Intelligence Reform After Five Years: The Role of the Director of National Intelligence (DNI)

Richard A. Best Jr.
Specialist in National Defense

The Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) was the most significant legislation affecting the U.S. intelligence community since the National Security Act of 1947. Enacted in the wake of the 9/11 Commission's final report, the 2004 act attempted to ensure closer coordination among intelligence agencies especially in regard to counterterrorism efforts. Most notably, the Intelligence Reform Act established the position of Director of National Intelligence (DNI) with more extensive authorities to coordinate the nation's intelligence effort than those formerly possessed by Directors of Central Intelligence. The DNI speaks for U.S. intelligence, he briefs the President, has authority to develop the budget for the national intelligence effort and manage appropriations made by Congress, and, to some extent, can transfer personnel and funds from one agency to another. The Office of the DNI (ODNI), a staff of some 1,600 officials along with additional contract personnel, works to carry out the DNI's responsibilities.

Observers are divided over the success of the DNI position and the ODNI. Three DNIs have been successively appointed and confirmed; none served more than two years. A number of innovations have been undertaken in the intelligence community to encourage coordination and information sharing. However, some observers remain skeptical of the need for a DNI or ODNI. A widespread perception is that coordinative mechanisms and authorities as currently established are inadequate to the goal of creating a more flexible and agile intelligence effort. Still others see cooperative efforts in the intelligence community as a test-case of the extent to which independent federal agencies can work closely together without being merged under a single leader.

Congress has monitored the work of DNIs and the ODNI, but oversight has thus far been largely informal, given the absence of enacted intelligence authorization legislation since 2004, shortly after passage of the Intelligence Reform Act. Some outside observers would repeal the act, but there appears to be little enthusiasm among Members to undo a major piece of legislation and return to the status quo ante. On the other hand, there appears to be limited sympathy for creating a "Department of Intelligence," directly managed by one official.

The roles of the DNI and the ODNI are likely to form the backdrop for congressional consideration of intelligence authorization legislation for FY2010 (H.R. 2701 and S. 1494) and for FY2011. In addition, confirmation hearings for General James R. Clapper, Jr., nominated by President Obama on June 7, 2010, to serve as the fourth DNI, are likely to include consideration of the responsibilities of the position.

Additional information on issues related to the DNI and the ODNI can be found in CRS Report RL33539, Intelligence Issues for Congress, by Richard A. Best Jr.; CRS Report RL34231, Director of National Intelligence Statutory Authorities: Status and Proposals, by Richard A. Best Jr. and Alfred Cumming; and CRS Report R41284, Intelligence, Surveillance, and Reconnaissance (ISR) Acquisition: Issues for Congress, by Richard A. Best Jr.


Date of Report: June 22, 2010
Number of Pages: 14
Order Number:R41295
Price: $29.95

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