Madam President, I rise first to congratulate the committee on the hard work they have put into this bill, in particular Senator Susan Collins, who I think has done a wonderful job. This was a very difficult situation. She and Senator…
Madam President, I rise first to congratulate the committee on the hard work they have put into this bill, in particular Senator Susan Collins, who I think has done a wonderful job. This was a very difficult situation. She and Senator Lieberman have led the committee in an admirable way. What I have to say is just what I hope will be seriously considered as the bill moves its way through to final completion by the House and Senate, ultimately to be in a form that can be signed by the President.
I rise to discuss one aspect of the bill concerning privacy and civil liberties. The bill before us has many appropriate suggestions for reforming our intelligence activities. Part of this reform includes the transformation of the Central Intelligence Agency and the enhancement of the human intelligence capability. We have heard over and over again that we must increase our human intelligence. Almost every time we get in a situation where we wonder what is happening in some country--even sometimes when we are engaged in war--we ask, Do we know this? Do we know that? The answers are we should, but we don't because we don't have anyone there. We don't have anyone on the ground. That wasn't always the case, but it has become a growing difficulty.
Actually, I think we should be getting better and better at it. What concerns me is that part of this reform in this bill includes the transformation of the Central Intelligence Agency and its enhancement of human intelligence, as
I said, but this reform in human intelligence is very critical because we must get better at it. But, simultaneously, we must not inhibit it with overreaching privacy and civil liberties provisions that may have a chilling effect on such activities.
Simply put, I believe these provisions send a wrong message to our professional intelligence officers. Clearly, the 9/11 Commission report includes recommendations highlighting the need for adequate supervision of executive branch powers in order to protect civil liberties. As a modern democracy, we cherish individual rights and understand the importance of creating institutions with a clear mandate for protecting those civil rights. However, this bill establishes two officers in the National Intelligence Authority to oversee compliance of privacy policies and civil rights and civil liberties policies.
It also creates no fewer than eight similar officers for each of the executive branch departments and agencies concerned with national security. These officers would be required to recommend privacy and civil liberties policies and to:
periodically investigate and review department, agency, or
element actions, policies, procedures, guidelines, and
related laws and their implementation to ensure that [they
are] adequately considering privacy and civil liberties in
[their] actions.
These officers are created in addition to an inspector general of the National Intelligence Authority. Clearly, insisting on all of these goes well beyond what is necessary and may well hurt our attempt to improve our human intelligence.
Our history of intelligence reform has many examples of sending wrong messages to our intelligence officers. The restrictions and bureaucratic oversight instituted in the past have often hampered the aggressiveness of operations and left our policymakers with less than a complete picture about critical intelligence matters.
The chilling effect that began with the Church hearings in the 1970s, while it did some things that were good--the chilling effect is long remembered. It has had a long, long effect.
The 1995 directive issued by former CIA Director John Deutch, which limited officers from including unsavory individuals, was also something that had enormous chilling effects and caused some difficulty in obtaining the kind of people we needed as the human resources we have been describing.
My concern is that excessive oversight established by this current bill will do the same thing, if not more. It will leave case officers who do human intelligence missions concerned that they cannot do their jobs to the best of their ability without worrying about being disciplined or somebody kind of looking over their shoulder.
Some people have called this reluctance by operations officers, by these officers, ``risk aversion.'' I don't know if that is the right characterization, but certainly we have had difficulties accomplishing certain missions because we could not get enough trained people on the ground in critical places throughout the world.
I am concerned that the oversight provisions of sections 126, 127, and 212 in this bill will continue to hurt us in this area.
Having said that, I believe removing these provisions would create a much better balance between the Government authority needed to protect America and the civil liberties we hold so dear. Removing these sections that create too many oversight positions would remove redundancy while maintaining the Privacy and Civil Liberties Oversight Board that was recommended by the national commission.
Once again, I believe this bill does a very good job of enhancing our intelligence system, but let us not undermine these positive steps before they have had a chance to work.
I yield the floor. I suggest the absence of a quorum.
Madam President, when I delivered my short remarks in reference to the privacy and civil liberties provision, I failed to mention the other provisions in the bill that attempt to provide similar or corresponding type relationships. One is called the privacy and civil liberties oversight board. That is a very different thing within the purview of intelligence activities. It is almost political in nature. It is appointed by the President and confirmed by the Senate, three members of one party and two of the other.
It seems to me a very significant intrusion, perhaps, if one of those institutions will have a very chilling effect.
In addition to all of those I have mentioned, four, that is five; I mentioned six, that is seven; and now we have an eighth, which is an ombudsman, which seems, at least to me, to be a bit of piling on in this bill. You get one, and you think it is OK; someone has another; and someone has another. There is no criticism in that, but that is what it appears to me. We used to call that piling on when we went into conference where somebody seemed to be piling on because they have so many provisions affecting the same thing. But in this case, if that is what it is, it will have serious potential for repercussions that we don't want.
I thank you, Madam President, and the Senate for yielding me this time.