Report highlights challenges facing new national intelligence director

Congressional Research Service notes concerns about ambiguities in law, especially relationship between DNI and Defense secretary.

A recent Congressional Research Service report outlines challenges the nation's new director of national intelligence will face in implementing his powers.

"Whether the DNI's authorities under the new statute are sufficient to meet the demands of effective management remains to be seen," according to the report, which was obtained by the Federation of American Scientists' Project on Government Secrecy.

The new position was created as part of the 2004 Intelligence Reform and Terrorism Prevention Act. President Bush has nominated John Negroponte, former U.S. ambassador to Iraq and the United Nations, to fill post, which will oversee the nation's $40 billion annual intelligence budget and 15 intelligence agencies.

The report highlights significant new authorities the DNI has over budget, personnel, acquisition, and the new National Counterterrorism Center. The report notes, however, that concerns have been raised about ambiguities in the law, especially regarding the relationship between the DNI and the Defense secretary. An estimated 85 percent of all intelligence resources go to Pentagon agencies.

For example, the DNI is charged with putting together the National Intelligence Program, but his authorities are limited when it comes to DoD's Joint Military Intelligence Program and Tactical Intelligence and Related Activities Program. According to the law, the DNI will "participate in the development" of those two programs with the Defense secretary.

Also, the DNI must share acquisition authority for Defense programs with the Defense secretary. For intelligence agencies outside the Pentagon, the DNI serves as the exclusive decision-making authority for major acquisitions.

"In examining the DNI's authorities, it is clear that they are substantially stronger than those held by the former director of central intelligence, but whether the DNI has sufficient management authority to implement mandated reforms will depend on several factors," the report said.

"They include the DNI's determination to assert his new powers, the extent to which the DNI receives presidential and congressional support, and the DNI's ability to successfully establish a transparent intelligence budget process that will permit him to make and effectively enforce informed budget decisions."

The report concluded that much will depend on how the DNI understands his position, and on the patterns of cooperation that are set in the initial period of his tenure.