Lawmakers Say They Were Left Out of Spy Overhaul

By SIOBHAN GORMAN 
August 1, 2008
http://online.wsj.com/article/SB121754869604102729.html?mod=world_news_whats
_news


WASHINGTON -- The White House's intelligence-agency overhaul drew immediate
fire Thursday from lawmakers in both parties, who complained that the
administration sidelined Congress while it crafted the largest rewrite of
spy powers in decades.

 [Chart]
<http://s.wsj.net/public/resources/images/NA-AR684A_SPY_20080731215622.gif> 

Michigan Rep. Pete Hoekstra, the top Republican on the House intelligence
committee, walked out of the panel's classified meeting with Director of
National Intelligence Mike McConnell to protest what he charged was the
administration's decision not to consult Congress as it revised the
Reagan-era executive order. Other Republicans also left the meeting, while
three remained for the full briefing.

A White House spokesman, Gordon D. Johndroe, said the administration
"routinely consulted with members of Congress and their staff as we
developed revisions" to the executive order.

The updated spy powers, which President George W. Bush released on Thursday,
give the intelligence director a stronger hand in ordering analyses, hiring
and firing agency leaders and managing the acquisition of expensive programs
such as new spy satellites. They also spell out, for the first time, the
oversight and policy responsibilities of the intelligence director and the
National Security Council regarding covert action, which will still be
carried out by the Central Intelligence Agency.

The overhaul "will have a real and lasting effect, fostering a true
intelligence community," Mr. McConnell said in a statement.

The 2004 legislation that created the intelligence-director post gave it
budget and hiring authorities, but left some key powers vague. That has led
to endless debate in Washington over how much power the director really has.
The rewrite of the executive order, in the wake of several post-9/11
intelligence-reform efforts, sought to settle some of those debates.

The order, first issued in 1981 as Executive Order 12333, is viewed as the
bible of the 16 intelligence agencies, defining the authorities of each one
relative to the others. The revision of the order, which Mr. McConnell
launched about a year ago, prompted a series of fights among agencies that
feared changes to their authority would eat away at their power.

On Thursday, CIA Director Michael V. Hayden, in a memo to CIA employees,
called the revisions "a positive step." But the revised order does insert
the intelligence director into activities the CIA used to control. For
example, it gives the intelligence director responsibility for developing
policy governing relationships with foreign intelligence services, which had
been primarily a CIA role. Now, the CIA will implement the policy the
intelligence director sets.

On Capitol Hill, Rep. Hoekstra said he was told by intelligence officials
that Mr. McConnell wanted to get Congress involved but the White House
wouldn't let him. Congressional staff received their first briefing a week
ago and didn't see the order until Wednesday. "They have a total disdain for
Congress," Rep. Hoekstra said in an interview. "As far as this
administration is concerned, the best oversight is no oversight."

If the revised order sought to bring administration policy in line with the
2004 intelligence reform bill, the administration ought to have solicited
congressional input, said Mr. Hoekstra, a key drafter of that bill. He said
the White House's approach to this executive order is just the latest in a
series of snubs to Congress on national security, including belated
briefings on Israeli bombing of an alleged Syrian nuclear facility and the
CIA's destruction of interrogation tapes.

As for the substance of the new order, Rep. Hoekstra said he doesn't think
the rewrite gives the intelligence director enough muscle to run U.S.
intelligence.

Rep. Silvestre Reyes (D., Texas), chairman of the House intelligence
committee, who also supports the goals of the rewrite, echoed Rep.
Hoekstra's concerns. "I am deeply disappointed that the president did not
seek congressional or public input into this document." In the Senate,
reaction was mixed. West Virginia Democratic Sen. John D. Rockefeller IV,
chairman of the intelligence panel, wasn't bothered by the minimal
congressional involvement.

The rewrite made few changes to the civil-liberties components of the 1981
order, and administration officials said they sought to bolster privacy
protections where possible. For example, the attorney general, rather than
the intelligence director, is primarily responsible for overseeing the
collection of intelligence in the U.S.

But civil-liberties groups like the American Civil Liberties Union are
nonetheless concerned that elements of the order expand the domestic reach
of intelligence agencies. "The most chilling aspect of this executive order
is that the director of national intelligence can task any agency of the
government to spy on you," said ACLU Washington director Caroline
Frederickson.

The ACLU points to provisions that permit the intelligence director to ask
non-intelligence agencies to gather information for the director. Another
provision could be read to permit local governments and private companies to
ask the intelligence agencies to collect information on their behalf.

Other government watchdogs said the new order appeared to guard civil
liberties more than they had expected. Steven Aftergood, director of the
Project on Government Secrecy at the Federation of American Scientists, said
he was relieved. "I didn't see the trashing of the previous framework that I
feared," he said.

Write to Siobhan Gorman at  <mailto:[EMAIL PROTECTED]>
[EMAIL PROTECTED]


Overhaul Elevates Intelligence Director

By SIOBHAN GORMAN
July 31, 2008; Page A3
http://online.wsj.com/article/SB121746456551398575.html


The White House is expected Thursday to unveil the largest overhaul of
intelligence powers in a generation, spelling out the responsibilities of
each intelligence agency in the wake of several reforms following the 2001
terrorist attacks, according to government officials familiar with the
plans.

 [George Bush]
<http://s.wsj.net/public/resources/images/HC-GF294_Bush_20060320154605.gif> 

President George W. Bush signed the executive order updating spy powers
Wednesday, the officials said. Designed to bolster the power of the director
of national intelligence, the revision has been a source of significant turf
battles among intelligence agencies, which fear the rewrite of spy powers is
coming at their expense.

Congress created the intelligence director's post as part of a series of
intelligence reforms in 2004, but the extent of his authority has been a
constant source of debate among intelligence officials and lawmakers.

The overhaul gives the intelligence director a greater role in hiring and
firing agency heads, authority to remove barriers to intelligence sharing,
and the responsibility for overseeing the acquisition of expensive programs
such as new spy satellites, according to documents reviewed by The Wall
Street Journal. It also hands the intelligence director more power to direct
midlevel intelligence officers.

The revised order also gives the director the responsibility for developing
policy governing relationships with foreign intelligence services, which had
been handled primarily by the Central Intelligence Agency. Under the updated
order, the CIA would be in charge of implementing the policy set by the
intelligence director.

 [Michael McConnell]
<http://s.wsj.net/public/resources/images/HC-GJ300_McConn_20070107051648.gif
> 

The order "clearly puts the [director of national intelligence] in charge,"
said Rep. Jane Harman (D., Calif.). The order "makes it harder for the
intelligence-community agencies to resist" directives from the spy chief,
added Rep. Harman, who was briefed Wednesday on the revised order. She
helped craft the 2004 law that created the new intelligence-director post.

Director of National Intelligence Mike McConnell has been working on the
rewrite for at least a year. Even after the intensive turf battles,
intelligence officials said Wednesday that they were committed to working
within the new rules.

Mr. McConnell's office referred questions to the White House, where
spokesman Stuart Siciliano declined to comment.

The rewrite, which updates a Reagan-era policy, aims to bring spy powers in
line with not only the creation of the director of national intelligence,
but also a new law revising surveillance powers that was enacted this month.

The revised order states that the new law will be the only law that governs
surveillance, in an attempt to quell the concerns of lawmakers who contend
that Mr. Bush ignored the law when he authorized a warrantless-spying
program after the Sept. 11 attacks.

It largely steered clear of prickly civil-liberties issues, according to
officials briefed on the matter. The most significant change gives the
attorney general a greater role in overseeing all domestic intelligence
activities, which intelligence officials cast as an enhancement of privacy.

The revised order says covert action will be run by the National Security
Council at the White House, carried out by the CIA and overseen by the
intelligence director.

Some on Capitol Hill were frustrated that the administration kept Congress
in the dark on this historic overhaul. "They did not consult Congress at
all," said one congressional official.

Write to Siobhan Gorman at  <mailto:[EMAIL PROTECTED]>
[EMAIL PROTECTED]

 
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