the perception of the field that it has no dedicated and
informed personal support from headquarters. Managers at the office and division
level will also manage better if they know that they will have to live with the
consequences of their decisions. Making changes of this sort will fly in the face of
the deeply ingrained attitude inside the DO that the field is fun and career-enhancing,
while headquarters is stultifying and "dead-time." This is one of those areas of
"culture" that can be changed only at great risk, since it is essential that a CS have
the field as its unquestioned focus and principal interest. The CS of the future should
consider, however, a system giving some sort of temporary monetary incentives (as
opposed to enhanced promotion rates) to officers distinguishing themselves at
headquarters, particularly if done over a two-year minimum.
Finally, the CS must make fuller use of DCI authorities and, if necessary,
request new ones to enhance its ability to remove marginal and unsuitable employees.
Quite simply, the stakes are too high not to do this. The CS must not only have the
best system for recruiting employees, it must have the best system for removing those
whom it no longer needs or wants. The current system in the DO is the most
aggressive in the civilian sector of government -- actually removing a handful of
employees each year; however, as the Aldrich Ames case proved, it is not vigorous
enough. Moreover, there is a consensus of opinion of those consulted that marginal
employees have a particularly demoralizing effect in a CS that is so greatly dependent
upon its employees' having an attitude of absolute commitment to mission. Since the
current DO has an effective employee evaluation system allowing it to identify
marginal performers and there has been a significant increase in attention to
identifying unsuitable employees, the CS should develop a program that allows it to
act more systematically to remove marginal and unsuitable employees. Considering
the net advantage to the CS's operations from the departure of such employees and
the danger posed by their being forced out without pensions or other compensation,
216
the Committee should consider supporting the establishment of a program similar to
the military's "selective early retirement boards" whereby a employee can be selected
out and provided a package of financial benefits facilitating the transition.
Finding #11: To facilitate the highest possible standards of professional conduct, the
Clandestine Service requires a system of independent and professionally competent
review and adjudication regarding questions of professional judgment.
In the wake of the Ames case there has been a proliferation of systems meant
to ensure the accountability of DO personnel for their professional judgments. These
can involve internal DO accountability boards, CIA-wide review boards,
counterintelligence reviews, and the Inspector General (IG). The processes are
frequently redundant in their charters, inconsistent in the qualifications of their
participants, and take upwards of a year to reach their conclusions. In an organization
that demands its officers take risks, involves the use of highly specialized skills, and
by definition will have numerous false starts and failures for each major success, it is
essential to have a single independent, authoritative, professionally competent, and
timely system of reviewing questions of professional judgment. None of the current
systems meets all these criteria.
Questions of professional judgment in the military, such as accidental killings
by friendly fire, running a ship aground, or crashing an airplane are examined by a
board of review consisting of military officers who are technically knowledgeable and
professionally experienced in the activity under review. Similarly, professional
organizations exist to police the activities of various highly specialized and recognized
professions, such as bar associations and medical boards. In all these cases, it is the
rationale that the members of such boards have a strong interest in maintaining high
professional standards and, as experts, are qualified to sit in judgment. There should
be an analogous process for reviewing the professional competence and judgments
of individuals in the clandestine service, excluding those issues involving possible
fraud or criminal behavior that must be left to the IG. At a senior level, this process
would, for example, be used to review operational decisions such as those leading to
the compromise of an intelligence source due to improper handling, a COS's improper
supervision of a first tour officer who as a result commits preventable tradecraft
errors, or a manager who has improperly disseminated intelligence or operational
information. At lower levels, it can involve any number of issues, such as the review
of professionalism of employees who are chronically late, sloppy in their work, or
dishonest in their dealings with their counterparts.
We envision a CS Professional Review Board (PRB) system and offer the
following as a possible outline of its organization. To facilitate expertness while
minimizing the likelihood of its being subject to inappropriate influence, there should
be at the top of the system a Senior PRB, directed by a retired senior CS officer
(civilian or military) or one serving in his last active duty assignment. Other members
217
of the Senior SRB should be current and/or recently retired senior CS officers having
the requisite professional knowledge and experience to judge CS seniors expertly. All
members of the Senior SRB including its director should be nominated by the Director
of the CS and approved by the DCI. The Senior PRB will be responsible for reviewing
all questions of professional judgment and competence involving senior CS officers
and will, in any specific case, include only those members having no personal interest
or prejudice concerning the matter or individual in question.19
The Senior PRB should also oversee the activities of PRBs reviewing activities
at lower levels'in the CS. These could be similar to the newly created DO Divisional
Accountability Boards with the limitation that their purview should extend only to
those cases not involving senior CS officers. A member of the Senior SRB should be
an ex officio member of all PRB reviews, and the Senior PRB should be authorized to
examine all PRB decisions for fairness, accuracy, and completeness. The Senior and
divisional PRBs should be given unimpeded and complete access to all information
necessary to carry out their duties. The process should be transparent to the IG, and
their findings should be shared with the IG to ensure he is aware of any information
developed that might bring the issue at hand under the IG's purview.20 PRBs should
also have at their disposal the investigative resources of the DCI's Counterintelligence
Center,21 where the Senior PRB should also be housed with a minimal full-time
administrative staff.
FINDING #12: Clandestine Operations and the Military: Civilian and military
clandestine collection operations should be jointly managed within a unified
Clandestine Service under the policy and operational guidance of the DCI and with an
active duty two-star military intelligence officer as a Deputy Director of the
Clandestine Service responsible for ensuring appropriate support to the military. Key
to the success of the joint service will be the development within the military of a
clandestine collection cadre that can function within the unified clandestine service at
the same professional level as the civilian cadre.
19
The IC21 Intelligence Centers staff study, proposes that this Center remain
within the CS performing the same functions it does at present.
218
Background and Overview
Although the CS's strengths are predominantly in the area of fulfilling national
level collection requirements, we strongly believes the CS must have support to the
military as one of its key roles. Clandestine capabilities in support of the military are
currently disjointed, poorly managed, and even dysfunctional. The "Aspin-Brown"
Commission, citing criticisms of the military's poor management and minimal success
in running clandestine operations, has recommended that DoD should get out of the
business of clandestinely recruiting human sources and that it should become the
exclusive province of the CIA, "utilizing military personnel on detail from DoD, as
necessary."
We concur with this judgment, placing all clandestine collection
capabilities in the CS, but prefer a more active role for the military personnel assigned
to the CS than the Commission language implies.
The military services' record of running clandestine operations has been
mediocre. The newly created Defense HUMINT Service (DHS) into which the
individual services' clandestine operations have been consolidated, has remedied some
problems but exacerbated others. Specifically, the creation of DHS has alienated what
little support there was for clandestine operations in the services and with the CINCs
while, at the same time, bringing these operations more closely under the inexpert and
cumbersome oversight processes of the Office of the Secretary of Defense (OSD).
The situation at the CIA also is of concern. The ClA/DO's commitment to
support the military has been inconsistent since the end of the Vietnam War. The
improvements made in the wake of the Gulf War, although positive, are not deeply
rooted, and the DO has been reluctant to make further commitments to provide direct
support to the military since that might put it in bureaucratic conflict or competition
with DHS. At the same time the DDO, as the National HUMINT Collection Manager,
has not provided DHS with the strong operational guidance it needs to develop a
coherent long-term strategy for deployment of its operational resources. In short,
radical changes are required for the CS of the future if it is ever adequately to meet
the challenge of supporting the military.
To facilitate IC21 examination of this issue, the Committee requested, in the
classified annex to the FY 1996 authorization, that the DDO (in his role as HUMINT
collection manager), form a joint task force of high-level clandestine operations officers
from the DO and DHS to look into the issue of improving and integrating the two
services' support to the military. That report, dated November 13, 1995 and attached
as an appendix to the classified version of this study, gives an excellent analysis of
many of the current structural and managerial problems and provides some proposed
solutions. We are, in general, strongly supportive of the task force's findings and
believe that, if fully adopted, they would result in numerous incremental improvements
that would, in aggregate, significantly improve some aspects of the existing situation.
Yet, the changes it proposes leave fundamental problems untouched, probably as
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being politically and organizationally "too hard." It is in no way a criticism of the
study to acknowledge that it had to restrict its suggestions to those that would not
challenge the charters of the DO and DHS, the cumbersome military personnel system,
or OSD prerogatives in overseeing one of its own agency's activities. However, in
the context of the IC21 study's look to the future, we are not bound by these
restrictions; indeed, its purpose is to look beyond the current realities and address
fundamental problems that go to the very core questions of organization, roles, and
missions. The potential gain from rethinking the whole organization of clandestine
collection for the military warrants the difficulties of taking on existing parochialisms
and mindsets.
We strongly believe there must be a single US CS into which are integrated
civilian and military clandestine collection. As discussed in Finding Six, this new
organization, the CS, should exist as a discrete entity in the IC and come under the
DCI's direct control. It will devote the great majority of its resources towards the
national collection requirements that clandestine operations are uniquely suited to
satisfy. It would also, however, have folded into it a permanent requirement to be
more responsive to the military in the formulation of national clandestine collection
plans and ensure greater support to the military commander as needed when US
forces are deployed overseas. Its military cadre should be of a size necessary to meet
the requirement for clandestine collectors with the cover and expertise of active duty
military personnel -- perhaps ten to twenty percent.
The creation of this new joint organization would involve tremendous changes
and may meet strong institutional resistance, particularly within the Department of
Defense. If successfully implemented, however, it would result in the rationalization
and enhanced management of all national clandestine collection resources, tremendous
synergy from the melding of talents and varieties of access, economies of scale, and
greatly improved collection for all consumers -- national and tactical military.
In the following, we will discuss some of the critical issues that must be
addressed to bring the military into a joint CS: building a cadre of military clandestine
collectors, managing support to the military, and the proper oversight of military
clandestine operations.
Personnel
On the civilian side -- that is, within what is currently the DO -- many of the
most serious challenges to creating a joint CS have been addressed by other findings
in this study. Finding Four argues that the CS must better service-validated, high-level
military requirements and have the capability to support low-level, tactical
requirements as appropriate. This must become an intrinsic part of every aspect of
the CS's strategic planning. Finding Five outlines the judgment that the CS must have
a global presence, particularly because military contingency collection requirements
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are so difficult to predict in advance. Military clandestine collectors could be
instrumental in filling the requirement to staff these "military contingency" locations.
To the degree that cover concerns can be met, career military and civilian
members of a joint CS should be able to serve interchangeably in all clandestine
service positions in the field and at headquarters, and assignments should be based
solely on qualifications and relevant operational experience. These would be deep
"cultural" changes for a civilian clandestine collection community that has grown
accustomed to viewing most uniformed clandestine operators as being a grab-bag of
officers of varying levels of talent, with limited training, and even more limited
experience.
The military services must meet the challenge of helping produce this cadre of
talented, well trained, and experienced uniformed clandestine collectors. This will
require some strong direction from the very top of DoD, in OSD and at the Joint Chiefs
level. Without that sort of leadership, history shows us that the services are likely to
pay only lip service (if that) to supporting the creation of a unified CS. In the best of
times the services have not seen fit to recognize clandestine operations as a bona fide
military career specialization and there is unanimity of opinion that there have been
definite career disincentives to working in that area. Now the services and the CINCs,
having lost "ownership" of clandestine resources with the creation of DHS, are even
less enthusiastic. Several individuals have advised that the military services have
informally counselled their best HUMINT officers that their careers will be jeopardized
by accepting assignments in DHS. Without commitment from the top, there will be
a continuation if not a worsening of the services' current lackluster support for the
development of a program to select, train, and nurture career clandestine collectors.
There are numerous ideas on how to build a strong military clandestine
collection cadre within a unified CS. The following is offered as an example that may
have merit. First, the services must work with the CS to recruit highly qualified
individuals from those on active duty, in ROTC programs, and in the service
academies. The selectivity of the military cadre must be equal to that of the civilian.
The services must then work with the CS to develop covers, training programs and
career tracks that will give these recruits the military experience necessary to satisfy
military requirements expertly as well as a high level of competence in clandestine
operations.
Management of Clandestine Support to the Military
The designation of a Deputy Director of the Clandestine Service for Military
Intelligence (DDCS/MI) at the two-star rank may be essential to the success of a
unified CS. The position will expand upon the position of Assistant Deputy Director
of Operations for Military Affairs (ADDO/MA) created in the aftermath of the Gulf War.
The ADDO/MA, with the strong support of the DDO, did an outstanding job of
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increasing the ClA/DO's responsiveness to military intelligence consumers. Moreover,
this success (as is not always the case) was widely acknowledged, particularly at the
regional unified commands.22
An important element of the DDCS/MI's duties should be his having direct
control of CS support cells that are embedded in the regional commands and other
important DoD entities. These cells should operate much like the National Security
Agency's "Cryptologic Support Groups" and act as the Community's single focal point
for the development and implementation of the clandestine operations element of
intelligence support doctrine.
Oversight of Clandestine Operations Involving Military Personnel
For this or any other military clandestine operations activity to succeed it must
be removed from the direct regular operational oversight of OSD. The OSD guidelines
and procedures developed in 1994 and 1995, and under which DHS now operates,
have shown themselves to be cumbersome, time-consuming and (some would argue)
subject to political manipulation.
Findings Six and Seven of this study discuss at great length the reasons
clandestine operations require nimble, informed operational oversight. These reasons
apply equally to operations undertaken by civilian and military operators. The current
system in place in OSD ensures decisions on fast-breaking sensitive operations are
made only after months of "staffing" and at a bureaucratic level far removed from
anyone having direct knowledge of the relevant facts. It is a formula for guaranteeing
a risk-adverse, bureaucratic, and mediocre CS. As proposed under this finding, all
clandestine operations carried out by the unified CS would come under the operational
and policy oversight procedures set up by the DCI, using his authorities. The
DDCS/MI will be positioned in the CS to ensure that the operations do not run afoul
DoD regulations and guidelines and to facilitate any necessary deconfliction. Also,
there should be built into the system a procedure whereby appropriate DoD officials
are advised and consulted regarding particularly sensitive operations involving
uniformed personnel.
22
23-748 96-8
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Conclusion
Even if it is decided that, for bureaucratic or organizational reasons, this finding
is too revolutionary and difficult to enact, we strongly recommend that DHS's give up
its sideline of clandestine operations and concentrate its efforts on its larger, more
productive and cost effective overt collection mission. It is our belief that DHS'
clandestine mission is unlikely ever to rise above built-in limitations and justify the cost
and risks involved. Even if the military does not opt to participate fully in a joint CS,
we would like to see DoD detail to the CS a small number of select officers. The
potential advantages of a small program of this sort should be sufficiently apparent to
DoD to warrant its approval, even if DoD is unwilling to participate in a full-fledged
joint CS.
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The Intelligence Community (IC) in the 21st Century will face a world that
presents different, more diverse national security challenges than those presented
during the Cold War. At the same time, many of the issues and intelligence problems
that were spawned from the Cold War remain, and the IC is expected to address the
new and the old challenges with resources that have decreased significantly since the
end of the Cold War. Ambassador Robert Kimmitt, former Under Secretary of State
for Political Affairs, in testimony to the Committee, suggested that'whether the IC
remains relevant and effective may well depend on its ability to be an "inch deep" in
everything, with the ability to have a "miles worth of depth" on a specific subject at
a moments notice. Creating such a responsive IC will require increased internal
operating efficiencies; a more collective, corporate approach toward utilization of
resources; and structured programs that provide continuous resource augmentation
and "surge" capability.
This "surge" capability needs to be flexible, dynamic and well-planned one
that can be relied upon both day-to-day and during crises. "Surge" can be defined
very broadly, including the ability to: move resources quickly to address immediate,
usually ad hoc, needs; augment existing resources from outside the IC; and, improve
responsiveness of resources by building in more flexible options for collection and
analysis. Taken together, these capabilities should provide for the development and
maintenance of some level of knowledge on all countries/issues an intelligence
"base." This "base" of knowledge is critical for providing predictive, timely and
relevant analytical support to policy makers, particularly prior to and during fastbreaking crisis situations. As Representative Dicks, the Committee's Ranking Minority
Member, has stated, "intelligence must provide early warning of potential crises or
assist in developing sound policy responses to national security threats."
In order to provide crisis warning and aid in policy formulation, the IC's ability
to maintain an intelligence "base" cannot be sacrificed in order to focus entirely on
other, more immediate concerns. Maintaining its "base" will be an ongoing challenge
for the IC as it faces increasingly diverse intelligence requirements based on policy
makers' immediate national security concerns and a voracious military customer that
sees intelligence becoming even a more integral part of the modern battlefield.
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The development of more flexible collection capabilities that not only include
moving to smaller satellites but also to developing and incorporating
"tactical" satellites and other assets, such as Unmanned Aerial Vehicles,
that would allow for a "surge" in collection capability for a specific crisis.
Such capabilities should respond to both tactical and national requirements.
Provide the DCI with the ability to transfer personnel and resources rapidly
throughout the IC, and to have the capability to bring "surge" resources into
the IC from other areas. The DCI must have the ability to establish IC
Centers and Task Forces quickly and with full Community participation.
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226
A principal reason for this study, then, is to examine the dichotomy between
growing requirements (i.e., increasing requests for IC involvement in military
operations and in the policy process) and the reduction of IC resources. If the IC is
to continue to be relevant, its ability to "surge" resources to meet demands must be
improved. Such "surge" capability can be defined very broadly, including the ability
to: move resources quickly to address immediate, usually ad hoc, needs; augment
existing resources from outside the IC; and, improve responsiveness of resources by
building in more flexible options for collection. As important, improving the efficiency
of the existing IC by restructuring or reorganizing resources can also have a significant
effect on the ability of the IC to meet future challenges. The importance of having or
developing "surge" capabilities is quite clear --the IC will likely never be as large as
it was in the 1980s even though the demands on the IC will continue to grow.
Approach
The "Surge" Study Team approached this study by looking at the breadth that
the IC must acquire in order to be effective in the future. The Team conducted panels
and interviews that included individuals both inside and outside of the IC. Several
questions were asked of those interviewed, including:
What are the core capabilities that are "generic" to collection, analysis and
dissemination resources that would form a "21st Century baseline" for the
IC?
What are ways that the IC could "surge" to meet unexpected challenges?
Does the DCI have the necessary authorities to quickly move resources collectors, analysts and funds -- within the IC to fully address ad hoc
"surge" requirements. What administrative hurdles must be addressed in
order to achieve "portability" of intelligence resources (i.e., resources that
can be moved and utilized throughout the IC)?
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In the present day IC, managers tend to feel threatened by the loss of
personnel dedicated exclusively to their workload. How can supervisory
fiefdoms be made more "Community" in outlook? How can contributions
to "Community" needs become a positive factor in the overall assessment
of employee and unit performance?
What type of substantive "surge" capability should exist?
How does the IC "tap" into resources within academia or industry? Is this
sufficient? Is a Civilian Intelligence Reserve Program a viable option?
What effect, if any, does DoD's focus on being able to respond to two Major
Regional Contingencies (MRCs) have on how the IC should be structured,
particularly in terms of its ability to "surge?"
In order to assess likely "surge" requirements for the future, the study also
examined recent events where some "surge" capability was required for support to
"other military operations" (OMO).
Meeting Challenges Today
Showing responsiveness to civilian and defense policy makers' concerns is
clearly a desire of any intelligence organization. As a result, today's IC tends to
respond (either in actions or in budgetary requests) by lurching to the issue du Jour or
crisis of the moment. This suggests that, in the future, without a dedicated effort to
develop and maintain an intelligence "base," a growing imbalance in knowledge can
develop in lower-priority areas. Consequently, without a dedicated effort to develop
and maintain some sort of "surge" capability, the IC may have difficulty meeting nearterm challenges and may not be able to meet military and policy maker needs in the
future. We have already seen some evidence to justify this concern. For example, the
IC has responded to Presidential Decision Directive-35 (PDD-35), by focusing
resources on the highest priority issues at the expense of maintaining basic coverage
on "lower" tier issues. PDD-35 is an important document in that it presents the
Administration's highest national security policy priorities, thereby providing the IC
guidance for resource allocations. In a recent IC study of the capabilities of existing
resources to meet PDD-35 requirements, the Deputy Director of Central Intelligence
directed that the study, "Review the Community's core capabilities mapped against
the highest policy priorities in order to determine the most cost effective allocation of
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resources." Although this effort is laudable, the Study Team is concerned that in the
rush to fulfill top PDD-35 requirements, the IC may be creating intelligence gaps in
other areas.
Indeed, the IC is responding to PDD-35 in a predictable fashion eager to show
the Administration that it is responsive to these priorities. However, the IC overemphasis on the "top-Tier" issues could be harmful to the IC's future capabilities. For
example, when considering that four of the last five deployments of U.S. military
forces for OMO were to countries/regions that were, at best, "lower-Tier," the ability
of the IC to provide intelligence support to OMO in the future is called into question
if the preponderance of resources is almost entirely on "top-Tier" issues.
Likewise, emphasis on "higher-Tier" issues focuses attention (and resources)
to areas that already have been identified as being national security "threats." But
what about those "threats" and situations that have not yet been identified? As
Assistant Secretary of State Toby Gati recently told the Senate Select Committee on
Intelligence, "Intelligence can play a vital role in identifying opportunities for diplomatic
intervention and provide critical support to our Nation's policy makers as they seek to
resolve problems before they endanger U.S. citizens, soldiers or interests, and as they
negotiate solutions to festering problems. This is the essence of 'intelligence in
support of diplomacy,' an often ignored but vital component of our national security."
Again, issues such as those described by Assistant Secretary Gati are likely not to be
at the highest "tier" on a day-to-day basis.
The PDD-35 priority structure has had an effect on intelligence requirements for
"lower-Tier" countries. For example, SMO, which is PDD-35's top national intelligence
priority, is a top collection priority for many "lower-Tier" countries. SMO-related
intelligence requirements would include information on the size, capabilities and
locations of a country's military forces, and physical details about a country's
topography. This information is deemed necessary based on the possibility that U.S.
forces may have to operate in a particular country in the future. Other "non-military"
requirements for these "lower-Tier" countries, however, such s a country's political
climate, economic structure and internal stability, are of much lower priority or not
reflected as having any priority. Moreover, the growing number of SMO requirements
threaten to consume resources that could be used to address non-military
requirements. As a result, the Community may spend more time gathering intelligence
for potential SMO than for monitoring other developments that might aid in supporting
diplomatic efforts to prevent a situation where deployment of forces would be
necessary. Ironically, several of the Commanders-in-Chief (CINCs), expressed the
desire to have the type of non-military information that was traditionally important only
to civilian policy makers. Changes in world events and in the demands being placed
on the military for OMO are making the need for this type of information as important
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as the need for the more traditional military-related information -- a situation that many
of the CINCs believe will continue to increase in importance.
Yet another concern regarding reliance on the "tier" structure is the assumption
by many that other government resources, especially diplomatic resources, will supply
the necessary intelligence for the "lower-tier" countries.
Unfortunately, U.S.
diplomatic resources are undergoing the same downsizing and concurrent reduction
in diplomatic reporting capabilities as is the IC, and in the same areas. (See the
Intelligence Requirements Process staff study for additional information regarding PDD35 and the Tier structure.)
As stated above, the IC recently conducted an assessment of the effectiveness
of its current capabilities when mapped against the Administration's highest policy
priorities. This study proved interesting to the Study Team in terms of how the IC can
address today's issues, and whether it is suited to meet the challenges of the future
effectively. We believe that this study, which was well done, suggests that even with
recent resource reductions, the IC can respond to many tasks levied by the policy
makers.
The study also highlights, however, several points that should be
disconcerting to those concerned about the IC's future ability to address national
security challenges. An important area is what the parameters do not include, which
tends to portray a Utopian national security "environment."
The fact that the study did not account for tasking conflicts bases the
analysis on a premise that there is only one primary issue of national
security at a time, or that multiple areas of focus are geographically
separated so that there is no competition for resources. An environment in
which there is only one high-level policy concern at a time does not exist
today and seems highly unlikely in the future, given the track record that the
world has witnessed since the end of the Cold War.
The parameters state that the study may not represent "current daily
performance." Thus, the ability of the IC to "surge" to meet requirements
was of extreme importance. A logical extension of this is that, on any given
day, a question may be difficult to respond to without "surging" resources.
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UAVs on a high priority national issue like Bosnia, however, has raised complications
about handling ostensibly tactical collection and keeping national-level leaders
informed. As information technologies and "surge" capabilities continue to evolve, the
policy issue of theater-to-national dissemination of intelligence will become extremely
important to the effectiveness of the IC, especially in the all-source area.
Taskina/Exploita t/'o n
Various examples of surge capability are available in this area. One example is
the deployment of National Intelligence Support Teams (NIST) to "forward" areas in
order to augment military capabilities, as well as to assist theater commanders in
understanding what "national" systems can provide and how they can be tasked. The
response to NIST deployments has been overwhelmingly positive. That NIST in
essence provides a type of synergistic, horizontal approach to collection, suggests that
such an approach could be beneficial on a larger, Community scale.
Analysis and Product/on
Providing "surge" capability in the area of analysis is currently not as dynamic
a process as it is in other areas. The National Intelligence Council (NIC) has made an
effort to hire individuals working outside of the IC as National Intelligence Officers
(NIOs). Not only can these NIOs bring differing perspectives to an area of concern,
they can also utilize their contacts, usually in academia, to "tap" into noted expert
resources that the IC does not have internally. In many cases, it can be useful for the
IC to have access to noted non-IC experts from academia and industry because of
their access to various forums and other experts who would not ordinarily avail
themselves to government employees. Another example of "surge" capability can be
found in a small program within the CIA called "when actually employed" or WAE.
WAE, which is more of an employment status than a program, is utilized by individuals
who are former employees or spouses of Agency employees. WAEs are asked to
maintain a level of expertise in a specific area, sometimes by utilizing open source
research, so that if a crisis develops, he or she can bring his or her expertise to CIA
Headquarters to augment an office or task force throughout the crisis period.
To a point, current IC Centers represent a longer-term "surge" capability in
which the IC has brought together its assets to focus on a specific issue or area. It
is possible that such a structure may prove the most effective mechanism for
concentrating IC efforts against specific issues. See the separate staff study on
Intelligence Centers for more details.
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Clearly another area of "surge" is found within DoD in the military services'
reserve programs.
This structured program has provided invaluable force
augmentation to active duty units and, although the results vary with various units and
areas of expertise, the program may serve as a model for developing similar
capabilities in the area of civilian intelligence. Unfortunately, military intelligence
reserve units continue to be thought of in terms of "mobilization" resources only,
without much consideration or desire to more actively engage these resources in dayto-day activities.
There are signs of changing attitudes, however, that could have significant payoff for the military and the IC in the future, although these efforts are the exception
rather than the rule. One example is found at the Joint Intelligence Center in the
Pacific Command (JICPAC). In this case, the JICPAC J-2 has involved military reserve
resources within his theater to assist in JICPAC's delegated production
responsibilities. This effort has provided the J-2 with additional resources to combat
shortfalls, and has added theater-specific expertise to the DoD production operation expertise that is likely not found readily at DIA or CIA. Another example is the use of
the Joint Intelligence Reserve Unit to support operations in the National Military Joint
Intelligence Center (NMJIC) at the Pentagon. This reserve unit takes over the
weekend operations of the NMJIC and has the capability to augment the NMJIC during
crisis periods. Such activity not only greatly benefits the active duty military by
relieving them of staffing responsibilities on weekends, it also greatly enhances the
military's augmentation capabilities by having individuals who are trained, up to date
substantively, and can be relied upon at a moment's notice.
Advances in information technologies and communications capabilities are
forecasting an era by which "surge" capability will also be enhanced through
collaborative analytical efforts within existing IC assets. Efforts such as INTELINK,
that provides more advanced, multi-media dissemination capabilities for the recipient
to utilize in his or her timeframe, go a long way in recognizing what technology is
bringing to the intelligence analyst.
Additional efforts are underway throughout the Community to construct
systems tailored to the analyst's or recipient's environment. A "white board"
capability on INTELINK will undoubtedly prove useful in asking questions and working
through answers in a "virtual" environment. The Study Team found these efforts
most encouraging, although there are some reservations regarding infrastructure
standards and information/production management.
Standards are extremely
important in a "virtual analytic environment," and they need to be set and enforced
at a Community level to be successful. (See the Intelligence Community Management
study regarding an Infrastructure Support Office.) Management of information is a
more difficult issue. As the Committee stated in the FY96 Authorization Bill, there is
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concern about competition developing within the Community in terms of publication
of products. It would indeed be unfortunate and, ultimately damaging for the IC
should a "competition for market share" develop. This is one reason why the DDCI
heading the CIA must have management authorities for all-source analysis and
production, with close cooperation of the Director of Military Intelligence (DMI), to
assure "lanes of the road" are being heeded.
The Study Team believes that the direction taken by DIA in developing a Joint
Intelligence Virtual Architecture (JIVA) is correct in terms of standards and
development of a "virtual analytic environment." The Team believes that this effort
should be not only strongly supported but also used as a basis for a Community-wide
program.
Surge Capabilities for the Future: Conclusions and Recommendations
Unpredictability is one of the facts of life affecting all intelligence systems. No
requirements process will be able to predict all of the issues that are likely to be of
paramount interest to policy makers in the course of any given year. Indeed, flexibility
of all resources -- technical and personnel - are necessary in order to respond quickly
to new events. During an IC21 hearing, Representative Dicks, the Committee's
Ranking Minority Member, explained the uncertainty of future intelligence challenges
by stating that: intelligence must provide early warning of potential crises or assist
in developing sound policy responses to national security threats; it may not be as
important for the IC to be able to identify, with specificity, future intelligence targets
as it is for the IC to ensure that it has the flexibility necessary to respond quickly and
competently to those targets, whatever they may be; and, now and in the future,
events will unfold quickly and unpredictably, and the IC will have to figure out how
it can make information more readily available to those who can help U.S. interests,
while still protecting sources and methods.
The problem of requirements and resources has been made increasingly difficult
in the post-Cold War world. The end of the Cold War not only removed the single
overwhelming focus of the IC, but also contributed to a breakdown of international
order in specific regions, which contributed to the growth of ethnic warfare and
exacerbated a number of transnational issues. A rapid succession of disparate but not
wholly dissimilar issues -- Somalia, Haiti, Rwanda - have put added stress on the IC.
Before these crises arose, most of these were areas of little, if any, interest to policy
makers and, thus, to the IC. Consequently, the ability of the IC to "surge" resources
-- i.e., to focus collection and analysis, and sometimes operational capabilities -- on
these suddenly important areas, is of increasing importance.
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As stated earlier, one of the witnesses at an IC21 hearing, Ambassador Robert
Kimmitt, put it succinctly when he said that IC coverage must be an "inch deep" and
a "mile wide," with the ability to go a "mile deep" on any given issue.
FINDING:
The IC will be required to maintain some level of
knowledge on all nations/issues at some level of detail - an
intelligence base. The capability to support this base or to "go a mile
deep" need not be self-contained within the IC.
The ability to surge means, in effect, the ability to marshal and move resources
flexibly and quickly, without undue concerns about who "owns" the assets. As the
IC moves to a more corporate approach, all components and all personnel must focus
on performing the tasks at hand and not battle over which component gets the most
resources or credit. Internecine competition undercuts efforts to meet intelligence
needs. The ability to surge also requires planning in advance of the need.
If done correctly, a surge capability should serve both the day-to-day needs of
the IC, as resources are constantly readjusted to meet international conditions and
shifts in policy maker needs, and allow for making larger reallocations of resources
during crises.
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Reorganization of Existing Collection Resources
Some specific changes should be adopted to increase efficiency for the IC and
the customer in the area of collection. Fully adopting a more synergistic approach to
collection resources in terms of requirements and tasking management as well as
operations will likely improve IC capabilities to solve the diverse intelligence problems
of the future. For example, consideration should be given to a single "Technical
Collection Agency" that consolidates IMINT, SIGINT and MASINT resources in order
to realize the substantive advantages of synergistic collection in solving intelligence
issues. Such an organization should eliminate the administrative and substantive
barriers of existing "stovepipes," allow for easier, more effective tasking mechanisms
for the customer, reduce some of the redundancy in collection between "INTs" and
allow for better planning mechanisms for future systems by placing emphasis on
intelligence needs, not the ability of program managers to "sell" their programs.
Developing the capability to "surge" national collection assets should go beyond
the requirements and tasking mechanism. Further development of other collection
assets for use in augmenting national resources, such as UAV$, will prove to be useful
in closing some collection gaps efficiently and effectively, but only if considered as
part of an overall architecture of collection resources. To address these areas further,
consideration of a more consolidated IC approach for development of collectors such
as UAVs is warranted. Such an approach should not overlook the uses of these
collectors for other IC requirements not necessarily associated with the military.
As noted in the Collection Synergy study, the ability to do "all source"
collection and analysis is a key to U.S. intelligence philosophy. There is an ongoing
debate within the technical collection community and the Congress about future
directions for satellites, revolving around the issues of size, capabilities and numbers.
Although the smaller satellites that some are advocating -- including the House and
Senate Intelligence Committees on an exploratory basis -- might not match the current
large satellites in terms of the number of tasks that could be carried out, they do offer
a number of advantages that might be of tremendous importance to our ability to
"surge" collection assets. They would be cheaper to build and to launch and could
provide an extremely useful "on the shelf" reserve to increase collection during a
specific crisis.
RECOMMENDATION:
Development of more flexible collection
capabilities should not only include moving to smaller satellites, but
also to developing and incorporating "tactical" satellites that would
allow for a "surge" in collection capability for specific crises.
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As important, the DCI must have the ability to quickly disestablish a Center or
Task Force when its existence is no longer warranted and to guarantee that the
contributing offices recover their assets. A review and evaluation process is needed
to periodically assess whether a Center or Task Force is still a viable component.
Analytic Tools
The means for improving analytic capabilities will come with continued
development of computer and information technologies and communications
capabilities that foster better, more accessible relations among analysts. The ability
to "surge" analytic resources through "virtual" means will be critical.
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Civilian Reserve Program
The development of a Civilian Reserve Program may be the most important
aspect of preparing the IC for the future, especially in terms of linguistic and analytic
capabilities. Fully developing a relationship with linguists, especially those in "exotic"
languages, could fill significant gaps that are developing in the SIGINT and all-source
areas of the IC.
The CIA already has in place procedures whereby it can increase its capabilities
by using former employees on a temporary basis. This capability should be
augmented into an IC civilian reserve program, to include experts not in the IC (in
academia, business, etc.) who can be kept on retainer both to provide ongoing
information on warning and trends and to be utilized during crises to augment IC
assets. Such a program has several advantages. First, it allows the IC to concentrate
on the current areas of concern while knowing that someone who is attuned to IC
needs is also keeping an eye on areas that are quiescent. Second, the ability to bring
in experts who understand local politics and players in a region is especially important
during the early phase of a crisis, when the IC is often scrambling to come up to
speed. Many of these experts can be kept on retainer and be asked to do unclassified
work, which, in effect, will provide the IC with more knowledgeable access to the
open sources. If the "reservists" are asked to work within the IC for extended
periods, then some thought has to be given to the issue of clearances and polygraph
requirements. A flexible approach to these issues would best serve the overall
interests of the IC and the nation.
There are many ways a civilian reserve program could be run. To be successful,
however, such a program would probably have to be developed and managed at the
Community level, so as to properly address administrative concerns (security, pay,
etc.) as well as substantive concerns ~ assuring that duplicative expertise is minimized
and agencies do not compete for resources to support individual reserve programs.
Some developmental work on a reserve program is being done at this time in the
National Intelligence Council (NIC). This work should continue and a pilot program
should be enacted in the near term.
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Military Intelligence Reserve Resources
Similarly, better use should be made of military intelligence reserve components
Currently, reserve units are under the control of military service reserve chiefs who are
responsible for ensuring necessary units are available for mobilization. By treating
intelligence units strictly as mobilization assets, these units have been subjected to
resource cuts and constraints as are any other reserve units. Additionally any
consideration of utilizing intelligence reserve units during non-crisis periods has evoked
cries of Title 10 authorities and endangerment of military readiness. But intelligence
is most effective for national security when it can deliver predictive analysis and
warning well ahead of a crisis. Thus, it seems somewhat short-sighted to hoard
capability that might be used to both prevent a crisis and certainly to prepare for a
crisis, for the sake of ownership or control. Consequently, the Study Team believes
that the SECDEF should capitalize on those efforts that are mentioned in this paper to
craft an arrangement between the service reserve chiefs and the Director of Military
Intelligence (DMI) to better utilize military intelligence reserve resources. This would
result in allowing the DMI and DoD to make better use of intelligence reserves in noncrisis situations, thus adding an additional "surge" capability to the Intelligence
Community.
RECOMMENDATION: Better utilization of existing military reserve
components is also required. Consideration should be given to
placing some of these components under the DMI for better utilization
during time of need.
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Should SMO be the highest priority issue for IC resources now and in the
future?
Are there indications that SMO requirements either have changed or will
change in the future? If so, to what degree might this effect the priority
for SMO in IC operations?
Consequently, this study did not focus on evaluating specific programs or assessing
whether specific theater collectors were valuable investments. We did intend,
however, to discuss some of the relationships between intelligence assets within the
military, at all levels, and national intelligence assets, and how that relationship might
change over time.
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Approach
This study looks across the spectrum of issues facing the IC in SMO in the 21st
century. The SMO Study Team conducted several interviews and panel discussions
with retired and active intelligence professionals and military officers. These included
"operators," some of the Commanders in Chief (CINC) of U.S. Combatant Commands
and some military "theorists," such as Admiral William Owens, former Vice Chairman
of the Joint Chiefs of Staff, who foresee very different types of military tactics and
strategies than those that maintain our nation's defense posture today.
Along with the issues and questions raised above, the effect of the trends
coming out of Desert Storm and the historical evolution of SMO, especially in terms
of budgets, programs, operations and service equities, were studied as we assessed
the IC's future challenges in this area.
What is SMO?
One of the questions from the beginning of the study was the definition of
SMO. The role of SMO and, thus, defense intelligence is defined with variance,
depending upon the forum. For some, it is solely an issue of support for the
operational commander in a tactical wartime setting.
Certainly, most of the
discussions related to SMO since DESERT STORM (and, arguably, most of the
emphasis) are aimed at improving our capabilities to support a similar effort in the
future. In fact, some believe that the priority for reorganization of our intelligence
capabilities should be to plan for capabilities that would support the military
requirement to be able to engage in two, near-simultaneous "major regional
contingencies" (MRCs). However, the continued growth of so-called "other military
operations" (OMO) -- peacekeeping, peacemaking, humanitarian efforts, etc. -- that
are putting U.S. personnel into harms way much as if they were in combat, call for
different intelligence priorities overall and clearly indicates that the two MRCs concept
is not an adequate planning tool for the IC.
Analytic and production elements of the military intelligence complex define
their responsibilities by discussing the three "pillars" of support: support to the
defense policy maker; support to force modernization and planning; and support to the
warfighter. The individuals that make up these "pillars" would be, respectively: the
Secretary of Defense (SECDEF) and other Department of Defense (DoD) policy makers;
the Secretaries and staffs of the military departments charged with organizing, training
and equipping the armed forces; and military commanders, planners and operators
planning for or engaged in military operations. Although much broader than some
definitions, this approach to the needs of the military by the IC is probably the most
valid. Regarding support to the Secretary of Defense, since the end of the Cold War,
the DoD clearly has become more prominent in U.S. foreign policy initiatives, even
over the Department of State in some cases. From implementation of Nunn-Lugar
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programs to promote Russian defense conversion to the deployment of troops into
Bosnia to implement the Dayton Agreement, the DoD is the active arm of policy
development and implementation. In part, this is due to changes in the stability of
many regions and relationships that tend to involve armed entities and are a byproduct
. of a less polarized but more unstable world. For this reason, it is easy to see why
much of the emphasis within the IC on SMO and "support to the warfighter" currently
carries the day in terms of resource priority and focus. However, although DoD may
be the active arm of many of the Nation's policy initiatives today, most if not all of
these initiatives began with some level of diplomatic effort, calling into question
whether "support to the diplomat" might be a more critical pursuit.
Support to force modernization and planning is also critical. Although some
argue that this is less significant now that the Soviet Union no longer exists and
strategic nuclear systems are being produced and deployed,at a rate less than at the
height of the Cold War, the facts are that Russia (and China) continue to produce
strategic nuclear weapons and, most importantly, advanced conventional weaponry
and defensive systems that will have an effect on U.S. force planning for years to
come. Moreover, the sales of such systems to countries throughout the world by
many countries, including Russia, underscore the importance of this type of
intelligence to our weapon designers for protection of U.S. forces in the future.
Another reason for emphasis on this type of intelligence area is opportunity -- more
and more systems and technologies are available for purchase at arms sales
throughout the world. Consequently, dedicated efforts by U.S. intelligence and
defense to acquire previously hard to get equipment are especially important for the
next 10-15 years. The Study Team believes that today's efforts in the Foreign
Materials Acquisition and Exploitation (FMA/FME) areas -- currently managed under
Office of the Secretary of Defense (OSD) and the Defense Intelligence Agency (DIA) -are not as effective as they could be in order to assure that we capitalize on upcoming
opportunities. The current FMA and FME programs tend to be piecemeal -- especially
in terms of funding - an issue that the Committee will continue to monitor with the
FY97 budget submission.
"Support to the warfighter" is the area of main interest for DoD and the IC at
present, and tends to be used interchangeably or as synonymous with SMO. The use
of the term "support to the warfighter" is extremely problematic. It is misused to selfjustify programs and budgets, and misunderstood, or defined so broadly as to
encompass everything that the military does. It is also self-limiting, in that it promotes
the immediate needs of a soldier, sailor, airman, marine or weapons system, making
intelligence only a reactive function rather than a predictive one - at a time when
predictive analysis is becoming increasingly significant for the military commander as
well as the policy maker. Moreover, the term suggests that the primary focus of
intelligence should be on the actual need to use force (i.e., "fight a war"), when we
continue to believe that successful foreign and national security policy is designed to
preclude such an event if at all possible. This is not to say that the IC and the military
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should not prepare for military conflict. But this cannot be the sole focus, to the
detriment of diplomacy, deterrence and force preponderance -- all of which also
require IC support.
Additionally, the current emphasis on "support to the warfighter" is primarily
technologically oriented. In this burgeoning age of information, there seems to be a
growing belief that technology will fix everything.
"System compatibility,"
"interoperability" and "it's all bandwidth" appear to be the approaches that have
become the focus for a majority of those -- including the services themselves -- who
are bent on solving the "intelligence" problems for the military. Although clearly very
important, having the ability to transmit volumes of data in near-real time has greatly
overshadowed (in terms of interest and expenditures) the importance of the utility and
availability of the information being passed. While striving to attain technical
solutions, we must also address the intelligence data/analysis itself, as it, too, is
critical to a commander's success. The current trends in priorities, however, suggest
that the IC, and the military services, could go down the path, once again, that results
in significant technological capabilities -- especially in collection assets -- with limited
utility based on a lack of attention to processing, analysis and production capabilities.
There is also the issue of the IC's ability to ensure that its information can be received
by operational units and other intelligence entities. Dissemination, especially within
a military theater, was a key intelligence issue in DESERT STORM. Whether this is a
legitimate responsibility of the IC or of the military is a topic of discussion in a
separate IC21 Intelligence Communications staff study.
This study, then, focuses on SMO mostly in terms that are associated with the
third of the three "pillars." The Study Team believes that the issues of supporting the
defense policy makers and force modernization and planning are as important as
"support to the warfighter." This last "pillar," however, is likely to have the most
dramatic effect in the future in terms of budgets, personnel, organization and priorities.
In this study, given the limitations and misuse of the term "support to the warfighter,"
the issue of SMO is defined as those intelligence needs that support deployed forces.
The Study Team believes that this support clearly should begin well before actual
deployment and is not limited to traditional combat -- taking into account OMO and
recognizing that a new paradigm in combat engagement is beginning to be realized.
Likewise, as we need to consider new situations for the use of military forces, we
must also review the "traditional" aspects of the intelligence information that is
required for SMO.
Traditional SMO-related intelligence requirements'- that are still in use. -- would
include information on the size, capabilities and locations of a country'^ military
forces, and physical details about a country's topography. This information is deemed
necessary based on the possibility that U.S. forces may have to operate in a particular
country in'the future. Given the increased use of the military in OMO since the end
of the Cold War, however, the needs of the operational commander appear to be
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changing in a way that tends to blur the distinction between SMO and "support to
diplomacy." As Lieutenant General Patrick M. Hughes, Director, DIA, testified to the
Senate Select Committee on Intelligence (SSCI), "Threat ... is no longer a self-evident
term. The defense intelligence community has traditionally focused on a primary
element of the threat -- enemy forces and weapons systems; clearly that aspect
remains. But as military activity extends to missions involving the use of military
forces in non-traditional roles, we must adapt our intelligence focus to meet new
requirements."
SMO vs. Support to the Policy Maker
As stated earlier, SMO is one of the major roles of intelligence. Some argue
that it is the major role of intelligence. The Clinton Administration - both policy
makers and senior intelligence managers ~ has stated that SMO is a top priority for
intelligence. Critics question why this statement is necessary, given that much of the
IC's effort has always been shaped around this specific intelligence role and that, in
the post-Cold War world, U.S. national security is actually less threatened than at any
time since 1940.
This debate over SMO is important as it goes to the heart of both requirements
and resources. Intelligence is not an easily expanded resource. As noted in the
discussion on the IC's ability to surge (see the Intelligence Community Surge
Capability staff study), covering current requirements and taking steps to address
unexpected ones is difficult at best. The more resources devoted to any one area, the
fewer there are left to address others. The issue is not whether the IC should devote
resources to SMO, but rather how much SMO is reasonable given other, competing
demands.
Therefore, it is difficult to rationalize comments from senior IC officials (who
also believe that a two MRCs defense strategy is sufficient for intelligence planning)
who state that, "If you solve all of the military's requirements for intelligence, you will
have solved 80 percent of overall intelligence requirements," as an acceptable
blueprint for the IC today, let alone in the 21st century. Indeed, it is becoming
obvious that, on any given day, the remaining 20 percent of the requirements could
be more vital to the President and his policy advisors in areas that directly go to this
Administration's stated principals of its national security strategy of enhancing
security, promoting prosperity at home and promoting democracy.
Much of today's emphasis on SMO is directly related to supporting tactical
combat ^situations. If one assumes that, on any given day, all of the other issues
requiring intelligence support are more likely to be active than is the probability that
U.S. forces will be in combat, then many aspects of SMO become an insurance
capability. Like all insurance, intelligence support for warfighting is something you do
not wish to be without, but is something you also work very hard never to have to
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use. When viewed in this light, there is a greater desire to put some sort of limit on
the degree to which the warfighting function calls unremittingly upon intelligence
resources. Again, the insurance analogy is apt: how do you decide how much
insurance is enough without short-changing other needs, all of which place real
demands on resources.
Further complicating the issue is the fact that military commanders are now
becoming more aware and interested in thoroughly understanding the issues within
their theater in terms that go beyond preparing for combat engagement. The
continued use of the military as an active participant of U.S. peacetime foreign policy
by engaging in OMO, has bolstered this interest. Again, as Lt. Gen. Hughes explained
to the SSCI, "'Warning,' traditionally focused on Clausewitzian warning of attack, is
becoming an increasingly complicated process. We must build and employ a flexible
and adaptive military intelligence support system in order to meet the needs of largescale military threats, while at the same time meeting the military requirements of nontraditional warfare and the new missions the U.S. military has assumed."
Consequently, it can be argued that in the near future, the requirements that
encompassed the "other 20 percent" will be as critical to the commander as it is to
the policy maker, in order for the commander to identify the key "centers of gravity"
within each country's infrastructure as they develop.
There are already examples whereby commanders' interests conflict with SMO
requirements - the IC reaction to Presidential Decision Directive - 35 (PDD-35). PDD35 is designed to present the Administration's highest national security priorities,
thereby providing the IC guidance for resource allocations, by establishing a "tier"
structure. Unfortunately, but predictably, the IC is using PDD-35 to ensure that
resources are being placed on the highest-tier issues, in many cases having little or no
resources left for lower-tier issues. One example of the effect is, in fact, in the area
of SMO. In many cases, SMO is the top collection priority (and in many cases the
only collection priority) for lower-tier countries, based on the possibility that U.S.
forces could, some day, deploy to that area. Other non-military requirements for these
lower-tier countries, however, such as a country's political climate, economic structure
and internal stability, are of much lower priority or not reflected as having priority.
Moreover, the growing number of SMO requirements threaten to consume resources
that could be used to address non-military requirements. (Additional discussion of
requirements can be found in the IC21 staff study entitled Intelligence Requirements
Process.) As a result, the Community may spend more time gathering intelligence for
potential SMO than for monitoring other developments that might aid in supporting
diplomatic efforts to prevent a situation where deployment of forces would be
necessary. Ironically, several of the CINCs expressed the desire to have the type of
non-military information that was traditionally important only to civilian policy makers.
SMO - certainly in the traditional sense -- is, to some extent, a contingent need:
At least through the Cold War, U.S. defense policy had been shaped around the idea
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of deterring combat, or using force as a last resort. Other, non-SMO, policy needs are
current -- diplomacy, narcotics, terrorism, proliferation. Thus, a balance needs to be
struck. Urging an increased emphasis on SMO without looking across the board at
all IC requirements runs the risk of leaving many other ongoing policy needs partially
or completely unfulfilled.
The extent to which intelligence priorities must be balanced was suggested by
Assistant Secretary of State for Intelligence and Research, Ms. Toby T. Gati, again to
the SSCI. In describing what she called a second kind of threat to our national
security - the first kind being made up of issues such as terrorism, proliferation of
weapons of mass destruction, organized crime, drug trafficking ethnic and religious
hatred, the behavior of rogue nations and environmental degradation - she stated
that, "Such threats [the second kind] derive from missed or unexploited opportunities
to advance our national agenda. If we fail to recognize such opportunities, or pursue
them with ill-founded and misguided strategies, we can exacerbate existing dangers
or create new ones. Intelligence can play a vital role in identifying opportunities for
diplomatic intervention and provide critical support to our nation's policy makers as
they seek to resolve problems before they endanger U.S. citizens, soldiers, or
interests, and as they negotiate solutions to festering problems. This is the essence
of 'intelligence in support of diplomacy,' an often ignored but vital component of our
national security."
Clearly, then, striking the balance between SMO and other requirements is
critical. Understanding how an administration views the use of the military and of the
IC becomes a significant factor in the equation. In this Administration's national
security strategy documentation (A National Security Strategy of Engagement and
Enlargement), several points relating to these issues are addressed. On the issue of
the use of military forces, the strategy begins by pointing out that, "Our strategy calls
for the preparation and deployment of American military forces in the United States
and abroad to support U.S. diplomacy in responding to key dangers those posed by
weapons of mass destruction, regional aggression and threats to the stability of
states." There is also a description of three basic categories of national interests that
can merit the use of our armed forces:
"The first involves America's vital interests, that is, interests that are of broad,
overriding importance to the survival, security and vitality of our national entity
- the defense of U.S. territory, citizens, allies and our economic well-being."
"The second category includes cases in which important, but not vital, U.S.
interests are threatened. That is, the interests at stake do not affect our
national survival, but they do affect importantly our national well-being and the
character of the world in which we live."
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Although no one will disagree with the concept, also in the strategy, that
"Whenever U.S. forces are deployed, the highest priority is to ensure that our military
commanders receive the timely information required to execute successfully their
mission...," some balance needs to be considered. With the proliferation of military
deployment throughout the world, mostly for OMO, a sole emphasis on SMO threatens
to cons'umeentirefy IC resources to the point that the IC is only accomplishing SMO,
thus, leading to foreign policy that is almost totally reactive, with its primary
response being the deployment of troops. This is a direction that the Study Team
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believes is ill-conceived, short-sighted and not necessarily a path that this, or any,
President should go down.
Clearly it is envisioned that the focus of the IC today needs to be on predictive
analysis on a wide variety of issues of importance to the policy maker. As President
Clinton stated when visiting the CIA in July 1995, "Unique intelligence makes it less
likely that our forces will be sent into battle, less likely that American lives will have
to be put at risk. It gives us the chance to prevent crises rather than forcing us to
manage them." We would argue therefore that, although there will always be changes
on the margins regarding details and descriptions of "threats," the premise that the IC
needs to focus on the ability to provide "warning" on a variety of issues to the policy
maker is an enduring top priority into the 21st century, one that must be addressed
regardless of an immediate crisis, including military deployments. To accomplish the
task of providing such warning, the IC will need to develop and maintain an extensive
intelligence "base" of knowledge that is worldwide. Such an intelligence "base"
should cover all aspects of a country, issue, or entity, with an eye toward being able
to supply trends and warning data to the policy maker before a crisis occurs. (An
intelligence "base" is also discussed in the IC21 staff study on Intelligence Community
"Surge" Capability.)
Finally, although the debate is often framed in terms of competing requirements
- SMO vs. support to the policy maker -- the trends indicate that priority toward the
policy makers' needs is complementary to the needs of the operational commander in
the 21st century. Again, evoking the words of Lt. Gen. Hughes, "Understanding
military threat is a direct function of intelligence of all types: economic, political,
environmental and, specifically, military, brought together in a dynamic all-source
portrayal of overall conditions and circumstances. Understanding the military threat
paradigm of the future will include not only traditional intelligence practices, but also
a new approach to the threat including a recognition of the changing nature of the
operational environment." To the extent that the "operational environment" is more
than just the battlefield, and given the uses of the military for OMO since 1989, we
would suggest that it is, we would concur with Lt. Gen. Hughes' outlook.
FINDING:
Maintaining both the "base" and SMO represent valid
concerns. SMO requirements must not stand alone, apart from other
intelligence requirements.
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This is not to say that improvements have not been made or that intelligence
cannot support current military operations. Clearly, the overall status of SMO since
DESERT STORM has improved in many areas. The successful management of
delegated intelligence production by DIA, the establishment and operations of Joint
intelligence Centers (JICs), especially in the Pacific Command, to consolidate
collection and analysis for the theater, the successful deployment and integration of
unmanned aerial vehicles (UAVs) into theater operations to compensate for limitations
of national collectors, the myriad of types of products produced by DIA specifically in
response to operational needs and the establishment of the INTELINK system and the
ability to access products on INTELINK via the Joint Worldwide Intelligence
Communications System (JWICS) and the Joint Deployable Intelligence Support
System (JDISS), are but a few examples where the IC, especially in defense, are
responding to the call of new challenges in SMO. The old specter of redundancy and
duplication have also been significantly reduced, and, although there may be additional
areas where further attention to this issue is warranted, the redundancy that remains
appears to be valid and healthy, as one all-source product cannot always serve all of
the customer needs and requires some tailoring.
But the fact that the IC is coping with the challenges of Somalia, for example,
and, now, Bosnia, does not indicate that current operations and structures are
adequate for future SMO requirements. Several points in this regard were obtained
through the research for this paper and can be further expanded upon.
The significance of military deployments for OMO, such s in Somalia, is that;
in many ways, this type of support is more difficult and demanding than the traditional
force-on-force analysis. This is because the military's requirements in this setting
often call for more information on the immediate "environment" to which U.S. forces
are engaged. Issues such as a population's dialects, religion, ethnicity and physical
environment quickly become important for completion of the mission and for
protection of our forces -- especially smaller ones. The types of arms and militia
structure, if any, involved, that often do not conform to traditional force structures,
are also vitally important. Likewise, understanding the more traditional military
capabilities and operations of lower-priority countries continues to be important especially given the proliferation of weapons of all types and requires analysis before
a crisis emerges. This was made painfully clear during DESERT STORM when
assessing the ICs inability to locate and target Iraqi SCUD missiles and launchers an issue that was generally listed as an "intelligence failure." The truth is, however,
that prior to DESERT STORM, the IC and the U.S. government did not consider the
indigenous production of SCUD missiles to be a priority issue - certainly not of
enough priority to focus the required amount of attention and,resources that would
have provided a full understanding of SCUD operational deployment strategies. These
factors specifically point to the growing importance of developing and maintaining an
worldwide intelligence "base" of knowledge. This type of information is best supplied
as the U.S. is approaching the decision to deploy troops - indeed, it should be
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factored into the decision-making process. As stated in the previous section,
maintaining this "base" of knowledge must continue regardless of a crisis at hand.
This "base" of knowledge need not be in the Defense intelligence area --many of the
types of information may be better analyzed in CIA, for example -- as long as Defense
has ready access when needed. (Also see the discussion of the intelligence "base"
in the Intelligence Community "Surge" Capability staff study.)
The establishment of JICs addressed the realization that the operational
commander did not understand, nor had the time to deal with tasking national
collectors. One of the often heard comments to the Study Team was that the
collection "stovepipes" forced a commander to place multiple requests for information,
each uniquely structured so as to fit into the specific collection discipline. Moreover,
the development and employment of National Intelligence Support Teams (of which
there are at least four supporting Bosnian SMO), JICs and Joint Analysis Centers
(JACs) and the Defense Collection Coordination Center (DCCC), further indicate that
better "horizontal" and synergistic management and operations of national collection
assets is required. (See the Intelligence Community Management staff study and the
Collection Synergy staff study for further discussion and.for recommendation to create
a Tactical Collection Agency.)
A growing concern about the concept of "sensor-to-shooter" was also
expressed. Although some types of information need to be sent directly to a weapons
system, inundating and overwhelming the "warrior" is a decided possibility. Some
saw the eventual solution to this data overload problem in enhancing the capabilities
and responsibilities of the JICs and JACs for data/analysis fusion. Others were still
concerned that the prospect of turning the "warrior" into an analyst, and, thus,
reducing his operational effectiveness, were real and not necessarily good.
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analyzing, fusing and disseminating intelligence useful to the commander and the
"warrior," and providing the mechanisms (communications), especially within theater,
that allows for the necessary dissemination in the time required are two different and
daunting tasks. Realization that the integration of national and tactical collectors will
also be key to future SMO has caused the military to add emphasis on integration of
collectors for Intelligence, Surveillance and Reconnaissance (ISR) to enhance battlefield
information. The difficulty in developing inter-theater and cross-service compatibility
with enough available bandwidth to support operations is a difficult task; one that has
been the primary focus of the Assistant Secretary of Defense (ASD) for C4I.
Integration of ISR components and ISR with operations is, in many respects, no less
difficult, requiring more focused senior-level attention than it is currently given by the
ASD (C4I). (See the Intelligence Community Management staff study and the
Intelligence Communications staff study for a recommendation for an Assistant
Secretary of Defense for Intelligence.)
The advent of information technologies is having an impact on intelligence
reporting and dissemination that bring about significant management challenges.
Although DIA has taken great strides in managing analytical and production
responsibilities within DoD, technology that allows for more collaborative production
will further blur the "lanes of the road," and will likely result in significant challenges
ahead. Some of these challenges from a system perspective are being addressed in
the development of INTELINK and the Joint Intelligence Virtual Architecture (JIVA).
From an intelligence analysis and production perspective, however, there is a growing
concern that single-source (collection discipline) publications are increasingly using
collateral information to help put their information into context, thus, appearing more
like all-source publications. As a result, users may well incorporate a piece of analysis
into a tailored report for the commander that is believed to be a product of all-source
analysis when it is not. As technology allows for easier publication possibilities by
more and more users of INTELINK, the problem can be exacerbated. The IC as a
whole, but, specifically, DIA will need to take a more prominent management role.
Finally, given the disparate responsibilities and activities of intelligence
throughout the defense establishment and the fact that intelligence can take only a
small portion of the SECDEF's time, there needs to be a senior military officer
responsible for military intelligence management; someone who can look at defense
intelligence from "end-to-end," and also allow the DCI to obtain the "corporate" view
of the IC that will be required. (See the Intelligence Community Management staff
study for a recommendation of establishment of a Director of Military Intelligence.)
Future Requirements for SMO
Perhaps one of the more interesting dynamics that will significantly affect SMO
for the future is the explosion of new technologies across a wide range of disciplines
and the emergence of truer "joint" warfighting resulting from the Goldwater-Nichols
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Act. The culmination of these points, observable in some limited fashion during
DESERT STORM, has some within the military discussing new concepts in warfighting
that could redefine SMO 10-15 years from now. Such concepts envision an
information-reliant battlefield environment in which intelligence plays not only a
significant role, but a dominant and directive one. An example of this is the concept
of providing a commander with "Dominant Battlespace Awareness (DBA)." As defined
in the Annual Strategic Intelligence Review on SMO, this concept is:
"... the capability to achieve real-time, all-weather, continuous surveillance in
and over a large geographical area. This capability should be sufficient to
determine the presence of most objects, emissions, activities or events of
military interest. The awareness portion of the concept is not limited to enemy
activities - it includes awareness of friendly forces, weather, terrain and the
electromagnetic spectrum. The battlespace over which the Joint Force
Commander establishes DBA includes the geographical area (surface,
subsurface, atmosphere, and space above it) where the most intense conflict
will take place. DBA is not solely an intelligence function."
Such goals, combined with the new challenges being contemplated in the area of
Information Warfare, pose daunting challenges for the IC - from both a technological
and analytical standpoint -- and there are only few who likely fully understand the
ramification for the IC and for the military. Moreover, the excitement associated with
these concepts could easily overwhelm the intelligence planning and support process
so that development is concentrated in these areas to the detriment of other national
security needs. Some would argue that this "militarization" of intelligence is already
underway with the current leadership in the IC.
What is true, however, is that in DESERT STORM, the introduction of advanced,
precision strike weaponry, the identification of critical "centers of gravity" within the
Iraqi infrastructure and the tactical requirements for information throughout the
conflict pointed to a shift from intelligence as a contributor to intelligence as a
participant. Lt. Gen. Kenneth Minihan describes this shift as akin to the roles of a
chicken and a hog in a ham and eggs breakfast. In such a meal, the chicken is a
contributor, while the hog is a participant. Although mired in traditional force-on-force
strategies and operations, DESERT STORM represented the beginning of a shift for the
military in how future wars will be fought. It also deftly portrayed the all-consuming
nature of conflict on intelligence, especially as a participant.
To effectively provide SMO in the 21st Century, the IC will likely have to
develop a concept of "Dominant Awareness." The ability to be active in collection
and analysis ~ ahead of immediate requirements - will make the IC our first line of
defense. The ability to maintain a knowledge "base" on an extremely diverse set of
countries and issues will not only help protect broad national security objectives, but
in OMO, it could well save lives. In tactical, combat situations, taken to the logical
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extremes projected by concepts such as DBA, intelligence must somewhat take the
lead rather than only providing a more traditional supporting function that is often
reactive. To the extent that the military moves in the direction of DBA, specific
cultural changes must be made, by the military and by the IC, in how intelligence is
collected, analyzed, disseminated and used.
Support for the type of battlefield, or battlespace, that the military is planning
to operate within will take significant steps, especially in automation, to achieve. Put
simply, a capability must be developed that provides continuous, near-real-time,
sensor-to-shooter data on all targets and all weapons. Such a capability begins with
collection capabilities. The ability to operate "national" and "tactical" collectors in
near-real-time and in a synergistic fashion that does not waste resources, based on
redundancy or system limitations, is critical. The speed at which these systems must
react suggests that not only an integrated tasking mechanism must be developed, but
that at least some significant portions of such a system needs to automated -operating without the burden of human intervention. Likewise, the experience already
gained from Bosnia, indicates that extensive, quick-reaction theater collectors and
innovative "national" collection capabilities must be developed to meet many of our
future needs. Finally, a robust HUMINT and clandestine SIGINT program is also of key
importance. Having the "person on the ground" will continue to be the best way to
assess an enemy's intentions. This type of collection support must begin well before
troops are deployed and the battle begins. Waiting until the U.S. establishes military
"presence" will not provide the information and advantages needed.
Analysis and dissemination in this type of SMO environment must provide the
capability to identify the "centers of gravity" of an enemy's infrastructure, and to have
a thorough understanding of the enemy's "environment" prior to the beginning of a
conflict. The ability to fuse intelligence data - not only the "raw" data from
collectors, but also disparate analysis from theater and "national" entities becomes
especially important so that the tactical field commanders are not inundated to the
point where their efficiency and effectiveness are diminished. On the battlefield, the
ability to fuse intelligence data and provide a real-time picture of legitimate targets is
a necessity. Such a capability may not be obtainable without significant advances in
automation to assist in areas such as bomb damage assessment.
Today, systems development in the areas of ISR are primarily in the hands of
collection program managers in the NRO and the acquisition components of each
individual service and OSD. If the IC is to meet the needs of the military in the future,
a more "corporate," end-to-end outlook and management structure for the IC as a
whole will be needed.
In the 21st Century, the IC must attain a "dominant
awareness" of worldwide activities, without waiting to be asked, if it is to provide the
predictive and proactive type of intelligence that will make it relevant to the policy
maker and the military commander.
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FINDING:
The new operational strategy. Dominant Battlefield
Awareness, will require significant advances in technology, development
of consolidated requirements, coherent tasking management and
synergistic intelligence collection capabilities. It is necessary to give
serious thought to the amount of IC resources likely to be available to
support such strategies.
The Study Team firmly believes that SMO is a vital part of the intelligence role
and mission. The IC has, in most cases, performed admirably in this regard. But the
significance of the changes in our nation's national security "threats" and our
responses to them, in how the nation employs its military forces, in the advances of
technology on information processing, in the possible new paradigm in military
strategies for combat, etc., that are either here or are on the horizon, suggests that
extensive planning and operational, structural and management changes will be
required for the IC to meet its overall national security needs, including SMO. Some
of the findings and recommendations in this and other IC21 studies go toward this end
and need to be addressed soon if the IC is to be ready for the 21st century.
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INTELLIGENCE CENTERS
Executive Summary
The purpose of this study is to examine the seven existing Intelligence Centers,
assess their effectiveness, the need for these Centers in the future, and whether the
Centers "concept" can be adapted as a working model for future Intelligence
Community organization. The study will also make recommendations on how to
improve the functioning of the Centers.
There are seven centers: the Counterterrorist Center, the Counterintelligence
Center, the National Counterintelligence Center, the Crime and Narcotics Center, the
Nonproliferation Center, the Arms Control Intelligence Staff and the Center for
Security Evaluation. All the Centers are located in the Central Intelligence Agency
headquarters buildings in Langley, Virginia. The Centers were established to serve as
"Community" organizations. In reality, they have a distinct "CIA" identity. They are
predominantly staffed by CIA employees, and are dependent upon the CIA for
administrative support and funding - often competing with other CIA programs for
resources. This fact has made it difficult for the Centers to be accepted as
"Community" entities.
At the outset, Centers must overcome bureaucratic impediments and require a
significant period of time to mature as organizations and establish themselves as full
players in the Intelligence Community. Much of the success of Centers can be
attributed to the quality leadership the CIA has selected for service in the Centers. In
this study, we considered where the Centers should be located in the Intelligence
Community. Also examined were the factors that have made the Centers successful,
and the problems that continue to trouble them -- geographic barriers, bureaucratic
inertia and personnel management impediments.
We concluded that, in most respects, the Centers have become successful,
established organizations that should continue to exist. In fact, in many respects, they
are now indispensable, representing the type of functional outlook and horizontal
integration of analysis and collection that will be critical in addressing the complex
transnational issues of the future. Our study recommendations include improvement
on community management issues, the need for periodic functional review, and a
number of suggested changes to the personnel system.
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INTELLIGENCE CENTERS
Why Were Centers Created?
The Centers were established to serve as focal points for significant and
enduring intelligence issues. They function as vehicles to pull together the disparate
intelligence resources on major issues in order to provide more synergistic collection,
analytical and management approaches toward a critical intelligence problem. They
also allow the Intelligence Community to show its responsiveness on major issues to
the Administration and to Congress.
The Centers work because they have established valuable, even essential roles
in the Intelligence Community. Specifically, the Centers were created to meet certain
perceived needs, and over the years they have made themselves viable entities although not necessarily as true "Community" centers with full Community staff
representation, as initially envisioned. What the Centers have done is meet the
objectives that had been set forth for them and become valued Agency and
Community resources. Moreover, they are organizations upon which policymakers
have come to rely.
The Centers - What Are They Now?
Today, the Centers continue to address specific issues identified by their names.
They draw, with varying degrees of success, from personnel throughout the
Intelligence Community. Indeed, the very name "Center" implies a certain degree of
Community orientation, or that the center is a "shared Community resource." In
reality, though, most of the Centers have a distinct "Central Intelligence Agency
(CIA)" identity, are predominantly staffed by CIA employees and depend on the CIA
for their administrative support and operating expenses.
In a sense, the very name "center," is also misleading. The Centers are not true
cross-agency organizations, and they are not always the single focal point for work
on an intelligence issue.
In the case of the Nonproliferation Center (NPC), for
example, three National Intelligence Officers (NIOs) also speak on various aspects of
nonproliferation. Moreover, the Director of Central Intelligence (DCI) Community
Nonproliferation Committee, although chaired by the NPC Director, is a separate
coordinating entity. Of all the subject matters upon which Centers have been formed,
proliferation is probably the most diverse across the Community. It can range from
Measurement and Signatures Intelligence (MASINT) research and development (R&D)
to analysis on export regimens. In this area, probably more than all others, it is
beneficial to have a Center that can provide a centralized planning and coordinating
function for the Intelligence Community and between intelligence and policy. It is
interesting that the role of the DCI's Nonproliferation Committee is set forth in a DCI
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Directive. By contrast, there are no DCI or other directives that institutionally identify
the corporate intelligence authorities and responsibilities of the NPC. In fact, although
it should be a DCI entity, given its function, the NPC is contained within the CIA's
Directorate of Intelligence (Dl).
Each Center has unique features and, therefore, it is difficult to generalize
regarding their roles and missions. It is possible, though, to group the seven centers
into two generic categories. The Center for Security Evaluation (CSE), the Arms
Control Intelligence Staff (ACIS), the National Counterintelligence Center (NACIC) and
the NPC most closely approach what might be called Community coordination
mechanisms. The Counterterrorist, Counterintelligence, and Crime and Narcotics
Centers (CTC, CIC and CNC, respectively) are more the Community's operators. They
contain fused Dl/Directorate of Operations (DO) line elements that directly support
certain intelligence activities.
The Centers were intended to be shared Intelligence Community resources with
substantial representation of staff from elsewhere in the Intelligence Community. This
has not occurred. What the Centers have become, though, are central repositories of
information related to their assigned subject matter. Other agencies, to varying
degrees, have come to rely on the Centers' data. How the Centers differ from the
National Intelligence Council (NIC), another repository of all source analysis, varies
from Center to Center. In some, the difference lies in the sheer number of staff who
work with the intelligence issues. For instance, the NPC can do more than the NIC
in looking beyond the immediate uses of intelligence to assess trends as well as
policymaker, analytical and collection needs.
Yet, actual analytical work on
proliferation issues is performed outside the Center. Other Centers such as the CIC,
CNC and CTC are central repositories and producers of analytic product and at the
same time are closely involved with operational activities. Another way to describe
a Center such as the CTC is that it is like a DI/DO partnership into which a Community
partnership is inserted as well. The CTC has close-working analytical and operational
components, but considers itself the "one stop shopping spot" for intelligence support
to planning and execution of U.S. counterterrorism policy in all its forms.
Where Should the Centers Be?
As the former CIA Executive Director, Leo Hazlewood, describes it, the worst
thing about the Centers is that they are CIA centers and the best thing about them is
that they are CIA Centers. For years, the chief complaint from within the Intelligence
Community was that the Centers are "CIA" centers. By this, the critics meant that
because the Centers were located in the CIA, it followed that their focus would be
weighted too heavily toward CIA interests. As a result, according to the critics, other
Community needs would get short shrift. There were also concerns over turf, with
some Community program managers feeling threatened by what may be perceived as
an infringement upon their responsibilities. Of course, similar complaints regarding turf
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have been voiced from within the CIA. It is not surprising that these complaints were
especially intense during the Centers' formative years. The complaints and critics
have not entirely disappeared. Nonetheless, we have found that despite their CIA
location and large CIA staffs, the Centers, in varying ways, have made great efforts
to incorporate and accommodate the information, needs and interests of the entire
Intelligence Community and, by and large, they have succeeded.
There have been problems. Some of the more conspicuous deficiencies relate
to the Counterintelligence Center's information sharing practices with the FBI
and others in the Intelligence Community. The creation of the National
Counterintelligence Center, with its substantial FBI and community
representation, as well as the assignment of an FBI Agent to a senior position
in the DCI Counterintelligence Center, has greatly improved the flow of
information between the FBI and the CIA.
When Leo Hazelwood says that the best thing about the Centers is that they
are CIA centers, he means that of the entire Intelligence Community, the CIA has been
the one intelligence agency willing to make the resource investment in these
"Community" Centers.. The Centers were initiated by the CIA and have been staffed
primarily by its personnel. With the exception of ACIS, CSE and NACIC, the Centers
are located in the Operations or Intelligence Directorates. The CSE and NACIC are
located in the Community Management Staff (CMS). From those organizations, the
Centers derive administrative support. It is argued that this support can be factored
into their budgets at a significantly lower cost than if they required separate
infrastructures, either outside the Directorates, or even outside of the Central
Intelligence Agency. Administrative support may be more expensive if provided by the
DCI budget; if the Centers were entirely outside the CIA and other intelligence
agencies, their infrastructure costs would be higher still as they would be unable to
borrow or ride on any common services or networks.
Moreover, according to the CIA Comptroller, it is easier to protect the Centers
against unallocated cuts and/or personnel reductions if they are located budgetarily
within a larger directorate, such as the Dl, where there is a large pot of money, some
of which can be shifted to protect priority projects. In the current budget structure,
outside the cushion afforded by a larger program, they would feel the full brunt of
unallocated budget reductions. Both the present and former Comptroller felt strongly
that taking the Centers out of the Directorates, therefore, would be a mistake. Any
"independence" from organizational "taxes" on Center budgets or constraints imposed
by directorate viewpoints would be of small benefit compared to increased
vulnerability and the added operational expenses that independence would mean.
It is interesting that of the Center Directors interviewed in this study, those who
felt comfortable in their relations with the directorates and saw no benefit in relocating
their Centers outside the larger organization were Directors of Centers within the
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Operations Directorate. Other Center Directors were troubled by the number of times
they had to give up resources to the interests of the Intelligence Directorate in which
they resided and felt their Centers should be made independent, or had succeeded in
becoming independent of that Directorate so that they would not continue to lose
funding and personnel to other programs. One Center had managed to get itself
moved outside of the Intelligence Directorate for just this reason.
Looking Forward
Taking these arguments for budgetary protection into account, discomfiture
remains about the vulnerability of the Centers to the interests and funding objectives
of the directorates in which they reside. The protection against unallocated cuts is a
persuasive argument, but it assumes reductions will continue, and that the Centers
cannot be protected in any other manner. In addition, those Centers that reside within
the CIA's Intelligence or Operations Directorates will continue to draw criticism for
being CIA entities. Finally, we believe that the Center concept presents the right
direction for future management on major issues, but only if their structure presents
the right sense of corporateness. The study, therefore, concludes that the best
solution is to relocate as many Centers as possible out of CIA directorates to where
they can be perceived as having the most "Community" flavor. It is possible,
however, that this may not mean out of the CIA as envisioned in IC21. (See the
Intelligence Community Management staff study.)
What Makes Centers Work?
For Centers to become fully functioning in today's Intelligence Community, they
need time to establish their place in the intelligence bureaucracy, they need the
leadership and commitment to make them work, and they must readily adapt their
structure and activities to remain relevant.
Centers Need Time to Mature
It takes time for a Center to become effective. Forming a Center to address a
Community issue in a centralized way does not mean once the Center is "stood up"
that the Center mission is fully functional. Consistently, those interviewed in this
study felt that Centers needed time to mature as organizations and to establish
themselves as viable institutions within the intelligence bureaucracy. Some have
suggested that this process takes a minimum of five years. Even those tasked with
getting the newer Centers running, and who thoughtfully sought to apply lessons
learned from the struggles of older Centers, discovered that, despite their best efforts,
they seemed bound to a five-year "principle."
DCI Directives can establish a Center in name, and will outline the Center's
mission and responsibilities. Only time and effort can make a Center, functionally, a
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Community Center.
If one also takes into account the administrative expense of
setting up new offices and transferring the personnel to staff it, one understands that
establishing a Center is not a short-term solution.
Centers Need Good Leadership
It seems a given that the successful director of a new Center must become
involved in struggles over bureaucratic turf. Establishing new relationships requires
sheer force of personality and excellent personal relations skills. In addition, the
directors must be able to support their employees both within and without the Center.
All Center employees are detailees. Centers are faced with a common perception that
career advancement can be slowed by assignment to a Center. Overcoming that
perception so that good quality staff will be attracted to the Center is important to any
Center's overall success. Thus, all of the directors have found it necessary to go the
extra mile to support employees in the personnel review process. In the future,
reforms to the personnel appraisal process may relieve some of the burden on the
directors by providing a clear process by which employees can be evaluated for "out
of directorate or agency" contributions. These reforms will be discussed in greater
detail at a later point in this study.
Centers Must Be Flexible
Due to their own initiative or, as a result of change imposed from outside, the
Centers have had to respond quickly to change or, if need be, to reinvent themselves.
Centers, like all organizations, run the risk of becoming stagnant or behind the times.
The Centers must change their organizational structures and activities in a timely way
to be able to demonstrate their continued importance, a factor that is of great
importance to Centers, as they are the natural competitors with line organizations.
Although interviews with Center personnel revealed a commitment to keeping
their organizations flexible and able to change, in reality, changes requiring additional
funding and personnel may be impeded by the needs and interests of the larger
organization in which some of the Centers are presently located. There have been a
number of occasions when the Centers in the Intelligence Directorate have had to give
up funding for other Directorate needs. On the other hand, Directorates have given
up personnel and funding to augment Centers with missions the Directorate felt were
of utmost importance. This has been most noticeable in the Operations Directorate.
Taking these histories into account, the study concludes that flexibility in Center
programs might be best achieved if the Centers were placed in a separate Community
account that would subject them to fewer competing interests. Flexibility might also
be enhanced by a "seed monies" account. Over the past few years, "seed money"
provided to the Centers has helped the Centers initiate certain technological
developments throughout the intelligence community.
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Looking Forward
The need for time to become established, the need for good leadership, and the
ability to change are essentials that are required now for Centers and will be in the
future as well. Again, looking into the future, there are some factors that may
diminish Community resistance to the Center concept. Resistance to Centers appears
primarily in the form of bureaucratic turf battles or, on a more personal level, negative
perceptions about the impact of out-of-directorate (or agency) detailing upon one's
career. The future should bring improvement to these problems as, over time, the
number of people who have served in the Centers grows. Interestingly, although
downsizing has an adverse impact on the ability of Centers to obtain personnel from
other agencies, it has a positive effect on the Center efforts. Computer automation
developments such as joint data bases, congressional pressure to reduce duplication,
and relaxed compartmentation standards have provided the impetus to work more joint
activities, with a resulting increase in intra-agency assignments. Downsizing has also
pushed short-staffed agencies toward greater cooperation and teamwork. Another
factor operating in the Centers favor is that, as time goes by, there will be an ever
growing number of people who have served in the Centers and have returned to their
respective agencies with a more "corporate outlook."
These factors, and the
resultant impact on the milieu in which the Centers find themselves, will not change
in the foreseeable future.
No matter how well-led and flexible a Center organization might be, like any
organization it is in danger of becoming self-perpetuating.
As part of their
coordination effort, Centers frequently establish new working relationships where none
existed before. This is one of the great benefits the Centers offer the Intelligence
Community.
However, once these processes become established, it may be
appropriate for the Center to disengage and permit the activity to continue without
Center involvement. In order to encourage disengagement when it has become
appropriate, and, as an overall review of roles and missions, we recommend that a
five-year review process be required of each Center to assess all ongoing Center
activities and to rule on the need for its continuation.
Barriers and Impediments to Making Centers Work
There are three kinds of barriers to making Centers work. The first barrier
consists of the problems inherent in establishing a Center's role in the Intelligence
Community and the attendant turf issues. These problems have already been
discussed.
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The second barrier is a physical one relating to the far-flung locations of the
intelligence agencies. This geographic reality can be an impediment to detailing
employees among the agencies. It is a lot to ask a National Security Agency (NSA)
employee who likely lives in central Maryland or Baltimore to commute to Langley,
Virginia for two years. The geographic barrier and the turf barriers are issues that
must be resolved by leadership and management. It might be useful to consider a
reimbursement policy for detailees who must travel distances significantly different
from what they normally would encounter.
The third barrier is a large set of institutional and bureaucratic rules governing
employee movement, evaluations, and security. It is in the realm of personnel
management that the Centers face some of their most nettlesome problems. It is in
this area that this study will make the majority of its recommendations. Like the
geographic barriers, some of these obstacles can be mitigated by creative and
committed management that provides strong direction and incentives. Others can and
must be changed not only to improve the efficacy of the Centers, but to facilitate
cross-agency working relationships in the Intelligence Community of the 21st Century.
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Additionally, in 1993, the former DDI, Doug MacEachin, and ADDI, Dave
Cohen, did a review of Dl personnel detailed outside the Directorate, to include
rotations in the Centers. Looking back over a period of years, they found that the
percentage of people on rotational assignments outside the Directorate was steadily
increasing. Their study also found that 40 percent of the people whom the Dl had in
rotation fell into the lowest performance percentages. The proportion of poor
performers was even higher in the Centers. As a result, the ADDI issued an order that
no one in the bottom tenth percentile could be sent to a Center unless the career
service, the Center director and the individual in question agreed that they should go.
Each of the Center directors are aware of the problems of perception and/or fact
that working in a Center is not career enhancing. All have taken a more aggressive
role in the PAR process and, with the exception of the NPC, all Centers have a vote
on the promotion panels. Recently, the CIA Executive Director has decreed that no
senior level assignments are possible without an "out of directorate" experience. If
Directives such as these count rotations to Centers as an "out of directorate"
experience, they may, to some degree, help alleviate concerns about the impact of
Center rotations upon promotion rates. Until employees are comfortable that their
promotion rates will not suffer when they are out of the sight of their home division,
the perception that service in a Center can be detrimental to one's career will not fade
away. This perception can only be changed by tangible results. We are encouraged
by the current Executive Director's interest in personnel management reform; many
of the problems highlighted above are now under review. Such reform, however,
needs to be injected into the Intelligence Community as a whole, as "out of
directorate" rotations alone will not serve the Centers adequately.
From the Centers' perspective, any reform of the personnel evaluation
procedures within the CIA must include a process that would provide more efficient
and fair evaluation of the contributions made by employees detailed to Center or
"Community" positions. That evaluation should be meaningful to the division or
directorate to which the employee belongs.
The DO has a central personnel system in which the Directorate evaluates its
employees across the divisions. In the Intelligence Directorate, on the other hand,
each Division is essentially its own personnel stovepipe. The division personnel
systems were formed to track the development and contribution of analysts focused
on a specific issue area. The focus on contribution to the division coupled with the
number of personnel "duchies" in the Dl makes it difficult to evaluate employees as
directorate, Community or Center resources. As increased numbers of analysts are
working details outside their divisions, the Dl has responded by creating a rotational
groups panel to improve the evaluation process. However, this is a patchwork-type
response where a more sweeping change to the evaluations of Dl employees may be
called for.
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The study proposes that the Dl's personnel system be changed so that it can
continue to facilitate the development of junior analysts, but also more effectively
evaluate intra- and interagency contributions made at a more senior level. One way
this might be done is that employees up through the GS-12 level would be evaluated
by their home division. From the GS-13 level onward, personnel would be evaluated
by a Directorate-wide panel. Such a panel may be better poised to incorporate into
its reviews criteria relevant to the entire Directorate, as well as overall Agency or
Intelligence Community interests.
The problems Centers face regarding the evaluation of detailees' contributions
point to a more sweeping issue -- how analytical personnel of the 21st century should
be evaluated. Today's analyst spends a great deal more time on short-term reporting
and "corporate" projects than analysts of past years. Yet, the system that evaluates
analysts still leans toward a "publish or perish" or "what have you done for the
division lately" mentality.
The "out-of-sight, out-of-mind" problem can be a career threat for an Agency
employee on rotation outside his or her directorate. The problem is even more acute
when detailees come from other agencies whose evaluation criteria and procedures
may be significantly different. Therefore, it is not surprising that Center directors who
are aggressive in seeing that good CIA employees are recognized and rewarded, are
less effective with supporting workers who come from outside the Agency. Presently,
the NPC and the CTC, two Centers that have taken on military detailees, are
struggling, for example, to find a way to make their evaluations of performance
coherent and meaningful to DoD military evaluation criteria.
Additional Personnel-Related Problems
Another suggestion that was brought up frequently during this study was the
need to reform the CIA's Personnel Assessment Report (PAR) process. Too often
PARs are put together by managers less as an evaluation of an employee than as a
package designed to get someone promoted.
The Centers presently possess a mixture reimbursable and non-reimbursable
billets. In fact, the same is true of many offices or groups throughout the Intelligence
Community that have detailees from other agencies. The issue of reimbursable versus
nonreimbursable billets must be explored further, for it is possible that a Communitywide policy of reimbursable billets might make loaning personnel to Centers or other
agencies less burdensome, particularly for the Defense Intelligence Agency (DIA),
which must count that detailee against numbers remaining in DIA offices.
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Although work is being done on developing Community security policies, certain
policies are not consistent across agencies. From the Center perspective, many object
to the imposition of CIA security regulations that are imposed on Center staff,
especially polygraphs. This impedes getting detailees to serve on the Centers.
The "Virtual" Center
Conventional wisdom is that there is no substitute for people working together,
face-to-face. Nonetheless, there remains a sense that the advent of common data
bases across agencies, video conferencing capabilities and other forms of electronic
communications - not the least of which the secure telephone and fax - might make
it possible, for example, for counterterrorism offices of different agencies to work as
a virtual center from their desks in their respective agencies. Yet, try as we may, it
is hard to subtract the human contact equation and come up with a dynamic,
workable model. To establish a new organization, develop a new cross-Community
cooperative process or focus on quick moving issues like terrorism requires intensive,
face-to-face interaction. It is true, however, that Centers can and do establish new
working relationships that are facilitated by Community data bases and video
conferencing. Once these working relationships are established, the Center itself may
no longer be required.
Imagery Management and the Centers
Several years ago, the NPC assumed the role of the nonproliferation imagery
manager for the Intelligence Community. In reviewing its management efforts, the
NPC did a comprehensive review of imagery requirements against worldwide weapons
of mass destruction targets. As a result of their work to improve management of the
imagery deck, the Center found a more than three-fold increase in meeting
nonproliferation imagery requirements.
The CNC uses imagery to support its counterdrug efforts. In working with DEA,
the CNC provides that agency with imagery where needed. As this relationship
began, the CNC found that the DEA agents could not understand the imagery process.
In response, the CNC established a Counternarcotics Imagery Working Group that
would interpret imagery used to assist the DEA. In addition, an agreement was
worked out making the CNC the Executive Agent for imagery counternarcotics targets,
much in the same fashion as the NPC is the Executive Agent for nonproliferation
targets. The CTC staff is concerned about how its efforts in this area will be affected
by the formation of the proposed National Imagery and Mapping Agency (NIMA).
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Task Forces
One area of consideration in this study was the relationship between Centers
and Task Forces. The similarities between the two are striking, although the
functions, structures and duration of the two differ. A number of Task Forces have
been created to respond to specific regional problems, such as the Balkans, or to
focus on certain issues, such as strategic planning or Community management. The
Task Forces resemble to Centers in that they bring synergy to a Community that is
fragmented. Here again, the Task Forces are a response to an Intelligence Community
that is finding a corporate approach to problems both necessary (due to shrinking
staffs and funds) and beneficial. Unlike Centers, Task Forces are formed presumably
for short-term, ad hoc problems -- although the fact that the Balkans Task Force has
been in existence for over three years suggests that "short-term" is not always the
norm.
Typically, Task Force assignments do not present the same personnel problems
such as concerns about the adverse effect on one's career as a result of being detailed
for two years to a Center. In general, work on a Task Force is viewed more favorably
- in fact, the attention one can receive for work on a-short-term, attention-getting
Task Force can be career enhancing. Yet, like Centers, Task Forces may incur
administrative and bureaucratic burdens associated with assigning or moving
personnel on a temporary basis. Depending on the structure of the Task Force,
funding, interagency representation and space needs may also be troublesome. As
with Centers, the issue is the "portability" of intelligence resources across the
Community and the ability to "surge."
We believe that Task Forces, like Centers, serve important functions for the
Community. To be effective, however, Task Forces need to be highly focused on
specific, short-term issues, and their continuation should be monitored, perhaps on a
yearly basis, to ensure that they remain responsive to answering the needs of the
specific problem or issue for which they were established. Finally, because of the
short timelines that would, in part, drive the formation of a Task Force, additional DCI
authorities that allow for shifting resources within the Community must be available,
and acceptance by the Community and the government of a Task Force as the
DCI's/Community's authoritative body for that crisis must be assured without delay.
Centers in the 21st Century
Many of the observations and recommendations in the previous paragraphs
relate to changes that should be considered, given today's Intelligence Community.
The overriding question, however, is how the concept of Centers relates to the type
of activities the Intelligence Community will need to conduct in the 21st century. We
believe that Centers (and Task Forces) are valuable components of the present
Intelligence Community, and that Centers will continue to be worthy organizations on
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into the 21st century. The "Center" meshes with our overall concept of a more
"corporate" Community that capitalizes on a more synergistic approach to collection
and analysis, and the interaction of these two activities.
As pointed out previously, there are two basic types of Centers. We believe
that this distinction will, and should, continue, as each type highlights particular
strengths regarding how intelligence is used. As transnational issues become more
complex, coordination of operations throughout the Community (and the government)
will be a major key to a Center's success. Of note is the ground broken by the NPC
in its interaction with the policy process. Although in some cases its activities have
been to fill voids in the process, NPC's operations specifically point out the utility of
intelligence in aiding the decision making process without specifically directing the
outcome (or the policymaker's decision). While the military is finding that intelligence
needs to be fully integrated into operations to achieve so-called Dominant Battlefield
Awareness, the same type of integration into the policy process will be no less
important.
Finally, the NPC director's role as an issue manager has also broken ground.
Congress directed that NPC develop a report that takes a functional, issue-based look
at the overall intelligence budget for the FY96 submission. The House Intelligence
Committee found the report to be a useful tool in understanding the Community's
efforts on proliferation issues, that we believe it will be a mainstay approach for the
future. Although some have qualms about some of NPC's activities, such interaction
and overall resource focus may well define the type of analytic and management
activities the Community will need to adopt across the board in supporting the 21st
century policymaker and intelligence planner.
In order to achieve the type of synergist operations and corporate mentality that
will be required in the 21st Century, the Intelligence Community will have to
significantly adjust its practices regarding personnel, security, resource management
and other issues that are seen as specific barriers that are found when observing each
agency within the Community. Resolving these problems is especially important for
the success of the Centers. Some specific proposals and recommendations regarding
these areas can be found in the Intelligence Community Management staff study.
Generally, however, we find that Centers should be the corporate answer to major
transnational issues, and should be managed as such.
In the other IC21 studies, we redefine the role of the CIA as the Intelligence
Community's premier all-source analysis and production entity. As such, this seems
like the appropriate place for most of the Centers. However, it is clear that Centers
should represent the DCI and the Community and, consequently should be directly
controlled by the DCI, the Deputy Director of Central Intelligence or, perhaps, the
Director of Military Intelligence, and not in some CIA substructure.
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Findings and Recommendations
1.
The Centers are successful, established organizations that should continue to
exist. The Centers were created to address critical, enduring intelligence issues; these
issues will continue to be important to U.S. national security for the foreseeable
future.
2.
The Centers are in daily contact with the entire Intelligence Community as it
relates to their subject matter. Because of their responsibilities, they keep current
with all aspects of their topic, relevant policymaker needs and requirements, the
contributions of the various Intelligence Community programs with which they work,
and problems related to gaps and capabilities. Thus, we find that Center directors are
best choice for issues managers, in that they are, for the reasons stated above, best
suited to do the "racking and stacking" across the Community of programs and
resources.
3.
The Centers fall short in being the Community organizations they were intended
to be. A critical shortcoming of today's Centers is not the work they do, but their
less-than-Community composition. Greater Community representation in the Centers
will help diminish the perception that they are "CIA" Centers. Greater Community
representation also would improve the lines of communication between the Center and
the rest of the Intelligence Community.
We believe that greater Community
representation on the Centers would help diminish the perception that the Centers are
"CIA" centers and result in improved communication, information sharing and
cooperation among the agencies. Thus, there should be a commitment, if not a
requirement, that the Community's leadership fill all of the Centers' Community billets.
Increased Community staff participation in the Centers should be expected in the
future.
Management
4.
We recommend that a mandatory five-year review process be imposed upon the
Centers to revalidate the continuing necessity for all of the seven Centers' missions
and activities. This review will include strong consideration of the management of
high-priority requirements across the Intelligence Community and the Centers'
contribution to the plans and activities designed to meet those requirements.
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5.
There are serious questions to be asked about the Nonproliferation Center that
go less to its contributions -- which have been significant -- than to its future form and
function. It is unclear what pieces of proliferation management should be the purview
of the NPC. Since 1993, Congress has been adding to the powers of the NPC while,
at the same time, CIA managers have reduced its authority, personnel and budgets.
We believe the issues management responsibilities should be returned to the NPC, but
that all other IMPC activities should be subject to an immediate validation review.
6.
It takes years for a Center to achieve a viable role in the current intelligence
bureaucracy. ' The lesson to be drawn from this is that a Center or a center-like
structure may not be the best organizational response to a short-term crisis. The DO,
for example, is turning more and more to the task force process to work crises. There
are many similarities between task forces and centers. In many cases, both must
acquire office space, move employees and establish cooperative working relationships
with existing IC offices. If task forces are being established to perform as minicenters, they may not be the best or only solution to short-term problems. In fact,
increased information automation and joint conferencing capabilities may make
physical collocation of task forces unnecessary. Centers and center-like task forces
(longer in duration) likely will continue to require collocation of personnel.
7.
If the Centers were placed in a Community account, that program might also
include some special Centers funding, including seed money, that could be used by
the Centers to push Community response to special needs or new technologies. There
would be increased flexibility in planning, if that Centers special funding were placed
into a multi-year account.
8.
The Intelligence Community should develop a consistent policy regarding
reimbursable or nonreimbursable billets in the Centers. In many cases, reimbursable
slots would encourage Community participation in the Centers. An appropriate
amount of funds should be designated to fund reimbursable slots.
Personnel
9.
The geographical distance between the agencies that might be represented in
the Centers is a barrier to achieving full cross-community participation in the Centers.
The study recommends reimbursement for the extra travel required of Center detailees
if that travel exceeds 20 miles daily.
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10.
Not only do the Centers find it hard to fill Community staff positions, they also
face the perception -- and sometimes fact -- that service on Centers is not career
enhancing. As detailed by the study, there are reforms to Community personnel
management practices that would benefit the Centers. The Centers need assistance
in getting qualified and productive detailees from within and without the CIA, and a
means to assure that the detailees are fairly evaluated and their promotion rates are
not adversely affected by Center service. It is important that the evaluation process
be revised to more fairly and accurately evaluate the contributions of the Center
detailees and other detailees who serve outside their home office.
11.
In attempting to respond to the need for broader based evaluations, the Dl has
established a rotational assignments panel. It remains that the Dl has as many
personnel systems as it has divisions. The study recommends that these personnel
systems remain in place for the evaluation of employees below the grade 12 level.
Above the grade 12 level, these systems should be replaced by a directorate-wide
system which applies overall directorate standards and the measures developed by the
rotational assignments evaluation process.
12.
Personnel performance evaluations should shift their focus from skills to issues.
The National Photographic Interpretation Center (NPIC), for example, has gone to this
model. They have grouped together technicians, analysts and others together and
evaluate employee performance with regard the issue being worked. Where there
used to be personnel structures for each skill category, personnel management has
been more efficiently consolidated to an issue-focused process. Evaluation and
personnel management conducted in this way would make it easier to evaluate the
work of Center detailees and the increasing number of other intelligence employees
working outside their home offices.
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For years, the intelligence and law enforcement communities have maintained
an uneven, and at times an antagonistic relationship. This is due partly to differences
in the roles and cultures of the two communities, as both have different
responsibilities and objectives, as well as expectations regarding information
acquisition and management, and because of differing end uses for that information.
There have been other factors that have affected the interaction between law
enforcement and intelligence. During the 1970's, investigations into improper
domestic intelligence activities uncovered some degree of overreaching of intelligence
into domestic areas. One of the results of these investigations was that the two
communities tended to further distance themselves from one another over concern
about further inadvertent missteps. Then, beginning in the late 1980's, two banking
scandals (BCCI -- Bank of Credit and Commerce International -- and BNL -- Banca
Nazionale del Lavoro) highlighted deficiencies in information management within and
between the two communities. Investigators from Congress and the Intelligence
Community itself recommended that problems relating to coordination and information
management be remedied.
Several other phenomena have focused the attention of the Committee and
others on the future relationship between the two communities. Over the past 10
years, a number of statutes have been enacted that expand the extraterritorial
responsibilities of U.S. law enforcement agencies. Frequently, these laws require FBI
activity in areas that also are of significant intelligence interest - narcotrafficking,
terrorism and proliferation of weapons of mass destruction. Another factor bringing
the intelligence and law enforcement closer together in recent years is that traditional
crime issues such as international organized crime, illegal immigration, money
laundering are becoming intelligence topics as they increasingly are viewed by policy
makers as threats to U.S. national security.
Although the two cultures differ in their rules, objectives, procedures, use of
human sources and standards relating to the quality and quantity of information they
collect, a number of procedures can be established to improve communication and
coordination within the framework of existing directives and statutes. We believe that
there is no need to further clarify the National Security Act of 1947, as amended, or
the subsequent Executive Orders. There is a flexibility in these laws that permits a
reasonable, but well-bounded, range of interpretation that will allow for improved
cooperation and coordination between law enforcement and intelligence without
blurring important demarcations between the missions and authorities of the two
communities.
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For the last two years, a careful interagency review of these intelligence/law
enforcement relationships has been carried out by the Joint Task Force on Intelligence
and Law Enforcement (JICLE). The JICLE has focused on legal policy, operations,
information management and judicial support, and has developed recommendations
and procedures in all these areas. The contribution of the JICLE in trying to resolve
the many issues related to intelligence support to law enforcement is important; the
growing coordination and cooperation between the intelligence and law enforcement
communities is partly a result of the Task Force's efforts. Training will be essential
to bring about better understanding differences in the two communities' objectives and
methods, and in establishing procedures by which the two communities can interface
effectively.
Of these many issues relating to intelligence support to law enforcement, this
study has focused on the issues of tasking, crimes reporting, liaison, coordination of
activities and assets overseas, oversight, limits on searches of Intelligence Community
files, training and the reporting of law enforcement investigatory information to
Congress. The recommendations made in this study focus on legislation, resource
issues and overseas coordination.
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"collection of information concerning, and the conduct of activities to protect against,
intelligence activities directed against the United States, international terrorist and
international narcotics activities, and hostile activities directed against the United
States by foreign powers, organizations, persons or their agents." Thus, the Order
empowers the Intelligence Community to collect and analyze intelligence on the
foreign aspects of traditional law enforcement concerns such as narcotics production
and trafficking, international terrorism and counterintelligence.
Law Enforcement and Intelligence - Two Different Cultures
Even as the law enforcement and intelligence communities have increased
contact due to overlapping interests, problems can arise relating to coordination and
cooperation because the two communities possess different rules, objectives, different
sources and methods, and different standards regarding the quality of information they
collect. Traditionally, intelligence agencies collect political and military intelligence for
policy makers; law enforcement investigators gather information for prosecutions.
There are few rules governing intelligence gathering it generally involves activity
abroad that is illicit or undertaken with the host government's covert cooperation and
does not focus on U.S. citizens. By contrast, law enforcement focuses primarily
within U.S. borders, territorial waters or airspace. In enforcing those United States
laws having extraterritorial application, the law enforcement emphasis is upon crimes
committed by U.S. nationals or upon illegal or foreign activities that affect U.S.
national security, U.S. property or U.S. nationals. Law enforcement activity outside
the United States and within other countries' borders is usually undertaken overtly in
cooperation with the host government.
Further, the two communities have different expectations with regard to the
information they gather. Law enforcement gathers information to build a case upon
which criminals can be prosecuted and sent to jail. A criminal defendant is entitled,
under the Sixth Amendment of the U.S. Constitution, to a speedy public trial. The
Constitution guarantees a defendant notice of the charges against him, the right to
confront his accusers, the right to counsel and the right to subpoena witnesses on his
own behalf. Further, the prosecution must disclose to the accused any potentially
exculpatory materials that it has in its possession. In public criminal trial proceedings,
law enforcement information therefore should be unclassified, and reliable and
accurate enough to establish proof beyond a reasonable doubt in a courtroom. (The
1980 Classified Information Procedures Act (CIPA) provides for certain pretrial, trial
and appellate procedures for criminal cases involving classified information. CIPA is
designed to take into account the sometimes competing needs of the prosecution, the
constitutional rights of the criminal defendant, and the national security concerns of
the Intelligence Community.)
In contrast to law enforcement, the Intelligence Community gathers tremendous
amounts of information based on a complex set of needs and requirements established
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by the policy makers it supports. This information can be collected simply to develop
understanding of an issue, not necessarily in preparation for an action. Unlike law
enforcement information, much of this data is of questionable reliability.and obtained
only on the understanding that it will not become public knowledge. The collected
information is reviewed and evaluated by intelligence collectors and analysts who
gauge its reliability and accuracy.
By contrast, law enforcement investigators and prosecutors obtain their case
information from interviews, statements and affidavits from prospective witnesses,
searches, physical or electronic surveillance, documentary information obtained for a
variety of sources, grand jury proceedings and informants. Their investigative
techniques must comply with constitutional mandates such as the Fourth
Amendment's general prohibition against unreasonable searches and seizures and,
absent circumstances fitting within specific exceptions to the general rule, its warrant
requirement. Judicial decisions, statutory language, Attorney General guidelines and
other internal directives may also clarify appropriate investigative limits and
techniques. The statutory standards for physical searches and electronic surveillance
in the foreign intelligence context differ from those applicable in a criminal
investigation.
Law enforcement informant information can come from either long or short-term
human sources. Long-term informants may be used to assist in a prolonged
investigation of complex criminal activities or of a criminal organization, or they may
be used for their assistance in more than one investigation. These valuable sources
are seldom revealed in prosecutions. Instead, law enforcement investigators may
develop informants whose contributions are expected to be more short-term in nature.
These informants supply case-related information, and their relationship with law
enforcement generally terminates when the case is closed. By contrast, human
intelligence sources are almost all long-term assets recruited overseas by case officers.
Additional intelligence comes from national collection capabilities that include imagery,
communications and signals intelligence. These collectors gather a myriad of
information - but they are designed to be long-term capabilities to collect against
certain types of targets. The key to their longevity is the understanding that they will
not be compromised, such as could be the case if the information is used improperly
in a law enforcement action or the source is required to testify before a grand jury or
court.
Separation Between the Two Cultures
Over the past 50 years, the intelligence and law enforcement communities have
operated in largely different spheres, separated by mission, culture, scope of activity
and law. Several major changes have occurred within the past decade that have
complicated this fundamental orientation of the two, pushing them further apart or
closer together. In the 1970's, scandals that involved overreaching into U.S. domestic
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Congressional pressure for change and the growing recognition by both communities
that, because of changing law enforcement jurisdictions and world developments, the
two would be working in closer proximity to each other, prompted the formation of
an interagency task force to work on these problems and other issues of concern.
That initial task force, and the one that followed, found this job to be larger and more
complicated than anyone had anticipated.
Interagency Task Forces
The first task force was begun in 1993, at the behest of then Director of
Central Intelligence James Woolsey and Acting Attorney General Stuart Gersen. This
interagency group was headed up by Deputy Attorney General Mark Richard and CIA's
General Counsel, Elizabeth Rindskopf. The task force's mission was to consider the
broad range of issues that affected intelligence and law enforcement community
interaction and what measures could be taken to improve coordination, with particular
focus on the problems brought out in the BCCI and BNL investigations. In August
1994, the task force issued a report that included 23 recommendations to improve
coordination, including the establishment of liaison offices to provide prosecutors with
a better understanding of what intelligence support is appropriate. Although the report
concluded that both intelligence and law enforcement have "sufficient legislative and
regulatory authorities to cooperate effectively," the task force did not provide concrete
resolutions of coordination issues. Rather, it recommended that working groups be
formed to continue to resolve the problems outlined by the task force.
In early 1995, several groups were formed to carry out the first
Richard/Rindskopf recommendations. The Intelligence Community-Law Enforcement
Policy Board was established in May to meet quarterly on issues of mutual concern
to the Attorney General and the DCI. The Board is co-chaired by DDCI George Tenet
and Deputy Attorney General Jamie Gorelick. Membership on the Board includes all
of the law enforcement and intelligence agencies, the Assistant Secretary of State for
Intelligence and Research and the Defense Department's General Counsel.
Two working level groups were established to report to the Policy Board. The
first is the JICLE or Joint Intelligence Community-Law Enforcement working group.
This group's job is to address the specific problems identified in the Rindskopf-Richard
report. A second group, the Special Task Force on Law Enforcement-Intelligence
Community Coordination, has the responsibility of developing guidelines for overseas
coordination between the two communities.
Other Factors Push Intelligence and Law Enforcement into Closer Relationship
In the past few years, the physical and functional separation of law enforcement
and intelligence has lessened.
One impetus to a closer relationship has been
deficiencies in information sharing brought out by the BCCI and BNL investigations.
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But there are also other factors that have been pushing the two communities into a
closer relationship. There has been a major shift in the world order that has taken
place since the fall of the Soviet Union and the end of the Cold War. There have also
been changes in law responding to transnational criminal activities that are
increasingly affecting the United States.
The 21st Century World
The world of the 21st Century is one that will be increasingly interconnected.
The speed of transportation, efficiencies in the movement of goods and the electronic
transmission of information and money represent new mediums in which transnational
activities - legal or illegal -- can flourish. The criminal enterprises that will thrive in
a globalized world will inevitably cross many nations' borders. More than ever before,
law enforcement agencies are finding that crimes are being visited upon the citizens
of one nation by the residents of another.
Some of the more significant criminal activities that are of greatest concern to
policy makers are illegal finance activities (including money laundering), car theft rings,
the movement of prohibited goods, precursor chemicals, nuclear, biological or
chemical weapons, and illegal toxic waste dumping. In addition, crimes such as drug
trafficking, money laundering and alien smuggling that were typically of national or
regional effect only a few years ago now cause problems worldwide.
Growing Number of Extraterritorial Statutes
There is a limited inventory of federal extraterritorial jurisdiction that includes
crimes committed aboard American ships or planes; offenses which imperil or misuse
our foreign commerce with other nations; misconduct, like genocide, terrorism or air
piracy; overseas theft or destruction of the property of the U.S. government; the use
of violence against its officers or employees, or the obstruction or corruption of the
functioning of its agencies overseas. Finally, there is federal extraterritorial jurisdiction
over activities outside the U.S. that result in or are intended to result in harm within
the U.S., such as drug trafficking. There are also state crimes that can have
extraterritorial application. These vary from state to state and include misconduct
such as theft, murder or conspiracy. State laws tend to be more detailed and
restrictive in purpose and interpretation.
Why is International Crime a National Security Concern?
The internationalization of crime can create a security gap for any nation. The
detrimental effects of crime can be proportionately greater in smaller nations, and
particularly threatening to emerging democracies. For example, most nations today
are struggling with fiscal deficits. Money laundering and other criminal activities
compound debt problems because very large sums of money are lost as taxable
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revenue. Corruption and bribery, caused by and causing criminal activities, can stand
in the way of legislating effective enforcement laws. Corruption and illegal activities
can stymie pro-democracy efforts because of the pressure debt problems can put on
an economy and social welfare. Moreover, the presence of significant criminal activity
can make it difficult for a nation to attract the commercial investment needed to make
its economy grow. Thus, the inability of countries to deal with crime has a
destabilizing effect; also, the criminal activities taking place within their borders can
have a reach far beyond those borders.
In order to put the international wrong-doers out of business, all affected
nations must be willing and prepared to enact and enforce laws that make it difficult
for criminals to operate within their borders. For example, money launderers will do
their worst where laws prohibiting illegal transfers of funds are lax and they can
expect to escape scrutiny. They will also operate where corruption is prevalent
enough to protect them from disclosure.
Transnational problems inevitably raise the issue of international cooperation as
one means of response. It is interesting to consider the role of the State Department
and law enforcement community in combatting international crime problems, especially
as both are expanding into this area. In late 1995, the State Department renamed its
Bureau for International Narcotics Matters (INM) to the Bureau for International
Narcotics and Law Enforcement Affairs. At the time of the reorganization, a Deputy
Assistant Secretary was designated to focus on International Crime and Policy
Planning.
This official is responsible for the development and implementation of
foreign policy initiatives to counter international criminal threats to U.S. national
interests and programs to strengthen criminal justice institutions in support of
Administration of Justice/Rule of Law Programs. The State Department is urging
better coordination between all entities of the Government that have an interest in
international organized crime. For its part, the Justice Department is involved in a
number of the Rule of Law Programs, which involve a variety of overseas training
assistance activities. The law enforcement community generally has been supportive
of the State Department's efforts to better coordinate these programs.
The growth in law enforcement's overseas presence and investigatory activities
has produced a sharper debate over the roles of intelligence and law enforcement
agencies overseas, with most discussion focusing on the degree to which the Justice
Department will coordinate its activities with the Ambassador.
The Justice
Department has expressed a willingness to inform and coordinate with a designated
embassy official regarding its activities in country. Indeed, such coordination is
required by law (22 U.S. C. 3927). However, Justice draws the line at allowing any
embassy official to become involved in prosecutorial decisions relating, for example,
to whether a case will be pursued. Discussions on this issue are ongoing; a
Memorandum of Understanding relating to coordination of law enforcement activities
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overseas is expected sometime in 1996, as is a report from the Overseas Coordinating
Group, whose task it is to resolve the myriad of coordination issues that can arise
abroad.
Liaison/Coordination of Assets
In a recent statement, Deputy Attorney General Jamie Gorelick stated that the
FBI intends to recruit informants and engage in operational activities overseas. There
are varying opinions on the degree to which the FBI will be active in this area, as well
as how broadly the term "informant" is to be interpreted. In reality, most law
enforcement contact with informants is to be done openly, and with the knowledge
and consent of the host government. As pointed out earlier in this report, use of
informants is much a part of the FBI's criminal investigative repertoire. The Drug
Enforcement Agency (DEA), an organization with a large cadre of officers overseas,
also uses informants. Although relations have not always been perfect, by and large,
where the DEA and CIA are both present in country, coordination between the two
agencies has worked and should continue to improve. However, there remain a small
number of instances where the FBI, in particular may become involved overseas with
clandestine sources recruited in the U.S. In such cases, the FBI cooperation with the
CIA on these activities is imperative, and efforts are underway on the part of both
organizations to strengthen the conduct of these activities.
At a minimum, we believe that recruiting of and contact with confidential
informants overseas by the law enforcement community should be coordinated
through the Chief of Station. We recognize that to a great extent this is already being
done, although not consistently.
We understand that there will be criminal
investigative activities occurring in areas that are not subject matter of interest to
intelligence. In these cases, there may be benefit derived from law enforcement's use
of intelligence information for contextual information, but coordination of activities
themselves will not be a factor.
Increased FBI presence overseas has highlighted other issues relating to the
relationship between the FBI and the CIA. For example, there has been some debate
over the conduct of liaison with law enforcement and security services. Some have
posited that the FBI should have sole responsibility for liaison with foreign law
enforcement entities. The argument is that law enforcers relate best with other law
enforcers, and the presence of CIA liaison raises the specter of possible recruitment
attempts, which can have a negative influence on law enforcement cooperation. The
FBI has argued that its reputation as a respected law enforcement entity could be
tarnished should a CIA recruitment of a foreign security representative to go awry.
DEA officials have also expressed concern that its law enforcement image might suffer
in some countries should its association with the CIA become known.
These'
arguments have some merit, but are not necessarily relevant where security and
intelligence organizations are one in the same. Another factor that weakens the
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exclusivity argument is that corruption is frequently a significant problem overseas.
Given the focus of many law enforcement investigations, it might unwise to deny the
CIA potential access to those who might inform on the nature and extent of corruption
in their country. For these reasons, we oppose any effort to preclude the CIA from
having liaison with law enforcement overseas, although there may be cases where it
would be appropriate for the FBI to be the primary liaison. The CIA has a long history
of involvement with overseas security organizations and should not be denied
continued contact in this area. Basically, this is a problem that can be less settled by
a commitment to careful coordination between the intelligence and law enforcement
communities.
Just as law enforcement must have primacy regarding any transnational activity
undertaken inside the United States, we believe the CIA should have local primacy in
pursuing transnational issues in foreign countries. This means the Chief of Station
must have full cognizance of law enforcement activities where intelligence interests
may be affected, except where such information may be specifically denied him or her
due to grand jury secrecy requirements as set forth in F.R.Cr. P. Rule 6(e), which
precludes disclosure of matters occurring before a grand jury.
Searches of Files
One of the problems highlighted by the BNL and BCCI investigations is that
intelligence was not conveyed to policy makers as thoroughly, meaningfully and
consistently as perhaps it could have been. As discussed earlier, there were also
flaws in the Justice Department's handling and management of intelligence
information and reporting. As the interagency task force has sought to improve upon
procedures relating to the provision of intelligence to law enforcement, two significant
problems have arisen. The first questions to what degree intelligence agencies should
(and can be) expected to report criminal activities to the Justice Department. The
second information-related issue is the protection of intelligence files from exculpatory
searches during the prosecution of a criminal or civil case.
Reporting Requirements
In 1982, a Memorandum of Understanding (MOU) between the Justice
Department and the Intelligence Community established Intelligence Community
obligations to report evidence of criminal activity relating to intelligence assets or
information uncovered during the course of collecting for other intelligence
requirements. In recent years, representatives from both communities had come to
recognize that some revisions of the MOU were needed to reflect changes in law and
policymaker interest.
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In August of 1995, a new Memorandum of Understanding was approved. As
before, the MOU requires the Intelligence Community to report suspected significant
criminal misconduct by officers, employees, contractors or agents. Among other
things, the MOU represents an attempt to minimize the number of special reports that
will be required of the Intelligence Community. Because intelligence analysts are not
experts in criminal law, and for other reasons stemming from the nature of intelligence
information, we believe that reporting requirements should not include possible
violations of law involving third parties acquired during foreign intelligence collection.
This information should be disseminated as part of routine intelligence to law
enforcement agencies. Considering the unfortunate experiences of both communities
relating to BCCI and BNL, we believe that making the process more efficient should
be one goal of the new MOU. There is also concern that intelligence analysts are not
the proper people to review all information for potential criminal activity. Attempts to
train or hire intelligence analysts to perform such functions may move the Intelligence
Community into proscribed law enforcement responsibilities.
Unfortunately, it is almost inevitable that at some point some tidbit of
information will be overlooked by the Intelligence Community or the recipient law
enforcement agencies, creating to some extent a reprise of the "banking" case
problem.
In light of the vulnerability to post facto judgments regarding the
significance of criminal-related information, recent problems relating to "criminal"
activities of human sources, and the current debate over what reporting should be
required of the Intelligence Community, we may wish to consider statutory or other
language that will set forth "reasonable" expectations and goals in these areas. It also
may be wise to require some form of periodic reporting to Congress on some of these
matters.
Limits on Searches of Intelligence Community Files
In the overall intelligence/law enforcement relationship, serious problems can
arise when, during the course of a prosecution, the defendant feels there is reason to
believe there may be exculpatory evidence related to him or her in Intelligence
Community files and requests a search and a Brady (Brady v. Maryland (1963)) ruling.
Searches like these pose an enormous threat to intelligence sources and methods.
Yet, the closer intelligence agencies work with investigators, the more likely it is that
file searches will be sought.
There are several ways to reduce risk in this area. One is to limit the use of
intelligence for law enforcement purposes. Another, assuming there is a compelling
benefit in so doing, is to employ parallel investigatory efforts that keep intelligence out
of the investigatory record. This is frequently done in customs cases and has been
effective in the drug trafficking area. Another recommendation is to establish a
"Center" that would focus on the use of intelligence in prosecutions. This Center
might be staffed by Intelligence Community and Justice Department lawyers. The
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Center would be the focal point for the Intelligence Community and law enforcement
agencies once a decision has been made to use intelligence in pursuing the law
enforcement action. Finally, the Justice Department is attempting to establish a
protocol that governs when Intelligence Community files may or may not be searched.
The Department wishes to limit searches to that intelligence used in developing cases.
It does not appear that any statutory provisions to restrict discovery to protect
intelligence sources are required at this time. There are concerns that legislation might
be counterproductive, as such restrictions would likely to trigger greater interest in
discovery actions and challenges by defense attorneys.
The intelligence and law enforcement communities agree that regardless of
what standards are applied to permitting searches, the searches themselves must be
conducted with maximum focus and coordination. By requiring prosecutors to closely
define their search requests, the Intelligence Community may be able to conduct a
timely and thorough search related to the specific framework of the search request.
Specificity on the part of the request will help limit expectations that the Intelligence
Community will search for every piece of information in all its files, which is
burdensome and even unreasonable given the nature of much intelligence information
collected.
Tasking
This issue pertains to whether and how law enforcement may "task" the
Intelligence Community to collect intelligence related to a specific subject matter. As
the intelligence and law enforcement communities have both become increasingly
involved in the international aspects of weapons proliferation, terrorism, drug
trafficking, international organized crime and the like, it is not surprising that law
enforcement has been eager to consume the Intelligence Community's considerable
wealth of information on these subjects. Much of this information is disseminated to
law enforcement and other agencies as strategic intelligence. It has followed that in
seeing these capabilities, law enforcement would at times like to task the intelligence
community to collect on specific subjects. Of all the issues before the Interagency
Task Force, this one has been the most difficult to resolve.
As it now stands, neither the National Security Agency (NSA) nor the CIA will
accept tasking. Both organizations adhere to what is called the principal purpose
test, which is that the main purpose of the collection is foreign intelligence. For its
part, the CIA's Operations Directorate has agreed to a "tagging" procedure and will
collect in response to a law enforcement request if the information has some foreign
intelligence value. As long as the subject is a foreign person engaging in terrorism
or weapons proliferation or other illegal activities, the principal purpose test is no
problem. Problems arise when a foreign person of interest to the Intelligence
Community enters the United States, or if there is an impending arrest and
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prosecution. This is when problems arise relating to the protection of sources and
methods in future court action, and when more rigorous analysis of law enforcement
versus intelligence interests is required.
The JICLE task force has been meeting for months on the tasking issue and has
concluded that both communities must steer away from tasking as much as possible.
According to the report of the task force, "One way to minimize risks and ensure that
case-specific collection is undertaken in a manner consistent with pertinent legal
authorities is for law enforcement to provide target-specific lead information to
Intelligence Community agencies. These agencies would determine if collection
against that target would produce foreign intelligence. If the collection is done, the
resulting information is to be disseminated to all interested consumers, as well as the
law enforcement agency that provided the impetus for the collection." We believe this
is the correct approach to take.
Training
The JICLE has recommended training for intelligence and law enforcement
personnel to facilitate coordination and cooperation between the two cultures, and to
educate participants on the laws, regulations and procedures that make the
coordination process work. For example, Justice has been developing a training
program for U.S. District Court judges on national security matters, to describe
circumstances when it is permissible to disclose grand jury material to the Intelligence
Community, and on the applicability of CIPA to all classified information, including the
identity of intelligence agents. As the JICLE recommendations are accepted and
incorporated as a way of doing business, training like this will be essential. It is
unclear at this point how much the training will cost or how extensive the training
should be.
Most likely the greatest cost associated with training will be travel
expenses for trainers and trainees. The cost should not be large; it is more a matter
of competing for funds with other Department needs and objectives that may
necessitate congressional interest in seeing that training will be carried out. JICLE
believes that investigators and prosecutors, judges, intelligence officers, defense
attorneys, congressional staffers and possibly the media would benefit from education
programs. One proposal was to establish a Joint Law Enforcement/Intelligence
Community Training Committee to assess training needs, evaluate training options,
and prepare and deliver the training. Requests for additional funds for this training
should be supported in the FY 97 authorizations of the intelligence and law
enforcement communities.
Oversight Issues
One of the problems raised with regard to the closer nexus of intelligence and
law enforcement is proper oversight of criminal investigations to ensure that criminal
investigators do not adopt less stringent intelligence collection procedures in their
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investigations, thus compromising the civil liberties of U.S. citizens. More specifically,
there are concerns that criminal investigations might be pursued under Foreign
Intelligence Surveillance Act (FISA) strictures, using bogus "intelligence requirements"
as a subterfuge to avoid Fourth Amendment probable cause requirements.
There is some misunderstanding about the distinction between foreign
counterintelligence (FCI) investigations and criminal investigations that has caused
many to mistakenly believe one can readily supplant the other. It is true that FCI
investigations may lead to a criminal prosecution, but FCI investigations are performed
pursuant to Executive authority, as opposed to criminal statutes. Certain techniques
are important to the successful resolution of an FCI case, including Foreign Intelligence
Surveillance Court (FISC) authorized electronic surveillance and physical searches.
The Truong-Humphrey case (4th Cir.) requires that FCI investigations maintain an
intelligence focus. When the focus shifts from FCI to criminal, then investigators can
no longer use FCI techniques. Evidence obtained through the use of FCI techniques
after the focus shifts to criminal investigation would be suppressed. The use of
criminal investigative techniques such as subpoenas and search warrants indicate that
the investigation has a criminal focus. Therefore, investigators of FCI matters are
denied the use of subpoenas, search warrants, grand jury testimony, and other
traditional criminal investigative techniques.
The Justice Department does not see the relationship between these two kinds
of investigations as a problem. The Office of Intelligence Policy Review (OIPR) and
the Office of Legal Counsel work on intelligence gathering activities and authorities,
and make legal rulings on matters such as the appropriateness of maintaining certain
intelligence agents. The principal consumers of intelligence, on the other hand, are
Justice Department entities such as the Drug Enforcement Agency and the Federal
Bureau of Investigation, as well as the non-Justice agencies of the Treasury and
Commerce. There is little overlap between the two groups in terms of common need.
Moreover, the Attorney General is charged with overseeing both the monitors and the
investigators.
In addition to the Justice Department overseers, oversight
considerable. FISA matters receive serious scrutiny by the FBI, OIPR and
Attorney General. FISA cases are the only Justice Department cases that
the Deputy Attorney General and Attorney General's staffs. Reports on
are also provided to the two Intelligence Committee.
of FISA is
the Deputy
are read by
FISA cases
There are two other oversight issues that were brought out by the JICLE
pertaining to the provision of information to Congress. Sections 501 and 502 of the
National Security Act of 1947, as amended, require the President and the DCI to keep
the House and Senate Intelligence Committees "fully and currently informed of all
intelligence activities . . . including any significant anticipated intelligence activity."
There is no formal regulation that defines the circumstances, when the Intelligence
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Community may discuss ongoing criminal investigations with its oversight committees.
The Law Enforcement Community has concerns that in meeting the statutory oversight
requirements, the Intelligence Community will feel compelled to disclose information
pertaining to law enforcement investigations. The JICLE has recommended that the
Intelligence Community coordinate with the Law Enforcement Community before it
briefs Congress on any subject matter with law enforcement implications. A
December 1995 DCI Directive (DCID 2/13-1) confirms that the Justice Department will
be informed before there is congressional notification on intelligence matters that have
law enforcement information. The Directive establishes procedures to ensure advance
coordination and resolution of disagreements between the intelligence and law
enforcement communities on the amount of information that may be provided without
adversely affecting a criminal investigation or prosecution.
Another recommendation from the Task Force's report is that the Intelligence
Community should apply "substantially stricter standards before providing
non-oversight committees with information on ongoing criminal investigations with
significant intelligence implications."
Finally, the JICLE considered current procedures for disseminating clandestinely
collected foreign intelligence that identifies congressional Members or staff. The
current practice is that the identities of such individuals are removed before
dissemination. However, any recipient of the information -- with the exception of the
President, Vice President, Secretaries of State and Defense, and the National Security
Advisor - who wants to know the actual identity may be informed of that identity
upon written request.
The Justice Department has been concerned that this
disclosure policy poses a threat to criminal investigative responsibilities and practices.
When the JICLE met on this subject, several conclusions were reached. First, there
is ample opportunity under the current procedures for the agencies that have collected
this information to bring their concerns to the DCI before the information is provided
to Congress.
Second, due to concerns about interference with ongoing criminal
investigations, the DCI or CIA General Counsel would obtain Justice Department
permission before providing this information to Congress. If that permission were
denied, the information will not be provided. There are some who believe these
procedures should be reconsidered and that reporting to Congress should only be done
when there is some foreign intelligence value to the information -- as opposed to
domestic law enforcement or counterintelligence.
We may wish to consider this issue itself with regard to a need for clearer
standards and procedures for the provision of this investigatory information to
Congress. We, indeed Congress as a whole, should resist any recommendations that
would further restrict it receipt of this kind of information.
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Recommendations
Legislation
1.
There is no need to further clarify the National Security Act of 1947, as
amended, or the subsequent Executive Orders. There is a flexibility in these laws that
permits a reasonable, but well-bounded, range of interpretation that will allow for
improved cooperation and coordination between law enforcement and intelligence
without blurring important demarcations between the missions and authorities of the
two communities.
2.
There has been debate over whether the Classified Information Protection Act
(CIPA) should be amended. CIPA was enacted to provide a procedural mechanism for
use in Federal criminal trials involving classified information. However, outside the
Federal criminal process, there are no CIPA-like processes. Thus, some have
suggested the creation of procedures similar to CIPA for use in civil matters. Those
opposed to this approach believe it is unworkable and unnecessary, and would erode
the viability of the state secrets privilege. Interagency review under the JICLE has
concluded that there is no need for civil CIPA. Because of the complexity of this issue
and the short legislative year this session, the Intelligence and Judiciary Committees
may wish to study the CIPA expansion issue in the next Congress.
3.
The Committee should consider statutory or other language that will set forth
"reasonable" expectations and goals on Intelligence Community reporting on criminal
activities. This language should convey Congressional views on the extent to which
third party activities should be reported to law enforcement by the CIA and
requirements pertaining to reporting on illegal actions by officers, employees,
contractors or agents. The language should express legal requirements and set forth
a national policy regarding the reporting of agent involvement in illegal activities, and
the degree to which such activities should affect continued involvement with that
agent. A balance must achieved between recognizing an agent's unsavory activities
versus the value of intelligence the agent in question can provide and the validity of
the requirement for intelligence that is driving the relationship between the Intelligence
Community and the agent in the first place.
Resources
4.
Training is essential to effective cooperation and coordination between the two
communities. Consideration should be given to the need for additional funding for
training in the FY 97 authorizations of the intelligence and law enforcement
communities. This is an issue that should be worked with the State, Justice and
Commerce Appropriations Subcommittee.
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5.
The Committee should continue to provide strong support to information
management initiatives in the Intelligence Community.
6.
Information management in the law enforcement community needs serious
developmental planning and investment. Information management within the various
law enforcement agencies is deficient; one result of this deficiency is poor information
sharing among these agencies. The Intelligence Community, chiefly through its
Centers, has built electronic data sharing links with the law enforcement community.
The one exception to the link-up is the FBI, which has not participated due to the
inadequacies of its ADP capabilities.
The Committee should encourage and support well-thought-out information
management initiatives by the National Security Division of the FBI. Improvements
here improve the work of the Division's International and Domestic Terrorism Sections.
Information management upgrades for the FBI's Criminal Division, as well as other law
enforcement agencies, are outside the Committees's oversight responsibilities.
However, the Committee should discuss the importance of these needs with
appropriations staff.
7.
During the course of this study, the Committee became convinced that within
the body of investigatory information obtained by law enforcement, there is important
strategic information that is of value to others in the law enforcement or Intelligence
Communities. Without better information management capabilities, at this time it is
fruitless to require law enforcement to disseminate this information. However, plans
for such dissemination should be a factor in planning for future information
management systems.
Coordination
8.
We feel it is unwise to pronounce categorically which agencies (intelligence or
law enforcement) should or should not develop or have contact with human sources
overseas. Applying a rigid directive to an area where there are an endless variety of
cases and unique circumstances would probably do more harm than good. However,
we believe that all anticipated and existing contacts with confidential informants, in
areas where intelligence and law enforcement interests overlap, should be coordinated
through the Chief of Station. The Chief of Station should be consulted prior to any
effort of a law enforcement agency to engage in clandestine activities.
Any
unresolved problems should be resolved at the headquarters level of the parties
involved in a disagreement.
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9.
Some have suggested that the FBI routinely act as the lead law enforcement
agency for the purpose of coordinating law enforcement activities in a foreign country
with the Ambassador. Because there may be other U.S. law enforcement entities in
country that are not Justice Department organizations, designating the Justice
Department as their representative, at least in a coordinating role, is too cumbersome
and unrealistic.
10.
There will be occasions when conflicts will arise overseas between law
enforcement objectives and competing national security interests. We believe these
problems can best be resolved if, from the outset, the Ambassador and the Chief of
Station are kept reasonably informed of law enforcement objectives and plans so that
all parties may weigh the implications of a law enforcement investigation or action in
a particular country before it takes place. In cases where it is agreed that a law
enforcement activity is not problematic or that these interests should granted primacy
over other national security issues, similar interagency discussions in country also
would serve to improve coordination and information sharing. In cases where
differences arise that cannot be resolved in country, before investigations or other law
enforcement activities are initiated, or State Department or intelligence activities are
undertaken that it is believed could adversely affect a law enforcement action, We
believe the conflict should be resolved at the highest necessary levels of government
in Washington.
11.
Some have argued that only U.S. law enforcement should conduct liaison with
foreign law enforcement entities. We disagree with this premise, as set forth in a
series of points made earlier in the body of this study. The CIA should be permitted
to collect information from any foreign individual or entity deemed by the DCI or his
designated representative to be of intelligence interest. Moreover, for the purposes
of coordination, the Chief of Station should be kept fully advised of the law
enforcement liaison activities of all law enforcement agencies in country where
intelligence and law enforcement interests overlap. This level of coordination should
in no way require the unauthorized disclosure to the Chief of Station of restricted law
enforcement investigatory information or cede to the Chief of Station any prosecutorial
authority.
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INTELLIGENCE COMMUNICATIONS
Executive Summary
Since Operation DESERT STORM, there have been increasing calls for improved
and more timely delivery of information products from the intelligence producers to the
end users. Communications has often been described as the critical need to, and
problem in, "moving" information in a timely fashion. Because a significant amount
of Intelligence Community (IC) funding goes into the delivery of products, the
Committee, as part of the IC21 process, reviewed the IC's role in providing
communications as part of its task to disseminate relevant information to its customer
audience. Critical to this review was the Committee's narrowly defined differences
between "communications," the focus of the paper, and "dissemination." Specifically
we defined "communications" as the conduit(s) for moving data from one point to
another. This includes the standards necessary to interface hardware and software
to the communications conduits. Alternately, the term 'dissemination' is defined in
this paper as the process of moving data from one place to another. It includes the
functions of providing information content, formatting it, securing it, transmitting it (in
whatever form), and when necessary interpreting it at the receiving end. Within these
definitional boundaries, the study's conclusions provide three main themes.
First, the IC is fully responsible for timely dissemination of its products.
However, the IC should not be responsible, as a core competency, for developing,
procuring, managing or maintaining the communications required for those
dissemination functions. These are core competencies for the communications
communities such as the Defense Information Systems Agency (DISA), and Diplomatic
Telecommunications Service Program Office (DTSPO) and others. Further, the
concept of Command, Control, Communications, Computers and Intelligence (C4I),
which was a contributing force for the IC to be involved with providing
communications is an artificial construct that does not provide a true integrating force.
Second, the IC should retain some minimal number of communications
professionals to provide the necessary technical interfaces and requirements to the
communications community and to provide those communications needs, esoteric to
the IC, not provided by the professional communicators.
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Finally, there is a need for a thorough review of the IC's communications
requirements to determine current and future needs. Within the construct of such a
review, the IC needs to fully ensure its equipment can properly interface with the
various provided communications media. To do this, the IC's equipment must be fully
compliant with current and emerging communications standards and protocols. This
also includes the need for the IC to ensure its products are available to the end
customers in both the form and format necessary for the specific user.
The full:'study goes into detail on each of the above themes.
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INTELLIGENCE COMMUNICATIONS
Study Purpose
Ever since Operation DESERT STORM there have been increasing calls for
improved and more timely delivery of products (particularly of imagery products) from
the intelligence producers to the information users. Communications (in the form of
"bandwidth") or the lack thereof has often been described as the critical need to, and
problem in, "moving" information (in its various forms) to the users in a timely fashion.
During the fiscal year 1996 budget build, the Committee placed a good deal of
emphasis (and money) on the "downstream" processing and dissemination of
intelligence. Because a significant amount of Intelligence Community (IC) funding
goes into the delivery of products, this study focused on reviewing the IC's efforts to
disseminate its information. Specifically this paper attempted to identify, and make
necessary recommendations for, the IC communications infrastructure, architectures,
systems and capabilities/capacities needed for the 21st century.
The IC funds numerous communications media for the delivery of information
to and among producers and users. These communications media include both the
"bandwidth" (or communications pipes -- whether they are radio links, satellite
communications, or telephone lines) and the equipment (radios, terminals, encryption
devices, etc.) for processing the information at both the transmitting and receiving
ends. Our goal was to determine if the current and projected communications efforts
are logical for the 21st century.
Study Approach
It should be first noted that this is not a scientific study, but rather an
assessment.of intelligence communications management and structures based on
Community expert inputs. At the outset of the study, it quickly became obvious that
an in-depth level of detail was not achievable in the time allotted, or even logical for
a study of the IC. Additionally, the team had no intention to attempt to predict
specific communications spectra, bandwidths, data throughputs, etc. Such analysis
was beyond the scope of this effort and would have been merely guesses for needs
10 to 15 years into the future. The team interviewed experts and leaders from both
the intelligence and communications communities. This study, more than any other
IC21 study, was limited in scope and nature -- and nearly terminated as formal study
-- specifically by the fact that the IC does not "own" communications ("pipes") or any
specific portions of the RF spectrum, nor is the function of communications a core
mission for the IC. The IC requires the support of the communications community,
and is actually better defined as a customer of communications. After an adjustment
of the original goal, the study did attempt to qualify this external support and provide
recommendations for any improvements. For the purposes of this report, we have
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generally aggregated the Defense Information Systems Agency (DISA), the Joint Staff
J6, the Diplomatic Telecommunications Service Program Office (DTSPO), the Military
Communications and Electronics Board, the service and agency communications
directorates, and so forth, under the rubric of "communications community" (CC).
Also, it is important to acknowledge a difference between "communications,"
the focus of this paper, and "dissemination."
In the context of this paper,
"communications" is defined narrowly as the conduit(s) for moving data (regardless
of data type): from one point to another. This definition includes the standards
necessary to interface hardware and software at either end of the communication
conduit. Alternately, the term "dissemination" is defined in this paper as the entire
process of moving data from one place to another. It includes the process of
providing the information content, formatting it, securing it, transmitting it (in
whatever form), and when necessary interpreting it at the receiving end. These
definition explanations are important in understanding the thrusts of this paper.
General Conclusions
A. The IC is responsible to its customers for timely dissemination of its information
products in the required forms and formats.
However, the communications
needed to disseminate these products are not, and should not be, a core
competency for the IC. This core competency is more justifiably a function for the
CC.
Within this context, the CC should be the "provider" of the IC's
communications and communication infrastructures and the IC should, as the
"customer," state specific and well-defined communications requirements. Despite
this general position, some intelligence operations, particularly clandestine/covert,
will continue to require some unique organic IC communications capabilities.
B. The concept of Command, Control, Communications, Computers, and
Intelligence (C4I) is a construct that, ostensibly, integrates operations, intelligence
and communications into a cohesive and seamless entity. The concept was
developed to reduce the we (intelligence) and they (operations) mindsets that
hampered true integration of operations and intelligence. However, C4I is more of
an artificial construct that "makes for good press," than a true integrating force.
Additionally, the current and foreseeable organizational structures and procedures
do not provide for true C4I. Regardless, C4I is a good concept for moving to an
integrated future and it will be more relevant in tomorrow's integrated (military)
ops/intel and communications environment.
C. Timely delivery of intelligence products to users in the proper form is a general
IC weakness. The Community historically has developed, or added, intelligence
product delivery (including communications systems) as an afterthought in the
development of intelligence capabilities. The IC could benefit from a more
integrated communications architecture and process which is thoroughly
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position to make the necessary decisions for ensuring proper communications
are available to all users. They are also in the best position to provide the
"integration layer" (the technical buffer, if you will) between the rapidly
evolving communications media and the end users.
2)
The technical focus of all modern communications needs is driving
toward commercial solutions and equipment. The U.S. Government (USG) is
no longer in the position, nor does it need, to provide the majority of the
communications paths for its command and control and support (including
intelligence) needs. With the exception of satellite communications, the USG
is behind or rapidly falling behind the commercial market in terms of being able
to provide cost effective, robust, and flexible (flexible bandwidth on-demand,
for example) communications. Therefore, proper leveraging of the commercial
market provides the greatest potential for ensured, cost-effective
communications support. Such leverage will only be possible by aggregating
communications needs and having a professional organization (or organizations)
negotiating with the commercial carriers for the bulk "bandwidth," "pipes" and,
increasingly, the communications services themselves. The latter will be true
as communications providers will increasingly be able to provide communication
network services as well as the communications circuits to meet government
requirements.
3)
A few words on the Diplomatic Telecommunications Service Program
Office (DTSPO) can illustrate the thrust of these arguments. DTSPO is a
centralized communications organization. Over 40 agencies (including the IC)
have their requirements aggregated and satisfied by DTSPO.
DTSPO's
approach allows for the use of a single communications "pipe," commercially
provided, into an embassy. Because DTSPO aggregates the requirements, it
can acquire the necessary bandwidth competitively. And, since the commercial
providers have a financial incentive to be the most effective (both in terms of
cost and capability) provider "on the block," DTSPO can negotiate the best
product for cost. Additionally, as the commercial technologies change, DTSPO
can go to the commercial providers to recompete the requirements. Again,
financial incentives motivate the commercial providers to provide the best
possible service. Under this approach, DTSPO can design and optimize the
necessary infrastructure(s) to handle all requirements -- voice, data, secure
voice/data, etc. Since the group of requirements is consolidated, there is no
need for separate communications infrastructures to satisfy the needs.
4)
Because of the commercial industry leaps in capabilities, the future
government communications planner, particularly IC communicators, will
become less the providers of communications, and more the experts who
understand the commercial providers and know how to best employ/exploit
these commercial capabilities. Again, the best use of USG resources will be to
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Standards for the Community, and review current capabilities and develop
migration plans to meet developed architectures and standards. This will
require that IC communications professionals be sufficiently technically
proficient in IC terminals, computers, systems, etc., as well as with the
communications "pipes" and providers to be able to logically identify specific
requirements and ensure the CC provides the necessary "bandwidths."
Additionally, the ISO's organic communications experts need to develop or
procure the critical "specialized" communications requirements/services for
those few users not specifically provided for by the CC. This would include the
specialized needs of direct down-link systems, specific data relay systems,
collection system unique data links (such as the common data link from the U-2
and others), covert communications, etc. However these should be the
exception rather than the rule.
In order to coherently make this
recommendation a reality there is a need to consolidate the IC's
communications professionals into a Community-wide Infrastructure Support
Office. This would require that all agencies and services communications
professionals be assigned within this single organization (presumably, then,
with a single reporting chain and boss). Such a consolidation will be painful
and (likely) bitterly opposed. However, it would provide better Community-wide
communications continuity, most likely a reduced force structure need, and
would dove-tail nicely into recommendations being discussed in the Intelligence
Community Management staff study.
B. The concept of Command, Control, Communications, Computers, and
Intelligence (C4I) is a construct that, ostensibly, integrates operations, intelligence
and communications into a cohesive and seamless entity. The concept was
developed to reduce the we (intelligence) and they (operations) mindsets that
hampered true integration of operations and intelligence. However, C4I is more of
an artificial construct that "makes for good press," than a true integrating force.
Additionally, the current and foreseeable organizational structures and procedures
do not provide for true C4I. Regardless, C4I is a good concept for moving to an
integrated future and it will be more relevant in tomorrow's integrated (military)
ops/intel and communications environment.
1)
The basic concept of C4I considers communications, computers and
intelligence as fully integrated into, and coordinated with, command and
control of operations.
However, most respondents believe today's C4I
construct is mainly focused on communications and intelligence support to
operations, rather than "achieving the goal of integrating communications into
all operational enterprises such that mission people can focus on the mission
and the infrastructure people can focus on the infrastructure."3 Today's
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constructs of ASD (C3I) (separate from operations for example) and the
services' Napoleonic organizational structures of J2 (intelligence), J3
(operations), and J6 (communications) does not well foster this concept.
Therefore, there is a valid argument that can be made that C4I is simply a
well-intentioned term rather than reality.
2)
There is a C4I document that states that the concept of the C4I
"infosphere contains the total combination of information sources, fusion
centers, and distribution systems that represent the C4I resources a warfighter
needs to pursue his operational objective."4 The thrust of this concept is that
all available information, regardless of source (including the IC) must be virtually
available any time any where to any user (user not being defined). In today's
organization and systemic structures, "C4I systems" are typically designed and
developed to follow the specific "chain of command." Often, this chain of
command does not include all specific (or varied) end users of information
provided by disparate sources. For example, there is little to no ability to get
imagery from a UAV directly to a soldier in a foxhole even though this may be
technologically feasible. Often these "chains of command" specifically deny
information because of the "knowledge is power" paradigm (commanders do
not always want or need uninhibited "total knowledge" at all echelons). This
effectively denies, or at best, inhibits the true concept of C4I. Additional
barriers, more esoteric to the IC, also need to be overcome. These include
intelligence data (e.g., source identification) policies and security. Specifically,
the IC needs to take a fresh look at intelligence data to see what can logically
and safely be downgraded to unclassified (or at a minimum, collateral SECRET)
levels. Today's "infosphere" requirements -- that is information dissemination
requirements can be satisfied, but only by digital communications systems
developed with, and focused on, recognized standards that allow for the totality
of integrated operations/intelligence/maintenance/logistics/etc. The IC needs
to ensure any communications systems it develops or uses conforms to the
user standards and are available to any user at any level and at any necessary
security classification level.
3)
The concept of "C4I for the warrior" is not well considered when
discussing CIA support to military operations. CIA support to the "national
collection requirements" needs to remain separate from the military concept of
C4I, but not from the concept, where possible, of standardized structures that
provide integrated operations, intelligence, logistics/maintenance, and
communications to users (again, at any level and classification).
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4)
It should be noted that intelligence support within the concept of C4I is
becoming more a part of the operational users' everyday thinking. However,
this needs to be further improved. LtGen Minihan, Director, DIA, has stated
that the IC of the 21st century will be a warfighting participant, not a
warfighting support agent. This concept of participation (vice support) is
critical, for // this does not become a norm, the concept of C4I will fail to fulfill
its potential. Simply stated, intelligence must become a warfighting weapon
employed by the user just as is a radar or a gunsight.
5)
As a further thought on the concept of C4I, but more specifically focused
on the support to military operations mission, intelligence operations of the
future must be thoroughly integrated into the users' operational and support
mechanisms (read: hardware systems) to ensure viability and utility. Logically,
the future SMO communications environment will be completely seamless (and
transparent to the user) with C2 and intelligence communications riding on the
same hardware (user terminals and transceivers) with multi-level security
systems. Intelligence systems will have to be integrated with these operational
systems as the tactical consumer should not have to tolerate supporting
multiple, stand-a/one pieces of equipment.
6)
There is one additional commentary on IC communications supporting
operational users. Far too often, intelligence support communications are
"cobbled together" to satisfy operational requirements for a given location or
contingency. (The current communications architecture being developed for
Bosnia is a case in point.) This is true since much of the IC's communications
support/architecture is designed for in-garrison use and there is usually little to
no preplanning for the communications architectures of specific (contingency)
locations. This is partly due to insufficient planning and exercise done within
the IC to develop or practice with contingency communications systems,
architectures, and links. It is also largely in part due to the fact that the IC can
not possibly prepare for every unknown situation. However, there is still a need
for the IC to exercise its communications systems, particularly those in the
theaters outside the continental United States, regularly to validate their
architectures and designs, and to ensure that stated user requirements, in the
continuum from peace through war, can be met.
F/hc/Zngs/Recommendations
7)
"Intelligence communications" must be better designed to provide
"deployed" support as well as "in-garrison" support. Such support must be
transparent to the user during deployments to the operational theater. This
requires a "virtual communications infrastructure" that is either independent of
location (i.e., not bound by physical connections) or provided with (and trained
on) adequate physical communications media for world-wide deployments. Use
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10)
In order to ensure that the necessary communications support for the
dissemination of intelligence products is continuously available (particularly for
contingency operations), IC communications requirements must be well thought
out and capabilities planned prior to any operation. Additionally, to ensure the
compatibly of intelligence systems with supporting communications systems,
the IC needs to specifically identify (or be provided) all interoperability
requirements at the outset of an intelligence system's development.
11)
The Office of the Department of Defense should reassess the current
organizational structure of Assistant Secretary of Defense (Command, Control,
Communications and Intelligence). This organization is based on the concept
of integrating communications and intelligence which, as stated above, is a
logical operational imperative. However, also as stated above, intelligence is
a unique (not communications) function that relies on communications support,
just as does the operations, logistics and maintenance functions. The ASD(C3I)
organizational structure supports this argument by disassociating the
intelligence and communications functions into two separate Deputy Assistant
Secretaries -- one for Intelligence and Security and one for Communications.
DoD should relook this organizational structure to more logically and
appropriately focus intelligence functional core competencies and the
communications support core competencies.
C. Timely delivery of intelligence products to users in the proper form is a general
IC weakness. The Community historically has developed, or added, intelligence
product delivery (including communications systems) as an afterthought in the
development of intelligence capabilities. The IC could benefit from a more
integrated communications architecture and process which is thoroughly
considered, designed and developed at the outset of an intelligence system's (and
operational user's system's) development. Additionally, data throughput (usually
equated to bandwidth) is typically not adequate.
1)
Although the IC suffers from several communications delivery shortfalls,
two primary issues boil down to limited bandwidth and system incompatibility.
The first of these is typically result from the development and use of stovepiped
systems designed for single purposes (i.e., movement of imagery).
Communications bandwidth is expensive. And when communications are
developed or purchased for stand-alone capabilities, typically they are
(minimally) sized for the specific, single purpose. This can result in inefficient
use of the bandwidth (the communications media are not used full time), and
the need to buy duplicative communications (for the other stand-alone
capabilities). Also, as stated above, the IC's communications systems are often
not compatible (particularly in terms of security devices) with the users'
communications systems. Far too often the IC employs systems with security
devices designed for classification levels higher than what the users can, or
304
want to, employ. This forces system incompatibility, and therefore the need for
additional equipment (to translate one for the other).
2)
Because of their more limited flexibility (access to multiple
communications paths), the IC's "stovepiped" communications systems may
be more susceptible to Information Warfare (IW) attacks than is the more
flexible DISN system of systems. This is not to say that DISN is not susceptible
to such attacks, but it is to say that a coordinated, centrally-managed,
communications architecture may provide more robust flexibility, and therefore,
survivability, than what the more stand-alone IC systems can provide today.
It should also be noted, that some respondents stated the IC's systems may be
less vulnerable to such attacks because of their increased security. This may
be true, but, again, the robustness (communications path flexibility) must be a
consideration in such discussions.
3)
The IC's communications capabilities have often been too highly
classified for users to receive directly. This has forced analysis or fusion
centers to review and selectively downgrade information before it can be
provided to users. Fortunately, systems such as the Tactical Information
Broadcast Service (TIBS) provide automatic security downgrading such that the
information can be provided directly from the producers to the tactical (and
other) consumers. This sort of automatic downgrading needs to be expanded
where possible. Additionally, there is a need to review security practices at all
levels to determine downgrade potentials of any/all data. As stated before, a
goal should be that no IC data provided to the user is classified higher than
collateral SECRET.
4)
A finally word on DISA. In addition to the DISN, DISA has also
developed the Defense Messaging System (DMS). DMS will provide the
Community with standardized message handling. This program, and particularly
its cryptographic components, have the potential to greatly increase the ability
of the IC (and others) to use common platforms (user terminals, etc.) and
common communications infrastructures while maintaining (electronic)
separation for security purposes.
Fin din ps,'Re commendations
5)
The IC should not maintain separate communications systems (the
communications media or hardware), particularly after DISN is fully
implemented. The IC should specifically and thoroughly state data rate and
capacity requirements to the applicable providers and user within the CC. The
communities (user, intelligence, and communications) should then decide on the
standardized formats, hardware, etc, to ensure logical, coordinated, and
seamless communications can occur.
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6)
To ensure required data movement, the IC should be fully compliant with
the emerging standards of the GCCS and the DISIM whenever and wherever
possible. Compliance should not be selective. However, there may be specific
and unique requirements of the clandestine or special forces operations, for
example, that must be considered and satisfied. These, may not be satisfied
by the standardized communications structures and capabilities.
7)
Although more a function of the dissemination process rather than
specifically communications, the IC should review security practices for current
applicability. The IC has historically (at least from the users' perspectives)
remained behind the "green door" of security. This has allowed, and in fact at
times, forced the IC to take separate paths (apart from the user community)
relative to communications. This cannot be allowed to continue. The IC needs
to review its security practices to ensure that only those elements which need
protecting are, in fact, protected, while providing the user the most amount of
useful data possible and necessary. Often, for example, the IC needs only to
highly protect the source of information, but not so much so the information
itself. The IC needs to relook its security requirements to ensure only that
which needs protecting, is. This should include a review of what data elements
can be automatically downgraded via machine such that the sources of the data
can not be discerned.
D. The IC funds numerous communications systems and associated equipments.
Some of this practice should continue. However, in this context, the IC must
become the communications "retailer" and the communications community must
become the "wholesaler." That is, the CC must be involved at the outset with,
and have coordination authority over, such developments and operations. It should
provide specific standards and interface protocols to which IC systems should be
designed. While the CC should be the communications path provider, the IC
should continue to develop/purchase its required terminals/end systems.
Additionally, for those unique and specialized communications requirements, such
as for covert operations, the IC should continue to fund/provide for the necessary
capabilities.
1)
The IC "owns" a number of its own communications systems and, in
fact, communications "pipes" such as CRITICOM, TIBS, DSSCS, etc. However,
these communications pipes were developed to satisfy specific IC needs that
could not or were not satisfied by the communications infrastructure of the
past. Although some of these systems "ride" on communications paths
provided by the communications community, they do not necessarily conform
to the communications infrastructures/standards of today's modern capabilities.
Such systems could be amalgamated under the centralized organization of the
D/SN. This would ensure compatibility is a USG-wide reality.
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2)
In the past, the IC developed and "owned" a number of unique
communications capabilities primarily based on the needs for specific/unique
data throughput rates (imagery, for example), high security, and assured receipt
of data. However, in the future, the IC should not be in the business of
providing stand alone, unique or organic communications systems,
infrastructures or communications "pipes." The extraordinarily rapid evolution
of communications standards, capabilities, capacities, flexibility and security
obviate, and in fact, mandate, the IC to be a subscriber to the larger
communications community.
3)
To ensure timely delivery of intelligence information to users, the use of
broadcast technologies (such as TIBS) needs to be continued and improved.
The ASD (C3I) has recently approved the "Integrated Broadcast Service (IBS)
Plan." This plan provides for the integration of the Tactical Information
Broadcast Service (TIBS), the Tactical Related Applications (TRAP) Data
Dissemination System (TDDS), the Tactical Reconnaissance Intelligence
exchange System (TRIXS), TADIXS-B, and the BINOCULAR efforts into a
standardized protocols with compatible hardware and software. This effort was
directed by the 1996 House Intelligence Bill, and needs to be fully supported by
Congress in the future.
4)
The IC funds for a number of tactical information dissemination systems
(the "end terminals" on IC funded platforms) that conform to established CC
standards. These include JTIDS, TADIL-A, TADIL-B, etc. compliant radios,
terminals, etc. Although such systems are not the primary focus of this paper,
funding for employment and use of these systems will need to continue.
Additionally, the IC funds for unique collection data links, including the
Common Data Link (CDL) for use by the U-2 and its ground stations, the RC-12
and its ground stations, etc. Because these links are integral parts of the
collection systems, and not expressly designed for end product dissemination,
this funding support will need to continue as a function of the IC.
5)
The CC is focusing some efforts into the development/exploitation of
direct broadcast service (DBS)/global broadcast service (GBS) technology
developed by the commercial industry. Such services have the potential for
very high bandwidth and data rates necessary for IC needs. The IC is reviewing
the possible applications of this technology to move large amounts of data
around the world, and should continue to play a positive role (including funding
where necessary) in these efforts.
6)
For those systems and communications paths the IC must procure,
commercial-off-the-shelf (COTS) products and commercial communications
paths must become the normal acquisition goal.
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7)
The IC buys and pays for some communications bandwidth on various
satellites, land lines, etc. However, as stated previously, the CC is in the best
position to negotiate for the necessary bandwidth for the best price. By
allowing the CC to provide the IC with the necessary capabilities, the CC will
inherently have the flexibility in bandwidth allocation/procurement that will
allows it to provide the best possible support to a wide range of customers.
This must be the bottom line goal.
8)
Modern cryptography is evolving to a point where forced human
intervention is becoming obsolete.
Earlier systems typically required a
communications center (with associated personnel) to encrypt and send, and
receive and decrypt classified materials. Often the IC requirements for this sort
of operation included having IC employees (rather than CC employees) handle
the materials throughout the process. However, this need to draft a message,
send it to an individual to have it encoded, then send the coded message to the
communications center is giving way to automated message preparation,
encryption, and transmission -- from an individual's desktop. An IC goal for this
type of technology should be to put encryption/decryption as close to the user
as possible. This will have a direct and positive effect on the IC specifically
with respect to those operations where IC communications personnel had to be
employed, often along-side (and often in duplication) of their CC counterparts.
F/>7<y//7<7s/Recommendations
9)
The IC should not directly contract for communications "bandwidth."
Rather, communications requirements for bandwidth or satellite time, etc.
should be provided to, DISA, for example, and funded in the standardized
Service/Agency budget line items. The IC should determine its yearly (or more)
requirements, state these in terms of time, data throughput, timeliness, format
(in some cases), and location (where is information needs to be). These
requirements are then the responsibility of the CC to satisfy. This concept may
require the IC to budget and provide funding to the CC for its communications
services.
The study does not recommend the CC budget for the IC's
communications requirements.
10)
The IC should only budget and pay for those unique communications
hardware and software capabilities necessary for IC systems to develop and
"ship" their data/information, receive others data/information or for which such
unique requirements exist (e.g., clandestine communications) that would
preclude the CC from satisfying requirements. This would mean that the IC
would pay for the ability of its systems to collection, analyze, prepare, and ship
to a communications point for dissemination. It also would mean that the IC
pays for radios, transmitters, etc. necessary as part of an overall weapon
system's (i.e., a UAV, a field site, or a reconnaissance aircraft) development.
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11)
The IC, through the CC and user communities, should vigorously pursue
advanced broadcast technologies including, IBS and GBS, to satisfy
dissemination requirements.
12)
Despite the recommendations for the CC to be the communications
provider, and the IC to be the "user," the IC must retain a sufficient number of
organic communications experts to provide analysis for stating requirements
and for developing the required architectures. This includes those experts
necessary to ensure the organic communications for those few unique efforts
better left to the IC. Additionally, these experts should be integrated from the
various services and agencies into a centralized IC infrastructure organization.
This will provide the necessary capabilities, while reducing the disparate support
organizations within the various services and agencies. While it may be true
that the (to-be-determined) number of communications experts within the IC
can probably be reduced as the CC assumes the IC's communications
responsibilities, these same resource (people) may well be required within the
CC to ensure proper requirements satisfaction. This recommendation requires
significant additional and careful study.
13)
Finally, for those systems and communications paths the IC must
procure, and in some cases, own; commercial off-the-shelf (COTS) systems
and, if possible, communications paths must become the normal acquisition
goal. Accomplishment of this goal will serve two primary functions. First, the
cost of the equipment (particularly within the developmental side) will decrease.
And, second, the standards-based commercial systems will allow the IC to
better coordinate and integrate its systems and programs in with those of the
user and communications communities.
Conclusions
A. The very obvious thrust of this assessment is to get the IC out of the
communications business. This is not to say the IC cannot be a builder, but it is
to say the IC should not be the architect. As the IC "backs away" from organically
satisfying its own communications requirements, two specific paradigm shifts will
have to occur. First, the trust factor between the IC and the CC will have to
improve. That is, the IC will have to understand, and believe, that its requirements
are not, generally, so unique, that they can not be satisfied by the communicators.
Secondly, the IC will have to be held accountable for identifying its real
communications needs, and the CC will have to be held accountable for satisfying
those requirements. Communications cannot be taken for granted. They are the
basis for making information available to the right user, at the right time. However,
the IC should focus not on those issues, but rather on the core mission of ensuring
the proper collection, evaluation, production and presentation of information.
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B. All of the above observations and recommendations (even if adopted) do not
ensure communication.
That is, we can build compatible communications
infrastructures and still not be able to move information because of the ways we
display, store, or intend to make knowledge of that information. Specifically, we
can, and do, have data bases that are not accessible due to their unique designs,
or message/display formats that are not comprehensible to the intended user.
Therefore, it needs to be understood that the standards discussion provided above
are for the communications paths and pipes themselves. Remembering that
communication only occurs when an intended message is sent, is received by the
intended recipient, and the intentions are understood. Therefore, it must be
understood that the discussions above extend only to the communications means,
not to the "message" conveyed through those means. This later subject could
easily be the issue of another (full length) study.
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CONGRESSIONAL OVERSIGHT
Executive Summary
Findings
311
312
Establish a semi-annual strategic intelligence review meeting between the
new Committee on Foreign Intelligence and the House and Senate
intelligence committees.
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CONGRESSIONAL OVERSIGHT
The modern system of congressional oversight of intelligence - select
committees in the House and in the Senate specifically devoted to intelligence - is
almost twenty years old. Reviewing the strengths and weaknesses of this system, as
well as the contribution that congressional oversight can and should make to
intelligence is appropriate as part of the larger IC21 study.
Issues regarding congressional oversight fall into two large categories: the
general nature of how Congress carries out oversight and specific issues of
organization and process related to intelligence oversight. Although this report
touches on some generic issues of intelligence oversight, its findings and
recommendations are restricted to the way in which the House of Representatives
handles this function.
Background: Evolution of Congressional Oversight of Intelligence
It is important to recall how the current intelligence oversight system came into
being. The two select committees were the direct result of the congressional (and
executive) investigations into U.S. intelligence activities in 1975-76. Both Houses
came to the conclusion that the past oversight system had been inadequate in terms
of both the vigor with which it was carried out1 and the very limited number of
Members who were privy to intelligence-related information. That older system
reflected the gentleman's agreement nature of oversight that evolved during the Cold
War. It accepted the necessity of intelligence - and especially of intelligence activities
(i.e., covert action), but treated them in an extraordinary manner because of their
highly classified and extremely sensitive nature.
The most-oft cited example of the problem was the quote from
Senator Leverett Saltonstall, a member of the Armed Services
Committee, which was responsible for intelligence oversight. When
asked by Senator Mike Mansfield why there had only been two
committee meetings with the CIA in the past year, Senator Saltonstall
replied: "...it is not a question of reluctance on the part of the CIA
officials to speak to us. Instead, it is a question of our reluctance, if you
will, to seek information and knowledge on subjects which I personally,
as a Member of Congress and as a citizen, would rather not have, unless
I believed it to be my responsibility to have it because it might involve
the lives of American citizens." Congressional Record, April 9, 1956, p.
5924.
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The House Permanent Select Committee on Intelligence (HPSCI) was established
on July 14, 1977 by H. Res. 658 of the 95th Congress and is governed by Rule XLVIII
of the Rules of the House. The current system attempted to correct the main flaws
in the older system in two major ways. First, the House decided that a committee
with specific oversight over intelligence (albeit with different jurisdictions in the House
and Senate) was necessary to ensure more vigorous and regular oversight. Second,
in order to broaden the oversight base, each committee has "cross-over" Members
from other committees that have an interest in intelligence or intelligence related
issues: Appropriations; International Relations; Judiciary; and National Security.
However, and this is perhaps ironic, the House continued to treat intelligence
as something extraordinary, rather than as an accepted function of government similar
to any others that are subject to oversight. This is reflected in two aspects of HPSCI.
First, it is a select committee rather than a standing committee. Second, and derived
from the first, are the rules limiting the length of consecutive service on the
Committee. These tenure rules arose from the perception that the past intelligence
overseers had grown "too cozy" with the intelligence agencies, thus becoming less
vigorous in their oversight. Rotating the membership on a regular basis, it was
believed, would avoid this type of overly close and potentially less critical relationship
in the future.
The Nature of Oversight: Adversary vs. Advocate
Each committee charged with congressional oversight has a dual responsibility.
The most obvious is to oversee the various agencies under its mandate, approve their
budgets, investigate known or suspected problems, and report back to the House on
these matters. Recognizing the impossibility of each Member being conversant with
(or intensely interested in) all issues, the committee system delegates responsibility
to the committees and accepts their leadership in specific areas. Given the checks
and balances nature of the congressional-executive relationship, each committee has,
at some level, an adversarial role with its Executive Branch opposites. The relationship
need not be overtly or continuously hostile, but there is inevitably a certain amount
of friction involved.
The responsibility for being the House's resident experts on given programs and
agencies also gives rise to a second role for each oversight committee, that of
advocacy for those agencies and programs. It is only natural that those Members
most interested in and most conversant with agencies and programs will also, on
occasion, be their advocates. Increasingly constrained debates over budget shares,
disinterest or outright hostility from other Members about agencies or programs for a
wide variety of reasons, all put oversight committees in this advocacy role as well.
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Oversight, if carried out properly, should be a combination of these two roles.
An excessive concentration on either will damage the ability of the committee to
handle its issues effectively and can undermine the credibility of that committee
among its colleagues.
However, it is not clear that this norm of oversight behavior is widely accepted
as proper for HPSCI. The fact that intelligence continues to be handled as an
extraordinary issue in terms of oversight -- by virtue of a select committee and tenure
limits - suggests that it was at least expected at its origin that HPSCI would largely
eschew advocacy role and that this expected emphasis on adversary rather than
advocate has been tacitly accepted over the last twenty years.
There remains a lingering uneasiness about intelligence and its role in the U.S.
government that will never be completely resolved. At some level, the concept of
secret agencies with classified budgets runs counter to some deeply felt view of what
and how the U.S. government should behave. However, this less than full acceptance
may actually be heightened rather than pacified by the, current oversight system,
which treats intelligence in a manner different from other government activities.
Interestingly, several witnesses who appeared before HPSCI during IC21
hearings made the same point: intelligence, unlike virtually all other functions of
government, has no natural advocates in the public at large. Its direct effect on the
lives of most citizens is largely unfelt or unseen; its industrial base is too rarefied to
build a large constituency in many areas; it is largely an "inside the Beltway"
phenomenon in terms of location, logistics, budget and concern. The only places
where intelligence can hope to find some base level of support are from its Executive
Branch masters and its congressional overseers.2
By having HPSCI as a select committee, Congress is, in effect, elevating
intelligence. It is seen as an extraordinary issue requiring congressional organizational
responses that depart from the norm. At some levels, this view of intelligence is
accurate, but this also adds to the mystique that too often surrounds intelligence and
often engenders wariness about it on the part of some Members. By making HPSCI
a standing committee, intelligence would be treated like other "normal" functions of
government. Making intelligence a less extraordinary issue might actually have
positive effects, in that by being seen as less unique the very raison of the IC might
not be questioned as much.
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The Propriety of Congressional Oversight of Intelligence
Not surprisingly, we believe that the modern oversight system for intelligence
residing in committees specifically devoted to that task has worked well. The House
and Senate committees have achieved the two main goals of their founders in the
94th and 95th Congresses, creating a system that is more vigorous and more rigorous
and is more broadly based than the previous system. All oversight is imperfect and
is always limited by the degree to which the Executive Branch will be forthcoming
with information. Given the highly classified and often compartmented nature of
intelligence information, this may be a more exacting problem for the intelligence
committees. Nonetheless, we continue to believe that the current system has largely
been effective.
We also do not see that any alternative to having a distinct committee oversee
intelligence is preferable. Each oversight committee finds itself with a full agenda.
Returning oversight to the House National Security Committee (HNSC) would act to
the detriment of both those Members charged with intelligence oversight and the
intelligence agencies themselves.
We also understand that there will always be some in the intelligence agencies
who will question, resent and perhaps resist the idea of Congress having extensive
oversight powers. This view is not unique to intelligence. It is unlikely that there is
any Executive agency or department that does not harbor similar sentiments at some
time. Still, this feeling may run deeper in the Intelligence Community. Sharing
information with "outsiders," even if they are elected officials, runs counter to the
ethos of intelligence as some understand it. We are also aware of repeated complaints
by intelligence agency heads about the amount of time they must spend either before
Congress or responding to Congress. Again, this sentiment is not unique, and we are
also not convinced that the burden is any more onerous for intelligence agencies than
for any others.
Effective oversight and an informed Congress are now considered among the
expected norms of our system of government. We believe that oversight, if carried
out seriously and with a modicum of support from intelligence agencies, not only helps
ensure greater Executive branch effectiveness and propriety, but can also be a
substantial force in rebuilding a sorely needed consensus to support intelligence
agencies, programs and activities.
A Joint Committee
The issue of a joint congressional committee to oversee intelligence has been
proposed in virtually every Congress since 1976. The main arguments in favor of a
joint committee are:
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Concern over restricting the number of Members and staff with access
to intelligence information implies that Congress cannot be trusted with
such information. Although the record of Congress with regard to
safeguarding such information is not perfect, it remains far better than
Executive Branch agencies. Congress must be vigilant in this regard, but
this does not argue that current number need to be further restricted.
The oversight scope of the two current intelligence committees are not
identical. Intelligence programs are currently divided into three broad
groups: NFIP: the National Foreign Intelligence Program, which includes
the Director of Central Intelligence; CIA; and the national foreign
intelligence or counterintelligence programs of the Defense Department,
DIA, NSA, the Central Imagery Office, NRO, Army, Navy and the Air
Force, the Departments of State, Treasury and Energy, the FBI and DEA;
JMIP: the Joint Military Intelligence Program, covering intelligence for
defense-wide or theater-level consumers; and TIARA:
Tactical
Intelligence and Related Activities, covering service unique and tactical
intelligence needs. HPSCI oversees all of these intelligence programs,
sharing oversight of TIARA with the HNSC.
The Senate Select
Committee on Intelligence (SSCI) oversees only the NFIP. To create a
joint committee, one House or the other would have to make substantial
changes in the scope of oversight accorded to this new committee.
23-748 96-11
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32 0
There are three primary attributes that most observers would acknowledge as
differentiating select and standing committees: (1) Speaker appointments vs.
caucus/conference appointments; (.2) limited vs. permanent tenure; and (3) study and
review authority vs. permanent jurisdiction. The main arguments supporting the
establishment of a standing committee relating to assignment procedures are as
foilows:
HPSCI deals with policy questions not essentially different from other
committees and should, like them, reflect the spectrum of views held by
Members.
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Finally, there is the issue of HPSCI Members not getting too comfortable
or familiar with the Intelligence Community. This view is a direct
outgrowth of the congressional investigations of the mid-1970s, which
concluded that the former intelligence overseers (in the Senate Armed
Services Committee and House Armed Services Committee) had become
lax, in part by virtue of being too "cozy" with the Intelligence
Community. Interestingly, this is not seen as a being a problem vis-a-vis
HNSC or the Senate Armed Services Committee (SASC) and the military,
nor between Judiciary and the FBI.
Tenure limits under the current select committee process make it less
likely that Members will become overly familiar with intelligence
agencies, thus possibly diminishing the rigor of oversight.
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The current tenure limits have also been responsible to some degree for
the rapid change in HPSCI chairmen since the initial tenure of Chairman
Boland. Since he stepped down in 1985, there have been six chairmen.
This has obvious costs in terms of continuity and, in effect, makes the
staff much more responsible for that important and unseen facet of
committee life. Some observers have argued that the rapid rotation of
HPSCI chairmen makes consistent oversight more difficult.
Limiting service on the Committee to four terms (or five for the chairman
and ranking member) does not allow HPSCI to benefit adequately from
Members' experience in the arcane world of intelligence, especially the
complicated relationships among the agencies, the role of the DCI, and
complex and separate budgeting procedures for national and tactical
programs. Members acquire experience in intelligence behind closed
doors at the expense of other duties and this experience should be fully
utilized in overseeing intelligence activities. A significant portion of a six
or eight year term on the Committee must be spent mastering
intelligence, with less time left to use that expertise. This, in turn,
makes Members of HPSCI much more dependent on the staff, who
provide the greatest available base of institutional knowledge and
continuity.
Removal of the tenure limits would also allow the Committee to have a
membership that is more consistently conversant with intelligence issues.
This has not been an issue in the 104th Congress. However, in the
103rd Congress, 11 of 19 Members were new to HPSCI. As previously
noted, this might also lead to greater stability in the chairmanship,
assuming some continuity by one party.
Even though HPSCI is a relatively new committee, existing term limits
have already been overridden on several occasions to permit appointment
of experienced Members to additional service on the Committee. The
practice of Members leaving the Committee and subsequently returning
in order to stay within restrictions has been criticized by some as
contrary to the spirit of the House rules, although it has the benefit of
providing Members who are enthusiastic and knowledgeable.
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Finding: Although the reasons for which HPSCI was made a select committee
with tenure limits may have been valid in 1977, these may no longer be
compelling or valid. There are equally compelling arguments in terms of the
general effect of these arrangements on oversight to warrant reconsidering
them and to proceed with the establishment of a standing intelligence
committee. In doing so, significant efforts should be made to secure the
presence of "crossover" Members from the National Security, International
Relations, Judiciary and Appropriations Committees within the standing
committee's membership.
Unauthorized Disclosure: Members and Staff
The ability to safeguard highly classified information with which it has been
entrusted is an issue for several committees, not just HPSCI. As noted, no committee
can boast a perfect record in this regard, although the record of any congressional
committee is far superior to the Executive Branch national security agencies. This
does not excuse leaks from Congress, but it should serve to put in perspective the
false complaints too often heard from Executive Branch officials about their inability
to trust Congress.
There are two views on the responsibility imposed on Congress by the receipt
of classified information. There is general agreement that access to such information
is necessary for Congress to carry out effective oversight. Some argue that Congress
is responsible for engendering some degree of trust in how it handles this information
so that Executive agencies will be forthcoming. Others reject this view, arguing that
it is up to Executive agencies to win the trust of Congress and that these agencies
have no choice but to provide Congress with the information it requires.
With the advent of the 104th Congress, Members of HPSCI now take two oaths
regarding the safeguarding of information, one as Members of the House and one as
Members of the Committee. Some argued that there was some ambiguity in these
324
oaths; we believe that the letter and the ruling issued by the Committee on Standards
of Official Conduct on July 12, 1995 offered important clarifications. That Committee
noted first that HPSCI's Classified Information Oath embraces "any classified
information provided to a Member by any person during the Member's term in office."
Second, the Committee on Standards of Official Conduct imposed upon Members an
affirmative duty to inquire whether sensitive information in that Member's possession
is indeed classified before disclosing it to the public.
HPSCI staff undergo background investigations and are subject to the Rules of
the House (see Rule XLIII, clause 13) regarding unauthorized disclosure of information.
Some, primarily from the Executive Branch, have argued that at least staff, and
perhaps Members, should be subject to the same security requirements as Executive
Branch officials, particularly, a requirement to submit to comprehensive polygraph
examinations on a regular basis. These remain controversial tools within the Executive
Branch; there is no one standard for polygraphs nor is there a uniform policy among
all Executive Branch agencies.
Finding: Unauthorized disclosures of classified information by HPSCI Members
or staff should result in swift and sure penalties against any individual who is
conclusively determined to be the source of such disclosures. The rules
promulgated by the Committee on Standards of Official Conduct on July 12,
1995 should be strictly enforced by HPSCI.
Jurisdiction
Select committees usually do not have exclusive jurisdiction over an area of
government. Standing committees usually do have exclusive jurisdiction although
there are considerable areas of overlap among standing committees.
Select
committees usually do not have the legislative authority to report legislation to the
floor. HPSCI already has authority to report legislation and this would presumably not
be altered if it became a standing committee.
One of the more difficult aspects of intelligence oversight is the fact that budget
authorization for and some degree of general oversight of intelligence is divided
between committees. This shared jurisdiction between HPSCI and HNSC derives from
two factors.
First, HNSC (then called Armed Services) had been the committee charged with
intelligence oversight prior to 1977.
The decision to continue some shared
jurisdiction, at least over the TIARA portion of intelligence, allowed HNSC to preserve
some of its jurisdiction. Second, the decision reflected the view that, given the
importance of intelligence to military operations and the fact that the classified portion
of the intelligence budget is lodged within the larger defense budget, this sharing was
also appropriate.
325
326
327
the rest of the defense budget. Such a structure allows - in fact, encourages -- tradeoffs to be made within the entirety of the defense budget, including intelligence. One
option to help protect necessary intelligence equities might be a separate
subcommittee on intelligence. Such a subcommittee would be responsible for review
of the NFIP and JMIP budgets, leaving the TIARA budget review within the National
Security Subcommittee. This would help protect "national" and "defense-wide"
intelligence assets, while leaving those intelligence assets that are integral to service
operations to be considered with the forces for which they are a part. (This assumes
that there is a restructuring of the JMIP and TIARA programs as discussed elsewhere
in IC21 studies.) The result would be a better protected, more coherent look at the
intelligence budget, with trade-offs being made against intelligence resources rather
than with non-intelligence, defense programs. The ability to focus trade-offs -- and,
thus, planning - within intelligence, also provides the ability to better understand the
effects of such trade-offs more in terms of the synergy of our overall intelligence
capabilities.
Finding: The current oversight structure puts intelligence - as both a
government function and as an issue -- at a distinct disadvantage. Unlike other
national security functions, congressional oversight of intelligence is neither
unified nor discreet. The prime effect of this arrangement is seen in the degree
to which intelligence programs are subjected to budget cuts largely because of
how they are dealt with (i.e., as part of the defense authorization and
appropriations process), rather than on their own merits. Therefore, serious
consideration ought to be given to establishing a separate subcommittee on
intelligence within the House Appropriations Committee and to shift a number
of the current functions of the existing Appropriations Subcommittee on HNSC
to this new subcommittee.
Linkages Between HPSCI and the New Committee on Foreign Intelligence
In separate IC21 studies, it has been proposed to create a new, high-level
Committee on Foreign Intelligence (CFI) to enhance oversight of the Intelligence
Community as well as to better focus the Community's collection and analytical
capabilities. The new CFI is to be composed of senior Executive Branch policy makers
who would advise the DCI on national intelligence priorities. Noting the sensitivity and
importance of the CFI's role, it may be prudent to consider whether a regular oversight
dialogue should be established between the CFI and the intelligence committees. A
semi-annual strategic intelligence review meeting between the CFI and the intelligence
committees might improve the flow of information and dialogue between the Executive
and Legislative Branches on significant intelligence matters.
Finding: Establish a semi-annual strategic intelligence review meeting between
the new Committee on Foreign Intelligence and the intelligence committees.
328
The current oversight system has been largely effective, and clearly has
responded to those problems that prompted the creation of the current
committees.
Although the reasons for which the current committee was made a select
committee with tenure limits may have been valid in 1977, these may no
longer be compelling or valid. There are equally compelling arguments
in terms of the general effect of these arrangements on oversight to
warrant reconsidering them.
329
330
331
APPENDIX A
IC21 Hearings and Witnesses
May 22, 1995: IC21: Directors of Central Intelligence
Witnesses
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
Richard Helms
James Schlesinger
William E. Colby
Stansfield Turner
William H. Webster
R. James Woolsey
332
Witness
The Honorable John M. Deutch, Director of Central Intelligence
333
APPENDIX B
IC21 Staff Panels
In addition to six full Committee IC21 hearings, the staff conducted dozens of
interviews with Intelligence Community experts and held several staff panels.
Following are a list of the staff panels:
334
Clandestine Service
PANELS: Three panels were held with present and former CIA/Directorate of
Operations (DO) case officers and other intelligence officials.
335
CRS
TABLE OF CONTENTS
INTRODUCTION
PART I
Intelligence Reform Proposals Made by Commissions
and Major Legislative Initiatives
The Truman Administration, 1945-1953
The First Hoover Commission, 1949
Intelligence Survey Group (Dulles-Jackson-Correa Report), 1949
Summary of the Truman Administration Intelligence Investigations
The Eisenhower Administration, 1953-1961
Second Hoover Commission, 1955
The Doolittle Report, 1954
Bruce-Lovett Report, 1956
Summary of the Eisenhower Administration Intelligence Investigations
The Kennedy Administration, 1961-1963
The Taylor Commission
The Kirkpatrick Report
Summary of the Kennedy Administration Intelligence Investigations
The Johnson Administration, 1963-1969
The Nixon Administration, 1969-1974
The Schlesinger Report, 1971
Summary of the Nixon Administration Intelligence Investigation
The Era of Public Investigations, 1974-1981
Murphy Commission, (Commission on the Organization of the Government for the
Conduct of Foreign Policy), 1975
Rockefeller Commission (Commission on CIA Activities within the United States),
1975
Church Committee (Senate Select Committee to Study Governmental Operations with
Respect to Intelligence Activities), 1976
Pike Committee (House Select Committee on Intelligence), 1976
Clifford and Cline Proposals, 1976
Proposed Charter Legislation, 1978-1980
The Executive Branch Response, 1976-1981
The Turner Proposal, 1985
Iran-Contra Investigation, 1987
Boren-McCurdy, 1992
Commission on the Roles and Capabilities of the U.S. Intelligence Community (Aspin
Commission), 1995-1996
4
4
4
5
7
9
9
9
11
12
13
14
14
16
17
17
17
17
18
19
19
21
23
26
27
28
29
31
31
32
33
PART II
Advantages and Disadvantages of Major Proposals
RoleoftheDCI
Role of the CIA Operations Directorate
Disclosing the Intelligence Budget
35
35
37
39
41
Conclusion
43
'Section 102(d)(5), National Security Act of 1947, P.L. 80-253; hereafter cited as National Security Act of
1947.
Congressional Research Service. Alfred B. Prados, Intelligence Community Leadership: Development and
Debate Since 1947, CRS Report 89-414 F, June 27,1989, p. 1; hereafter cited as Prados, 89^14 F.
CRS-2
CRS-3
I, all major proposals are listed in chronological order with a brief discussion of their respective
results. In Part II, these proposals are grouped together by issues and include an examination
of arguments for and against. Proposals specifically relating to congressional oversight of
the Intelligence Community are not included in this report.
CRS-4
PARTI
Intelligence Reform Proposals Made by Commissions
and Major Legislative Initiatives
Alice soon came to the conclusion that it was a very difficult game indeed.
-Lewis Carroll, Alice's Adventures In Wonderland*
Lewis Carroll, Alice's Adventures in Wonderland (New York: Barnes & Noble Books, 1994), p. 125.
CRS-5
The report was reprinted as The Hoover Commission Report on Organization of the Executive
Branch of the Government (Westport, CT: Greenwood Press, 1970).
For background on Eberstadt, see Jeffrey M. Dorwart, Eberstadt and Forrestal: A National Security
Partnership, 1909-1949 (College Station, TX: Texas A & M University Press, 1991).
The Commission on Organization of the Executive Branch of the Government, Task Force Report on National
Security Organization, Appendix G, January 1949; hereafter cited as the Eberstadt Report.
Eberstadt Report, p. 3.
TEberstadt Report, p. 76.
Eberstadt Report, p. 16, paragraph d.
12
Arthur B. Darling, The Central Intelligence Agency: An Instrument of Government to 1950 (University Park,
PA: Pennsylvania State University Press, 1990), p. 293. This is a reprint of an official CIA history prepared v. the
early 1950's.
CRS-6
confined solely to intelligence evaluation."13 To foster professionalism and continuity of
service, the report also favored a civilian DCI with a long term in office.14
In the arena of covert operations and clandestine intelligence, the Eberstadt Report
supported the integration of all clandestine operations into one office within CIA, under NSC
supervision. To alleviate concerns expressed by the military who viewed this proposal as
encroaching upon their prerogatives, the report stated that clandestine operations should be
the responsibility of the Joint Chiefs of Staff (JCS) in time of war.15
In examining the daily workings of the CIA, the task force found the agency's internal
structure and personnel system "not now properly organized."16 This led to recommendations
for the adoption of clearer lines of departmental responsibilities, and the establishment of
proper personnel selection and training systems.17 In response to legislative concerns regarding
intelligence budgets, the report supported establishing a legal framework for budgetary
procedures and authorities, and in maintaining the secrecy of the CIA budget in order to provide
the "administrative flexibility and anonymity that are essential to satisfactory intelligence."18
The report also addressed, and rejected, the possibility of placing the FBI's counterintelligence
responsibilities in the CIA.19
Of particular concern was the level of professionalism in military intelligence, and the
glaring inadequacies of medical and scientific intelligence, including biological and chemical
warfare, electronics, aerodynamics, guided missiles, atomic weapons, and nuclear energy.20
The report declared that the failure to appraise scientific advances in hostile countries (i.e.,
the Soviet Union) might have more immediate and catastrophic consequences than failure
in any other field of intelligence. Accordingly, the report stressed that the U.S. should establish
a central authority "to collect, collate, and evaluate scientific and medical intelligence."21
13
14
17
18
Darling, p. 297^
19
Darling, p. 289.
20
21
CRS-7
On January 8, 1948, the National Security Council established the Intelligence Survey
Group (ISG) to "evaluate the CIA's effort and its relationship with other agencies."22
Commissioned at the request of President Truman, the group was composed of Allen W.
Dulles, who had served in the Office of Strategic Services (OSS) during the Second World
War and would become DCI in 1953, William Jackson, a future Deputy DCI, and Matthias
Correa, a former assistant to Secretary of Defense James V. Forrestal when the latter had served
as Secretary of the Navy during the war. Under the chairmanship of Dulles, the ISG presented
its findings, known as the Dulles-Jackson-Correa Report, to the National Security Council
on January 1, 1949.
The.l93-page report, partially declassified in 1976, contained fifty-six recommendations,
many highly critical of the CIA and DCI.23 In particular, the report revealed problems in the
agency's execution of both its intelligence and operational missions. It also criticized the
quality of national intelligence estimates by highlighting the CIA's--and, by implication, the
DCI's--"failure to take charge of the production of coordinated national estimates."24 The
report went on to argue that the CIA's current trend in secret intelligence activities should
be reversed in favor of its mandated role as coordinator of intelligence.25
The Dulles Report was particularly concerned about the personnel situation at CIA,
including internal security, the high turnover of employees, and the excessive number of
military personnel assigned to the agency.26 To add "continuity of service" and the "greatest
assurance of independence of action," the report argued that the DCI should be a civilian and
that military appointees be required to resign their commissions.27
As with the Eberstadt Report, the Dulles Report also expressed concern about the
inadequacies in scientific intelligence and the professionalism of the service intelligence
organizations, and urged that the CIA provide greater coordination.28 This led to a
recommendation for increased coordination between the DCI and the Director of the Federal
Bureau of Investigation (FBI) in the arena of counterespionage. In turn, the report
recommended that the Director of FBI be elevated to membership in the Intelligence Advisory
Mark M. Lowenthal, U.S. Intelligence: Evolution and Anatomy (Westport, CT: Praeger, 1992)
p. 20.
"The Central Intelligence Agency and National Organization for Intelligence: A Report to the National
Security Council," January 1, 1949. Hereafter cited as the Dulles-Jackson-Correa Report; the declassified report
remains highly sanitized. A version was reprinted in William M. Leary, ed., The Central Intelligence Agency:
History and Documents (University, AL: University of Alabama Press, 1984).
Lowenthal, p. 20; Dulles-Jackson-Correa Report, p. 5,11.
Dulles-Jackson-Correa Report, p. 39.
TDCI Hillenkoetter disputed these findings by producing evidence that CIA's employee turnover
was no different than in other government agencies and that only two percent of CIA personnel were active duty
military. Darling, p. 327.
Dulles-Jackson-Correa Report, p. 138.
28
CRS-8
Committee (IAC), whose function was to help the DCI coordinate intelligence and set
intelligence requirements.29
The principal thrust of the report was a proposed large-scale reorganization of the CIA
to end overlapping and duplication of functions. Similar to the Eberstadt Report, the Dulles
study suggested incorporating covert operations and clandestine intelligence into one office
within CIA. In particular, the report recommended that the Office of Special Operations
(OSO), responsible for the clandestine collection of intelligence, and the Office of Policy
Coordination (OPC), responsible for covert actions, be integrated into a single division within
CIA.30
Accordingly, the report recommended replacing existing offices with four new divisions
for coordination, estimates, research and reports, and operations. The heads of the new offices
would be included in the immediate staff of the DCI so that he would have "intimate contact
with the day-to-day operations of his agency and be able to give policy guidance to them."31
These recommendations would become the blueprint for the future organization and operation
of the present-day CIA.
Summary of the Truman Administration Intelligence Investigations
The Task Force on National Security Organization was almost immediately eclipsed
by the Dulles-Jackson-Correa Report, that found a sympathetic ear in the White House. On
July 7, 1949, the NSC adopted a modified version of the Dulles Report, and directed DCI
Roscoe H. Hillenkoetter to begin implementing its recommendations, including the
establishment of a single operations division at CIA. In 1953, the OSO and OPC were merged
within the CIA to form the Directorate of Plans (DP). (DP was designated the Directorate
ofOperations(DO)inl973.)
Although the Eberstadt Report was not as widely read among policymakers as the Dulles
study, it did play a principal role in reorganization efforts initiated by DCI Walter Bedell Smith
in 1950. The two reports, and the lessons learned from fall of China to the Communists and
the unexpected North Korean invasion of South Korea in June 1950, prompted Smith to create'
an intelligence evaluation board called the Board of National Estimates (BNE). Designed
to review and produce National Intelligence Estimates (NIEs), the BNE was assisted by an
Office of National Estimates (ONE) that drew upon the resources of the entire community.32
29
Dulles-Jackson-Correa Report, p. 58. Although the DCI served as chairman of the IAC, he was not given
budgetary or administrative authority over the other intelligence agencies.
30
31
work of the BNE is described in Donald P. Steury, ed., Sherman Kent and the Board of National
Esi-aiales: Collected Essays (Washington: Center for the Study of Intelligence, 1994).
CRS-9
The Eisenhower Administration witnessed the Soviet Union solidify its hold over Eastern
Europe, crushing the Hungarian revolution, and the rise of Communist insurgencies in
Southeast Asia and Africa. This was a period in which extensive covert psychological,
political, and paramilitary operations were initiated in the context of the threat posed by Sovietled Communist expansion. However, between 1948, when a covert action program was first
authorized through NSC Directive 10/2, and 1955 there was no formally established procedure
for approval.
Between 1954 and 1956, this prompted three investigations into U.S. intelligence
activities, including the CIA. The first, the Task Force on Intelligence Activities of the Second
Hoover Commission on Organization of the Executive Branch of the Government, was
sponsored by Congress. The second, the Doolittle Report, was commissioned at the request
of President Dwight D. Eisenhower in response to the Second Hoover Commission. The
third, the Bruce-Lovett Report was initiated by the President's Board of Consultants on Foreign
Intelligence Activities (PBCFIA), and reported to President Eisenhower.
Commission on Organization of the Executive Branch of the Government, A Report to the Congress, Intelligence
Activities, June 1955, p. 13; hereafter cited as Clark Task Force Report.
34
Clark Task Force Report, pp. 70-71. For a more detailed account of the evolution of the DCrs
roles and responsibilities, see Herbert Andrew Boerstling, "The Establishment of a Director of National
Intelligence," unpublished Master of Arts Policy Paper, Boston University, August 1995.
Clark Task Force Report, p. 71.
23-748 96-12
CRS-10
36
37
38
39
The Report on the Covert Activities of the Central Intelligence Agency, September 30, 1954, Appendix A,
p. 54; hereafter cited as the Doolittle Report.
40
CRS-11
The report went on to recommend that "every possible scientific and technical approach
to the intelligence problem" be explored since the closed society of the Eastern Bloc made
human espionage "prohibitive" in terms of "dollars and human lives.'""
In examining the CIA, Doolittle found it to be properly placed in the organization of
the government. Furthermore, the report found the laws relating to the CIA's functions were
sufficient for the agency to meet its operational needs, i.e. penetration of the Soviet Bloc.42
The report went on to issue several recommendations calling for more efficient internal
administration, including recruitment and training procedures, background checks of personnel,
and the need to "correct the natural tendency to over classify documents originating in the
agency."43 It also called for increased cooperation between the clandestine and analytical sides
of the agency, and recommended that the "Inspector General ... operate on an Agency-wide
basis with authority and responsibility to investigate and report on all activities of the
Agency."44 Finally, the report mentioned the need to provide CIA with accommodations
tailored to its specific needs, and to exercise better control (accountability) of expenditures
in covert projects.
Shortly after submitting the written report, General Doolittle voiced his concern to
President Eisenhower over the potential difficulties that could arise from the fact that the DCI,
Allen Dulles, and the Secretary of State, John Foster Dulles, were brothers and might
implement policies without adequate consultation with other administration officials.45
41
42
43
44
45
John Ranelagh, The Agency: the Rise andDecline of the CIA (New York: Simon and Schuster, 1987), p. 278.
46
Peter Grose, Gentleman Spy: The Life of Allen Dulles, (Boston: Houghton Mifilin, 1994), pp.
445-448; also the CIA's Center for the Study of Intelligence Newsletter, Spring 1995, Issue No. 3, pp. 3^1. In
writing this book, Grose reported using notes Arthur M. Schlesinger, Jr. discovered in the Robert Kennedy Papers
before they were deposited at the John F. Kennedy Library; p. 598, n. 33 and n. 34. Reportedly, the JFK Presidential
Library has unsuccessfully searched the RFK papers for the report.
CRS-12
According to Grose's account of the Schlesinger notes, the report criticized the CIA
for being too heavily involved in Third-World intrigues while neglecting the collection of
hard intelligence on the Soviet Union. Reportedly, Bruce and Lovett went on to express
concern about the lack of coordination and accountability of the government's psychological
and political warfare program. Stating that "no charge is made for failure," the report claimed
that "No one, other than those in CIA immediately concerned with their day-to-day operation,
has any detailed knowledge of what is going on."47 These operations, asserted Bruce and
Lovett, were in the hands of a "horde of CIA representatives (largely under State or Defense
cover),...bright, highly graded young men who must be doing something all the time to justify
their reason for being. "48
As had Doolittle, Bruce and Lovett criticized the close relationship between Secretary
of State John Foster Dulles and his brother DCI Allen W. Dulles. Due to the unique position
of each brother, the report apparently expressed concern that they could unduly influence U.S.
foreign policy according to their own perceptions.49
The report concluded by suggesting that the U.S. reassess its approach to covert action
programs, and that a permanent authoritative position be created to assess the viability and
impact of covert action programs.50
Grose, p. 447.
Grose, pp. 447-448; from excerpts of the Schlesinger notes.
CRS-13
Grose, p. 532.
52
CRS-14
could not be prepared and conducted in such a way that all U.S. support of it and connection
with it could be plausibly disclaimed."53
In large measure, the report blamed the operation's planners at the CIA's Directorate
of Plans for not keeping the President fully informed as to the exact nature of the operation.
However, the report also criticized the State Department, JCS, and the White House for
acquiescing in the Zapata Plan, that "gave the impression to others of approving it" and for
reviewing "successive changes of the plan piecemeal and only within a limited context, a
procedure that was inadequate for a proper examination of all the military ramifications."54
The; Taylor Commission found the operation to be ill-conceived with little chance for
ultimate success. Once underway, however, the report cited President Kennedy's decision
to limit overt U.S. air support as a factor in the CEF's defeat.55 This decision was apparently
reached in order to protect the covert character of the operation. The report criticized this
decision by stating that when an operation had been approved, "restrictions designed to protect
its covert character should have been accepted only if they did not impair the chance of
success."56
The failure in communication, breakdown in coordination, and lack of overall planning
led the Taylor Commission to conclude that:
The Executive Branch of government was not organizationally prepared to cope
with this kind of paramilitary operation. There was no single authority short of
the President capable of coordinating the actions of CIA, State, Defense and USIA
[U.S. Information Agency]. Top level direction was given through ad hoc meetings
of senior officials without consideration of operational plans in writing and with
no arrangement for recording conclusions reached.57
The lessons of Operation Zapata led the report to recommend six courses of action in
the fields of planning, coordination, effectiveness, and responsibility in overall Cold War
strategy. The report recommended the creation of a Strategic Resources Group (SRG)
composed of representatives of under-secretarial rank from the CIA and the Departments of
State and Defense. With direct access to the President, the SRG would act as a mechanism
for the planning and coordination of overall Cold War strategy, including paramilitary
operations. The report recommended including the opinions of the JCS in the planning and
implementation of such paramilitary operations. In the context of the Cold War, the report
also recommended a review of restraints placed upon the United States in order to make the
The report was published as Operation Zapata: The "Ultrasensitive " Report and Testimony of the Board
of Inquiry on the Bay of Pigs (Frederick, MD: University publications of America, Inc., 1981), p. 40; hereafter
cited as the Taylor Report.
54
55
56
TaylorReport,p.40.
57
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most effective use of the nation's assets, without concern for international popularity. The
report concluded by reaffirming America's commitment to forcing Castro from power.58
58
59
Ranelagh, p. 380.
60
Lyman B. Kirkpatrick, Jr., "Paramilitary Case Study - Bay of Pigs," Naval War College Review,
(November-December 1972). By the same author, see The U.S. Intelligence Community: Foreign Policy and
Domestic Activities (New York: Hill and Wang, 1973).
61
Evan Thomas, The Very Best Men, Four Who Dared: The Early Years of the CIA, (New York:
Simon & Schuster, 1995), p. 268. Thomas was given special permission to review the report for use in his book
even though it remains classified.
CRS-16
so much of the detailed operation of the Agency as may be required to permit you
to carry out your primary task as [DCI].62
Memorandum for the Director of Central Intelligence, January 16, 1962; quoted in Prados, 89-414F, p. 45.
63
'A Review of the Intelligence Community, March 10, 1971, p. 1; hereafter cited as the Schlesinger Report.
CRS-17
these problems as the lack of a strong, central Intelligence Community leadership that could
"consider the relationship between cost and substantive output from a national perspective."66
Schlesinger found that this had engendered a fragmented, departmental intelligence effort.
To correct these problems, Schlesinger considered the creation of a Director of National
Intelligence (DNI), enhancing the DCI's authority, and establishing a Coordinator of National
Intelligence (CNI) who would act as the White House-level overseer of the Intelligence
Community to provide more direct representation of presidential interest in intelligence issues.67
In the end, the report recommended "a strong DCI who could bring intelligence costs under
control and intelligence production to an adequate level of quality and responsiveness."68
Summary of the Nixon Administration Intelligence Investigation
The Schlesinger Report led to a limited reorganization of the Intelligence Community
under a Presidential directive dated November 5, 1971. In part, the directive called for:
An enhanced leadership role for the [DCI] in planning, reviewing, and evaluating
all intelligence programs and activities, and in the production of national
intelligence.69
Consequently, two boards were established to assist the DCI in preparing a consolidated
intelligence budget and to supervise community-wide intelligence production. The first, was
the ill-fated Intelligence Resources Advisory Committee (IRAC), that replaced the National
Intelligence Resources Board (NIRB) established in 1968 under DCI Richard Helms. The
IRAC was designed to advise the DCI on the preparation of a consolidated budget for the
community's intelligence programs. However, IRAC was not afforded the statutory authority
necessary to bring the intelligence budget firmly under DCI control. The second, and the only
long lasting result of the Nixon directive, was the establishment of the Intelligence Community
Staff (ICS) in 1972. Created by DCI Helms, the ICS was meant to assist the DCI in guiding
the community's collection and production of intelligence. However, the ICS did not provide
the DCI with the statutory basis necessary for an expanded community-wide role.70 In 1992,
DCI Robert Gates replaced the ICS with the Community Management Staff (CMS).
66
67
U.S. Congress, Senate, 94th Congress, 2nd session, Select Committee to Study Governmental
Operations with Respect to Intelligence Activities Intelligence, Final Report, 1976, Book I, p. 66; hereafter cited
as the Church Committee Report.
69
Prados,89-414F,p.46.
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In the late 1940s and throughout the 195 0s, there had been widespread public agreement
on the need for an effective national security structure to confront Soviet-led Communist
expansion. However, by the late 1960s, the war in Vietnam had begun to erode public
consensus and support for U.S. foreign policy. The controversy surrounding the Watergate
Investigations after 1972, and subsequent revelations of questionable CIA activities involving
domestic surveillance, provided a backdrop for increasing scrutiny of government policies,
particularly in such fields as national security and intelligence.
Between 1975 and 1976, this led the Ford Administration and Congress to conduct three
separate investigations that examined the propriety of intelligence operations, assessed the
adequacy of intelligence organizations and functions, and recommended corrective measures.
A fourth panel, convened earlier to look more broadly at foreign policy, also submitted
recommendations for intelligence reform.
U.S., Commission on the Organization of the Government for the Conduct of Foreign Policy,
Report, June 1975, p. 92.
72
73
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covert actions by a high-level interagency committee. It argued that although Congress should
be notified of covert actions, the President should not sign such notifications since it is harmful
to associate "the head of State so formally with such activities.7,1" It was further recommended
that intelligence requirements and capabilities be established at the NSC-level to remedy a
situation in which "the work of the intelligence community becomes largely responsive to
its own perceptions of what is important, and irrelevant information is collected, sometimes
drowning out the important.75" It also recommended that this process be formalized in an
officially approved five-year plan. A consolidated foreign intelligence budget should also
be prepared, approved by an inter-agency committee and OMB and submitted to Congress.
Although the importance of economic intelligence was recognized, the commission did
not see a need for intelligence agencies to seek to expand in this area; rather, it suggested that
the analytical capabilities of the Departments of State, Treasury, Commerce, Agriculture, and
the Council of Economic Advisers should be significantly strengthened.
The commission noted the replacement of the Board of National Estimates by some eleven
National Intelligence Officers (NIOs) who were to draw upon analysts in various agencies
to draft National Intelligence Estimates (NIEs). This practice was criticized because it laid
excessive burdens on chosen analysts and because NIEs had in recent years been largely
ignored by senior officials (presumably Secretary of State Kissinger) who made their own
assessments of future developments based on competing sources of information and analysis.
Thus, the commission recommended a small staff of analysts from various agencies assigned
to work with NIOs in drafting NIEs and ensure that differences of view were clearly presented
for the policymakers.
Rockefeller Commission (Commission on CIA Activities within the United States), 1975
Prior to the mid-1960s, the organization and activities of the Intelligence Community
were primarily the concern of specialists in national security and governmental organization.
The Murphy Commission, although working during a subsequent and more politically turbulent
period, had approached intelligence reorganization from this perspective as well. The political
terrain had, however, been shifting dramatically and the Intelligence Community would not
escape searching criticism. During the era of the Vietnam War and Watergate, disputes over
national security policy focused attention on intelligence activities. In 1975, media accounts
of alleged intelligence abuses, some stretching back over decades led to a series of highly
publicized congressional hearings.
Revelations of assassination plots and other alleged abuses spurred three separate
investigations and sets of recommendations. The first was undertaken within the Executive
Branch and was headed by Vice President Nelson A. Rockefeller. Other investigations were
conducted by select committees in both houses of Congress. The Senate effort was led by
Senator Frank Church and the House committee was chaired by Representative Otis Pike.
These investigations led to the creation of the two permanent intelligence committees and
74
75
CRS-20
much closer oversight by the Congress. In addition, they also produced a number of
recommendations for reorganization and realignment within the Intelligence Community.
Established by Executive Order 11828 on January 4, 1975, the Commission on CIA
Activities within the United States was chaired by Vice President Rockefeller and included
seven others appointed by President Ford (including then-former Governor Ronald Reagan).
The commission's mandate was to investigate whether the CIA had violated provisions of
the National Security Act of 1947, precluding the CIA from exercising internal security
functions.
The Rockefeller Commission's 30 recommendations76 included a number of proposals
designed to delimit CIA's authority to collect foreign intelligence within the United States
(from "willing sources") and proscribe collection of information about the domestic activities
of U.S. citizens, to strengthen PFIAB, to establish a congressional joint intelligence committee
and to establish guidelines for cooperation with the Justice Department regarding the
prosecution of criminal violations by CIA employees. There was another recommendation
to consider the question of whether the CIA budget should be made public, if not in full at
least in part.
The commission recommended that consideration should be given to appointing DCIs
from outside the career service of the CIA and that no DCI serve longer than 10 years. Two
deputies should be appointed; one to serve as an administrative officer to free the DCI from
day-to-day management duties; the other a military officer to foster relations with the military
and provide technical expertise on military intelligence requirements.
The CIA position of Inspector General should be upgraded and his responsibilities
expanded along with those of the General Counsel. Guidelines should be developed to advise
agency personnel as to what activities are permitted and what are forbidden by law and
executive orders.
The President should instruct the DCI that domestic mail openings should not be
undertaken except in time of war and that mail cover operations (examining and copying of
envelopes only) are to be undertaken only on a limited basis "clearly involving matters of
national security."
The commission was specifically concerned with CIA infiltration of domestic
organizations and submitted a number of recommendations in this area. Presidents should
refrain from directing the CIA to perform what are essentially internal security tasks and the
CIA should resist any effort to involve itself in improper activities. The CIA "should guard
against allowing any component ... to become so self-contained and isolated from top
leadership that regular supervision and review are lost." Files of previous improper
mvestigations should be destroyed. The agency should not infiltrate American organizations
without a written determination by the DCI that there is a threat to agency operations, facilities,
or personnel that cannot be met by law enforcement agencies. Other recommendations were
directed at CIA investigations of its personnel or former personnel, including provisions
relatmg to physical surveillance, wire or oral communications, and access to income tax
information.
Report to the President by the Commission on CIA Activities Within the United States, June 1975.
CRS-21
As a result of efforts by some White House staff during the Nixon Administration to
use CIA resources improperly, a number of recommendations dealt with the need to establish
appropriate channels between the agency and the Executive Office of the President.
Reacting to evidence that drugs had been tested on unsuspecting persons, the commission
recommended that the practice should not be renewed. Also, equipment for monitoring
communications should not be tested on unsuspecting persons within the United States. An
independent agency should be established to oversee civilian uses of aerial photography to
avoid any concerns over the improper domestic use of a CIA-developed system.
Concerned with distinguishing the separate responsibilities of the CIA and the Federal
Bureau of Investigation (FBI), the commission urged that the DCI and the Director of the FBI
prepare and submit to the National Security Council a detailed agreement setting forth the
jurisdictions of each agency and providing for effective liaison between them.
The commission also recommended that all intelligence agencies review their holdings
of classified information and declassify as much as possible.
77
The definitive account of the Church Committee's work is Loch K. Johnson, A Season ofInquiry: Congress
and Intelligence, 2nd. ed. (Chicago: Dorsey Press, 1988).
78
U.S. Congress, Senate, 94th Congress, 2nd session, Select Committee to Study Governmental
Operations with respect to Intelligence Activities, Foreign and Military Intelligence, Final Report, Book I, S.
Rept. 94-755, April 26,1976; hereafter cited as the Church Committee Report.
CRS-22
CRS-23
Reflecting concerns about abuses of the rights of U.S. citizens, the committee made a
series of recommendations regarding CIA involvement with the academic community, members
of religious organizations, journalists, recipients of government grants, and the covert use
of books and publishing houses. A particular concern was limiting any influence on domestic
politics of materials published by the CIA overseas. Attention was also given to proprietary
organizations CIA creates to conduct operations abroad; the committee believed them
necessary, but advocated stricter regulation and congressional oversight.
The committee recommended enhanced positions for CIA's Inspector General (IG) and
General Counsel (GC), urging that the latter be made a presidential appointee requiring Senate
confirmation.
In looking at intelligence agencies other than the CIA, the committee recommended that
the Defense Intelligence Agency (DIA) be made part of the civilian Office of the Secretary
of Defense and that a small J-2 staff provide intelligence support to the Joint Chiefs of Staff.
It was urged that the directors of both DIA and the National Security Agency (NSA) should
be appointed by the President and confirmed by the Senate. The committee believe that either
the director or deputy director of DIA and of NSA should be civilians. Turning to the State
Department, the committee urged the Administration to issue instructions to implement
legislation that authorized ambassadors to be provided information about activities conducted
by intelligence agencies in their assigned countries. It also stated that State Department efforts
to collect foreign political and economic information overtly should be improved.
Funding for intelligence activities has been included in Defense Department authorization
and appropriations legislation since the end of World War II. The Church Commission
advocated making public, at least, total amounts and suggested consideration be given as to
whether more detailed information should also be released. The General Accounting Office
(GAO) should be empowered to conduct audits at the request of congressional oversight
committees.
Tests by intelligence agencies on human subjects of drugs or devices that could cause
physical or mental harm should not occur except under stringent conditions.
The committee made a number of recommendations regarding procedures for granting
security clearances and for handling classified information. It also recommended consideration
of new legislative initiatives to deal with other existing problems. Finally, the Committee
recommended the creation of a registry of all classified executive orders, including NSC
directives, with access provided to congressional oversight committees.
CRS-24
were published on February 11, 1976.81 There were some twenty recommendations, some
dealing with congressional oversight, with one dealing, anomalously, with the status of the
Assistant to the President for National Security Affairs.
The Pike Committee recommended that covert actions not include, except in time of
war, any activities involving direct or indirect attempts to assassinate any individual. The
prohibition was extended to all paramilitary operations. A National Security Council
subcommittee would review all proposals for covert actions and copies of each subcommittee
member's comments would be provided to congressional committees. The committee further
recommended that congressional oversight committees be notified of presidential approval
of covert actions within 48 hours. According to the proposal, all covert actions would have
to be terminated no later than 12 months from the date of approval or reconsidered.
The committee recommended that specific legislation be enacted to establish NSA and
define its role in monitoring communications of Americans and placed under civilian control.
The Pike Committee further recommended that all "intelligence related items" be included
as intelligence expenditures in the President's budget and that the total sum budgeted for
intelligence be disclosed.
The committee recommended that transfers of funds be prohibited between agencies
or departments involved in intelligence activities. Reprogramming of funds within agencies
would be dependent upon the specific approval of congressional oversight and appropriations
committees. The same procedures would be required for expenditures from reserve or
contingency funds.
The Pike Committee also looked at the role of the DCI. Like many others who have
studied the question, it recommended that the DCI should be separate from managing any
agency and should focus on coordinating and overseeing the entire intelligence effort with
a view towards eliminating duplication of effort and promoting competition in analysis. It
advocated that he should be a member of the National Security Council. Under this proposal
the DCI would have a separate staff and would prepare national intelligence estimates and
daily briefings for the President. He would receive budget proposals from agencies involved
in intelligence activities. (The recommendations did not indicate the extent of his authority
to approve or disapprove these recommendations.) The DCI would be charged with
coordinating intelligence agencies under his jurisdiction, eliminating duplication, and
evaluating performance and efficiency.
The committee recommended that the GAO conduct a full and complete management
and financial audit of all intelligence agencies and that the CIA internal audit staff be given
complete access to CIA financial records.
The committee recommended that a permanent foreign operations subcommittee of the
NSC, composed of cabinet-rank officials, be established. This subcommittee would have
jurisdiction over all authorized activities of intelligence agencies (except those solely related
U.S. Congress, House of Representatives, 94th Congress, 2nd session, Select Committee on Intelligence,
Recommendations of the Final Report of the House Select Committee on Intelligence, H. Rept. 94-833, February
11,1976.
CRS-25
to intelligence gathering) and review all covert actions, clandestine activities, and hazardous
collecting activities.
It was recommended that DIA be abolished and its functions divided between the Office
of the Secretary of Defense and the CIA. The intelligence components of the military services
would be prohibited from undertaking covert actions within the U.S. or clandestine activities
against U.S. citizens abroad.
Relations between intelligence and law enforcement organizations were to be limited.
Intelligence agencies would be barred from providing funds to religious or educational
institutions or to those media with general circulation in the United States.
The committee recommended that specific legislation be considered to deal with the
classification and regular declassification of information.
It was also recommended that an Inspector General for Intelligence be nominated by
the President and confirmed by the Senate with authority to investigate potential misconduct
of any intelligence agency or personnel. He would make annual reports to the Congress.
The committee also made recommendations regarding the organization and operations
of the FBI and its role in investigating domestic groups.
In an additional recommendation, Representative Les Aspin, a member of the committee,
urged that the CIA be divided into two separate agencies, one for analysis and the other for
clandestine collection and covert operations. A similar recommendation was made by
Representative Ron Dellums, who also served on the committee.
U.S. Congress, Senate, 94th Congress, 2nd session, Committee on Government Operations, Oversight of U.S.
Government Intelligence Functions, Hearings, Jan. 21-Feb. 6, 1976, pp. 203-204.
In his book Secrets, Spies, and Scholars (Washington: Acropolis Books, 1976).
CRS-26
84
The effort to pass intelligence charter legislation is described in John M. Oseth, Regulating U.S. Intelligence
Operations: A Study in Definition of the National Interest (Lexington, KY: University Press of Kentucky, 1985);
also, Frank J. Smist, Jr., Congress Oversees the United States Intelligence Community, Second Edition, 1947-1994
(Knoxville, TN: University of Tennessee Press, 1994).
CRS-27
Executive Order 11905, February 18, 1976, United States Foreign Intelligence Activities, as summarized
in Alfred B. Prados, Intelligence Reform: Recent History and Proposals, CRS Report 88-562 F, August 18, 1988,
p. 18; hereafter cited as Prados, 88-562 F.
86
Executive Order 12036, January 24, 1978, United States Intelligence Activities; hereafter cited as Executive
Order 12036.
87
Lowenthal, p. 107.
88
Bruce W. Watson, Susan M. Watson, and Gerald W. Hopple, United States Intelligence: An Encyclopedia
(New York: Garland Publishing, 1990), p. 231.
89
Section 1.5(a), Executive Order 12333, December 4, 1981, United States Intelligence Activities.
90
91
92
Lowenthal, p. 107.
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To a certain extent, E.O. 12333 represented a relaxation of the restrictions placed upon
the community by Carter. Although it maintained the prohibition on assassination, the focus
was on "authorizations" rather than "restrictions." "Propriety" was removed as a criterion
for approving operations. Arguably, the Reagan Administration established a presumption
in favor of government needs over individual rights.93 However, in the absence of legislation,
the DCI continued to lack statutory authority over all aspects of the Intelligence Community,
including budgetary issues.
In his book Secrecy and Democracy: The CIA in Transition (Boston: Houghton Mifflin, 1985).
CRS-29
Boren-McCurdy, 1992
A major legislative initiative, reflecting the changed situation of the post-Cold War world,
began in February 1992, when Senator David Boren, the Chairman of the Senate Select
Committee on Intelligence, and Representative Dave McCurdy, the Chairman of the House
Permanent Select Committee on Intelligence, announced separate plans for an omnibus
restructuring of the U.S. Intelligence Community, to serve as an intelligence counterpart to
the Goldwater-Nichols Department of Defense Reorganization Act of 1986. The two versions
of the initiative (S. 2198 and H.R. 4165, 102nd Congress) differed in several respects, but
the overall thrust of the two bills was similar. Both proposals called for:
97
U.S. Congress, 100th Congress, 1st session, Senate Select Committee on Secret Military Assistance to Iran
and the Nicaraguan Opposition and U.S. House of Representatives Select Committee to Investigate Covert Arms
Transactions with Iran, Report of the Congressional Committees Investigating the Iran-Contra Affair with
Supplemental, Minority, and Additional Views, S.Rept. 100-216/H.Rept. 100433, November 17,1987, pp. 423427;
hereafter cited as the Iran-Contra Report.
98
CRS-30
Creating a separate Director of the CIA, subordinate to the new DNI, to manage
the agency's collection and covert action capabilities on a day-to-day basis;
Consolidating analytical and estimative efforts of the Intelligence Community
(including analysts from CIA, and some from DIA, the Bureau of Intelligence and
Research (INR) at the State Department, and other agencies) into a separate office
under one of the Deputy DNIs (this aspect of the proposal would effectively
separate CIA's analytical elements from its collection and covert action offices);
Creating a National Imagery Agency within the Department of Defense (DOD)
to collect, exploit, and analyze imagery (these tasks had been spread among several
entities; the House version would divide these efforts into two new separate
agencies).
Authorizing the Director of DIA to task defense intelligence agencies (DIA, NSA,
the new Imagery Agency) with collection requirements; and to shift functions,
funding, and personnel from one DOD intelligence agency to another;
This major restructuring effort would have provided statutory mandates for agencies
where operational authority was created by executive branch directives. Both statutes and
executive branch directives provided the DCI authority to task intelligence agencies outside
the CIA and to approve budgets and reprogramming efforts; in practice, however, this authority
had never been fully exercised. This legislation would have provided a statutory basis for
the DCI (or DNI) to direct collection and analytical efforts throughout the Intelligence
Community.
The Boren-McCurdy legislation was not adopted, although provisions were added to
the FY1994 Intelligence Authorization Act (P.L. 102-496) that provided basic charters for
intelligence agencies and set forth in law the DCFs coordinative responsibilities vis--vis
intelligence agencies other than the CIA. Observers credited strong opposition from the
Defense Department and concerns of the Armed Services Committees with inhibiting passage
of the original legislation.
Commission on the Roles and Capabilities of the U.S. Intelligence Community (Aspin
Commission), 1995-1996
Established pursuant to the Intelligence Authorization Act for FY 1995 (P.L. 103-359)
of September 27,1994, the Commission on the Roles and Capabilities of the U.S. Intelligence
Community was formed to assess the future direction, priorities, and structure of the
Intelligence Community in the post-Cold War environment. Originally under the chairmanship
of the late Les Aspin, the commission was subsequently headed by former Secretary of Defense
Harold Brown. Nine members were appointed by the president and eight nominated by the
congressional leadership. A final report was scheduled for March 1996.
P.L. 103-359 set forth nineteen separate issues for the commission to address, including
a determination of intelligence needs and priorities in the post-Cold War world, whether or
not existing organizational arrangements provide the most effective and efficient framework
to meet those needs, and what resources will be necessary to satisfy these requirements.
CRS-31
Specifically, the commission was asked to examine such issues as the need to maintain
the CIA as a separate entity, U.S. counterintelligence efforts, and the managerial structure
of intelligence components in the armed services. In an era of budgetary constraints and
evolving policy concerns, the commission also was expected to address personnel issues,
allocations of resources, duplication of services, expanded use of open source intelligence,
and the viability of maintaining a covert action capability. The future responsibilities and
authorities of the DCI were indicated to be a paramount concern.
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PART II
Advantages and Disadvantages of Major Proposals
Many of the recommendations contained in commission reports and legislative initiatives
have been-at least in part-adopted either by Executive Order, through other executive branch
initiatives, or in statutory law. A number of the issues raised by commissions and with other
proposals have been addressed in the context of annual authorization bills (and occasionally
through appropriations laws). Many observers believe that this process has proven effective
since issues can be dealt with on a case-by-case basis as they appear most urgent. Charter
legislation, on the other hand, inevitably involves broad questions relating not only to
intelligence, but to defense and foreign policy. The legislative effort involved in sorting out
the complexities of such concerns and holding together a coalition for many months is
perceived as more difficult than including less ambitious provisions in annual authorization
bills. The annual authorization process is not, however, necessarily smooth; in November
1990, President Bush pocket-vetoed an intelligence authorization bill and a replacement was
not signed until the following August; the FY1996 Intelligence Authorization Act was not
signed until more than three months into the new fiscal year.
Although a consolidated legislative charter has not been enacted for the Intelligence
Community, legislation has addressed the preponderance of issues that have been raised by
commissions and investigatory committees. Title VII of the Intelligence Authorization Act
for FY1993 (P.L. 102-496) included provisions defining the role of the DCI and the
responsibilities of the Secretary of Defense pertaining to national intelligence activities. In
so doing, it provided a statutory basis for intelligence agencies beyond that which they had
been granted in previous legislation. Earlier statutes relating to some intelligence agencies
primarily concerned buildings and personnel rather than operational missions.
A series of laws has also been enacted governing procedures for implementing covert
actions." There has been extended controversy on the extent of notice that presidents should
provide to Congress concerning such actions; presidents continue to assert a constitutional
right to initiate covert actions without notifying Congress in extreme circumstances. Although
many in Congress remain opposed to this assertion, observers consider that, on the whole,
current procedures are adequate, as long as reasonably good will prevails between the executive
and legislative branches.
CIA Inspectors General are now nominated by the President and confirmed by the Senate;
legislation to require presidential appointment of the CIA General Counsel was rejected in
Reporting of covert actions was most recently addressed in Title VI of the Intelligence Authorization Act
for FYI991 (P.L. 102-88) which incorporated changes that reflected judgments of previous weaknesses revealed
in the Iran-Contra Affair. Some in Congress had intended to include a provision requiring that Congress be provided
prior notice of covert actions (or, in emergencies, within 48 hours of initiation), but the Bush Administration
expressed strong opposition and asserted a Constitutional right for the President to undertake covert actions when
necessary. The Conference Committee that met on the FY1991 bill noted that neither intelligence committee
had ever accepted that the Constitution allowed the President to exercise such authority, but added: "The conferees
recognize that this is a question that neither they nor the Congress itself can resolve. Congress cannot diminish
by statute powers that are granted by the Constitution. Nor can either the legislative or executive branch
authoritatively interpret the Constitution, which is the exclusive province of the judicial branch." U.S. Congress,
House of Representatives, 103rd Congress, 1st session, Committee of Conference, Intelligence Authorization
Act, Fiscal Year 1991, H. Rept. 102-166, July 25, 1991, p. 28.
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the 103d Congress.100 Little, if any, consideration has been given to limiting the term of the
DCI to 10 years, since all recent DCIs have had much shorter tenures. There exists
considerable feeling that presidents must have a degree of confidence in their DCIs that could
not exist in a person who does not serve at the president's pleasure.
Another area of concern reflected in many recommendations is the potential for
intelligence agencies to infringe on the rights of U.S. citizens. Such concerns fueled the Church
and Pike investigations as well as others. Congress has addressed these issues in several pieces
of legislation, including the Foreign Intelligence Surveillance Act of 1978 and the Classified
Information Procedures Act of 1980 (PL. 96-456). Legislation relating to warrantless wiretaps
and physical searches was enacted as part of the Intelligence Authorization Act for FY1995
(P.L. 103-359). Questions regarding the proper coordination of intelligence collection by
the CIA and the FBI were, however, raised anew in the aftermath of the Oklahoma City
bombing.
A Counterintelligence Policy Board was established, and closer cooperation between
the CIA and the FBI on counterintelligence issues mandated, in Section 811 of the FY1995
Intelligence Authorization Act (with the FBI granted a more important role). The FY1996
Intelligence Authorization Act (P.L. 104-93) provided the FBI with enhanced authority to
acquire information for counterintelligence purposes.
Congress and the executive branch have addressed most of the issues raised by
commissions and individual legislators; the results inevitably have not been universally popular.
Some continue to seek broader restrictions, if not outright prohibitions of covert actions.
Drafting regulations and statutes on classification continues to be contentious. As is the case
with any group of federal agencies, there is likely to be a continuing need to adapt the
regulations and statutes dealing with the Intelligence Community to changing conditions and
public opinion.
There remain, nonetheless, several areas of continuing concern that have been addressed
by commissions and Members over the years that some believe have never been adequately
resolved by Congress or the executive branch. The extent of the DCI's authority over agencies
other than the CIA, the role and control of covert actions, and the question of making public
the total amount of intelligence spending are of continuing interest. These remain controversial
among informed observers and all may be revisited during the 104th Congress (along with
the somewhat more narrow question of requiring confirmation of the CIA's General Counsel).
The positions of those who support and oppose various proposals are indicated where possible,
but in many cases the views noted may only reflect those held at one point in time.
100
The original Senate version of the intelligence authorization act for FY1995 (S. 2082, 103d Congress)
contained provisions requiring Presidential nomination and Senate confirmation of CIA's general counsel, but
support from House conferees was not forthcoming.
CRS-34
direction a degree of influence over the budgetary and operational practices of other intelligence
agencies. Most DCIs, however, have chosen (or have been directed) to concentrate their
energies on the CIA. Stansfield Turner, DCI under President Carter, was perhaps the DCI
most inclined to focus on community-wide concerns. The current DCI, John M. Deutch,
following his Pentagon experience, is making vigorous efforts to integrate intelligence activities
of different agencies. On the other hand, some DCIs, including those who were most concerned
with clandestine operations, such as Allen Dulles, Richard Helms, William Colby, and William
Casey, tended not to concentrate on community-wide programs. The personal inclinations
of DCIs and Presidents will, it seems, inevitably influence the relative emphasis that is given
to community-wide issues.
As noted above, some commissions and legislators, perceiving a need for more centralized
direction and coordination of the Intelligence Community, have proposed that the DCI be
given more authority over all intelligence agencies, specifically in terms of approving budgets,
directing collection and analytical tasks, realigning functions, and transferring personnel among
agencies. Some have suggested that the senior intelligence official be given the title of Director
of National Intelligence (DNI) with a separate position created for the head of the CIA who
would have responsibility for the day-to-day management of the agency.
Arguments In Favor. Intelligence activities and spending are spread over many agencies
and offices, some of which duplicate the work of others; given the end of the Cold War and
tight budgetary constraints throughout the federal government, one individual is needed to
coordinate and rationalize the nation's intelligence effort, eliminating waste and duplication
of effort. Heretofore, despite having been given some authority to review other agency
budgets, DCIs have lacked meaningful authority to change budgets, initiate or eliminate
programs, and move personnel from one agency to another. The large intelligence agencies
of the Defense Department that account for the bulk of intelligence spending, in particular,
have been more responsive to the practical needs of senior military officers and the OSD staff
than to the DCI. Many of DCI Turner's efforts to merge national and tactical intelligence
activities in the late 1970s were, however, successfully resisted by DOD. Despite subsequent
efforts to enhance the authority of the DCI, DOD retains enormous influence over both national
and tactical systems.
Existing arrangements, according to this view, have resulted in faulty coordination, waste,
duplication of effort, and a failure to provide the best available intelligence support to
customers. Agencies, especially the DOD intelligence agencies, have set their own agendas,
procured their own equipment, and developed their own programs with insufficient attention
to efforts underway elsewhere. In some cases, expensive technologies and/or scarce human
agents have been directed to acquire data that could have been obtained from open sources.
A major problem area has been a failure by the leadership of the Intelligence Community to
prioritize collection requirements adequately. Too often collection efforts have been
undertaken more because the technology and administrative infrastructure existed rather than
as a result of significant operational or policy needs.
Despite having certain responsibilities for the entire Intelligence Community, DCIs for
the most part have concentrated on the management of the CIA (and especially the Operations
Directorate). Efforts to coordinate the activities of all agencies have been distinctly secondary.
To remedy the problem indicated, fundamental statutory changes are required. The DCI would
have to be given "line" authority over all intelligence organization, or at least the larger ones
NSA, CIA, NRO, and DIA. Budget authority would have to be appropriated to him and he
CRS-35
would have to be given authority to move personnel from agency to agency as needed and
to consolidate and direct the activities of the entire community. The creation of the Intelligence
Community Staff in 1972 ultimately proved inadequate as it became immersed in technical
budgetary staffwork and failed to exert significant leadership of the community. It was
replaced in 1992 by the Community Management Staff (CMS) with similar functions but
working more closely for the DCI. There is some question that the CMS can resolve the
perceived difficulties without changes in the DCI's statutory authorities.
Adherents of this view usually indicate that the DCI (or DNI) should not involve himself
directly in the day-to-day management of the CIA, but concentrate on community-wide issues.
They see him as functioning at the White House level in a manner similar to the OMB Director.
These arguments have been put forth, in varying forms, by many observers including
Schlesinger, Clifford, Cline, the Pike Committee, and in the Boren/McCurdy bills.
Arguments in Opposition. Those who have opposed the above line of argument believe
that any separation of the DCI from the management of the CIA would render him far less
influential. To a considerable extent, influence in policy derives from institutional functions
and, if the DCI had only a small personal staff, he would become merely another White House
aide. Power would gravitate to the person who was actually directing the extensive daily affairs
of the CIA.
The major DOD intelligence agencies are closely related to military combat functions
and are staffed with active-duty military personnel. The needs of military commander differ
from those of policymakers. Placing them under a civilian official not in the military chain
of command would undercut the vital principle of unity of command; it could result in the
subordination of the needs of combat forces to civilian concerns and a genuine decrease in
military capabilities. The approach might also encourage a tendency within DOD to establish
rudimentary and less capable intelligence entities under the direct control of military
commanders. Strong opposition to this approach has been set forth by Secretaries of Defense
(especially by Secretary Richard Cheney in comments on the Boren-McCurdy proposals).
Admiral Bobby Inman, who had served as Director of NSA and Deputy DCI, has noted that
"I suspect if you query the former Directors of Central Intelligence, none will support
[separating the leadership of the Community from management of CIA], because they all
remember the support they got primarily from CIA for carrying out their missions. And they
worry that without that they would not be effective in this city. I have even heard the phrase
used, that they would be like the Drug Czar.101
Some opponents of increasing the statutory authority of the DCI do not believe that
current procedures for coordinating intelligence collection and analysis are inappropriate.
In many cases, they argue, those closest to collection systems have the best insight into ways
to optimize collection. Moreover, analysts in various agencies know which problems are of
greatest concern to senior officials. The creation of a separate DNI would add another layer
of staff not closely connected to ongoing needs for intelligence support to policymakers and
military commanders.
Others acknowledge that real problems exist with coordination and duplication of effort,
but believe that current authorities are adequate. The problems stem from inattention by
""Testimony reprinted in U.S. Congress, Senate, 102nd Congress, 1st session, Select Committee
on Intelligence, Review ofIntelligence Organization, Hearing, S. Hrg. 102-91, March 21,1991, p. 23.
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previous DCIs and, perhaps, poor appointments to leadership positions in the Intelligence
Community. They believe that a rigorous exploitation of existing authorities and creative
use of the Community Management Staff could allow the DCI to coordinate intelligence
activities far more effectively than has been done previously. The earlier efforts by DCI Turner
were in part misconceived and, in any event, affected by Cold War issues that are no longer
relevant. Now, it is argued, a new approach can be taken to bring intelligence agencies into
closer alignment.
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of improving the CIA's analytical reputation would outweigh any overlap. Such arguments
have been made by Ray Cline, former Representative Aspin, and, earlier, by Professor Harry
Howe Ransom.102 They were also reflected in the Boren-McCurdy proposals.
Arguments in Opposition. Those who support the retention of the Operations Directorate
within the current CIA organization argue that any separate covert action organization would
complicate the nation's intelligence efforts by creating still another agency with its own
institutional interests, thereby making centralized coordination more difficult. There have
been instances of covert operatives working at cross purposes in the field, and inevitable
compartmentalization will complicate efforts of senior policymakers to gain an understanding
of information held in all parts of the U.S. government about a given foreign situation.
These observers further argue that there is no valid need to protect analysts from the
"grimy real world the collectors deal with." Intelligence analysts, they argue, are not academic
specialists but government officials responsible for providing warning of threats to the national
security. They need, accordingly, the closest contact with those engaged in intelligence
collection and operations. Such views have been set forth by former DCI Colby and former
senior CIA official George Carver.103
A Third View. Still other observers have argued that covert actions have never been
specifically authorized by statute and that the CIA's conduct of them is legally questionable
(although provisions for the reporting of presidential authorizations have been enacted).104
Those holding this view would probably oppose an agency specifically established to undertake
covert actions and further argue that covert actions are contrary to the national interest and
the U.S. should set an example by forswearing them.
102
See Ransom's The Intelligence Establishment (Cambridge, Mass: Harvard University Press, 1970), pp.
246-247.
103
U.S. Congress, House of Representatives, 102d Congress, 2d session, Permanent Select Committee on
Intelligence, H.R. 4165, National Security Act of 1992, Hearings, Part I, March 4, and 11, 1992, especially pp.
38-39,191-192.
1<M
See the comments contained in a February 20, 1992 letter from the American Civil Liberties
Union, reprinted in U.S. Congress, 102d Congress, 2nd session, Select Committee on Intelligence, U.S. Senate,
and Permanent Select Committee on Intelligence, House of Representatives, S. 2198 and S. 421 to Reorganize
the United States Intelligence Community, Joint Hearing, S. Hrg 102-1052, April 1, 1992, pp. 96-97.
105
For additional background, see Richard A. Best, Jr. and Elizabeth B. Bazan, Intelligence Spending: Should
Total Amounts Be Made Public?, CRS Report 94-261F, March 22,1994.
CRS-38
made public. In recent years, there has been widespread media discussions of a given multibillion dollar figure and the House Appropriations Committee in 1994 released testimony
that described dollar amounts included in the Administration intelligence spending request
for FY1995.106 Congress has twice gone on record (in the FY1992 and FY1993 intelligence
authorization acts) urging that "the aggregate amount requested and authorized for, and spent
on, intelligence and intelligence-related activities should be disclosed to the public in an
appropriate manner." In 1993, 1994, and 1995, however, Congress rejected floor amendments
to release intelligence budget totals.
Arguments in Favor. The principal argument by those in favor of making intelligence
spending levels public is based on constitutional provisions requiring regular statements and
accounts of public spending (Article I, Section 9, Clause 7). Even if obscuring intelligence
spending is considered technically legal, given the end of the Cold War it is unwise and
unnecessary. The public has a right to know how taxmonies are being spent. The Church
and Pike Committees made this point, as have numerous other observers in more recent years.
The secrecy that surrounded the Cold War superpower competition is no longer needed.
Even if potential enemies learn how much the United States is spending on intelligence, the
information will not assist them. There are unlikely to be any bulges in intelligence spending
that would alert them to new American capabilities, and current surveillance systems are widely
known. Similarly, it is unlikely that additional U.S. resources directed at a new target would
be of sufficient size to create a noticeable increase in total intelligence spending and alert the
targeted country. Public discourse regarding intelligence priorities will be enhanced and
intelligence activities ultimately improved through the democratic process. Some former senior
intelligence officials have come to support public disclosure of total expenditures, including
former DCI Turner and Admiral Inman. The current DCI, John Deutch, has stated that
disclosing the aggregate total figure for intelligence spending would cause no harm to national
security.
Arguments in Opposition. Intelligence spending has been kept secret since the early
days of the Republic in order to avoid making potentially hostile foreign powers even generally
aware of American efforts. Although the international situation has changed dramatically
in recent years, publicity surrounding intelligence spending inevitably complicates the conduct
of the nation's foreign policy and gives potential adversaries a propaganda boon as well as
official notice of U.S. activities and capabilities. Secrecy, they argue, is the prerequisite for
intelligence collection and evaluation and spending levels can be a prime indicator of U.S.
programs. Such arguments were made by former DCI James Woolsey for the Clinton
Administration and by Robert Gates when he served as DCI in the Bush Administration
(although at one earlier point he had indicated flexibility on the issue).
There are two arguments often made by those opposed to making total figures for
intelligence spending public; they are described colloquially as the "slippery slope" and the
"rabbit in the snake." The former refers to the difficulty of making public a single figure for
intelligence spending without immediately having to set forth an elaborate explanation of
what is included and what is excluded. The resulting discussion and cost breakouts would
106
U.S. Congress, House of Representatives, 103rd Congress, 2nd session, Committee on Appropriations,
Subcommittee on the Department of Defense, Department of Defense Appropriations for 1995, Hearings, Part
3,1994, pp. 717,784.
CRS-39
eventually and inevitably result in revealing virtually every aspect of intelligence spending
and reveal legitimate areas of secrecy. The "rabbit in the snake" argument suggests that large
changes in intelligence spending in a single year would reveal to foreign governments or hostile
groups the introduction of new collection systems and allow them to take countermeasures.
It is recalled that the advent of satellite systems had produced just such an increase, and
information concerning the pace and extent of the U.S. effort would have been highly valuable
to Soviet leaders had they had access to budgetary totals.
Some opposed to releasing budgetary data also suggest that publishing numbers without
extensive explanation could easily mislead the public. Some tactical intelligence programs,
for instance, could be moved out of the intelligence budget to justify claims of a major decline
in intelligence spending when in fact there had been no net savings to the taxpayers.
Maneuvering some tactical programs into non-intelligence accounts in order to present a lower
overall intelligence budget figure would further, some would argue, undermine the influence
of the DCI (and, potentially, congressional intelligence oversight committees) and hamper
efforts to closely coordinate expensive national and tactical programs.
Conclusion
23-748 (384)