Congressional Research Service ˜ The Library of Congress
CRS Report for Congress
Received through the CRS Web
Order Code RS22112
April 11, 2005
Director of National Intelligence: Statutory
Authorities
Richard A Best, Jr.; Alfred Cumming; and Todd Masse
Foreign Affairs, Defense, and Trade and Domestic Social Policy
Summary
In passing the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L.
108-458) in late 2004, Congress approved the most comprehensive reform of the U.S.
Intelligence Community since its establishment over 50 years ago. Principal among
enacted changes was the establishment of a new position of the Director of National
Intelligence (DNI) to manage the Intelligence Community. Some observers have
questioned whether the new statute provides the DNI the necessary authorities to
effectively manage the Community. In examining the DNI’s authorities, it is clear that
they are substantially stronger than those held by the former Director of Central
Intelligence (DCI), but whether the DNI has sufficient management authority to
implement mandated reforms will depend on several factors. 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. This suggests close and continuous congressional
oversight of the reform process. This Report will be updated as new information
becomes available.
Background
On March 17, 2005, President Bush forwarded to the Senate the nomination of
Ambassador John Negroponte to fill the position of Director of National Intelligence
(DNI) established by the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L.
108-458; hereafter, the Intelligence Reform Act). There has been considerable media
speculation as to whether the new DNI will have the authority necessary to effectively
manage the Intelligence Community, which has long been viewed by many observers as
more of a loose confederation of 15 separate intelligence entities than an integrated
community. However, even if the degree of the DNI’s enhanced authority remains
uncertain, the Director’s responsibilities are clearer than have been those of Directors of
Central Intelligence (DCIs).
